Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Proposed Rules 43477 

252.212–7001 [Amended] 

2. Section 252.212–7001 is 

amended— 

a. By removing the clause date ‘‘(JUN 

2012)’’ and adding ‘‘(DATE)’’ in its 

place; 

b. In paragraph (b)(7), by removing the 

clause date ‘‘(JUL 2009)’’ and adding 

‘‘(DATE)’’ in its place; and 

c. In paragraph (b)(8), by removing the 

clause date ‘‘(JUN 2012)’’ and adding 

‘‘(DATE)’’ in its place. 

3. Section 252.225–7008 is 

amended— 

a. By removing the clause date ‘‘(JUL 

2009)’’ and adding ‘‘(DATE)’’ in its 

place; and 

b. In paragraph (a), by removing the 

numerical designations (1) through (4) 

from the definitions and revising the 

definition of ‘‘produce’’ to read as 

follows: 

252.225–7008 Restriction on Acquisition 

of Specialty Metals. 

* * * * * 

(a) * * * 

Produce means the gas atomization, 

sputtering, or final consolidation of nonmelt derived metal powders. 

* * * * * 

4. Section 252.225–7009 is 

amended— 

a. By removing the clause date ‘‘(JUN 

2012)’’ and adding ‘‘(DATE)’’ in its 

place; and 

b. In paragraph (a), by removing the 

numerical designations (1) through (14) 

from the definitions and revising the 

definition of ‘‘produce’’ to read as 

follows: 

252.225–7009 Restriction on Acquisition 

of Certain Articles Containing Specialty 

Metals. 

* * * * * 

(a) * * * 

Produce means the gas atomization, 

sputtering, or final consolidation of nonmelt derived metal powders. 

* * * * * 

252.244–7000 [Amended] 

5. Section 252.244–7000 is amended 

by removing the clause date ‘‘(JUN 

2012)’’ and adding ‘‘(DATE)’’ in its 

place and in paragraph (b), removing the 

clause date ‘‘(JUN 2012)’’ and adding 

‘‘(DATE)’’ in its place. 

[FR Doc. 2012–17590 Filed 7–23–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

48 CFR Parts 204, 212, and 252 

RIN 0750–AH58 

Defense Federal Acquisition 

Regulation Supplement: Ownership of 

Offeror (DFARS Case 2011–D044) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

provide a provision for offerors, if 

owned or controlled by another 

business entity, to identify the 

Commercial and Government Entity 

(CAGE) code and legal name of that 

business entity. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

September 24, 2012, to be considered in 

the formation of the final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2011–D044, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘DFARS Case 2011–D044’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2011– 

D044.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2011– 

D044’’ on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2011–D044 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Veronica 

Fallon, OUSD(AT&L)DPAP/DARS, 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check www.regulations.gov, 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Veronica Fallon, telephone 571–372– 

6087. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD proposes to collect the CAGE 

code and name from offerors, if owned 

or controlled by another business entity, 

in a new provision with an offeror’s 

representations and certifications. The 

CAGE code is a five-character 

identification number used extensively 

within the Federal Government, and is 

administered by the Defense Logistics 

Information Service. A search feature for 

CAGE codes is available at http:// 

www.logisticsinformationservice.

dla.mil/cage_welcome.asp. CAGE codes 

for vendors located in the United States 

may be obtained via registration in the 

Central Contractor Registration (CCR) 

application, available at http:// 

www.acquisition.gov. Additional 

information about CAGE code 

assignments is available at https:// 

www.fsd.gov/app/answers/detail/a_id/ 

186. 

The ability to consistently, uniquely, 

and easily identify owners of offerors for 

DoD contractors is becoming 

increasingly required to support the 

implementation of business tools that 

provide insight into spending patterns 

for entire corporations. This new 

provision will— 

• Enable the tracking of performance 

issues that affect the entire corporation; 

• Provide insight for the deployed 

commander on contractor personnel intheater; 

• Support the Office of the Under 

Secretary of Defense for Acquisition, 

Technology and Logistics’ preferred 

supplier program; and 

• Facilitate Defense Procurement and 

Acquisition and Policy priorities for a 

common price negotiation and audit 

history tool. 

This case requires that a provision be 

included in the annual representations 

and certifications completed in the 

Online Representations and 

Certifications Application (ORCA). The 

Defense Logistics Agency (DLA) will be 

able to access the ORCA data and use it 

to supplement the CAGE file maintained 

by its DLA Logistics Information 

Service. 

