[Federal Register: October 1, 2003 (Volume 68, Number 190)]
[Rules and Regulations]
[Page 56669-56676]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc03-18]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 2, 4, 13, 32, and 52
[FAC 2001-16; FAR Case 2002-018; Item I]
RIN 9000-AJ61
Federal Acquisition Regulation; Central Contractor Registration
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to require
registration of contractors in the Central Contractor Registration
(CCR) database prior to award of any contract, basic agreement, basic
ordering agreement, or blanket purchase agreement. In addition, the
rule requires contracting officers to modify existing contracts whose
period of performance extends beyond December 31, 2003, to require
contractors to register in the CCR database by December 31, 2003. The
rule also revises the source list of supplies in the FAR (see
Simplified Acquisition Procedures) to reflect statutory changes.
DATES: Effective Date: October 1, 2003.
Applicability Date: This final rule applies to contracts, basic
agreements, basic ordering agreements, blanket purchase agreements, or
modifications awarded on or after October 1, 2003. Existing contracts,
basic agreements, basic ordering agreements, or blanket purchase
agreements with a period of performance beyond December 31, 2003, are
also covered by this final rule and must be modified pursuant to FAR
4.1103.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC, 20405, (202) 501-4755, for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Jeritta Parnell, Procurement Analyst, at (202)
501-4082. Please cite FAC 2001-16, FAR case 2002-018.
SUPPLEMENTARY INFORMATION:
A. Background
This rule amends the FAR to require contractor registration in the
Central Contractor Registration (CCR) database prior to award of any
contract, basic agreement, basic ordering agreement, or blanket
purchase agreement. In addition, the rule requires contracting officers
to modify existing contracts whose period of performance extends beyond
December 31, 2003, to require contractors to register in the CCR
database by December 31, 2003.
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 68 FR 16366, April 3, 2003, with a request for comments.
Thirty-one respondents submitted 106 comments. The following discussion
of the comments is provided:
1. The proposed rule requires registration of contractors in the
CCR
[[Page 56670]]
database for new awards and modifications to existing contracts by
September 30, 2003.
Comment: A number of respondents recommended some sort of
transition period.
Response: Concur that there should be a short transition period.
Departments and agencies were informed in OMB letters in mid-2001 that
the CCR was a goal under the President's Management Agenda. For
existing contracts and agreements, the final rule allows agencies until
December 31, 2003, or sooner, to accomplish the transition to CCR so
that they may still fulfill, in a timely fashion, an important
objective of the integrated acquisition initiative, i.e., to eliminate
repetitive vendor registration.
2. Unless one of the exceptions applies, the rule applies to
contractors with new contracts and existing contracts.
Comment: A number of respondents did not believe that it was in the
best interest of the Government to require existing contracts to be
modified to include the CCR registration requirement. One respondent
suggested a ``grandfathering'' of existing contracts.
Response: Do not concur. Modification of current contracts benefits
both the Government and contractors, by eliminating the need to
maintain paper-based sources of contract information, by enabling
contractors to update their information in one place via a website, and
by allowing contracting officers to access contractor data and industry
information less expensively, and more efficiently identify sources for
contracting opportunities. Since other systems are using CCR data,
modifications will ensure that the correct information provided by the
vendor is used. Wholesale ``grandfathering'' is not considered an
option as it would defeat one reason for CCR; i.e., having one accurate
and complete database for intergovernmental use.
3. Unless one of the exceptions applies, the rule requires small
entities to register in CCR before contract award.
Comment: A number of respondents voiced concern regarding small
businesses not having access to computers, refusing to register, not
accepting payment by EFT. The possibility of an alternative procedure
regarding small contractors was proposed.
Response: Partially concur. Language was added to the exceptions to
cover micropurchases that do not use the electronic funds transfer
(EFT) method and are not required to be reported. Additional changes
were not considered necessary. As a general matter, this rule benefits
small businesses since the CCR requirement (1) simplifies and
streamlines the procurement process by eliminating redundant
requirements and processes, and (2) increases visibility of contractor
sources for specific supplies and services. Contractors have been
encouraged for years to utilize the public resources available to them
when they do not have Internet access themselves. In addition, since
1998, the DoD has required small and large businesses to register in
the CCR database, with no apparent negative impact to small businesses.
One respondent concluded the rule would save small business time and
money by facilitating paperless procurement and payment through
electronic funds transfers.
4. The rule at FAR 4.1102(a)(1) through (a)(5) provides for
exceptions when CCR registration is not required.
Comment: A variety of suggestions were made in this area--adding
exceptions for Status of Forces Agreement (SOFA) family members
performing work OCONUS; contracts whose period of performance will not
extend beyond September 30, 2003; waivers to recognize the occasional
need to contract with a sole source; including a dollar threshold.
