83 FR 30661 - Defense Federal Acquisition Regulation Supplement: Electronic Submission and Processing of Payment Requests and Receiving Reports (DFARS Case 2016-D032)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 83, Issue 126 (June 29, 2018)
Defense Acquisition Regulations System
Federal Register Volume 83, Issue 126 (June 29, 2018)
| Page Range | 30661-30666 | |
| FR Document | 2018-14063 |
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)] [Proposed Rules] [Pages 30661-30666] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14063] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 232, 246, 252, and Appendix F to Chapter 2 [Docket DARS-2018-0037] RIN 0750-AJ44 Defense Federal Acquisition Regulation Supplement: Electronic Submission and Processing of Payment Requests and Receiving Reports (DFARS Case 2016-D032) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify policies and procedures for submission of payment requests and receiving reports in electronic form. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before August 28, 2018, to be considered in the formation of a final rule. ADDRESSES: Submit comments identified by DFARS Case 2016-D032, using any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Search for ``DFARS Case 2016-D032.'' Select ``Comment Now'' and follow the instructions provided to submit a comment. Please include ``DFARS Case 2016-D032'' on any attached documents. Email: [email protected]. Include DFARS Case 2016-D032 in the subject line of the message. Fax: 571-372-6094. Mail: Defense Acquisition Regulations System, Attn: Ms. Jennifer D. Johnson, OUSD (A&S) DPAP/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately 2 to 3 days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, telephone 571-372-6100. SUPPLEMENTARY INFORMATION: I. Background This proposed rule clarifies and, where necessary, updates policies and procedures for providing electronic payment-related documents and for processing payment requests and receiving reports in Wide Area WorkFlow (WAWF). Title 10 of the United States Code (U.S.C.), section 2227, Electronic Submission and Processing of Claims for Contract Payments, requires that any claim for payment under a DoD contract be in electronic format. If electronic submission is unduly burdensome, 10 U.S.C. 2227 allows an exemption. DoD published a final rule in the Federal Register at 77 FR 38731 on June 29, 2012 (DFARS Case 2011- D027), to update DFARS policies and procedures for electronic submission of payment requests and receiving reports and established WAWF as the accepted DoD system for processing invoices and receiving reports. Some contractors have been prevented from using WAWF for some contracts because of a misinterpretation of the exemptions in DFARS subpart 232.70, Electronic Submission and Processing of Payment Requests and Receiving Reports. This proposed rule clarifies those exemptions and allows contractors to request permission from the contracting officer, in writing, to submit payment requests and receiving reports using temporary alternative methods, other than in electronic form. II. Discussion and Analysis DoD is proposing to amend DFARS parts 232, 246, 252, and Appendix F to clarify and, where necessary, update the policies and procedures for electronic submission of payment requests and receiving reports. The following is a summary of the proposed changes: DFARS subpart 232.70, Electronic Submission and Processing of Payment Requests and Receiving Reports. Definitions of the terms ``electronic form,'' ``payment request,'' and ``receiving report'' are inserted in their entirety in lieu of the reference stating that the terms are defined in the clause at DFARS 252.232-7003, Electronic Submission of Payment Requests. The policy on exceptions to submission of payment requests in electronic form is clarified by deleting the current list of exceptions at DFARS 232.7002(a)(ii) and providing a more general exception for cases in which contractor submission of electronic payment requests is not feasible (e.g., when contract performance is in a contingency or austere environment where internet connectivity is not available). This [[Page 30662]] clarification is necessary to ensure that the exceptions at DFARS 232.7002(a)(ii) are not interpreted as prohibitions against use or submission of payment requests in WAWF. The current language at DFARS 232.7002(a)(ii) is clear in that the use of WAWF is required unless access to WAWF by contractors is not feasible. The revised language in this rule does not change that basic policy. In addition, other text is relocated within the subpart in order to separate policy from procedures. DFARS 246.370, Material Inspection and Receiving Report. This section, which contains the prescription for the clause at DFARS 252.246-7000, Material Inspection and Receiving Reports, is deleted, because the clause is being deleted. DFARS 246.471, Authorizing Shipment of Supplies. This section is revised to prevent the use of alternative procedures (e.g., allowing the contractor to release supplies for shipment) for foreign military sales contracts. Use of alternative procedures results in no signed receiving report with the packing list, which delays the shipment significantly and may lead to termination of the contract for convenience. DFARS 252.232-7003, Electronic Submission and Processing of Payment Requests and Receiving Reports. This clause is revised to clarify that a contractor may use methods other than WAWF to submit a payment request and receiving report when the contracting officer has authorized and provided instructions for the use of nonelectronic methods in the contract administration data section of the contract. The requirement for contractors to submit a receiving report at the time of each delivery of supplies or services under a contract is relocated to this clause from DFARS 252.246-7000, which is being deleted. In addition, policy statements are removed from the definition of ``electronic form;'' and in the definition of ``receiving report,'' a reference to the deleted clause 252.246-7000 is replaced with a reference to DFARS Appendix F, Material Inspection and Receiving Report. DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions. This clause is revised to clarify the type of payment request to be used for cost-type line items, fixed-price line items, and various contract financing payments. The use of the WAWF ``combo'' document type and the use of Department of Defense Activity Address Codes are also clarified. The requirement to ensure a receiving report complies with DFARS Appendix F is relocated to this clause from DFARS 252.246-7000, which is being deleted. DFARS 252.246-7000, Material Inspection and Receiving Report. This clause is deleted in its entirety because its procedures predate the WAWF automated procedures and processes. Therefore, much of this clause is now obsolete. The relevant text has been relocated to DFARS 252.232-7003, Electronic Submission and Processing of Payment Requests and Receiving Reports. Appendix F: Material Inspection and Receiving Report. This appendix is revised to remove a reference to the deleted clause 242.246-7000, to clarify the requirement to enter unit prices on WAWF receiving reports, and to include the requirement to enter estimated prices for foreign military sales shipments if actual prices are not available. Invoice submission and packing list instructions are also clarified. III. Applicability to Contracts at or Below the Simplified Acquisition