Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Proposed Rules 43511 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1816, 1832, and 1852 

[NFS Case 2017–N014] 

RIN 2700–AE39 

NASA Federal Acquisition Regulation 

Supplement: Revised Voucher and 

Invoice Submission & Payment 

Process 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Proposed rule. 

SUMMARY: NASA is proposing to amend 

the NASA Federal Acquisition 

Regulation Supplement (NFS) to 

implement revisions to the voucher and 

invoice submittal and payment process. 

These revisions are necessary in order 

for NASA to comply with the Office of 

Management and Budget (OMB) issued 

Memorandum M–15–19, which directed 

federal agencies to transition to 

electronic invoicing for appropriate 

federal procurements by the end of 

fiscal year 2018. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

November 17, 2017, to be considered in 

the formation of the final rule. 

ADDRESSES: Submit comments 

identified by NFS Case 2017–N014, 

using any of the following methods: 

Æ Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘NFS Case 2017–N014’’ under 

the heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘NFS Case 2017–N014.’’ Follow 

the instructions provided at the ‘‘Submit 

a Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘NFS Case 2017–N014’’ on your 

attached document. 

Æ Email: John.J.Lopez@nasa.gov. 

Include NFS Case 2017–N014 in the 

subject line of the message. 

Æ Fax: (202) 358–3082. 

Æ Mail: National Aeronautics and 

Space Administration, Headquarters, 

Office of Procurement, Contract and 

Grant Policy Division, Attn: John J. 

Lo ́pez, LP–011, 300 E. Street SW., 

Washington, DC 20546–0001. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John J. Lopez, NASA HQ, Office of 

Procurement, Contract and Grant Policy 

Division, LP–011, 300 E Street SW., 

Washington, DC 20456–0001. 

Telephone 202–358–3740; facsimile 

202–358–3082. 

SUPPLEMENTARY INFORMATION: 

I. Background 

NASA is proposing to revise the NFS 

to implement revisions to the voucher 

submittal and payment process. These 

revisions are necessary in order for 

NASA to comply with the Office of 

Management and Budget (OMB) issued 

Memorandum M–15–19, which directed 

federal agencies to transition to 

electronic invoicing for appropriate 

federal procurements by the end of 

fiscal year 2018. In Fiscal Year 2016, 

NASA revised their voucher submission 

and payment process to electronically 

process cost type vouchers under costreimbursement type contracts. As part 

of NASA’s goal to have all contract 

payments processed electronically by 

2018, this proposed rule revises NASA’s 

submission and payment process to 

have invoices for fixed price contracts 

submitted electronically. 

II. Discussion 

Sections of the NFS are being revised 

to implement changes to NASA’s 

voucher and invoice submission and 

payment process. Specifically, NASA is 

proposing the following changes: 

• Revise the clause prescription at 

1816.506–70(b) and associated clause at 

1852.216–80(i) to require contractors to 

submit task order progress reports for all 

contract types. 

• Revise clause prescription at 

1832.908–70 to include invoices. 

• Add alternate clause at 1852.232– 

80(i). 

• Revise clause at 1852.232–80(c)(2) 

to list relevant back-up documentation 

required to be submitted with invoices 

and fee vouchers in order for the 

contracting officers to review and 

approve them. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

NASA does not expect this 

rulemaking to have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601, et seq., because the 

guidance will not create additional 

burden to the contractor but rather the 

rulemaking is intended to update the 

current voucher and invoice submission 

process at NASA resulting in fewer 

voucher/invoice rejections, rework, and 

payment delays. However, an initial 

regulatory flexibility analysis has been 

performed and is summarized as 

follows: 

NASA is proposing to revise the NFS 

to implement revisions to the voucher 

and invoice submittal and payment 

process. These revisions are necessary 

in order for NASA to comply with 

Office of Management and Budget 

(OMB) Memorandum M–15–19, which 

directed federal agencies to transition to 

electronic invoicing for appropriate 

federal procurements by the end of 

fiscal year 2018. 

