71928 Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Proposed Rules 

with paragraph (h) of DFARS clause 252.247– 

7023. 

(k) 252.247–7024 Notification of 

Transportation of Supplies by Sea (MAR 

2000) (10 U.S.C. 2631), if flow down is 

required in accordance with paragraph (b) of 

DFARS clause 252.247–7024. 

(End of clause) 

[FR Doc. 2011–29861 Filed 11–18–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 232 and 252 

RIN 0750–AH40 

Defense Federal Acquisition 

Regulation Supplement; Updates to 

Wide Area WorkFlow (DFARS Case 

2011–D027) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement to update 

policies on the submission of payment 

requests and receiving reports in 

electronic format. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

January 20, 2012, to be considered in 

the formation of the final rule. 

ADDRESSES: Submit comments 

identified by DFARS case 2011–D027, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘DFARS Case 2011–D027’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2011– 

D027.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2011– 

D027’’ on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2011–D027 in the subject 

line of the message. 

Æ Fax: (703) 602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Mr. Julian 

Thrash, 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). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Julian Thrash, (703) 602–0310. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD proposes to update policy and 

procedures in the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) for electronic submission of 

payment requests and receiving reports 

through Wide Area WorkFlow (WAWF) 

and TRICARE Encounter Data System 

(TEDS). WAWF, which electronically 

interfaces with the primary DoD 

payment systems, is the accepted DoD 

system for generating invoices and 

receiving reports. TEDS is an accepted 

system for processing payment requests 

for rendered TRICARE health care 

services. 

The capabilities of WAWF have 

expanded to enable use in a wider 

variety of environments by a wider 

variety of users. As such, this rule is 

intended to expand the use of WAWF 

for submission of payment requests and 

receiving reports and to standardize 

processes and instructions on the use of 

WAWF by accomplishing the following 

DFARS revisions: 

• Update 232.7002(a)(1) to clarify that 

only payment requests (not receiving 

reports) for contracts paid for with the 

Governmentwide commercial purchase 

card are excepted from using WAWF; 

• Remove the exception to the use of 

WAWF at 232.7002(a)(2) for contracts 

awarded to foreign vendors; 

• Update 232.7002(a)(3) to specify a 

WAWF exception for contracts awarded 

by contracting officers for contingency, 

humanitarian, peacekeeping, or 

emergency response operations only 

when the use of WAWF is not feasible 

by the contractor; 

• Update 232.7002(a)(4) to specify a 

WAWF exception for purchases made 

for an unusual or compelling need as 

defined in Federal Acquisition 

Regulation (FAR) 6.302–2 only when 

the use of WAWF is not feasible; 

• Remove, at 232.7003(b), the 

contracting officer’s authority to allow a 

contractor to submit a payment request 

and receiving report using an electronic 

form other than WAWF, unless a 

written determination is provided to the 

Senior Procurement Executive; 

• Add at 232.7003(c), the use of TEDS 

for submitting and processing TRICARE 

payment requests and receiving reports 

for rendered health care services; and 

• Provide a standard WAWF payment 

clause. 

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 expects that this proposed rule 

may 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. 

Therefore, an Initial Regulatory 

Flexibility Analysis has been prepared 

and is summarized as follows: 

The rule incorporates WAWF’s new 

capability of capturing receiving reports 

for contracts paid for with a 

Governmentwide commercial purchase 

card and clarifies exceptions to the use 

of WAWF only when it is not feasible. 

The rule also consolidates and 

standardizes instructions to contractors 

on how to use the WAWF application. 

Furthermore, it eliminates locally 

defined methods that are in some cases 

causing confusion and inefficiencies, 

and it incorporates the use of TEDS for 

medical services requiring Health 

Insurance Portability and 

Accountability Act data not handled by 

WAWF. 

DoD made small business awards to 

60,000 companies in Fiscal Year 2010. 

With the exception of less than 4,000 

companies that only received awards 

paid with a purchase card, this will be 

a simplification of procedures by 

allowing contractors to use the same 

process and systems for all DoD 

shipments. 

This rule does not impose any new 

reporting or recordkeeping 

requirements. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

There are no significant alternatives to 

accomplish the stated objectives of this 

rule. 


wreier-aviles on DSK3TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Proposed Rules 71929 

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 2011–D027) in 

the correspondence. 

IV. Paperwork Reduction Act 

This rule does not impose any new 

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). 