DoD published a notice of public 

meeting in the Federal Register at 76 FR 

64902 on October 19, 2011, with public 

comments due December 9, 2011. No 

public comments were received. 

This rule requires offerors to represent 

that, if it is owned by another business 

entity, it has entered the CAGE code and 

name of that owner. As such, this rule 

proposes the following DFARS changes: 

• Revise 204.1202, Solicitation 

provision and contract clause, to add 

the provision at 252.204–70XX, 

Ownership of Offeror; 


srobinson on DSK4SPTVN1PROD with PROPOSALS2
43478 Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Proposed Rules 

• Revise 204.7207, Solicitation 

provision, to prescribe the use of the 

provision at 252.204–70XX, Ownership 

of Offeror; 

• Revise 212.301(f)(iv), Solicitation 

provisions and contract clauses for the 

acquisition of commercial items, to add 

the provision at 252.204–70XX, 

Ownership of Offeror; 

• Revise 252.204–7001, Commercial 

and Government Entity (CAGE) Code 

Reporting, preface to reflect changes 

required at 204.1202; 

• Revise 252.204–7007, Alternate A, 

Annual Representations and 

Certifications, to add the provision at 

252.204–70XX, Ownership of Offeror; 

and 

• Add a new provision at 252.204– 

70XX, Ownership of Offeror. 

II. 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. 

III. Regulatory Flexibility Act 

DoD expects that this proposed rule 

may have an economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. 

Therefore, an Initial Regulatory 

Flexibility Analysis has been prepared 

and is summarized as follows: 

This rule would affect offerors that are 

owned by another business entity. As 

such, this DFARS rule would require an 

offeror to represent that, if it is owned 

or controlled by another business entity, 

it has entered the CAGE code and the 

name of that entity. DoD made 308,286 

new contract awards to contractors with 

approximately 55,000 unique Data 

Universal Numbering System (DUNS) 

numbers in Fiscal Year 2011. 

Approximately 41,000 of these awards 

were to small-business unique DUNS. It 

is estimated that approximately 5% of 

these small business unique DUNS are 

corporations under another business 

entity. Therefore, DoD estimates that 

this rule will apply to approximately 

2,050 small-business unique DUNS 

contractors. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

There are no significant alternatives to 

accomplish the stated objectives of this 

rule. DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2011–D044) in 

the correspondence. 

IV. Paperwork Reduction Act 

The rule contains 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). 

Accordingly, DoD has submitted a 

request for approval of a new 

information collection requirement 

concerning Ownership of Offeror 

(DFARS Case 2011–D044) to the Office 

of Management and Budget. 

A. Public reporting burden for this 

collection of information is estimated to 

average 0.5 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

The annual reporting burden 

estimated as follows: 

Respondents: 308,286. 

Responses per respondent: 1.5. 

Total annual responses: 462,429. 

Preparation hours per response: 0.5 

hours. 

Total response burden hours: 231,215 

hours. 

B. Request for Comments Regarding 

Paperwork Burden. 

Written comments and 

recommendations on the proposed 

information collection, including 

suggestions for reducing this burden, 

should be sent to Ms. Jasmeet Seehra at 

the Office of Management and Budget, 

Desk Officer for DoD, Room 10236, New 

Executive Office Building, Washington, 

DC 20503, or email 

Jasmeet_K._Seehra@omb.eop.gov, and a 

copy to the Defense Acquisition 

Regulations System, Attn: Ms. Veronica 

Fallon, OUSD(AT&L)DPAP/DARS, 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments can be received from 30 to 60 

days after the date of this notice, but 

comments to OMB will be most useful 

if received by OMB within 30 days after 

the date of this notice. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary for the proper 

performance of functions of the DFARS, 

and will have practical utility; whether 

our estimate of the public burden of this 

collection of information is accurate, 

and based on valid assumptions and 

methodology; ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and ways in 

which we can minimize the burden of 

the collection of information on those 

who are to respond, through the use of 

appropriate technological collection 

techniques or other forms of information 

technology. 

To request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to the Defense Acquisition 

Regulations System, Attn: Ms. Veronica 

Fallon, OUSD(AT&L)DPAP/DARS, 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060, or email 

dfars@osd.mil. Include DFARS Case 

2011–D044 in the subject line of the 

message. 

List of Subjects in 48 CFR Parts 204, 

212, and 252 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore 48 CFR parts 204, 212, and 

252 are proposed to be amended as 

follows: 

1. The authority citation for 48 CFR 

parts 204, 212, and 252 continues to 

read as follows: 

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

chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

2. Section 204.1202 is amended by— 

a. Redesignating paragraphs (2)(i) 

through (xiii) as paragraphs (2)(ii) 

through (xiv); and 

b. Adding new paragraph (2)(i) to read 

as follows: 

204.1202 Solicitation provision and 

contract clause. 

