81_FR_63321 81 FR 63143 - NASA Federal Acquisition Regulation Supplement: Revised Voucher Submission & Payment Process (NFS Case 2016-N025)

81 FR 63143 - NASA Federal Acquisition Regulation Supplement: Revised Voucher Submission & Payment Process (NFS Case 2016-N025)

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 178 (September 14, 2016)

Page Range63143-63145
FR Document2016-22046

NASA is issuing an interim rule amending the NASA Federal Acquisition Regulation Supplement (NFS) to implement revisions to the voucher submittal and payment process. These revisions are necessary due to section 893 of the National Defense Authorization Act for Fiscal Year 2016 prohibiting the Defense Contract Audit Agency (DCAA) from performing audit work for non-Defense Agencies. NASA had delegated to DCAA the task of reviewing contractor requests for payment under NASA cost-type contracts.

Federal Register, Volume 81 Issue 178 (Wednesday, September 14, 2016)
[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Rules and Regulations]
[Pages 63143-63145]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22046]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1816, 1832, 1842, and 1852

RIN 2700-AE34


NASA Federal Acquisition Regulation Supplement: Revised Voucher 
Submission & Payment Process (NFS Case 2016-N025)

AGENCY: National Aeronautics and Space Administration.

ACTION: Interim rule.

-----------------------------------------------------------------------

SUMMARY: NASA is issuing an interim rule amending the NASA Federal 
Acquisition Regulation Supplement (NFS) to implement revisions to the 
voucher submittal and payment process. These revisions are necessary 
due to section 893 of the National Defense Authorization Act for Fiscal 
Year 2016 prohibiting the Defense Contract Audit Agency (DCAA) from 
performing audit work for non-Defense Agencies. NASA had delegated to 
DCAA the task of reviewing contractor requests for payment under NASA 
cost-type contracts.

DATES: 
    Effective: September 14, 2016.
    Comment date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before November 14, 2016, to 
be considered in the formation of a final rule.

ADDRESSES: Submit comments identified by NFS Case 2016-N025, using any 
of the following methods:
    [cir] Regulations.gov: http://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``NFS Case 2016-N025'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``NFS Case 
2016-N025.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``NFS Case 2016-N025'' on your attached document.
    [cir] Email: [email protected]. Include NFS Case 2016-N025 in 
the subject line of the message.
    [cir] Fax: (202) 358-3082.
    [cir] Mail: National Aeronautics and Space Administration, 
Headquarters, Office of Procurement, Contract and Grant Policy 
Division, Attn: John J. Lopez, LP-011, 300 E Street SW., Washington, DC 
20546-0001.

FOR FURTHER INFORMATION CONTACT: Mr. John J. Lopez, NASA HQ, Office of 
Procurement, Contract and Grant Policy Division, LP-011, 300 E Street 
SW., Washington, DC 20456-0001. Telephone 202-358-3740; facsimile 202-
358-3082.

SUPPLEMENTARY INFORMATION: 

I. Background

    This interim rule revises the NFS to implement revisions to the 
voucher submittal and payment process. These revisions are necessary 
due to section 893 of the National Defense Authorization Act for Fiscal 
Year 2016 (Pub. L. 114-92) prohibiting DCAA from performing audit work 
for non-Defense Agencies. Section 893 prohibits DCAA from performing 
audit work for non-Defense Agencies until DCAA's backlog of incurred 
cost audits is below 18 months. DCAA's current backlog of cost audits 
is greater than 18 months. NASA had delegated to DCAA the task of 
reviewing contractor requests for payment under its cost-type 
contracts. As a result of section 893, DCAA has ceased cost voucher 
audit support to NASA, in turn, jeopardizing timely payment to 
contractors for work performed. NASA has revised its cost voucher 
submission and payment process to ensure the continued prompt payment 
to its suppliers. Accordingly, the NFS needs to be immediately revised 
to implement procedural changes to minimize cost voucher submission and 
payment delays to NASA suppliers as well the potential accrual of 
Government interest payments to contractors.

[[Page 63144]]

