80 FR 30648 - Transporter Proof of Delivery
DEPARTMENT OF DEFENSE
Office of the Secretary Federal Register Volume 80, Issue 103 (May 29, 2015)
Office of the Secretary
Federal Register Volume 80, Issue 103 (May 29, 2015)
| Page Range | 30648-30650 | |
| FR Document | 2015-13002 |
[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)] [Proposed Rules] [Pages 30648-30650] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13002] [[Page 30648]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary 48 CFR Part 5432 [DOD-2008-DARS-0006] RIN 0790-AI05 Transporter Proof of Delivery AGENCY: Department of Defense. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This rule establishes a clause allowing the Government to require that contractors provide Transporter Proof of Delivery (TPD) when requested. As used in this rule, TPD means a commercial document that is generated by the contractor or the contractor's transporter of supplies and is signed by the Government customer in order to document delivery of supplies under a contract or order. DATES: Consideration will be given to all comments received on or before July 28, 2015. ADDRESSES: You may submit comments, identified by docket number and or Regulatory Information Number (RIN) number and title, by any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate of Oversight and Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301- 9010. Instructions: All submissions received must include the agency name and docket number or RIN for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Christine Bond Jawish, (703) 767-8451. SUPPLEMENTARY INFORMATION: Executive Summary I. Purpose of This Regulatory Action Not all Defense Logistics Agency (DLA) customers provide acknowledgement of receipt, which can lead to payment problems and negatively impact auditability. The TPD clause provides a mechanism for procuring proof of delivery from affected contractors, if the receiving activity has not acknowledged receipt of material. TPD documentation will be used as evidential matter in support of the receipt and acceptance functions, which will facilitate the payment process and support timely payment, thus decreasing Prompt Payment Act interest charges against the Government. It is estimated that on an annual basis, DLA pays approximately $800,000 in interest due to late payment. The legal authority for the regulatory action is 41 U.S.C. 1303, the general authority for Federal Acquisition Regulations system rule making. II. Summary of the Major Provisions of This Regulatory Action This regulatory action provides for issuance of a TPD clause that requires contractors to submit TPD information when requested. The clause will be applicable to solicitations and awards for acquisitions for supplies issued by DLA Aviation, DLA Land and Maritime, and DLA Troop Support when contract deliveries will be made directly to DLA customers, with the following exceptions: Acquisitions requiring DCMA Inspection and Acceptance, shipments for overseas destinations or to containerization consolidation points, and acquisitions conducted under the Subsistence Total Order and Receipt Electronic System (STORES), Defense Medical Logistics Standard Support (DMLSS), Industrial Prime Vendor (IPV), or Integrated Logistics Partner (ILP) programs. TPD will normally be requested from a contractor only when it is known or appears likely, based on current or past experience, that a customer receiving supplies under the applicable contract or order will not provide material receipt acknowledgment (MRA) in a timely manner so as to support payment in accordance with Prompt Payment Act requirements. The clause states that when the Government requests TPD, the request and response will be made using electronic mail and requires the contractor to submit the requested TPD documentation in a prescribed digital format. It is anticipated that contractors will either have or will easily be able to collect the TPD documentation in the normal course of business. III. Cost and Benefits of This Regulatory Action It is anticipated that costs related to use of the clause will not be significant. The information to be submitted under the clause is expected to be required only on an exception basis, is expected to be readily available to the contractors subject to the clause, and will normally be provided using electronic means (digital attachments to electronic mail). Use of the clause will facilitate the contract payment process in instances where the normal system for receipt and acceptance is not functioning in a timely manner. It is anticipated that facilitation of the contract payment process will result in a decrease in Prompt Payment Act interest accrual and resulting payments to contractors by the Defense Logistics Agency. Regulatory Analysis Executive Order 12866, ``Regulatory Planning and Review'' and Executive Order 13563, ``Improving Regulation and Regulatory Review'' It has been determined that 48 CFR part 5432 is a significant regulatory action and has been reviewed by OMB. Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act'' It has been certified that this rule does not contain a Federal mandate that may result in the expenditure by State, local and tribal governments, in aggregate, or by the private sector, of $100 million or more in any one year. Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601) It has been certified that this rule is not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if promulgated, have a significant economic impact on a substantial number of small entities. The implementation of this rule will facilitate the receipt documentation process and enhance the accountability of DLA-provided goods, as well as provide a basis for more efficient and expeditious payments to affected contractors. Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35) Section 5432.2 of this proposed rule contains information collection requirements. DoD has submitted the following proposal to OMB under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (b) the accuracy of the estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including the use of automated [[Page 30649]] collection techniques or other forms of information technology. Title: Transporter Proof of Delivery. Type of Request: Existing collection in use without an OMB Control Number. Number of Respondents: 158,307. Responses per Respondent: 1. Annual Responses: 158,307. Average Burden per Response: 10 minutes. Annual Burden Hours: 26,385 hours. Needs and Uses: Transporter Proof of Delivery documentation will be requested from a contractor when it is known or appears likely, based on current or past experience that a customer receiving supplies under the applicable contractor or order will not provide material receipt acknowledgment in a timely manner so as to support payment in accordance with Prompt Payment requirements. Affected Public: Businesses or other for-profits. Frequency: Annually. Respondent's Obligation: Voluntary. OMB Desk Officer: Jasmeet Seehra. Written comments and recommendations on the proposed information collection should be sent to Ms. Jasmeet Seehra at the Office of Management and Budget, DoD Desk Officer, Room 10102, New Executive Office Building, Washington, DC 20503, with a copy to the Defense Logistics Agency, ATTN: J71, Suite 3122, 8725 John Kingman Road, Fort Belvoir, VA 22060. Comments can be received from 30 to 60 days after the date of this notice, but comments to OMB will be most useful if received by OMB within 30 days after the date of this notice. You may also submit comments, identified by docket number and title, by the following method: * Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information. To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Defense Logistics Agency, ATTN: J71, Suite 3122, 8725 John Kingman Road, Fort Belvoir, VA 22060. POC is Christine Bond Jawish, 703-767-8451. Executive Order 13132, ``Federalism'' It has been certified that this rule does not have federalism implications, as set forth in Executive Order 13132. This rule does not have substantial direct effects on: (1) The States; (2) The relationship between the National Government and the States; or (3) The distribution of power and responsibilities among the various levels of government. List of Subjects in 48 CFR Part 5432 Contract delivery receipt process. Accordingly, title 48 CFR Chapter 54, is proposed to be amended to add part 5432 to read as follows: PART 5432--TRANSPORTER PROOF OF DELIVERY Sec. 5432.1 Payment documentation process. 5432.2 Transporter proof of delivery. Authority: 41 U.S.C. 401 et seq. Sec. 5432.1 Payment documentation process. (a) General. (1) Transporter proof of delivery (TPD). (i) TPD is a commercial document generated by the contractor or the transporter of supplies and signed by the Government customer at time of delivery. TPD, in combination with adequate contractor documentation cross- referencing the TPD to the specific supplies provided, demonstrates customer receipt. This documentation allows the Government to initiate the acceptance and payment process. (ii) TPD is not a substitute for any other receipt and acceptance documentation, such as the material receipt acknowledgement (MRA) or the Wide Area Workflow receiving report (RR) required from the DoD customer, but is a supplement to such documentation, and may be used to document receipt and as the basis for Government acceptance to pay the contractor's invoice in the absence of an MRA or RR. The exceptions to the requirement for contractors to submit payment requests and receiving reports in electronic form are listed at DFARS 232.7002, to include cases in which DoD is unable to receive payment requests or provide acceptance in electronic form. (2) [Reserved]. (b) Content of invoices. (1) TPD. (i) DLA may accept supplies based on submission by the contractor of satisfactory documentation to demonstrate customer receipt of supplies (correct items(s) and correct quantities) under a specific contract or order in accordance with paragraph (a)(1) of this section. (ii) If the customer has submitted a supply discrepancy report (SDR) or MRA discrepancy indicator, payment shall not be made until the discrepancy is resolved. If payment is made before the purchasing organization receives the SDR or MRA discrepancy indicator, the Government may pursue appropriate remedies, including