[Federal Register Volume 68, Number 64 (Thursday, April 3, 2003)]
[Proposed Rules]
[Pages 16366-16371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7928]



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Part III





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Part 2, et al.



Federal Acquisition Regulation; Central Contractor Registration; 
Proposed Rule

  Federal Register / Vol. 68, No. 64 / Thursday, April 3, 2003 / 
Proposed Rules  

[[Page 16366]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 2, et al.

[FAR Case 2002-018]
RIN 9000-AJ61


Federal Acquisition Regulation; Central Contractor Registration

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to require contractor registration 
in the Central Contractor Registration (CCR) database prior to award of 
any contract, basic agreement, basic ordering agreement, or blanket 
purchase agreement. In addition, the rule requires contracting officers 
to modify existing contracts whose period of performance extends beyond 
September 30, 2003, to require contractors to register in the CCR 
database by September 30, 2003. The rule also revises the source list 
of supplies at FAR 13.102 to reflect statutory changes in 15 U.S.C. 
644(g).

DATES: Interested parties should submit comments in writing on or 
before June 2, 2003, to be considered in the formulation of a final 
rule.

ADDRESSES: Submit written comments to--General Services Administration, 
FAR Secretariat (MVA), 1800 F Street, NW., Room 4035, ATTN: Laurie 
Duarte, Washington, DC 20405.
    Submit electronic comments via the Internet to--farcase.2002-
[email protected]. Please submit comments only and cite FAR case 2002-018 in 
all correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC, 20405, at (202) 501-4755 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Linda Klein, Procurement Analyst, at (202) 501-3775. 
Please cite FAR case 2002-018.

SUPPLEMENTARY INFORMATION:

A. Background

    This rule proposes to amend the Federal Acquisition Regulation 
(FAR) to require contractor registration in a Central Contractor 
Registration (CCR) database prior to the award of a contract, basic 
agreement, basic ordering agreement, blanket purchase agreement, and 
the modification of all existing contracts, basic agreements, basic 
ordering agreements, blanket purchase agreements, or orders by 
September 30, 2003.
    Certain agencies, e.g., DoD, currently require in their regulations 
that contractors register in the CCR database. For other agencies, 
under current FAR regulations, contractors are required to submit the 
same information to various contracting and payment offices. Under the 
proposed rule, contractors are required to provide certain business 
information, including their Taxpayer Identification Number (TINs) and 
Electronic Funds Transfer (EFT) information only once into a common 
Governmentwide data source. The Government will use this common 
Governmentwide data source to more efficiently meet the requirements of 
the Debt Collection Improvement Act of 1996 (section 31001 of Pub. L. 
104-134). This proposed rule will not create a total electronic 
commerce environment, but will help provide a basic framework or 
foundation that will allow migration to a total electronic commerce 
environment. There are other projects that are completed (FedBizOpps) 
or in the planning stages, which are complementary and will also become 
part of the total electronic commerce initiative.
    The ``Business Partner Network'' definition in the FAR coverage has 
been limited to contractors because the regulation is directed towards 
contractors. It should be noted that Government use of the Business 
Partner Network is broader in scope and includes contractors, grantees, 
and others.
    Also, the source list of supplies at FAR 13.102 has been revised to 
reflect statutory changes in 15 U.S.C. 644(g).
    This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The changes may 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. An Initial Regulatory 
Flexibility Analysis (IRFA) has been prepared and will be provided to 
the Chief Counsel for Advocacy for the Small Business Administration. 
The analysis is summarized as follows:

    Certain agencies, e.g., DoD, currently require in their 
regulations that contractors register in the CCR database. For other 
agencies, under current FAR regulations, contractors are required to 
submit the same information to various contracting and payment 
offices. Under the proposed rule, contractors are required to 
provide certain business information, including their Taxpayer 
Identification Number (TINs) and Electronic Funds Transfer (EFT) 
information only once into a common Governmentwide data source. The 
Government will use this common Governmentwide data source to more 
efficiently meet the requirements of the Debt Collection Improvement 
Act of 1996 (section 31001 of Pub. L. 104-134). This proposed rule 
will not create a total electronic commerce environment, but will 
help provide a basic framework or foundation that will allow 
migration to a total electronic commerce environment. There are 
other projects that are completed (FedBizOpps) or in the planning, 
which are complementary and will also become part of the total 
electronic commerce initiative.
    To date, no supporting data has been collected; therefore, there 
is no available estimate of the number of small businesses that will 
be subject to the rule. However, some agencies (e.g., DoD) already 
have this requirement and there does not appear to be any adverse 
impact on small business. Based on Federal Procurement Data System 
infor-mation, approximately, 54,199 businesses (42,675 small 
businesses, 11,524 large businesses) were awarded contracts of 
$25,000 or more in fiscal year 2001. It is estimated that a majority 
of them will be subject to the rule. Many of these businesses are 
already among the over 200,000 registrants in CCR. Information is 
not available to identify the additional number of small businesses 
that were awarded contracts of less than $25,000, or were awarded 
basic agreements, basic ordering agreements, or blanket purchase 
agreements. All small entities will be subject to the rule unless 
their contract, basic agreements, basic ordering agreements, and 
blanket purchase agreements fall within one of the five exceptions. 
Administrative or financial personnel, who have general knowledge of 
the contractor's business, including the contractor's bank account 
and financial agent, are able to register by providing the pertinent 
information into the CCR database. Existing regulations require 
contractors to submit, with each offer, or as a term of each basic 
agreement, basic ordering agreement, and blanket purchase agreement, 
the same information.

    The FAR Secretariat has submitted a copy of the IRFA to the Chief 
Counsel for Advocacy of the Small Business Administration. A copy of 
the IRFA may be obtained from the FAR Secretariat. The Councils will 
consider comments from small entities concerning the affected FAR parts 
2, 4, 13, 32, and 52 in accordance with 5 U.S.C. 610. Comments must be 
submitted separately

[[Page 16367]]

and should cite 5 U.S.C 601, et seq. (FAR case 2002-018), in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 104-13) applies because the 
proposed rule contains information collection requirements. 
Accordingly, the FAR Secretariat has submitted a request for approval 
of a new information collection requirement concerning Central 
Contractor Registration to the Office of Management and Budget under 44 
U.S.C. 3501, et seq.

Annual Reporting Burden

    The paperwork burden analysis takes into account the burden 
required for current registrants to keep the information current, 
complete and accurate and the burden required for new registrants to 
review instructions, search existing data sources, gather and maintain 
the data needed, and completing and reviewing the collection of 
information. Public reporting burden for this collection of information 
is estimated to average 1 hour per response for new and current 
registrants.
    The annual reporting burden is estimated as follows:
    Respondents: 54,199.
    Responses per respondent: 1.
    Total annual responses: 54,199.
    Preparation hours per response: 1.
    Total response burden hours: 54,199.

D. Request for Comments Regarding Paperwork Burden

    Submit comments, including suggestions for reducing this burden, 
not later than June 2, 2003, to: FAR Desk Officer, OMB, Room 10102, 
NEOB, Washington, DC 20503, and a copy to the General Services 
Administration, FAR Secretariat (MVA), 1800 F Street, NW., Room 4035, 
Washington, DC 20405.
    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the FAR, and will have practical utility; whether our 
estimate of the public burden of this collection of information is 
accurate, and based on valid assumptions and methodology; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways in which we can minimize the burden of the 
collection of information on those who are to respond, through the use 
of appropriate technological collection techniques or other forms of 
information technology.
    Requesters may obtain a copy of the justification from the General 
Services Administration, FAR Secretariat (MVA), Room 4035, Washington, 
DC 20405, telephone (202) 501-4755. Please cite OMB Control Number 
9000-00XX, Central Contractor Registration, in all correspondence.

List of Subjects in 48 CFR Parts 2, 4, 13, 32, and 52

    Government procurement.