II. Discussion

    Sections of the NFS are being revised to implement changes to 
NASA's voucher submission and payment process. Specifically, NASA is--
     Deleting the outdated clause prescription at NFS 1816.307-
70(e) and associated clause at NFS 1852.216-87 relating to the 
submission of vouchers for payment;
     Establishing a new clause prescription at NFS 1832.908-70 
and associated clause at 1852.232-80 relative to the submission of 
vouchers for payment that reflects electronic submittal of vouchers and 
NASA resources processing these payment requests versus DCAA;
     Deleting NFS section 1842.7101(a) and (b) because DCAA is 
no longer processing vouchers for NASA; thus this guidance is no longer 
needed; and
     Deleting NFS section 1842.7101(c) because the requirement 
of submitting additional hard copies of Standard Form 1034 and Standard 
Form 1035A to the General Services Administration (GSA) is no longer 
required. This outdated process is being replaced by electronic 
submissions.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    NASA does not expect this interim rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because the guidance will not create additional burden to the 
contractor but rather the rule is intended to update the current 
voucher submission process at NASA, which will result in fewer voucher 
rejections, rework, and payment delays. However, an initial regulatory 
flexibility analysis has been performed and is summarized as follows:
    NASA is revising the NFS to implement revisions to the voucher 
submittal and payment process. These revisions are necessary due to 
section 893 of the National Defense Authorization Act for Fiscal Year 
2016 (Pub. L. 114-92) prohibiting DCAA from performing audit work for 
non-Defense Agencies.
    The objective of this rule is to remove the outdated NFS payment 
clause and associated prescription relative to the NASA voucher 
submittal and payment process and replace with a new clause that will 
revamp NASA's cost voucher submission and payment process to ensure the 
continued prompt payment to its suppliers. The revision will also 
minimize cost voucher submission and payment delays to NASA suppliers 
as well the potential accrual of Government interest payments to 
contractors.
    This rule would apply to contractor requests for payment under cost 
reimbursement contracts. An analysis of data in the Federal Procurement 
Data System (FPDS) revealed that cost reimbursement contracts are 
primarily awarded to large businesses. FPDS data compiled over the past 
three fiscal years (FY2013 through FY2015) showed an average of 311 
active cost reimbursement NASA contracts, of which 141 (approximately 
45%) were awarded to small businesses. However, there is no significant 
economic or administrative cost impact to small or large businesses 
because the rule will have a positive benefit in the way of fewer 
voucher rejections, rework, and payment delays. The rule does not 
contain additional reporting requirements, recordkeeping, or other 
compliance requirements.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules. No alternative approaches were considered, because this 
approach will have minimal impact on small entities.
    NASA invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities. NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by this rule 
in accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610 (NFS Case 2016-N025), 
in correspondence.

V. Paperwork Reduction Act

    The rule contains information collection requirements that require 
the approval of the Office of Management and Budget under the Paperwork 
Reduction Act (44 U.S.C. chapter 35); however, these changes to the NFS 
do not impose additional information collection requirements to the 
paperwork burden previously approved under OMB Control Number 9000-
0070, entitled Payments--FAR Sections Affected: 52.232-1 thru 52.232-4 
and 52.232-6 thru 52.232-11.

VI. Determination To Issue an Interim Rule

    A determination has been made under the authority of the 
Administrator of the National Aeronautics and Space Administration that 
urgent and compelling reasons exist to promulgate this interim rule 
without prior opportunity for public comment. This action to revise the 
submission of vouchers for payment process is necessary to avert the 
rejection of contractor payment requests and potential payment delays, 
which will result in annual cost avoidance to the Government of 
approximately $383,000. In addition, we anticipate the Government 
potentially avoiding approximately $134,000 in late payment interest 
charges.
    Section 893 of the National Defense Authorization Act for Fiscal 
Year 2016 prohibits the Defense Contract Audit Agency (DCAA) from 
performing audit work for non-Defense Agencies. NASA had delegated to 
DCAA the task of reviewing contractor requests for payment under our 
cost type contracts. This interim rule is needed to ensure that 
contractors have the correct procedures for submitting vouchers for 
payment. The existing contract payment clause has submittal of vouchers 
to DCAA for review, however, DCAA is no longer reviewing and approving 
contractor payment requests for NASA. Furthermore, if contractors 
continue to submit payment requests to DCAA, DCAA will reject them 
causing a delay in contractor payments. In turn, this will cause 
additional effort for contractors to rework and resubmit the voucher 
for payment. Immediate implementation of this rule will prevent 
unnecessary rework and resubmission of payment requests by the 
contractor and preclude delayed payments resulting in annual cost 
avoidance of approximately $383,000. This interim rule ensures prompt 
awareness of and compliance by contractors with the new submission of 
vouchers procedures. However, pursuant to 41 U.S.C. 1707 and FAR 1.501-
3(b), NASA will consider public comments received in response to this 
interim rule in the formation of the final rule.

[[Page 63145]]

List of Subjects in 48 CFR Parts 1816, 1832, 1842, and 1852

    Government procurement.

Manuel Quinones,
NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1816, 1832, 1842, and 1852 are amended as 
follows:

0
1. The authority citation for parts 1816, 1832, and 1852 continues to 
read as follows:

    Authority:  51 U.S.C. 20113(a) and 48 CFR chapter 1.

PART 1816--TYPES OF CONTRACTS


1816.307-70   [Amended]

0
2. Amend section 1816.307-70 by removing and reserving paragraph (e).