those provided by Sec. 5432.2. (2) Reserved. (c) Authorization to pay. (1) TPD. (i) Application. Contracting officers at DLA Aviation, DLA Land and Maritime, and DLA Troop Support shall insert the clause at Sec. 5432.2, TPD, in solicitations and awards for supplies when contract deliveries will be made directly to DLA customers. The following exceptions apply: (A) DCMA Inspection and Acceptance (B) Shipments to overseas destinations or to containerization consolidation points; and (C) Acquisitions conducted under the Subsistence Total Order and Receipt Electronic System (STORES), Defense Medical Logistics Standard Support (DMLSS), Industrial Prime Vendor (IPV), or Integrated Logistics Partner (ILP) programs. (ii) Transporter proof of delivery procedural guidance: TPD will normally be requested from a contractor only when it is known or appears likely, based on current or past experience, that a customer receiving supplies under the applicable contract or order will not provide material receipt acknowledgement (MRA) in a timely manner so as to support payment in accordance with Prompt Payment requirements. The customer is still required to submit the MRA, and supply chains shall continue to ensure that follow up action is taken by appropriate personnel to obtain the MRA from the customer when it is not provided. (2) Reserved. Sec. 5432.2 Transporter proof of delivery. Insert the Transporter Proof of Delivery clause in this section, when applicable in accordance with Sec. 5432.1(a)(1)(i) and when either the clause at 48 CFR 52.232-25, Prompt Payment, or the clause at 48 CFR 52.212-4, Contract Terms and Conditions--Commercial Items, is used. (Beginning of Clause) TRANSPORTER PROOF OF DELIVERY (TPD) (DATE) (a) Definition. As used in this clause, transporter proof of delivery (TPD) means a commercial document that is generated by the Contractor or the Contractor's transporter of supplies and that is signed by the Government [[Page 30650]] customer in order to document delivery of supplies under this contract/ order. Examples of TPD are United Parcel Service (UPS) or Federal Express (FEDEX) delivery tracking reports. TPD documentation must include a Government customer signature and, if practicable, clearly state the name of the Government customer who signed. (b) When this clause is included in the contract or order, the Government may use TPD, in combination with adequate Contractor documentation cross-referencing the TPD to the specific supplies provided, as a basis for accepting the supplies. TPD with adequate supporting documentation satisfies the receipt report requirement and in non-fast payment contracts and orders allows the Government to initiate the payment process, if all other applicable payment conditions are satisfied. (c) To facilitate the payment process, the Government may initiate a request for the Contractor to provide TPD. The Contractor shall provide TPD upon request by the Government. The Contractor shall provide TPD within 10 calendar days following request. The request and response will be made using electronic mail. The Contractor shall immediately notify the Government if TPD is not available. The TPD documentation shall be a clear, readable, and accurate copy of the original and be provided in standard Portable Document File (PDF) or Joint Photographic Experts Group (JPEG) digital format, and must include the following: (1) Government customer signature and, if practicable, clearly state the name of the Government customer who signed; (2) Contract number and, if applicable, order number; (3) Contract line item number(s) (CLIN(s)); (4) Quantity of items; (5) National stock number (NSN); (6) Delivery date; (7) Recipient organization's name and address; and (8) Location where the carrier made delivery (activity name, building number, city, state). (d) In addition to the above information which is required, the TPD should contain as much of the following information as possible: (1) Unit price; (2) Extended Price; (3) Receiving activity Department of Defense activity address code (DoDAAC) (4) Requisition document number (and suffix, when applicable); (5) Shipment number; and, (6) Invoice number. (e) Responsibility for supplies for which TPD is requested. (1) Title to the supplies passes to the Government when the Government accepts the supplies. (2) Notwithstanding any other provision of the contract, order, or blanket purchase agreement, the Contractor shall: (i) Assume all responsibility and risk of loss for supplies not received at destination, damaged in transit, or not conforming to purchase requirements; and (ii) Replace, repair, or correct those supplies promptly at the Contractor's expense, if instructed to do so by the Contracting Officer within 180 days from the date title to the supplies vests in the Government. (End of Clause) Dated: May 26, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2015-13002 Filed 5-28-15; 8:45 am] BILLING CODE 5001-06-P
![30648 Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Proposed Rules
DEPARTMENT OF DEFENSE activity has not acknowledged receipt of be provided using electronic means
material. TPD documentation will be (digital attachments to electronic mail).
