### October 22, 2003

### AGAR ADVISORY

##### UNITED STATES DEPARTMENT OF AGRICULTURE

##### OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT

##### PROCUREMENT POLICY DIVISION

**AGAR ADVISORY NO. 59**

# CENTRAL CONTRACTOR REGISTRATION (CCR)

**INTRODUCTION**: The purpose of this Agriculture Acquisition Regulation
(AGAR) Advisory is to disseminate initial implementation information on
the requirements for contractors to register in the CCR Database.

**SUMMARY:** Federal Acquisition Circular 2001-16, dated October 1,
2003, revised the Federal Acquisition Regulation (FAR) to require
contractor registration in the CCR database prior to award of any
contract, basic agreement, basic ordering agreement, or blanket purchase
agreement on or after October 1, 2003. Contracting officers are required
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.

**SPECIFIC ISSUES:**

[GENERAL INFORMATION]{.underline}

-   CCR is a Government-wide initiative to house data on contractors
    selling to the Government in a single database.

    -   The purposes of CCR are to increase the visibility of vendor
        sources and to establish a common source of vendor data for the
        Government. The centralization of data is not related to
        security or restrictions on privacy. It is intended to make
        electronic contracting faster, easier, cheaper, and less error
        prone for all.

    -   The information in CCR is entered and maintained by each
        contractor, and is stored for all Federal agencies to use.
        Contractors are responsible for the accuracy and currency of
        their information.

[REQUIREMENTS]{.underline}

*New Awards*

-   Pursuant to FAR 4.11 -- Central Contractor Registration, effective
    October 1, 2003, prospective contractors shall be registered in the
    CCR database prior to award of a contract, basic agreement (BA),
    basic ordering agreement (BOA) or blanket purchase agreement (BPA),
    except for:

    -   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;

    -   Classified contracts (see FAR 2.101) when registration in the
        CCR database, or use of CCR data, could compromise the
        safeguarding of classified information or national security;

    -   Contracts awarded by --

        -   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

        -   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);

            -   Contracts to support unusual or compelling needs (see
                FAR 6.302-2);

            -   Awards made to foreign vendors for work performed
                outside the United States, if it is impractical to
                obtain CCR registration; and

            -   Micro-purchases that do not use the electronic funds
                transfer (EFT) method for payment and are not required
                to be reported (see FAR subpart 4.6).

                -   Prior to awarding a contract, BA, BOA or BPA, the
                    contracting officer shall verify that the
                    prospective contractor is registered in the CCR
                    database. The DUNS number should be used to verify
                    registration. This can be done on-line at the CCR
                    Internet website
                    ([http://www.ccr.gov](http://www.ccr.gov/)) at the
                    link titled "Search CCR."

*Existing Contracts, BAs, BOAs, BPAs*

-   Contracting officers must modify contracts, BAs, BOAs, and BPAs
    whose period of performance extends beyond December 31, 2003, and
    which do not already include the requirement to register in the CCR
    database. Once registered, the vendor must maintain the registration
    until final payment. The contractors must be registered by December
    31, 2003; therefore, modifications must be completed in sufficient
    time to permit registration by this date.

-   A sample modification which can be used for this purpose is
    attached. This modification template incorporates the new clause
    52.204-7 and revised clause 52.232-33.

-   Contracting officers may want to consider inserting December 31,
    2003 in the blank in clause 52.204-7 as the date by which the
    contractor must be registered in CCR to provide the maximum time to
    affected contractors.

-   Also attached is a sample transmittal letter which explains the
    modification and highlights the need for the contractor to return
    the modification with the applicable DUNS number indicated in Block
    8 of the modification. Additional information concerning CCR, such
    as that provided by OPPM Memorandum of July 18, 2003 or the CCR
    Handbook may be added to the letter.

