You are on page 1of 7

Federal Register / Vol. 73, No.

78 / Tuesday, April 22, 2008 / Rules and Regulations 21773

contractor responsibility, causes for DEPARTMENT OF DEFENSE personal and/or business confidential
suspension and debarment, and the information provided.
certifications regarding debarment, GENERAL SERVICES FOR FURTHER INFORMATION CONTACT: Mr.
suspension, and proposed debarment. ADMINISTRATION Ernest Woodson, Procurement Analyst,
The changes are intended to add clarity at (202) 501–3775 for clarification of
regarding the specific circumstances NATIONAL AERONAUTICS AND content. Please cite FAC 2005–25, FAR
under which tax delinquencies are so SPACE ADMINISTRATION case 2004–038. For information
serious that suspension or debarment pertaining to status or publication
should be considered. The changes 48 CFR Parts 1, 2, 4, 12, and 52 schedules, contact the FAR Secretariat
originated in response to a request from [FAC 2005–25; FAR Case 2004–038; Item at (202) 501–4755.
the Senate Permanent Subcommittee on I; Docket 2008–0001, Sequence 6] SUPPLEMENTARY INFORMATION:
Investigations.
RIN 9000–AK94 A. Background
Item VI—Enhanced Access for Small
Business (FAR Case 2006–031) Federal Acquisition Regulation; FAR As of October 2003, all agencies were
Case 2004–038, Federal Procurement to begin reporting FAR-based contract
This final rule creates a different,
Data System Reporting actions to the modified system. During
higher dollar ceiling enabling small
Fiscal Year 2004, members of the
businesses to use the small claims AGENCIES: Department of Defense (DoD), interagency Change Control Board, as
procedure for appealing a contracting General Services Administration (GSA), well as departmental teams working on
officer’s final decision. Section 857 of and National Aeronautics and Space the migration of data from the old to
the John Warner National Defense Administration (NASA). new system, recognized both the
Authorization Act for Fiscal Year 2007 ACTION: Interim rule with request for opportunity to standardize reporting
(Pub. L. 109–364) changed the ceiling comments. processes and the need to revise the
under the Contract Disputes Act from
FAR to provide current and clear
$50,000 or less to $150,000 or less for SUMMARY: The Civilian Agency reporting requirements.
small businesses. The ceiling remains at Acquisition Council and the Defense In this interim rule, the Government
$50,000 or less for other types of Acquisition Regulations Council is establishing its commitment for
businesses. The change to 41 U.S.C. 608 (Councils) have agreed on an interim Federal Procurement Data System
is a ceiling change only. rule amending the Federal Acquisition (FPDS) data to serve as the single
Item VII—Technical Amendment Regulation (FAR) to revise the process authoritative source of all procurement
for reporting contract actions to the data for a host of applications and
An editorial change is made at FAR Federal Procurement Data System
1.603–1. reports, such as the Central Contractor
(FPDS). Registration (CCR), the Electronic
Dated: April 4, 2008. DATES: Effective Date: April 22, 2008. Subcontracting Reporting System
Al Matera, Comment Date: Interested parties (eSRS), the Small Business Goaling
Director, Office of Acquisition Policy. should submit written comments to the Report (SBGR), and Resource
Federal Acquisition Circular FAR Secretariat on or before June 23, Conservation and Recovery Act (RCRA)
2008 to be considered in the data.
Federal Acquisition Circular (FAC) formulation of a final rule. The enhanced FPDS was put into
2005–25 is issued under the authority of production on October 1, 2003 by
ADDRESSES: Submit comments
the Secretary of Defense, the implementing newer technology to
identified by FAC 2005–25, FAR case
Administrator of General Services, and report contract actions. The old system
2004–038, by any of the following
the Administrator for the National had 48 data elements; the new system
methods:
Aeronautics and Space Administration. • Regulations.gov: http:// has 145+ elements, including who funds
Unless otherwise specified, all the contract. The new system has the
www.regulations.gov.Submit comments
Federal Acquisition Regulation (FAR) ability to receive data and provide data
via the Federal eRulemaking portal by
and other directive material contained to other applications used in the
inputting ‘‘FAR Case 2004–038’’ under
in FAC 2005-25 is effective April 22, procurement community, allowing the
the heading ‘‘Comment or Submission’’.
2008, except for Items IV, V, and VI Government to give ‘‘credit’’ to the
Select the link ‘‘Send a Comment or
which are effective May 22, 2008. agency that funds the contract action.
Submission’’ that corresponds with FAR
Dated: April 10, 2008. Case 2004–038. Follow the instructions The system is also an enabler ensuring
Shay D. Assad, provided to complete the ‘‘Public that metrics are consistent when
Director, Defense Procurement and Comment and Submission Form’’. comparing one department, service, or
Acquisition Policy, and Strategic Sourcing. Please include your name, company organization to another.
Dated: April 7, 2008. name (if any), and ‘‘FAR Case 2004– Small agencies that do not have the
038’’ on your attached document. staff or resources necessary to purchase
David A. Drabkin,
• Fax: 202–501–4067. the automated contract writing
Acting Chief Acquisition Officer & Senior • Mail: General Services application necessary for reporting
Procurement Executive, Office of the Chief
Acquisition Officer, U.S. General Services
Administration, Regulatory Secretariat contract actions as required by this
Administration. (VPR), 1800 F Street, NW, Room 4035, interim rule are encouraged to partner
ATTN: Diedra Wingate, Washington, DC with a large agency and become a
Dated: April 3, 2008. 20405. subscriber on their system. For
mstockstill on PROD1PC66 with RULES3