Office of the Secretary used as evidential matter in support of Use of the clause will facilitate the
the receipt and acceptance functions, contract payment process in instances
48 CFR Part 5432 which will facilitate the payment where the normal system for receipt and
[DOD–2008–DARS–0006] process and support timely payment, acceptance is not functioning in a
thus decreasing Prompt Payment Act timely manner. It is anticipated that
RIN 0790–AI05 interest charges against the Government. facilitation of the contract payment
It is estimated that on an annual basis, process will result in a decrease in
Transporter Proof of Delivery DLA pays approximately $800,000 in Prompt Payment Act interest accrual
AGENCY: Department of Defense. interest due to late payment. and resulting payments to contractors
The legal authority for the regulatory by the Defense Logistics Agency.
ACTION: Proposed rule.
action is 41 U.S.C. 1303, the general
authority for Federal Acquisition Regulatory Analysis
SUMMARY: This rule establishes a clause
allowing the Government to require that Regulations system rule making. Executive Order 12866, ‘‘Regulatory
contractors provide Transporter Proof of II. Summary of the Major Provisions of Planning and Review’’ and Executive
Delivery (TPD) when requested. As used This Regulatory Action Order 13563, ‘‘Improving Regulation
in this rule, TPD means a commercial and Regulatory Review’’
This regulatory action provides for
document that is generated by the It has been determined that 48 CFR
issuance of a TPD clause that requires
contractor or the contractor’s transporter part 5432 is a significant regulatory
contractors to submit TPD information
of supplies and is signed by the action and has been reviewed by OMB.
when requested. The clause will be
Government customer in order to
applicable to solicitations and awards Section 202, Public Law 104–4,
document delivery of supplies under a
for acquisitions for supplies issued by ‘‘Unfunded Mandates Reform Act’’
contract or order.
DLA Aviation, DLA Land and Maritime,
DATES: Consideration will be given to all and DLA Troop Support when contract It has been certified that this rule does
comments received on or before July 28, deliveries will be made directly to DLA not contain a Federal mandate that may
2015. customers, with the following result in the expenditure by State, local
ADDRESSES: You may submit comments, exceptions: Acquisitions requiring and tribal governments, in aggregate, or
identified by docket number and or DCMA Inspection and Acceptance, by the private sector, of $100 million or
Regulatory Information Number (RIN) shipments for overseas destinations or more in any one year.
number and title, by any of the to containerization consolidation points, Public Law 96–354, ‘‘Regulatory
following methods: and acquisitions conducted under the Flexibility Act’’ (5 U.S.C. 601)
• Federal eRulemaking Portal: http:// Subsistence Total Order and Receipt
www.regulations.gov. Follow the Electronic System (STORES), Defense It has been certified that this rule is
instructions for submitting comments. Medical Logistics Standard Support not subject to the Regulatory Flexibility
• Mail: Department of Defense, Office (DMLSS), Industrial Prime Vendor Act (5 U.S.C. 601) because it would not,
of the Deputy Chief Management (IPV), or Integrated Logistics Partner if promulgated, have a significant
Officer, Directorate of Oversight and (ILP) programs. economic impact on a substantial
Compliance, Regulatory and Audit TPD will normally be requested from number of small entities.
