[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Rules and Regulations]
[Pages 9049-9051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4292]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 4, 52, and 53
[FAC 97-04; FAR Case 95-307; Item I]
RIN 9000-AH33
Federal Acquisition Regulation; Use of Data Universal Numbering
System as the Primary Contractor Identification
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule adopted as final with changes.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed to adopt as final, with
changes, the interim rule published in the Federal Register at 61 FR
67412,
[[Page 9050]]
December 20, 1996, as Item III of Federal Acquisition Circular 90-43.
This final rule amends the Federal Acquisition Regulation (FAR) 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 (FPDS). This regulatory action
was not subject to Office of Management and Budget review under
Executive Order 12866, dated September 30, 1993, and is not a major
rule under 5 U.S.C. 804.
EFFECTIVE DATE: April 24, 1998.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405 (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Victoria Moss, Procurement Analyst, at (202) 501-
4764. Please cite FAC 97-04, FAR case 95-307.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends FAR Parts 4 and 52 to replace the CEC with
the DUNS number as the means of identifying contractors in the FPDS.
Federal agencies report data to the Federal Procurement Data Center,
which collects, processes, and disseminates official statistical data
on Federal contracting.
An interim rule was published in the Federal Register on December
20, 1996 (61 FR 67412). The final rule differs from the interim rule
mainly (1) to reflect new Dun and Bradstreet procedures that
accommodate offerors located overseas; and (2) to clarify that this
requirement applies to commercial items by adding the DUNS requirement
to the provision at FAR 52.212-1, Instructions to Offerors Commercial
Items.
Public comments were received from two sources. The comments were
considered in developing the final rule.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify 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 merely
replaces the Contractor Establishment Code with the Data Universal
Numbering System number to identify contractors in the Federal
Procurement Data System.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 96-511) is deemed to apply
because the final rule contains information collection requirements.
The information collection aspects of this rule have been approved by
the Office of Management and Budget and assigned Control No. 9000-0145.
List of Subjects in 48 CFR Parts 1, 4, 52, and 53
Government procurement.
Dated: February 13, 1998.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Interim Rule Adopted as Final With Changes
Accordingly, the interim rule amending 48 CFR Parts 4, 52, and 53,
which was published at 61 FR 67412, December 20, 1996, is adopted as a
final rule with the following changes:
1. The authority citation for 48 CFR Parts 1, 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 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
2. Section 1.106 is amended in the table following the introductory
paragraph by adding the following entries:
1.106 OMB approval under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
OMB control
FAR segment No.
------------------------------------------------------------------------
* * * * *
4.602...................................................... 9000-0145
4.603...................................................... 9000-0145
* * * * *
52.204-6................................................... 9000-0145
* * * * *
------------------------------------------------------------------------
PART 4--ADMINISTRATIVE MATTERS
3. Section 4.603 is amended by revising paragraph (a) to read as
follows:
4.603 Solicitation provisions.
(a)(1) The contracting officer shall insert the provision at
52.204-6, 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 a similar agency
form.
(2) For offerors located outside the United States, the contracting
officer may modify paragraph (c) of the provision at 52.204-6 to
provide the correct phone numbers for the Dun and Bradstreet offices in
the areas from which offerors are anticipated to respond.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Section 52.204-6 is amended by revising the section heading,
provision heading and date; and the provision is amended by removing
paragraph (a) and redesignating paragraphs (b), (c), and (d), as (a),
(b), and (c), respectively; by revising newly designated paragraph (a),
the third sentence of newly designated introductory paragraph (b), and
newly designated paragraph (c) to read as follows:
52.204-6 Data Universal Numbering System (DUNS) Number.
* * * * *
Data Universal Numbering System (DUNS) Number (Apr 1998)
(a) The offeror shall enter, in the block with its name and
address on the cover page of its offer, the annotation ``DUNS''
followed by the DUNS number that identifies the offeror's name and
address exactly as stated in the offer. The DUNS number is a nine-
digit number assigned by Dun and Bradstreet Information Services.
(b) * * * For information on obtaining a DUNS number, the
offeror, if located within the United States, should call Dun and
Bradstreet at 1-800-333-0505. * * *
* * * * *
(c) 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.dnb.com/. If an offeror is unable to locate a local service
center, it may send an e-mail to Dun and Bradstreet at
globalinfo@mail.dnb.com.
(End of provision)
5. Section 52.212-1 is amended by revising the provision date to
read ``(Apr 1998)'' and adding paragraph (j) to the provision to read
as follows:
52.212-1 Instructions to Offerors--Commercial Items.
* * * * *
Instructions to Offerors--Commercial Items (Apr 1998)
* * * * *
(j) Data Universal Numbering System (DUNS) Number. (Applies to
offers exceeding $25,000.) The offeror shall enter, in the block
with its name and address on the cover page of its offer, the
annotation ``DUNS'' followed by the DUNS number that identifies the
offeror's name and address. If the offeror does not have a DUNS
number, it should contact
[[Page 9051]]
Dun and Bradstreet to obtain one at no charge. An offeror within the
United States may call 1-800-333-0505. The offeror may obtain more
information regarding the DUNS number, including locations of local
Dun and Bradstreet Information Services offices for offerors located
outside the United States, from the Internet home page at http://
www.dnb.com/. If an offeror is unable to locate a local service
center, it may send an e-mail to Dun and Bradstreet at
globalinfo@mail.dnb.com.
(End of provision)
[FR Doc. 98-4292 Filed 2-20-98; 8:45 am]
BILLING CODE 6820-EP-P
