[Federal Register: April 22, 2008 (Volume 73, Number 78)]
[Rules and Regulations]
[Page 21773-21779]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap08-14]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 2, 4, 12, and 52
[FAC 2005-25; FAR Case 2004-038; Item I; Docket 2008-0001, Sequence 6]
RIN 9000-AK94
Federal Acquisition Regulation; FAR Case 2004-038, Federal
Procurement Data System Reporting
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on an interim
rule amending the Federal Acquisition Regulation (FAR) to revise the
process for reporting contract actions to the Federal Procurement Data
System (FPDS).
DATES: Effective Date: April 22, 2008.
Comment Date: Interested parties should submit written comments to
the FAR Secretariat on or before June 23, 2008 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-25, FAR case 2004-
038, by any of the following methods:
Regulations.gov: http://www.regulations.gov.Submit
comments via the Federal eRulemaking portal by inputting ``FAR Case
2004-038'' under the heading ``Comment or Submission''. Select the link
``Send a Comment or Submission'' that corresponds with FAR Case 2004-
038. Follow the instructions provided to complete the ``Public Comment
and Submission Form''. Please include your name, company name (if any),
and ``FAR Case 2004-038'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW, Room 4035, ATTN: Diedra Wingate,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAC 2005-25, FAR
case 2004-038, in all correspondence related to this case. All comments
received will be posted without change to http://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement
Analyst, at (202) 501-3775 for clarification of content. Please cite
FAC 2005-25, FAR case 2004-038. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
As of October 2003, all agencies were to begin reporting FAR-based
contract actions to the modified system. During Fiscal Year 2004,
members of the interagency Change Control Board, as well as
departmental teams working on the migration of data from the old to new
system, recognized both the opportunity to standardize reporting
processes and the need to revise the FAR to provide current and clear
reporting requirements.
In this interim rule, the Government is establishing its commitment
for Federal Procurement Data System (FPDS) data to serve as the single
authoritative source of all procurement data for a host of applications
and reports, such as the Central Contractor Registration (CCR), the
Electronic Subcontracting Reporting System (eSRS), the Small Business
Goaling Report (SBGR), and Resource Conservation and Recovery Act
(RCRA) data.
The enhanced FPDS was put into production on October 1, 2003 by
implementing newer technology to report contract actions. The old
system had 48 data elements; the new system has 145+ elements,
including who funds the contract. The new system has the ability to
receive data and provide data to other applications used in the
procurement community, allowing the Government to give ``credit'' to
the agency that funds the contract action. The system is also an
enabler ensuring that metrics are consistent when comparing one
department, service, or organization to another.
Small agencies that do not have the staff or resources necessary to
purchase the automated contract writing application necessary for
reporting contract actions as required by this interim rule are
encouraged to partner with a large agency and become a subscriber on
their system. For information about frequently asked questions, see
https://www.fpds.gov.
The rule amends the FAR by:
1. Revising FAR 1.106 to change the FAR segment 4.602 to 4.605, and
4.603 to 4.607.
[[Page 21774]]
2. Revising FAR 2.101 to add a definition for ``Chief Acquisition
Officer'' and revising the definition for ``Data Universal Numbering
System number '' to include that it is the identification number for
Federal contractors.
3. Renaming FAR 4.601 ``Definitions'' and revising the section to
add definitions for ``assisted acquisition,'' ``contract action,''
``contract action report (CAR),'' ``definitive contract,'' ``direct
acquisition,'' ``entitlement program,'' ``generic DUNS number,''
``indefinite-delivery vehicle (IDV),'' ``requesting agency,'' and
``servicing agency'' as they pertain to FPDS.
4. Renaming FAR section 4.602 ``General'' and revising to describe
the general characteristics of FPDS and identify data that will and
will not be maintained in FPDS.