PART 1832--CONTRACT FINANCING

0
3. Add subpart 1832.9 to read as follows:
Subpart 1832.9--Prompt Payment
Sec.
1832.908 Contract clauses.
1832.908-70 Submission of Vouchers.

Subpart 1832.9--Prompt Payment


1832.908   Contract clauses.


1832.908-70   Submission of Vouchers.

    Insert clause 1852.232-80, Submission of Vouchers for Payment, in 
all cost-reimbursement solicitations and contracts.

PART 1842--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
4. The authority citation for part 1842 is revised to read as follows:

    Authority:  51 U.S.C. 20113(a) and 48 CFR chapter 1.

Subpart 1842.71 [Removed and Reserved]

0
5. Remove and reserve subpart 1842.71.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


1852.216-87   [Removed and Reserved]

0
6. Remove and reserve section 1852.216-87.

0
7. Add section 1852.232-80 to read as follows:


1852.232-80   Submission of Vouchers for Payment.

    As prescribed in 1832.908-70, insert the following clause:

Submission of Vouchers for Payment (Sep 2016)

    (a) The designated payment office is the NASA Shared Services 
Center (NSSC) located at FMD Accounts Payable, Bldg. 1111, Jerry 
Hlass Road, Stennis Space Center, MS 39529.
    (b) Except for classified vouchers, the Contractor shall submit 
all vouchers electronically using the steps described at NSSC's 
Vendor Payment information Web site at: https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1-
877-NSSC123 (1-877-677-2123) with any additional questions or 
comments.
    (c) Payment requests. (1) The payment periods designated in the 
payment clause(s) contained in this contract will begin on the date 
a proper request for payment is received by the NSSC payment office 
specified in paragraphs (a) and (b) of this section. Vouchers shall 
be prepared in accordance with the guidance provided by the NSSC at 
the following Web site: https://answers.nssc.nasa.gov/app/answers/detail/a_id/6643.
    (2) Vouchers shall include the items delineated in FAR 32.905(b) 
supported by relevant back-up documentation. Back-up documentation 
shall include at a minimum, the following information:
    (i) Breakdown of billed labor costs and associated contractor 
generated supporting documentation for billed direct labor costs to 
include rates used and number of hours incurred.
    (ii) Breakdown of billed other direct costs (ODCs) and 
associated contractor generated supporting documentation for billed 
ODCs.
    (iii) Indirect rate(s) used to calculate the amount of billed 
indirect expenses.
    (d) Non-electronic payment. The Contractor may submit a voucher 
using other than the steps described at NSSC's Vendor Payment 
information through any of the means described at https://www.nssc.nasa.gov/vendorpayment, if any of the following conditions 
are met:
    (1) The Contracting Officer administering the contract for 
payment has determined, in writing, that electronic submission would 
be unduly burdensome to the Contractor. In such cases, the 
Contractor shall include a copy of the Contracting Officer's 
determination with each request for payment when the Government-wide 
commercial purchase card is used as the method of payment.
    (2) The contract includes provision allowing the contractor to 
submit vouchers using other than the steps prescribed at NSSC's 
Vendor Payment information Web site. In such instances, the 
Contractor agrees to submit non-electronic payment requests using 
the method or methods specified in Section G of the contract.
    (e) Improper vouchers. The NSSC Payment Office will notify the 
contractor of any apparent error, defect, or impropriety in a 
voucher within seven calendar days of receipt by the NSSC Payment 
Office. Inquiries regarding requests for payment should be directed 
to the NSSC as specified in paragraph (b) of this section.
    (f) Other payment clauses. In addition to the requirements of 
this clause, the Contractor shall meet the requirements of the 
appropriate payment clauses in this contract when submitting payment 
requests.
    (g) In the event that amounts are withheld from payment in 
accordance with provisions of this contract, a separate payment 
request for the amount withheld will be required before payment for 
that amount may be made.

(End of clause)

[FR Doc. 2016-22046 Filed 9-13-16; 8:45 am]
 BILLING CODE 7510-13-P



                                                               Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations                                       63143

