[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Rules and Regulations]
[Pages 15316-15318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8417]


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DEPARTMENT OF DEFENSE

48 CFR Parts 204, 212, and 252

[DFARS Case 97-D005]


Defense Federal Acquisition Regulation Supplement; Central 
Contractor Registration

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: The Director of Defense Procurement has issued a final rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to require contractor registration in the DoD Central Contractor 
Registration database prior to award of any contract, basic agreement, 
basic ordering agreement, or blanket purchase agreement, unless the 
award results from a solicitation issued on or before May 31, 1998. 
This rule more efficiently implements the Debt Collection Improvement 
Act of 1996.

EFFECTIVE DATE: March 31, 1998.

FOR FURTHER INFORMATION CONTACT:
Ms Sandra G. Haberlin, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0131; telefax 
(703) 602-0350. Please cite DFARS Case 97-D005.

SUPPLEMENTARY INFORMATION:

A. Background

    The President's Management Council's Electronic Processes 
Initiatives Committee recently issued a strategic plan for electronic 
Federal purchasing and payment. The plan identifies three options 
currently available to agencies for collecting and managing contractor 
information: (1) Through a central registry, in which contractors could 
centrally provide information for multiple contracts; (2) through 
financial intermediaries (networks), that could collect and maintain 
information on network members; and (3) on a contract-by-contract 
basis. At this time, DoD has elected to use a Central Contractor 
Registration (CCR) database to collect and manage contractor 
information--including taxpayer identification numbers (TINs) and 
electronic funds transfer (EFT) information required by the Debt 
Collection Improvement Act of 1996 (Pub. L. 104-134). Recognizing that 
technology and the marketplace are dynamic, DoD will continue to assess 
its registration policy in light of changes in market conditions and 
advances in technology.
    This final rule requires contractor registration in a DoD CCR 
database prior to award of a contract, basic agreement, basic ordering 
agreement, or blanket purchase agreement, unless the award results from 
a solicitation issued on or before May 31, 1998. The rule requires that 
contractors register on a one-time basis, and confirm on an annual 
basis that their CCR registration is accurate and complete. The 
objectives of this rule are (1) to more efficiently comply with Public 
Law 104-134 by using a central DoD repository to collect statutorily 
required TINs and EFT information; (2) to simplify and streamline 
procurement by presenting ``one DoD face to industry,'' and, thereby, 
eliminate duplicate requirements and processes; and (3) to increase 
visibility of vendor sources for specific supplies and services.
    A proposed rule was published in the Federal Register on September 
15, 1997 (62 FR 48200). All comments received in response to the 
proposed rule were considered in the development of the final rule. The 
final rule differs from the proposed rule in that it (1) revises the 
date after which prospective contractors must be registered in the CCR 
database, from March 31, 1998, to May 31, 1998; (2) adds paragraph 
204.7303(d) to require the contracting officer to transmit either the 
Commercial and Government Entity code or the Data Universal Numbering 
System number to the payment office; and (3) makes editorial changes 
for clarification.

B. Regulatory Flexibility Act

    A Final Regulatory Flexibility Analysis (FRFA) has been performed. 
The analysis is summarized as follows:
    This final rule requires contractors to register in the CCR 
database by providing certain business information, including TINs and 
EFT information required by the Debt Collection Improvement Act of 1996 
(Pub. L. 104-134). Subsequent to the initial registration, contractors 
will only be required to confirm on an annual basis that their CCR 
registration is accurate and complete. All small entities will be 
subject to the rule unless their contract or agreement falls within one 
of the five exceptions cited in DFARS 204.7302.
    An issue raised by one respondent was that the rule will delay the 
award of contracts to small business vendors that are unaware of the 
CCR requirements. It is unlikely that a prospective awardee will be 
unaware of the registration requirement at the time of contract award 
since the clause requiring CCR registration will be included in 
solicitations issued after May 31, 1998. In addition, since the goal of 
DoD is to process each vendor's registration application within 48 
hours after receipt, it is unlikely that the registration requirement 
of the rule will delay a significant number of contract awards.
    The one significant alternative that was considered was to exclude 
small entities from the requirements of this rule. The requirements of 
Public Law 104-134 would still be accomplished by existing regulations. 
The conclusion was that this alternative, while fulfilling the 
objective of Public Law 104-134, does not minimize the economic impact 
on small entities since existing regulations require a contractor to 
submit, for every contract, the same information to various contracting 
or payment offices.
    Since this final rule eliminates certain redundant requirements, 
and their resulting administrative burdens, this alternative of 
excluding small entities from the requirements of this rule was 
rejected.
    A copy of the FRFA may be obtained from the Defense Acquisition 
Regulations Council, PDUSD (A&T) DP (DAR), 3062 Defense Pentagon, 
Washington, DC 20301-3062. Please cite DFARS Case 97-D005 in all 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. 3501 et seq.) applies, 
because the