    Dated: March 27, 2003.
Ralph J. De Stefano,
Acting Director, Acquisition Policy Division.
    Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 4, 
13, 32, and 52 as set forth below:
    1. The authority citation for 48 CFR parts 2, 4, 13, 32, and 52 
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 2--DEFINITIONS OF WORDS AND TERMS

    2. Amend section 2.101(b) by adding, in alphabetical order, the 
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'' to 
read as follows:


2.101  Definitions.

* * * * *
    (b) * * *
    Central Contractor Registration (CCR) database means the primary 
Government repository for contractor information required for the 
conduct of business with the Government.
* * * * *
    Data Universal Numbering System (DUNS) number means the 9-digit 
number assigned by Dun and Bradstreet Information Services to identify 
unique business entities.
    Data Universal Numbering System +4 (DUNS+4) number means the DUNS 
number assigned by Dun and Bradstreet plus a 4-character suffix that 
may be assigned by a business concern. This 4-character suffix may be 
assigned at the discretion of the business concern to establish 
additional CCR records for identifying alternative Electronic Funds 
Transfer (EFT) accounts (see Subpart 32.11) for the same concern.
* * * * *
    Registered in the CCR database means that--
    (1) The contractor has entered all mandatory information, including 
the DUNS number or the DUNS+4 number, into the CCR database; and
    (2) The Government has validated mandatory data fields and has 
marked the record ``Active''.
* * * * *

PART 4--ADMINISTRATIVE MATTERS

    3. Amend section 4.603 by revising paragraph (a)(1) 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--
    (i) 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; and
    (ii) Do not contain the clause at 52.204-XX, Central Contractor 
Registration.
* * * * *
    4. Add subpart 4.11 to read as follows:
Subpart 4.11--Central Contractor Registration
Sec.
4.1100 Scope.
4.1101 Definitions.
4.1102 Policy.
4.1103 Procedures.
4.1104 Solicitation provision and contract clauses.


4.1100  Scope.

    This subpart prescribes policies and procedures for requiring 
contractor registration in the Central Contractor Registration (CCR) 
database, a part of the Business Partner Network (BPN) to--
    (a) Increase visibility of vendor sources (including their 
geographical locations) for specific supplies and services; and
    (b) Establish a common source of vendor data for the Government.


4.1101  Definitions.

    As used in this subpart--
    Agreement means basic agreement, basic ordering agreement, or 
blanket purchase agreement.
    Business Partner Network means an integrated electronic 
infrastructure the Government uses to manage (i.e., collect, validate, 
access and maintain) the information it needs to transact business with 
its contractors.


4.1102  Policy.

    (a) Prospective contractors shall be registered in the CCR database 
prior to award of a contract or agreement, except for--
    (1) Purchases that use a Governmentwide commercial purchase card as 
the purchasing mechanism;

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    (2) Classified contracts or purchases (see 4.401) when registration 
in the CCR database, or use of CCR data, could compromise the 
safeguarding of classified information or national security;
    (3) Contracts awarded by--
    (i) 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 humanitarian or peacekeeping 
operations as defined in 10 U.S.C. 2302(7); or
    (ii) Contracting officers in the conduct of emergency operations, 
such as responses to natural or environmental disasters or national or 
civil emergencies, e.g., Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121);
    (4) Contracts to support unusual or compelling needs (see 6.302-2); 
and
    (5) Awards made to foreign vendors for work performed outside the 
United States, if it is impractical to obtain CCR registration before 
award.
    (b) If practical, the contracting officer shall modify the contract 
or agreement awarded under paragraph (a)(3) or (a)(4) of this section 
to required CCR registration.
    (c)(1)(i) If a contractor has legally changed its business name, 
``doing business as'' name, or division name (whichever is shown on the 
contract), or has transferred the assets used in performing the 
contract, but has not completed the necessary requirements regarding 
novation and change-of-name agreements in subpart 42.12, the contractor 
shall provide the responsible contracting officer a minimum of one 
business day's written notification of its intention to change the name 
in the CCR database; comply with the requirements of 42.12; and agree 
in writing to the timeline and procedures specified by the responsible 
contracting officer. The contractor must provide with the notification 
sufficient documentation to support the ``legally'' changed name.
    (ii) If the Contractor fails to comply with the requirements of 
paragraph (g)(1)(i) of the FAR clause at 52.204-XX, CCR, or fails to 
perform the agreement at FAR 52.204-XX(g)(1)(i)(3), and, in the absence 
of a properly executed novation or change-of-name agreement, the CCR 
information that shows the contractor to be other than the contractor 
indicated in the contract will be considered to be incorrect 
information within the meaning of the ``suspension of payment'' 
paragraph of the EFT clause of this contract.
    (2) The contractor shall not change the name or address for 
electronic funds transfer payments (EFT) or manual payments, as 
appropriate, in the CCR record to reflect an assignee for the purpose 
of assignment of claims (see Subpart 32.8, Assignment of Claims).
    Assignees shall be separately registered in the CCR database. 
Information provided to the contractor's CCR record that indicates 
payments, including those made by EFT, to an ultimate recipient other 
than that contractor will be considered to be incorrect information 
within the meaning of the ``suspension of payment'' paragraph of the 
EFT clause of this contract.