                                                  has determined that it does not have                    List of Subjects in 42 CFR Part 73                    ADDRESSES:   Submit comments
                                                  ‘‘federalism implications.’’ The rule                     Biologics, Packaging and containers,                identified by NFS Case 2016–N025,
                                                  does not ‘‘have substantial direct effects              Penalties, Reporting and recordkeeping                using any of the following methods:
                                                  on the States, on the relationship                      requirements, Transportation.                            Æ Regulations.gov: http://
                                                  between the national government and                                                                           www.regulations.gov. Submit comments
                                                  the States, or on the distribution of                     For the reasons stated in the                       via the Federal eRulemaking portal by
                                                  power and responsibilities among the                    preamble, we are amending 42 CFR part                 entering ‘‘NFS Case 2016–N025’’ under
                                                  various levels of government.’’                         73 as follows:                                        the heading ‘‘Enter keyword or ID’’ and
                                                     In accordance with section 361(e) of                                                                       selecting ‘‘Search.’’ Select the link
                                                                                                          PART 73—SELECT AGENTS AND
                                                  the PHSA [42 U.S.C. 264(e)], nothing in                                                                       ‘‘Submit a Comment’’ that corresponds
                                                                                                          TOXINS
                                                  this rule would supersede any                                                                                 with ‘‘NFS Case 2016–N025.’’ Follow
                                                  provisions of State or local law except                 ■ 1. The authority citation for part 73               the instructions provided at the ‘‘Submit
                                                  to the extent that such a provision                     continues to read as follows:                         a Comment’’ screen. Please include your
                                                  conflicts with this rule.                                                                                     name, company name (if any), and
                                                                                                            Authority: 42 U.S.C. 262a; sections 201–
                                                  F. Plain Language Act of 2010                           204, 221 and 231 of Title II of Public Law
                                                                                                                                                                ‘‘NFS Case 2016–N025’’ on your
                                                                                                          107–188, 116 Stat. 637 (42 U.S.C. 262a).              attached document.
                                                    Under the Plain Language Act of 2010                                                                           Æ Email: John.J.Lopez@nasa.gov.
                                                  (Pub. L. 111–274, October 13, 2010),                    § 73.3   [Amended]                                    Include NFS Case 2016–N025 in the
                                                  executive Departments and Agencies are                                                                        subject line of the message.
                                                  required to use plain language in                       ■  2. Amend § 73.3(b) by adding the term
                                                                                                          ‘‘Bacillus cereus Biovar anthracis*’’ in                 Æ Fax: (202) 358–3082.
                                                  documents that explain to the public                                                                             Æ Mail: National Aeronautics and
                                                  how to comply with a requirement the                    alphabetical order.
                                                                                                                                                                Space Administration, Headquarters,
                                                  Federal Government administers or                         Dated: September 8, 2016.                           Office of Procurement, Contract and
                                                  enforces. HHS/CDC has attempted to                      Sylvia M. Burwell,                                    Grant Policy Division, Attn: John J.
                                                  use plain language in promulgating this                 Secretary.                                            Lopez, LP–011, 300 E Street SW.,
                                                  rule consistent with the Federal Plain                  [FR Doc. 2016–22049 Filed 9–13–16; 8:45 am]           Washington, DC 20546–0001.
                                                  Writing Act guidelines.                                 BILLING CODE 4163–18–P                                FOR FURTHER INFORMATION CONTACT: Mr.
                                                  VI. References                                                                                                John J. Lopez, NASA HQ, Office of
                                                                                                                                                                Procurement, Contract and Grant Policy
                                                  1. Brezillon, C, Hauslant, M, Dupke, S, Corre,
                                                       JP, Lander, A, Franz, T, Monot, M,                 NATIONAL AERONAUTICS AND                              Division, LP–011, 300 E Street SW.,
                                                       Couture-Tosi, E, Jouvion, G, Leendertz,            SPACE ADMINISTRATION                                  Washington, DC 20456–0001.
                                                       FH, Grunow, R, Mock, ME, Klee, SR, and                                                                   Telephone 202–358–3740; facsimile
                                                       Goossens, L. (2015) Capsules, toxins and           48 CFR Parts 1816, 1832, 1842, and                    202–358–3082.
                                                       AtxA as virulence factors of emerging              1852                                                  SUPPLEMENTARY INFORMATION:
                                                       Bacillus cereus Biovar anthracis. PLOS