5. Renaming FAR section 4.603 ``Policy'' and revising the section
to: describe the use of FPDS to maintain publicly available information
about contract actions; require agencies to report actions subject to
the FAR and using appropriated funds; require agencies performing
assisted or direct acquisitions to report such actions; encourage
agencies exempt from the FAR or using non-appropriated funds to report
such actions; and require agencies awarding contracts using a mix of
appropriated and non-appropriated funds to only report the full
appropriated portion of the action.
6. Adding a new FAR section 4.604, Responsibilities. The new
section: describes the responsibility of the Senior Procurement
Executive (SPE) and head of the contracting activity for developing and
monitoring a process to ensure timely and accurate reporting of
contractual actions to FPDS describes the responsibility of the
contracting officer for the submission and accuracy of the contract
action report; describes how and when the contract action report is to
be submitted to FPDS when a contract writing system is or is not
integrated with FPDS or when the contract action is awarded pursuant to
FAR 6.302-2 or in accordance with the authorities listed at FAR Subpart
18.2; and indicates the date that the Chief Acquisition Officer of each
agency reporting to FPDS must submit an annual certification of the
agency's reported actions.
7. Adding a new FAR section 4.605, Procedures. The new section
describes: the Procurement Instrument Identifier; and the Data
Universal Numbering System (DUNS).
8. Adding a new FAR section 4.606, Reporting Data. The new section
will describe: the mandatory actions agencies must report to FPDS; the
use of FPDS ``Express Reporting;'' the reporting requirements for
agencies participating in the Small Business Competitiveness
Demonstration Program; and the responsibility of the GSA Purchase Card
Management to provide purchase card data to FPDS; how agencies may
report other actions not specified in the subpart; and actions not to
be reported to FPDS, including imprest funds transactions below the
micro-purchase threshold, orders from GSA Stock and Global Supply
Programs, orders against certain indefinite-delivery vehicles,
purchases made using Javits-Wagner-O'Day service stores, and purchases
made using non-appropriated fund activity cards, chaplain cards,
individual Government personnel training orders, and Defense Printing.
9. Renumbering the existing FAR 4.603 as 4.607.
B. The Councils have developed the following list of questions and
answers to facilitate the public's understanding of the changes
proposed in FAR Case 2004-038 for reporting contract actions under the
Federal Acquisition Regulation (FAR), Subpart 4.6.
Question 1: What is the Federal Procurement Data System (FPDS)?
FPDS is a comprehensive mechanism for assembling, organizing, and
presenting contract procurement data for the Federal Government. The
system collects, processes, and disseminates official statistical data
on Federal contracting. The data is used to generate reports for the
three branches of Government and the general public.
Question 2: Why are we changing the way the Federal Government
collects procurement data?
The way the Federal Government collects procurement data is being
enhanced to satisfy the Government's compelling need to manage and
understand how and where your tax dollars are spent. Collecting data
about Government procurements provides a broad picture of the overall
Federal acquisition process. The ability to look at all contracts
across many agencies, in greater detail, is a key component in
establishing transparency, trust in our Government, and credibility in
the professionals who use and perform these contracts. With an enhanced
view of Federal spending we can conduct analyses to structure strategic
procurements and save money, improve Governmentwide management, and
establish interoperability with other Governmentwide data systems.
Question 3: What impact will the enhancements have on errors in
FPDS?
Government procurement executives realize that contracts are
written for extended periods of time and that modifications are
routinely made to these contracts, even if just to exercise an option.
As a result of inputting data regarding these contracts into FPDS, some
errors will end up in FPDS. Additionally, as long as there are data
elements in a contract writing system that are released to FPDS without
validation, errors will continue. Regardless of the reason it happens,
if we continue to allow the data to be input in FPDS without
validation, the professionalism and credibility of the acquisition
community is called into question. The FPDS enhancements provide the
capability to correct any information that is incorrect or outdated.
Question 4: What level of effort is expected of contracting
personnel in eliminating errors in procurement reported to FPDS?