William P. McNally, Instructions: Please submit comments information about frequently asked
Assistant Administrator for Procurement, only and cite FAC 2005–25, FAR case questions, see https://www.fpds.gov.
National Aeronautics and Space 2004–038, in all correspondence related The rule amends the FAR by:
Administration. to this case. All comments received will 1. Revising FAR 1.106 to change the
[FR Doc. E8–8402 Filed 4–21–08; 8:45 am] be posted without change to http:// FAR segment 4.602 to 4.605, and 4.603
BILLING CODE 6820–EP–S www.regulations.gov, including any to 4.607.

VerDate Aug<31>2005 16:41 Apr 21, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\22APR3.SGM 22APR3
21774 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations

2. Revising FAR 2.101 to add a agencies must report to FPDS; the use of Government procurement executives
definition for ‘‘Chief Acquisition FPDS ‘‘Express Reporting;’’ the realize that contracts are written for
Officer’’ and revising the definition for reporting requirements for agencies extended periods of time and that
‘‘Data Universal Numbering System participating in the Small Business modifications are routinely made to
number ’’ to include that it is the Competitiveness Demonstration these contracts, even if just to exercise
identification number for Federal Program; and the responsibility of the an option. As a result of inputting data
contractors. GSA Purchase Card Management to regarding these contracts into FPDS,
3. Renaming FAR 4.601 ‘‘Definitions’’ provide purchase card data to FPDS; some errors will end up in FPDS.
and revising the section to add how agencies may report other actions Additionally, as long as there are data
definitions for ‘‘assisted acquisition,’’ not specified in the subpart; and actions elements in a contract writing system
‘‘contract action,’’ ‘‘contract action not to be reported to FPDS, including that are released to FPDS without
report (CAR),’’ ‘‘definitive contract,’’ imprest funds transactions below the validation, errors will continue.
‘‘direct acquisition,’’ ‘‘entitlement micro-purchase threshold, orders from Regardless of the reason it happens, if
program,’’ ‘‘generic DUNS number,’’ GSA Stock and Global Supply Programs, we continue to allow the data to be
‘‘indefinite-delivery vehicle (IDV),’’ orders against certain indefinite- input in FPDS without validation, the
‘‘requesting agency,’’ and ‘‘servicing delivery vehicles, purchases made using professionalism and credibility of the
agency’’ as they pertain to FPDS. Javits-Wagner-O’Day service stores, and acquisition community is called into
4. Renaming FAR section 4.602 purchases made using non-appropriated question. The FPDS enhancements
‘‘General’’ and revising to describe the fund activity cards, chaplain cards, provide the capability to correct any
general characteristics of FPDS and individual Government personnel information that is incorrect or
identify data that will and will not be training orders, and Defense Printing. outdated.
maintained in FPDS. 9. Renumbering the existing FAR Question 4: What level of effort is
5. Renaming FAR section 4.603
4.603 as 4.607. expected of contracting personnel in
‘‘Policy’’ and revising the section to:
eliminating errors in procurement
describe the use of FPDS to maintain B. The Councils have developed the
reported to FPDS?
publicly available information about following list of questions and answers
We anticipate minimal effort is
contract actions; require agencies to to facilitate the public’s understanding
report actions subject to the FAR and required of the contracting officer or
of the changes proposed in FAR Case
using appropriated funds; require contracting specialist to ensure that the
2004–038 for reporting contract actions
agencies performing assisted or direct data reported to FPDS is current,
under the Federal Acquisition
acquisitions to report such actions; accurate, and complete. It is incumbent
Regulation (FAR), Subpart 4.6.
encourage agencies exempt from the on contracting officers and agencies to
Question 1: What is the Federal assure the accuracy of all information
FAR or using non-appropriated funds to
Procurement Data System (FPDS)? submitted. It is also certain that if care
report such actions; and require
agencies awarding contracts using a mix FPDS is a comprehensive mechanism is taken to record the data correctly the
of appropriated and non-appropriated for assembling, organizing, and first time, it will reduce the burden to
funds to only report the full presenting contract procurement data make corrections. To draw attention to
appropriated portion of the action. for the Federal Government. The system the criticality of this information, the
6. Adding a new FAR section 4.604, collects, processes, and disseminates Office of Federal Procurement Policy
Responsibilities. The new section: official statistical data on Federal (OFPP) will require each agency,
describes the responsibility of the contracting. The data is used to generate beginning in December 2007, to certify
Senior Procurement Executive (SPE) reports for the three branches of annually that all data is accurate and
and head of the contracting activity for Government and the general public. complete. See http://
developing and monitoring a process to Question 2: Why are we changing the www.whitehouse.gov/omb/
ensure timely and accurate reporting of way the Federal Government collects procurement/memo/fpdslltrl
contractual actions to FPDS describes procurement data? 030907.pdf.
the responsibility of the contracting The way the Federal Government Question 5: Why is it important for
officer for the submission and accuracy collects procurement data is being procurement data to be accurate and
of the contract action report; describes enhanced to satisfy the Government’s timely?
how and when the contract action compelling need to manage and (a) Timely and accurate procurement
report is to be submitted to FPDS when understand how and where your tax data ensures that the recurring and
a contract writing system is or is not dollars are spent. Collecting data about special reports to the President,
integrated with FPDS or when the Government procurements provides a Congress, the Government
contract action is awarded pursuant to broad picture of the overall Federal Accountability Office, and the general
FAR 6.302–2 or in accordance with the acquisition process. The ability to look public on the expenditure of taxpayer
authorities listed at FAR Subpart 18.2; at all contracts across many agencies, in dollars are reliable, useful, realistic, and
and indicates the date that the Chief greater detail, is a key component in serve as a rational basis for assessing—
Acquisition Officer of each agency establishing transparency, trust in our • The effect of Federal contracting on
reporting to FPDS must submit an Government, and credibility in the our Nation’s economy and the extent to
annual certification of the agency’s professionals who use and perform which small, veteran-owned small,
reported actions. these contracts. With an enhanced view service-disabled veteran-owned small,
7. Adding a new FAR section 4.605, of Federal spending we can conduct HUBZone small, small disadvantaged,
Procedures. The new section describes: analyses to structure strategic women-owned small business concerns,
mstockstill on PROD1PC66 with RULES3