                                                       Negl. Trop. Dis. 9(4):e0003455.                    RIN 2700–AE34                                         I. Background
                                                  2. Helgason E, Tourasse NJ, Meisal R,
                                                       Caugant DA, Kolst< AB (2004)                       NASA Federal Acquisition Regulation                      This interim rule revises the NFS to
                                                       Multilocus sequence typing scheme for              Supplement: Revised Voucher                           implement revisions to the voucher
                                                       bacteria of the Bacillus cereus group.             Submission & Payment Process (NFS                     submittal and payment process. These
                                                       Appl Environ Microbiol 70: 191–201.                Case 2016–N025)                                       revisions are necessary due to section
                                                  3. Klee SR, Ozel M, Appel B, Boesch C,                                                                        893 of the National Defense
                                                       Ellerbrok H, et al. (2006)                         AGENCY:  National Aeronautics and                     Authorization Act for Fiscal Year 2016
                                                       Characterization of Bacillus anthracis-            Space Administration.                                 (Pub. L. 114–92) prohibiting DCAA from
                                                       like bacteria isolated from wild great             ACTION: Interim rule.                                 performing audit work for non-Defense
                                                       apes from Cote d’Ivoire and Cameroon. J
                                                                                                                                                                Agencies. Section 893 prohibits DCAA
                                                       Bacteriol 188: 5333–5344.                          SUMMARY:   NASA is issuing an interim
                                                  4. Leendertz FH, Ellerbrok H, Boesch C,                                                                       from performing audit work for non-
                                                                                                          rule amending the NASA Federal                        Defense Agencies until DCAA’s backlog
                                                       Couacy-Hymann E, Matz-Rensing K, et                Acquisition Regulation Supplement
                                                       al. (2004) Anthrax kills wild                                                                            of incurred cost audits is below 18
                                                                                                          (NFS) to implement revisions to the                   months. DCAA’s current backlog of cost
                                                       chimpanzees in a tropical rainforest.
                                                       Nature 430: 451–452.                               voucher submittal and payment process.                audits is greater than 18 months. NASA
                                                  5. Leendertz FH, Yumlu S, Pauli G, Boesch               These revisions are necessary due to                  had delegated to DCAA the task of
                                                       C, Couacy-Hymann E, et al. (2006) A new            section 893 of the National Defense                   reviewing contractor requests for
                                                       Bacillus anthracis found in wild                   Authorization Act for Fiscal Year 2016                payment under its cost-type contracts.
                                                       chimpanzees and a gorilla from west and            prohibiting the Defense Contract Audit                As a result of section 893, DCAA has
                                                       central Africa. Plos Pathog 2: e8.                 Agency (DCAA) from performing audit
                                                  6. Leendertz FH, Lankester F, Guislain P,                                                                     ceased cost voucher audit support to
                                                                                                          work for non-Defense Agencies. NASA                   NASA, in turn, jeopardizing timely
                                                       Néel C, Drori O, et al. (2006) Anthrax in         had delegated to DCAA the task of
                                                       Western and Central African great apes.                                                                  payment to contractors for work
                                                                                                          reviewing contractor requests for                     performed. NASA has revised its cost
                                                       Am J Primatol 68: 928–933.
                                                  7. Report of the Working Group on                       payment under NASA cost-type                          voucher submission and payment
                                                       Strengthening the Biosecurity of the               contracts.                                            process to ensure the continued prompt
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                       United States, Executive Order 13486               DATES:                                                payment to its suppliers. Accordingly,
                                                       Working Group (http://                               Effective: September 14, 2016.                      the NFS needs to be immediately
                                                       edocket.access.gpo.gov/2009/pdf/E9-
                                                                                                            Comment date: Comments on the                       revised to implement procedural
                                                       818.pdf).
                                                  8. Avashia SB, et al. (2007) Fatal pneumonia            interim rule should be submitted in                   changes to minimize cost voucher
                                                       among metalworkers due to inhalation               writing to the address shown below on                 submission and payment delays to
                                                       exposure to Bacillus cereus containing             or before November 14, 2016, to be                    NASA suppliers as well the potential
                                                       Bacillus anthracis toxin genes. Clin.              considered in the formation of a final                accrual of Government interest
                                                       Infect. Dis. 44:414–416.                           rule.                                                 payments to contractors.


