RAR Part 1432

WBR 1432.103 Progress payments under construction contracts.
In solicitations and contracts for construction, when the Schedule contains a separate line item for mobilization and preparatory work it shall clearly state any not-to-exceed percentage amount associated with the line item and the clause prescribed by WBR 1432.111-80 shall be used for making payments under this item.

WBR 1432.111 Contract clauses for non-commercial purchases.

WBR 1432.111-80 Reclamation contract clause.
The CO shall insert a clause substantially the same as the clause at WBR 1452.232-81 , Payment for Mobilization and Preparatory Work -- Bureau of Reclamation, in solicitations and contracts for construction when a separate line item for mobilization and preparatory work is included in the Schedule. When the contract specification contains a paragraph entitled "Construction Program," the clause shall be used with its Alternate I. When the solicitation or contract contains multiple schedules with mobilization and preparatory work on more than one schedule, the clause shall be used with its Alternate II. When the contract specification contains a paragraph entitled "Construction Program" and the solicitation or contract contains multiple schedules with mobilization and preparatory work on more than one schedule, the clause shall be used with its Alternate III.

SUBPART WBR 1432.6 -- CONTRACT DEBTS

WBR 1432.605 Responsibilities and cooperation among Government officials. The CO is responsible for determining the amount of a contract debt and for notifying the authorized billing office of the debt.

SUBPART WBR 1432.7 -- CONTRACT FUNDING

WBR 1432.704 Limitation of cost or funds.

WBR 1432.704-80 Reclamation incrementally funded firm-fixed-price contracts. Pursuant to Section 12 of the Reclamation Project Act of 1939 (43 U.S.C. 388), Reclamation is authorized to enter into incrementally funded firm-fixed-price contracts for construction and related supply and service contracts when funds are not available to fully fund the contract at award.

WBR 1432.705 Contract clauses.

WBR 1432.705-80 Reclamation contract clause. The CO shall insert the clause at WBR 1452.232-80 , Limitation of Funds (Fixed-Price Contract) -- Bureau of Reclamation, in solicitations and contracts for construction and for related supplies or services when an incrementally funded, firm-fixed-price contract is contemplated. Instructions for completing paragraph (b) of the clause and for adjusting the notification requirements of paragraph (d) are contained in WBR 1452.232-80 .

SUBPART WBR 1432.9 -- PROMPT PAYMENT

WBR 1432.900 Scope of subpart. This subpart prescribes Reclamation policies, procedures, clauses, and formats to ensure prompt payment and implement the recommendations of the Reclamation Prompt Payment Act Committee as approved by the Assistant Commissioner -- Administration on December 30, 1991.

WBR 1432.903 Policy. The CO may assist contractors, on an as-needed basis, in the preparation of invoices by discussing and reaching agreement on the stage of progress, items delivered, or work performed. However, the contractor has the final responsibility for preparation of invoices.

WBR 1432.903 Responsibilities. The Reclamation desk guide entitled " Guide for Processing Receiving Reports and Invoices (Jan 92)" contains uniform procedures for receipt and timely processing of receiving reports and invoices to foster prompt payment to contractors under FAR Subpart 32.9. Copies may be obtained from Property and Office Services, D-7910.

WBR 1432.905 Payment documentation and process.

(a) The CO may assist contractors, on an as-needed basis, in the preparation of invoices by discussing and reaching agreement on the stage of progress, items delivered, or work performed. However, the contractor has the final responsibility for preparation of invoices.
(b) When a construction contract specification contains a "Construction Program" paragraph, the progress update reports required must be included with the contractor's payment request to constitute a proper invoice (as authorized in subparagraph (a)(2)(xi) of the clause at FAR 52.232-27, Prompt Payment for Construction Contracts). The clause prescribed in WBR 1432.908-80(a) shall be used for implementing this policy.

(c)(1) Upon receipt of the contractor's invoice payment request under a construction contract, the CO shall attach (and approve the progress or final payment by signing), a completed Contract Summary and Voucher (using a format similar to the format illustrated in WBR 1453.303-1432-1) on the front of the invoice payment request and transmit the request to Finance and Accounting Services, Operations Group, D-7730 for processing.

(2) In instances where technical data are required to be delivered by a separate contract line item in the Schedule, the CO may retain amounts adequate to protect the Government's interests if the data are not delivered by the required date. The clause prescribed in WBR 1432.908-80(b) shall be used for this purpose.

WBR 1432.908 Contract clauses.

WBR 1432.908-80 Reclamation contract clauses.

(a) The CO shall insert a clause substantially the same as the clause at WBR 1452.232-81 , Payment for Mobilization and Preparatory Work -- Bureau of Reclamation, in solicitations and contracts for construction when a separate line item for mobilization and preparatory work is included in the Schedule. When the contract specification contains a paragraph entitled "Construction Program," the clause shall be used with its Alternate I.

(b) The CO shall insert a clause substantially the same as the clause at WBR 1452.232-82 , Other Invoice Requirements -- Bureau of Reclamation, in all solicitations and contracts for construction when the specification contains a "Construction Program" paragraph.