The objective of this rulemaking is to 

remove the outdated NFS payment 

clause and associated prescription 

relative to the NASA voucher and 

invoice submittal and payment process 

and replace with a new clause that will 

revamp NASA’s voucher and invoice 

submission and payment process to 

ensure the continued prompt payment 

to its suppliers. The revision will also 

minimize cost voucher and invoice 

submission and payment delays to 

NASA suppliers as well the potential 

accrual of Government interest 

payments to contractors. 

This proposed rule would apply to 

contractor requests for payment under 

all contract types. An analysis of data in 

the Federal Procurement Data System 

(FPDS) revealed that cost 

reimbursement and fixed priced 

contracts are primarily awarded to small 

businesses. FPDS data compiled over 

the past three fiscal years (FY2014 

through FY2016) showed an average of 

76,675 NASA contract actions, of which 

45,011 (approximately 59%) were 

awarded to small businesses. However, 

there is no significant economic or 

administrative cost impact to small or 

large businesses because fee vouchers 

and invoices previously processed 

manually will be processed 

electronically. NASA anticipates that 

the rulemaking will have a positive 

benefit in the way of fewer voucher 

rejections, rework, and payment delays. 

In FY16, NASA processed 

approximately 55,000 vendor payment 

requests (invoice/voucher), which are 


sradovich on DSKBBY8HB2PROD with PROPOSALS
43512 Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Proposed Rules 

currently received by various means 

(70% by email, 15% by mail, 2% by fax, 

13% by an electronic secure file 

transfer). NASA’s current payment 

request process for fee vouchers and 

invoices requires manual intervention at 

almost every step in the process. 

Manual intervention decreases speed 

and accuracy and adds to the cost per 

invoice/voucher. This rulemaking will 

further automate the processing of 

contract payments thus reducing 

processing delays, input errors, rework, 

interest penalties, which all add to the 

cost to process each invoice and 

voucher. The proposed rule does not 

contain additional reporting 

requirements, recordkeeping, or other 

compliance requirements. 

The proposed rule does not duplicate, 

overlap, or conflict with any other 

Federal rules. No alternative approaches 

were considered, because this approach 

will have minimal impact on small 

entities. 

NASA invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rulemaking on small entities. NASA 

will also consider comments from small 

entities concerning the existing 

regulations in subparts affected by this 

proposed rule in accordance with 5 

U.S.C. 610. Interested parties must 

submit such comments separately and 

should cite 5 U.S.C. 610 (NFS Case 

2017–N014), in correspondence. 

V. Paperwork Reduction Act 

The proposed rule contains 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35; however, these changes to 

the NFS do not impose additional 

information collection requirements to 

the paperwork burden previously 

approved under OMB Control Number 

9000–0070, entitled Payments—FAR 

Sections Affected: 52.232–1 thru 

52.232–4 and 52.232–6 thru 52.232–11. 

List of Subjects in 48 CFR Parts 1816, 

1832, and 1852 

Government procurement. 

William Roets, 

Director, Contract and Grant Management 

Division. 

Accordingly, 48 CFR parts 1816, 1832, 

and 1852 are proposed to be amended 

as follows: 

■ 1. The authority citation for parts 

1816, 1832, and 1852 continues to read 

as follows: 

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

chapter 1. 

PART 1816—TYPES OF CONTRACTS 

■ 2. Revise 1816.506–70 to read as 

follows: 

1816.506–70 NASA contract clause. 

Insert the clause at 1852.216–80, Task 

Ordering Procedure, in solicitations and 

contracts when an indefinite-delivery, 

task order contract is contemplated. The 

clause is applicable to both fixed-price 

and cost-reimbursement type contracts. 

The contracting officer shall use the 

clause with its— 

(a) Alternate I, if the cost type, fixedprice with prospective price 

redetermination, or fixed-price 

incentive contract does not include a 

NASA Form 533M reporting 

requirements; or 

(b) Alternate II, if a fixed price 

contract is contemplated. 

PART 1832—CONTRACT FINANCING 

■ 3. Revise 1832.908–70 to read as 

follows: 

1832.908–70 Submission of vouchers/ 

invoices. 

Insert clause 1852.232–80, 

Submission of Vouchers/Invoices for 

Payment, in all solicitations and 

contracts. 

