NAO
203-31
PAYMENT
OF INVOICES
Issued
05/22/90; Effective 04/24/90
SECTION
1. PURPOSE.
.01 This Order establishes the policies, responsibilities
and procedures for the payment of goods and services
acquired from contractors under Federal contracts,
purchase orders, and other purchase agreements.
.02
This Order has been revised to implement changes
made by the Prompt Payment Act Amendments of 1988,
Public Law 100-496.
SECTION
2. SCOPE.
.01 General. The provisions of this Order apply to
all organizational units of NOAA ordering, receiving,
accepting, and paying for goods and services from contractors.
.02 Payment
Systems. NOAA uses two primary systems
for processing administrative payments, the Department-wide
Administrative Payments System (APS) and the NOAA Payment
System.
a. Administrative
Payments System (APS). The APS processes
payments in a highly automated manner with minimal
review by paying office personnel. The Administrative
Support Centers (ASCs) or Management Service Center
enter key data e lements into the APS from purchase
agreements, receiving reports and invoices. Based on
this information, the APS automatically calculates
payment due dates, late payment interest penalties,
discounts (and whether they should be taken) and generates
a pa yment request to the U.S. Treasury.
1. The APS is used to process the following types
of administrative payments: purchase order-one time
contractor payment (type 40); purchase order-advance
payment (type 41); purchase order-automatic cyclic
payment (type 42); purchase order-anticipate d recurring
contractor payment (type 43); domestic and foreign
travel and transportation (types 20, 23, 24, 25, 26,
27 and 28); Federal Standard Requisitioning and Issuing
Procedures (FEDSTRIP) (type 13); imprest fund (type
30), and General Services Admin istration Customer
Supply Center (type 34).
2. The ASCs are not responsible for the functions
and calculations performed automatically by the APS.
They are, however, responsible for the accuracy and
control of the data they enter into the APS. The paying
office procedures con tained in Section 7 of this Order
do not apply to payments made using the APS.
b. Financial
Management (FIMA) System. A subsidiary
payment system of FIMA, operated decentrally by each
ASC, is used for all other administrative payments.
ASCs enter data into the NOAA payment system from purchase
agreements, rece iving reports, and invoices. The NOAA
payment system automatically calculates late payment
interest penalties, discounts, payment due dates, and
generates payment requests to the U.S. Treasury. The
paying office procedures in Section 7 of this Order
app ly to administrative payments made using the NOAA
payment system.
SECTION
3. POLICY.
.01 General. When determining propriety for making
payments, contracts, purchase orders, receiving reports,
invoices, and other payment supporting documents will
be processed and approved in accordance with this Order.
.02 Timely
Payments. Payments shall be timely and
in accordance with contractual terms and conditions,
consistent with Treasury regulations (I TFM 6-8040.20)
or other applicable regulations. Payments shall be
made no more than seven (7) calendar days before the
payment due date. If no payment due date is specified
in the purchase agreement, the due date will be the
thirtieth (30th) calendar day from the time the invoice
is first received, as defined in Section 3.03 of this
Order be low. Payments will be made as close as possible
to the payment due date, or if appropriate, the discount
date. Payments are considered to be made on the date
a check is issued or a wire transfer is made.
.03 Determining the Receipt Date of Invoices.
a. An invoice for delivered goods or services is considered
to be received on the later of the following:
1. the date a proper invoice is actually received in the office designated in the purchase agreement
to receive the invoice; (See Section 3.03.b. of this
Order.) or
2. the seventh
(7th) calendar day after the date the
goods or services are actually delivered; or
3. the date the goods or services are actually accepted if acceptance occurs within seven (7) calendar days
of delivery; or
4. the actual date of acceptance if a longer acceptance
period is specified in the purchase agreement and acceptance
occurs within the allowed period.
b. If the office designated in the purchase agreement
to receive the invoice fails to annotate the invoice
with the date of its receipt, the invoice receipt date
becomes the date placed on the invoice by the contractor.
c. The receipt date of invoices without deliverables
(e.g., cost reimbursement invoices, progress or advance
payment requests, etc.) is the date a proper invoice
is received in the office designated in the purchase
agreement to receiv e such invoices.
