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[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Rules and Regulations]
[Pages 28756-28758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11398]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 204, 209, 217, 252, and Appendix F to Chapter 2

RIN 0750-AH87

Defense Federal Acquisition Regulation Supplement: System for 
Award Management Name Changes, Phase 1 Implementation (DFARS Case 2012-
D053)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to reflect the joining of the 
Central Contractor Registration (CCR), Online Representations and 
Certification Application (ORCA), and Excluded Parties Listing System 
(EPLS) databases into the System for Award Management (SAM) database.

DATES: Effective Date: May 16, 2013.

FOR FURTHER INFORMATION CONTACT: Lee Renna, telephone 571-372-6095.

SUPPLEMENTARY INFORMATION: 

I. Background

    The E-Government Act of 2002 (Pub. L. 107-347, 44 U.S.C. 101) was 
enacted in an effort to improve the management and promotion of 
electronic Government services and processes. The Act established a 
framework of measures that require using Internet-based information 
technology to improve citizen access to Government information and 
services. The General Services Administration (GSA) has embraced the 
intent of the Act by consolidating the Government-wide acquisition and 
award support systems into SAM. SAM is a procurement system that 
streamlines the Federal acquisition business processes by acting as a 
single authoritative data source for vendor, contract award, and 
reporting information, thereby eliminating the need to enter multiple 
sites and perform duplicative data entry. SAM consolidates hosting to 
improve the efficiency of doing business with the Government.
    The General Services Administration (GSA) began implementation of 
Phase 1 of SAM on July 29, 2012. Phase 1 combined the functional 
capabilities of the CCR, ORCA, and EPLS procurement systems into the 
SAM database. Upon implementation, the pre-existing

[[Page 28757]]

procurement systems were retired, and all requirements for entity 
registration, representations and certifications, and exclusions are 
now accomplished via SAM. This final rule amends DFARS subparts 204, 
209, 217, 252, and Appendix F by updating references and names to 
conform to the SAM designation. This final rule also makes a number of 
minor additional conforming changes, such as updates to definitions. A 
Federal Acquisition Regulation (FAR) case, 2012-033, is also being 
processed to effect similar conforming updates.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    Publication of proposed regulations, 41 U.S.C. 1707, is the statute 
which applies to the publication of the Federal Acquisition Regulation. 
Paragraph (a)(1) of the statute requires that a procurement policy, 
regulation, procedure or form (including an amendment or modification 
thereof) must be published for public comment if it relates to the 
expenditure of appropriated funds, and has either a significant effect 
beyond the internal operating procedures of the agency issuing the 
policy, regulation, procedure or form, or has a significant cost or 
administrative impact on contractors or offerors. This final rule is 
not required to be published for public comment, because it only serves 
to ensure that the procurement systems that are referenced in the DFARS 
reflect those that are currently being utilized by the acquisition 
workforce in the performance of those functions relating to entity 
registration, representations and certifications, and exclusions. 
Therefore, this rule has no significant effect beyond the internal 
operating procedures of the Government, nor does the rule create a 
significant cost or administrative impact on contractors or offerors.

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 Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 and does not require 
publication for public comment.

V. 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 Parts 204, 209, 217, 252, and Appendix F

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, DoD amends 48 CRF parts 204, 209, 217, and 252 as 
follows:

0
1. The authority citation for parts 204, 209, 217, and 252 continues to 
read as follows:

    Authority:  41 U.S.C. 1303 and 48 CFR Chapter 1.

PART 204--ADMINISTRATIVE MATTERS

0
2. Revise section 204.203 to read as follows:

204.203   Taxpayer identification information.

    (b) The procedure at FAR 4.203(b) does not apply to contracts that 
include the provision at FAR 52.204-7, System for Award Management. The 
payment office obtains the taxpayer identification number and the type 
of organization from the System for Award Management database.

0
3. Revise the subpart heading of subpart 204.11 to read as follows:

Subpart 204.11--System For Award Management

0
4. Amend section 204.1103 by--
0
a. Adding introductory text;
0
b. In paragraph (1), removing ``Central Contractor Registration (CCR)'' 
and adding the word ``(SAM)'' in its place; and
0
c. In paragraphs (2)(i), (3), and (4), removing the word ``CCR'' and 
adding the word ``SAM'' in its place.
    The added text reads as follows:

204.1103   Procedures.

    See PGI 204.1103 for helpful information on navigation and data 
entry in the System for Award Management (SAM) database.
* * * * *

0
5. Revise section 204.1105 to read as follows:

204.1105   Solicitation provision and contract clauses.

    When using the clause at FAR 52.204-7, System for Award Management, 
use the clause with 252.204-7004, Alternate A, System for Award 
Management.
0
6. Amend section 204.7202-1 by--
0
a. Revising paragraph (b)(1); and
0
b. In paragraph (b)(2) introductory text, removing the word ``CCR'' and 
adding the word ``SAM'' in its place.
    The revised text reads as follows:

204.7202-1   CAGE codes.

* * * * *
    (b)(1) If a prospective contractor located in the United States 
must register in the System for Award Management (SAM) database (see 
FAR subpart 4.11) and does not have a CAGE code, DLA Logistics 
Information Service will assign a CAGE code when the prospective 
contractor submits its request for registration in the SAM database. 
Foreign registrants must obtain a North Atlantic Treaty Organization 
CAGE (NCAGE) code in order to register in the SAM database. NCAGE codes 
may be obtained from the Codification Bureau in the foreign 
registrant's country. Additional information on obtaining NCAGE codes 
is available at http://www.dlis.dla.mil/Forms/Form_AC135.asp.
* * * * *

204.7207   [Amended]

0
7. Amend section 204.7207, in paragraph (a), by removing ``Central 
Contractor Registration'' and adding ``System for Award Management'' in 
its place.