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                                                  63144        Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations

                                                  II. Discussion                                            NASA is revising the NFS to                         however, these changes to the NFS do
                                                     Sections of the NFS are being revised                implement revisions to the voucher                    not impose additional information
                                                  to implement changes to NASA’s                          submittal and payment process. These                  collection requirements to the
                                                  voucher submission and payment                          revisions are necessary due to section                paperwork burden previously approved
                                                  process. Specifically, NASA is—                         893 of the National Defense                           under OMB Control Number 9000–0070,
                                                     • Deleting the outdated clause                       Authorization Act for Fiscal Year 2016                entitled Payments—FAR Sections
                                                  prescription at NFS 1816.307–70(e) and                  (Pub. L. 114–92) prohibiting DCAA from                Affected: 52.232–1 thru 52.232–4 and
                                                  associated clause at NFS 1852.216–87                    performing audit work for non-Defense                 52.232–6 thru 52.232–11.
                                                  relating to the submission of vouchers                  Agencies.
                                                  for payment;                                              The objective of this rule is to remove             VI. Determination To Issue an Interim
                                                     • Establishing a new clause                          the outdated NFS payment clause and                   Rule
                                                  prescription at NFS 1832.908–70 and                     associated prescription relative to the
                                                                                                          NASA voucher submittal and payment                      A determination has been made under
                                                  associated clause at 1852.232–80
                                                                                                          process and replace with a new clause                 the authority of the Administrator of the
                                                  relative to the submission of vouchers
                                                                                                          that will revamp NASA’s cost voucher                  National Aeronautics and Space
                                                  for payment that reflects electronic
                                                  submittal of vouchers and NASA                          submission and payment process to                     Administration that urgent and
                                                  resources processing these payment                      ensure the continued prompt payment                   compelling reasons exist to promulgate
                                                  requests versus DCAA;                                   to its suppliers. The revision will also              this interim rule without prior
                                                     • Deleting NFS section 1842.7101(a)                  minimize cost voucher submission and                  opportunity for public comment. This
                                                  and (b) because DCAA is no longer                       payment delays to NASA suppliers as                   action to revise the submission of
                                                  processing vouchers for NASA; thus this                 well the potential accrual of                         vouchers for payment process is
                                                  guidance is no longer needed; and                       Government interest payments to                       necessary to avert the rejection of
                                                     • Deleting NFS section 1842.7101(c)                  contractors.                                          contractor payment requests and
                                                  because the requirement of submitting                     This rule would apply to contractor                 potential payment delays, which will
                                                  additional hard copies of Standard Form                 requests for payment under cost                       result in annual cost avoidance to the
                                                  1034 and Standard Form 1035A to the                     reimbursement contracts. An analysis of               Government of approximately $383,000.
                                                  General Services Administration (GSA)                   data in the Federal Procurement Data                  In addition, we anticipate the
                                                  is no longer required. This outdated                    System (FPDS) revealed that cost                      Government potentially avoiding
                                                  process is being replaced by electronic                 reimbursement contracts are primarily                 approximately $134,000 in late payment
                                                  submissions.                                            awarded to large businesses. FPDS data
                                                                                                                                                                interest charges.
                                                                                                          compiled over the past three fiscal years
                                                  III. Executive Orders 12866 and 13563                   (FY2013 through FY2015) showed an                       Section 893 of the National Defense
                                                     Executive Orders (E.O.s) 12866 and                   average of 311 active cost                            Authorization Act for Fiscal Year 2016
                                                  13563 direct agencies to assess all costs               reimbursement NASA contracts, of                      prohibits the Defense Contract Audit
                                                  and benefits of available regulatory                    which 141 (approximately 45%) were                    Agency (DCAA) from performing audit
                                                  alternatives and, if regulation is                      awarded to small businesses. However,                 work for non-Defense Agencies. NASA
                                                  necessary, to select regulatory                         there is no significant economic or                   had delegated to DCAA the task of
                                                  approaches that maximize net benefits                   administrative cost impact to small or                reviewing contractor requests for
                                                  (including potential economic,                          large businesses because the rule will                payment under our cost type contracts.
                                                  environmental, public health and safety                 have a positive benefit in the way of                 This interim rule is needed to ensure
                                                  effects, distributive impacts, and                      fewer voucher rejections, rework, and                 that contractors have the correct
                                                  equity). E.O. 13563 emphasizes the                      payment delays. The rule does not                     procedures for submitting vouchers for
                                                  importance of quantifying both costs                    contain additional reporting                          payment. The existing contract payment
                                                  and benefits, of reducing costs, of                     requirements, recordkeeping, or other                 clause has submittal of vouchers to
                                                  harmonizing rules, and of promoting                     compliance requirements.                              DCAA for review, however, DCAA is no
                                                  flexibility. This is not a significant                    The rule does not duplicate, overlap,               longer reviewing and approving
                                                  regulatory action and, therefore, was not               or conflict with any other Federal rules.             contractor payment requests for NASA.
                                                  subject to review under section 6(b) of                 No alternative approaches were                        Furthermore, if contractors continue to
                                                  E.O. 12866, Regulatory Planning and                     considered, because this approach will                submit payment requests to DCAA,
                                                  Review, dated September 30, 1993. This                  have minimal impact on small entities.                DCAA will reject them causing a delay
                                                  rule is not a major rule under 5 U.S.C.                   NASA invites comments from small                    in contractor payments. In turn, this
                                                  804.                                                    business concerns and other interested
                                                                                                                                                                will cause additional effort for
                                                                                                          parties on the expected impact of this
                                                  IV. Regulatory Flexibility Act                                                                                contractors to rework and resubmit the
                                                                                                          rule on small entities. NASA will also
                                                     NASA does not expect this interim                                                                          voucher for payment. Immediate
                                                                                                          consider comments from small entities
                                                  rule to have a significant economic                                                                           implementation of this rule will prevent
                                                                                                          concerning the existing regulations in
                                                  impact on a substantial number of small                                                                       unnecessary rework and resubmission
                                                                                                          subparts affected by this rule in
                                                  entities within the meaning of the                      accordance with 5 U.S.C. 610. Interested              of payment requests by the contractor
                                                  Regulatory Flexibility Act, 5 U.S.C. 601,               parties must submit such comments                     and preclude delayed payments
                                                  et seq., because the guidance will not                  separately and should cite 5 U.S.C. 610               resulting in annual cost avoidance of
                                                  create additional burden to the                         (NFS Case 2016–N025), in                              approximately $383,000. This interim
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  contractor but rather the rule is                       correspondence.                                       rule ensures prompt awareness of and
                                                  intended to update the current voucher                                                                        compliance by contractors with the new
                                                  submission process at NASA, which                       V. Paperwork Reduction Act                            submission of vouchers procedures.
                                                  will result in fewer voucher rejections,                  The rule contains information                       However, pursuant to 41 U.S.C. 1707
                                                  rework, and payment delays. However,                    collection requirements that require the              and FAR 1.501–3(b), NASA will
                                                  an initial regulatory flexibility analysis              approval of the Office of Management                  consider public comments received in
                                                  has been performed and is summarized                    and Budget under the Paperwork                        response to this interim rule in the
                                                  as follows:                                             Reduction Act (44 U.S.C. chapter 35);                 formation of the final rule.