Matters Office, 9010 Defense Pentagon, a contractor only when it is known or The implementation of this rule will
Washington, DC 20301–9010. appears likely, based on current or past facilitate the receipt documentation
Instructions: All submissions received experience, that a customer receiving process and enhance the accountability
must include the agency name and supplies under the applicable contract of DLA-provided goods, as well as
docket number or RIN for this Federal or order will not provide material provide a basis for more efficient and
Register document. The general policy receipt acknowledgment (MRA) in a expeditious payments to affected
for comments and other submissions timely manner so as to support payment contractors.
from members of the public is to make in accordance with Prompt Payment Act Public Law 96–511, ‘‘Paperwork
these submissions available for public requirements. Reduction Act’’ (44 U.S.C. Chapter 35)
viewing on the Internet at http:// The clause states that when the
www.regulations.gov as they are Government requests TPD, the request Section 5432.2 of this proposed rule
received without change, including any and response will be made using contains information collection
personal identifiers or contact electronic mail and requires the requirements. DoD has submitted the
information. contractor to submit the requested TPD following proposal to OMB under the
documentation in a prescribed digital provisions of the Paperwork Reduction
FOR FURTHER INFORMATION CONTACT:
format. It is anticipated that contractors Act (44 U.S.C. Chapter 35). Comments
Christine Bond Jawish, (703) 767–8451.
will either have or will easily be able to are invited on: (a) Whether the proposed
SUPPLEMENTARY INFORMATION: collection of information is necessary
collect the TPD documentation in the
Executive Summary normal course of business. for the proper performance of the
functions of DoD, including whether the
I. Purpose of This Regulatory Action III. Cost and Benefits of This Regulatory information will have practical utility;
Action
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Not all Defense Logistics Agency (b) the accuracy of the estimate of the
(DLA) customers provide It is anticipated that costs related to burden of the proposed information
acknowledgement of receipt, which can use of the clause will not be significant. collection; (c) ways to enhance the
lead to payment problems and The information to be submitted under quality, utility, and clarity of the
negatively impact auditability. The TPD the clause is expected to be required information to be collected; and (d)
clause provides a mechanism for only on an exception basis, is expected ways to minimize the burden of the
procuring proof of delivery from to be readily available to the contractors information collection on respondents,
affected contractors, if the receiving subject to the clause, and will normally including the use of automated
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collection techniques or other forms of Executive Order 13132, ‘‘Federalism’’ (ii) If the customer has submitted a
information technology. It has been certified that this rule does supply discrepancy report (SDR) or
Title: Transporter Proof of Delivery. not have federalism implications, as set MRA discrepancy indicator, payment
Type of Request: Existing collection in forth in Executive Order 13132. This shall not be made until the discrepancy
use without an OMB Control Number. rule does not have substantial direct is resolved. If payment is made before
Number of Respondents: 158,307. the purchasing organization receives the
effects on:
Responses per Respondent: 1. SDR or MRA discrepancy indicator, the
(1) The States;
Annual Responses: 158,307. Government may pursue appropriate
(2) The relationship between the
Average Burden per Response: 10 remedies, including those provided by
National Government and the States; or
minutes. § 5432.2.
(3) The distribution of power and
Annual Burden Hours: 26,385 hours. (2) Reserved.