PART 209--CONTRACTOR QUALIFICATIONS

209.105-1   [Amended]

0
8. Amend section 209.105-1, in paragraph (1), by removing ``Excluded 
Parties List System'' and adding ``System for Award Management 
Exclusions'' in its place.

PART 217--SPECIAL CONTRACTING METHODS

217.207   [Amended]

0
9. Amend section 217.207, in paragraph (c), by removing ``Central

[[Page 28758]]

Contractor Registration'' and adding ``System for Award Management'' in 
its place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
10. Revise section 252.204-7004 to read as follows:

252.204-7004   Alternate A, System for Award Management.

ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (DATE)

    As prescribed in 204.1105, substitute the following paragraph 
(a) for paragraph (a) of the provision at FAR 52.204-7:
    (a) Definitions. As used in this clause--
    ``System for Award Management (SAM) database'' means the primary 
Government repository for contractor information required for the 
conduct of business with the Government.
    ``Commercial and Government Entity (CAGE) code'' means--
    (1) A code assigned by the Defense Logistics Information Service 
(DLIS) to identify a commercial or Government entity; or
    (2) A code assigned by a member of the North Atlantic Treaty 
Organization that DLIS records and maintains in the CAGE master 
file. This type of code is known as an ``NCAGE code.''
    ``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 SAM 
records for identifying alternative Electronic Funds Transfer (EFT) 
accounts (see FAR 32.11) for the same parent concern.
    ``Registered in the System for Award Management (SAM) database'' 
means that--
    (1) The contractor has entered all mandatory information, 
including the DUNS number or the DUNS+4 number, and Contractor and 
Government Entity (CAGE) code into the SAM database;
    (2) The contractor has completed the Core Data, Assertions, 
Representations and Certifications, and Points of Contact sections 
of the registration in the SAM database;
    (3) The Government has validated all mandatory data fields, to 
include validation of the Taxpayer Identification Number (TIN) with 
the Internal Revenue Service (IRS). The Contractor will be required 
to provide consent for TIN validation to the Government as part of 
the SAM registration process; and
    (4) The Government has marked the record ``Active.''
0
11. Amend section 252.204-7007 by--
0
a. Removing the clause date ``(JUL 2012)'' and adding ``(DATE)'' in its 
place;
0
b. In paragraph (d)(1) introductory text, removing the word ``ORCA'' 
and adding ``the System for Award Management (SAM) database'' in its 
place;
0
c. In paragraph (d)(2) introductory text, removing the word ``ORCA'' 
and adding the word ``SAM'' on its place;
0
d. In paragraph (e), removing ``Online Representations and 
Certifications Application (ORCA)'' and adding the word ``SAM'' in its 
place; and
0
e. Revising last sentence of paragraph (e).
    The revised text reads as follows:

252.204-7007   Alternate A, Annual Representations and Certifications.

* * * * *
    Any changes provided by the offeror are applicable to this 
solicitation only, and do not result in an update to the 
representations and certifications located in the SAM database.
* * * * *

252.232-7006   [Amended]

0
12. Amend section 252.232-7006 by--
0
a. Removing the clause date ``(JUN 2012)'' and adding ``(DATE)'' in its 
place; and
0
b. In paragraph (c)(1), removing ``Central Contractor Registration'' 
and adding ``System for Award Management'' in its place.
0
13. Amend section 252.232-7011 by--
0
a. Removing the clause date ``(JUL 2010)'' and adding ``(DATE)'' in its 
place; and
0
b. Revising paragraph (c)(2)(ix)(B) to read as follows:

252.232-7011  Payments in Support of Emergencies and Contingency 
Operations.

* * * * *
    (c) * * *
    (2) * * *
    (ix) * * *
    (B) If electronic funds transfer banking information is not 
required to be on the invoice, in order for the invoice to be a proper 
invoice, the Contractor shall have submitted correct electronic funds 
transfer banking information in accordance with the applicable 
solicitation provision (e.g., FAR 52.232-38, Submission of Electronic 
Funds Transfer Information with Offer), contract clause (e.g., FAR 
52.232-33, Payment by Electronic Funds Transfer--System for Award 
Management, or FAR 52.232-34, Payment by Electronic Funds Transfer--
Other Than System for Award Management), or applicable agency 
procedures.
* * * * *

252.245-7004   [Amended]

0
14. Amend section 252.245-7004 by--
0
a. Removing the clause date ``(APR 2012)'' and adding ``(DATE)'' in its 
place; and
0
b. In paragraph (a)(3)(i), removing ``Excluded Parties Listing (EPLS) 
(https://www.epls.gov/)'' and adding ``System for Award Management 
Exclusions located at https://www.acquisition.gov'' in its place.

APPENDIX F TO CHAPTER 2--[AMENDED]

0
15. In appendix F to chapter 2, amend section F-301 by--
0
a. In paragraph (a)(3)(iii), removing ``CCR (Central Contractor 
Registration)'' and adding ``System for Award Management (SAM)'' in its 
place; and
0
b. In paragraph (a)(4), removing the word ``CCR'' and adding the word 
``SAM'' in its place.
[FR Doc. 2013-11398 Filed 5-15-13; 8:45 am]
BILLING CODE 5001-06-P
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