[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Rules and Regulations]
[Page 57188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19464]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Parts 204, 212, 213, and 252
[DFARS Case 2003-D040]
Defense Federal Acquisition Regulation Supplement; Central
Contractor Registration
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has adopted as final, with changes, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to remove policy on Central Contractor Registration (CCR) that
duplicated policy found in the Federal Acquisition Regulation (FAR).
The rule also addresses requirements for use of Commercial and
Government Entity (CAGE) codes in DoD contracts.
EFFECTIVE DATE: September 30, 2005.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, Defense
Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0289;
facsimile (703) 602-0350. Please cite DFARS Case 2003-D040.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 68 FR 64557 on November 14, 2003,
to remove DFARS requirements for contractors to register in the CCR
database, since policy on this subject had been added to the FAR. The
interim rule also addressed requirements for inclusion of CAGE codes on
contracts and in the CCR database to accommodate DoD payment systems.
Three sources submitted comments on the interim DFARS rule. A
discussion of the comments is provided below.
1. Comment: Provision of DUNS numbers and CAGE codes. One
respondent stated that the interim rule appeared to require contracting
officers to provide both a DUNS number and a CAGE code on contractual
documents submitted to the payment office, whereas the previous DFARS
coverage required either a DUNS number or a CAGE code.
DoD Response: The final rule revises DFARS 204.1103(e) to clarify
that contracting officers must include the contractor's CAGE code on
contractual documents transmitted to the payment office, instead of the
DUNS number.
2. Comment: Timely assignment of CAGE codes. One respondent
recommended adding a statement to the rule to address the need for the
Defense Logistics Information Service to assign CAGE codes in a timely
manner, to avoid payment delays and payment of interest.
DoD Response: DoD agrees that timely assignment of CAGE codes is
important. However, such a statement is considered unnecessary for
inclusion in the DFARS.
3. Comment: Contractor failure to provide correct or current CCR
information. One respondent provided an example of a contractor's
failure to maintain current information in the CCR database.
DoD Response: Contractors are responsible for maintaining CCR
information and are required to review and update their information
annually to ensure it is current, accurate, and complete.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies 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 adds no new requirements for contractors. The rule
removes DFARS text on Central Contractor Registration that has become
obsolete as a result of policy that was added to the FAR, and retains
existing requirements for use of Commercial and Government Entity codes
in DoD contracts.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Part 204, 212, 213, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Accordingly, the interim rule amending 48 CFR parts 204, 212, 213,
and 252, which was published at 68 FR 64557 on November 14, 2003, is
adopted as a final rule with the following change:
PART 204-ADMINISTRATIVE MATTERS
0
1. The authority citation for 48 CFR part 204 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
0
2. Section 204.1103 is revised to read as follows:
204.1103 Procedures.
0
(e) On contractual documents transmitted to the payment office, provide
the Commercial and Government Entity code, instead of the DUNS number
or DUNS+4 number, in accordance with agency procedures.
[FR Doc. 05-19464 Filed 9-29-05; 8:45 am]
BILLING CODE 5001-08-P