We anticipate minimal effort is required of the contracting officer
or contracting specialist to ensure that the data reported to FPDS is
current, accurate, and complete. It is incumbent on contracting
officers and agencies to assure the accuracy of all information
submitted. It is also certain that if care is taken to record the data
correctly the first time, it will reduce the burden to make
corrections. To draw attention to the criticality of this information,
the Office of Federal Procurement Policy (OFPP) will require each
agency, beginning in December 2007, to certify annually that all data
is accurate and complete. See http://www.whitehouse.gov/omb/
procurement/memo/fpds_ltr_030907.pdf.
Question 5: Why is it important for procurement data to be accurate
and timely?
(a) Timely and accurate procurement data ensures that the recurring
and special reports to the President, Congress, the Government
Accountability Office, and the general public on the expenditure of
taxpayer dollars are reliable, useful, realistic, and serve as a
rational basis for assessing--
The effect of Federal contracting on our Nation's economy
and the extent to which small, veteran-owned small, service-disabled
veteran-owned small, HUBZone small, small disadvantaged, women-owned
small business concerns, and nonprofit agencies operating under the
Javits-Wagner-O'Day Act are sharing in Federal contracts; and
Measuring the impact of other Federal procurement policies
and management initiatives.
[[Page 21775]]
(b) In addition to the above, a list of purposes for which this
business information is used, includes but is not limited to the
following:
Decisions on organization structure.
Decisions related to staffing.
Decisions related to training.
Assessments on the extent to which awards are made to
businesses in the various socio-economic categories.
Assessments of the impact of competition on the
acquisition process.
(c) FPDS also provides the following--
An authoritative source of information;
Discipline in the reporting process;
Confidence in Government acquisition practices, and
reports; and
Standardized means for collecting contract data.
Question 6: Does FPDS contain non-procurement data? If so, do we
use these contracts in our statistics?
It is true several agencies have used FPDS to account for other
types of awards that were not FAR based contracts. Once these actions
are identified, the Government subtracts the dollars and actions from
the total of FAR based actions prior to calculating totals or
establishing goals.
Question 7: Why should FPDS collect non-FAR based actions?
Many agencies are already collecting other business data that is
non-FAR based. In the future, FPDS will be able to accurately discern
what is FAR based and non-FAR based actions. Agencies that desire
internal business information and have a bona fide need for this
information can request a modification to FPDS. In these cases, the
business data may or may not be accessible to the public.
Question 8: What additional responsibilities will contracting
officers have as a result of the FPDS enhancements?
Contracting officers will have the following additional
responsibilities:
a. The submission and accuracy of the individual contract action
report (CAR), and validating the CAR prior to transmittal of the data.
b. The review of their own CAR information as well as all FPDS
information created by subordinates within their organization.
(1) Whenever a contract writing system is integrated with FPDS,
confirming the CAR for accuracy prior to release of the contract award.
(2) Ensuring that the CAR is submitted within 3 business days after
contract award whenever an automated contract writing system is not
used.
(3) Ensuring that the CAR is submitted to FPDS within 30 days after
contract award for any actions done following FAR 6.302-2 or FAR
Subpart 18.2.
(4) Including a code to identify the source of funds being used to
procure needed supplies or services. Emphasis is not just on the
contracting office awarding the contract, but also on reporting
accurate funding information to include the funding office code of the
customer agency for whom the contract, delivery order, or task order is
issued, and submitting the correct information to FPDS.
Question 9: Why should the contracting officer be responsible for
data reported to FPDS?
The contracting officer is ultimately responsible for the
solicitation and award of a contract action and by virtue of that
responsibility, the contracting officer is also responsible for all
actions through close-out of the contract. The CAR is a part of the
contract file documentation and as such, its accurate and timely
completion rests with the contracting officer.
Question 10: How will contract specialists or other acquisition
staff be affected by the enhancement to FPDS?
The enhancements will provide for data collection to be more
automated. Where data collection is not automated, contracting officers
will be required to approve or validate fewer elements. Overall, the
enhancements will facilitate better accuracy.