[[Page 15317]]

final rule contains information collection requirements. On November 
20, 1997, the Office of Management and Budget (OMB) approved the 
collection requirements under OMB Control No. 0704-0400, which expires 
on November 30, 2000.

List of Subjects in 48 CFR Part 204, 212, and 252

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
    Therefore, 48 CFR Parts 204, 212, and 252 are amended as follows:
    1. The authority citation for 48 CFR Parts 204, 212, and 252 
continues to read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 204--ADMINISTRATIVE MATTERS

    2. Subpart 204.73 is added to read as follows:

Subpart 204.73--Central Contractor Registration

Sec.
204.7300  Scope.
204.7301  Definitions.
204.7302  Policy.
204.7303  Procedures.
204.7304  Contract clause.

Subpart 204.73--Central Contractor Registration


204.7300  Scope.

    This subpart prescribes policies and procedures for requiring 
contractor registration in the DoD Central Contractor Registration 
(CCR) database to comply with the Debt Collection Improvement Act of 
1996 (31 U.S.C. 3332; 31 U.S.C. 7701), and to increase visibility of 
vendor sources for specific supplies and services and their 
geographical locations.


204.7301  Definitions.

    Central Contractor Registration (CCR) database, Data Universal 
Numbering System (DUNS) number, Data Universal Numbering System+4 
(DUNS+4) number, and Registered in the CCR database are defined in the 
clause at 252.204-7004, Required Central Contractor Registration.


204.7302  Policy.

    After May 31, 1998, prospective contractors must be registered in 
the CCR database, prior to award of a contract, basic agreement, basic 
ordering agreement, or blanket purchase agreement, unless the award 
results from a solicitation issued on or before May 31, 1998. This 
policy applies to all types of awards except the following:
    (a) Purchases made with a Governmentwide commercial purchase card.
    (b) Awards made to foreign vendors for work performed outside the 
United States.
    (c) Classified contracts or purchases (see FAR 4.401).
    (d) Contracts awarded by deployed contracting officers in the 
course of military operations, including, but not limited to, 
contingency operations as defined in 10 U.S.C. 101(a)(13), or contracts 
awarded by contracting officers in the conduct of emergency operations, 
such as responses to natural disasters or national or civil 
emergencies.
    (e) Purchases to support unusual or compelling needs of the type 
described in FAR 6.302-2.


204.7303  Procedures.

    (a)(1) Except as provided in 204.7302, the contracting officer 
shall require each offeror to provide a DUNS or, if applicable, a 
DUNS+4 number, with its verbal or written offer, regardless of the 
dollar amount of the offer.
    (2) Prior to making an award of any contract, basic agreement, 
basic ordering agreement, or blanket purchase agreement after May 31, 
1998, unless the award results from a solicitation issued on or before 
May 31, 1998, the contracting officer shall verify that the prospective 
awardee is registered in the CCR database (but see paragraph (b) of 
this section). The contracting officer may verify registration using 
the DUNS number or, if applicable, the DUNS+4 number, by calling toll 
free: 1-800-841-4431, commercial: 1-616-961-5757, or Defense Switched 
Network (DSN): 932-5757; via the Internet at http://ccr.edi,disa.mil/
ccr/cgi-bin status.pi; or as otherwise provided by agency procedures.
    (3) Verification of registration is not required for orders or 
calls placed under contracts, basic agreements, basic ordering 
agreements, or blanket purchase agreements.
    (4) After May 31, 1998, as part of the annual review of basic 
agreements, basic ordering agreements, and blanket purchase agreements, 
contracting officers shall modify these agreements to incorporate the 
clause at 225.2204-7004, Required Central Contractor Registration.
    (b) If the contracting officer determines that a prospective 
awardee is not registered in the CCR database, the contracting officer 
shall--
    (1) If the needs of the requiring activity allow for a delay, 
proceed to award after the contractor is registered; or
    (2) If the needs of the requiring activity do not allow for a 
delay, proceed to award to the next otherwise successful registered 
offeror, provided that written approval is obtained at one level above 
the contracting officer.
    (c) Agencies shall protect against improper disclosure of 
contractor CCR information.
    (d) The contracting officer, shall, on contractual documents 
transmitted to the payment office, provide either the Commercial and 
Government Entity code or the DUNS number in accordance with agency 
procedures.


