[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Rules and Regulations]
[Pages 70291-70292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33521]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 52
[FAC 97-10; FAR Case 97-011; Item IX]
RIN 9000-AH73
Federal Acquisition Regulation; Evidence of Shipment in
Electronic Data Interchange (EDI) Transactions
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed on a final rule amending
the Federal Acquisition Regulation (FAR) to facilitate the use of
electronic data interchange (EDI) transactions and to streamline the
payment process when supplies are purchased on a free on board (f.o.b.)
destination basis with inspection and acceptance at origin.
EFFECTIVE DATE: February 16, 1999.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405, (202) 501-4755, for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Linda Nelson, Procurement Analyst, at (202) 501-
1900. Please cite FAC 97-10, FAR case 97-011.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule revises the clause at FAR 52.247-48 to facilitate
the use of EDI for submission of invoices under contracts awarded on an
f.o.b. destination basis with inspection and acceptance at origin. The
rule eliminates requirements for contractors to provide evidence of
shipment with invoices for payment under such contracts. However,
contractors are required to retain, and to make available to the
Government for review as necessary, the evidence of shipment
documentation for a period of 3 years after final payment under the
contract.
A proposed rule was published on January 27, 1998 (63 FR 4074). Six
sources submitted comments in response to the proposed rule. All
comments were considered in the development of the final rule.
This regulatory action was not subject to Office of Management and
Budget review under Executive Order 12866, dated September 30, 1993,
and is not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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 rule applies to a
limited number of contracts, i.e., contracts for the purchase of
supplies on an f.o.b. destination basis with inspection and acceptance
at origin. Therefore, the rule is estimated to affect only a small
number of entities, both large and small.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 96-511) is deemed to apply
because the final rule contains information collection requirements.
Accordingly, a revised paperwork burden under OMB Clearance 9000-0061
reflecting a slight increase to the hours will be forwarded to the
Office of Management and Budget under 44 U.S.C. 3501, et seq. Public
comments concerning this request were invited through a Federal
Register notice published on January 27, 1998. No comments were
received.
List of Subjects in 48 CFR Part 52
Government procurement.
[[Page 70292]]
Dated: December 14, 1998.
Ralph DeStefano,
Acting Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Part 52 is amended as set forth below:
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1. The authority citation for 48 CFR Part 52 continues to read as
follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Section 52.247-48 is revised to read as follows:
52.247-48 F.o.b. Destination--Evidence of Shipment.
As prescribed in 47.305-4(c), insert the following clause:
F.o.b. Destination--Evidence of Shipment (Feb 1999)
(a) If this contract is awarded on a free on board (f.o.b.)
destination basis, the Contractor--
(1) Shall not submit an invoice for payment until the supplies
covered by the invoice have been shipped to the destination; and
(2) Shall retain, and make available to the Government for
review as necessary, the following evidence of shipment
documentation for a period of 3 years after final payment under the
contract:
(i) If transportation is accomplished by common carrier, a
signed copy of the commercial bill of lading for the supplies
covered by the Contractor's invoice, indicating the carrier's intent
to ship the supplies to the destination specified in the contract.
(ii) If transportation is accomplished by parcel post, a copy of
the certificate of mailing.
(iii) If transportation is accomplished by other than common
carrier or parcel post, a copy of the delivery document showing
receipt at the destination specified in the contract.
(b) The Contractor is not required to submit evidence of
shipment documentation with its invoice.
(End of clause)
[FR Doc. 98-33521 Filed 12-16-98; 8:45 am]
BILLING CODE 6820-EP-P