Several respondents requested clarification of the term purchasing
mechanism''. While other respondents requested that the exception
listed in paragraph (a)(5) concerning foreign vendors be expanded to
include all awards to foreign vendors for work performed outside the
U.S. In addition, two respondents pointed out that the exception in
paragraph (a)(5) implies registration of foreign vendors is required
after award.
Response: Changes were made to 4.1102(a)(1), (a)(2), and (a)(5).
Paragraph (a)(1) was revised to read, ``Purchases that use a
Governmentwide commercial purchase card as both the purchasing and
payment mechanism, as opposed to using the purchase card only as a
payment method.'' With this change, a threshold exception was
considered unnecessary as this could include many micro-purchases.
Paragraph (a)(2) was revised to delete the words ``or purchases'' since
the FAR defines ``classified contracts'', while paragraph (a)(5) was
revised to delete the words ``before award''. However, the Councils
believe that an attempt to register foreign vendors should be made.
Many foreign vendors are currently registered.
5. The Paperwork Burden Statement in the Federal Register notice of
the proposed rule.
Comment: Two respondents questioned the subject paragraph; i.e.,
the estimated respondents are too low (54,199) and the total burden
hours (54,199) are too low; and the 1 hour estimate to complete the
information is too low.
Response: No change. When drafted, the burden for this rule was to
represent only new transactions. The numbers were provided by FPDS and
represent new transactions for the year 2001 over $25,000. A DoD
clearance (OMB Control No. 0704-0400) provides for the current 226,000
enrolled in the CCR.
6. The Central Contractor Registration. Comments pertaining to the
system, not the rule.
Comment: A variety of comments were received that related to the
CCR and not to the rule. Examples of these comments include: Adding
additional fields to the CCR; Confusion between the words Business
Partner Network, CCR, and Federal Registration; Problems obtaining DUNS
numbers; CCR as an unfunded mandate for agencies; Concerns that the
financial community have implementing the requirement; The cost of
using the CCR, both for the contractor and agency; and how agencies
will be informed if contractors make changes to the information
contained in the CCR.
Response: No change to the rule. The Councils considered these
comments outside the scope of the case.
7. Individual comments and concerns that resulted in no change to
the rule.
Comment: A variety of comments were received under this category.
Examples of these comments include: Proposed revisions to the FAR
clauses at 52.204-7 and 52.212-4(t) that reduces contractor liability
for incorrect information; Will contractors be required to provide
banking information?; Suspend rule for 90 days to convene a public
meeting; Suggestion that each company elect to have a single annual
renewal date for all its CCR registrations; Can COs require contractors
with existing contracts to register in CCR?; What type of modification
is required to amend existing contracts?; What happens if a contractor
refuses to register; and who verifies the information in CCR?
Response: No change to the rule. The Councils did not believe the
comments included under this category required changes to the rule.
8. Editorial changes to the rule.
Comment: A variety of comments offered editorial changes to the
rule as follows:
1. A variety of editorials, including typos and updating
references.
2. New telephone numbers for D&B.
[[Page 56671]]
3. Deletion of an incorrect e-mail address at the FAR provision at
52.204-6(c).
4. A revision to FAR 13.102 to emphasize the use of the CCR
database.
5. Changes to the definitions of DUNS number and DUNS+4 at FAR
2.101 and 52.204-7(a). Changes were also made to FAR 52.204-6(b)(2),
52.204-7(c), and 52.212-1(j) to clarify and correct information related
to D&B and to obtaining DUNS numbers.
6. A revision to FAR 52.204-7(c) to include a verification
timeframe of ``normally takes less than 48 hours.''
7. A revision to FAR 13.201(d) to add a reference to 4.1104.
8. A revision to FAR 4.1104 to delete a redundant phrase.
9. A revision to FAR 52.212-4(t) to include language that addresses
novation and change of name agreements included in FAR 52.204-7(g)(2).
10. A revision to FAR 4.203(e) and 4.905 to preclude furnishing
information that may be required by CCR.
Response: The rule reflects editorial revisions.
This is not a significant regulatory action and, therefore, was not
subject to 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.
B. Regulatory Flexibility Act
The changes may 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 imposes a
reporting, recordkeeping, or other compliance requirements. All small
entities will be subject to the rule unless their contract, basic
agreements, basic ordering agreement, or blanket purchase agreement
falls within one of the six exceptions. A Final Regulatory Flexibility
Analysis (FRFA) has been prepared and is as follows:
Final Regulatory Flexibility Analysis--FAR Case 2002-018, Central
Contractor Registration
This Final Regulatory Flexibility Analysis has been prepared
consistent with the criteria of 5 U.S.C. 604.
1. Description of the reasons why action by the agency is being
considered.