PART 1852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

1852.216–80 [Amended] 

■ 4. Amend 1852.216–80 by revising 

ALTERNATE I and adding ALTERNATE 

II to read as follows: 

1852.216–80 Task ordering procedure. 

* * * * * 

Alternate I (Date) 

As prescribed in 1816.506–70(a), 

insert the following paragraph (i): 

(i) Contractor shall submit progress 

reports, as required. When required, the 

reports shall contain, at a minimum, the 

following information: 

(1) Contract number, task order 

number, and date of the order. 

(2) Total estimated dollar amount of 

task order(s). 

(3) Cost and hours incurred to date for 

each issued task order. 

(4) Costs and hours estimated to 

complete each issued task order. 

(5) Significant issues/problems 

associated with a task order. 

(6) Cost summary of the status of all 

task orders issued under the contract. 

(7) Invoice number. 

Alternate II (Date) 

As prescribed in 1816.506–70(b), 

insert the following paragraph (i): 

(i) Contractor shall submit progress 

reports, as required. When required, the 

reports shall contain, at a minimum, the 

following information: 

(1) Contract number, task order 

number, and date of the order. 

(2) Price and billed amounts to date 

for each task order. 

(3) Significant issues/problems 

associated with the task order. 

(4) Status of all task orders issued 

under the contract. 

(5) Invoice number. 

1852.232–80 [Amended] 

■ 5. Amend section 1852.232–80 by— 

■ a. Revising clause title and date; 

■ b. In paragraph (b), removing the 

words ‘‘submit all vouchers 

electronically using’’ and adding the 

words ‘‘submit all vouchers and 

invoices using’’ in its place; 

■ c. Revising paragraphs (c) and (d); and 

■ d. In paragraph (e), removing the word 

‘‘vouchers’’ and adding ‘‘vouchers/ 

invoices’’ wherever it occurs. 

The revisions read as follows: 

1852.232–80 Submission of vouchers/ 

invoices for payment. 

As prescribed in 1832.908–70, insert 

the following clause: 

Submission of Vouchers/Invoices for 

Payment (Date) 

* * * * * 

(c) Payment requests. (1) The payment 

periods are stipulated in the payment 

clause(s) contained in this contract. 

(2) Vouchers submitted under costtype contracts and invoices submitted 

under fixed-price contracts shall 

include the items delineated in FAR 

32.905(b) supported by relevant back-up 

documentation. Back-up documentation 

shall include at a minimum, the 

following information: 

(i) Vouchers. (A) Breakdown of billed 

labor costs and associated contractor 

generated supporting documentation for 

billed direct labor costs to include rates 

used and number of hours incurred. 

(B) Breakdown of billed other direct 

costs (ODCs) and associated contractor 

generated supporting documentation for 

billed ODCs. 

(C) Indirect rate(s) used to calculate 

the amount of billed indirect expenses. 

(D) Progress reports, as required. 

(ii) Invoices. (A) Description of goods 

and services delivered as part of the 

contract’s terms and conditions, 

including the dates of delivery/ 

performance. 

(B) Progress reports, as required. 

(C) Date goods and services were 

performed. 

(iii) Fee vouchers. (A) Listing of all 

provisionally-billed fee by period or 

date earned since contract award. 


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Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Proposed Rules 43513 

(B) A reconciliation of all billed and 

earned fee. 

(C) A clear explanation of the fee 

calculations. 

(d) Non-electronic payment requests. 

The Contractor may submit a nonelectronic voucher/invoice using the 

steps for non-electronic payment 

requests described at https://

www.nssc.nasa.gov/vendorpayment, 

when any of the following conditions 

are met: 

(1) The Contracting Officer 

administering the contract for payment 

has determined, in writing, that 

electronic submission would be unduly 

burdensome to the Contractor. 

(2) The contract includes provisions 

allowing the contractor to submit 

vouchers or invoices using the steps for 

non-electronic payment. In such 

instances the Contractor agrees to 

submit non-electronic payment requests 

using the method or methods specified 

in Section G of the contract. 

* * * * * 

[FR Doc. 2017–19542 Filed 9–15–17; 8:45 am] 

BILLING CODE 7510–13–P 


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