Question 11: Why is there an emphasis on Indefinite Delivery
Vehicles (IDV) in FPDS?
IDV's provide agencies with a simplified process for obtaining
commonly used commercial supplies and services at prices associated
with volume buying. They are emphasized because of their increased use
in every agency and in interagency contracting.
Question 12: What needs are satisfied by making procurement data
publicly accessible in FPDS?
Making procurement data publicly accessible provides the public--
a. Important information about acquisitions awarded by the Federal
Government;
b. The ability to fully understand how tax dollars are spent;
c. An understanding where and how competition is conducted; and
d. Information on where and with whom business opportunities exist.
Additionally, collecting data about Government procurements
provides a broad picture of the overall Federal acquisition process.
Having the ability to look at Federal contracts across many agencies,
in greater detail, is a key ingredient to establishing trust in our
Government and credibility in the professionals who award and
administer these contracts. With a transparent view of Federal
spending, analyses may be conducted to structure procurements
strategically and save taxpayer dollars; improve Governmentwide
management; ensure appropriate small business participation; and
establish interoperation with other Governmentwide data systems. This
information will enable service-wide, department-wide, or
Governmentwide strategic sourcing.
Question 13: Which agencies must report to FPDS and why?
Executive departments and agencies are responsible for collecting
and reporting procurement data to FPDS as required by Federal
Acquisition Regulations (FAR).
In addition, the recent passage of The Federal Funding
Accountability and Transparency Act of 2006 has established that all
officials who make Federal awards of any type have a duty to report
their activities to the public. Therefore, reporting procurement data
applies to the entire United States Government.
As previously stated, all levels of the Government use the reported
data.
Question 14: What is the FPDS Express Reporting Application?
FPDS's Express Reporting Application allows users to report a
single record for a single vendor for multiple contract actions.
Question 15: Will agencies be able to see their data just like the
public can see it?
Yes. FPDS will provide the official Federal reports as well as
several workload reports designed specifically for first-line
supervisors and contract managers.
The use of Federal reports will alleviate the need for individual
agencies to collect, verify, and distribute statistics for a host of
requirements such as the Small Business Goaling Report (SBGR), the
Performance-Based Acquisition (PBA) report, and the Resource
Conservation and Recovery Act (RCRA) Report just to name a few.
Question 16: Does FPDS contain contract data from non-FAR agencies?
Some agencies which are not subject to the FAR may be required by
other authority, statute, or at the Office of Management and Budget's
direction to report non-FAR based contract action data into FPDS. For
example, the Federal Funding Accountability and Transparency Act of
2006 requires a searchable website that provides public access to
information about Federal expenditures.
This is not a significant regulatory action and, therefore, was not
subject to
[[Page 21776]]
review under Section 6(b) of Executive Order 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
C. Regulatory Flexibility Act
The interim rule is not expected 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 contract
reporting is not accomplished by the vendor community, only by
Government contracting entities. Therefore, an Initial Regulatory
Flexibility Analysis has not been performed. The Councils will consider
comments from small entities concerning the affected FAR Parts 1, 2, 4,
12, and 52 in accordance with 5 U.S.C. 610. Interested parties must
submit such comments separately and should cite 5 U.S.C 601, et seq.
(FAC 2005-25, FAR case 2004-038), in correspondence.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
E. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary because the applicable procedures in the rule are
necessary to inform Federal agencies and the public when and how
Federal procurement data must be reported. The action is not expected
to have any impact on the vendor community. However, pursuant to Pub.
L. 98-577 and FAR 1.501, the Councils will consider public comments
received in response to this interim rule in the formation of the final
rule.
List of Subjects in 48 CFR Parts 1, 2, 4, 12, and 52
Government procurement.
Dated: April 4, 2008.
