[Federal Register Volume 74, Number 144 (Wednesday, July 29, 2009)]
[Rules and Regulations]
[Pages 37642-37644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17952]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204 and 217
RIN 0750-AG05
Defense Federal Acquisition Regulation Supplement; Clarification
of Central Contractor Registration and Procurement Instrument
Identification Data Requirements (DFARS Case 2008-D010)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to address requirements for
ensuring the accuracy of contractor information in the Central
Contractor Registration (CCR) database and in contract documents.
Additionally, the rule clarifies requirements for proper assignment of
procurement instrument identification numbers.
DATES: Effective Date: July 29, 2009.
FOR FURTHER INFORMATION CONTACT: Mr. Julian Thrash, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0310; facsimile
703-602-7887. Please cite DFARS Case 2008-D010.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule reinforces requirements for use and maintenance of
accurate contractor information, to permit proper identification and
tracking of contract data through DoD's business processes. The DFARS
changes address requirements for--
[cir] Ensuring that contract documents contain contractor
information that is accurate and consistent with the information in the
CCR database; and
[cir] Proper assignment of procurement instrument identification
numbers.
DoD published a proposed rule at 73 FR 62239 on October 20, 2008.
Three
[[Page 37643]]
sources submitted comments on the proposed rule. A discussion of the
comments is provided below.
1. Comment: The proposed change to positions 7 and 8 of the
procurement instrument identification number, from ``the last two
digits of the fiscal year in which the PII number was assigned'' to
``the last two digits of the fiscal year in which the procurement
instrument is awarded'' does not recognize that procurement instrument
identification numbers are used for preaward solicitation actions as
well as contract awards.
DoD Response: To provide for the use of procurement instrument
identification numbers for solicitations as well as contract awards,
the final rule specifies that the seventh and eighth positions of the
PIIN will be the last two digits of the fiscal year in which the
procurement instrument is issued or awarded.
2. Comment: The proposed language at 204.1103(1)(ii)(B), which
requires that a contracting officer exercise an option or issue a
contract modification only after obsolete or incorrect CCR information
has been updated, should not be adopted. Such delays in the exercise of
options or issuance of modifications could result in the loss of funds
or an undesired interruption of services.
DoD Response: The final rule permits exercise of an option or
issuance of a modification (other than a unilateral modification making
an administrative change) only after determining that the contractor's
information in the Central Contractor Registration database is active
and the contractor's Data Universal Numbering System number, Commercial
and Government Entity code, name, and physical address are accurately
reflected in the contract document. Contractors already are required to
enter and maintain their information in the CCR database as a condition
of contract award. Therefore, DoD does not expect the requirements of
this rule to prevent timely execution of contract actions.
3. Comment: DFARS 204.1103 should specifically state that contract
documents include the contractor's physical address as the official
address. CCR maintains three addresses: physical address, mailing
address, and remittance address. Use of the contractor's physical
address is necessary to ensure assignment of the appropriate Defense
Contract Management Agency contract administration office.
DoD Response: The rule has been amended to require use of the
contractor's physical address on contract documents.
4. Comment: The rule should clearly state that the contract will be
awarded to the Commercial and Government Entity (CAGE) code location
from which the company will be managing the contract, i.e., the
physical location from which the company will make executive decisions
regarding the contract, including, but not limited to, signing the
contract and modifications. The contract administration office should
be that responsible for the physical location from which the prime
contractor will manage its contract, not from the place of performance.
DoD Response: The rule requires that contract documents contain the
contractor's legal or ``doing business as'' name, physical address, and
CAGE code information as specified in the CCR database at the time of
contract award. This may or may not be the location where the
contractor manages the contract. To permit flexibility in Government
contract management and oversight, the regulations do not direct the
use of a specific contract administration office.
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 reinforces existing requirements for accuracy of
contract information.
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 Parts 204 and 217
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR Parts 204 and 217 are amended as follows:
0
1. The authority citation for 48 CFR Parts 204 and 217 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 204--ADMINISTRATIVE MATTERS
0
2. Section 204.1103 is revised to read as follows:
204.1103 Procedures.
(1) On contract award documents, use the contractor's legal or
``doing business as'' name and physical address information as recorded
in the Central Contractor Registration (CCR) database at the time of
award.
(2) When making a determination to exercise an option, or at any
other time before issuing a modification other than a unilateral
modification making an administrative change, ensure that--
(i) The contractor's record is active in the CCR database; and
(ii) The contractor's Data Universal Numbering System (DUNS)
number, Commercial and Government Entity (CAGE) code, name, and
physical address are accurately reflected in the contract document.
(3) At any time, if the DUNS number, CAGE code, contractor name, or
physical address on a contract no longer matches the information on the
contractor's record in the CCR database, the contracting officer shall
process a novation or change-of-name agreement, or an address change,
as appropriate.
(4) See PGI 204.1103 for additional requirements relating to use of
information in the CCR database.
(5) On contractual documents transmitted to the payment office,
provide the CAGE code, instead of the DUNS number or DUNS+4 number, in
accordance with agency procedures.
0
3. Section 204.7003 is amended by revising paragraphs (a)(2),
(a)(3)(iii), (a)(3)(viii), and (b) to read as follows:
204.7003 Basic PII number.
(a) * * *
(2) Positions 7 through 8. The seventh and eighth positions are the
last two digits of the fiscal year in which the procurement instrument
is issued or awarded.
(3) * * *
(iii) Contracts of all types except indefinite delivery contracts,
facilities contracts, sales contracts, and contracts placed with or
through other Government departments or agencies or against contracts
placed by such departments or agencies outside the DoD. Do not use this
code for contracts or agreements with provisions for orders or calls--C
* * * * *
(viii) Agreements, including basic agreements and loan agreements,
but excluding blanket purchase agreements, basic ordering agreements,
and leases.
[[Page 37644]]
Do not use this code for contracts or agreements with provisions for
orders or calls--H
* * * * *
(b) Illustration of PII number. The following illustrates a
properly configured PII number:
[GRAPHIC] [TIFF OMITTED] TR29JY09.000
PART 217--SPECIAL CONTRACTING METHODS
0
4. Section 217.207 is added to read as follows:
217.207 Exercise of options.
(c) In addition to the requirements at FAR 17.207(c), exercise an
option only after determining that the contractor's record in the
Central Contractor Registration database is active and the contractor's
Data Universal Numbering System (DUNS) number, Commercial and
Government Entity (CAGE) code, name, and physical address are
accurately reflected in the contract document.
[FR Doc. E9-17952 Filed 7-28-09; 8:45 am]
BILLING CODE 5001-08-P