Threshold (SAT) and for Commercial Items, Including Commercially Available Off-the-Shelf (COTS) Items This rule proposes to amend the clauses at DFARS 252.232-7003, Electronic Submission and Processing of Payment Requests and Receiving Reports, and 252.232-7006, Wide Area WorkFlow Payment Instructions. The objective of the rule is to clarify and, where necessary, update the policies and procedures for electronic submission of payment requests and receiving reports and amends the two clauses listed below. DoD plans to continue to apply both clauses to contracts at or below the SAT and to the acquisition of commercial items, including COTS items, as defined at FAR 2.101. This rule clarifies and updates policies and procedures for electronic submission of payment requests and receiving reports. Not applying this guidance to contracts at or below the SAT and for the acquisition of commercial items, including COTS items, would exclude contracts intended to be covered by this rule and undermine the overarching purpose of the rule. Consequently, DoD plans to apply the rule to contracts at or below the SAT and for the acquisition of commercial items, including COTS items. IV. 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, 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. V. Executive Order 13771 This rule is not an E.O. 13771, Reducing Regulation and Controlling Regulatory Costs, regulatory action, because this rule is not significant under E.O. 12866. VI. Regulatory Flexibility Act DoD does not expect this proposed 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 basic requirement for electronic invoicing (a statutory requirement under 10 U.S.C. 2227) already exists. However, an initial regulatory flexibility analysis has been performed. The objective of the rule is to clarify and, where necessary, update policies and procedures for submission of payment requests and receiving reports in electronic form, which is accomplished through Wide Area WorkFlow (WAWF). The requirement for DoD contractors to submit payment requests in electronic form is already a requirement in existing DFARS clauses. This rule clarifies the exemptions in DFARS subpart 232.70, Electronic Submission and Processing of Payment Requests and Receiving Reports. In fiscal year 2016, approximately 71,910 small businesses were registered to use WAWF. This rule allows contractors to request permission, in writing, to submit payment requests and receiving reports using methods other than WAWF. Most small businesses that are DoD contractors are expected to prefer WAWF over other methods because of the advantages of using WAWF. Therefore, DoD estimates that approximately 70 small businesses may submit, on an annual basis, one request each for use of a temporary alternative method of submission of payment requests and receiving reports. The rule does not duplicate, overlap, or conflict with any other Federal rules. There are no known significant [[Page 30663]] alternative approaches to the rule that would meet the requirements. DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD 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 (DFARS Case 2016- D032), in correspondence. VIII. Paperwork Reduction Act The paperwork Reduction Act (44 U.S.C. chapter 35) does apply; however, these proposed changes to the DFARS do not impose additional information collection requirements to the paperwork burden previously approved under Office of Management and Budget (OMB) Control Number 0704-0248, Defense Federal Acquisition Regulation Supplement, Appendix F, Inspection and Receiving Report. List of Subjects in 48 CFR Parts 232, 246, 252, and Appendix F to Chapter 2 Government procurement. Amy G. Williams, Deputy, Defense Acquisition Regulations System. Therefore, 48 CFR parts 232, 246, 252, and appendix F to chapter 2 are proposed to be amended as follows: 0 1. The authority citation for parts 232, 246, 252, and appendix F to chapter 2 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 232--CONTRACT FINANCING 0 2. Revise section 232.7001 to read as follows: 232.7001 Definitions. As used in this subpart-- Electronic form means any automated system that transmits information electronically from the initiating system to affected systems. Payment request means any request for contract financing payment or invoice payment submitted by the contractor under a contract or task or delivery order. Receiving report means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the DFARS. 0 3. Revise section 232.7002 to read as follows: 232.7002 Policy. (a) Payment requests and receiving reports are required to be submitted in electronic form, except for-- (1) Classified contracts or purchases when electronic submission and processing of payment requests and receiving reports could compromise the safeguarding of classified information or national security; (2) Cases in which contractor submission of electronic payment requests and receiving reports is not feasible (e.g., when contract performance is in an environment where internet connectivity is not available); (3) Cases in which DoD is unable to receive payment requests or provide acceptance in electronic form; (4) Cases in which [the contractor has requested permission in writing to submit payment requests and receiving reports by nonelectronic means, and] the contracting officer [has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of the contract or task or delivery order (e.g., section G, an addendum to FAR 52.212-4, or applicable clause); and (5) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required. (b)(1) The only acceptable electronic form for submission of payment requests and receiving reports is Wide Area WorkFlow (https://wawf.eb.mil/), except as follows: (i) For payment of commercial transportation services provided under a Government rate tender, contract, or task or delivery order for transportation services, the use of a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System) is permitted. (ii) For submitting and processing payment requests and receiving reports for contracts or task or delivery orders for rendered health care services, the use of TRICARE Encounter Data System as the electronic form is permitted. (2) Facsimile, email, and scanned documents are not acceptable electronic forms of payment requests or receiving reports. 0 4. Revise section 232.7003 to read as follows: 232.7003 Procedures. (a) DoD officials receiving payment requests in electronic form shall process the payment requests in electronic form. The WAWF system provides the method to electronically process payment requests and receiving reports. (1) Documents necessary for payment, such as receiving reports, invoice approvals, contracts, contract modifications, and required certifications, shall also be processed in electronic form. (2) Scanned documents and other commonly used file formats are only acceptable for processing supporting documentation. (b) If one of the exceptions to submission in electronic form at 232.7002(a) applies, the contracting officer shall-- (1) Consult the payment office and the contract administration office regarding the alternative method to be used for submission of payment requests or receiving reports (e.g., facsimile or conventional mail); and (2) Provide procedures for invoicing in the contract administration data section of the contract or task or delivery order (e.g., section G, an addendum to FAR 52.212-4, or applicable clause) for submission of invoices by nonelectronic means. If submission of invoices by nonelectronic means is temporary, the procedures should specify the time period for which they apply. 