[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]


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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.

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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.

* * * * *

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                                                             OMB control
                        FAR segment                              No.    
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                *        *        *          *          *               
4.602......................................................    9000-0145
4.603......................................................    9000-0145
                                                                        
                *        *        *          *          *               
52.204-6...................................................    9000-0145
                                                                        
                *        *        *          *          *               
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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 
[email protected].

(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 
[email protected].

(End of provision)

[FR Doc. 98-4292 Filed 2-20-98; 8:45 am]
BILLING CODE 6820-EP-P