4.1103  Procedures.

    (a) Unless the acquisition is exempt under 4.1102, the contracting 
officer--
    (1) Shall verify that the prospective contractor is registered in 
the CCR database (see paragraph (b) of this section) before awarding a 
contract or agreement;
    (2) Should use the DUNS number or, if applicable, the DUNS+4 
number, to verify registration--
    (i) Via the Internet at http://www.ccr.gov;
    (ii) By calling toll-free: 1-888-227-2423, commercial: (616) 961-
5757, or DSN: 932-5757; or
    (iii) As otherwise provided by agency procedures; and
    (3) Shall modify a contract or agreement that does not already 
include the requirement to be registered in the CCR database and 
maintain registration until final payment, and whose period of 
performance extends beyond September 30, 2003--
    (i) To incorporate, as appropriate, the clause at 52.204-XX, 
Central Contractor Registration, and its Alternate 1, or, for a 
contract for commercial items, an addendum to 52.212-4, Contract Terms 
and Conditions--Commercial Items, that requires the contractor to be 
registered in the CCR database by September 30, 2003, and maintain 
registration until final payment; and
    (ii) In sufficient time to permit CCR registration by September 30, 
2003.
    (b) Need not verify registration before placing an order or call if 
the contract or agreement includes the clause at 52.204.XX, or 52.212-
4(t), or a similar agency clause.
    (c) If the contracting officer, when awarding a contract or 
agreement, determines that a prospective contractor is not registered 
in the CCR database and an exception to the registration requirements 
for the award does not apply (see 4.1102), the contracting officer 
shall--
    (1) If the needs of the requiring activity allow for a delay, make 
award after the apparently successful offeror has registered in the CCR 
database. The contracting officer shall advise the offeror of the 
number of days it will be allowed to become registered. If the offeror 
does not become registered by the required date, the contracting 
officer shall award to the next otherwise successful registered offeror 
following the same procedures (i.e., if the next apparently successful 
offeror is not registered, the contracting officer shall advise the 
offeror of the number of days it will be allowed to become registered, 
etc.); 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.
    (d) Agencies shall protect against improper disclosure of 
contractor CCR information.
    (e) The contracting officer shall, on contractual documents 
transmitted to the payment office, provide the DUNS number, or, if 
applicable, the DUNS+4, in accordance with agency procedures.


4.1104  Solicitation provision and contract clauses.

    Except as provided in 4.1102(a), use the clause at 52.204-XX 
Central Contractor Registration, in solicitations and contracts that 
require contractors to be registered in the CCR database. If modifying 
a contract, or an agreement to require registration, use the clause 
with its Alternate I.

PART 13--SIMPLIFIED ACQUISITION PROCEDURES

    5. Amend section 13.102 by revising the introductory text of 
paragraph (a); and adding paragraphs (a)(4) and (a)(5) to read as 
follows:


13.102  Source list.

    (a) Each contracting office should maintain a source list (or 
lists, if more convenient). A list of new supply sources may be 
obtained from the Central Contractor Registration database (see 4.11) 
at http://www.ccr.gov or the Procurement Marketing and Access Network 
(PRO-Net) of the Small Business Administration. Either list should 
identify the status of each source (when the status is made known to 
the contracting office) in the following categories:
* * * * *
    (4) HUBZone small business.
    (5) Service-disabled veteran-owned small business.
* * * * *

[[Page 16369]]

PART 32--CONTRACT FINANCING

    6. Amend section 32.805 by adding paragraph (d)(4) to read as 
follows:


32.805  Procedure.

* * * * *
    (d) * * *
    (4) The assignee is registered separately in the Central Contractor 
Registration unless one of the exceptions in 4.1102 applies.
* * * * *


32.1103  [Amended]

    7. Amend section 32.1103 by removing the word ``where'' from 
paragraph (d).
    8. Amend section 32.1110 by revising the introductory text of 
paragraph (a), (a)(1), and (a)(2)(i) to read as follows:


32.1110  Solicitation provision and contract clauses.

    (a) The contracting officer shall insert the clause at--
    (1) 52.232-33, Payment by Electronic Funds Transfer--Central 
Contractor Registration, in solicitations and contracts that include 
the clause at 52.204-XX, Central Contractor Registration, or an agency 
clause that requires a contractor to be registered in the CCR database 
and maintain registration until final payment, unless--
    (i) Payment will be made through a third party arrangement (see 
13.301 and paragraph (d) of this section); or
    (ii) An exception listed in 32.1103(a) through (i) applies.
    (2)(i) 52.232-34, Payment by Electronic Funds Transfer--Other than 
Central Contractor Registration, in solicitations and contracts that 
require EFT as the method for payment but do not include the clause at 
52.204-XX, Central Contractor Registration, or a similar agency clause 
that requires the contractor to be registered in the CCR database.
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    9. Amend section 52.204-6 by revising the date of the provision and 
paragraph (b); and removing paragraph (c). The revised text reads as 
follows:


52.204-6  Data Universal Numbering System (DUNS) Number.

* * * * *

Data Universal Numbering System (DUNS) Number (Date)

* * * * *
    (b) If the offeror does not have a DUNS number, it should 
contact Dun and Bradstreet directly to obtain one.
    (1) An offeror may obtain a DUNS number--
    (i) If located within the United States, by calling Dun and 
Bradstreet at 1-800-333-0505 or via the Internet at http://www.dnb.com; or
    (ii) If located outside the United States, by contacting the 
local Dun and Bradstreet Information Services Office.
    (2) The offeror should be prepared to provide the following 
information:
    (i) Company name.
    (ii) Company address.
    (iii) Company telephone number.
    (iv) Line of business.
    (v) Chief executive officer/key manager.
    (vi) Date the company was started.
    (vii) Number of people employed by the company.
    (viii) Company affiliation.

(End of provision)

    10. Add section 52.204-XX to read as follows:


52.204-XX  Central Contractor Registration.

    As prescribed in 4.1104(a), use the following clause:
Central Contractor Registration (Date)
    (a) Definitions. As used in this clause--
    Central Contractor Registration (CCR) database means the primary 
Government repository for Contractor information required for the 
conduct of business with the Government.
    Data Universal Numbering System (DUNS) number means the 9-digit 
number assigned by Dun and Bradstreet Information Services to identify 
unique business entities.
    Data Universal Numbering System +4 (DUNS+4) number means the DUNS 
number assigned by Dun and Bradstreet plus a 4-character suffix that 
may be assigned by a business concern. This 4-character suffix may be 
assigned at the discretion of the business concern to establish 
additional CCR records for identifying alternative Electronic Funds 
Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.
    Registered in the CCR database means that--
    (1) The Contractor has entered all mandatory information, including 
the DUNS number or the DUNS+4 number, into the CCR database; and
    (2) The Government has validated all mandatory data fields and has 
marked the record ``Active''.
    (b)(1) By submission of an offer, the offeror acknowledges the 
requirement that a prospective awardee shall be registered in the CCR 
database prior to award, during performance and through final payment 
of any contract, basic agreement, basic ordering agreement, or blanket 
purchasing agreement resulting from this solicitation.
    (2) The offeror shall enter, in the block with its name and address 
on the cover page of its offer, the annotation ``DUNS'' or ``DUNS+4'' 
followed by the DUNS or DUNS+4 number that identifies the offeror's 
name and address exactly as stated in the offer. The DUNS number will 
be used by the Contracting Officer to verify that the offeror is 
registered in the CCR database.
    (c) If the offeror does not have a DUNS number, it should contact 
Dun and Bradstreet directly to obtain one.
    (1) An offeror may obtain a DUNS number--
    (i) If located within the United States, by calling Dun and 
Bradstreet at 1-800-333-0505 or via the Internet at http://www.dnb.com; 
or
    (ii) If located outside the United States, by contacting the local 
Dun and Bradstreet Information Services Office.
    (2) The offeror should be prepared to provide the following 
information:
    (i) Company name.
    (ii) Company address.
    (iii) Company telephone number.
    (iv) Line of business.
    (v) Chief executive officer/key manager.
    (vi) Date the company was started.
    (vii) Number of people employed by the company.
    (viii) Company affiliation.
    (d) If the Offeror does not become registered in the CCR database 
in the time prescribed by the Contracting Officer, the Contracting 
Officer will proceed to award to the next otherwise successful 
registered offeror.
    (e) Processing time should be taken into consideration when 
registering. Offerors who are not registered should consider applying 
for registration immediately upon receipt of this solicitation.
    (f) The Contractor is responsible for the accuracy and completeness 
of the data within the CCR database, 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 review and update on an annual basis from 
the date of initial registration or subsequent updates its information 
in the CCR database to ensure it is current, accurate and complete. 
Updating information in the CCR does not alter the terms and conditions 
of this contract and is not a substitute for a properly executed 
contractual document.
    (g)(1)(i) If a Contractor has legally changed its business name, 
``doing business as'' name, or division name (whichever is shown on the 
contract), or has transferred the assets used in performing the 
contract, but has not