List of Subjects in 48 CFR Parts 232 and 

252 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore DoD proposes to amend 48 

CFR parts 232 and 252 as follows: 

1. The authority citation for 48 CFR 

parts 232 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 232—CONTRACT FINANCING 

2. Revise section 232.7002(a) to read 

as follows: 

232.7002 Policy. 

(a) Contractors shall submit payment 

requests and receiving reports in 

electronic form, except for— 

(1) Payment requests for purchases 

paid for with a Governmentwide 

commercial purchase card; 

(2) Classified contracts or purchases 

when electronic submission and 

processing of payment requests could 

compromise the safeguarding of 

classified information or national 

security; 

(3) Contracts awarded by deployed 

contracting officers in the course of 

military operations, including, but not 

limited to, contingency operations as 

defined in 10 U.S.C. 101(a)(13) or 

humanitarian or peacekeeping 

operations as defined in 10 U.S.C. 

2302(8), or contracts awarded by 

contracting officers in the conduct of 

emergency operations, such as 

responses to natural disasters or 

national or civil emergencies, when 

access to Wide Area WorkFlow by those 

contractors is not feasible; 

(4) Purchases to support unusual or 

compelling needs of the type described 

in FAR 6.302–2, when access to Wide 

Area WorkFlow by those contractors is 

not feasible; 

(5) Cases in which DoD is unable to 

receive payment requests or provide 

acceptance in electronic form; or 

(6) Cases in which the contracting 

officer administering the contract for 

payment has determined, in writing, 

that electronic submission would be 

unduly burdensome to the contractor. In 

those cases, a copy of the determination 

shall be furnished to the Service 

Procurement Executive. 

* * * * * 

3. Amend section 232.7003 by 

revising paragraphs (b) and (c) to read 

as follows: 

232.7003 Procedures. 

* * * * * 

(b) For payment of commercial 

transportation services provided under a 

Government rate tender or a contract 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. 

(c) For submitting and processing 

payment requests and receiving reports 

for rendered health care services, use of 

TRICARE Encounter Data System 

(TEDS) as the electronic format is 

permitted. 

4. Revise section 232.7004 to read as 

follows: 

232.7004 Contract clauses. 

(a) Except as provided in 

232.7002(a)(2), (3), or (4), use the clause 

at 252.232–7003, Electronic Submission 

of Payment Requests and Receiving 

Reports, in solicitations and contracts. 

(b) Use the clause at 252.232–70XX, 

Wide Area WorkFlow Payment 

Instructions, when 252.232–7003 is 

used and neither 232.7003 (b) nor (c) 

apply. See PGI 232.7004 for instructions 

on completing the clause. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

5. Amend section 252.232–7003 by— 

(a) Amending the introductory text to 

remove ‘‘232.7004’’ and insert in its 

place ‘‘232.7004(a)’’; 

(b) Amending the clause date by 

removing ‘‘(MAR 2008)’’ and adding in 

its place ‘‘(Date)’’; 

(c) Adding new paragraph (a)(4); 

(d) Removing paragraphs (c)(1) and 

(2); 

(e) Redesignating paragraphs (c)(3) 

and (4) as paragraphs (c)(1) and (2), 

respectively; and 

(f) Amending the newly redesignated 

paragraph (c)(1) by removing the word 

‘‘or’’ at the end of the paragraph; 

(g) Amending the newly redesignated 

paragraph (c)(2) by removing ‘‘.’’ and 

replacing it with ‘‘;’’ at the end of the 

paragraph; 

(h) Adding new paragraphs (c)(3) and 

(4). 

The additions read as follows: 

252.232–7003 Electronic Submission of 

Payment Requests and Receiving Reports. 

* * * * * 

(a) * * * 

(4) ‘‘Receiving report’’ means the data 

required by the clause at 252.246–7000, 

Material Inspection and Receiving 

Report. 

* * * * * 

(c) * * * 

(3) DoD makes payment for rendered 

health care services using the TRICARE 

Encounter Data System (TEDS) as the 

electronic format; or 

(4) Payment is made via the 

Governmentwide commercial purchase 

card, the receiving report shall still be 

submitted via WAWF. 

* * * * * 

6. Section 252.232–70XX is added to 

read as follows: 

252.232–70xx Wide Area WorkFlow 

Payment Instructions. 

As prescribed in 232.7004(b), use the 

following clause: 

WIDE AREA WORKFLOW PAYMENT 

INSTRUCTIONS (DATE) 

(a) Definitions. As used in this clause— 

Document type means the type of payment 

request or receiving report available for 

creation in Wide Area WorkFlow (WAWF). 

Department of Defense Activity Address 

Code (DoDAAC) is a six position code that 

uniquely identifies a unit, activity, or 

organization. 

