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[Federal Register Volume 78, Number 99 (Wednesday, May 22, 2013)]
[Rules and Regulations]
[Pages 30231-30232]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12058]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 204

RIN 0750-AH80

Defense Federal Acquisition Regulation Supplement: Clarification 
of ``F'' Orders in the Procurement Instrument Identification Number 
Structure (DFARS Case 2012-D040)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to update instructions for 
assigning basic and supplementary procurement instrument identification 
numbers.

DATES: Effective: May 22, 2013.

FOR FURTHER INFORMATION CONTACT: Fernell Warren, telephone 571-372-
6089.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD published a proposed rule in the Federal Register at 77 FR 
51957 on August 28, 2012, to update instructions for assigning basic 
and supplementary procurement instrument identification numbers (PIIN) 
by limiting the use of ``F'' in the 9th position of the PIIN to those 
orders and calls issued by DoD under indefinite delivery type contracts 
and agreements issued by departments or agencies outside the DoD. Two 
respondents submitted public comments in response to the proposed rule.

II. Discussion and Analysis of the Public Comments

    DoD reviewed the public comments in the development of the final 
rule. A discussion of the comments is provided.

A. Summary of Changes from the Proposed Rule

    There were no changes made from the proposed rule as a result of 
the comments.

B. Analysis of public comments

1. Information technology
    Comment: One respondent was concerned that if AbilityOne and FPI 
vendors were no longer identified by an ``F'' in the 9th position of 
the PIIN, field activities would no longer be able to pull data 
relating to these awards. The respondent asked what office would be 
responsible for retrieving such data, and whether a particular system, 
EProcurement/Records Management, allows for data retrieval via Data 
Universal Numbering System number and/or Commercial and Government 
Entity code.
    Response: The ``F'' in the 9th position has not been exclusively 
utilized for AbilityOne and FPI awards; therefore retrieving data by 
the ``F'' in 9th position does not provide a sufficiently discrete 
result. DoD uses other data elements, such as specific DUNS numbers and 
validations from the Ability One Program, as indicators for awards to 
Federal Prison Industries and Ability One vendors.
2. Implementation impact
    Comment: One respondent stated that standardizing identification 
systems would benefit DoD. However, the respondent was concerned that 
the rule could have an adverse impact on smaller, i.e. AbilityOne and 
FPI, vendors. The respondent inquired as to whether implementation of 
the rule would apply to existing awards, and if so, might cause an 
additional adverse impact.
    Response: The revision of the use of ``F'' in PIINs will have no 
impact on the smaller AbilityOne and FPI vendors; it is simply an award 
identifier. DoD uses other data elements, such as specific DUNS numbers 
and validations from the Ability One Program, as indicators for awards 
to Federal Prison Industries and Ability One vendors. The final rule is 
a prospective change to DFARS. Existing award and order numbers will 
not be changed. DoD anticipates no adverse impacts from implementation 
of this rule.

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.

[[Page 30232]]

IV. Regulatory Flexibility Act

    DoD does not expect this final rule to have a significant economic 
impact on a substantial number of small entities because it applies to 
a narrowly limited population of procurement actions however, a final 
regulatory flexibility analysis has been prepared consistent with the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., and is summarized as 
follows:
    This rule will clarify which contracts are to be coded with an 
``F'' in the 9th position of the PIIN. It is not anticipated that the 
rule will impact small entities as it only impacts the internal 
operating procedures of the Government by specifying how the assigned 
PIIN is constructed for certain procurement actions. This change limits 
the use of ``F'' in the 9th position to task and delivery orders and 
calls issued under a non-DoD issued contract or agreement. As a result 
of the rule, new awards under the AbilityOne program and the FPI 
programs will no longer reflect an ``F'' in the 9th position of the in 
the PIIN. DoD uses other data elements, such as specific DUNS numbers 
and validations from the Ability One Program, as indicators for awards 
to Federal Prison Industries and Ability One vendors.

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 Part 204

    Government procurement.

Kortnee Stewart,
Editor, Defense Acquisition Regulations System.
    Therefore, DoD amends 48 CRF part 204 as follows:

0
1. The authority citation for part 204 continues to read as follows:

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

PART 204--ADMINISTRATIVE MATTERS

0
2. Section 204.7003 is amended by revising paragraphs (a)(3)(iii) and 
(iv) to read as follows:

204.7003  Basic PII number.

    (a) * * *
    (3) * * *
    (iii) Contracts of all types except indefinite-delivery contracts, 
sales contracts, and short form research contracts. Do not use this 
code for contracts or agreements with provisions for orders or calls.--
C
* * * * *
    (vi) Calls against blanket purchase agreements and orders under 
contracts (including Federal Supply Schedules, Governmentwide 
acquisition contracts, and multi-agency contracts) and basic ordering 
agreements issued by departments or agencies outside DoD. Do not use 
the `F' designation on DoD-issued purchase orders, contracts, 
agreements, or orders placed under DoD-issued contracts or 
agreements.--F
* * * * *

204.7004  Supplementary PII numbers (d)(2)(ii)

0
3. Section 204.7004 is amended by revising paragraph (d)(2)(ii) to read 
as follows:
* * * * *
    (d) * * *
    (2) * * *
    (ii) If an office is placing calls against non-DoD blanket purchase 
agreements or orders under non-DoD issued contracts (including Federal 
Supply Schedules, Governmentwide acquisition contracts, and multi-
agency contracts), or basic ordering agreements, the office shall 
identify the instrument with a 13 position supplementary PII number 
using an F in the 9th position. Do not use the same supplementary PII 
number with an F in the 9th position on more than one order. 
Modifications to these calls or orders shall be numbered in accordance 
with paragraph (c) of this section.
* * * * *

[FR Doc. 2013-12058 Filed 5-21-13; 8:45 am]
BILLING CODE 5001-06-P
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