WBR 1432.980 Fund reservation and invoice payment tracking system.

(a) In all instances where the reservation of funds is not equal to the total contract price, the CCO shall establish and maintain a tracking system which identifies and maintains the current status of --

(1) The amount of funds and the document used to reserve funds for payment;

(2) A record of all contractor invoices submitted for payment; and

(3) The balance of funds remaining for future payment.

(b) Contracting offices are encouraged to use existing systems for the purpose of compliance with the tracking requirement.

SUBPART WBR 1432.11 -- ELECTRONIC FUNDS TRANSFER

WBR 1432.1103 Applicability.

The Department of the Interior has redelegated authority to approve EFT Waiver Conditions 2 to 7 cited in FINANCIAL ADMINISTRATION MEMORANDUM (FAM) 98-034 to Bureau Chief Financial Officers (CFO). This authority has been redelegated to the Manager, Operations Group, Finance and Accounting Services (D-7730). These waivers become effective when approved by the Manager, Operations Group. Waiver Conditions 2 to 7 are as follows:

(a) Condition 2. The political, financial, or communications infrastructure in a foreign country does not support payment by EFT.

(b) Condition 3. Where the payment is to a recipient within an area designated by the President or an authorized agency administrator as a disaster area. This waiver is limited to payments made within 120 days after the disaster is declared.

(d) Condition 5. Where payment by EFT may pose a threat to national security, the life or physical safety of an individual may be endangered, or a law enforcement action may be compromised.

(e) Condition 6. Where the agency does not expect to make more than one payment to the same recipient within a one-year period, i.e., the payment is non-recurring, and the cost for making the payment by EFT exceeds the cost of making the payment by check. (For DOI, "agency" may be interpreted to mean "bureau".)

(f) Condition 7. Where an agency's need for goods and services is of such unusual and compelling urgency that the Government would be seriously injured unless payment is made by a method other than by EFT; or where there is only one source for goods or services and the Government would be seriously injured unless payment is made by a method other than EFT.

WBR 1432.1110 Solicitation provision and contract clauses.

(a) Prior to solicitation, the CO shall forward to the Manager, Operations Group (D-7730) any recommendation for an EFT waiver based on one of the Waiver Conditions referenced at WBR 1432.1103. (However, this paragraph constitutes a blanket waiver for the scenario described at WBR 1432.11-80(c).) If the recommendation is not approved, the CO shall include the clause at FAR 52.232-34 , Payment by Electronic Funds Transfer - Other than Central Contractor Registration, in the solicitation and resulting contract.

WBR 1432.11-80 Vendor express (VX) payments procedures.

(a) Waivers certified by individuals. In addition to EFT Waiver Conditions 2 to 7 cited at WBR 1432.1103, FAM 98-034 cites Waiver Condition 1 which allows individuals (e.g., sole proprietors), with or without an account with a financial institution, to self-determine that payment by EFT would impose a hardship due to either a physical or mental disability or a geographic, language, or literacy barrier or that the use of EFT would impose a financial hardship. The waiver is based on the individual's self-assessment that a hardship exists. This waiver is set forth on the EFT Waiver Request Form http://www.usbr.gov/pmts/acquisitions/et/0312.html and is effective upon the date of receipt by the Government.

(b) Contracting officer responsibilities. Contracting officers shall:

(1) Using a format similar to WBR 1453.303-1432-2, request contractors to complete the ACH Vendor Enrollment Form (including any waiver request pursuant to WBR 1432.11-80(a)), and return it to the Finance and Accounting Services, Attention: D-7730, for each acquisition, including those using simplified acquisition procedures; (Facsimile copies of the signed form are acceptable.) and

(2) Require contractors to submit a separate form for each financial institution the contractor intends to use for payments;

(c) Invoices with multiple account numbers. Contracting officers shall not use the VX system if invoices will contain payments to more than two different accounting and appropriation account numbers.

(d) Multiple invoice numbers. Contractors listing more than two invoice numbers on an invoice for payment may use the VX system if they submit a summary invoice listing all the attached invoices.

(e) Obtaining publications. Contracting officers can obtain VX publications, at no expense, including:

(1) The Vendor Express, A Government System that Pays;

(2) Vendor Express and the Federal Agency;

(3) Vendor Express and the Vendor (Customer); and

(4) Vendor Express and the Bank (Vendor Account). These publications can be ordered from: Kansas City Regional Financial Center, Code: US TREAS 310, (913) 236-3470.

(f) (The ACH form. An electronic copy of the ACH Vendor Enrollment Form, with prescribed agency information is available at http://www.usbr.gov/pmts/acquisitions/et/0312.html .

(g) Obtaining information from contractors. Contracting officers shall:

(1) ) Send the ACH Vendor Enrollment Form and the EFT Waiver Request Form to the contractor at the time of award;
(2) Have the contractor complete the form and forward it to the financial institution;
(3) Have the financial institution complete the financial institution information and return the form to FAS;

(h) Payment Advice Internet Delivery (PAID). PAID is a Treasury Internet program that allows vendors to access remittance information. Vendors with Internet access may register for this service at http://www.fms.treas.gov/paid/index.asp .