In an effort to broaden use and reliance upon e-business
applications, the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council are working with the Office
of Federal Procurement Policy to eliminate the need to maintain
paper-based sources of contractor information. The Central
Contractor Registration (CCR) System is a centrally located,
searchable database, accessible via the Internet to develop,
maintain, and provide sources for future procurements. The CCR data
is the most up to date and complete data available. As a single
validated source of data on contractors doing business with the
Government, the CCR database enables prospective contractors to
update their information in one place via a web site (http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.CCR.gov
). The information is then available via the Internet.
Contracting officers will now be able to access contractor data and
industry information less expensively, and more efficiently identify
sources for contracting opportunities. This rule will not create a
total electronic commerce environment, but will help provide a basic
framework or foundation that will allow migration to a total
electronic commerce environment. There are other projects that are
completed (FedBizOpps) or in the planning stages, which are
complementary and will also become part of the total electronic
commerce initiative.
2. Summary of the significant issues raised by the public
comments in response to the initial regulatory flexibility analysis,
a summary of the assessment of the agency of such issues, and a
statement of any changes made in the proposed rule as a result of
such comments.
No comments were received in response to the Initial Regulatory
Flexibility Analysis for this rule.
3. Description of, and, where feasible, estimate of the number
of small entities to which the proposed rule will apply.
To date, no supporting data has been collected; therefore, there
is no available estimate of the number of small businesses that will
be subject to the rule. However, some agencies (e.g., DoD) already
require contractors to register in the CCR and there does not appear
to be any adverse impact on small business. Based on Governmentwide
data, approximately 42,675 small businesses were awarded contracts
of $25,000 or more in fiscal year 2001. It is estimated that a
majority of them will be subject to the rule. Many of these
businesses are already among the over 200,000 registrants in CCR.
Information is not available to identify the additional number of
small businesses that were awarded contracts of less than $25,000,
or were awarded basic agreements, basic ordering agreements, or
blanket purchase agreements.
4. Description of projected reporting, recordkeeping, and other
compliance requirements of the proposed rule, including an estimate
of the classes of small entities that will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record.
This rule imposes a reporting, recordkeeping, or other
compliance requirements. However, this requirement will be
significantly reduced from that currently required. Existing
regulations require contractors to submit duplicate information each
time they enter into contracts and certain types of agreements with
the Government. This rule eliminates this duplication so that
information the Government needs to do business with a contractor
will be collected once (with periodic update by the contractor) for
use many times. All small entities will be subject to the rule
unless their contract, basic agreements, basic ordering agreements,
or blanket purchase agreements fall within one of the six
exceptions. A contractor's administrative or financial personnel,
who have general knowledge of the contractor's business, including
the contractor's bank account and financial agent, may register by
providing the pertinent information into the CCR database.
5. Description of the steps the agency has taken to minimize the
significant economic impact on small entities consistent with the
stated objectives of applicable statutes, including a statement of
factual, policy, and legal reasons for selecting the alternative
adopted in the final rule and why each one of the other significant
alternatives to the rule considered by the agency which affect the
impact on small entities was rejected.
There are no significant practical alternatives that will
accomplish the objective of this rule. Continued reliance on a
paper-based system would unnecessarily promote inefficiency
associated with paper-based processes. The successful phase-out of
the paper-based Commerce Business Daily in favor of reliance on
FedBizOpps demonstrates that the Federal contracting community,
including small businesses, is successfully transitioning to greater
use of electronic tools and their associated efficiencies to conduct
business.
The FAR Secretariat has submitted a copy of the FRFA to the Chief
Counsel for Advocacy of the Small Business Administration. Interested
parties may obtain a copy from the FAR Secretariat. The Councils will
consider comments from small entities concerning the affected FAR parts
1, 2, 4, 13, 32, 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 2001-16, FAR case 2002-018), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 104-13) applies because the
final rule contains information collection requirements. The paperwork
burden analysis takes into account the burden required for information
current, complete and accurate and the burden required for new
registrants to review instructions, search existing data sources,
gather and maintain the data needed, and completing and reviewing the
collection of information. Accordingly, the FAR Secretariat has
forwarded a request for approval of the increased information
collection requirement, OMB Control Number 9000-0159, concerning FAR
Case 2002-018, Central Contractor Registration, to the Office of
Management and Budget. Public comments concerning this request will be
invited through a subsequent Federal Register notice.
[[Page 56672]]
List of Subjects in 48 CFR Parts 1, 2, 4, 13, 32, and 52
Government procurement.
Dated: September 24, 2003.
Laura G. Auletta,
Director, Acquisition Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 2, 4, 13, 32, and
52 as set forth below:
0
1. The authority citation for 48 CFR parts 1, 2, 4, 13, 32, and 52 is
revised 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 adding FAR segments ``52.204-7'', ``52.212-1(k)'', and
``52.212-4(t)'' and corresponding OMB Control Numbers ``9000-0159'',
respectively.