-   For contracts for commercial items, a modification must be issued
    similar to the sample cited above, to add an addendum to 52.212-4,
    Contract Terms and Conditions -- Commercial Items. That change
    requires that the contractor be registered in the CCR database by
    December 31, 2003, and maintain registration until final payment.

*Solicitations*

-   For solicitations issued prior to FAC 2001-16, without the
    appropriate CCR provisions and clauses, contracting officers should
    amend the solicitations.

[VENDOR NOTIFICATION ISSUES AND EXCEPTIONS]{.underline}

-   In September 2003 USDA wrote letters to its contractors advising
    them of the pending CCR registration requirement. The National
    Finance Center working with the Office of Procurement and Property
    Management and the Office of the Chief Financial Officer started a
    mass mail out of these letters. Several of the mission areas have
    also written similar letters. The USDA and mission area registration
    efforts have reached both the intended contractors and unintended
    parties. The USDA mass mail out, which was based on the FFIS VEND
    file, was cancelled because of the numbers of unintended parties who
    were receiving these letters.

-   Businesses, organizations and individuals selling goods and services
    to the Federal Government under FAR-based purchase orders,
    contracts, BAs, BPAs and BOAs should register as soon as practical.

-   If a contractor is uncertain as to whether registration in CCR is
    required and chooses not do so at this time, there will be later
    opportunities to register. For example, if, in verifying contractor
    registration in CCR, the contracting officer finds that the proposed
    awardee is not registered, the proposed awardee is to be notified of
    the registration requirement and provided time to register in CCR.

-   The requirement to register in CCR applies to acquisitions executed
    pursuant to the FAR. It therefore, does [not]{.underline}*, at this
    time* apply in the following circumstances.

    -   Grants, cooperative agreements and real property leases;

    -   Timber Sale contracts;

    -   USDA Farm Assistance Programs such as: Conservation Reserve
        Program, Wetland Reserve Program, Forestry Incentives Program,
        Wildlife Habitat Incentives Program, and similar programs.

    -   USDA provided inspection and testing services (such as provided
        at airports, seaports, food facilities, to veterinary practices,
        etc.), special use permits and similar services for which USDA
        is paid by an individual, business or organization.

    -   Type 60 orders which are not executed pursuant to the FAR.

[REFERENCE MATERIAL]{.underline}

-   A copy of the CCR Handbook and vendor registration template is
    available at the CCR website (http://www.ccr.gov) under the tab
    marked "CCR Handbook." This template and the handbook are useful in
    understanding what information is required to be provided by
    contractors, and in addressing questions that may be received from
    contractors.

    -   While registration via the World Wide Web is the preferred
        method, contractors without such Internet access or who would
        prefer not to register in on-line, can register by submitting
        the registration template to the Department of Defense, Central
        Contractor Registration, 74 Washington Ave., N., Suite 7, Battle
        Creek, MI 49017-3084. Contractors may obtain the paper copy
        registration template and CCR Handbook from the CCR Customer
        Assistance described below.

    -   The CCR Customer Assistance Center can be contacted toll free at
        telephone number 1-888-227-2423 or by email to
        <ccr@dlis.dla.mil>.

[LESSONS LEARNED]{.underline}

-   Based on questions received by OPPM to date, contractors have
    required the most assistance with determining NAICS and SIC codes.
    The NAICS website at http://www.census.gov/epcd/naics02/naicod02.htm
    has a search feature which is useful, and additionally
    cross-references the appropriate SIC code.

    -   Contractors are required to enter financial information into
        CCR. The purpose of the financial information is to facilitate
        payments. This financial information is only accessible by
        [authorized]{.underline} Government representatives and the
        contractors themselves. Upon registration each contractor
        receives a Trading Partner Identification Number (TPIN) which is
        his/her secure password, which along with the DUNS number,
        enables the contractor to access his/her data. Please emphasize
        to contractors that this is their secure password to access
        their information, including financial information, in the CCR
        database, and is required when updating their information in the
        CCR database. This TPIN number should not be released outside
        the contractor's organization.

