[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Rules and Regulations]
[Pages 21773-21779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8447]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 2, 4, 12, and 52

[FAC 2005-25; FAR Case 2004-038; Item I; Docket 2008-0001, Sequence 6]
RIN 9000-AK94


Federal Acquisition Regulation; FAR Case 2004-038, Federal 
Procurement Data System Reporting

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

ACTION: Interim rule with request for comments.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on an interim 
rule amending the Federal Acquisition Regulation (FAR) to revise the 
process for reporting contract actions to the Federal Procurement Data 
System (FPDS).

DATES: Effective Date: April 22, 2008.
    Comment Date: Interested parties should submit written comments to 
the FAR Secretariat on or before June 23, 2008 to be considered in the 
formulation of a final rule.

ADDRESSES: Submit comments identified by FAC 2005-25, FAR case 2004-
038, by any of the following methods:
     Regulations.gov: http://www.regulations.gov.Submit 
comments via the Federal eRulemaking portal by inputting ``FAR Case 
2004-038'' under the heading ``Comment or Submission''. Select the link 
``Send a Comment or Submission'' that corresponds with FAR Case 2004-
038. Follow the instructions provided to complete the ``Public Comment 
and Submission Form''. Please include your name, company name (if any), 
and ``FAR Case 2004-038'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (VPR), 1800 F Street, NW, Room 4035, ATTN: Diedra Wingate, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite FAC 2005-25, FAR 
case 2004-038, in all correspondence related to this case. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal and/or business confidential information 
provided.

FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement 
Analyst, at (202) 501-3775 for clarification of content. Please cite 
FAC 2005-25, FAR case 2004-038. For information pertaining to status or 
publication schedules, contact the FAR Secretariat at (202) 501-4755.

SUPPLEMENTARY INFORMATION:

A. Background

    As of October 2003, all agencies were to begin reporting FAR-based 
contract actions to the modified system. During Fiscal Year 2004, 
members of the interagency Change Control Board, as well as 
departmental teams working on the migration of data from the old to new 
system, recognized both the opportunity to standardize reporting 
processes and the need to revise the FAR to provide current and clear 
reporting requirements.
    In this interim rule, the Government is establishing its commitment 
for Federal Procurement Data System (FPDS) data to serve as the single 
authoritative source of all procurement data for a host of applications 
and reports, such as the Central Contractor Registration (CCR), the 
Electronic Subcontracting Reporting System (eSRS), the Small Business 
Goaling Report (SBGR), and Resource Conservation and Recovery Act 
(RCRA) data.
    The enhanced FPDS was put into production on October 1, 2003 by 
implementing newer technology to report contract actions. The old 
system had 48 data elements; the new system has 145+ elements, 
including who funds the contract. The new system has the ability to 
receive data and provide data to other applications used in the 
procurement community, allowing the Government to give ``credit'' to 
the agency that funds the contract action. The system is also an 
enabler ensuring that metrics are consistent when comparing one 
department, service, or organization to another.
    Small agencies that do not have the staff or resources necessary to 
purchase the automated contract writing application necessary for 
reporting contract actions as required by this interim rule are 
encouraged to partner with a large agency and become a subscriber on 
their system. For information about frequently asked questions, see 
https://www.fpds.gov.
    The rule amends the FAR by:
    1. Revising FAR 1.106 to change the FAR segment 4.602 to 4.605, and 
4.603 to 4.607.

[[Page 21774]]

    2. Revising FAR 2.101 to add a definition for ``Chief Acquisition 
Officer'' and revising the definition for ``Data Universal Numbering 
System number '' to include that it is the identification number for 
Federal contractors.
    3. Renaming FAR 4.601 ``Definitions'' and revising the section to 
add definitions for ``assisted acquisition,'' ``contract action,'' 
``contract action report (CAR),'' ``definitive contract,'' ``direct 
acquisition,'' ``entitlement program,'' ``generic DUNS number,'' 
``indefinite-delivery vehicle (IDV),'' ``requesting agency,'' and 
``servicing agency'' as they pertain to FPDS.
    4. Renaming FAR section 4.602 ``General'' and revising to describe 
the general characteristics of FPDS and identify data that will and 
will not be maintained in FPDS.
    5. Renaming FAR section 4.603 ``Policy'' and revising the section 
to: describe the use of FPDS to maintain publicly available information 
about contract actions; require agencies to report actions subject to 
the FAR and using appropriated funds; require agencies performing 
assisted or direct acquisitions to report such actions; encourage 
agencies exempt from the FAR or using non-appropriated funds to report 
such actions; and require agencies awarding contracts using a mix of 
appropriated and non-appropriated funds to only report the full 
appropriated portion of the action.
    6. Adding a new FAR section 4.604, Responsibilities. The new 
section: describes the responsibility of the Senior Procurement 
Executive (SPE) and head of the contracting activity for developing and 
monitoring a process to ensure timely and accurate reporting of 
contractual actions to FPDS describes the responsibility of the 
contracting officer for the submission and accuracy of the contract 
action report; describes how and when the contract action report is to 
be submitted to FPDS when a contract writing system is or is not 
integrated with FPDS or when the contract action is awarded pursuant to 
FAR 6.302-2 or in accordance with the authorities listed at FAR Subpart 
18.2; and indicates the date that the Chief Acquisition Officer of each 
agency reporting to FPDS must submit an annual certification of the 
agency's reported actions.
    7. Adding a new FAR section 4.605, Procedures. The new section 
describes: the Procurement Instrument Identifier; and the Data 
Universal Numbering System (DUNS).
    8. Adding a new FAR section 4.606, Reporting Data. The new section 
will describe: the mandatory actions agencies must report to FPDS; the 
use of FPDS ``Express Reporting;'' the reporting requirements for 
agencies participating in the Small Business Competitiveness 
Demonstration Program; and the responsibility of the GSA Purchase Card 
Management to provide purchase card data to FPDS; how agencies may 
report other actions not specified in the subpart; and actions not to 
be reported to FPDS, including imprest funds transactions below the 
micro-purchase threshold, orders from GSA Stock and Global Supply 
Programs, orders against certain indefinite-delivery vehicles, 
purchases made using Javits-Wagner-O'Day service stores, and purchases 
made using non-appropriated fund activity cards, chaplain cards, 
individual Government personnel training orders, and Defense Printing.
    9. Renumbering the existing FAR 4.603 as 4.607.

