96-32003. Federal Acquisition Regulation; Use of Data Universal Numbering System as Primary Contractor Identification  

  • [Federal Register Volume 61, Number 246 (Friday, December 20, 1996)]
    [Rules and Regulations]
    [Pages 67412-67417]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-32003]
    
    
    
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    DEPARTMENT OF DEFENSE
    48 CFR Parts 4, 52, and 53
    
    [FAC 90-43, FAR Case 95-307, Item III]
    RIN 9000-AH33
    
    
    Federal Acquisition Regulation; Use of Data Universal Numbering 
    System as Primary Contractor Identification
    
    AGENCIES: Department of Defense (DOD), General Services Administration 
    (GSA), and National Aeronautics and Space Administration (NASA).
    
    ACTION: Interim rule with request for comment.
    
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    SUMMARY: The Civilian Agency Acquisition Council and the Defense 
    Acquisition Regulations Council have agreed to an interim rule which 
    amends the FAR by adding a new solicitation provision at 52.204-6, and 
    by revising Standard Forms 294 and 295, to replace the Contractor 
    Establishment Code (CEC) with the Data Universal Numbering System 
    (DUNS) number as the means of identifying contractors in the Federal 
    Procurement Data System. This regulatory action was not subject to 
    Office of Management and Budget (OMB) review under Executive Order 
    12866, dated September 30, 1993, and is not a major rule under 5 U.S.C. 
    804.
    
    DATES: Effective Date: December 20, 1996.
        Comment Date: Comments should be submitted to the FAR Secretariat 
    at the address shown below on or before February 18, 1997 to be 
    considered in the formulation of a final rule.
    
    ADDRESSES: Interested parties should submit written comments to: 
    General Services Administration, FAR Secretariat (MVRS), 18th & F 
    Streets, NW, Room 4035, Attn: Ms. Beverly Fayson, Washington, DC 20405. 
    Please cite FAC 90-43, FAR case 95-307, in all correspondence related 
    to this case.
    
    FOR FURTHER INFORMATION CONTACT: Ms. Linda Klein at (202) 501-3775 in 
    reference to this FAR case. For general information, contact the FAR 
    Secretariat, Room 4035, GS Building, Washington, DC 20405 (202) 501-
    4755. Please cite FAC 90-43, FAR case 95-307.
    
    SUPPLEMENTARY INFORMATION:
    
    A. Background
    
        This interim rule amends FAR Parts 4, 52, and 53 (i.e., block 2 of 
    Standard Form (SF) 294, Subcontracting Report for Individual Contracts, 
    and SF 295, Summary Subcontract Report). Federal agencies report data 
    to the Federal Procurement Data Center, which collects, processes, and 
    disseminates official statistical data on Federal contracting.
    
    B. Regulatory Flexibility Act
    
        The interim rule is not expected 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 rule 
    merely replaces the CEC with the DUNS number to identify contractors in 
    the Federal Procurement Data System. It is estimated that it will take 
    each contractor only 5 minutes to request a DUNS number from Dun and 
    Bradstreet. An Initial Regulatory Flexibility Analysis has, therefore, 
    not been performed. Comments are invited from small businesses and 
    other interested parties. Comments from small entities concerning the 
    affected FAR parts also will be considered in accordance with 5 U.S.C. 
    610. Such comments must be submitted separately and cite 5 U.S.C. 601, 
    et seq. (FAR case 95-307), in correspondence.
    
    C. Paperwork Reduction Act
    
        The Paperwork Reduction Act (Pub. L. 96-511) is deemed to apply 
    because the interim rule contains information collection requirements. 
    Contractors will now have to obtain/report a contractor identification 
    number (i.e., DUNS number). Accordingly, a request for approval of a 
    new information collection requirement has been submitted to the Office 
    of Management and Budget under 44 U.S.C. 3501, et seq.
    
    D. Determination To Issue an Interim Rule
    
        A determination has been made under the authority of the Secretary 
    of Defense (DOD), the Administrator of General Services (GSA), and the 
    Administrator of the National Aeronautics and Space Administration 
    (NASA) that urgent and compelling reasons exist to promulgate this 
    interim rule without prior opportunity for public comment. The Federal 
    Procurement Data System (FPDS) reporting requirements are currently 
    being revised to conform to the requirements of Section 10004 of the 
    Federal Acquisition Streamlining Act of 1994 (FASA). This rule 
    implements a determination made by the Office of Federal Procurement 
    Policy to use the DUNS number for FPDS reporting purposes in place of 
    the CEC and to identify vendors in the Federal Acquisition Computer 
    Network (FACNET) vendor registration database. Agencies may begin 
    reporting the DUNS number with FY 1996 first quarter submissions to the 
    Federal Procurement Data Center. For this reason, and because of the 
    interrelationship of this revision and the FASA-related changes to the 
    FPDS, publication of an interim rule is considered necessary. However, 
    pursuant to Pub. L. 98-577 and FAR 1.501, public comments received in 
    response to this interim rule will be considered in the formulation of 
    the final rule.
    
    List of Subjects in 48 CFR Parts 4, 52, and 53
    
        Government procurement.
    