    -   The contractor information needed for CCR registration includes
        information which is contractor confidential, and proper
        security must be maintained for that information. The contractor
        is responsible for entering and maintaining the correct
        information in the CCR database. If contractors request
        assistance with CCR registration because they do not have access
        to a computer to register on-line at the CCR website,
        contractors should be advised to submit a written registration
        application to the CCR office (see information in "Reference
        Material, above) for actual input of the information into the
        CCR database. While contracting officers and other Federal
        employees should not do the on-line registration for the
        contractors, they may assist contractors by downloading the
        registration template, CCR handbook and other information from
        the CCR website and providing paper copies of that material to
        the contractors that do not have Internet access.

[PAYMENT ISSUES]{.underline}

-   OPPM will continue to work with the OCFO regarding the FAR clause
    52.232-33 (Payment by Electronic Funds Transfer -- Central
    Contractor Registration (Oct 2003)) concerning payments. At this
    time the interface between CCR and FFIS is not available. As the
    interface issues are addressed by OCFO, OPPM will provide
    information

###### If you have questions about this advisory, please contact Pat Honda by telephone at 

\(202\) 720-8924, by fax at (202) 720-8972, or by email to
pat.honda@usda.gov. This advisory is available on the USDA homepage at
h*ttp://www.usda.gov/procurement/policy/advisories.html.*

**EXPIRATION DATE**: Effective until canceled.

**\[END\]**

Sample Forwarding Letter for Contractors

Contractor Name

Contractor Address

Dear :

Subject: Contract/PO \# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Modification
\_\_\_\_\_\_\_\_\_

Enclosed is a modification incorporating the requirements for
registration in the Central Contractor Registration (CCR) database. This
modification is being issued unilaterally as an administrative change.
Your signature is not required. This registration requirement described
in this modification became effective October 1, 2003. Contracts
extending beyond December 31, 2003, are being modified to incorporate
this requirement. [Please return a copy of the modification to this
office with your DUNS number entered in block 8]{.underline}.

The CCR database is the primary Government repository for contractor
information required to conduct business with the Federal Government. It
is designed to be highly secure, with contractors able to register
identifying company information; including electronic funds transfer
(EFT) data. The contractor controls the accuracy of its own business
information and registers one time in CCR. That information is then used
by all Federal agencies.

If your firm is already registered in CCR, please provide your DUNS
number in block 8 of the attached modification, and return to the
contracting office (address in block 6). The DUNS number will be used to
verify your registration in CCR.

If your firm is not currently registered, please register in CCR and
then enter your DUNS number in block 8 of the attached modification and
return to the contracting office (address in block 6). There are
basically 2 steps to registration:

1.  Obtain a DUNS number by calling Dun and Bradstreet at 1-866-705-7511
    (additional information is contained in FAR clause 52.204-7,
    attached to the enclosed modification).

2.  Register in CCR. The preferred method for registration is via the
    World Wide Web at http://www.ccr.gov. The CCR Handbook and a
    registration template are available at that site, under the tab
    titled "CCR Handbook." Registration assistance, including a paper
    copy of the registration forms, may be obtained from the CCR
    Customer Assistance Center at toll free 1-888-227-2423, commercial
    269-961-5757 or by email to ccr@dlis.dla.mil.

> Once you have registered in CCR a Trading Partner Identification
> Number (TPIN) is mailed to the individual identified by you as the CCR
> point of contact. The TPIN is the secure password for access to your
> firm's confidential information in the CCR database. You will use the
> TPIN to access and change the registration data in your profile. It is
> your responsibility to enter and maintain your information in the CCR
> database.