B. The Councils have developed the following list of questions and 
answers to facilitate the public's understanding of the changes 
proposed in FAR Case 2004-038 for reporting contract actions under the 
Federal Acquisition Regulation (FAR), Subpart 4.6.

    Question 1: What is the Federal Procurement Data System (FPDS)?
    FPDS is a comprehensive mechanism for assembling, organizing, and 
presenting contract procurement data for the Federal Government. The 
system collects, processes, and disseminates official statistical data 
on Federal contracting. The data is used to generate reports for the 
three branches of Government and the general public.
    Question 2: Why are we changing the way the Federal Government 
collects procurement data?
    The way the Federal Government collects procurement data is being 
enhanced to satisfy the Government's compelling need to manage and 
understand how and where your tax dollars are spent. Collecting data 
about Government procurements provides a broad picture of the overall 
Federal acquisition process. The ability to look at all contracts 
across many agencies, in greater detail, is a key component in 
establishing transparency, trust in our Government, and credibility in 
the professionals who use and perform these contracts. With an enhanced 
view of Federal spending we can conduct analyses to structure strategic 
procurements and save money, improve Governmentwide management, and 
establish interoperability with other Governmentwide data systems.
    Question 3: What impact will the enhancements have on errors in 
FPDS?
    Government procurement executives realize that contracts are 
written for extended periods of time and that modifications are 
routinely made to these contracts, even if just to exercise an option. 
As a result of inputting data regarding these contracts into FPDS, some 
errors will end up in FPDS. Additionally, as long as there are data 
elements in a contract writing system that are released to FPDS without 
validation, errors will continue. Regardless of the reason it happens, 
if we continue to allow the data to be input in FPDS without 
validation, the professionalism and credibility of the acquisition 
community is called into question. The FPDS enhancements provide the 
capability to correct any information that is incorrect or outdated.
    Question 4: What level of effort is expected of contracting 
personnel in eliminating errors in procurement reported to FPDS?
    We anticipate minimal effort is required of the contracting officer 
or contracting specialist to ensure that the data reported to FPDS is 
current, accurate, and complete. It is incumbent on contracting 
officers and agencies to assure the accuracy of all information 
submitted. It is also certain that if care is taken to record the data 
correctly the first time, it will reduce the burden to make 
corrections. To draw attention to the criticality of this information, 
the Office of Federal Procurement Policy (OFPP) will require each 
agency, beginning in December 2007, to certify annually that all data 
is accurate and complete. See http://www.whitehouse.gov/omb/procurement/memo/fpds_ltr_030907.pdf.
    Question 5: Why is it important for procurement data to be accurate 
and timely?
    (a) Timely and accurate procurement data ensures that the recurring 
and special reports to the President, Congress, the Government 
Accountability Office, and the general public on the expenditure of 
taxpayer dollars are reliable, useful, realistic, and serve as a 
rational basis for assessing--
     The effect of Federal contracting on our Nation's economy 
and the extent to which small, veteran-owned small, service-disabled 
veteran-owned small, HUBZone small, small disadvantaged, women-owned 
small business concerns, and nonprofit agencies operating under the 
Javits-Wagner-O'Day Act are sharing in Federal contracts; and
     Measuring the impact of other Federal procurement policies 
and management initiatives.

