[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Proposed Rules]
[Pages 51957-51958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21052]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 204
RIN 0750-AH80
Defense Federal Acquisition Regulation Supplement: Clarification
of ``F'' Orders in the Procurement Instrument Identification Number
Structure (DFARS Case 2012-D040)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to update instructions for assigning
basic and supplementary procurement instrument identification numbers.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before October 29, 2012, to be considered
in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2012-D040, using
any of the following methods:
[cir] Regulations.gov: http://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by entering ``DFARS Case 2012-D040''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case
2012-D040.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``DFARS Case 2012-D040'' on your attached document.
[cir] Email: dfars@osd.mil. Include DFARS Case 2012-D040 in the
subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Veronica
Fallon, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301-3060.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Veronica Fallon, telephone 571-372-
6087.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS to eliminate the requirement
to utilize an ``F'' in the 9th position of the procurement instrument
identification number (PIIN) to identify awards to certain vendors,
including AbilityOne and Federal Prison Industries (UNICOR), and to
other Government organizations. These vendors are uniquely identified
today by their DUNS number and/or CAGE code and, therefore, associated
contract actions are easily tracked. There is no longer any need for
DoD to uniquely identify contract actions with these vendors. Under the
proposed rule, contract actions with these vendors will be treated and
identified in the same manner as those with any other vendor. This
change proposes to limit the use of ``F'' in the 9th position of the
PIIN to those task and delivery orders issued under a non-DoD issued
contract or agreement. It is anticipated that this proposed change,
which further standardizes DoD procedures, will also reduce data errors
and interoperability problems throughout the Department's business
processes.
II. Discussion and Analysis
DoD is proposing the following changes to the DFARS:
Revise 204.7003, Basic PII number, paragraph (a)(3),
Position 9, by--
--Deleting from subparagraph (iii) instrument type C, the exception for
contracts placed with or through other Government departments or
agencies;
--Deleting from subparagraph (vi) instrument type F, contracting
actions placed with or through other Government departments or agencies
or against contracts placed by such departments or agencies outside the
DoD (including actions from nonprofit agencies employing people who are
blind or severely disabled (AbilityOne), and the Federal Prison
Industries (UNICOR));
--Providing at subparagraph (vi) instrument type F direction for its
use with blanket purchase agreement calls, orders under contracts,
including Federal Supply Schedules, Governmentwide acquisition
contracts, and multi-agency contracts, basic ordering agreements issued
by departments or agencies outside of DoD; and
Revising 204.7004, Supplementary PII numbers, paragraph
(d)(2)(ii) by providing direction to use ``F'' in position 9 for calls
against blanket purchase agreements and orders placed under non-DoD
issued contracts including Federal Supply Schedules, Governmentwide
acquisition contracts, and multi-agency contracts, or basic ordering
agreements. The proposed text also directs that a supplementary PII
number with an ``F'' in the 9th position is to be used only once, and
not for more than one order.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and
[[Page 51958]]
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
IV. Regulatory Flexibility Act
DoD does not expect this proposed rule 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 it applies to a narrowly limited population of contract
actions. However, an initial regulatory flexibility analysis has been
performed and is summarized as follows:
This proposed rule would affect how DoD contracting officers assign
Procurement Instrument Identification Numbers (PIINs) to procurement
actions. The proposed rule does not impact small entities as it only
impacts the internal operating procedures of the Government by
specifying how the assigned PIIN is constructed for certain procurement
actions. This change would limit the use of ``F'' in the 9th position
to those calls or orders issued under non-DoD issued contracts, basic
ordering agreements, or blanket purchase agreements. As a result of the
proposed rule, new awards under the AbilityOne program and the Federal
Prison Industries program would no longer reflect an ``F'' in the PIIN.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. There are no significant alternatives to accomplish the
stated objectives of this rule. DoD invites comments from small
business concerns and other interested parties on the expected impact
of this rule on small entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2012-D040) in the
correspondence.
IV. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 204
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 204 is proposed to be amended as follows:
1. The authority citation for 48 CFR part 204 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE MATTERS
2. Section 204.7003(a)(3) is amended by revising paragraphs (iii)
and (vi) to read as follows:
204.7003 Basic PII number.
(a) * * *
(3) * * *
(iii) Contracts of all types except indefinite-delivery contracts,
sales contracts, and short form research contracts. Do not use this
code for contracts or agreements with provisions for orders or calls--C
* * * * *
(vi) Calls against blanket purchase agreements and orders under
contracts (including Federal Supply Schedules, Governmentwide
acquisition contracts, and multi-agency contracts) and basic ordering
agreements issued by departments or agencies outside DoD. Do not use
the F designation on DoD-issued purchase orders, contracts, agreements,
or orders placed under DoD-issued contracts or agreements--F
* * * * *
3. Section 204.7004(d)(2) is amended by revising paragraph (ii) to
read as follows:
204.7004 Supplementary PII numbers.
* * * * *
(d) * * *
(2) * * *
(ii) If an office is placing calls against blanket purchase
agreements or orders under non-DoD issued contracts (including Federal
Supply Schedules, Governmentwide acquisition contracts, and multi-
agency contracts), or basic ordering agreements, the office shall
identify the instrument with a 13 position supplementary PII number
using an F in the 9th position. Do not use the same supplementary PII
number with an F in the 9th position on more than one order.
Modifications to these calls or orders shall be numbered in accordance
with paragraph (c) of this section.
* * * * *
[FR Doc. 2012-21052 Filed 8-27-12; 8:45 am]
BILLING CODE 5001-06-P