the Procurement Instrument Identifier; procurements and save money, improve and nonprofit agencies operating under
and the Data Universal Numbering Governmentwide management, and the Javits-Wagner-O’Day Act are sharing
System (DUNS). establish interoperability with other in Federal contracts; and
8. Adding a new FAR section 4.606, Governmentwide data systems. • Measuring the impact of other
Reporting Data. The new section will Question 3: What impact will the Federal procurement policies and
describe: the mandatory actions enhancements have on errors in FPDS? management initiatives.

VerDate Aug<31>2005 16:41 Apr 21, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\22APR3.SGM 22APR3
Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations 21775

(b) In addition to the above, a list of contract award for any actions done professionals who award and administer
purposes for which this business following FAR 6.302–2 or FAR Subpart these contracts. With a transparent view
information is used, includes but is not 18.2. of Federal spending, analyses may be
limited to the following: (4) Including a code to identify the conducted to structure procurements
• Decisions on organization structure. source of funds being used to procure strategically and save taxpayer dollars;
• Decisions related to staffing. needed supplies or services. Emphasis improve Governmentwide management;
• Decisions related to training. is not just on the contracting office ensure appropriate small business
• Assessments on the extent to which awarding the contract, but also on participation; and establish
awards are made to businesses in the reporting accurate funding information interoperation with other
various socio-economic categories. to include the funding office code of the Governmentwide data systems. This
• Assessments of the impact of customer agency for whom the contract, information will enable service-wide,
competition on the acquisition process. delivery order, or task order is issued, department-wide, or Governmentwide
(c) FPDS also provides the and submitting the correct information strategic sourcing.
following— to FPDS. Question 13: Which agencies must
• An authoritative source of Question 9: Why should the report to FPDS and why?
information; contracting officer be responsible for Executive departments and agencies
• Discipline in the reporting process; data reported to FPDS? are responsible for collecting and
• Confidence in Government The contracting officer is ultimately reporting procurement data to FPDS as
acquisition practices, and reports; and responsible for the solicitation and required by Federal Acquisition
• Standardized means for collecting award of a contract action and by virtue Regulations (FAR).
contract data. of that responsibility, the contracting In addition, the recent passage of The
Question 6: Does FPDS contain non- officer is also responsible for all actions Federal Funding Accountability and
procurement data? If so, do we use these through close-out of the contract. The Transparency Act of 2006 has
contracts in our statistics? CAR is a part of the contract file established that all officials who make
It is true several agencies have used documentation and as such, its accurate Federal awards of any type have a duty
FPDS to account for other types of and timely completion rests with the to report their activities to the public.
awards that were not FAR based contracting officer. Therefore, reporting procurement data
contracts. Once these actions are Question 10: How will contract applies to the entire United States
identified, the Government subtracts the specialists or other acquisition staff be Government.
dollars and actions from the total of affected by the enhancement to FPDS? As previously stated, all levels of the
FAR based actions prior to calculating The enhancements will provide for Government use the reported data.
totals or establishing goals. data collection to be more automated. Question 14: What is the FPDS
Question 7: Why should FPDS collect Where data collection is not automated, Express Reporting Application?
non-FAR based actions? contracting officers will be required to FPDS’s Express Reporting Application
Many agencies are already collecting approve or validate fewer elements. allows users to report a single record for
other business data that is non-FAR Overall, the enhancements will facilitate a single vendor for multiple contract
based. In the future, FPDS will be able better accuracy. actions.
to accurately discern what is FAR based Question 11: Why is there an Question 15: Will agencies be able to
and non-FAR based actions. Agencies emphasis on Indefinite Delivery see their data just like the public can see
that desire internal business information Vehicles (IDV) in FPDS? it?
and have a bona fide need for this IDV’s provide agencies with a Yes. FPDS will provide the official
information can request a modification simplified process for obtaining Federal reports as well as several
to FPDS. In these cases, the business commonly used commercial supplies workload reports designed specifically
data may or may not be accessible to the and services at prices associated with for first-line supervisors and contract
public. volume buying. They are emphasized managers.
Question 8: What additional because of their increased use in every The use of Federal reports will
responsibilities will contracting officers agency and in interagency contracting. alleviate the need for individual
have as a result of the FPDS Question 12: What needs are satisfied agencies to collect, verify, and distribute
enhancements? by making procurement data publicly statistics for a host of requirements such
Contracting officers will have the accessible in FPDS? as the Small Business Goaling Report
following additional responsibilities: Making procurement data publicly (SBGR), the Performance-Based
a. The submission and accuracy of the accessible provides the public— Acquisition (PBA) report, and the
individual contract action report (CAR), a. Important information about Resource Conservation and Recovery
and validating the CAR prior to acquisitions awarded by the Federal Act (RCRA) Report just to name a few.
transmittal of the data. Government; Question 16: Does FPDS contain
b. The review of their own CAR b. The ability to fully understand how contract data from non-FAR agencies?
information as well as all FPDS tax dollars are spent; Some agencies which are not subject
information created by subordinates c. An understanding where and how to the FAR may be required by other
within their organization. competition is conducted; and authority, statute, or at the Office of
(1) Whenever a contract writing d. Information on where and with Management and Budget’s direction to
system is integrated with FPDS, whom business opportunities exist. report non-FAR based contract action
confirming the CAR for accuracy prior Additionally, collecting data about data into FPDS. For example, the
to release of the contract award. Government procurements provides a Federal Funding Accountability and
mstockstill on PROD1PC66 with RULES3