.04 Late Payments.
a. When payments for delivered and accepted goods
or services are made late, interest and penalties shall
be paid as required by the Prompt Payment Act.
b. Late payment interest and additional penalties
will be paid automatically without the need for requests
by contractors.
c. Late payment interest and additional
penalties shall be paid out of funds made available
for the administration
or operation of the program for which the penalty was
incurred, and recorded as an obligation and expense
under object class 4301 or 430 3, "Prompt Payment
Act Penalty Payments (Non-APS Document Types)," or
object class 4310 or 4311, "Prompt Payment Act
Penalty Payments (Paid through APS)" in the NOAA
Financial Management (FIMA) system. Obligations for
late payment interest and additional penalties will
be added to the obligations of the related purchase
agreement without an amendment or modification to the
purchase agreement.
d. Payment of an interest
penalty is required when
all the following conditions are met:
1. there is a valid contract, purchase order, or other
purchase agreement with a contractor to furnish goods
or services including the transportation of persons
or property and it is covered by the Prompt Payment
Act or other interest penalty terms in the purchase
agreement;
2. a proper invoice has been received (except where
no invoice is required, e.g., some periodic lease payments)
or notification is not given to the contractor within
seven (7) calendar days that the invoice is not proper
(three (3) calendar days for m eat products and five
(5) calendar days for perishable agricultural commodities,
dairy products, and edible fats and oils);
3. acceptance of goods or services has occurred and
there is no disagreement over quantity, quality, or
compliance with contractual provisions, and
4. the date payment is made to the contractor is after
the due date.
e. An interest penalty payment is also required if
a discount is taken after the discount period has expired.
f. Payment of an additional
penalty is required when
the contractor:
1. is owed a late payment interest penalty;
2. receives a payment after the payment due date which
does not include the interest penalty due;
3. is not paid the interest penalty within ten (10)
calendar days after the date on which a late payment
is made, and
4. makes a written demand for a late payment interest
penalty, not later than forty (40) calendar days after
the date on which a late payment is made.
g. The additional penalty shall be equal to one hundred
(100) percent of the original late payment interest
penalty effective January 22, 1990.
.05 Late
payment interest and additional penalties are not applicable and shall not be paid under the
Prompt Payment Act for the following:
a. when payment is delayed because of a disagreement
over the amount of the payment or contractual compliance;
b. for the time that amounts are temporarily withheld
under the terms of the purchase agreement;
c. advance payments for such things as rent, tuition,
insurance premiums, subscriptions, etc., unless late
payment terms are specified in the purchase agreement;
d. payments made solely for contract financing purposes
(such as advance payments, interim payments on cost
reimbursement contracts, progress payments based on
costs, or progress payments based on a percentage or
stage of completion) other than paymen ts of fixed-price
construction or architect-engineer contracts paid under,
respectively, FAR clauses 52.232-5 and 52.232-10; (Contract
financing does not include payments for partial deliveries
accepted by NOAA or partial payments for contract termination
which may be subject to late payment interest and additional
penalties.)
e. contracts for utilities or informal contracts for
the purchase of utilities that include provisions for
late payment charges established through the rate setting
process;
f. interest and penalties will not be computed until
proper invoices are received in the designated billing
office;
g. interest and penalty amounts totaling less than
one dollar per invoice;
h. purchase agreements awarded before October 1, 1982
unless they have been amended to incorporate Prompt
Payment Act provisions;
i. payments made to recipients of grants, loans or
other Federal assistance, and
j. payments made for utility services acquired under
terms required by other governmental authorities not
subject to the Prompt Payment Act (e.g., tariffs).
.06 Discounts shall not be taken unless payment is
made by the end of the discount period and the discount
is cost beneficial to the Government. (See Sections
7.05.c. and 7.06.d. of this Order.)
.07 Notice of an error, defect, or impropriety in
an invoice or written request for payment shall be
given to a contractor orally, but suitably documented,
or in writing within seven (7) calendar days of its
receipt (three (3) calendar days for meat o r meat
food products and five (5) calendar days for perishable
agricultural commodities, dairy products, and edible
fats and oils). The requirements for a proper invoice
are explained in Section 7.02.b. of this Order.
.08 Interest penalties shall not continue to accrue:
a. after the filing of a claim for such penalties
under the Contract Disputes Act of 1978; or
b.
for more than one (1) year.
SECTION
4. REFERENCES.
.01 Department of Commerce Department Administrative
Order (DAO) 203-31 establishes the policies and procedures
for payment of bills on time and payment of interest
penalties when payments are made late.
.02 Treasury Financial Manual (TFM), Parts 4 and 6,
Volume I, provides disbursement guidelines and cash
management principles for Federal agencies.
.03 Federal Acquisition Regulation (FAR), Subparts
32.9, 52.232, and 52.237 concerning payment policies,
payment clauses, advance payments, progress payments,
and partial payments.
.04 General Accounting Office (GAO) Manual for Guidance
of Federal Agencies, Title 7, provides guidelines and
principles for fiscal operations of Federal agencies.