Local processing office (LPO) is the office 

responsible for payment certification when 

the entitlement system is OnePay. 

(b) Electronic Invoicing. The WAWF 

system is the preferred 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, unless an alternate 

invoicing method is agreed to by the 

contracting parties in accordance with 

DFARS clause 252.232–7003. 

(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-by-step 

procedures for self-registration available at 

this Web site. 

(d) WAWF Training. The Contractor should 

follow the training instructions of the WAWF 


wreier-aviles on DSK3TPTVN1PROD with PROPOSALS
71930 Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Proposed Rules 

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 agrees 

to use the document type(s) identified below, 

unless the Contractor notifies the contracting 

officer that its business process does not 

allow for submission of the specified 

document type(s). The Contractor and the 

contracting officer must agree to an 

alternative document type before award. 

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 (standalone) Document Type may be used instead.) 

(2) Inspection/Acceptance Location. The 

Contractor shall select the appropriate 

inspection/acceptance location(s) in WAWF, 

if specified by the contracting officer below. 

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 Office DoDAAC 

Issue By DoDAAC 

Admin DoDAAC 

Inspect By DoDAAC 

Ship To Code 

Service Approver (DoDAAC) 

Ship From Code 

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 (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

lllllllllllllllllllll

(Contracting Officer: Insert applicable Email 

addresses or ‘‘Not Applicable’’.) 

(g) Payment Request Follow-up. The 

Contractor may obtain invoice status by 

accessing https://myinvoice.csd.disa.mil/, 

after submission of an invoice in WAWF. The 

information may not be readily available 

until at least 3 days prior to payment date. 

(h) WAWF Point of Contact. The Contractor 

may obtain clarification regarding invoicing 

in WAWF from the contracting activity’s 

WAWF point of contact identified below. 

lllllllllllllllllllll

(Contracting Officer: Insert applicable 

information or ‘‘Not Applicable’’.) 

(End of clause) 

[FR Doc. 2011–29860 Filed 11–18–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 10 

[Docket No. OST–1996–1437] 

RIN 2105–AD11 

Maintenance of and Access to Records 

Pertaining to Individuals; Proposed 

Exemption 

AGENCY: Department of Transportation 

(DOT), Office of the Secretary. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: DOT proposes to exempt 

portions of a newly established system 

of records titled, ‘‘Department of 

Transportation/ALL 24 Departmental 

Office of Civil Rights System’’ from 

certain provision of the Privacy Act. 

Specifically, the DOT exempts portions 

of the ‘‘Department of Transportation/ 

ALL–24 Departmental Office of Civil 

Rights System’’ from one or more 

provisions of the Privacy Act because of 

criminal, civil and administrative 

enforcement requirements. Public 

comment is invited. 

DATE: Comments are due December 21, 

2011. 

ADDRESSES: You may file comments 

identified by the docket number DOT– 

OST–1996–1437 by any of the following 

methods: 

• Federal Rulemaking Portal: go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave., SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Ave., SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal Holidays. 

• Fax: (202) 493–2251. 

Instructions: You must include the 

agency name and docket number DOT– 

OST–1996–1437 or the Regulatory 

Identification Number (RIN) for the 

rulemaking at the beginning of your 

comment. All comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received in any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.) You may 

review DOT’s complete Privacy Act 

statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or to the street 

address listed above. Follow the online 

instructions for accessing the docket. 

FOR FURTHER INFORMATION CONTACT: 

Claire Barrett, Departmental Chief 

Privacy Officer, Office of the Chief 

Information Officer, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Washington, DC 20590 or 

claire.barrett@dot.gov or (202) 366– 

8135. 

SUPPLEMENTARY INFORMATION: It is DOT 

practice to identify a Privacy Act system 

of records that is exempt from one or 

more provisions of the Privacy Act 

(pursuant to 5 U.S.C. 552a(j) or (k)) both 

in the system notice published in the 

Federal Register for public comment 

and in an Appendix to DOT’s 

regulations implementing the Privacy 

Act (49 CFR Part 10, Appendix A). This 

amendment proposes exemption from 

certain portions of the Privacy Act of a 

proposed record system—the 

Departmental Office of Civil Rights 

System of Records (DOCRS)—to be used 

to track correspondence, inquiries, 

complaints, and appeals filed by 

individuals, small businesses, or 

representatives of individuals or small 

businesses who believe they have been 

subjected to discrimination or 

retaliation prohibited by Federal law by 

a DOT employee, or by a DOT 


wreier-aviles on DSK3TPTVN1PROD with PROPOSALS