(2) Ensuring that the CAR is broad picture of the overall Federal Transparency Act of 2006 requires a
submitted within 3 business days after acquisition process. Having the ability searchable website that provides public
contract award whenever an automated to look at Federal contracts across many access to information about Federal
contract writing system is not used. agencies, in greater detail, is a key expenditures.
(3) Ensuring that the CAR is ingredient to establishing trust in our This is not a significant regulatory
submitted to FPDS within 30 days after Government and credibility in the action and, therefore, was not subject to

VerDate Aug<31>2005 16:41 Apr 21, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\22APR3.SGM 22APR3
21776 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations

review under Section 6(b) of Executive Dated: April 4, 2008. 4.600 Scope of subpart.
Order 12866, Regulatory Planning and Al Matera, This subpart prescribes uniform
Review, dated September 30, 1993. This Director, Office of Acquisition Policy. reporting requirements for the Federal
rule is not a major rule under 5 U.S.C. ■ Therefore, DoD, GSA, and NASA Procurement Data System (FPDS).
804. amend 48 CFR parts 1, 2, 4, 12, and 52 4.601 Definitions.
C. Regulatory Flexibility Act as set forth below:
■ 1. The authority citation for 48 CFR
As used in this subpart—
parts 1, 2, 4, 12, and 52 continues to Assisted acquisition means a contract,
The interim rule is not expected to delivery or task order awarded by a
have a significant economic impact on read as follows:
servicing agency on behalf of a
a substantial number of small entities Authority: 40 U.S.C. 121(c); 10 U.S.C. requesting agency. The agency
within the meaning of the Regulatory chapter 137; and 42 U.S.C. 2473(c). providing the assistance may also
Flexibility Act, 5 U.S.C. 601, et seq., administer the contract action.
PART 1—FEDERAL ACQUISITION
because contract reporting is not Contract action means any oral or
REGULATIONS SYSTEM
accomplished by the vendor written action that results in the
community, only by Government 1.106 [Amended] purchase, rent, or lease of supplies or
contracting entities. Therefore, an Initial ■ 2. Amend section 1.106 in the table equipment, services, or construction
Regulatory Flexibility Analysis has not following the introductory paragraph by using appropriated dollars over the
been performed. The Councils will removing FAR segments ‘‘4.602’’ and micro-purchase threshold, or
consider comments from small entities ‘‘4.603’’ and adding ‘‘4.605’’ and modifications to these actions regardless
concerning the affected FAR Parts 1, 2, ‘‘4.607’’ in their place, respectively. of dollar value. Contract action does not
4, 12, and 52 in accordance with 5 include grants, cooperative agreements,
U.S.C. 610. Interested parties must PART 2—DEFINITIONS OF WORDS other transactions, real property leases,
submit such comments separately and AND TERMS requisitions from Federal stock, training
should cite 5 U.S.C 601, et seq. (FAC authorizations, or other non-FAR based
■ 3. Amend section 2.101 in paragraph
2005–25, FAR case 2004–038), in transactions.
(b)(2) by adding, in alphabetical order,
Contract action report (CAR) means
correspondence. the definition ‘‘Chief Acquisition
contract action data required to be
Officer’’; and revising the definition
D. Paperwork Reduction Act entered into the Federal Procurement
‘‘Data Universal Numbering System
Data System (FPDS).
The Paperwork Reduction Act does (DUNS) number’’ to read as follows: Definitive contract means any contract
not apply because the changes to the 2.101 Definitions. that must be reported to FPDS other
FAR do not impose information * * * * * than an indefinite delivery vehicle. This
collection requirements that require the (b) * * * definition is only for FPDS, and is not
approval of the Office of Management (2) * * * intended to apply to Part 16.
and Budget under 44 U.S.C. 3501, et * * * * * Direct acquisition means an order
seq. Chief Acquisition Officer means an awarded directly by the requesting
executive level acquisition official agency against the servicing agency’s
E. Determination to Issue an Interim contract. In a direct acquisition, the
Rule responsible for agency performance of
acquisition activities and acquisition servicing agency awards and
A determination has been made under programs created pursuant to the administers the contract but does not
Services Acquisition Reform Act of participate in the placement of an order.
the authority of the Secretary of Defense
2003, Section 1421 of Public Law 108– Entitlement program means a Federal
(DoD), the Administrator of General program that guarantees a certain level
Services (GSA), and the Administrator 136.
of benefits to persons or other entities
of the National Aeronautics and Space * * * * * who meet requirements set by law, such
Administration (NASA) that urgent and Data Universal Numbering System
as Social Security, farm price supports,
compelling reasons exist to promulgate (DUNS) number means the 9–digit
or unemployment benefits.
this interim rule without prior number assigned by Dun and Bradstreet,
Generic DUNS number means a
opportunity for public comment. This Inc. (D&B), to identify unique business
DUNS number assigned to a category of
action is necessary because the entities, which is used as the
vendors not specific to any individual
applicable procedures in the rule are identification number for Federal
or entity.
necessary to inform Federal agencies contractors. Indefinite delivery vehicle (IDV)
and the public when and how Federal * * * * * means an indefinite delivery contract
procurement data must be reported. The that has one or more of the following
PART 4—ADMINISTRATIVE MATTERS clauses:
action is not expected to have any
impact on the vendor community. ■ 4. Revise Subpart 4.6 to read as (1) 52.216–18, Ordering.
However, pursuant to Pub. L. 98–577 follows: (2) 52.216–19, Order Limitations.
and FAR 1.501, the Councils will (3) 52.216–20, Definite Quantity.
consider public comments received in Subpart 4.6—Contract Reporting (4) 52.216–21, Requirements.
(5) 52.216–22, Indefinite Quantity.
response to this interim rule in the Sec. (6) Any other clause allowing
formation of the final rule. 4.600 Scope of subpart. ordering.
4.601 Definitions.
mstockstill on PROD1PC66 with RULES3