Needs and Uses: Transporter Proof of responsibilities among the various
levels of government. (c) Authorization to pay. (1) TPD. (i)
Delivery documentation will be Application. Contracting officers at DLA
requested from a contractor when it is List of Subjects in 48 CFR Part 5432 Aviation, DLA Land and Maritime, and
known or appears likely, based on Contract delivery receipt process. DLA Troop Support shall insert the
current or past experience that a clause at § 5432.2, TPD, in solicitations
Accordingly, title 48 CFR Chapter 54,
customer receiving supplies under the and awards for supplies when contract
is proposed to be amended to add part
applicable contractor or order will not deliveries will be made directly to DLA
5432 to read as follows:
provide material receipt customers. The following exceptions
acknowledgment in a timely manner so PART 5432—TRANSPORTER PROOF apply:
as to support payment in accordance OF DELIVERY (A) DCMA Inspection and Acceptance
with Prompt Payment requirements. (B) Shipments to overseas
Affected Public: Businesses or other Sec. destinations or to containerization
for-profits. 5432.1 Payment documentation process. consolidation points; and
Frequency: Annually. 5432.2 Transporter proof of delivery. (C) Acquisitions conducted under the
Respondent’s Obligation: Voluntary. Authority: 41 U.S.C. 401 et seq. Subsistence Total Order and Receipt
OMB Desk Officer: Jasmeet Seehra. Electronic System (STORES), Defense
Written comments and § 5432.1 Payment documentation process. Medical Logistics Standard Support
recommendations on the proposed (a) General. (1) Transporter proof of (DMLSS), Industrial Prime Vendor
information collection should be sent to delivery (TPD). (i) TPD is a commercial (IPV), or Integrated Logistics Partner
Ms. Jasmeet Seehra at the Office of document generated by the contractor or (ILP) programs.
Management and Budget, DoD Desk the transporter of supplies and signed (ii) Transporter proof of delivery
Officer, Room 10102, New Executive by the Government customer at time of procedural guidance: TPD will normally
Office Building, Washington, DC 20503, delivery. TPD, in combination with be requested from a contractor only
with a copy to the Defense Logistics adequate contractor documentation when it is known or appears likely,
Agency, ATTN: J71, Suite 3122, 8725 cross-referencing the TPD to the specific based on current or past experience, that
John Kingman Road, Fort Belvoir, VA supplies provided, demonstrates a customer receiving supplies under the
22060. Comments can be received from customer receipt. This documentation applicable contract or order will not
30 to 60 days after the date of this allows the Government to initiate the provide material receipt
notice, but comments to OMB will be acceptance and payment process. acknowledgement (MRA) in a timely
most useful if received by OMB within (ii) TPD is not a substitute for any manner so as to support payment in
30 days after the date of this notice. other receipt and acceptance accordance with Prompt Payment
You may also submit comments, documentation, such as the material requirements. The customer is still
identified by docket number and title, receipt acknowledgement (MRA) or the required to submit the MRA, and supply
by the following method: Wide Area Workflow receiving report chains shall continue to ensure that
* Federal eRulemaking Portal: (RR) required from the DoD customer, follow up action is taken by appropriate
http://www.regulations.gov. Follow the but is a supplement to such personnel to obtain the MRA from the
instructions for submitting comments. documentation, and may be used to customer when it is not provided.
Instructions: All submissions received document receipt and as the basis for (2) Reserved.
must include the agency name, docket Government acceptance to pay the
number and title for this Federal contractor’s invoice in the absence of an § 5432.2 Transporter proof of delivery.
Register document. The general policy MRA or RR. The exceptions to the Insert the Transporter Proof of
for comments and other submissions requirement for contractors to submit Delivery clause in this section, when
from members of the public is to make payment requests and receiving reports applicable in accordance with
these submissions available for public in electronic form are listed at DFARS § 5432.1(a)(1)(i) and when either the
viewing on the Internet at http:// 232.7002, to include cases in which clause at 48 CFR 52.232–25, Prompt
www.regulations.gov as they are DoD is unable to receive payment Payment, or the clause at 48 CFR
received without change, including any requests or provide acceptance in 52.212–4, Contract Terms and
personal identifiers or contact electronic form. Conditions—Commercial Items, is used.