Al Matera,
Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 2, 4, 12, and 52 as
set forth below:
0
1. The authority citation for 48 CFR parts 1, 2, 4, 12, and 52
continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1.106 [Amended]
0
2. Amend section 1.106 in the table following the introductory
paragraph by removing FAR segments ``4.602'' and ``4.603'' and adding
``4.605'' and ``4.607'' in their place, respectively.
PART 2--DEFINITIONS OF WORDS AND TERMS
0
3. Amend section 2.101 in paragraph (b)(2) by adding, in alphabetical
order, the definition ``Chief Acquisition Officer''; and revising the
definition ``Data Universal Numbering System (DUNS) number'' to read as
follows:
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
* * * * *
Chief Acquisition Officer means an executive level acquisition
official responsible for agency performance of acquisition activities
and acquisition programs created pursuant to the Services Acquisition
Reform Act of 2003, Section 1421 of Public Law 108-136.
* * * * *
Data Universal Numbering System (DUNS) number means the 9-digit
number assigned by Dun and Bradstreet, Inc. (D&B), to identify unique
business entities, which is used as the identification number for
Federal contractors.
* * * * *
PART 4--ADMINISTRATIVE MATTERS
0
4. Revise Subpart 4.6 to read as follows:
Subpart 4.6--Contract Reporting
Sec.
4.600 Scope of subpart.
4.601 Definitions.
4.602 General.
4.603 Policy.
4.604 Responsibilities.
4.605 Procedures.
4.606 Reporting Data.
4.607 Solicitation Provisions.
4.600 Scope of subpart.
This subpart prescribes uniform reporting requirements for the
Federal Procurement Data System (FPDS).
4.601 Definitions.
As used in this subpart--
Assisted acquisition means a contract, delivery or task order
awarded by a servicing agency on behalf of a requesting agency. The
agency providing the assistance may also administer the contract
action.
Contract action means any oral or written action that results in
the purchase, rent, or lease of supplies or equipment, services, or
construction using appropriated dollars over the micro-purchase
threshold, or modifications to these actions regardless of dollar
value. Contract action does not include grants, cooperative agreements,
other transactions, real property leases, requisitions from Federal
stock, training authorizations, or other non-FAR based transactions.
Contract action report (CAR) means contract action data required to
be entered into the Federal Procurement Data System (FPDS).
Definitive contract means any contract that must be reported to
FPDS other than an indefinite delivery vehicle. This definition is only
for FPDS, and is not intended to apply to Part 16.
Direct acquisition means an order awarded directly by the
requesting agency against the servicing agency's contract. In a direct
acquisition, the servicing agency awards and administers the contract
but does not participate in the placement of an order.
Entitlement program means a Federal program that guarantees a
certain level of benefits to persons or other entities who meet
requirements set by law, such as Social Security, farm price supports,
or unemployment benefits.
Generic DUNS number means a DUNS number assigned to a category of
vendors not specific to any individual or entity.
Indefinite delivery vehicle (IDV) means an indefinite delivery
contract that has one or more of the following clauses:
(1) 52.216-18, Ordering.
(2) 52.216-19, Order Limitations.
(3) 52.216-20, Definite Quantity.
(4) 52.216-21, Requirements.
(5) 52.216-22, Indefinite Quantity.
(6) Any other clause allowing ordering.
Requesting agency means the agency that has the requirement for an
interagency acquisition.
Servicing agency means the agency that will conduct an assisted
acquisition on behalf of the requesting agency.
[[Page 21777]]
4.602 General.
(a) The FPDS provides a comprehensive web-based tool for agencies
to report contract actions. The resulting data provides--
(1) A basis for recurring and special reports to the President, the
Congress, the Government Accountability Office, Federal executive
agencies, and the general public;
(2) A means of measuring and assessing the effect of Federal
contracting on the Nation's economy and the extent to which small,
veteran-owned small, service-disabled veteran-owned small, HUBZone
small, small disadvantaged, women-owned small business concerns, and
nonprofit agencies operating under the Javits-Wagner-O'Day Act, are
sharing in Federal contracts; and
(3) A means of measuring and assessing the effect of other policy
and management initiatives (e.g., performance based acquisitions and
competition).