.05 Office of Management and Budget
(OMB) Circular A-125, "Prompt Payment," prescribes
policies and procedures to be followed by executive
departments
and agencies in paying for goods and services acquired
from contractors.
.06 Prompt Payment Act, as amended by Public Law 100-496,
requires Federal agencies to pay their bills on time,
to pay interest and penalties when certain payments
are made late, and to take discounts only when payments
are made within the discount pe riods.
.07 Packers and Stockyards Act of 1921, Section 2(a)(3)
[7 U.S.C. 182(3)] specifies that payment for meat or
meat food products will be made as close as possible
to, but not later than, the seventh (7th) day after
the date of product delivery. This w as further defined
by Public Law 98-181 to include poultry, poultry products,
eggs and egg products.
.08 Perishable Agricultural Commodities Act of 1930,
Section 1(4) [7 U.S.C. 499a(4)] specifies that payment
for perishable agriculture commodities will be made
as close as possible to, but not later than, the tenth
(10th) day after the date of product delivery, unless
another day is specified in the contract.
.09 Dairy Production Stabilization Act of 1983 [7
U.S.C. 4502(e)] requires payment for dairy products,
fats, oils, and related food products to be made not
later than ten (10) days after the date on which a
proper invoice is received.
.10 Contracts Disputes Act of 1978, Section 12 [41
U.S.C. 611] requires the Secretary of the Treasury
to publish the Renegotiation Board Interest Rate.
.11 Federal Property Management Regulations,
Subpart 101-41.4, "Standards for the Payment of Charges
for Transportation Services Furnished for the Account
of the United States," sets forth standards for
the payment of charges for the transportation of persons
or property for or on behalf of the United States.
.12 Department of Commerce Administrative Payments
Manual outlines the procedures and documents required
for payments processed through the Department of Commerce
Administrative Payments System.
.13
Small Business Act [15 U.S.C. 644(k)] requires the
Department of Commerce Office of Small and Disadvantaged
Business Utilization to provide assistance to small
contractors in obtaining payments due them including
late payment interest and addition al penalties.
SECTION
5. DEFINITIONS.
.01 Acceptance. The acknowledgement by the Government
that goods and services received conform with the requirements
of the purchase agreement.
.02 Applicable
Interest Rate. The interest
rate established by the Secretary of the Treasury
under Section 12 of
the Contract Disputes Act of 1978 [41 U.S.C. 611].
This rate is called the "Renegotiation Board Interest
Rate," the "Co ntract Disputes Act Interest
Rate," and the "Prompt Payment Act Interest
Rate" and is published semiannually on or about
January 1 and July 1 of each year. The latest rate
can be obtained from Treasury by calling Area Code
(202) 566-5651.
.03 Contract
Financing Payment. Payments made prior
to the acceptance of supplies or services including
advance payments, progress payments based on cost,
progress payments (other than under construction contracts
or architect-engine er contracts) based on a percentage
or stage of completion, and interim payments on cost-type
contracts. These do not include invoice payments or
payments for partial deliveries.
.04 Contractor. Any person or organization engaged
in a profession, trade, or business; and not-for-profit
entities (including educational institutions and State
and local governments, but excluding Federal entities)
operating as con tractors.
.05 Day. Represents calendar day(s), including weekends
and holidays, unless otherwise indicated.
.06 Designated
Billing Office. The office or employee
named in the purchase agreement to first receive invoices.
.07 Designated
Payment Office. The finance office
named in the purchase agreement for payment of invoices.
.08 Due
Date. The date on which Federal payment must
be made. If the due date falls on a nonworking day
(e.g., Saturday, Sunday, Federal holiday), then due
date means the next working day. Determination of such
dates is discussed i n Section 7.05 of this Order.
.09 Discount
Date. The date by which, if payment is
made, a specified discount can be taken.
.10 Payment
Date. The date of the check issued in
payment or the date a wire transfer is made.
.11 Proper
Invoice. A bill or written request for
payment provided by a contractor for goods or services
rendered. A proper invoice must be prepared in accordance
with contractually specified provisions and meet the
requirements out lined in Section 7.02.b. of this Order.
.12 Purchase
Agreement. Any enforceable agreement
including rental and lease agreements, purchase orders,
contracts, SF-44s, training requests, delivery agreements,
blanket purchase agreements and other agreements between
NOAA and a contractor for the acquisition of goods
or services.
.13 Receipt
of Invoice. See Section 3.03 of this Order.
.14 Receiving
Report. The written evidence of acceptance
of goods or services by a Government official. Receiving
reports must meet the requirements outlined in Section
7.04.d. of this Order.