0 5. Revise section 232.7004 to read as follows: 232.7004 Contract clauses. (a) Unless an exception to submission in electronic form at 232.7002(a) applies and instructions for invoices are contained in the contract administration data section of the contract or task or delivery order, use the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. (b) Use the clause at 252.232-7006, Wide Area WorkFlow Payment Instructions, in solicitations and contracts or task or delivery orders, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, when 252.232-7003 is used and none of the exceptions at 232.7002(b)(1) apply. See PGI 232.7004 for instructions on completing the clause. PART 246--QUALITY ASSURANCE 246.370 [Removed] 0 6. Remove section 246.370. [[Page 30664]] 246.371 [Redesignated as 246.370 and Amended] 0 6. Redesignate section 246.371 as section 246.370 and remove ``PGI 246.371'' and add ``PGI 246.370'' in its place. 0 7. Amend section 246.471 by-- 0 a. Redesignating paragraphs (b)(2) and (3) as paragraphs (b)(3) and (4); 0 b. In the newly redesignated paragraph (b)(3), removing ``paragraph (b)(1)'' and adding ``paragraph (b)(2)'' in its place. 0 c. Redesignating paragraph (b)(1) as paragraph (b)(2); and 0 d. Adding a new paragraph (b)(1) to read as follows: 246.471 Authorizing shipment of supplies. * * * * * (b) * * * (1) For foreign military sales (FMS) contracts, do not use alternative procedures. * * * * * PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 8. Revise section 252.232-7003 to read as follows: 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. As prescribed in 232.7004(a), use the following clause: Electronic Submission of Payment Requests and Receiving Reports (Date) (a) Definitions. As used in this clause-- Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation. Electronic form means any automated system that transmits information electronically from the initiating system to affected systems. Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order. Receiving report means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement. (b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order. (c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats-- (1) Electronic Data Interchange; (2) Secure File Transfer Protocol; or (3) Direct input through the WAWF website. (d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when-- (1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order; (2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System); (3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or (4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required. (e) Information regarding WAWF is available at https://wawf.eb.mil/. (f) 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. (End of clause) 0 9. Amend section 252.232-7006 by-- 0 a. Removing the clause date of ``(MAY 2013)'' and adding ``(DATE)'' in its place; 0 b. In paragraph (b), removing ``system is'' and ``DFARS 252.232-7003'' and adding ``system provides'' and ``Defense Federal Acquisition Regulation System (DFARS) 252.232-7003'', in their place, respectively; 0 c. In paragraph (c)(1), removing ``https://www.acquisition.gov'' and adding ``https://www.sam.gov'' in its place; 0 d. Revising paragraph (f); and 0 e. Revising paragraph (g)(2). The revisions read as follows: 252.232-7006 Wide Area WorkFlow Payment Instructions. * * * * * (f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order: (1) Document type. The Contractor shall submit payment requests using the following document type(s): (i) For cost-type line items, including labor-hour or time-and- materials, submit a cost voucher. (ii) For fixed price line items-- (A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer; [Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.] (B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer. [Contracting Officer: Insert either ``Invoice 2in1'' or the applicable invoice and receiving report document type(s) for fixed price line items for services.] (iii) For customary progress payments based on costs incurred, submit a progress payment request. (iv) For performance based payments, submit a performance based payment request. (v) For commercial item financing, submit a commercial item financing request. (2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. [Note: The Contractor may use a WAWF ``combo'' document type to create some combinations of invoice and receiving report in one step.] (3) Document routing. The Contractor shall use the information in the Routing Data Table to paragraph (f)(3) only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. [[Page 30665]] Routing Data Table to Paragraph (f)(3) * ------------------------------------------------------------------------ Field name in WAWF Data to be entered in WAWF ------------------------------------------------------------------------ Pay Official DoDAAC ............................... ............................... ------------------------------------------------------------------------ Issue By DoDAAC ............................... ............................... ------------------------------------------------------------------------ Admin DoDAAC ** ............................... ............................... ------------------------------------------------------------------------ Inspect By DoDAAC ............................... ............................... ------------------------------------------------------------------------ Ship To Code ............................... ............................... ------------------------------------------------------------------------ Ship From Code ............................... ............................... ------------------------------------------------------------------------ Mark For Code ............................... ............................... ------------------------------------------------------------------------ Service Approver (DoDAAC) ............................... ............................... ------------------------------------------------------------------------ Service Acceptor (DoDAAC) ............................... ............................... ------------------------------------------------------------------------ Accept at Other DoDAAC ............................... ............................... ------------------------------------------------------------------------ LPO DoDAAC ............................... ............................... ------------------------------------------------------------------------ DCAA Auditor DoDAAC ............................... ............................... ------------------------------------------------------------------------ Other DoDAAC(s) ............................... ------------------------------------------------------------------------ [* Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert ``See Schedule'' or ``Not applicable.''] [** Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).] (4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable. (5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. (g) * * * (2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. * * * * * 252.246-7000 [Removed and Reserved] 0 10. Remove and reserve section 252.246-7000. 0 11. Amend appendix F to chapter 2 as follows: 0 a. In section F-102 by-- 0 i. Redesignating paragraph (c) as paragraph (b); and 0 ii. Removing paragraph (b). 