PART 2--DEFINITIONS OF WORDS AND TERMS
0
3. Amend section 2.101(b) by adding, in alphabetical order, the
definitions ``Central Contractor Registration (CCR) database'', ``Data
Universal Numbering System (DUNS) number'', ``Data Universal Numbering
System +4 (DUNS+4) number'', and ``Registered in the CCR database'' to
read as follows:
2.101 Definitions.
* * * * *
(b) * * *
Central Contractor Registration (CCR) database means the primary
Government repository for contractor information required for the
conduct of business with the Government.
* * * * *
Data Universal Numbering System (DUNS) number means the 9-digit
number assigned by Dun and Bradstreet, Inc. (D&B), to identify unique
business entities.
Data Universal Numbering System +4 (DUNS+4) number means the DUNS
number assigned by D&B plus a 4-character suffix that may be assigned
by a business concern. (D&B has no affiliation with this 4-character
suffix.) This 4-character suffix may be assigned at the discretion of
the business concern to establish additional CCR records for
identifying alternative Electronic Funds Transfer (EFT) accounts (see
subpart 32.11) for the same concern.
* * * * *
Registered in the CCR database means that--
(1) The contractor has entered all mandatory information, including
the DUNS number or the DUNS+4 number, into the CCR database; and
(2) The Government has validated mandatory data fields and has
marked the record ``Active''.
* * * * *
PART 4--ADMINISTRATIVE MATTERS
0
4. Amend section 4.203 by revising the introductory text of paragraph
(e)(1) to read as follows:
4.203 Taxpayer identification information.
* * * * *
(e) * * *
(1) Each contracting officer that issues a basic ordering agreement
or indefinite-delivery contract (other than a Federal Supply Schedule
contract) shall provide to contracting officers placing orders under
the agreement or contract (if the contractor is not required to provide
this information to a central contractor registration database)--
* * * * *
0
5. Amend section 4.603 by revising paragraph (a) to read as follows:
4.603 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
an SF 279, Federal Procurement Data System (FPDS)--Individual Contract
Action Report (see 4.602(c)), or a similar agency form; and
(2) Do not contain the clause at 52.204-7, Central Contractor
Registration.
* * * * *
0
6. Revise section 4.905 to read as follows:
4.905 Solicitation provision.
The contracting officer shall insert the provision at 52.204-3,
Taxpayer Identification, in solicitations that--
(a) Do not include the clause at 52.204-7, Central Contractor
Registration; and
(b) Are not conducted under the procedures of part 12.
0
7. Add subpart 4.11 to read as follows:
Subpart 4.11--Central Contractor Registration
Sec.
4.1100 Scope.
4.1101 Definitions.
4.1102 Policy.
4.1103 Procedures.
4.1104 Solicitation provision and contract clauses.
4.1100 Scope.
This subpart prescribes policies and procedures for requiring
contractor registration in the Central Contractor Registration (CCR)
database, a part of the Business Partner Network (BPN) to--
(a) Increase visibility of vendor sources (including their
geographical locations) for specific supplies and services; and
(b) Establish a common source of vendor data for the Government.
4.1101 Definitions.
As used in this subpart--
Agreement means basic agreement, basic ordering agreement, or
blanket purchase agreement.
Business Partner Network means an integrated electronic
infrastructure the Government uses to manage (i.e., collect, validate,
access and maintain) the information it needs to transact business with
its contractors.
4.1102 Policy.
(a) Prospective contractors shall be registered in the CCR database
prior to award of a contract or agreement, except for--
(1) Purchases that use a Governmentwide commercial purchase card as
both the purchasing and payment mechanism, as opposed to using the
purchase card only as a payment method;
(2) Classified contracts (see 2.101) when registration in the CCR
database, or use of CCR data, could compromise the safeguarding of
classified information or national security;
(3) Contracts awarded by--
(i) Deployed contracting officers in the course of military
operations, including, but not limited to, contingency operations as
defined in 10 U.S.C. 101(a)(13) or humanitarian or peacekeeping
operations as defined in 10 U.S.C. 2302(7); or
(ii) Contracting officers in the conduct of emergency operations,
such as responses to natural or environmental disasters or national or
civil emergencies, e.g., Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121);
(4) Contracts to support unusual or compelling needs (see 6.302-2);
(5) Awards made to foreign vendors for work performed outside the
United States, if it is impractical to obtain CCR registration; and
(6) Micro-purchases that do not use the electronic funds transfer
(EFT) method for payment and are not required to be reported (see
subpart 4.6).
(b) If practical, the contracting officer shall modify the contract
or agreement
[[Page 56673]]
awarded under paragraph (a)(3) or (a)(4) of this section to require CCR
registration.
