38734 Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations 

(c) * * * 

(3) DoD makes payment for rendered 

health care services using the TRICARE 

Encounter Data System (TEDS) as the 

electronic format; or 

(4) When the Governmentwide 

commercial purchase card is used as the 

method of payment, only submission of 

the receiving report in electronic form is 

required. 

* * * * * 

■ 7. Section 252.232–7006 is added to 

read as follows: 

252.232–7006 Wide Area WorkFlow 

Payment Instructions. 

As prescribed in 232.7004(b), use the 

following clause: 

WIDE AREA WORKFLOW PAYMENT 

INSTRUCTIONS (JUN 2012) 

(a) Definitions. As used in this clause— 

Department of Defense Activity Address 

Code (DoDAAC) is a six position code that 

uniquely identifies a unit, activity, or 

organization. 

Document type means the type of payment 

request or receiving report available for 

creation in Wide Area WorkFlow (WAWF). 

Local processing office (LPO) is the office 

responsible for payment certification when 

payment certification is done external to the 

entitlement system. 

(b) Electronic invoicing. The WAWF 

system is the method to electronically 

process vendor payment requests and 

receiving reports, as authorized by DFARS 

252.232–7003, Electronic Submission of 

Payment Requests and Receiving Reports. 

(c) WAWF access. To access WAWF, the 

Contractor shall— 

(1) Have a designated electronic business 

point of contact in the Central Contractor 

Registration at https://www.acquisition.gov; 

and 

(2) Be registered to use WAWF at 

https://wawf.eb.mil/ following the step-bystep procedures for self-registration available 

at this Web site. 

(d) WAWF training. The Contractor should 

follow the training instructions of the WAWF 

Web-Based Training Course and use the 

Practice Training Site before submitting 

payment requests through WAWF. Both can 

be accessed by selecting the ‘‘Web Based 

Training’’ link on the WAWF home page at 

https://wawf.eb.mil/. 

(e) WAWF methods of document 

submission. Document submissions may be 

via Web entry, Electronic Data Interchange, 

or File Transfer Protocol. 

(f) WAWF payment instructions. The 

Contractor must use the following 

information when submitting payment 

requests and receiving reports in WAWF for 

this contract/order: 

(1) Document type. The Contractor shall 

use the following document type(s). 

lllllllllllllllllllll

(Contracting Officer: Insert applicable 

document type(s). Note: If a ‘‘Combo’’ 

document type is identified but not 

supportable by the Contractor’s business 

systems, an ‘‘Invoice’’ (stand-alone) and 

‘‘Receiving Report’’ (stand-alone) document 

type may be used instead.) 

(2) Inspection/acceptance location. The 

Contractor shall select the following 

inspection/acceptance location(s) in WAWF, 

as specified by the contracting officer. 

lllllllllllllllllllll

(Contracting Officer: Insert inspection and 

acceptance locations or ‘‘Not applicable.’’) 

(3) Document routing. The Contractor shall 

use the information in the Routing Data Table 

below only to fill in applicable fields in 

WAWF when creating payment requests and 

receiving reports in the system. 

ROUTING DATA TABLE* 

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 or ‘‘See schedule’’ if 

multiple ship to/acceptance locations apply, 

or ‘‘Not applicable.’’) 

(4) Payment request and supporting 

documentation. The Contractor shall ensure 

a payment request includes appropriate 

contract line item and subline item 

descriptions of the work performed or 

supplies delivered, unit price/cost per unit, 

fee (if applicable), and all relevant back-up 

documentation, as defined in DFARS 

Appendix F, (e.g. timesheets) in support of 

each payment request. 

(5) WAWF email notifications. The 

Contractor shall enter the email address 

identified below in the ‘‘Send Additional 

Email Notifications’’ field of WAWF once a 

document is submitted in the system. 

lllllllllllllllllllll

(Contracting Officer: Insert applicable email 

addresses or ‘‘Not applicable.’’) 

(g) WAWF point of contact. (1) The 

Contractor may obtain clarification regarding 

invoicing in WAWF from the following 

contracting activity’s WAWF point of 

contact. 

lllllllllllllllllllll

(Contracting Officer: Insert applicable 

information or ‘‘Not applicable.’’) 

(2) For technical WAWF help, contact the 

WAWF helpdesk at 866–618–5988. 

(End of clause) 

[FR Doc. 2012–15566 Filed 6–28–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 252 

RIN 0750–AH73 

Defense Federal Acquisition 

Regulation Supplement; Acquisition of 

Tents and Other Temporary Structures 

(DFARS Case 2012–D015) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule. 

SUMMARY: DoD is issuing an interim rule 

to implement sections of the National 

Defense Authorization Act for Fiscal 

Year 2012 that address the acquisition 

of tents and other temporary structures. 

DATES: Effective date: June 29, 2012. 

Comment date: Comments are due by 

August 28, 2012. 

ADDRESSES: Submit comments 

identified by DFARS Case 2012–D015, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inserting 

‘‘DFARS Case 2012–D015’’ under the 

heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘DFARS Case 2012–D015.’’ Follow 

the instructions provided at the ‘‘Submit 

a Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘DFARS Case 2012–D015’’ on your 

attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2012–D015 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Amy G. 

