[Federal Register Volume 73, Number 97 (Monday, May 19, 2008)]
[Proposed Rules]
[Pages 28788-28790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11124]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[DOD-2008-DARS-0006; 0790-AI05]
48 CFR Part 5432
Transporter Proof of Delivery
AGENCY: Department of Defense.
ACTION: Proposed rule.
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SUMMARY: This rule proposes to provide an additional method for
documenting customer receipt of DLA supplies and services in support of
the contract acceptance and payment process by allowing contractor
input of receipt documentation into the Department of Defense Wide Area
Workflow system.
DATES: Consideration will be given to all comments received July 18,
2008.
ADDRESSES: You may submit comments, identified by docket number and or
Regulatory Information Number (RIN) number and title, by any of the
following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or RIN for this Federal Register document. The
general policy for comments and other submissions from members of the
public is to make these submissions available for public viewing on the
Internet at http://www.regulations.gov as they are received without
change, including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Charlene Baez, (703) 767-1316,
[email protected].
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 48 CFR part 5432 is not a significant
regulatory action. The rule does not:
(1) Have an annual effect to the economy of $100 million or more or
adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been certified that this rule does not contain a Federal
mandate that may result in the expenditure by State, local and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
The implementation of this rule will facilitate the receipt
documentation process and enhance the accountability of DLA-provided
goods, as well as provide a basis for more efficient and expeditious
payments to affected contractors. In this process, contractors input
copies of signed delivery documents provided by the transporter of the
supplies into the Wide Area Workflow system. Contractor use of the Wide
Area Workflow (WAWF) system is being implemented throughout the
Department of Defense for submission of invoices. Approximately 1 hour
is needed to learn the new system. Use of the WAWF system does not
require any additional reporting, recordkeeping, or compliance records
from small entities. Therefore no additional capability or resource
expenditure will be required and no significant impact is anticipated.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that this rule does impose reporting or
recordkeeping requirements under the Paperwork Reduction Act of 1995.
[[Page 28789]]
Executive Order 13132, ``Federalism''
It has been certified that this rule does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of government.
List of Subjects in 48 CFR Part 5432
Contract delivery receipt process.
Accordingly, title 48 CFR Chapter 54, is proposed to be amended to
add part 5432 to read as follows:
PART 5432--TRANSPORTER PROOF OF DELIVERY
Sec.
5432.1 Payment documentation process.
5432.2 Transporter proof of delivery.
Authority: 41 U.S.C. 401 et seq.
Sec. 5432.1 Payment documentation process.
(a) Transporter Proof of Delivery (TPD) is a commercial document
generated by the contractor and/or the transporter of supplies and
completed by the Government customer. The TPD process is used as a
supplement to the customer receiving report and provides information
necessary to show receipt of the supplies by the customer. The fully-
completed TPD process demonstrates receipt and, coupled with
acceptance, allows the Government to pay the contractor. It is not a
substitute for any other requested receipt and acceptance
documentation, such as DD 250, ``Material Inspection and Receiving
Report'', but is a supplement to such documentation.
(b) The Defense Logistics Agency (DLA) may accept supplies based on
satisfactory TPD.
(c) The Contracting Officer may authorize the use of the TPD
process when, based on historical receipt and payment metrics, Finance
and Procurement Customer Liaisons (FCLs) recommend and the Contracting
Officer determines the application of the TPD process necessary to
ensure timely payment under the particular circumstances of a
procurement. The recommendations made by the FCLs will be given on an
individual basis based on analysis of the historical contract data,
invoicing history, and customer receipting history. All of the
following conditions must be present for using the TPD process:
(1) It is a Business Systems Modernization (BSM)/Enterprise
Business System (EBS) procurement.
(2) Contract/order is awarded on a fixed price basis.
(3) Contract/order is customer direct.
(4) Fast pay is not authorized.
(5) Procurement is not origin acceptance.
(6) Procurement does not require overseas shipments or shipments to
consolidation and containerization points.
(7) A joint finance team and acquisition team decide when
implementing the TPD process is necessary to ensure prompt payment
processing.
(d) Suppliers with existing contracts must agree to use the clause
by the execution of a bilateral contract modification. If a vendor has
an existing contract that has been modified to include the TPD process,
that vendor's follow-on contract will normally include the TPD process.
(e) When authorized in accordance with paragraph (b) of this
section, the Contracting Officer will include the clause at Sec.
5432.2 in the contract, order, solicitation, request for quotation
(RFQ), or purchase order.
Sec. 5432.2 Transporter proof of delivery.
As prescribed in paragraph (d) of this section, insert the
following clause:
TRANSPORTER PROOF OF DELIVERY (AUG 2006)
(a) As used in this clause, Transporter Proof of Delivery (TPD)
are commercial documents generated by the contractor and/or the
contractor's transporter of supplies, and completed by the
Government customer in order to document delivery of supplies under
this contract/order. The TPD must contain all information necessary
to demonstrate customer receipt of specified supplies under a
specific contract or order, including a customer signature
demonstrating receipt of supplies. This documentation, when
completed and submitted as prescribed herein, satisfies the receipt
report requirement and, coupled with acceptance, allows the
Government to issue payment if other applicable payment conditions
are satisfied.