SECTION
6. RESPONSIBILITIES.
.01 Director, Office of Administration shall:
a. establish and maintain procedures covering the
payment process to assure that invoices are reviewed,
processed, and paid in accordance with applicable regulations
and the terms and conditions of the purchase agreement;
(These procedures must includ e provisions for routinely
responding to contractor inquiries and complaints,
determining the causes of any late payment interest
and penalties paid, and for taking necessary corrective
or disciplinary action to ensure compliance with the
Prompt Payment A ct and OMB Circular A-125.)
b. submit consolidated quarterly and annual prompt
payment reports specified in Section 7.10 of this Order
to the Department of Commerce, Office of Finance and
Federal Assistance, and the Office of the Comptroller,
Financial Management Division, by th e due dates;
c. sign the annual prompt payment report, and
d. assure that timely bill payment is established
as a rating criterion in ASC finance employees performance
plans.
.02 Heads
of Contracting Offices (HCOs), through designated
Contracting Officers, shall:
a. assure that payment provisions, as outlined in
Section 7 of this Order, are included in purchase agreements
and that copies of all purchase agreements and modifications
are furnished to the designated payment office immediately
upon award; (Purchas e agreements covered by the Prompt
Payment Act or other interest penalty terms must be
clearly identified for the designated payment office.)
b. review and approve invoices for payment or delegate
such authority to other officials;
c. determine the acceptability of goods and services
delivered or delegate such authority to other officials;
d. provide copies of delegations of authority to approve
invoices to the designated payment office; (In most
instances this information should be in the purchase
agreement.)
e. settle disputes between contractors and designated
payment offices concerning late payment interest and
additional penalties in accordance with contractual
terms and conditions;
f. assist designated billing and payment office personnel,
as needed, to effect prompt and proper payments;
g. ensure, as appropriate, that purchase agreements
specify an acceptance period following delivery beginning
with the date of delivery and ending on a precisely
determinable date on which the goods or services are
to be accepted or rejected, and
h. ensure, whenever practical, that purchase agreements
provide for payment of multiple invoices for multiple
deliveries during the same performance period with
one payment.
.03 ASC
Finance Chiefs or designees shall:
a. certify schedules for payment of invoices processed
outside of the APS;
b. approve invoices for payment when delegated authority
to do so;
c. date stamp or otherwise annotate receiving reports
and invoices with the date received in the payment
office;
d. determine payment due dates of invoices, if applicable;
e. compute discounts, late payment interest and additional
penalties, if applicable;
f. assure that payments are scheduled so that check
issuance or wire transfer occurs as close as possible
to the due date after receiving all of the documents
needed to effect payment (thirty (30) days if not specified)
or the discount date;
g. determine on a case-by-case basis for specific
invoices that payment should be made more than seven
(7) days prior to the due date; (Written justification
must be prepared in each case to provide an auditable
record of the reasons.)
h. ensure that invoices are proper and provide the
contractor with oral but documented, or written notification
of an improper invoice if notification was not given
previously by the designated billing office or the
Contracting Officer;
i. assure that local procedures and practices result
in prompt and proper payments and conform with the
policies and procedures contained in this Order;
j. prepare and submit reports required by Section
7.10 of this Order, and
k. establish a quality control (QC) program to assess
performance of payment systems and provide a reliable
way to estimate performance. QC programs must fulfill
the following requirements:
1. QC must be a systematic performance measurement
system in place throughout NOAA which provides managers
information about problems and assists in targeting
corrective action. QC data must be accurate to within
established tolerances and should be used to fulfill
the annual reporting requirements in Section 7.10 of
this Order.
2. Data should be gathered as frequently as needed
by the ASC Finance Divisions to identify and correct
errors. Rapidly changing situations may require frequent
data collection.
3. Information must be collected through a process
at least as thorough as the original payment decision
process. QC reviewers must use original documents and
repeat the original calculations.
4. Where the number of payment actions is too numerous
to permit a total review, data should be gathered on
the basis of a statistically valid sample sufficient
to assure the reliablity of QC reviews conducted, without
unduly burdening ASC Finance Di vision resources.
5. Data must be collected by individuals who are independent
from the original payment decision. Thus, first-line
supervisory reviews, while an excellent way to improve
processing, are not QC reviews.
6. Analysis of QC data will result in remedial action
targeted to correct objectively determined error causes.