Williams, OUSD(AT&L)DPAP/DARS, 

Room 3B855, 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 two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

SUPPLEMENTARY INFORMATION: 

I. Background 

This interim rule amends DFARS 

subpart 225.70 and the associated 

DFARS clauses at 252.212–7001 and 


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Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations 38735 

252.225–7012, in order to implement 

sections 368 and 821 of the National 

Defense Authorization Act for Fiscal 

Year 2012 (Pub. L. 112–81). 

• Section 368 requires award of 

contracts that provide the best value, 

when acquiring tents and other 

temporary structures, regardless of 

whether purchased by DoD or by 

another agency on behalf of DoD. 

• Section 821 amends 10 U.S.C. 

2533a (the ‘‘Berry Amendment’’), to 

extend the restriction requiring 

acquisition of domestic tents to include 

the structural components of tents, 

applicable to acquisitions that exceed 

the simplified acquisition threshold. 

There is also an exception for domestic 

nonavailability (see DFARS 225.7002– 

2). 

The interim rule provides a definition 

of ‘‘structural component of a tent’’ and 

also provides examples of the type of 

temporary structures covered by this 

regulation. 

II. 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 a significant 

regulatory action and, therefore, was 

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. 

III. Regulatory Flexibility Act 

DoD 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. 

However, an initial regulatory flexibility 

analysis has been prepared and is 

summarized as follows: 

The objectives of this interim rule are 

to— 

• Require that contracts for the 

acquisition of tents and other temporary 

structures provide best value, regardless 

of whether purchased by DoD or by 

another agency on behalf of DoD; and 

• Extend the domestic source 

restriction of 10 U.S.C. 2533a (the 

‘‘Berry Amendment’’) to cover the 

structural components of tents, in order 

to promote the use of domestic materials 

and enhance growth of the United States 

economy. 

The legal basis for this interim rule is 

sections 368 and 821 of the National 

Defense Authorization Act for Fiscal 

Year 2012 (Pub. L. 112–81). 

The requirement to award contracts 

that provide best value to the 

Government does not have any impact 

on small business entities, because that 

is already a general requirement for all 

acquisitions. 

The domestic source restriction on the 

structural components of tents may 

affect approximately 40 or less small 

business concerns at the prime contract 

level. Review of the Fiscal Year 2011 

data on acquisition of items with 

product or service code 8340 (tents or 

tarpaulins) identified 49 actions with 

small business concerns (contracts or 

orders), estimated value of $48.6 

million, of which about 10 percent 

appeared to be for other than tents (e.g., 

prefabricated metal buildings and 

components, metal household 

furnishings, or electrical equipment). 

The Federal Procurement Data System 

does not provide data on components, 

so it is not known the extent to which 

the providers of tents currently utilize 

domestic or foreign structural 

components. An exception may be 

granted if a component is domestically 

nonavailable. However, this rule 

promotes the use of domestic 

components, and should, therefore, be 

favorable to small entities that provide 

domestic structural components of 

tents. The requirements of the rule will 

not apply below the simplified 

acquisition threshold. 

This rule does not impose any 

reporting or recordkeeping 

requirements. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

DoD did not identify any significant 

alternatives that would accomplish the 

stated objectives of the statute. The rule 

specifically implements the statutory 

requirement. 

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 2012–D015) in 

correspondence. 

IV. Applicability 

This interim rule does not apply 

below the simplified acquisition 

threshold. Section 821 amends 10 

U.S.C. 2533a (the ‘‘Berry Amendment’’), 

which specifically exempts acquisitions 

below the simplified acquisition 

threshold. The ‘‘Berry Amendment’’, 

implemented at DFARS clause 252.225– 

7012, Preference for Certain Domestic 

Commodities, specifically applies to 

contracts or subcontracts for the 

acquisition of commercial items that are 

articles, items, specialty metals, or tools 

covered by the ‘‘Berry Amendment’’ 

(including tents and components of 

tents) (see section 8109 of Pub. L. 104– 

208) and is included in the clause list 

in DFARS clause 252.212–7001, 

Contract Terms and Conditions required 

to Implement Statutes or Executive 

Orders Applicable to Defense 

Acquisitions of Commercial Items. 

Section 368 only imposes 

requirements on the internal operating 

procedures of DoD, and does not 

address application below the 

simplified acquisition threshold. Most 

acquisitions of tents and other 

temporary structures exceed the 

simplified acquisition threshold. In 

accordance with 41 U.S.C. 1901, 

simplified acquisition procedures are to 

be used to promote efficiency and 

economy in contracting to avoid 

unnecessary burdens for agencies and 

contractors. Written acquisition plans 

are not required for acquisitions below 

the simplified acquisition threshold. 

Therefore, this rule does not apply to 

acquisitions of tents and other 

temporary structures below the 

simplified acquisition threshold. 

V. Paperwork Reduction Act 

This rule does not impose any 

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). 

