[Federal Register Volume 74, Number 144 (Wednesday, July 29, 2009)]
[Rules and Regulations]
[Pages 37642-37644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17952]


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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: Final rule.

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SUMMARY: DoD has issued a final rule amending 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 rule clarifies requirements for proper assignment of 
procurement instrument identification numbers.

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 2008-D010.

SUPPLEMENTARY INFORMATION:

A. Background

    This final 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 DFARS 
changes address requirements for--
    [cir] Ensuring that contract documents contain contractor 
information that is accurate and consistent with the information in the 
CCR database; and
    [cir] Proper assignment of procurement instrument identification 
numbers.
    DoD published a proposed rule at 73 FR 62239 on October 20, 2008. 
Three

[[Page 37643]]

sources submitted comments on the proposed rule. A discussion of the 
comments is provided below.
    1. Comment: The proposed change to positions 7 and 8 of the 
procurement instrument identification number, from ``the last two 
digits of the fiscal year in which the PII number was assigned'' to 
``the last two digits of the fiscal year in which the procurement 
instrument is awarded'' does not recognize that procurement instrument 
identification numbers are used for preaward solicitation actions as 
well as contract awards.
    DoD Response: To provide for the use of procurement instrument 
identification numbers for solicitations as well as contract awards, 
the final rule specifies that the seventh and eighth positions of the 
PIIN will be the last two digits of the fiscal year in which the 
procurement instrument is issued or awarded.
    2. Comment: The proposed language at 204.1103(1)(ii)(B), which 
requires that a contracting officer exercise an option or issue a 
contract modification only after obsolete or incorrect CCR information 
has been updated, should not be adopted. Such delays in the exercise of 
options or issuance of modifications could result in the loss of funds 
or an undesired interruption of services.
    DoD Response: The final rule permits exercise of an option or 
issuance of a modification (other than a unilateral modification making 
an administrative change) only after determining that the contractor's 
information in the Central Contractor Registration database is active 
and the contractor's Data Universal Numbering System number, Commercial 
and Government Entity code, name, and physical address are accurately 
reflected in the contract document. Contractors already are required to 
enter and maintain their information in the CCR database as a condition 
of contract award. Therefore, DoD does not expect the requirements of 
this rule to prevent timely execution of contract actions.
    3. Comment: DFARS 204.1103 should specifically state that contract 
documents include the contractor's physical address as the official 
address. CCR maintains three addresses: physical address, mailing 
address, and remittance address. Use of the contractor's physical 
address is necessary to ensure assignment of the appropriate Defense 
Contract Management Agency contract administration office.
    DoD Response: The rule has been amended to require use of the 
contractor's physical address on contract documents.
    4. Comment: The rule should clearly state that the contract will be 
awarded to the Commercial and Government Entity (CAGE) code location 
from which the company will be managing the contract, i.e., the 
physical location from which the company will make executive decisions 
regarding the contract, including, but not limited to, signing the 
contract and modifications. The contract administration office should 
be that responsible for the physical location from which the prime 
contractor will manage its contract, not from the place of performance.
    DoD Response: The rule requires that contract documents contain the 
contractor's legal or ``doing business as'' name, physical address, and 
CAGE code information as specified in the CCR database at the time of 
contract award. This may or may not be the location where the 
contractor manages the contract. To permit flexibility in Government 
contract management and oversight, the regulations do not direct the 
use of a specific contract administration office.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies that this final rule will not 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 rule reinforces existing requirements for accuracy of 
contract information.

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 and 217

    Government procurement.

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

0
Therefore, 48 CFR Parts 204 and 217 are amended as follows:
0
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

0
2. Section 204.1103 is revised to read as follows:


204.1103  Procedures.

    (1) On contract award documents, use the contractor's legal or 
``doing business as'' name and physical address information as recorded 
in the Central Contractor Registration (CCR) database at the time of 
award.
    (2) When making a determination to exercise an option, or at any 
other time before issuing a modification other than a unilateral 
modification making an administrative change, ensure that--
    (i) The contractor's record is active in the CCR database; and
    (ii) 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.
    (3) At any time, if the DUNS number, CAGE code, contractor name, or 
physical address on a contract no longer matches the information on the 
contractor's record in the CCR database, the contracting officer shall 
process a novation or change-of-name agreement, or an address change, 
as appropriate.
    (4) See PGI 204.1103 for additional requirements relating to use of 
information in the CCR database.
    (5) On contractual documents transmitted to the payment office, 
provide the CAGE code, instead of the DUNS number or DUNS+4 number, in 
accordance with agency procedures.

0
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 procurement instrument 
is issued or 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.

[[Page 37644]]

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:
[GRAPHIC] [TIFF OMITTED] TR29JY09.000

PART 217--SPECIAL CONTRACTING METHODS

0
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