.04 Line
Office/Staff Office (LO/SO) employees shall:
a. monitor contractor performance and advise procurement
and payment office officials when circumstances prevent
invoice payment;
b. approve invoices for payment in accordance with
Section 7.04 of this Order when delegated the authority
to be the designated billing office so that approved
invoices or receiving reports are received by the designated
payment office within five (5) working days after acceptance
or notify the contractor within seven (7) days in accordance
with Section 3.07 of this Order when invoices can not
be approved; (If part of a delivery is acceptable and
can be used independently of the defective goods or
se rvices, complete and forward a partial receiving
report to the designated payment office. When the defect
is corrected, a final receiving report or approved
invoice must be promptly submitted to the payment office.)
c. ensure that a longer acceptance period is specified
in the procurement request (e.g., Form CD-435) if goods
or services are being ordered which cannot be properly
inspected and accepted within seven (7) days of receipt,
(The acceptance period will be cited in the purchase
agreement resulting from the procurement request.)
and
d. assure that acceptability of deliverables is determined
within the contractually specified inspection period
(or within five (5) working days of delivery where
no inspection period is specified) and prepare the
proper acceptance/rejection document indicating the
date(s) of acceptance or nonacceptance when a purchase
agreement provides for deliverables. (Receiving reports
must be forwarded to and received by the designated
payment office within five (5) working days after acceptance.)
.05
Comptroller, through the Chief, Financial Management
Division (BF2), shall establish and maintain policies
and procedures for the payment of invoices.
SECTION
7. PROCEDURES.
.01 General. Three documents are required to assure
that payments are properly authorized and correct.
There must be:
a. a valid contract, purchase order, or similar purchase
agreement;
b. a proper invoice from the contractor, or in the
absence of an invoice, specific contract authority,
and
c. a receiving report or comparable evidence stating
that the goods or services ordered have been received,
inspected, and accepted. (In the case where there is
no product [e.g., progress payments, long-term research,
cost-reimbursement, etc.], the c ontracting officer
or designee must approve the request for payment.)
.02 Preparation of Invoices.
a. Invoices are to be prepared in accordance with
the terms and conditions of the purchase agreement.
The invoice should include the required contract identification
numbers, specific listings of tasks or phases, as applicable
and in such detail as p rescribed in the purchase agreement.
b. A proper
invoice must include:
1. the name of the contractor and the address where
payment is to be sent;
2. the contract number or other Government authorization
number for delivery of the goods or services (including
order number and contract line item number);
3. the description, quantity, unit of measure, unit
price, and extended price of goods and services delivered
or rendered;
4. the shipping and payment terms (e.g., shipment
number and date of shipment, prompt payment discount
terms) and such other substantiating documentation
required by the purchase agreement; (Bill of lading
number and weight of shipment must be shown f or shipments
on Government bills of lading.)
5. the invoice date, and
6. the name (where practical), title, phone number,
and mailing address of person to be notified in event
of a defective invoice.
.03 Payment
Provisions. Purchase agreements shall
include, at a minimum, the following payment provisions:
a. the payment due date(s) (thirty (30) days if not
otherwise specified) and other payment terms as appropriate;
b. if applicable, a statement that the special payment
provisions of the Packers and Stockyards Act of 1921
[7 U.S.C. 182 (3)], the Perishable Agricultural Commodities
Act of 1930 [7 U.S.C. 499a(4)], or the Dairy Production
Stabilization Act of 1983 [ 7 U.S.C. 4502(e)] applies;
c. a stated inspection period following delivery,
where necessary, for Government acceptance of goods
or services;
d. the names, phone numbers, and complete mailing
addresses of: the responsible official of the contractor;
the office designated in the purchase agreement to
receive invoices; the designated payment office; and
the office responsible for responding to contractor
payment inquiries and complaints if different than
the designated payment office;
e. the cash or trade discount, if any, and
f. where appropriate, such as in blanket purchase
agreements, purchase agreements should provide for
payment of multiple invoices for multiple deliveries
during the same performance period with one payment.
.04 Designated
Billing Office Payment Approval. The
prepayment actions specified in this section must be
performed with a minimum of delay to allow for timely
payments.
a. Upon receipt in the office designated in the purchase
agreement to receive the invoice, the invoice shall
be dated, stamped or otherwise annotated with the actual
date received in that office.
b. Invoices shall be identified for expedited action.
c. Invoices shall be reviewed to make sure they are
proper (see Section 7.02 of this Order) and then approved
for payment if:
1. the related deliverables have been received and
accepted, or
2. the Contracting Officer or his/her designee determines
that the invoiced amount is payable under contractual
terms and conditions when there is no specific deliverable
(e.g., advance payments, progress payments, long-term
research, or cost reimburs ements, etc.). (In this
case, provisional approval to make payment subject
to final audit is acceptable.)