information. (2) [Reserved]. (Beginning of Clause)
To request more information on this (b) Content of invoices. (1) TPD. (i)
TRANSPORTER PROOF OF DELIVERY
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proposed information collection or to DLA may accept supplies based on
obtain a copy of the proposal and submission by the contractor of (TPD) (DATE)
associated collection instruments, satisfactory documentation to (a) Definition. As used in this clause,
please write to the Defense Logistics demonstrate customer receipt of transporter proof of delivery (TPD)
Agency, ATTN: J71, Suite 3122, 8725 supplies (correct items(s) and correct means a commercial document that is
John Kingman Road, Fort Belvoir, VA quantities) under a specific contract or generated by the Contractor or the
22060. POC is Christine Bond Jawish, order in accordance with paragraph Contractor’s transporter of supplies and
703–767–8451. (a)(1) of this section. that is signed by the Government
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customer in order to document delivery TPD is not available. The TPD (4) Requisition document number
of supplies under this contract/order. documentation shall be a clear, (and suffix, when applicable);
Examples of TPD are United Parcel readable, and accurate copy of the (5) Shipment number; and,
Service (UPS) or Federal Express original and be provided in standard (6) Invoice number.
(FEDEX) delivery tracking reports. TPD Portable Document File (PDF) or Joint (e) Responsibility for supplies for
documentation must include a Photographic Experts Group (JPEG) which TPD is requested.
Government customer signature and, if digital format, and must include the (1) Title to the supplies passes to the
practicable, clearly state the name of the following: Government when the Government
Government customer who signed. (1) Government customer signature accepts the supplies.
(b) When this clause is included in and, if practicable, clearly state the
the contract or order, the Government (2) Notwithstanding any other
name of the Government customer who
may use TPD, in combination with provision of the contract, order, or
signed;
adequate Contractor documentation blanket purchase agreement, the
(2) Contract number and, if
cross-referencing the TPD to the specific Contractor shall:
applicable, order number;
supplies provided, as a basis for (3) Contract line item number(s) (i) Assume all responsibility and risk
accepting the supplies. TPD with (CLIN(s)); of loss for supplies not received at
adequate supporting documentation (4) Quantity of items; destination, damaged in transit, or not
satisfies the receipt report requirement (5) National stock number (NSN); conforming to purchase requirements;
and in non-fast payment contracts and (6) Delivery date; and
orders allows the Government to initiate (7) Recipient organization’s name and (ii) Replace, repair, or correct those
the payment process, if all other address; and supplies promptly at the Contractor’s
applicable payment conditions are (8) Location where the carrier made expense, if instructed to do so by the
satisfied. delivery (activity name, building Contracting Officer within 180 days
(c) To facilitate the payment process, number, city, state). from the date title to the supplies vests
the Government may initiate a request (d) In addition to the above in the Government.
for the Contractor to provide TPD. The information which is required, the TPD (End of Clause)
Contractor shall provide TPD upon should contain as much of the following
request by the Government. The information as possible: Dated: May 26, 2015.
Contractor shall provide TPD within 10 (1) Unit price; Aaron Siegel,
calendar days following request. The (2) Extended Price; Alternate OSD Federal Register Liaison
request and response will be made using (3) Receiving activity Department of Officer, Department of Defense.
electronic mail. The Contractor shall Defense activity address code [FR Doc. 2015–13002 Filed 5–28–15; 8:45 am]
immediately notify the Government if (DoDAAC) BILLING CODE 5001–06–P
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Document Created: 2015-12-15 15:31:20
Document Modified: 2015-12-15 15:31:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Consideration will be given to all comments received on or before July 28, 2015. | |
| Contact | Christine Bond Jawish, (703) 767-8451. | |
| FR Citation | 80 FR 30648 | |
| RIN Number | 0790-AI05 |
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