(c)(1)(i) If a contractor has legally changed its business name,
``doing business as'' name, or division name (whichever is shown on the
contract), or has transferred the assets used in performing the
contract, but has not completed the necessary requirements regarding
novation and change-of-name agreements in Subpart 42.12, the contractor
shall provide the responsible contracting officer a minimum of one
business day's written notification of its intention to change the name
in the CCR database; comply with the requirements of Subpart 42.12; and
agree in writing to the timeline and procedures specified by the
responsible contracting officer. The contractor must provide with the
notification sufficient documentation to support the legally changed
name.
(ii) If the contractor fails to comply with the requirements of
paragraph (g)(1)(i) of the clause at 52.204-7, Central Contractor
Registration, or fails to perform the agreement at 52.204-
7(g)(1)(i)(3), and, in the absence of a properly executed novation or
change-of-name agreement, the CCR information that shows the contractor
to be other than the contractor indicated in the contract will be
considered to be incorrect information within the meaning of the
``Suspension of Payment'' paragraph of the EFT clause of the contract.
(2) The contractor shall not change the name or address for
electronic funds transfer payments (EFT) or manual payments, as
appropriate, in the CCR record to reflect an assignee for the purpose
of assignment of claims (see subpart 32.8, Assignment of Claims).
(3) Assignees shall be separately registered in the CCR database.
Information provided to the contractor's CCR record that indicates
payments, including those made by EFT, to an ultimate recipient other
than that contractor will be considered to be incorrect information
within the meaning of the ``Suspension of payment'' paragraph of the
EFT clause of the contract.
4.1103 Procedures.
(a) Unless the acquisition is exempt under 4.1102, the contracting
officer--
(1) Shall verify that the prospective contractor is registered in
the CCR database (see paragraph (b) of this section) before awarding a
contract or agreement;
(2) Should use the DUNS number or, if applicable, the DUNS+4
number, to verify registration--
(i) Via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ccr.gov;
(ii) By calling toll-free: 1-888-227-2423, commercial: (269) 961-
5757, or Defense Switched Network (DSN) (used at certain Department of
Defense locations): 932-5757; or
(iii) As otherwise provided by agency procedures; and
(3) Shall modify a contract or agreement that does not already
include the requirement to be registered in the CCR database and
maintain registration until final payment, and whose period of
performance extends beyond December 31, 2003--
(i) To incorporate, as appropriate, the clause at 52.204-7, Central
Contractor Registration, and its Alternate I, or, for a contract for
commercial items, an addendum to 52.212-4, Contract Terms and
Conditions--Commercial Items, that requires the contractor to be
registered in the CCR database by December 31, 2003, and maintain
registration until final payment; and
(ii) In sufficient time to permit CCR registration by December 31,
2003.
(b) Need not verify registration before placing an order or call if
the contract or agreement includes the clause at 52.204-7, or 52.212-
4(t), or a similar agency clause.
(c) If the contracting officer, when awarding a contract or
agreement, determines that a prospective contractor is not registered
in the CCR database and an exception to the registration requirements
for the award does not apply (see 4.1102), the contracting officer
shall--
(1) If the needs of the requiring activity allow for a delay, make
award after the apparently successful offeror has registered in the CCR
database. The contracting officer shall advise the offeror of the
number of days it will be allowed to become registered. If the offeror
does not become registered by the required date, the contracting
officer shall award to the next otherwise successful registered offeror
following the same procedures (i.e., if the next apparently successful
offeror is not registered, the contracting officer shall advise the
offeror of the number of days it will be allowed to become registered,
etc.); or
(2) If the needs of the requiring activity do not allow for a
delay, proceed to award to the next otherwise successful registered
offeror, provided that written approval is obtained at one level above
the contracting officer.
(d) Agencies shall protect against improper disclosure of
contractor CCR information.
(e) The contracting officer shall, on contractual documents
transmitted to the payment office, provide the DUNS number, or, if
applicable, the DUNS+4, in accordance with agency procedures.
4.1104 Solicitation provision and contract clauses.
Except as provided in 4.1102(a), use the clause at 52.204-7,
Central Contractor Registration, in solicitations and contracts. If
modifying a contract or an agreement to require registration, use the
clause with its Alternate I.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
0
8. Amend section 13.102 by revising paragraph (a) to read as follows:
13.102 Source list.
(a) Contracting officers should use the Central Contractor
Registration database (see Subpart 4.11) at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ccr.gov as their
primary sources of vendor information. Offices maintaining additional
vendor source files or listings should identify the status of each
source (when the status is made known to the contracting office) in the
following categories:
(1) Small business.
(2) Small disadvantaged business.
(3) Women-owned small business.
(4) HUBZone small business.
(5) Service-disabled veteran-owned small business.
(6) Veteran-owned small business.