0 b. In section F-301, revising paragraph (b)(18); 0 c. Revising section F-305; 0 d. Revising section F-306; and 0 e. Amending section F-502, by adding to Table 1, a heading to the column on the right to read ``Number of Copies''. The revisions read as follows: F-301 Preparation Instructions * * * * * (b) * * * (18) UNIT PRICE. When using the WAWF RRR, the unit price is the price of the repair, overhaul, or maintenance service from the contract. (i) The contractor may, at its option, enter unit prices on the WAWF RR, except when the contract has Item Unique Identification (IUID) requirements and the receiving report is being processed in WAWF, the unit price must represent the acquisition cost that will be recorded in the IUID registry. Therefore, in such cases, the unit price is required. See DFARS 252.211-7003, Item Unique Identification and Valuation). (ii) The contractor shall enter unit prices for each item of property fabricated or acquired for the Government and delivered to a contractor as Government furnished property (GFP). Get the unit price from Section B of the contract. If the unit price is not available, use an estimate. The estimated price should be the contractor's estimate of what the items cost the Government. When the price is estimated, enter ``Estimated Unit Price'' in the description field. When delivering GFP via WAWF to another contractor, WAWF will initiate a property transfer if the vendor who is initiating the WAWF RR is also registered as a vendor property shipper in WAWF and the vendor receiving the property is also a vendor property receiver in WAWF. (iii) For clothing and textile contracts containing a bailment clause, enter the cited Government furnished property unit value as ``GFP UNIT VALUE'' in the description field. (iv) For all copies of DD Forms 250 for FMS shipments, enter actual prices, if available. If actual prices are not available, use estimated prices. When the price is estimated, enter an ``E'' after the price. * * * * * F-305 Invoice Instructions Contractors shall submit payment requests and receiving reports in accordance with paragraph (b) of the clause at DFARS [[Page 30666]] 252.232-7003 unless one of the exceptions in paragraph (d) of that clause applies. F-306 Packing List Instructions (a) Contractors may use a WAWF processed RR or the WAWF RRR, as a packing list. WAWF provides an option to print the RR or RRR. Contractors can print a RR or RRR from a system other than WAWF if a signed copy is required. In such cases, the contractor shall print the WAWF RR or RRR only after a signature is applied by the Government inspector or authorized acceptor in WAWF. Copies printed from the contractor's system shall be annotated with ``\\original signed in WAWF\\'' in lieu of the inspector or acceptor's signature. Ensure a copy is visible on the outside and one is placed inside the package. (b) If the contract requires Government source inspection and acceptance at origin, the contractor shall ensure that its packaging documentation includes a RR or RRR that documents inspection, acceptance, or both by the Government inspector or authorized acceptor. A paper DD Form 250 may be used in lieu of WAWF generated RRs or RRRs when one of the exceptions in paragraph (d) of the clause at DFARS 252.232-7003 applies. * * * * * [FR Doc. 2018-14063 Filed 6-28-18; 8:45 am] BILLING CODE 5001-06-P
![Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules 30661
proposed rule that would meet the DEPARTMENT OF DEFENSE I. Background
proposed objectives. This proposed rule clarifies and,
Defense Acquisition Regulations
VI. Paperwork Reduction Act where necessary, updates policies and
System
procedures for providing electronic
The rule does not contain any payment-related documents and for
information collection requirements that 48 CFR Parts 232, 246, 252, and
processing payment requests and
require the approval of the Office of Appendix F to Chapter 2
receiving reports in Wide Area
Management and Budget under the WorkFlow (WAWF). Title 10 of the
Paperwork Reduction Act (44 U.S.C. [Docket DARS–2018–0037] United States Code (U.S.C.), section
chapter 35). 2227, Electronic Submission and
RIN 0750–AJ44 Processing of Claims for Contract
List of Subjects in 48 CFR Parts 217 and
Payments, requires that any claim for
252 Defense Federal Acquisition
payment under a DoD contract be in
Regulation Supplement: Electronic
Government procurement. electronic format. If electronic
Submission and Processing of
submission is unduly burdensome, 10
Amy G. Williams, Payment Requests and Receiving
U.S.C. 2227 allows an exemption. DoD
Deputy, Defense Acquisition Regulations Reports (DFARS Case 2016–D032)
published a final rule in the Federal
System. AGENCY: Defense Acquisition Register at 77 FR 38731 on June 29,
Regulations System, Department of 2012 (DFARS Case 2011–D027), to
Therefore, 48 CFR parts 217 and 252
Defense (DoD). update DFARS policies and procedures
are proposed to be amended as follows:
ACTION: Proposed rule. for electronic submission of payment
■ 1. The authority citation for parts 217 requests and receiving reports and
and 252 continues to read as follows: SUMMARY: DoD is proposing to amend established WAWF as the accepted DoD
Authority: 41 U.S.C. 1303 and 48 CFR the Defense Federal Acquisition system for processing invoices and
chapter 1. Regulation Supplement (DFARS) to receiving reports.
clarify policies and procedures for Some contractors have been
PART 217—SPECIAL CONTRACTING submission of payment requests and prevented from using WAWF for some
METHODS receiving reports in electronic form. contracts because of a misinterpretation
DATES: Comments on the proposed rule of the exemptions in DFARS subpart
217.208–70 [Amended] 232.70, Electronic Submission and
should be submitted in writing to the
■ 2. In section 217.208–70, amend address shown below on or before Processing of Payment Requests and
paragraph (b)(1), by removing August 28, 2018, to be considered in the Receiving Reports. This proposed rule
‘‘percentage’’ and adding ‘‘percentage or formation of a final rule. clarifies those exemptions and allows
quantity’’ in its place. contractors to request permission from
ADDRESSES: Submit comments
the contracting officer, in writing, to
identified by DFARS Case 2016–D032,
PART 252—SOLICITATION submit payment requests and receiving
using any of the following methods:
reports using temporary alternative
PROVISIONS AND CONTRACT • Federal eRulemaking Portal: http://
CLAUSES methods, other than in electronic form.
www.regulations.gov. Search for
‘‘DFARS Case 2016–D032.’’ Select II. Discussion and Analysis
■ 3. Amend section 252.217–7001 by— ‘‘Comment Now’’ and follow the DoD is proposing to amend DFARS
■ a. Removing the clause date of ‘‘(AUG instructions provided to submit a parts 232, 246, 252, and Appendix F to
1992)’’ and adding ‘‘(DATE)’’ in its comment. Please include ‘‘DFARS Case clarify and, where necessary, update the
place; 2016–D032’’ on any attached policies and procedures for electronic
■ b. Revising paragraph (a)(1); documents. submission of payment requests and
• Email: osd.dfars@mail.mil. Include receiving reports. The following is a
■ c. In paragraph (b)(1), removing
DFARS Case 2016–D032 in the subject summary of the proposed changes:
‘‘Production Surge Plan (DI–MGMT)’’ line of the message.
and adding ‘‘(Capabilities Analysis Plan • DFARS subpart 232.70, Electronic
• Fax: 571–372–6094. Submission and Processing of Payment
(CAP)’’ in its place; and • Mail: Defense Acquisition Requests and Receiving Reports.