Sincerely,

<table>
<colgroup>
<col style="width: 6%" />
<col style="width: 10%" />
<col style="width: 16%" />
<col style="width: 1%" />
<col style="width: 14%" />
<col style="width: 0%" />
<col style="width: 15%" />
<col style="width: 3%" />
<col style="width: 5%" />
<col style="width: 5%" />
<col style="width: 3%" />
<col style="width: 5%" />
<col style="width: 1%" />
<col style="width: 4%" />
<col style="width: 6%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="7"></td>
<td colspan="5">1. CONTRACT ID CODE</td>
<td colspan="3">PAGE OF PAGES</td>
</tr>
<tr class="even">
<td colspan="7"><h1
id="amendment-of-solicitationmodification-of-contract">AMENDMENT OF
SOLICITATION/MODIFICATION OF CONTRACT</h1></td>
<td colspan="5"></td>
<td colspan="2">1</td>
<td></td>
</tr>
<tr class="odd">
<td colspan="3">2. AMENDMENT/MODIFICATION NO.</td>
<td colspan="2">3. EFFECTIVE DATE</td>
<td colspan="5">4. REQUISITION/PURCHASE REQ. NO.</td>
<td colspan="5">5. PROJECT NO. <em>(If applicable)</em></td>
</tr>
<tr class="even">
<td colspan="3"></td>
<td colspan="2"></td>
<td colspan="5"></td>
<td colspan="5"></td>
</tr>
<tr class="odd">
<td colspan="2">6. ISSUED BY</td>
<td>CODE</td>
<td colspan="2"></td>
<td colspan="5">7. ADMINISTERED BY <em>(If other than Item 6)</em></td>
<td colspan="3">CODE</td>
<td colspan="2"></td>
</tr>
<tr class="even">
<td colspan="5"></td>
<td colspan="10"></td>
</tr>
<tr class="odd">
<td colspan="8">8. NAME AND ADDRESS OF CONTRACTOR <em>(No. Street,
county, State and ZIP: Code)</em></td>
<td>(4)</td>
<td colspan="6">9A. AMENDMENT OF SOLICITATION NO.</td>
</tr>
<tr class="even">
<td colspan="8"></td>
<td></td>
<td colspan="6"></td>
</tr>
<tr class="odd">
<td colspan="8"></td>
<td></td>
<td colspan="6">9B. DATED <em><strong>(SEE ITEM 11)</strong></em></td>
</tr>
<tr class="even">
<td colspan="8"></td>
<td></td>
<td colspan="6"></td>
</tr>
<tr class="odd">
<td colspan="8"></td>
<td></td>
<td colspan="6">10A. MODIFICATION OF CONTRACT/ORDER NO.</td>
</tr>
<tr class="even">
<td colspan="8"></td>
<td></td>
<td colspan="6"></td>
</tr>
<tr class="odd">
<td colspan="8">DUNS Number: ___________________________</td>
<td></td>
<td colspan="6">10B. DATED <em><strong>(SEE ITEM 13)</strong></em></td>
</tr>
<tr class="even">
<td colspan="4">CODE</td>
<td colspan="4">FACILITY CODE</td>
<td></td>
<td colspan="6"></td>
</tr>
<tr class="odd">
<td colspan="15">11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF
SOLICITATIONS</td>
</tr>
<tr class="even">
<td colspan="15"><p>The above numbered solicitation is amended as set
forth in Item 14. The hour and date specified for receipt of Offers is
extended, is not extended.</p>
<p>Offerors must acknowledge receipt of this amendment prior to the hour
and date specified in the solicitation or as amended, by one of the
following methods:</p>
<p>(a) By completing Items 8 and 15, and returning one (1) copy of the
amendment; (b) By acknowledging receipt of this amendment on each copy
of the offer submitted; or (c) By separate letter or telegram which
includes a reference to the solicitation and amendment numbers. FAILURE
OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE
RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATA SPECIFIED MAY RESULT IN
REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to
change an offer already submitted, such change may be made by telegram