* * * * *
13.201 [Amended]
0
9. Amend section 13.201 in the first sentence of paragraph (d) by
removing ``32.1110'' and adding ``4.1104 and 32.1110'' in its place.
PART 32--CONTRACT FINANCING
0
10. Amend section 32.805 by adding paragraph (d)(4) to read as follows:
32.805 Procedure.
* * * * *
(d) * * *
(4) The assignee is registered separately in the Central Contractor
Registration unless one of the exceptions in 4.1102 applies.
* * * * *
32.1103 [Amended]
0
11. Amend section 32.1103 by removing the word ``where'' from paragraph
(d).
0
12. Amend section 32.1110 by revising the introductory text of
paragraph (a), (a)(1), and (a)(2)(i) to read as follows:
32.1110 Solicitation provision and contract clauses.
(a) The contracting officer shall insert the clause at--
[[Page 56674]]
(1) 52.232-33, Payment by Electronic Funds Transfer--Central
Contractor Registration, in solicitations and contracts that include
the clause at 52.204-7 or an agency clause that requires a contractor
to be registered in the CCR database and maintain registration until
final payment, unless--
(i) Payment will be made through a third party arrangement (see
13.301 and paragraph (d) of this section); or
(ii) An exception listed in 32.1103(a) through (i) applies.
(2)(i) 52.232-34, Payment by Electronic Funds TransferuOther than
Central Contractor Registration, in solicitations and contracts that
require EFT as the method for payment but do not include the clause at
52.204-7, Central Contractor Registration, or a similar agency clause
that requires the contractor to be registered in the CCR database.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
13. Revise section 52.204-6 to read as follows:
52.204-6 Data Universal Numbering System (DUNS) Number.
As prescribed in 4.603(a), insert the following provision:
Data Universal Numbering System (DUNS) Number (Oct 2003)
(a) The offeror shall enter, in the block with its name and
address on the cover page of its offer, the annotation ``DUNS'' or
``DUNS+4'' followed by the DUNS number or ``DUNS+4'' that identifies
the offeror's name and address exactly as stated in the offer. The
DUNS number is a nine-digit number assigned by Dun and Bradstreet,
Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that
may be assigned at the discretion of the offeror to establish
additional CCR records for identifying alternative Electronic Funds
Transfer (EFT) accounts (see Subpart 32.11) for the same parent
concern.
(b) If the offeror does not have a DUNS number, it should
contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number--
(i) If located within the United States, by calling Dun and
Bradstreet at 1-866-705-5711 or via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.dnb.com
; or
(ii) If located outside the United States, by contacting the
local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following
information:
(i) Company legal business name.
(ii) Tradestyle, doing business, or other name by which your
entity is commonly recognized.
(iii) Company physical street address, city, state and Zip Code.
(iv) Company mailing address, city, state and Zip Code (if
separate from physical).
(v) Company telephone number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting
relationship within your entity).
(End of provision)
0
14. Add section 52.204-7 to read as follows:
52.204-7 Central Contractor Registration.
As prescribed in 4.1104, use the following clause:
Central Contractor Registration (Oct 2003)
(a) Definitions. As used in this clause--
Central Contractor Registration (CCR) database means the primary
Government repository for Contractor information required for the
conduct of business with the Government.
Data Universal Numbering System (DUNS) number means the 9-digit
number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique
business entities.
Data Universal Numbering System +4 (DUNS+4) number means the
DUNS number assigned by D&B plus a 4-character suffix that may be
assigned by a business concern. (D&B has no affiliation with this 4-
character suffix.) This 4-character suffix may be assigned at the
discretion of the business concern to establish additional CCR
records for identifying alternative Electronic Funds Transfer (EFT)
accounts (see the FAR at Subpart 32.11) for the same parent concern.
Registered in the CCR database means that--
(1) The Contractor has entered all mandatory information,
including the DUNS number or the DUNS+4 number, into the CCR
database; and
(2) The Government has validated all mandatory data fields and
has marked the record ``Active''.
(b)(1) By submission of an offer, the offeror acknowledges the
requirement that a prospective awardee shall be registered in the
CCR database prior to award, during performance, and through final
payment of any contract, basic agreement, basic ordering agreement,
or blanket purchasing agreement resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and
address on the cover page of its offer, the annotation ``DUNS'' or
``DUNS +4'' followed by the DUNS or DUNS +4 number that identifies
the offeror's name and address exactly as stated in the offer. The
DUNS number will be used by the Contracting Officer to verify that
the offeror is registered in the CCR database.
(c) If the offeror does not have a DUNS number, it should
contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number--
(i) If located within the United States, by calling Dun and
Bradstreet at 1-866-705-5711 or via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.dnb.com
; or
(ii) If located outside the United States, by contacting the
local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following
information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your
entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and Zip
Code.