d. Receiving reports (or approved invoices used in
place of receiving reports) must be forwarded in time
to be received by the designated payment office by
the fifth (5th) working day after acceptance of the
goods or services. Receiving reports or ap proved invoices
must include the following:
1. the contract or other Government authorization
number;
2. a product or service description;
3. the quantities received and accepted, if applicable;
4. the date(s) goods or services were received;
5. the date(s) goods or services were accepted;
6. the signature (or electronic alternative when supported
by appropriate internal controls), printed name, title,
phone number, and mailing address of the authorized
accepting/approving official, and
7. the proper accounting classification(s).
e. The payment offices shall pay invoices and presume
the satisfactory delivery and acceptance of goods or
services on the basis of the approval to make such
payments from the Contracting Officer or his/her designee,
the accepting/approving official.
f. The designated billing office has primary responsibility
for notifying contractors of defective invoices within
seven (7) days of invoice receipt unless earlier notification
is required by the purchase agreement. (See Section
3.07 of this Order.) When submitting a corrected invoice
to the payment office, a copy of the defective invoice
annotated with the date it was returned to the contractor
and a copy of the explanation provided to the contractor
must be attached. The designated payment office and
the Contracting Officer will notify contractors if
defects in invoices are found during their reviews.
g. Requests for a progress payment under a construction
contract must include:
1. the identification of the various elements of work
required by the contract covered by the payment request;
2. a list of the amounts in the request included for
each subcontractor;
3. the total amounts to be paid to those subcontractors
under the contract;
4. the total payments previously made to each subcontractor;
5. additional supporting data in a form and detail
required by the contracting officer, and
6. certification by the prime contractor that to the
best of the prime contractor's knowledge and belief
that:
(a) the amounts requested are only for performance
in accordance with the specifications, terms, and conditions
of the contract;
(b) the payments to subcontractors and suppliers have
been made from previous payments received under the
contract and that timely payments will be made from
the proceeds of the payment requested in accordance
with their subcontract agreements and the requirements
of Chapter 39, Title 31, U.S.C., and
(c) the request does not include any amounts which
the prime contractor intends to withhold or retain
from a subcontractor or supplier in accordance with
the terms and conditions set forth in their subcontract.
.05 Determining Payment Due Dates.
a. When a payment due date is specified in the purchase
agreement, payment shall be made as close as possible
to that date. A payment due date specified in the invoice
will be ignored.
b. In the absence of a contractually stipulated payment
due date, payment shall be made as close as possible
to the thirtieth (30th) day after receipt of the invoice.
(See Section 3.03 of this Order.) A payment due date
specified in the invoice will be ignored.
c. When a time discount is taken, payment will be
made as close as possible to the discount date. Discounts
shall be taken from the date placed on the invoice
by the contractor to the discount date. If a contractor
did not place a date on the invoic e and the designated
billing office annotates the date of receipt, the discount
period begins when a proper invoice is received by
the designated billing office. Discounts will be taken
whenever economically justified, consistent with Treasury
regulation s (I TFM 6-8040.30). (See Exhibit 4 of this
Order for criteria to be used in determining cost effective
discounts.)
d. Advance payments shall be made on the contractually
stipulated payment days. If not stipulated, payment
shall be timed with the contractor's actual immediate
cash requirements for performing the contract work
in accordance with Treasury regulation s (I TFM 6-2000).
In the event that the Contracting Officer determines
that an audit or other review of a specific payment
request is necessary, the designated payment office
is not compelled to make payment by the due date specified
in the purchase agre ement. Upon completion of the
audit or review, any amounts authorized shall be paid
by the original due date. If the original due date
has passed, payment should be made as soon as possible.
e. Progress payments and interim payments under cost
reimbursement contracts (excluding construction contracts)
shall be paid on the contractually stipulated due dates.
If none are stipulated, payment shall be made as close
as possible to the thirtie th (30th) day after receipt
of the contractor's proper payment request. In the
event that the Contracting Officer determines that
an audit or other review of a specific payment request
is necessary, the designated payment office is not
compelled to make payment by the due date specified
in the purchase agreement. Upon completion of the audit
or review, any amounts authorized shall be paid by
the original due date. If the original due date has
passed, payment should be made as soon as possible.
f. Progress payments under construction contracts
(including monthly percentage-of-completion progress
payments or milestone payments for completed phases,
increments, or segments of any project) shall be made
as close as possible to the fourteenth (1 4th) day
after the date a proper payment request is received
unless another date is specified in the construction
contract.