■ d. In paragraph (b)(2), removing Regulations System, Attn: Ms. Jennifer Definitions of the terms ‘‘electronic
‘‘Production Surge Plan’’ and adding D. Johnson, OUSD (A&S) DPAP/DARS, form,’’ ‘‘payment request,’’ and
‘‘CAP’’ in its place. Room 3B941, 3060 Defense Pentagon, ‘‘receiving report’’ are inserted in their
The revision reads as follows: Washington, DC 20301–3060. entirety in lieu of the reference stating
Comments received generally will be that the terms are defined in the clause
252.217–7001 Surge Option. posted without change to http:// at DFARS 252.232–7003, Electronic
* * * * * www.regulations.gov, including any Submission of Payment Requests. The
personal information provided. To policy on exceptions to submission of
(a) * * *
confirm receipt of your comment(s), payment requests in electronic form is
(1) Increase the quantity of supplies or please check www.regulations.gov, clarified by deleting the current list of
sradovich on DSK3GMQ082PROD with PROPOSALS
services called for under this contract by approximately 2 to 3 days after
no more than ll percent or ll exceptions at DFARS 232.7002(a)(ii) and
submission to verify posting (except providing a more general exception for
[insert quantity and description of allow 30 days for posting of comments
services or supplies to be increased]; cases in which contractor submission of
submitted by mail). electronic payment requests is not
and/or FOR FURTHER INFORMATION CONTACT: Ms. feasible (e.g., when contract
* * * * * Jennifer D. Johnson, telephone 571– performance is in a contingency or
[FR Doc. 2018–14040 Filed 6–28–18; 8:45 am] 372–6100. austere environment where internet
BILLING CODE 5001–06–P SUPPLEMENTARY INFORMATION: connectivity is not available). This
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alternative approaches to the rule that 232.7002 Policy. the payment requests in electronic form.
would meet the requirements. (a) Payment requests and receiving The WAWF system provides the method
DoD invites comments from small reports are required to be submitted in to electronically process payment
business concerns and other interested electronic form, except for— requests and receiving reports.
parties on the expected impact of this (1) Classified contracts or purchases (1) Documents necessary for payment,
rule on small entities. DoD will also when electronic submission and such as receiving reports, invoice
consider comments from small entities processing of payment requests and approvals, contracts, contract
concerning the existing regulations in receiving reports could compromise the modifications, and required
subparts affected by this rule in safeguarding of classified information or certifications, shall also be processed in
accordance with 5 U.S.C. 610. Interested national security; electronic form.
parties must submit such comments (2) Cases in which contractor
(2) Scanned documents and other
separately and should cite 5 U.S.C. 610 submission of electronic payment
commonly used file formats are only
(DFARS Case 2016–D032), in requests and receiving reports is not
acceptable for processing supporting
correspondence. feasible (e.g., when contract
documentation.
performance is in an environment
VIII. Paperwork Reduction Act where internet connectivity is not (b) If one of the exceptions to
available); submission in electronic form at
The paperwork Reduction Act (44 232.7002(a) applies, the contracting
U.S.C. chapter 35) does apply; however, (3) Cases in which DoD is unable to
receive payment requests or provide officer shall—
these proposed changes to the DFARS
do not impose additional information acceptance in electronic form; (1) Consult the payment office and the
collection requirements to the (4) Cases in which [the contractor has contract administration office regarding
paperwork burden previously approved requested permission in writing to the alternative method to be used for
under Office of Management and Budget submit payment requests and receiving submission of payment requests or
(OMB) Control Number 0704–0248, reports by nonelectronic means, and] receiving reports (e.g., facsimile or
Defense Federal Acquisition Regulation the contracting officer [has provided conventional mail); and
Supplement, Appendix F, Inspection instructions for a temporary alternative (2) Provide procedures for invoicing
and Receiving Report. method of submission of payment in the contract administration data
requests and receiving reports in the section of the contract or task or
List of Subjects in 48 CFR Parts 232, contract administration data section of delivery order (e.g., section G, an
246, 252, and Appendix F to Chapter 2 the contract or task or delivery order addendum to FAR 52.212–4, or
(e.g., section G, an addendum to FAR applicable clause) for submission of
Government procurement.
52.212–4, or applicable clause); and invoices by nonelectronic means. If
Amy G. Williams, (5) When the Governmentwide submission of invoices by nonelectronic
Deputy, Defense Acquisition Regulations
commercial purchase card is used as the means is temporary, the procedures
System. method of payment, only submission of should specify the time period for
the receiving report in electronic form is which they apply.
Therefore, 48 CFR parts 232, 246, 252, required.
■ 5. Revise section 232.7004 to read as
and appendix F to chapter 2 are (b)(1) The only acceptable electronic
proposed to be amended as follows: follows:
form for submission of payment
■ 1. The authority citation for parts 232, requests and receiving reports is Wide 232.7004 Contract clauses.
246, 252, and appendix F to chapter 2 Area WorkFlow (https://wawf.eb.mil/),
(a) Unless an exception to submission
continues to read as follows: except as follows:
(i) For payment of commercial in electronic form at 232.7002(a) applies
Authority: 41 U.S.C. 1303 and 48 CFR transportation services provided under a and instructions for invoices are
chapter 1.
