[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Rules and Regulations]
[Pages 79001-79002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21095]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 204 and 217

[Docket DARS-2024-0030]
RIN 0750-AL70


Defense Federal Acquisition Regulation Supplement: Data Universal 
Numbering System to Unique Entity Identifier Transition (DFARS Case 
2022-D023)

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 align the DFARS with the 
Federal Acquisition Regulation (FAR) transition from the Data Universal 
Numbering System to the unique entity identifier in the System for 
Award Management.

DATES: Effective October 1, 2024.

FOR FURTHER INFORMATION CONTACT: Tonya DeSaussure, telephone 202-805-
1388.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is issuing a final rule amending the DFARS to transition from 
the use of the Data Universal Numbering System (DUNS) number to the 
unique entity identifier as a means of identifying Federal contractors. 
The FAR published a final rule implementing the change from the DUNS 
number to the unique entity identifier in the Federal Register on 
November 18, 2015 (80 FR 72035). As a supplement to the FAR, the DFARS 
is required to reflect the same terminology. The unique entity 
identifier is the authoritative identifier at the Federal level. This 
transition allows the Government to streamline the entity 
identification and validation process, making it easier and less 
burdensome on entities to do business with the Federal Government.

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

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is 41 U.S.C. 1707, Publication of Proposed 
Regulations. Subsection (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 there is no significant cost or administrative impact on 
contractors or offerors. The FAR already requires contractors and 
offerors to use a unique entity identifier; this final rule merely 
updates the terminology used in the DFARS.

III. Applicability to Contracts At or Below the Simplified Acquisition 
Threshold (SAT), for Commercial Products (Including Commercially 
Available Off-the-Shelf (COTS) Items), and for Commercial Services

    This final rule does not create any new solicitation provisions or 
contract clauses. It does not impact any existing solicitation 
provisions or contract clauses or their applicability to contracts 
valued at or below the simplified acquisition threshold, for commercial 
products including COTS items, or for commercial services.

IV. 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, as amended.

V. Congressional Review Act

    As required by the Congressional Review Act (5 U.S.C. 801-808) 
before an interim or final rule takes effect, DoD

[[Page 79002]]

will submit a copy of the interim or final rule with the form, 
Submission of Federal Rules under the Congressional Review Act, to the 
U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the United States. A major rule under the Congressional 
Review Act cannot take effect until 60 days after it is published in 
the Federal Register. The Office of Information and Regulatory Affairs 
has determined that this rule is not a major rule as defined by 5 
U.S.C. 804.

VI. 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 does not require 
publication for public comment.

VII. Paperwork Reduction Act

    This final 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 and 217

    Government procurement.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.

    Therefore, the Defense Acquisition Regulations System amends 48 CFR 
parts 204 and 217 as follows:

0
1. The authority citation for 48 CFR parts 204 and 217 continues to 
read as follows:

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

PART 204--ADMINISTRATIVE AND INFORMATION MATTERS


204.1103  [Amended]

0
2. Amend section 204.1103--
0
a. In paragraph (1) by removing ``(SAM)'' and adding ``SAM'' in its 
place;
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b. In paragraph (2)(ii) by removing ``Data Universal Numbering System 
(DUNS) number'' and adding ``unique entity identifier (UEI)'' in its 
place;
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c. In paragraph (3) by removing ``DUNS number'' and adding ``UEI'' in 
its place; and
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d. In paragraph (5) by removing ``DUNS number or DUNS+4 number'' and 
adding ``UEI'' in its place.

PART 217--SPECIAL CONTRACTING METHODS


217.207  [Amended]

0
3. Amend section 217.207 in paragraph (c)(1) by removing ``Data 
Universal Numbering System (DUNS) number'' and adding ``unique entity 
identifier'' in its place.

[FR Doc. 2024-21095 Filed 9-25-24; 8:45 am]
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