204.7304  Contract clause.

    Except as provided in 204.7302, use the clause at 252.204-7004, 
Required Central Contractor Registration, in--
    (a) Solicitations issued after May 31, 1998;
    (b) Contracts resulting from solicitations issued after May 31, 
1998; and
    (c) Basic agreements, basic ordering agreements, and blanket 
purchase agreements issued after May 31, 1998, unless they resulted 
from solicitations issued on or before May 31, 1998.

PART 212--ACQUISITION OF COMMERCIAL ITEMS

    3. Section 212.301 is amended by adding paragraph (f)(iv) to read 
as follows:


Sec. 212.301  Solicitation provisions and contract clauses for the 
acquisition of commercial items.

    (f) * * *
    (iv) Use the clause at 252.204-7004, Required Central Contractor 
Registration, as prescribed in 204.7304.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    4. Section 252.204-7004 is added to read as follows:


252.204-7004  Required Central Contractor Registration.

    As prescribed in 204.7304, use the following clause:

Required Central Contractor Registration (Mar. 1998)

    (a) Definitions.
    As used in this clause--
    (1) Central Contractor Registration (CCR database means the 
primary DoD repository for contractor information required for the 
conduct of business with DoD.
    (2) Data Universal Numbering System (DUNS) number means the 9-
digit number assigned by Dun and Bradstreet Information Services to 
identify unique business entities.

[[Page 15318]]

    (3) Data Universal Numbering System +4 (DUNS+4) number means the 
DUNS number assigned by Dun and Bradstreet plus a 4-digit suffix 
that may be assigned by a parent (controlling) business concern. 
This 4-digit suffix may be assigned at the discretion of the parent 
business concern for such purposes as identifying subunits or 
affiliates of the parent business concern.
    (4) Registered in the CCR database means that all mandatory 
information, including the DUNS number or the DUNS+4 number, if 
applicable, and the corresponding Commercial and Government Entity 
(CAGE) code, is in the CCR database; the DUNS number and the CAGE 
code have been validated; and all edits have been successfully 
completed.
    (b)(1) By submission of an offer, the offeror acknowledges the 
requirement that a prospective awardee must be registered in the CCR 
database prior to award, during performance, and through final 
payment of any contract resulting from this solicitation, except for 
awards to foreign vendors for work to be performed outside the 
United States.
    (2) The offeror shall provide its DUNS or, if applicable, its 
DUNS+4 number with its offer, which will be used by the Contracting 
Officer to verify that the offeror is registered in the CCR 
database.
    (3) Lack of registration in the CCR database will make an 
offeror ineligible for award.
    (4) DoD has established a goal of registering an applicant in 
the CCR database within 48 hours after receipt of a complete and 
accurate application via the Internet. However, registration of an 
applicant submitting an application through a method other than the 
Internet may take up to 30 days. Therefore, offerors that are not 
registered should consider applying for registration immediately 
upon receipt of this solicitation.
    (c) The Contractor is responsible for the accuracy and 
completeness of the data within the CCR, and for any liability 
resulting from the Government's reliance on inaccurate or incomplete 
data. To remain registered in the CCR database after the initial 
registration, the Contractor is required to confirm on an annual 
basis that its information in the CCR database is accurate and 
complete.
    (d) Offerors and contractors may obtain information on 
registration and annual confirmation requirements by calling 1-888-
227-2423, or via the Internet at http://ccr.edi.disa.mil.

(End of clause)

[FR Doc. 98-8417 Filed 3-30-98; 8:45 am]
BILLING CODE 5000-04-M