Government rate tender, contract, or contained in the contract administration
task or delivery order for transportation data section of the contract or task or
PART 232—CONTRACT FINANCING delivery order, use the clause at
services, the use of a DoD-approved
electronic third party payment system 252.232–7003, Electronic Submission of
■ 2. Revise section 232.7001 to read as
or other exempted vendor payment/ Payment Requests and Receiving
follows:
invoicing system (e.g., PowerTrack, Reports, in solicitations and contracts,
232.7001 Definitions. Transportation Financial Management including solicitations and contracts
As used in this subpart— System, and Cargo and Billing System) using FAR part 12 procedures for the
is permitted. acquisition of commercial items.
Electronic form means any automated
system that transmits information (ii) For submitting and processing (b) Use the clause at 252.232–7006,
electronically from the initiating system payment requests and receiving reports Wide Area WorkFlow Payment
to affected systems. for contracts or task or delivery orders Instructions, in solicitations and
for rendered health care services, the contracts or task or delivery orders,
Payment request means any request
use of TRICARE Encounter Data System including solicitations and contracts
for contract financing payment or
as the electronic form is permitted. using FAR part 12 procedures for the
invoice payment submitted by the
(2) Facsimile, email, and scanned acquisition of commercial items, when
contractor under a contract or task or
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documents are not acceptable electronic 252.232–7003 is used and none of the
delivery order.
forms of payment requests or receiving exceptions at 232.7002(b)(1) apply. See
Receiving report means the data reports. PGI 232.7004 for instructions on
prepared in the manner and to the ■ 4. Revise section 232.7003 to read as completing the clause.
extent required by Appendix F, Material follows:
Inspection and Receiving Report, of the PART 246—QUALITY ASSURANCE
DFARS. 232.7003 Procedures.
■ 3. Revise section 232.7002 to read as (a) DoD officials receiving payment 246.370 [Removed]
follows: requests in electronic form shall process ■ 6. Remove section 246.370.
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![30664 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules
246.371 [Redesignated as 246.370 and services under this contract or task or 252.232–7006 Wide Area WorkFlow
Amended] delivery order. Payment Instructions.
■ 6. Redesignate section 246.371 as (c) Submit payment requests and receiving * * * * *
section 246.370 and remove ‘‘PGI reports to WAWF in one of the following
(f) WAWF payment instructions. The
electronic formats—
246.371’’ and add ‘‘PGI 246.370’’ in its Contractor shall use the following
(1) Electronic Data Interchange;
place. (2) Secure File Transfer Protocol; or information when submitting payment
■ 7. Amend section 246.471 by— (3) Direct input through the WAWF requests and receiving reports in WAWF
■ a. Redesignating paragraphs (b)(2) and website. for this contract or task or delivery
(3) as paragraphs (b)(3) and (4); (d) The Contractor may submit a payment order:
■ b. In the newly redesignated request and receiving report using methods (1) Document type. The Contractor
paragraph (b)(3), removing ‘‘paragraph other than WAWF only when— shall submit payment requests using the
(b)(1)’’ and adding ‘‘paragraph (b)(2)’’ in (1) The Contractor has requested following document type(s):
its place. permission in writing to do so, and the
(i) For cost-type line items, including
■ c. Redesignating paragraph (b)(1) as Contracting Officer has provided instructions
for a temporary alternative method of labor-hour or time-and-materials,
paragraph (b)(2); and submit a cost voucher.
submission of payment requests and
■ d. Adding a new paragraph (b)(1) to (ii) For fixed price line items—
receiving reports in the contract
read as follows: administration data section of this contract or (A) That require shipment of a
246.471 Authorizing shipment of supplies. task or delivery order; deliverable, submit the invoice and
(2) DoD makes payment for commercial receiving report specified by the
* * * * * transportation services provided under a
(b) * * * Contracting Officer;
Government rate tender or a contract for
(1) For foreign military sales (FMS) transportation services using a DoD-approved [Contracting Officer: Insert applicable
contracts, do not use alternative electronic third party payment system or invoice and receiving report document
procedures. other exempted vendor payment/invoicing type(s) for fixed price line items that
* * * * * system (e.g., PowerTrack, Transportation require shipment of a deliverable.]
Financial Management System, and Cargo
and Billing System);
(B) For services that do not require
PART 252—SOLICITATION shipment of a deliverable, submit either
(3) DoD makes payment on a contract or
PROVISIONS AND CONTRACT the Invoice 2in1, which meets the
task or delivery order for rendered health
CLAUSES care services using the TRICARE Encounter requirements for the invoice and
■ 8. Revise section 252.232–7003 to Data System; or receiving report, or the applicable
read as follows: (4) The Governmentwide commercial invoice and receiving report, as
purchase card is used as the method of specified by the Contracting Officer.
252.232–7003 Electronic Submission of payment, in which case submission of only
Payment Requests and Receiving Reports. the receiving report in WAWF is required. [Contracting Officer: Insert either
(e) Information regarding WAWF is ‘‘Invoice 2in1’’ or the applicable invoice
As prescribed in 232.7004(a), use the available at https://wawf.eb.mil/. and receiving report document type(s)
following clause: (f) In addition to the requirements of this for fixed price line items for services.]
Electronic Submission of Payment Requests clause, the Contractor shall meet the (iii) For customary progress payments
and Receiving Reports (Date) requirements of the appropriate payment
clauses in this contract when submitting
based on costs incurred, submit a
(a) Definitions. As used in this clause— progress payment request.
payment requests.
Contract financing payment and invoice (iv) For performance based payments,
payment have the meanings given in section submit a performance based payment
32.001 of the Federal Acquisition Regulation.
(End of clause)
■ 9. Amend section 252.232–7006 by—
request.