(b) FPDS does not provide reports for certain acquisition
information used in the award of a contract action (e.g.,
subcontracting data, funding data, or accounting data).
(c) The FPDS Web site, https://www.fpds.gov, provides instructions
for submitting data. It also provides--
(1) A complete list of departments, agencies, and other entities
that submit data to the FPDS;
(2) Technical and end-user guidance;
(3) A computer-based tutorial; and
(4) Information concerning reports not generated in FPDS.
4.603 Policy.
(a) In accordance with the Federal Funding Accountability and
Transparency Act of 2006 (Pub. L. No. 109-282), all Federal award data
must be publicly accessible.
(b) Except as provided in 4.606(a)(2), executive agencies shall use
FPDS to maintain publicly available information about all contract
actions exceeding the micro-purchase threshold, and any modifications
to those actions that change previously reported contract action report
data, regardless of dollar value.
(c) Agencies awarding assisted acquisitions or direct acquisitions
must report these actions and identify the Funding Agency Code from the
applicable agency codes maintained by the National Institute of
Standards and Technology (NIST) using NIST Special Publication 800-87,
``Codes for the Identification of Federal and Federally Assisted
Organizations,'' at http://csrc.nist.gov/publications/nistpubs/800-87/
sp800-87-Final.pdf.
(d) Agencies exempt from the FAR are encouraged to report contract
actions in FPDS.
(e) Agencies awarding contract actions with a mix of appropriated
and nonappropriated funding shall only report the full appropriated
portion of the contract action in FPDS.
4.604 Responsibilities.
(a) The Senior Procurement Executive in coordination with the head
of the contracting activity is responsible for developing and
monitoring a process to ensure timely and accurate reporting of
contractual actions to FPDS.
(b)(1) The responsibility for the submission and accuracy of the
individual contract action report (CAR) resides with the contracting
officer who awarded the contract action.
(2) When a contract writing system is integrated with FPDS, the CAR
must be confirmed for accuracy prior to release of the contract award.
(3) When a contract writing system is not integrated with FPDS, the
CAR must be submitted to FPDS within three business days after contract
award.
(4) For any action awarded in accordance with FAR 6.302-2 or
pursuant to any of the authorities listed at FAR Subpart 18.2, the CAR
must be submitted to FPDS within 30 days after contract award.
(5) When the contracting office receives written notification that
a contractor has changed its size status in accordance with the clause
at 52.219-28, Post-Award Small Business Program Rerepresentation, the
contracting officer must submit a modification contract action report
to ensure that the updated size status is entered in FPDS-NG.
(c) The chief acquisition officer of each agency required to report
its contract actions must submit to the General Services Administration
(GSA), in accordance with FPDS guidance, by January 5, an annual
certification of whether, and to what degree, agency CAR data for the
preceding fiscal year is complete and accurate.
4.605 Procedures.
(a) Procurement Instrument Identifier (PIID). Agencies must have in
place a process that ensures that each PIID reported to FPDS is unique,
Governmentwide, and will remain so for at least 20 years from the date
of contract award. Agencies must submit their proposed identifier
format to the FPDS Program Management Office, which maintains a
registry of the agency unique identifiers on the FPDS website, and must
validate their use in all transactions. The PIID shall consist of alpha
characters in the first positions to indicate the agency, followed by
alphanumeric characters identifying bureaus, offices, or other
administrative subdivisions. Other pertinent PIID instructions can be
found at https://www.fpds.gov.
(b) Data Universal Numbering System (DUNS). The contracting officer
must identify and report a DUNS number (Contractor Identification
Number) for the successful offeror on a contract action. The DUNS
number reported must identify the successful offeror's name and address
as stated in the offer and resultant contract, and as registered in the
Central Contractor Registration (CCR) database in accordance with the
clause at 52.204-7, Central Contractor Registration. The contracting
officer must ask the offeror to provide its DUNS number by using either
the provision at 52.204-6, Data Universal Numbering System (DUNS)
Number, the clause at 52.204-7, Central Contractor Registration, or the
provision at 52.212-1, Instructions to Offerors--Commercial Items.