g. Section 322(a) of the Transportation Act of 1940
[49 U.S.C.66] provides that payment for the transportation
of persons or property for, or on behalf of, the United
States by a carrier or forwarder shall be made within
thirty (30) days of presentati on of such bills and
before audit by the Administrator of the General Services
Administration or his/her designee. The payment of
these bills shall be contingent upon timely presentation
as required by the statute of limitation set forth
in 49 U.S.C. 66 and in accordance with guidance contained
in the regulation referenced in Section 4.11 of this
Order.
h. Payment for meat and meat food products shall be
made as close as possible to the seventh (7th) day
after the date of
product delivery unless another date is specified
in the purchase agreement.
i. Payment for perishable agriculture commodities
shall be made as close as possible to the tenth (10th)
day after the date of product delivery unless another
date is specified in the purchase agreement.
j. Payment for dairy products shall be made as close
as possible to the tenth (10th) day after the date
on which a proper invoice is received. Dairy products
includes, at a minimum, liquid milk, cheese, certain
processed cheese products, butter, yogu rt, ice cream,
edible fats or oils, and food products prepared from
edible fats or oils such as mayonnaise, salad dressings,
and other similar products.
k. On a final invoice where the payment amount is
subject to contract settlement actions (e.g., audit
of costs, disposition of government property, release
documents, etc.), acceptance occurs on the effective
date of the contract settlement by the Co ntracting
Officer. Payment of a proper final invoice shall be
made as close as possible to the thirtieth (30th) day
after the date of contract settlement unless the contract
specifies otherwise.
l. Payment of a final invoice not subject to contract
settlement actions shall be made as close as possible
to the payment due date specified in the purchase agreement.
If there is no contractually specified payment due
date, then pa yment shall be made as close as possible
to the thirtieth (30th) day after receipt (see Section
3.03 of this Order) of a proper final invoice unless
a time discount is taken.
m. Payment for partial deliveries of goods or partial
performance of services which are accepted shall be
made by the due date specified in the purchase agreement.
Without a contractually specified due date, payment
shall be made as close as possible to the thirtieth
(30th) day after receipt of the invoice. (See Section
3.03 of this Order.) A payment due date specified in
the invoice will be ignored.
n. When mixed invoices are received containing items
with different due dates, payments may be split in
order to meet the due date for each item. Interest
must be paid if some items are paid for after their
due date. Contractors should be encouraged , but not
required, to submit separate invoices for items with
different payment periods.
.06 Calculation
of late payment interest and additional penalties on invoices subject to the Prompt Payment
Act shall be determined using the following guidelines:
a. The applicable interest rate for calculating interest
penalties is established by the Secretary of Treasury
under Section 12 of the Contract Disputes Act of 1978
[41 U.S.C. 611] except where the interest rate is prescribed
by other governmental aut hority (e.g., tariffs).
b. Whenever a proper invoice (or periodic payment
where no invoice is required) is paid after the due
date, interest will be included with the payment at
the applicable interest rate in effect on the day after
the payment due date. (See Exhibit 1 of this Order.)
c. Interest will be computed from the day after the
due date through the expected payment date and the
amount will be stated separately on the check or accompanying
remittance advice. The late payment must be accompanied
by a notice of the amount of the interest penalty included
in the payment, the interest rate used to compute the
penalty, and the number of days used to compute the
penalty. The purchase agreement number should also
be included in the notice to assist the contractor
in reconciling t he payment. Payments are considered
to be made on the date of the check or wire transfer
and calculation of interest penalties will be made
on the best estimate of that date. Adjustments will
be made for errors in estimating the date of the payment,
if requested. When an interest penalty owed is not
paid, interest will accrue on the unpaid amount for
one (1) year or until paid whichever occurs first.
Interest penalties remaining unpaid for any thirty
(30) day period will be added to the principal, and
interest pe nalties thereafter will accrue monthly
on the total of principal and previously accrued interest.
d. Whenever a discount is taken after the discount
date, an interest penalty will be calculated on the
amount of the discount taken, for the period beginning
the day after the end of the discount date through
the payment date. (See Exhibit 2 of this Order.)
e. A contractor must be notified of an improper invoice
within seven (7) days from the date the invoice is
received (three (3) days for meat and meat food products,
and five (5) days for perishable agricultural commodities,
dairy products, and edible fats and oils). The number
of days allowed for payment of the corrected proper
invoice will be reduced by the number of days notification
was delayed beyond the seven (7), three (3), or five
(5) days, as applicable. Calculation of interest penalties,
if any, shall be based on an adjusted due date reflecting
the reduced number of days allowable for payment. (See
Exhibit 3 of this Order.)
f. An additional
penalty (see Section 3.04.f. of this Order) is
required when the contractor is owed a late
payment interest penalty and the payment office fails
to pay the interest penalty within ten (10) days after
making the late p ayment and the contractor makes a
written request no later than forty (40) days after
the date of the payment.
