37644 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 

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: 

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 

record in the Central Contractor 

Registration database is active and the 

contractor’s Data Universal Numbering 

System (DUNS) number, Commercial 

and Government Entity (CAGE) code, 

name, and physical address are 

accurately reflected in the contract 

document. 

[FR Doc. E9–17952 Filed 7–28–09; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204, 219, and 253 

RIN 0750–AF77 

Defense Federal Acquisition 

Regulation Supplement; Contract 

Reporting (DFARS Case 2007–D006) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to address DoD requirements 

for reporting of contract actions in the 

Federal Procurement Data System. 

DATES: Effective Date: July 29, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Julian Thrash, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3D139, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone 703–602–0310; 

facsimile 703–602–7887. Please cite 

DFARS Case 2007–D006. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Federal Procurement Data System 

(FPDS) provides a comprehensive Webbased tool for Federal agencies to report 

contract actions. General reporting 

requirements for FPDS are in Subpart 

4.6 of the Federal Acquisition 

Regulation. This final rule updates 

DFARS text addressing reporting of 

contract actions, to remove references to 

obsolete reporting form DD 350, and to 

address current DoD procedures for 

reporting of contract actions in FPDS. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

This rule will not have a significant 

cost or administrative impact on 

contractors or offerors, or a significant 

effect beyond the internal operating 

procedures of DoD. Therefore, 

publication for public comment under 

41 U.S.C. 418b is not required. 

However, DoD will consider comments 

from small entities concerning the 

affected DFARS subparts in accordance 

with 5 U.S.C. 610. Such comments 

should cite DFARS Case 2007–D006. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the 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, 

219, and 253 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR Parts 204, 219, and 

253 are amended as follows: 

■ 1. The authority citation for 48 CFR 

Parts 204, 219, and 253 continues to 

read as follows: 

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

Chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

■ 2. Sections 204.602, 204.604, and 

204.606 are added to read as follows: 


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Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37645 

204.602 General. 

See PGI 204.602 for additional 

information on the Federal Procurement 

Data System (FPDS) and procedures for 

resolving technical or policy issues 

relating to FPDS. 

204.604 Responsibilities. 

(1) The process for reporting contract 

actions to FPDS should, where possible, 

be automated by incorporating it into 

contract writing systems. 

(2) Data in FPDS is stored indefinitely 

and is electronically retrievable. 

Therefore, the contracting officer may 

reference the contract action report 

(CAR) approval date in the associated 

Government contract file instead of 

including a paper copy of the 

electronically submitted CAR in the file. 

Such reference satisfies contract file 

documentation requirements of FAR 

4.803(a). 

(3) By December 15th of each year, the 

chief acquisition officer of each DoD 

component required to report its 

contract actions shall submit to the 

Director, Defense Procurement and 

Acquisition Policy, its annual 

certification and data validation results 

for the preceding fiscal year in 

accordance with the DoD Data 

Improvement Plan requirements at 

http://www.acq.osd.mil/dpap/pdi/eb. 

The Director, Defense Procurement and 

Acquisition Policy, will submit a 

consolidated DoD annual certification to 

the Office of Management and Budget 

by January 5th of each year. 

204.606 Reporting data. 

In addition to FAR 4.606, follow the 

procedures at PGI 204.606 for reporting 

data to FPDS. 

204.670 [Removed] 

■ 3. Section 204.670 is removed. 

■ 4. Section 204.902 is revised to read 

as follows: 

204.902 General. 

(b) DoD uses the Federal Procurement 

Data System (FPDS) to meet these 

reporting requirements. 

204.7203 [Amended] 

■ 5. Section 204.7203 is amended by 

removing paragraph (c). 

PART 219—SMALL BUSINESS 

PROGRAMS 

■ 6. Section 219.001 is amended by 

revising paragraph (2)(iv) to read as 

follows: 

219.001 Definitions. 

* * * * * 

(2) * * * 

(iv) Reporting contract actions with 

SDB concerns in the Federal 

Procurement Data System (FPDS). 

■ 7. Section 219.202–5 is amended by 

revising the introductory text to read as 

follows: 

219.202–5 Data collection and reporting 

requirements. 

Determine the premium percentage to 

be entered in the Federal Procurement 

Data System (FPDS) as follows: 

* * * * * 

PART 253—FORMS 

253.204 and 253.204–70 [Removed] 

■ 8. Sections 253.204 and 253.204–70 

are removed. 

[FR Doc. E9–17946 Filed 7–28–09; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204, 236, 237, 239, 245, 

and 252 

RIN 0750–AF92 

Defense Federal Acquisition 

Regulation Supplement; Government 

Property (DFARS Case 2007–D020) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update text addressing 

management of Government property in 

the possession of contractors. The 

DFARS changes are consistent with 

changes made to the Federal 

Acquisition Regulation (FAR). 

DATES: Effective Date: July 29, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mark Gomersall, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3D139, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone 703–602–0302; 

facsimile 703–602–7887. Please cite 

DFARS Case 2007–D020. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule updates and 

reorganizes DFARS Subparts 245.1, 

245.3, 245.4, and 245.5 for consistency 

with FAR changes addressing 

management of government property in 

the possession of contractors, published 

at 72 FR 27364 on May 15, 2007. 

Related changes are made in Parts 204, 

236, 237, 239, and 252. The following 

table summarizes the DFARS changes in 

this rule: 

DFARS citation Changes made by this rule 

204.7003 ......................................... Removed ‘‘facilities contracts’’ from the list of contract types, consistent with the removal of references to 

facilities contracts from the FAR. 

237.7003 ......................................... Updated the reference to the applicable FAR Government Property clause. 

239.7402 ......................................... Updated and clarified the text in paragraphs (b)(3) and (4). 

245.104 ........................................... Updated and relocated the text to 245.105. 

245.301 ........................................... (1) Updated the definition of ‘‘facilities project’’ and relocated it to 237.7501. 

(2) Relocated the definition of ‘‘mapping, charting, and geodesy’’ to 245.101 without change. 

(3) Removed the definition of ‘‘provide,’’ since this term is now defined in FAR 45.101. 

(4) Removed the definitions of ‘‘agency-peculiar property,’’ ‘‘industrial plant equipment,’’ and ‘‘other plant 

equipment,’’ as they are no longer considered necessary. 

245.302–1(a) ................................... Revised to eliminate text addressing responsibilities for approval of facilities projects, as these responsibilities are addressed DoD Directive 4275.5. The remaining text is relocated to 237.7502, with cross-references added at 236.275 and 245.102(3). 

245.302–1(b) and DD Form 1419 .. Removed. The specified equipment screening procedures have become obsolete. 

245.302–2 and 245.302–7 .............. Removed. The separate procedures for facilities contracts are no longer necessary. 

245.303–2 ....................................... Updated and relocated to 245.102(2). 

245.307–2 ....................................... Removed. The corresponding FAR text has been removed. 


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