(1) Notwithstanding the inclusion of the provision at 52.204-6 in
the associated solicitation or except as provided in paragraph (b)(2)
of this section, the contracting officer shall use one of the generic
DUNS numbers identified in CCR to report corresponding contract actions
if the contract action is--
(i) With contractors located outside the United States and its
outlying areas as defined in 2.101 who do not have a DUNS number, and
the contracting officer determines it is impractical to obtain a DUNS
number;
(ii) With students who do not have DUNS numbers;
(iii) With dependents of veterans, Foreign Service Officers, and
military members assigned overseas who do not have DUNS numbers; or
(iv) For classified or national security.
(2) In accordance with agency procedures, authorized generic DUNS
numbers found at https://www.fpds.gov may be used to report contract
actions when--
(i) Specific public identification of the contracted party could
endanger the mission, contractor, or recipients of the acquired goods
or services; or
(ii) The agency determines it is impractical to obtain a DUNS
number.
4.606 Reporting Data.
(a) Actions required to be reported to FPDS. (1) As a minimum,
agencies must report the following contract actions over the micro-
purchase threshold, regardless of solicitation process used, and
agencies must report any modification to these contract actions
[[Page 21778]]
that change previously reported contract action data, regardless of
dollar value:
(i) Definitive contracts, including purchase orders and imprest
fund buys over the micro-purchase threshold awarded by a contracting
officer.
(ii) Indefinite delivery vehicle (identified as an ``IDV'' in
FPDS). Examples of IDVs include the following:
(A) Task and Delivery Order Contracts (see Subpart 16.5),
including--
(1) Government-wide acquisition contracts.
(2) Multi-agency contracts.
(B) GSA Federal supply schedules.
(C) Blanket Purchase Agreements (see 13.303).
(D) Basic Ordering Agreements (see 16.703).
(E) Any other agreement or contract against which individual orders
or purchases may be placed.
(iii) All calls and orders awarded under the indefinite delivery
vehicles identified in paragraph (a)(1)(ii) of this section.
(2) Agencies participating in the Small Business Competitiveness
Demonstration Program (see Subpart 19.10) shall report as a contract
action each award in the designated industry groups, regardless of
dollar value.
(3) The GSA Office of Charge Card Management will provide the
Government purchase card data, at a minimum annually, and GSA will
incorporate that data into FPDS for reports.
(4) Agencies may use the FPDS Express Reporting capability for
consolidated multiple action reports for a vendor when it would be
overly burdensome to report each action individually. When used,
Express Reporting should be done at least monthly.
(b) Reporting Other Actions. Agencies may submit actions other than
those listed at paragraph (a)(1) of this section, and must contact the
FPDS Program Office at integrated.acquisition@gsa.gov if they desire to
submit any of the following types of activity:
(1) Transactions at or below the micro-purchase threshold, except
as provided in paragraph (a)(2) of this section.
(2) Any non-appropriated fund (NAF) or NAF portion of a contract
action using a mix of appropriated and nonappropriated funding.
(3) Lease and supplemental lease agreements for real property.
(4) Resale activity (i.e., commissary or exchange activity).
(5) Revenue generating arrangements (i.e., concessions).
(6) Training expenditures not issued as orders or contracts.
(7) Grants and entitlement actions.
(8) Interagency agreements, also known as interservice level
agreements, memoranda of understanding, or memoranda of agreement.
(9) Letters of obligation used in the A-76 process.
(c) Actions not reported. The following types of contract actions
are not to be reported to FPDS:
(1) Imprest fund transactions below the micro-purchase threshold,
including those made via the Government purchase card (unless specific
agency procedures prescribe reporting these actions).