VI. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of 

Defense, that urgent and compelling 

reasons exist to publish an interim rule 

prior to affording the public an 

opportunity to comment. This interim 

rule implements sections 368 and 821 of 

the National Defense Authorization Act 

for Fiscal Year 2012. This requirement 

became effective upon enactment, 

December 23, 2011. This action is 

necessary in order to enable contracting 

officers to comply with this new 

requirement, which will promote the 

use of domestic materials and enhance 

growth of the United States economy. 

Pursuant to 41 U.S.C. 1707 and FAR 

1.501–3(b), comments received in 

response to this interim rule will be 


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38736 Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations 

considered in the formation of the final 

rule. 

List of Subjects in 48 CFR Part 225 and 

252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 225 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 225 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 225—FOREIGN ACQUISITION 

■ 2. Amend section 225.7001 by 

revising paragraph (e) to read as follows: 

225.7001 Definitions. 

* * * * * 

(e) Structural component of a tent is 

defined in the clause at 252.225–7012, 

Preference for Certain Domestic 

Commodities. 

■ 3. Amend section 225.7002–1 by 

revising paragraph (a)(3) to read as 

follows: 

225.7002–1 Restrictions. 

* * * * * 

(a) * * * 

(3) Tents and the structural 

components of tents, tarpaulins, or 

covers. In addition, in accordance with 

section 368 of the National Defense 

Authorization Act for Fiscal Year 2012 

(Pub. L. 112–81)— 

(i) When acquiring tents or other 

temporary structures for use by the 

Armed Forces, the contracting officer 

shall award contracts that provide the 

best value (see FAR 15.101). Temporary 

structures covered by this paragraph 

(a)(3)(i) are nonpermanent buildings, 

including tactical shelters, 

nonpermanent modular or prefabricated buildings, or portable or 

relocatable buildings, such as trailers or 

equipment configured for occupancy 

(see also DFARS 246.270–2)). 

Determination of best value includes 

consideration of the total life-cycle costs 

of such tents or structures, including the 

costs associated with any equipment, 

fuel, or electricity needed to heat, cool, 

or light such tents or structures (see 

FAR 7.105(a)(3)(i) and PGI 

207.105(a)(3)(i)). 

(ii) These requirements apply to any 

agency or department that acquires tents 

or other temporary structures on behalf 

of DoD (see FAR 17.503(d)(2)). 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.212–7001 [Amended] 

■ 4. Amend section 252.212–7001 in 

paragraph (b)(9) by removing ‘‘(JUN 

2010)’’ and adding ‘‘(JUN 2012)’’ in its 

place. 

■ 5. Amend section 252.225–7012— 

■ a. By removing the clause date ‘‘(JUN 

2010)’’ and adding ‘‘(JUN 2012)’’ in its 

place; 

■ b. In paragraph (a), by removing the 

numerical designations (1) through (5) 

from the definitions and adding, in 

alphabetical order, the definition of 

‘‘Structural component of a tent’’; and 

■ c. By revising paragraph (b)(3). 

The addition and revision read as 

follows: 

252.225–7012 Preference for Certain 

Domestic Commodities. 

* * * * * 

(a) * * * 

Structural component of a tent— 

(i) Means a component that 

contributes to the form and stability of 

the tent (e.g., poles, frames, flooring, guy 

ropes, pegs); 

(ii) Does not include equipment such 

as heating, cooling, or lighting. 

* * * * * 

(b) * * * 

(3) Tents and structural components 

of tents, tarpaulins, and covers. 

* * * * * 

[FR Doc. 2012–15563 Filed 6–28–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 252 

RIN 0750–AH75 

Defense Federal Acquisition 

Regulation Supplement: New 

Qualifying Country—Czech Republic 

(DFARS Case 2012–D043) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to add the Czech Republic as 

a qualifying country. 

DATES: Effective date: June 29, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is amending the DFARS to add 

the Czech Republic as a qualifying 

country. On April 18, 2012, the 

Secretary of Defense signed a new 

reciprocal defense procurement 

agreement with the Czech Minister of 

Defense. The agreement removes 

discriminatory barriers to procurements 

of supplies and services produced by 

industrial enterprises of the other 

country to the extent mutually 

beneficial and consistent with national 

laws, regulations, policies, and 

international obligations. The agreement 

does not cover construction or 

construction material. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

‘‘Publication of proposed 

regulations’’, 41 U.S.C. 1707, is the 

statute which applies to the publication 

of the Federal Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure, or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, 

procedure, or form, or has a significant 

cost or administrative impact on 

contractors or offerors. This final rule is 

not required to be published for public 

comment. Adding the Czech Republic to 

the list of 21 other countries that have 

similar reciprocal defense procurement 

agreements with DoD does not alter the 

substantive meaning of the basic DoD 

policy on contracting with qualifying 

country sources. Accordingly, the 

change does not constitute a significant 

DFARS revision within the meaning of 

FAR 1.501–1, does not have a 

significant effect beyond the internal 

operating procedures of DoD, and will 

not have a significant cost or 

administrative impact on contractors or 

offerors. 

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 


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