        Dated: December 11, 1996.
    Edward C. Loeb,
    Director, Federal Acquisition Policy Division.
        Therefore, 48 CFR Parts 4, 52, and 53 are amended as set forth 
    below:
        1. The authority citation for 48 CFR Parts 4, 52, and 53 continues 
    to read as follows:
    
        Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
    U.S.C. 2473(c).
    
    PART 4--ADMINISTRATIVE MATTERS
    
        2. Section 4.602(d) is revised to read as follows:
    
    
    4.602  Federal Procurement Data System.
    
    * * * * *
        (d) The contracting officer shall report a Contractor 
    Identification Number for each successful offeror. A Data Universal 
    Numbering System (DUNS) number, which is a nine-digit number assigned 
    by Dun and Bradstreet Information Services to an establishment, is the 
    Contractor Identification Number for Federal contractors. The DUNS 
    number reported must identify the successful offeror's name and address 
    exactly as stated in the offer and resultant contract. The contracting 
    officer shall ask the offeror to provide its DUNS number by using the 
    provision prescribed at 4.603(a). If the successful offeror does not 
    provide its number, the contracting officer shall contact the offeror 
    and obtain the DUNS number.
        3. Section 4.603 is revised to read as follows:
    
    
    4.603  Solicitation provisions.
    
        (a) The contracting officer shall insert the provision at 52.204-6, 
    Contractor Identification Number--Data Universal Numbering System 
    (DUNS) Number, in solicitations that are expected to result in a 
    requirement for the generation of an SF 279, Federal Procurement Data 
    System (FPDS)--Individual Contract Action Report (see 4.602(c)), or 
    similar agency form.
        (b) The contracting officer shall insert the provision at 52.204-5, 
    Women-Owned Business, in all solicitations that are not set aside for 
    small business concerns and that exceed the simplified acquisition 
    threshold, when the contract
    
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    is to be performed inside the United States, its territories or 
    possessions, Puerto Rico, the Trust Territory of the Pacific Islands, 
    or the District of Columbia.
    
    PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
    
        4. Section 52.204-5, introductory text, is revised to read as 
    follows:
    
    
    52.204-5  Women-Owned Business.
    
        As prescribed in 4.603(b), insert the following provision:
    * * * * *
        5. Section 52.204-6 is added to read as follows:
    
    
    52.204-6  Contractor Identification Number--Data Universal Numbering 
    System (DUNS) Number.
    
        As prescribed in 4.603(a), insert the following provision:
    
    CONTRACTOR IDENTIFICATION NUMBER--DATA UNIVERSAL NUMBERING SYSTEM 
    (DUNS) NUMBER (DEC 1996)
    
        (a) Contractor Identification Number, as used in this provision, 
    means ``Data Universal Numbering System (DUNS) number,'' which is a 
    nine-digit number assigned by Dun and Bradstreet Information 
    Services.
        (b) Contractor identification is essential for complying with 
    statutory contract reporting requirements. Therefore, the offeror is 
    requested to enter, in the block with its name and address on the 
    Standard Form 33 or similar document, the annotation ``DUNS'' 
    followed by the DUNS number which identifies the offeror's name and 
    address exactly as stated in the offer.
        (c) If the offeror does not have a DUNS number, it should 
    contact Dun and Bradstreet directly to obtain one. A DUNS number 
    will be provided immediately by telephone at no charge to the 
    offeror. For information on obtaining a DUNS number, the offeror 
    should call Dun and Bradstreet at 1-800-333-0505. The offeror should 
    be prepared to provide the following information:
        (1) Company name.
        (2) Company address.
        (3) Company telephone number.
        (4) Line of business.
        (5) Chief executive officer/key manager.
        (6) Date the company was started.
        (7) Number of people employed by the company.
        (8) Company affiliation.
        (d) Offerors located outside the United States may obtain the 
    location and phone number of the local Dun and Bradstreet 
    Information Services office from the Internet Home Page at http://
    www.dbisna.com/dbis/customer/custlist.htm. If an offeror is unable 
    to locate a local service center, it may send an e-mail to Dun and 
    Bradstreet at globalinfo@dbisma.com.
    
    (End of provision)
    
    PART 53--FORMS
    
    
    53.219  [Amended]
    
        6. Section 53.219 is amended in paragraphs (a) and (b) by revising 
    ``(Rev Oct 1995)'' to read ``(REV. 10/96)''.
        7. Section 53.301-294 is revised to read as follows:
    
    
    53.301-294  Subcontracting Report for Individual Contracts
    
    BILLING CODE 6820-EP-P
    
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        8. Section 53.301-295 is revised to read as follows:
    
    
    53.301-295  Summary Subcontract Report
    
    BILLING CODE 6820-EP-P
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    [FR Doc. 96-32003 Filed 12-19-96; 8:45 am]
    BILLING CODE 6820-EP-C
    
    
    

Document Information

Published:
12/20/1996
Department:
Defense Department
Entry Type:
Rule
Action:
Interim rule with request for comment.
Document Number:
96-32003
Pages:
67412-67417 (6 pages)
Docket Numbers:
FAC 90-43, FAR Case 95-307, Item III
RINs:
9000-AH33
PDF File:
96-32003.pdf
CFR: (3)
48 CFR 4
48 CFR 52
48 CFR 53