Electronic form means any automated
system that transmits information
(v) For commercial item financing,
■ a. Removing the clause date of ‘‘(MAY
electronically from the initiating system to submit a commercial item financing
2013)’’ and adding ‘‘(DATE)’’ in its request.
affected systems. place;
Payment request means any request for (2) Fast Pay requests are only
contract financing payment or invoice ■ b. In paragraph (b), removing ‘‘system permitted when Federal Acquisition
payment submitted by the Contractor under is’’ and ‘‘DFARS 252.232–7003’’ and Regulation (FAR) 52.213–1 is included
this contract or task or delivery order. adding ‘‘system provides’’ and ‘‘Defense in the contract.
Receiving report means the data prepared Federal Acquisition Regulation System
in the manner and to the extent required by (DFARS) 252.232–7003’’, in their place, [Note: The Contractor may use a WAWF
Appendix F, Material Inspection and respectively; ‘‘combo’’ document type to create some
Receiving Report, of the Defense Federal combinations of invoice and receiving
Acquisition Regulation Supplement. ■ c. In paragraph (c)(1), removing
report in one step.]
(b) Except as provided in paragraph (d) of ‘‘https://www.acquisition.gov’’ and
adding ‘‘https://www.sam.gov’’ in its (3) Document routing. The Contractor
this clause, the Contractor shall submit
payment requests and receiving reports in place; shall use the information in the Routing
electronic form using Wide Area WorkFlow Data Table to paragraph (f)(3) only to fill
■ d. Revising paragraph (f); and
(WAWF). The Contractor shall prepare and in applicable fields in WAWF when
furnish to the Government a receiving report ■ e. Revising paragraph (g)(2). creating payment requests and receiving
at the time of each delivery of supplies or The revisions read as follows: reports in the system.
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ROUTING DATA TABLE TO PARAGRAPH (f)(3) *
Field name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
Issue By DoDAAC
Admin DoDAAC **
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
[* Contracting Officer: Insert applicable ■ 11. Amend appendix F to chapter 2 as (ii) The contractor shall enter unit prices
DoDAAC information. If multiple ship follows: for each item of property fabricated or
to/acceptance locations apply, insert ■ a. In section F–102 by— acquired for the Government and delivered to
■ i. Redesignating paragraph (c) as a contractor as Government furnished
‘‘See Schedule’’ or ‘‘Not applicable.’’] property (GFP). Get the unit price from
[** Contracting Officer: If the contract paragraph (b); and
Section B of the contract. If the unit price is
■ ii. Removing paragraph (b).
provides for progress payments or not available, use an estimate. The estimated
■ b. In section F–301, revising
performance-based payments, insert the price should be the contractor’s estimate of
paragraph (b)(18); what the items cost the Government. When
DoDAAC for the contract administration ■ c. Revising section F–305;
office assigned the functions under FAR the price is estimated, enter ‘‘Estimated Unit
■ d. Revising section F–306; and Price’’ in the description field. When
42.302(a)(13).] ■ e. Amending section F–502, by adding delivering GFP via WAWF to another
(4) Payment request. The Contractor to Table 1, a heading to the column on contractor, WAWF will initiate a property
shall ensure a payment request includes the right to read ‘‘Number of Copies’’. transfer if the vendor who is initiating the
documentation appropriate to the type The revisions read as follows: WAWF RR is also registered as a vendor
of payment request in accordance with property shipper in WAWF and the vendor
F–301 Preparation Instructions receiving the property is also a vendor
the payment clause, contract financing
clause, or Federal Acquisition * * * * * property receiver in WAWF.
(b) * * * (iii) For clothing and textile contracts
Regulation 52.216–7, Allowable Cost (18) UNIT PRICE. When using the WAWF containing a bailment clause, enter the cited
and Payment, as applicable. RRR, the unit price is the price of the repair, Government furnished property unit value as
(5) Receiving report. The Contractor overhaul, or maintenance service from the ‘‘GFP UNIT VALUE’’ in the description field.
shall ensure a receiving report meets the contract. (iv) For all copies of DD Forms 250 for
requirements of DFARS Appendix F. (i) The contractor may, at its option, enter FMS shipments, enter actual prices, if
sradovich on DSK3GMQ082PROD with PROPOSALS
(g) * * * unit prices on the WAWF RR, except when available. If actual prices are not available,
the contract has Item Unique Identification use estimated prices. When the price is
(2) Contact the WAWF helpdesk at
(IUID) requirements and the receiving report estimated, enter an ‘‘E’’ after the price.
866–618–5988, if assistance is needed.
is being processed in WAWF, the unit price * * * * *
* * * * * must represent the acquisition cost that will
be recorded in the IUID registry. Therefore, F–305 Invoice Instructions
252.246–7000 [Removed and Reserved]
in such cases, the unit price is required. See Contractors shall submit payment requests
■ 10. Remove and reserve section DFARS 252.211–7003, Item Unique and receiving reports in accordance with
252.246–7000. Identification and Valuation). paragraph (b) of the clause at DFARS
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![30666 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules
252.232–7003 unless one of the exceptions in Æ Federal eRulemaking Portal: http:// resides with the SSR Coordinator at the
paragraph (d) of that clause applies. www.regulations.gov. Search for DoD level. These amendments will
F–306 Packing List Instructions ‘‘DFARS Case 2017–D005.’’ Select bring DFARS clause 252.219–7003 into
(a) Contractors may use a WAWF ‘‘Comment Now’’ and follow the compliance with the requirement for a
processed RR or the WAWF RRR, as a instructions provided to submit a consolidated SSR in FAR clause 52.219–
packing list. WAWF provides an option to comment. Please include ‘‘DFARS Case 9, Small Business Subcontracting Plan.
print the RR or RRR. Contractors can print a 2017–D005’’ on any attached III. Applicability to Contracts at or
RR or RRR from a system other than WAWF documents. Below the Simplified Acquisition
if a signed copy is required. In such cases, Æ Email: osd.dfars@mail.mil. Include
the contractor shall print the WAWF RR or Threshold (SAT) and for Commercial
DFARS Case 2017–D005 in the subject Items, Including Commercially
RRR only after a signature is applied by the line of the message.