(b) Submitted TPD. (1) The submitted TPD must include all of the
following information:
(i) Contract number/order number.
(ii) Unit price.
(iii) Extended price.
(iv) Detailed description of supplies.
(v) Delivery date.
(vi) Recipient organization's name and address.
(vii) Location of delivery.
(viii) Receiving individual's printed name.
(ix) Receiving individual's signature.
(2) A combination of contractor and transporter documents may be
needed to provide all of the required information. Examples are
contractor packing lists and UPS or FEDEX delivery tracking reports.
If a combination of documents is used, they must include cross-
reference information, such as shipment number, that demonstrates
that both sets of documents refer to the same supplies.
(c) Use of the transporter proof of delivery. (1) Payment. When
this clause is used, the Government may use the TPD receipt as a
basis for accepting the supplies, thereby enabling payment based on
the contract/order, contractor's invoice, contractor-submitted TPD,
and Government acceptance.
(2) TPD Process. (i) The Contractor shall self-register at the
Wide Area Workflow (WAWF) Web site: https://wawf.eb.mil. (See
https://wawf.eb.mil for WAWF registration and http://www.wawftraining.com for detailed training instructions. Additional
WAWF support can be accessed by calling DISA WESTHEM Customer
Support at (866) 618-5988. For more information on WAWF please go to
the DLA WAWF Site: http://www.dla.mil/j-3/wawf.).
(ii) The Contractor shall enter the Receiving Report (RR) data.
Contractors shall ensure the ``pack later'' box under the Pack Tab
is checked prior to the submission of the RR.
(iii) The Contractor's transporter presents TPD documents to the
customer for receipt signature or the transporter otherwise secures
a customer signature demonstrating receipt, such as through an
electronic signature recording device.
(iv) The Contractor obtains the TPD from the transporter, either
in hardcopy provided by the transporter or through other means, such
as a printout from the transporter's Internet tracking site.
(v) When the Contractor receives the TPD documents from the
transporter, he or she will return to WAWF using ``view documents,''
enter the appropriate contract data, and recall the RR.
(vi) On the first page provided, the Contractor will uncheck the
``pack later'' box.
(vii) The Contractor shall then go to the last entry and click
on ``attachment.'' This will allow the Contractor to attach the TPD
documents. When the TPD document is attached, the Contractor shall
return to the Header Tab and submit the TPD document(s).
(viii) WAWF will notify the BSM FCL via email that a WAWF RR
document is ready for review.
(ix) The information provided in the chart below is provided to
assist the Contractor in the creation of the RR in WAWF:
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WAWF fields Data to enter
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WAWF Document Type..................... Invoice and Receiving Report
(COMBO).
Inspection/Destination Points.......... Other/Other.
[[Page 28790]]
Issue By Department of Defense Activity DODAAC of activity that issued
Address Code (DODAAC). the contract.
Admin DODAAC........................... DODAAC of activity that
administers the contract.
Inspect By DODAAC (if applicable)...... N/A--leave blank.
Ship To Code........................... DODAAC of the Ship To activity.
Acceptor at Other DODAAC............... Refer to Issue By DODAAC:
If Issue By is SPM1, use
SP1001.
If Issue By is SPM4, use
SP4001.
If Issue By is SPM5, use
SP5001.
If Issue By is SPM7, use
SP7001.
PAY DODAAC............................. DODAAC of the activity that
pays the contract.
Attachment............................. Attach customer delivery
documentation.\1\ (Attachments
created in any Microsoft
Office Product or in PDF
format are acceptable.)
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\1\ Contractors are required to attach TPD complying with subparagraphs
(a) and (b) of this clause to their WAWF document. To add attachments,
enter contract information and then click on `Create Document.' Then
click on the `Misc Info' tab. Attachment specific buttons will appear
on the right side of the page. Select document to attach and click
`Open.' Then click `Continue.' Your attachment will appear in the
dropdown box. Click on the `Header' tab to return to your original
document and click `Submit.'
(d) Responsibility for supplies. (1) Title to the supplies
passes to the Government after delivery to the point of first
receipt by the Government and subsequent acceptance.
(2) Notwithstanding any other provision of the contract, order,
or blanket purchase agreement, the Contractor shall:
(i) Assume all responsibility and risk of loss for supplies not
received at destination, damaged in transit, or not conforming to
purchase requirements; and
(ii) Replace, repair, or correct those supplies promptly at the
Contractor's expense, if instructed to do so by the Contracting
Officer within 180 days from the date title to the supplies vests in
the Government.
End of Clause
Dated: May 7, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer. Department of Defense.
[FR Doc. E8-11124 Filed 5-16-08; 8:45 am]
BILLING CODE 5001-06-P