[[Page 16370]]

completed the necessary requirements regarding novation and change-of-
name agreements in subpart 42.12, the Contractor shall provide the 
responsible contracting officer a minimum of one business day's written 
notification of its intention to (1) Change the name in the CCR 
database; (2) comply with the requirements of subpart 42.12; and (3) 
agree in writing to the timeline and procedures specified by the 
responsible Contracting Officer. The Contractor must provide with the 
notification sufficient documentation to support the ``legally'' 
changed name.
    (ii) If the Contractor fails to comply with the requirements of 
paragraph (g)(1)(i) of this clause, or fails to perform the agreement 
at paragraph (g)(1)(i)(3) of this clause, and, in the absence of a 
properly executed novation or change-of-name agreement, the CCR 
information that shows the Contractor to be other than the Contractor 
indicated in the contract will be considered to be incorrect 
information within the meaning of the ``Suspension of payment'' 
paragraph of the electronic funds transfer (EFT) clause of this 
contract.
    (2) The Contractor shall not change the name or address for 
electronic funds transfer (EFT) payments or manual payments, as 
appropriate, in the CCR record to reflect an assignee for the purpose 
of assignment of claims (see FAR subpart 32.8, Assignment of Claims). 
Assignees shall be separately registered in the CCR database. 
Information provided to the Contractor's CCR record that indicates 
payments, including those made by EFT, to an ultimate recipient other 
than that Contractor will be considered to be incorrect information 
within the meaning of the ``Suspension of payment'' paragraph of the 
EFT clause of this contract.
    (h) Offerors and Contractors may obtain information on registration 
and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 616-961-5757.


(End of clause)

    Alternate I (DATE). As prescribed in 4.1104(a), substitute the 
following paragraph (b) for paragraph (b) of the basic clause:
    (b)(1) The Contractor shall be registered in the CCR database by --
---- [Contracting Officer shall insert a date no later than September 
30, 2003]. The Contractor shall maintain registration during 
performance and through final payment of this contract.
    (2) The Contractor shall enter, in the block with its name and 
address on the cover page of the Standard Form 30, Amendment of 
Solicitation/Modification of Contract, the annotation ``DUNS'' or 
``DUNS+4'' followed by the DUNS or DUNS+4 number that identifies the 
Contractor's name and address exactly as stated in this contract. The 
DUNS number will be used by the Contracting Officer to verify that the 
Contractor is registered in the CCR database.

    11. Amend section 52.212-1 by revising date of the provision and 
paragraph (j); and adding a new paragraph (k) to read as follows:


52.212-1  Instructions to Offerors--Commercial Items.

* * * * *

Instructions to Offerors--Commercial Items (Date)