* * * * * 

(2) * * * 

(i) 252.204–70XX, Ownership of 

Offeror. 

* * * * * 

3. Section 204.7207 is revised to read 

as follows: 


srobinson on DSK4SPTVN1PROD with PROPOSALS2
Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Proposed Rules 43479 

204.7207 Solicitation provisions. 

(a) Use the provision at 252.204–7001, 

Commercial and Government Entity 

(CAGE) Code Reporting, in solicitations 

when— 

(1) The solicitation does not include 

the clause at FAR 52.204–7, Central 

Contractor Registration; and 

(2) The CAGE codes for the potential 

offerors are not available to the 

contracting office. 

(b) Use the provision at 252.204– 

70XX, Ownership of Offeror, in all 

solicitations. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

4. Section 212.301 is amended by— 

a. Redesignating paragraphs (f)(iv)(C) 

through (Q) as paragraphs (f)(iv)(D) 

through (R); and 

b. Adding a new paragraph (f)(iv)(C) 

to read as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

* * * * * 

(iv) * * * 

(C) Use the provision at 252.204– 

70XX Ownership of Offeror, as 

prescribed in 204.7207. 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.204–7001 [Amended] 

5. Section 252.204–7001 is amended 

by removing from the introductory text 

the reference ‘‘204.7207’’ and adding in 

its place ‘‘204.7207(a)’’. 

6. Section 252.204–7007 is amended 

by— 

a. Removing from the provision 

heading ‘‘(JUN 2012)’’ and adding in its 

place ‘‘(DATE)’’; 

b. Redesignating paragraphs (d)(1)(i) 

through (vii) as paragraphs (d)(1)(ii) 

through (viii); and 

Adding a new paragraph (d)(1)(i) to 

read as follows: 

252.204–7007 Alternate A, Annual 

Representations and Certifications. 

* * * * * 

(d)(1) * * * 

(i) 252.204–70XX, Ownership of 

Offeror. Applies to all solicitations. 

* * * * * 

7. Section 252.204–70XX is added to 

read as follows: 

252.204–70XX Ownership of Offeror. 

As prescribed in 204.7207(b), use the 

following provision: 

OWNERSHIP OF OFFEROR (DATE) 

(a) Definitions. As used in this 

provision— 

Highest-level owner means the 

business entity, which owns or controls 

the one or more business entities that 

own or control the offeror. 

Immediate owner means the business 

entity, which has the most direct and 

proximate ownership or control of the 

offeror. 

Owner, as used in this provision, 

means the business entity, other than 

the offeror, that owns or controls the 

offeror, or that owns or controls other 

business entities that own or control the 

offeror. The two types of owners, for 

purposes of this provision, are 

immediate owners and highest-level 

owners (these owners may be the same 

for some entities). 

(b) The offeror represents by 

submission of its offer that it [_] is or [_] 

is not owned or controlled by a business 

entity as defined in paragraph (a) of this 

provision. 

(c) If the offeror has indicated ‘‘is’’ in 

paragraph (b) of this provision, enter the 

following information: 

Immediate owner CAGE code: 

lllllllllllllllllll

Immediate owner legal name: 

lllllllllllllllllll

(Do not use a ‘‘doing business as’’ 

name.) 

Immediate owner is the same as 

highest-level owner: [_] Yes or [_] No. 

(d) If the offeror has indicated ‘‘no’’ in 

paragraph (c) of this provision, 

indicating that the immediate owner is 

not the highest-level owner, then enter 

the following information: 

Highest-level owner CAGE code: 

lllllllllllllllllll

Highest-level owner legal name: 

lllllllllllllllllll

(Do not use a ‘‘doing business as’’ 

name.) 

(e) CAGE codes for entities located in 

the United States may be obtained by 

registration in the Central Contractor 

Registration (CCR) application available 

at http://www.acquisition.gov; or by 

submitting a DD Form 2051 to the 

address provided on the form. 

Instructions regarding the assignment of 

CAGE codes for entities located outside 

the United States are available at http://

www.dlis.dla.mil/forms/ 

form_AC135.asp. 

(End of provision) 

[FR Doc. 2012–17593 Filed 7–23–12; 8:45 am] 

BILLING CODE 5001–06–P 


srobinson on DSK4SPTVN1PROD with PROPOSALS2