[Federal Register Volume 61, Number 246 (Friday, December 20, 1996)]
[Rules and Regulations]
[Pages 67412-67417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32003]
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DEPARTMENT OF DEFENSE
48 CFR Parts 4, 52, and 53
[FAC 90-43, FAR Case 95-307, Item III]
RIN 9000-AH33
Federal Acquisition Regulation; Use of Data Universal Numbering
System as Primary Contractor Identification
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comment.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed to an interim rule which
amends the FAR by adding a new solicitation provision at 52.204-6, and
by revising Standard Forms 294 and 295, to replace the Contractor
Establishment Code (CEC) with the Data Universal Numbering System
(DUNS) number as the means of identifying contractors in the Federal
Procurement Data System. This regulatory action was not subject to
Office of Management and Budget (OMB) review under Executive Order
12866, dated September 30, 1993, and is not a major rule under 5 U.S.C.
804.
DATES: Effective Date: December 20, 1996.
Comment Date: Comments should be submitted to the FAR Secretariat
at the address shown below on or before February 18, 1997 to be
considered in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to:
General Services Administration, FAR Secretariat (MVRS), 18th & F
Streets, NW, Room 4035, Attn: Ms. Beverly Fayson, Washington, DC 20405.
Please cite FAC 90-43, FAR case 95-307, in all correspondence related
to this case.
FOR FURTHER INFORMATION CONTACT: Ms. Linda Klein at (202) 501-3775 in
reference to this FAR case. For general information, contact the FAR
Secretariat, Room 4035, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-43, FAR case 95-307.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule amends FAR Parts 4, 52, and 53 (i.e., block 2 of
Standard Form (SF) 294, Subcontracting Report for Individual Contracts,
and SF 295, Summary Subcontract Report). Federal agencies report data
to the Federal Procurement Data Center, which collects, processes, and
disseminates official statistical data on Federal contracting.
B. 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 the rule
merely replaces the CEC with the DUNS number to identify contractors in
the Federal Procurement Data System. It is estimated that it will take
each contractor only 5 minutes to request a DUNS number from Dun and
Bradstreet. An Initial Regulatory Flexibility Analysis has, therefore,
not been performed. Comments are invited from small businesses and
other interested parties. Comments from small entities concerning the
affected FAR parts also will be considered in accordance with 5 U.S.C.
610. Such comments must be submitted separately and cite 5 U.S.C. 601,
et seq. (FAR case 95-307), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 96-511) is deemed to apply
because the interim rule contains information collection requirements.
Contractors will now have to obtain/report a contractor identification
number (i.e., DUNS number). Accordingly, a request for approval of a
new information collection requirement has been submitted to the Office
of Management and Budget under 44 U.S.C. 3501, et seq.
D. 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. The Federal
Procurement Data System (FPDS) reporting requirements are currently
being revised to conform to the requirements of Section 10004 of the
Federal Acquisition Streamlining Act of 1994 (FASA). This rule
implements a determination made by the Office of Federal Procurement
Policy to use the DUNS number for FPDS reporting purposes in place of
the CEC and to identify vendors in the Federal Acquisition Computer
Network (FACNET) vendor registration database. Agencies may begin
reporting the DUNS number with FY 1996 first quarter submissions to the
Federal Procurement Data Center. For this reason, and because of the
interrelationship of this revision and the FASA-related changes to the
FPDS, publication of an interim rule is considered necessary. However,
pursuant to Pub. L. 98-577 and FAR 1.501, public comments received in
response to this interim rule will be considered in the formulation of
the final rule.
List of Subjects in 48 CFR Parts 4, 52, and 53
Government procurement.
Dated: December 11, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Parts 4, 52, and 53 are amended as set forth
below:
1. The authority citation for 48 CFR Parts 4, 52, and 53 continues
to read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 4--ADMINISTRATIVE MATTERS
2. Section 4.602(d) is revised to read as follows:
4.602 Federal Procurement Data System.
* * * * *
(d) The contracting officer shall report a Contractor
Identification Number for each successful offeror. A Data Universal
Numbering System (DUNS) number, which is a nine-digit number assigned
by Dun and Bradstreet Information Services to an establishment, is the
Contractor Identification Number for Federal contractors. The DUNS
number reported must identify the successful offeror's name and address
exactly as stated in the offer and resultant contract. The contracting
officer shall ask the offeror to provide its DUNS number by using the
provision prescribed at 4.603(a). If the successful offeror does not
provide its number, the contracting officer shall contact the offeror
and obtain the DUNS number.
3. Section 4.603 is revised to read as follows:
4.603 Solicitation provisions.
(a) The contracting officer shall insert the provision at 52.204-6,
Contractor Identification Number--Data Universal Numbering System
(DUNS) Number, in solicitations that are expected to result in a
requirement for the generation of an SF 279, Federal Procurement Data
System (FPDS)--Individual Contract Action Report (see 4.602(c)), or
similar agency form.
(b) The contracting officer shall insert the provision at 52.204-5,
Women-Owned Business, in all solicitations that are not set aside for
small business concerns and that exceed the simplified acquisition
threshold, when the contract
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is to be performed inside the United States, its territories or
possessions, Puerto Rico, the Trust Territory of the Pacific Islands,
or the District of Columbia.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Section 52.204-5, introductory text, is revised to read as
follows:
52.204-5 Women-Owned Business.
As prescribed in 4.603(b), insert the following provision:
* * * * *
5. Section 52.204-6 is added to read as follows:
52.204-6 Contractor Identification Number--Data Universal Numbering
System (DUNS) Number.
As prescribed in 4.603(a), insert the following provision:
CONTRACTOR IDENTIFICATION NUMBER--DATA UNIVERSAL NUMBERING SYSTEM
(DUNS) NUMBER (DEC 1996)
(a) Contractor Identification Number, as used in this provision,
means ``Data Universal Numbering System (DUNS) number,'' which is a
nine-digit number assigned by Dun and Bradstreet Information
Services.
(b) Contractor identification is essential for complying with
statutory contract reporting requirements. Therefore, the offeror is
requested to enter, in the block with its name and address on the
Standard Form 33 or similar document, the annotation ``DUNS''
followed by the DUNS number which identifies the offeror's name and
address exactly as stated in the offer.
(c) If the offeror does not have a DUNS number, it should
contact Dun and Bradstreet directly to obtain one. A DUNS number
will be provided immediately by telephone at no charge to the
offeror. For information on obtaining a DUNS number, the offeror
should call Dun and Bradstreet at 1-800-333-0505. The offeror should
be prepared to provide the following information:
(1) Company name.
(2) Company address.
(3) Company telephone number.
(4) Line of business.
(5) Chief executive officer/key manager.
(6) Date the company was started.
(7) Number of people employed by the company.
(8) Company affiliation.
(d) Offerors located outside the United States may obtain the
location and phone number of the local Dun and Bradstreet
Information Services office from the Internet Home Page at http://
www.dbisna.com/dbis/customer/custlist.htm. If an offeror is unable
to locate a local service center, it may send an e-mail to Dun and
Bradstreet at [email protected].
(End of provision)
PART 53--FORMS
53.219 [Amended]
6. Section 53.219 is amended in paragraphs (a) and (b) by revising
``(Rev Oct 1995)'' to read ``(REV. 10/96)''.
7. Section 53.301-294 is revised to read as follows:
53.301-294 Subcontracting Report for Individual Contracts
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8. Section 53.301-295 is revised to read as follows:
53.301-295 Summary Subcontract Report
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[FR Doc. 96-32003 Filed 12-19-96; 8:45 am]
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