* * * * *
    (j) Data Universal Numbering System (DUNS) Number. (Applies to 
all offers exceeding $25,000, and offers of $25,000 or less if the 
solicitation requires the Contractor to be registered in the Central 
Contractor Registration (CCR) database. The offeror shall enter, in 
the block with its name and address on the cover page of its offer, 
the annotation ``DUNS'' or ``DUNS+4'' followed by the DUNS or DUNS+4 
number that identifies the offeror's name and address. The DUNS+4 is 
the DUNS number plus a 4-character suffix that may be assigned at 
the discretion of the offeror to establish additional CCR records 
for identifying alternative Electronic Funds Transfer (EFT) accounts 
(see FAR 32.11) for the same parent concern. If the offeror does not 
have a DUNS number, it should contact Dun and Bradstreet to obtain 
one. An offeror within the United States may contact Dun and 
Bradstreet by calling 1-800-333-0505 or via the Internet at http://www.dnb.com. An offeror located outside the United States must 
contact the local Dun and Bradstreet Information Services Office for 
a DUNS number.
    (k) Central Contractor Registration. Unless exempted by an 
addendum to this solicitation, by submission of an offer, the 
offeror acknowledges the requirement that a prospective awardee 
shall be registered in the CCR database prior to award, during 
performance and through final payment of any contract resulting from 
this solicitation. If the offeror does not become registered in the 
CCR database in the time prescribed by the Contracting Officer, the 
Contracting Officer will proceed to award to the next otherwise 
successful registered offeror. Offerors may obtain information on 
registration and annual confirmation requirements via the Internet 
at http://www.ccr.gov or by calling 1-888-227-2423 or 616-961-5757.

(End of provision)

    12. Amend section 52.212-4 by revising date of the clause; and 
adding a new paragraph (t) to read as follows:


52.212-4  Contract Terms and Conditions--Commercial Items

* * * * *

Contract Terms and Conditions--Commercial Items (Date)

* * * * *
    (t) Central Contractor Registration (CCR). (1) Unless exempted 
by an addendum to this contract, the Contractor is responsible 
during performance and through final payment of any contract for the 
accuracy and completeness of the data within the CCR database, 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 review and update on an annual basis from the date of initial 
registration or subsequent updates its information in the CCR 
database to ensure it is current, accurate and complete. Updating 
information in the CCR does not alter the terms and conditions of 
this contract and is not a substitute for a properly executed 
contractual document.
    (2) The Contractor shall not change the name or address for 
electronic funds transfer (EFT) payments or manual payments as 
appropriate in the CCR record to reflect an assignee for the purpose 
of assignment of claims (see FAR subpart 32.8, Assignment of 
Claims). Assignees shall be separately registered in the CCR 
database. Information provided to the Contractor's CCR record that 
indicates payments, including those made by EFT, to an ultimate 
recipient other than that Contractor will be considered to be 
incorrect information within the meaning of the ``Suspension of 
payment'' paragraph of the EFT clause of this contract.
    (3) Offerors and Contractors may obtain information on 
registration and annual confirmation requirements via the Internet 
at http://www.ccr.gov or by calling 1-888-227-2423 or 616-961-5757.

(End of clause)


52.213-4  [Amended]

    13. Amend section 52.213-4 by removing from the clause heading 
``(SEPT 2002)'' and in paragraph (b)(1)(ix) ``(MAY 1999)'' and adding 
in their places ``(DATE)''.
    14. Amend section 52.232-33 by--
    a. Revising the date of clause;
    b. Removing paragraph (e);
    c. Redesignating paragraphs (f) through (j) as (e) through (i), 
respectively; and
    d. Revising the newly designated paragraph (g) to read as follows:


52.232-33  Payment by Electronic Funds Transfer--Central Contractor 
Registration.

* * * * *

Payment by Electronic Funds Transfer--Central Contractor Registration 
(Date)

* * * * *
    (g) EFT and assignment of claims. If the Contractor assigns the 
proceeds of this contract as provided for in the assignment of 
claims terms of this contract, the Contractor shall require as a 
condition of any such

[[Page 16371]]

assignment, that the assignee shall register separately in the CCR 
database and shall be paid by EFT in accordance with the terms of 
this clause. Notwithstanding any other requirement of this contract, 
payment to an ultimate recipient other than the Contractor, or a 
financial institution properly recognized under an assignment of 
claims pursuant to subpart 32.8, is not permitted. In all respects, 
the requirements of this clause shall apply to the assignee as if it 
were the Contractor. EFT information that shows the ultimate 
recipient of the transfer to be other than the Contractor, in the 
absence of a proper assignment of claims acceptable to the 
Government, is incorrect EFT information within the meaning of 
paragraph (d) of this clause.
* * * * *
[FR Doc. 03-7928 Filed 4-2-03; 8:45 am]
BILLING CODE 6820-EP-P