(2) Orders from GSA stock and the GSA Global Supply Program.
(3) Purchases made at GSA or JWOD service stores, as these items
stocked for resale have already been reported by GSA.
(4) Purchases made using non-appropriated fund activity cards,
chaplain fund cards, individual Government personnel training orders,
and Defense Printing orders.
(d) Agencies not subject to the FAR may be required by other
authority (e.g., statute or OMB) to report certain information to FPDS.
4.607 Solicitation Provisions.
(a) Insert the provision at 52.204-6, Data Universal Numbering
System (DUNS) Number, in solicitations that--
(1) Are expected to result in a requirement for the generation of a
CAR (see 4.606(a)(1)); and
(2) Do not contain the clause at 52.204-7, Central Contractor
Registration.
(b) Insert the provision at 52.204-5, Women-Owned Business (Other
Than Small Business), in all solicitations that--
(1) Are not set aside for small business concerns;
(2) Exceed the simplified acquisition threshold; and
(3) Are for contracts that will be performed in the United States
or its outlying areas.
4.805 [Amended]
0
5. Amend section 4.805 in paragraph (b)(9) by removing ``4.601'' and
adding ``4.603'' in its place.
PART 12--ACQUISITION OF COMMERCIAL ITEMS
12.301 [Amended]
0
6. Amend section 12.301 in paragraph (b)(2) by removing the words
``that are expected to exceed the threshold at 4.601(a)''.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.204-5 [Amended]
0
7. Amend section 52.204-5 by removing from the introductory text
``4.603(b)'' and adding ``4.607(b)'' in its place.
0
8. Amend section 52.204-6 by--
0
a. Removing from the introductory text ``4.603(a)'' and adding
``4.607(a)'' in its place;
0
b. Revising the date of the provision;
0
c. Removing from paragraph (a) the word ``parent'';
0
d. Revising paragraph (b)(1)(i); and
0
e. Adding a sentence to the end of paragraph (b)(1)(ii).
The revised and added text reads as follows:
52.204-6 Data Universal Numbering System (DUNS) Number.
* * * * *
DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)
* * * * *
(b) * * *
(1) * * *
(i) Via the Internet at http://fedgov.dnb.com/webform or if the
offeror does not have internet access, it may call Dun and
Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) * * * The offeror should indicate that it is an offeror for
a U.S. Government contract when contacting the local Dun and
Bradstreet office.
* * * * *
(End of provision)
0
9. Amend section 52.204-7 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), in the definition ``Data Universal Numbering
System +4 (DUNS+4) number'', by removing the word ``parent'';
0
c. Revising paragraph (c)(1)(i); and
0
d. Adding a sentence to the end of paragraph (c)(1)(ii).
The revised and added text reads as follows:
52.204-7 Central Contractor Registration.
* * * * *
CENTRAL CONTRACTOR REGISTRATION (APR 2008)
* * * * *
(c) * * *
(1) * * *
(i) Via the Internet at http://fedgov.dnb.com/webform or if the
offeror does not have internet access, it may call Dun and
Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) * * * The offeror should indicate that it is an offeror for
a U.S. Government contract when contacting the local Dun and
Bradstreet office.
* * * * *
(End of clause)
0
10. Amend section 52.212-1 by--
[[Page 21779]]
0
a. Revising the date of the provision; and
0
b. In paragraph (j), by removing the word ``parent''; removing ``http:/
/www.dnb.com'' and adding ``http://fedgov.dnb.com/webform'' in its
place; and adding a sentence to the end of the paragraph to read as
follows:
52.212-1 Instructions to Offerors--Commercial Items.
* * * * *
INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2008)
* * * * *
(j) * * * The offeror should indicate that it is an offeror for
a Government contract when contacting the local Dun and Bradstreet
office.
* * * * *
(End of provision)
[FR Doc. E8-8447 Filed 4-21-08; 8:45 am]
BILLING CODE 6820-EP-S