or letter, provided each telegram or letter makes reference to the
solicitation and this amendment, and is received prior to the opening
hour and data specified.</p></td>
</tr>
<tr class="odd">
<td colspan="15">12. ACCOUNTING AND APPROPRIATION DATA <em>(If
required)</em></td>
</tr>
<tr class="even">
<td colspan="15"></td>
</tr>
<tr class="odd">
<td colspan="15"><blockquote>
<p>13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,</p>
<p>IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.</p>
</blockquote></td>
</tr>
<tr class="even">
<td>(4)</td>
<td colspan="14">A. THIS CHANGE ORDER IS ISSUED PURSUANT TO:
<em>(Specify authority)</em> THE CHANGES SET FORTH IN ITEM 14 ARE MADE
IN THE CONTRACT/ORDER NO. IN ITEM 10A.</td>
</tr>
<tr class="odd">
<td></td>
<td colspan="14"></td>
</tr>
<tr class="even">
<td>X</td>
<td colspan="14">B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO
REFLECT THE ADMINISTRATIVE CHANGES <em>(such as changes in paying
office, appropriation date, etc.)</em> SET FORTH IN ITEM 14, PURSUANT TO
THE AUTHORITY OF FAR 43.103(b).</td>
</tr>
<tr class="odd">
<td></td>
<td colspan="14">C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT
TO AUTHORITY OF:</td>
</tr>
<tr class="even">
<td></td>
<td colspan="14">D. OTHER: Specify type of modification and
authority)</td>
</tr>
<tr class="odd">
<td colspan="15">E. IMPORTANT: Contractor is not, is required to sign
this document and return <u>2</u> originals to the issuing office with
your bid.</td>
</tr>
<tr class="even">
<td colspan="15"><p>14. DESCRIPTION OF AMENDMENT/MODIFICATION
<em>(Organized by UCF section headings, including solicitation/contract
subject matter where feasible.)</em></p>
<p>The contract/order is modified to incorporate Central Contractor
Registration (CCR) requirements as follows:</p>
<p>Add: FAR Clause 52.204-7, Central Contractor Registration, Alternate
I (OCT 2003) - Attached</p>
<p>Delete: FAR Clause 52.232-34, Payment by Electronic Funds Transfer –
Other Than Central Contractor Registration (MAY 1999)</p>
<p>Add: FAR Clause 52.232-33, Payment by electronic Funds Transfer –
Central Contractor Registration (OCT 2003) - Attached</p>
<p>In accordance with FAR 52.204-7(b)(2), the contractor shall enter in
Block 8, above, its DUNS or DUNS +4 number. This will be used by the
Contracting Officer to verify that the Contractor is registered in the
CCR database.</p></td>
</tr>
<tr class="odd">
<td colspan="15">Except at provided herein, all terms and conditions of
the document referenced in Item 9A or 10A, as heretofore changed, remain
unchanged and in full force and effect.</td>
</tr>
<tr class="even">
<td colspan="6">15A. NAME AND TITLE OF SIGNER <em>(Type or
print)</em></td>
<td colspan="9">16A. NAME AND TITLE OF CONTRACTING OFFICER <em>(Type or
print)</em></td>
</tr>
<tr class="odd">
<td colspan="6"></td>
<td colspan="9"></td>
</tr>
<tr class="even">
<td colspan="3">15B. CONTRACTOR/OFFEROR</td>
<td colspan="3">15C. DATE SIGNED</td>
<td colspan="5">16B. UNITED STATES OF AMERICA</td>
<td colspan="4">16C. DATE SIGNED</td>
</tr>
<tr class="odd">
<td colspan="3"><p>________________________________________________</p>
<p><em>(Signature of person authorized to sign)</em></p></td>
<td colspan="3"></td>
<td colspan="5">By: <u>________________________</u> <em>(Signature of
Contracting Officer)</em></td>
<td colspan="4"></td>
</tr>
</tbody>
</table>