1. The additional penalty shall be equal to one hundred
(100) percent of the original late payment interest
penalty effective January 22, 1990.
2. The maximum additional penalty shall be $2,500
for two (2) years from January 22, 1990 and then after
January 22, 1992, the maximum shall be $5,000. The
minimum additional penalty shall be $25 regardless
of the amount of the late payment penalty. Maximum
and minimum penalties shall be determined for each
separate payment made for each separate contract. The
penalty shall not be based on individual invoices unless
the invoices are paid by separate payment. Where penalties
are consolidated for di sbursing purposes, the penalty
determination shall be made separately for each contract.
3. The contractor must specifically identify the invoice
for which late payment interest is overdue and request
payment of all late payment interest penalty and additional
penalty. Attached to the contractor's request must
be a copy of the invoice as well as certification that
payment for the principal has been received and its
date of receipt. The request must be postmarked by
the fortieth (40th) day after payment was made. If
there is no postmark, the request will be valid if
it is received and a nnotated with the date of receipt
by the billing office by the fortieth (40th) day. If
the billing office fails to annotate the request, the
request will be valid if the contractor placed the
date of mailing on the request by the fortieth (40th)
day.
4. The additional penalty does not cease to accrue
at the end of one (1) year.
.07 Special Payment Office Procedures for Interest
Penalties.
a. When an invoice is received in the designated payment
office and it is determined that an interest penalty
must be paid, the payment office will:
1. annotate the invoice with the interest penalty
amount and the precise account to be charged, and
2. record an obligation and expense for the interest
penalty in FIMA along with the proper reason code and
object classification. The reason code explains the
cause of the late payment interest penalty.
b. The accounting classification to be charged will
be the accounting classification on the purchase agreement.
However, the payment office in consultation with Line
Office/Staff Office officials may determine that, for
isolating and reporting intere st penalty charges or
to assure adequacy of funds, it may be helpful to charge
a different accounting classification within the same
appropriation/fund and Line Office/Staff Office.
.08 Certification
of Payment Schedules. Payment office
officials appointed as Certifying Officers shall verify
the following items before schedule certification:
a. the existence and correctness of the facts cited
in the invoice and that the invoice is proper; (See
Section 7.02 of this Order.)
b. the legality of the proposed payment under the
appropriation or fund involved;
c. the correctness and accuracy of the payment due
date and other computations involved such as late payment
interest, additional penalties, and discounts, and
d. the invoice has been approved for payment by the
Contracting Officer or designee or the deliverable
has been received and accepted.
.09 Designation of Invoice Approval to Other Agencies.
a. In some instances, NOAA may designate another agency
or cognizant audit agency to first receive invoices
and may delegate to that agency the authority to approve
invoices for payment.
b. Agencies designated to receive invoices must date
the invoices or payment requests to show when received.
This represents constructive receipt by NOAA and the
date to be used in timing payments.
c. Agencies authorized to approve payments must forward
the approved invoices to the designated payment office
for payment processing.
.10 Reporting.
a. In order to comply with the requirements
of OMB Circular A-125, "Prompt Payment," the
ASC directors shall submit three (3) quarterly reports
and one (1) cumulative annual fiscal year-end report
in the proper format to the Office of Administration,
Procurement and Finance Division. (See Exhibit 5 of
this Order.) The reports are due the twentieth (20th)
of the month following the end of each fiscal quarter.
The reports will include only the information for FIMA
payments.
b.
To lessen the cost of reporting, statistical sampling
as illustrated in Appendix A of DAO 203-31 may be used
to derive the information required except the data
on interest and additional penalties paid. This data
must agree with the data recorded in FIMA.
SECTION
8. EFFECT ON OTHER ISSUANCES.
This Order supersedes NOAA Administrative Order (NAO)
203-31, issued October 17, 1989, in its entirety.
SIGNED,
Comptroller
SIGNED,
Director, Office of Administration
Attachments:
Exhibit 1 - Proper Invoice Paid Late
Exhibit 2 - Improper Discount Taken
Exhibit 3 - Improper Invoice Returned to Contractor Late
Exhibit 4 - Determining Cost Effective Discounts
Exhibit 5 - Administrative Support Center Prompt Payment Report
Office of Primary Interest:
Office of the Comptroller
Financial Management Division (BF2)
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