[Federal Register Volume 73, Number 203 (Monday, October 20, 2008)]
[Proposed Rules]
[Pages 62239-62241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24486]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 204 and 217

RIN 0750-AG05


Defense Federal Acquisition Regulation Supplement; Clarification 
of Central Contractor Registration and Procurement Instrument 
Identification Data Requirements (DFARS Case 2008-D010)

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

ACTION: Proposed rule with request for comments.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to address requirements for ensuring the 
accuracy of contractor information in the Central Contractor 
Registration (CCR) database and in contract documents. Additionally, 
the proposed rule clarifies requirements for proper assignment of 
procurement instrument identification numbers.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before December 19, 2008, to be 
considered in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2008-D010, 
using any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: <a href="/cdn-cgi/l/email-protection#e38785829190a38c9087cd8e8a8f"><span class="__cf_email__" data-cfemail="a6c2c0c7d4d5e6c9d5c288cbcfca">[email protected]</span></a>. Include DFARS Case 2008-D010 in the subject 
line of the message.
    Fax: 703-602-7887.
    Mail: Defense Acquisition Regulations System, Attn: Mr. Julian 
Thrash, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
    Hand Delivery/Courier: Defense Acquisition Regulations System, 
Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-
3402.
    Comments received generally will be posted without change to http:/
/

[[Page 62240]]

www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Julian Thrash, 703-602-0310.

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed rule reinforces requirements for use and maintenance 
of accurate contractor information, to permit proper identification and 
tracking of contract data through DoD's business processes. The 
proposed changes address requirements for--
    <bullet> Ensuring that contract documents contain contractor 
information that is accurate and consistent with the information in the 
CCR database;
    <bullet> Confirming the accuracy of a contractor's CCR information 
before exercising a contract option; and
    <bullet> Proper assignment of procurement instrument identification 
numbers.
    This rule was subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this proposed rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because the proposed rule reinforces existing requirements for accuracy 
of contract information. Therefore, DoD has not performed an initial 
regulatory flexibility analysis. DoD invites comments from small 
businesses and other interested parties. DoD also will consider 
comments from small entities concerning the affected DFARS subparts in 
accordance with 5 U.S.C. 610. Such comments should be submitted 
separately and should cite DFARS Case 2008-D010.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the proposed 
rule does not impose any information collection requirements that 
require the approval of the Office of Management and Budget under 44 
U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 204 and 217

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

    Therefore, DoD proposes to amend 48 CFR Parts 204 and 217 as 
follows:
    1. The authority citation for 48 CFR Parts 204 and 217 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 204--ADMINISTRATIVE MATTERS

    2. Section 204.1103 is amended by redesignating paragraph (e) as 
paragraph (3), and by adding new paragraphs (1) and (2) to read as 
follows:


204.1103  Procedures.

    (1) When making a determination to exercise an option, or at any 
other time, if the contractor is no longer registered in the Central 
Contractor Registration (CCR) database or if the information in the CCR 
database is no longer current or consistent with an applicable contract 
document--
    (i) Confirm the accuracy of the information in the CCR database; 
and
    (ii)(A) If the information in the CCR database is current, 
accurate, and complete, modify contract documents as necessary; or
    (B) If the information in the CCR database is not current, 
accurate, and complete, exercise the option or issue the applicable 
contract modification as soon as practicable after the contractor has 
updated its registration information.
    (2) On contract award documents, use the contractor's legal or 
``doing business as'' name and address information as recorded in the 
CCR database at the time of award. Modifications for novations, name 
changes, or address changes shall reflect the information recorded in 
the CCR database at the time the modification is issued. See PGI 
204.1103 for additional requirements relating to use of information in 
the CCR database.
* * * * *
    3. Section 204.7003 is amended by revising paragraphs (a)(2), 
(a)(3)(iii), (a)(3)(viii), and (b) to read as follows:


204.7003  Basic PII number.

    (a) * * *
    (2) Positions 7 through 8. The seventh and eighth positions are the 
last two digits of the fiscal year in which the contract instrument is 
awarded.
    (3) * * *
    (iii) Contracts of all types except indefinite delivery contracts, 
facilities contracts, sales contracts, and contracts placed with or 
through other Government departments or agencies or against contracts 
placed by such departments or agencies outside the DoD. Do not use this 
code for contracts or agreements with provisions for orders or calls-C.
* * * * *
    (viii) Agreements, including basic agreements and loan agreements, 
but excluding blanket purchase agreements, basic ordering agreements, 
and leases. Do not use this code for contracts or agreements with 
provisions for orders or calls-H.
* * * * *
    (b) Illustration of PII number. The following illustrates a 
properly configured PII number--

[[Page 62241]]

[GRAPHIC] [TIFF OMITTED] TP20OC08.000

PART 217--SPECIAL CONTRACTING METHODS

    4. Section 217.207 is added to read as follows:


217.207  Exercise of options.

    (c) In addition to the requirements at FAR 17.207(c), exercise an 
option only after determining that the contractor's information in the 
Central Contractor Registration database is current, accurate, and 
complete and is accurately reflected in the contract document.

 [FR Doc. E8-24486 Filed 10-17-08; 8:45 am]
BILLING CODE 5001-08-P


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