NSN 7540-01-152-8070 30-105 **STANDARD FORM 30** (REV. 10-83)

PREVIOUS EDITION UNUSABLE COMPUTER GENERATED Prescribed by GSA

FAR (48 CFR) 53.243

**52.204-7 Central Contractor Registration -- Alternate I (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) 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.

\(c\) 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://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 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://www.ccr.gov* or by calling 1-888-227-2423, or 269-961-5757.

(End of clause)

**52.232-33 Payment by Electronic Funds Transfer -- Central Contractor
Registration (Oct 2003)**

\(a\) *Method of payment*. (1) All payments by the Government under this
contract shall be made by electronic funds transfer (EFT), except as
provided in paragraph (a)(2) of this clause. As used in this clause, the
term "EFT" refers to the funds transfer and may also include the payment
information transfer.

\(2\) In the event the Government is unable to release one or more
payments by EFT, the Contractor agrees to either---

(i) Accept payment by check or some other mutually agreeable method of
    payment; or

\(ii\) Request the Government to extend the payment due date until such
time as the Government can make payment by EFT (but see paragraph (d) of
this clause).

\(b\) *Contractor\'s EFT information*. The Government shall make payment
to the Contractor using the EFT information contained in the Central
Contractor Registration (CCR) database. In the event that the EFT
information changes, the Contractor shall be responsible for providing
the updated information to the CCR database.

\(c\) *Mechanisms for EFT payment*. The Government may make payment by
EFT through either the Automated Clearing House (ACH) network, subject
to the rules of the National Automated Clearing House Association, or
the Fedwire Transfer System. The rules governing Federal payments
through the ACH are contained in 31 CFR part 210.

\(d\) *Suspension of payment*. If the Contractor's EFT information in
the CCR database is incorrect, then the Government need not make payment
to the Contractor under this contract until correct EFT

information is entered into the CCR database; and any invoice or
contract financing request shall be deemed not to be a proper invoice
for the purpose of prompt payment under this contract. The prompt
payment terms of the contract regarding notice of an improper invoice
and delays in accrual of interest penalties apply.

\(e\) *Liability for uncompleted or erroneous transfers*. (1) If an
uncompleted or erroneous transfer occurs because the Government used the
Contractor's EFT information incorrectly, the Government remains
responsible for---

\(i\) Making a correct payment;

\(ii\) Paying any prompt payment penalty due; and

\(iii\) Recovering any erroneously directed funds.

\(2\) If an uncompleted or erroneous transfer occurs because the
Contractor's EFT information was incorrect, or was revised within 30
days of Government release of the EFT payment transaction instruction to
the Federal Reserve System, and---

\(i\) If the funds are no longer under the control of the payment
office, the Government is deemed to have made payment and the Contractor
is responsible for recovery of any erroneously directed funds; or

\(ii\) If the funds remain under the control of the payment office, the
Government shall not make payment, and the provisions of paragraph (d)
of this clause shall apply.

\(f\) *EFT and prompt paymen*t. A payment shall be deemed to have been
made in a timely manner in accordance with the prompt payment terms of
this contract if, in the EFT payment transaction instruction released to
the Federal Reserve System, the date specified for settlement of the
payment is on or before the prompt payment due date, provided the
specified payment date is a valid date under the rules of the Federal
Reserve System.

\(g\) *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 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.

\(h\) *Liability for change of EFT information by financial agent*. The
Government is not liable for errors resulting from changes to EFT
information made by the Contractor's financial agent.

\(i\) *Payment information*. The payment or disbursing office shall
forward to the Contractor available payment information that is suitable
for transmission as of the date of release of the EFT instruction to the
Federal Reserve System. The Government may request the Contractor to
designate a desired format and method(s) for delivery of payment
information from a list of formats and methods the payment office is
capable of executing. However, the Government does not guarantee that
any particular format or

method of delivery is available at any particular payment office and
retains the latitude to use the format and delivery method most
convenient to the Government. If the Government makes payment by check
in accordance with paragraph (a) of this clause, the Government shall
mail the payment information to the remittance address contained in the
CCR database.

(End of clause)