Government inspector or authorized acceptor Available Off-the-Shelf (COTS) Items
Æ Fax: 571–372–6094.
in WAWF. Copies printed from the This rule proposes to amend the
contractor’s system shall be annotated with Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Jennifer clause at DFARS 252.219–7003, Small
‘‘\\original signed in WAWF\\’’ in lieu of
D. Johnson, OUSD(AT&L)DPAP/DARS, Business Subcontracting Plan (DoD
the inspector or acceptor’s signature. Ensure
a copy is visible on the outside and one is Room 3B941, 3060 Defense Pentagon, Contracts), and its Alternate I. The
placed inside the package. Washington, DC 20301–3060. objective of the rule is to provide
(b) If the contract requires Government Comments received generally will be clarification on the submission and
source inspection and acceptance at origin, posted without change to http:// review of SSRs in eSRS.
the contractor shall ensure that its packaging www.regulations.gov, including any DoD does not apply the clause and its
documentation includes a RR or RRR that
personal information provided. To Alternate I to solicitations and contracts
documents inspection, acceptance, or both by with a value at or below the SAT,
the Government inspector or authorized confirm receipt of your comment(s),
please check www.regulations.gov, because subcontracting plans are not
acceptor. A paper DD Form 250 may be used required at that dollar value.
in lieu of WAWF generated RRs or RRRs approximately 2 to 3 days after
DoD currently applies the clause and
when one of the exceptions in paragraph (d) submission to verify posting (except
its Alternate I to solicitations and
of the clause at DFARS 252.232–7003 allow 30 days for posting of comments
applies. contracts for the acquisition of
submitted by mail).
commercial items, including COTS
* * * * * FOR FURTHER INFORMATION CONTACT: Ms. items, as defined at FAR 2.101. Not
[FR Doc. 2018–14063 Filed 6–28–18; 8:45 am] Jennifer D. Johnson, telephone 571– applying this guidance to contracts for
BILLING CODE 5001–06–P 372–6100. the acquisition of commercial items,
SUPPLEMENTARY INFORMATION: including COTS items, would exclude
I. Background contracts intended to be included in the
DEPARTMENT OF DEFENSE streamlined SSRs and undermine the
DoD is proposing to revise the DFARS overarching purpose of the rule.
Defense Acquisition Regulations to implement a policy that streamlines Consequently, DoD plans to apply the
System the submission and review of Summary rule to contracts for the acquisition of
Subcontract Reports (SSRs) for DoD commercial items, including COTS
48 CFR Part 252 contractors and brings the DFARS into items.
[Docket DARS–2018–0018] compliance with changes to the Federal
Acquisition Regulation (FAR). Instead of IV. Expected Cost Savings
RIN 0750–AJ42
submitting multiple SSRs to This rule amends the DFARS to
Defense Federal Acquisition departments and agencies within DoD, implement a policy that streamlines the
Regulation Supplement: Submission of contractors with individual submission and review of SSRs for DoD
Summary Subcontract Reports subcontracting plans will submit a contractors. Instead of the current
(DFARS Case 2017–D005) single, consolidated SSR in eSRS at the practice of submitting multiple SSRs to
DoD level. The consolidated SSR will be various departments or agencies within
AGENCY: Defense Acquisition acknowledged or rejected in eSRS at the DoD, contractors with individual
Regulations System, Department of DoD level. subcontracting plans will submit one
Defense (DoD). consolidated SSR at the DoD level in the
II. Discussion and Analysis
ACTION: Proposed rule. eSRS. The consolidated SSR will be
The clause at DFARS 252.219–7003, acknowledged or rejected in eSRS at the
SUMMARY: DoD is proposing to amend Small Business Subcontracting Plan DoD level.
the Defense Federal Acquisition (DoD Contracts), and its Alternate I This rule impacts only large
Regulation Supplement (DFARS) to currently require contractors to submit businesses that have individual
clarify the entity to which contractors SSRs to departments or agencies within subcontracting plans and at least one
submit Summary Subcontract Reports in DoD. DFARS 252.219–7003 and its contract with DoD. Although the clause
the Electronic Subcontracting Reporting Alternate I also inform contractors that at DFARS 252.219–7003, Small
System (eSRS) and to clarify the entity the authority to acknowledge receipt of, Business Subcontracting Plan (DoD
that acknowledges receipt of, or rejects, or reject, SSRs resides with the SSR Contracts), and its Alternate I currently
the reports in eSRS. Coordinator at departments or agencies require large business contractors to
sradovich on DSK3GMQ082PROD with PROPOSALS
DATES: Comments on the proposed rule within DoD. This rule proposes to submit SSRs to the department or
should be submitted in writing to the amend the DFARS clause to require agency within DoD that administers the
address shown below on or before contractors with individual majority of the contractor’s individual
August 28, 2018, to be considered in the subcontracting plans to submit a subcontracting plans, these contractors
formation of a final rule. consolidated SSR at the DoD level, and frequently must submit SSRs to each
ADDRESSES: Submit comments to inform contractors that the authority department or agency within DoD with
identified by DFARS Case 2017–D005, to acknowledge receipt of or reject SSRs which they have contracts. This results
using any of the following methods: under individual subcontracting plans in extra work for the contractors and
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Document Created: 2018-06-29 01:12:44
Document Modified: 2018-06-29 01:12:44
| 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 | Comments on the proposed rule should be submitted in writing to | |
| Contact | Ms. Jennifer D. Johnson, telephone 571-372-6100. | |
| FR Citation | 83 FR 30661 | |
| RIN Number | 0750-AJ44 | |
| CFR Citation | 48
CFR
232 48 CFR 246 48 CFR 252 |
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