(iv) Company Mailing Address, City, State and Zip Code (if
separate from physical).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting
relationship within your entity).
(d) If the Offeror does not become registered in the CCR
database in the time prescribed by the Contracting Officer, the
Contracting Officer will proceed to award to the next otherwise
successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be
taken into consideration when registering. Offerors who are not
registered should consider applying for registration immediately
upon receipt of this solicitation.
(f) The Contractor is responsible for the accuracy and
completeness of the data within the CCR database, and for any
liability resulting from the Government's reliance on inaccurate or
incomplete data. To remain registered in the CCR database after the
initial registration, the Contractor is required to review and
update on an annual basis from the date of initial registration or
subsequent updates its information in the CCR database to ensure it
is current, accurate and complete. Updating information in the CCR
does not alter the terms and conditions of this contract and is not
a substitute for a properly executed contractual document.
(g)(1)(i) If a Contractor has legally changed its business name,
``doing business as'' name, or division name (whichever is shown on
the contract), or has transferred the assets used in performing the
contract, but has not completed the necessary requirements regarding
novation and change-of-name agreements in Subpart 42.12, the
Contractor shall provide the responsible Contracting Officer a
minimum of one business day's written notification of its intention
to (A) change the name in the CCR database; (B) comply with the
requirements of Subpart 42.12 of the FAR; and (C) agree in writing
to the timeline and procedures specified by the responsible
Contracting Officer. The Contractor must provide with the
notification sufficient documentation to support the legally changed
name.
(ii) If the Contractor fails to comply with the requirements of
paragraph (g)(1)(i) of this clause, or fails to perform the
agreement at paragraph (g)(1)(i)(C) of this clause, and, in the
absence of a properly executed novation or change-of-name agreement,
the CCR information that shows the Contractor to be other than the
Contractor indicated in the contract will be considered to be
incorrect
[[Page 56675]]
information within the meaning of the ``Suspension of Payment''
paragraph of the electronic funds transfer (EFT) clause of this
contract.
(2) The Contractor shall not change the name or address for EFT
payments or manual payments, as appropriate, in the CCR record to
reflect an assignee for the purpose of assignment of claims (see FAR
Subpart 32.8, Assignment of Claims). Assignees shall be separately
registered in the CCR database. Information provided to the
Contractor's CCR record that indicates payments, including those
made by EFT, to an ultimate recipient other than that Contractor
will be considered to be incorrect information within the meaning of
the ``Suspension of payment'' paragraph of the EFT clause of this
contract.
(h) Offerors and Contractors may obtain information on
registration and annual confirmation requirements via the internet
at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.
Alternate I (Oct. 2003). As prescribed in 4.1104(a), substitute
the following paragraph (b) for paragraph (b) of the basic clause:
(b)(1) The Contractor shall be registered in the CCR database by
---------- [Contracting Officer shall insert a date no later than
December 31, 2003]. The Contractor shall maintain registration
during performance and through final payment of this contract.
(2) The Contractor shall enter, in the block with its name and
address on the cover page of the SF 30, Amendment of solicitation/
Modification of Contract, the annotation ``DUNS'' or ``DUNS +4''
followed by the DUNS or DUNS +4 number that identifies the
Contractor's name and address exactly as stated in this contract.
The DUNS number will be used by the Contracting Officer to verify
that the Contractor is registered in the CCR database.
0
15. Amend section 52.212-1 by revising the date of the provision and
paragraph (j); and adding paragraph (k) to read as follows:
52.212-1 Instructions to Offerors--Commercial Items.
* * * * *
Instructions to Offerors--Commercial Items, (Oct. 2003)
* * * * *
(j) Data Universal Numbering System (DUNS) Number. (Applies to
all offers exceeding $25,000, and offers of $25,000 or less if the
solicitation requires the Contractor to be registered in the Central
Contractor Registration (CCR) database. The offeror shall enter, in
the block with its name and address on the cover page of its offer,
the annotation ``DUNS'' or ``DUNS +4'' followed by the DUNS or DUNS
+4 number that identifies the offeror's name and address. The DUNS
+4 is the DUNS number plus a 4-character suffix that may be assigned
at the discretion of the offeror to establish additional CCR records
for identifying alternative Electronic Funds Transfer (EFT) accounts
(see FAR Subpart 32.11) for the same parent concern. If the offeror
does not have a DUNS number, it should contact Dun and Bradstreet
directly to obtain one. An offeror within the United States may
contact Dun and Bradstreet by calling 1-866-705-5711 or via the
internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.dnb.com. An offeror located outside the
United States must contact the local Dun and Bradstreet office for a
DUNS number.