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                                                               Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations                                              63145

                                                  List of Subjects in 48 CFR Parts 1816,                  Submission of Vouchers for Payment (Sep               Contractor shall meet the requirements of the
                                                  1832, 1842, and 1852                                    2016)                                                 appropriate payment clauses in this contract
                                                                                                             (a) The designated payment office is the           when submitting payment requests.
                                                      Government procurement.                             NASA Shared Services Center (NSSC)                       (g) In the event that amounts are withheld
                                                                                                          located at FMD Accounts Payable, Bldg.                from payment in accordance with provisions
                                                  Manuel Quinones,                                                                                              of this contract, a separate payment request
                                                                                                          1111, Jerry Hlass Road, Stennis Space Center,
                                                  NASA FAR Supplement Manager.                            MS 39529.                                             for the amount withheld will be required
                                                                                                             (b) Except for classified vouchers, the            before payment for that amount may be
                                                    Accordingly, 48 CFR parts 1816, 1832,
                                                                                                          Contractor shall submit all vouchers                  made.
                                                  1842, and 1852 are amended as follows:
                                                                                                          electronically using the steps described at           (End of clause)
                                                  ■ 1. The authority citation for parts                   NSSC’s Vendor Payment information Web
                                                  1816, 1832, and 1852 continues to read                  site at: https://www.nssc.nasa.gov/                   [FR Doc. 2016–22046 Filed 9–13–16; 8:45 am]
                                                  as follows:                                             vendorpayment. Please contact the NSSC                BILLING CODE 7510–13–P
                                                                                                          Customer Contact Center at 1–877–NSSC123
                                                    Authority: 51 U.S.C. 20113(a) and 48 CFR              (1–877–677–2123) with any additional
                                                  chapter 1.                                              questions or comments.
                                                                                                             (c) Payment requests. (1) The payment
                                                                                                                                                                DEPARTMENT OF COMMERCE
                                                  PART 1816—TYPES OF CONTRACTS                            periods designated in the payment clause(s)
                                                                                                          contained in this contract will begin on the          National Oceanic and Atmospheric
                                                  1816.307–70      [Amended]                              date a proper request for payment is received         Administration
                                                  ■ 2. Amend section 1816.307–70 by                       by the NSSC payment office specified in
                                                  removing and reserving paragraph (e).                   paragraphs (a) and (b) of this section.               50 CFR Part 665
                                                                                                          Vouchers shall be prepared in accordance
                                                                                                          with the guidance provided by the NSSC at             [Docket No. 151023986–6763–02]
                                                  PART 1832—CONTRACT FINANCING
                                                                                                          the following Web site: https://                      RIN 0648–XE284
                                                                                                          answers.nssc.nasa.gov/app/answers/detail/a_
                                                  ■ 3. Add subpart 1832.9 to read as                      id/6643.
                                                  follows:                                                                                                      Pacific Island Pelagic Fisheries; 2016
                                                                                                             (2) Vouchers shall include the items               U.S. Territorial Longline Bigeye Tuna
                                                  Subpart 1832.9—Prompt Payment                           delineated in FAR 32.905(b) supported by
                                                                                                          relevant back-up documentation. Back-up               Catch Limits
                                                  Sec.                                                    documentation shall include at a minimum,
                                                  1832.908 Contract clauses.                                                                                    AGENCY:  National Marine Fisheries
                                                                                                          the following information:
                                                  1832.908–70 Submission of Vouchers.                                                                           Service (NMFS), National Oceanic and
                                                                                                             (i) Breakdown of billed labor costs and
                                                                                                          associated contractor generated supporting            Atmospheric Administration (NOAA),
                                                  Subpart 1832.9—Prompt Payment                           documentation for billed direct labor costs to        Commerce.
                                                                                                          include rates used and number of hours                ACTION: Final specifications.
                                                  1832.908    Contract clauses.                           incurred.
                                                  1832.908–70      Submission of Vouchers.
                                                                                                             (ii) Breakdown of billed other direct costs        SUMMARY:    In this final rule, NMFS
                                                                                                          (ODCs) and associated contractor generated            specifies a 2016 limit of 2,000 mt of
                                                     Insert clause 1852.232–80,                           supporting documentation for billed ODCs.             longline-caught bigeye tuna for each
                                                  Submission of Vouchers for Payment, in                     (iii) Indirect rate(s) used to calculate the
                                                                                                                                                                U.S. participating territory (American