List of Subjects in 48 CFR Parts 1, 2, 4, Requesting agency means the agency


4.602 General.
12, and 52 4.603 Policy. that has the requirement for an
4.604 Responsibilities. interagency acquisition.
Government procurement. 4.605 Procedures. Servicing agency means the agency
4.606 Reporting Data. that will conduct an assisted acquisition
4.607 Solicitation Provisions. on behalf of the requesting agency.

VerDate Aug<31>2005 16:41 Apr 21, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\22APR3.SGM 22APR3
Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations 21777

4.602 General. (d) Agencies exempt from the FAR are indicate the agency, followed by
(a) The FPDS provides a encouraged to report contract actions in alphanumeric characters identifying
comprehensive web-based tool for FPDS. bureaus, offices, or other administrative
agencies to report contract actions. The (e) Agencies awarding contract subdivisions. Other pertinent PIID
resulting data provides— actions with a mix of appropriated and instructions can be found at https://
(1) A basis for recurring and special nonappropriated funding shall only www.fpds.gov.
reports to the President, the Congress, report the full appropriated portion of (b) Data Universal Numbering System
the Government Accountability Office, the contract action in FPDS. (DUNS). The contracting officer must
Federal executive agencies, and the identify and report a DUNS number
4.604 Responsibilities. (Contractor Identification Number) for
general public;
(2) A means of measuring and (a) The Senior Procurement Executive the successful offeror on a contract
assessing the effect of Federal in coordination with the head of the action. The DUNS number reported
contracting on the Nation’s economy contracting activity is responsible for must identify the successful offeror’s
and the extent to which small, veteran- developing and monitoring a process to name and address as stated in the offer
owned small, service-disabled veteran- ensure timely and accurate reporting of and resultant contract, and as registered
owned small, HUBZone small, small contractual actions to FPDS. in the Central Contractor Registration
disadvantaged, women-owned small (b)(1) The responsibility for the (CCR) database in accordance with the
business concerns, and nonprofit submission and accuracy of the clause at 52.204–7, Central Contractor
agencies operating under the Javits- individual contract action report (CAR) Registration. The contracting officer
Wagner-O’Day Act, are sharing in resides with the contracting officer who must ask the offeror to provide its DUNS
Federal contracts; and awarded the contract action. number by using either the provision at
(3) A means of measuring and (2) When a contract writing system is 52.204–6, Data Universal Numbering
assessing the effect of other policy and integrated with FPDS, the CAR must be System (DUNS) Number, the clause at
management initiatives (e.g., confirmed for accuracy prior to release 52.204–7, Central Contractor
performance based acquisitions and of the contract award. Registration, or the provision at 52.212–
competition). (3) When a contract writing system is 1, Instructions to Offerors—Commercial
(b) FPDS does not provide reports for not integrated with FPDS, the CAR must Items.
certain acquisition information used in be submitted to FPDS within three (1) Notwithstanding the inclusion of
the award of a contract action (e.g., business days after contract award. the provision at 52.204–6 in the
subcontracting data, funding data, or (4) For any action awarded in associated solicitation or except as
accounting data). accordance with FAR 6.302–2 or provided in paragraph (b)(2) of this
(c) The FPDS Web site, https:// pursuant to any of the authorities listed section, the contracting officer shall use