(k) Central Contractor Registration. Unless exempted by an addendum
to this solicitation, by submission of an offer, the offeror
acknowledges the requirement that a prospective awardee shall be
registered in the CCR database prior to award, during performance and
through final payment of any contract resulting from this solicitation.
If the Offeror does not become registered in the CCR database in the
time prescribed by the Contracting Officer, the Contracting Officer
will proceed to award to the next otherwise successful registered
Offeror. Offerors may obtain information on registration and annual
confirmation requirements via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ccr.gov or by
calling 1-888-227-2423 or 269-961-5757.
0
16. Amend section 52.212-4 by revising the date of the clause; and
adding paragraph (t) to read as follows:
52.212-4 Contract Terms and Conditions--Commercial Items.
* * * * *
Contract Terms and Conditions--Commercial Items, (OCT 2003)
* * * * *
(t) Central Contractor Registration (CCR). (1) Unless exempted
by an addendum to this contract, the Contractor is responsible
during performance and through final payment of any contract for the
accuracy and completeness of the data within the CCR database, and
for any liability resulting from the Government's reliance on
inaccurate or incomplete data. To remain registered in the CCR
database after the initial registration, the Contractor is required
to review and update on an annual basis from the date of initial
registration or subsequent updates its information in the CCR
database to ensure it is current, accurate and complete. Updating
information in the CCR does not alter the terms and conditions of
this contract and is not a substitute for a properly executed
contractual document.
(2)(i) If a Contractor has legally changed its business name,
``doing business as'' name, or division name (whichever is shown on
the contract), or has transferred the assets used in performing the
contract, but has not completed the necessary requirements regarding
novation and change-of-name agreements in FAR subpart 42.12, the
Contractor shall provide the responsible Contracting Officer a
minimum of one business day's written notification of its intention
to (A) change the name in the CCR database; (B) comply with the
requirements of subpart 42.12; and (C) agree in writing to the
timeline and procedures specified by the responsible Contracting
Officer. The Contractor must provide with the notification
sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of
paragraph (t)(2)(i) of this clause, or fails to perform the
agreement at paragraph (t)(2)(i)(C) of this clause, and, in the
absence of a properly executed novation or change-of-name agreement,
the CCR information that shows the Contractor to be other than the
Contractor indicated in the contract will be considered to be
incorrect information within the meaning of the ``Suspension of
Payment'' paragraph of the electronic funds transfer (EFT) clause of
this contract.
(3) The Contractor shall not change the name or address for EFT
payments or manual payments, as appropriate, in the CCR record to
reflect an assignee for the purpose of assignment of claims (see
Subpart 32.8, Assignment of Claims). Assignees shall be separately
registered in the CCR database. Information provided to the
Contractor's CCR record that indicates payments, including those
made by EFT, to an ultimate recipient other than that Contractor
will be considered to be incorrect information within the meaning of
the ``Suspension of payment'' paragraph of the EFT clause of this
contract.
(4) Offerors and Contractors may obtain information on
registration and annual confirmation requirements via the internet
at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.
52.212-5 [Amended]
0
17. Amend section 52.212-5 by revising the date of the clause to read
``(OCT 2003); and in paragraph (b)(29) of the clause by removing ``(MAY
1999)'' and adding ``(OCT 2003)'' in its place.
52.213-4 [Amended]
0
18. Amend section 52.213-4 by removing from the clause heading ``(Aug
2003)'' and in paragraph (b)(1)(ix) ``(May 1999)'' and adding in their
places ``(Oct 2003)''.
0
19. Amend section 52.232-33 by--
0
a. Revising the date of the clause;
0
b. Removing paragraph (e);
0
c. Redesignating paragraphs (f) through (j) as (e) through (i),
respectively; and
0
d. Revising newly designated paragraph (g) to read as follows:
52.232-33 Payment by Electronic Funds Transfer--Central Contractor
Registration.
* * * * *
Payment by Electronic Funds Transfer--Central Contractor Registration,
(Oct 2003)
* * * * *
(g) EFT and assignment of claims. If the Contractor assigns the
proceeds of this contract as provided for in the assignment of
claims terms of this contract, the Contractor shall require as a
condition of any such assignment, that the assignee shall register
separately in the CCR database and shall be paid by EFT in
accordance with the terms of this clause. Notwithstanding any other
requirement of this contract, payment to an ultimate recipient other
than the Contractor, or a financial institution properly recognized
under an assignment of claims pursuant to subpart 32.8, is not
permitted. In all respects, the requirements of this clause shall
apply to
[[Page 56676]]
the assignee as if it were the Contractor. EFT information that
shows the ultimate recipient of the transfer to be other than the
Contractor, in the absence of a proper assignment of claims
acceptable to the Government, is incorrect EFT information within
the meaning of paragraph (d) of this clause.
* * * * *
[FR Doc. 03-24582 Filed 9-30-03; 8:45 am]