                                                  all cost-reimbursement solicitations and                amount of billed indirect expenses.
                                                                                                             (d) Non-electronic payment. The                    Samoa, Guam, and the Northern
                                                  contracts.                                                                                                    Mariana Islands). NMFS will allow each
                                                                                                          Contractor may submit a voucher using other
                                                                                                          than the steps described at NSSC’s Vendor             territory to allocate up to 1,000 mt each
                                                  PART 1842—CONTRACT
                                                                                                          Payment information through any of the                year to U.S. longline fishing vessels in
                                                  ADMINISTRATION AND AUDIT                                means described at https://                           a valid specified fishing agreement. As
                                                  SERVICES                                                www.nssc.nasa.gov/vendorpayment, if any of            an accountability measure, NMFS will
                                                                                                          the following conditions are met:                     monitor, attribute, and restrict (if
                                                  ■  4. The authority citation for part 1842                 (1) The Contracting Officer administering
                                                  is revised to read as follows:                          the contract for payment has determined, in           necessary), catches of longline-caught
                                                                                                          writing, that electronic submission would be          bigeye tuna, including catches made
                                                    Authority: 51 U.S.C. 20113(a) and 48 CFR                                                                    under a specified fishing agreement.
                                                                                                          unduly burdensome to the Contractor. In
                                                  chapter 1.                                                                                                    These catch limits and accountability
                                                                                                          such cases, the Contractor shall include a
                                                                                                          copy of the Contracting Officer’s                     measures support the long-term
                                                  Subpart 1842.71 [Removed and                            determination with each request for payment
                                                  Reserved]                                                                                                     sustainability of fishery resources of the
                                                                                                          when the Government-wide commercial                   U.S. Pacific Islands and fisheries
                                                                                                          purchase card is used as the method of
                                                  ■ 5. Remove and reserve subpart                         payment.
                                                                                                                                                                development in the U.S. territories.
                                                  1842.71.                                                   (2) The contract includes provision                DATES: The final specifications are
                                                                                                          allowing the contractor to submit vouchers            effective September 9, 2016, through
                                                  PART 1852—SOLICITATION                                  using other than the steps prescribed at              December 31, 2016. The deadline to
                                                  PROVISIONS AND CONTRACT                                 NSSC’s Vendor Payment information Web                 submit a specified fishing agreement
                                                  CLAUSES                                                 site. In such instances, the Contractor agrees        pursuant to 50 CFR 665.819(b)(3) for
                                                                                                          to submit non-electronic payment requests
                                                                                                          using the method or methods specified in
                                                                                                                                                                review is October 11, 2016.
                                                  1852.216–87      [Removed and Reserved]
                                                                                                          Section G of the contract.                            ADDRESSES: Copies of the Fishery
                                                  ■ 6. Remove and reserve section                            (e) Improper vouchers. The NSSC Payment            Ecosystem Plan for Pelagic Fisheries of
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  1852.216–87.                                            Office will notify the contractor of any              the Western Pacific (Pelagic FEP) are
                                                                                                          apparent error, defect, or impropriety in a           available from the Western Pacific
                                                  ■ 7. Add section 1852.232–80 to read as
                                                                                                          voucher within seven calendar days of                 Fishery Management Council (Council),
                                                  follows:                                                receipt by the NSSC Payment Office.
                                                                                                          Inquiries regarding requests for payment
                                                                                                                                                                1164 Bishop St., Suite 1400, Honolulu,
                                                  1852.232–80      Submission of Vouchers for                                                                   HI 96813, tel. 808–522–8220, fax 808–
                                                  Payment.                                                should be directed to the NSSC as specified
                                                                                                          in paragraph (b) of this section.                     522–8226, or www.wpcouncil.org.
                                                    As prescribed in 1832.908–70, insert                     (f) Other payment clauses. In addition to             NMFS prepared environmental
                                                  the following clause:                                   the requirements of this clause, the                  analyses that describe the potential


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Document Created: 2016-09-14 02:26:36
Document Modified: 2016-09-14 02:26:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim rule.
DatesEffective: September 14, 2016.
ContactMr. John J. Lopez, NASA HQ, Office of Procurement, Contract and Grant Policy Division, LP-011, 300 E Street SW., Washington, DC 20456-0001. Telephone 202-358-3740; facsimile 202- 358-3082.
FR Citation81 FR 63143 
RIN Number2700-AE34
CFR Citation48 CFR 1816
48 CFR 1832
48 CFR 1842
48 CFR 1852

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