www.fpds.gov, provides instructions for at FAR Subpart 18.2, the CAR must be one of the generic DUNS numbers
submitting data. It also provides— submitted to FPDS within 30 days after identified in CCR to report
(1) A complete list of departments, contract award. corresponding contract actions if the
agencies, and other entities that submit (5) When the contracting office contract action is—
data to the FPDS; receives written notification that a (i) With contractors located outside
(2) Technical and end-user guidance; contractor has changed its size status in the United States and its outlying areas
(3) A computer-based tutorial; and accordance with the clause at 52.219– as defined in 2.101 who do not have a
(4) Information concerning reports not 28, Post-Award Small Business Program DUNS number, and the contracting
generated in FPDS. Rerepresentation, the contracting officer officer determines it is impractical to
must submit a modification contract obtain a DUNS number;
4.603 Policy. action report to ensure that the updated (ii) With students who do not have
(a) In accordance with the Federal size status is entered in FPDS-NG. DUNS numbers;
Funding Accountability and (c) The chief acquisition officer of (iii) With dependents of veterans,
Transparency Act of 2006 (Pub. L. No. each agency required to report its Foreign Service Officers, and military
109–282), all Federal award data must contract actions must submit to the members assigned overseas who do not
be publicly accessible. General Services Administration (GSA), have DUNS numbers; or
(b) Except as provided in 4.606(a)(2), in accordance with FPDS guidance, by (iv) For classified or national security.
executive agencies shall use FPDS to January 5, an annual certification of (2) In accordance with agency
maintain publicly available information whether, and to what degree, agency procedures, authorized generic DUNS
about all contract actions exceeding the CAR data for the preceding fiscal year numbers found at https://www.fpds.gov
micro-purchase threshold, and any is complete and accurate. may be used to report contract actions
modifications to those actions that when—
change previously reported contract 4.605 Procedures.
(i) Specific public identification of the
action report data, regardless of dollar (a) Procurement Instrument Identifier contracted party could endanger the
value. (PIID). Agencies must have in place a mission, contractor, or recipients of the
(c) Agencies awarding assisted process that ensures that each PIID acquired goods or services; or
acquisitions or direct acquisitions must reported to FPDS is unique, (ii) The agency determines it is
report these actions and identify the Governmentwide, and will remain so for impractical to obtain a DUNS number.
Funding Agency Code from the at least 20 years from the date of
applicable agency codes maintained by contract award. Agencies must submit 4.606 Reporting Data.
the National Institute of Standards and their proposed identifier format to the (a) Actions required to be reported to
mstockstill on PROD1PC66 with RULES3

Technology (NIST) using NIST Special FPDS Program Management Office, FPDS. (1) As a minimum, agencies must
Publication 800–87, ‘‘Codes for the which maintains a registry of the agency report the following contract actions
Identification of Federal and Federally unique identifiers on the FPDS website, over the micro-purchase threshold,
Assisted Organizations,’’ at http:// and must validate their use in all regardless of solicitation process used,
csrc.nist.gov/publications/nistpubs/800– transactions. The PIID shall consist of and agencies must report any
87/sp800–87–Final.pdf. alpha characters in the first positions to modification to these contract actions

VerDate Aug<31>2005 16:41 Apr 21, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\22APR3.SGM 22APR3
21778 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations

that change previously reported contract (7) Grants and entitlement actions. PART 52—SOLICITATION PROVISIONS
action data, regardless of dollar value: (8) Interagency agreements, also AND CONTRACT CLAUSES
(i) Definitive contracts, including known as interservice level agreements,
purchase orders and imprest fund buys 52.204–5 [Amended]
memoranda of understanding, or
over the micro-purchase threshold memoranda of agreement. ■ 7. Amend section 52.204–5 by
awarded by a contracting officer. (9) Letters of obligation used in the A– removing from the introductory text
(ii) Indefinite delivery vehicle 76 process. ‘‘4.603(b)’’ and adding ‘‘4.607(b)’’ in its
(identified as an ‘‘IDV’’ in FPDS). place.
(c) Actions not reported. The
Examples of IDVs include the following: ■ 8. Amend section 52.204–6 by—
following types of contract actions are ■ a. Removing from the introductory
(A) Task and Delivery Order Contracts
not to be reported to FPDS: text ‘‘4.603(a)’’ and adding ‘‘4.607(a)’’ in
(see Subpart 16.5), including—
(1) Government-wide acquisition (1) Imprest fund transactions below its place;
contracts. the micro-purchase threshold, including ■ b. Revising the date of the provision;
(2) Multi-agency contracts. those made via the Government ■ c. Removing from paragraph (a) the
(B) GSA Federal supply schedules. purchase card (unless specific agency word ‘‘parent’’;
(C) Blanket Purchase Agreements (see procedures prescribe reporting these ■ d. Revising paragraph (b)(1)(i); and
13.303). actions). ■ e. Adding a sentence to the end of
(D) Basic Ordering Agreements (see (2) Orders from GSA stock and the paragraph (b)(1)(ii).
16.703). GSA Global Supply Program. The revised and added text reads as
(E) Any other agreement or contract (3) Purchases made at GSA or JWOD follows:
against which individual orders or service stores, as these items stocked for
purchases may be placed. 52.204–6 Data Universal Numbering
resale have already been reported by
System (DUNS) Number.
(iii) All calls and orders awarded GSA.
under the indefinite delivery vehicles * * * * *
(4) Purchases made using non- DATA UNIVERSAL NUMBERING
identified in paragraph (a)(1)(ii) of this appropriated fund activity cards, SYSTEM (DUNS) NUMBER (APR 2008)
section. chaplain fund cards, individual
(2) Agencies participating in the * * * * *
Government personnel training orders, (b) * * *
Small Business Competitiveness and Defense Printing orders.
Demonstration Program (see Subpart (1) * * *
(d) Agencies not subject to the FAR (i) Via the Internet at http://
19.10) shall report as a contract action may be required by other authority (e.g., fedgov.dnb.com/webform or if the offeror
each award in the designated industry statute or OMB) to report certain does not have internet access, it may call Dun
groups, regardless of dollar value. information to FPDS. and Bradstreet at 1–866–705–5711 if located
(3) The GSA Office of Charge Card within the United States; or
Management will provide the 4.607 Solicitation Provisions. (ii) * * * The offeror should indicate that
Government purchase card data, at a (a) Insert the provision at 52.204–6, it is an offeror for a U.S. Government contract
minimum annually, and GSA will when contacting the local Dun and Bradstreet
Data Universal Numbering System office.
incorporate that data into FPDS for (DUNS) Number, in solicitations that—
reports. * * * * *
(1) Are expected to result in a
(4) Agencies may use the FPDS (End of provision)
requirement for the generation of a CAR ■ 9. Amend section 52.204–7 by—
Express Reporting capability for
(see 4.606(a)(1)); and ■ a. Revising the date of the clause;
consolidated multiple action reports for
a vendor when it would be overly (2) Do not contain the clause at ■ b. In paragraph (a), in the definition
burdensome to report each action 52.204–7, Central Contractor ‘‘Data Universal Numbering System +4
individually. When used, Express Registration. (DUNS+4) number’’, by removing the
Reporting should be done at least (b) Insert the provision at 52.204–5, word ‘‘parent’’;
monthly. Women-Owned Business (Other Than ■ c. Revising paragraph (c)(1)(i); and
(b) Reporting Other Actions. Agencies Small Business), in all solicitations ■ d. Adding a sentence to the end of
may submit actions other than those that— paragraph (c)(1)(ii).
listed at paragraph (a)(1) of this section, (1) Are not set aside for small The revised and added text reads as
and must contact the FPDS Program business concerns; follows:
Office at integrated.acquisition@gsa.gov (2) Exceed the simplified acquisition
52.204–7 Central Contractor Registration.
if they desire to submit any of the threshold; and
following types of activity: (3) Are for contracts that will be * * * * *
(1) Transactions at or below the CENTRAL CONTRACTOR
performed in the United States or its REGISTRATION (APR 2008)
micro-purchase threshold, except as outlying areas.
provided in paragraph (a)(2) of this * * * * *
section. 4.805 [Amended] (c) * * *
(1) * * *
(2) Any non-appropriated fund (NAF) ■ 5. Amend section 4.805 in paragraph (i) Via the Internet at http://
or NAF portion of a contract action (b)(9) by removing ‘‘4.601’’ and adding fedgov.dnb.com/webform or if the offeror
using a mix of appropriated and ‘‘4.603’’ in its place. does not have internet access, it may call Dun
nonappropriated funding. and Bradstreet at 1–866–705–5711 if located
(3) Lease and supplemental lease PART 12—ACQUISITION OF within the United States; or
agreements for real property. COMMERCIAL ITEMS (ii) * * * The offeror should indicate that
mstockstill on PROD1PC66 with RULES3

(4) Resale activity (i.e., commissary or it is an offeror for a U.S. Government contract
exchange activity). 12.301 [Amended] when contacting the local Dun and Bradstreet
(5) Revenue generating arrangements ■ 6. Amend section 12.301 in paragraph office.
(i.e., concessions). (b)(2) by removing the words ‘‘that are * * * * *
(6) Training expenditures not issued expected to exceed the threshold at (End of clause)
as orders or contracts. 4.601(a)’’. ■ 10. Amend section 52.212–1 by—

VerDate Aug<31>2005 16:41 Apr 21, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\22APR3.SGM 22APR3
Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations 21779

■ a. Revising the date of the provision; ADDRESSES: Submit comments and 53 and, where appropriate,
and identified by FAC 2005–25, FAR case replacing them with eSRS.
■ b. In paragraph (j), by removing the 2005–040, by any of the following • Incorporating general instructions
word ‘‘parent’’; removing ‘‘http:// methods: from Standard Forms 294 and 295 into
www.dnb.com’’ and adding ‘‘http:// • Regulations.gov: http:// the clause at FAR 52.219–9. The
fedgov.dnb.com/webform’’ in its place; www.regulations.gov.Submit comments language in FAR 52.219–9 differs from
and adding a sentence to the end of the via the Federal eRulemaking portal by the SF 295 general instruction for
paragraph to read as follows: inputting ‘‘FAR Case 2005–040’’ under submitting summary subcontract reports
the heading ‘‘Comment or Submission’’. on contracts awarded by the National
52.212–1 Instructions to Offerors— Select the link ‘‘Send a Comment or Aeronautics and Space Administration
Commercial Items.
Submission’’ that corresponds with FAR (NASA) in that the clause requires that
* * * * * Case 2005–040. Follow the instructions the reports be submitted semiannually,
INSTRUCTIONS TO OFFERORS— provided to complete the ‘‘Public rather than annually. This change
COMMERCIAL ITEMS (APR 2008) Comment and Submission Form’’. reflects what NASA currently requires
* * * * * Please include your name, company under its own regulations and does not
(j) * * * The offeror should indicate that name (if any), and ‘‘FAR Case 2005– impose a new burden on contractors.
it is an offeror for a Government contract 040’’ on your attached document. • Adding a requirement that a
when contacting the local Dun and Bradstreet • Fax: 202–501–4067. contractor provide its prime contract
office. • Mail: General Services number and DUNS number to its
* * * * * Administration, Regulatory Secretariat subcontractors with subcontracting
(End of provision) (VPR), 1800 F Street, NW, Room 4035, plans and require that each of its
[FR Doc. E8–8447 Filed 4–21–08; 8:45 am] ATTN: Diedra Wingate, Washington, DC subcontractors with a subcontracting
BILLING CODE 6820–EP–S 20405. plan provide the prime contract number
Instructions: Please submit comments and its own DUNS number to its
only and cite FAC 2005–25, FAR case subcontractors with subcontracting
DEPARTMENT OF DEFENSE 2005–040, in all correspondence related plans. This is necessary in order for the
to this case. All comments received will Government to have insight into all of
GENERAL SERVICES be posted without change to http:// the subcontracting done under a prime
ADMINISTRATION www.regulations.gov, including any contract. Access to this information will
personal and/or business confidential enable the Government to more
NATIONAL AERONAUTICS AND information provided. effectively manage the small business
SPACE ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Ms. subcontracting program.
Rhonda Cundiff, Procurement Analyst, • Identifying what individuals/
48 CFR Parts 1, 4, 19, 52, and 53 at (202) 501–0044 for clarification of entities are responsible for
[FAC 2005–25; FAR Case 2005–040; Item content. Please cite FAC 2005–25, FAR acknowledging that a report has been
II; Docket 2008–0001, Sequence 01] case 2005–040. For information received or rejecting the report if it has
pertaining to status or publication not been adequately completed.
RIN 9000–AK95
schedules, contact the FAR Secretariat • Revising FAR 52.219–9 to reflect
Federal Acquisition Regulation; FAR at (202) 501–4755. use of the Year-End Supplementary
Case 2005–040, Electronic SUPPLEMENTARY INFORMATION: Report for Small Disadvantaged
Subcontracting Reporting System Businesses in eSRS to provide the
A. Background information, already required by the
(eSRS)
This interim rule amends the Federal clause, on subcontract awards to Small
AGENCIES: Department of Defense (DoD), Acquisition Regulation to require that Disadvantaged Businesses. Currently,
General Services Administration (GSA), small business subcontract reports be the clause requires that the information
and National Aeronautics and Space submitted using the Electronic be submitted along with the year-end
Administration (NASA). Subcontracting Reporting System Summary Subcontract Report. The
ACTION: Interim rule with request for (eSRS), rather than Standard Form 294 interim rule provides for a 90-day
comments. - Subcontract Report for Individual extension beyond the date when the
Contracts and Standard Form 295 - year-end Summary Subcontract Report
SUMMARY: The Civilian Agency Summary Subcontract Report. The eSRS is submitted.
Acquisition Council and the Defense is a web-based system managed by the • Revising FAR 52.219–25 to allow
Acquisition Regulations Council Integrated Acquisition Environment. the report currently required by that
(Councils) have agreed on an interim The eSRS is intended to streamline the clause to be submitted using the Small
rule amending the Federal Acquisition small business subcontracting program Disadvantaged Business Participation
Regulation (FAR) to require that small reporting process and provide the data Report in eSRS, or continuing to use
business subcontract reports be to agencies in a manner that will enable either the Optional Form 312 or the
submitted using the Electronic them to more effectively manage the contractor’s format.
Subcontracting Reporting System program. 2. Makes revisions to clarify that—
(eSRS), rather than Standard Form (SF) This rule implements in the FAR the • A contractor should have only one
294 - Subcontract Report for Individual use of eSRS to fulfill small business commercial plan in place at a time.
Contracts and Standard Form 295 - subcontracting reporting requirements. • A contract may have only one
Summary Subcontract Report. It further amends FAR 19.7 and related subcontracting plan. When a
mstockstill on PROD1PC66 with RULES3

DATES: Effective Date: April 22, 2008. clauses to clarify existing small business modification is issued that would
Comment Date: Interested parties subcontracting program requirements. require a subcontracting plan, if the
should submit written comments to the The interim rule: contract already has a subcontracting
FAR Secretariat on or before June 23, 1. Implements the use of eSRS by— plan, that plan should be revised to
2008 to be considered in the • Deleting references to Standard incorporate the goals associated with
formulation of a final rule. Forms 294 and 295 from Parts 1, 19, 52, the modification. A separate

VerDate Aug<31>2005 16:41 Apr 21, 2008 Jkt 214001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\22APR3.SGM 22APR3

You might also like