[[Page 21775]]

    (b) In addition to the above, a list of purposes for which this 
business information is used, includes but is not limited to the 
following:
     Decisions on organization structure.
     Decisions related to staffing.
     Decisions related to training.
     Assessments on the extent to which awards are made to 
businesses in the various socio-economic categories.
     Assessments of the impact of competition on the 
acquisition process.
    (c) FPDS also provides the following--
     An authoritative source of information;
     Discipline in the reporting process;
     Confidence in Government acquisition practices, and 
reports; and
     Standardized means for collecting contract data.
    Question 6: Does FPDS contain non-procurement data? If so, do we 
use these contracts in our statistics?
    It is true several agencies have used FPDS to account for other 
types of awards that were not FAR based contracts. Once these actions 
are identified, the Government subtracts the dollars and actions from 
the total of FAR based actions prior to calculating totals or 
establishing goals.
    Question 7: Why should FPDS collect non-FAR based actions?
    Many agencies are already collecting other business data that is 
non-FAR based. In the future, FPDS will be able to accurately discern 
what is FAR based and non-FAR based actions. Agencies that desire 
internal business information and have a bona fide need for this 
information can request a modification to FPDS. In these cases, the 
business data may or may not be accessible to the public.
    Question 8: What additional responsibilities will contracting 
officers have as a result of the FPDS enhancements?
    Contracting officers will have the following additional 
responsibilities:
    a. The submission and accuracy of the individual contract action 
report (CAR), and validating the CAR prior to transmittal of the data.
    b. The review of their own CAR information as well as all FPDS 
information created by subordinates within their organization.
    (1) Whenever a contract writing system is integrated with FPDS, 
confirming the CAR for accuracy prior to release of the contract award.
    (2) Ensuring that the CAR is submitted within 3 business days after 
contract award whenever an automated contract writing system is not 
used.
    (3) Ensuring that the CAR is submitted to FPDS within 30 days after 
contract award for any actions done following FAR 6.302-2 or FAR 
Subpart 18.2.
    (4) Including a code to identify the source of funds being used to 
procure needed supplies or services. Emphasis is not just on the 
contracting office awarding the contract, but also on reporting 
accurate funding information to include the funding office code of the 
customer agency for whom the contract, delivery order, or task order is 
issued, and submitting the correct information to FPDS.
    Question 9: Why should the contracting officer be responsible for 
data reported to FPDS?
    The contracting officer is ultimately responsible for the 
solicitation and award of a contract action and by virtue of that 
responsibility, the contracting officer is also responsible for all 
actions through close-out of the contract. The CAR is a part of the 
contract file documentation and as such, its accurate and timely 
completion rests with the contracting officer.
    Question 10: How will contract specialists or other acquisition 
staff be affected by the enhancement to FPDS?
    The enhancements will provide for data collection to be more 
automated. Where data collection is not automated, contracting officers 
will be required to approve or validate fewer elements. Overall, the 
enhancements will facilitate better accuracy.
    Question 11: Why is there an emphasis on Indefinite Delivery 
Vehicles (IDV) in FPDS?
    IDV's provide agencies with a simplified process for obtaining 
commonly used commercial supplies and services at prices associated 
with volume buying. They are emphasized because of their increased use 
in every agency and in interagency contracting.
    Question 12: What needs are satisfied by making procurement data 
publicly accessible in FPDS?
    Making procurement data publicly accessible provides the public--
    a. Important information about acquisitions awarded by the Federal 
Government;
    b. The ability to fully understand how tax dollars are spent;
    c. An understanding where and how competition is conducted; and
    d. Information on where and with whom business opportunities exist.
    Additionally, collecting data about Government procurements 
provides a broad picture of the overall Federal acquisition process. 
Having the ability to look at Federal contracts across many agencies, 
in greater detail, is a key ingredient to establishing trust in our 
Government and credibility in the professionals who award and 
administer these contracts. With a transparent view of Federal 
spending, analyses may be conducted to structure procurements 
strategically and save taxpayer dollars; improve Governmentwide 
management; ensure appropriate small business participation; and 
establish interoperation with other Governmentwide data systems. This 
information will enable service-wide, department-wide, or 
Governmentwide strategic sourcing.
    Question 13: Which agencies must report to FPDS and why?
    Executive departments and agencies are responsible for collecting 
and reporting procurement data to FPDS as required by Federal 
Acquisition Regulations (FAR).
    In addition, the recent passage of The Federal Funding 
Accountability and Transparency Act of 2006 has established that all 
officials who make Federal awards of any type have a duty to report 
their activities to the public. Therefore, reporting procurement data 
applies to the entire United States Government.
    As previously stated, all levels of the Government use the reported 
data.
    Question 14: What is the FPDS Express Reporting Application?
    FPDS's Express Reporting Application allows users to report a 
single record for a single vendor for multiple contract actions.
    Question 15: Will agencies be able to see their data just like the 
public can see it?
    Yes. FPDS will provide the official Federal reports as well as 
several workload reports designed specifically for first-line 
supervisors and contract managers.
    The use of Federal reports will alleviate the need for individual 
agencies to collect, verify, and distribute statistics for a host of 
requirements such as the Small Business Goaling Report (SBGR), the 
Performance-Based Acquisition (PBA) report, and the Resource 
Conservation and Recovery Act (RCRA) Report just to name a few.
    Question 16: Does FPDS contain contract data from non-FAR agencies?
    Some agencies which are not subject to the FAR may be required by 
other authority, statute, or at the Office of Management and Budget's 
direction to report non-FAR based contract action data into FPDS. For 
example, the Federal Funding Accountability and Transparency Act of 
2006 requires a searchable website that provides public access to 
information about Federal expenditures.
    This is not a significant regulatory action and, therefore, was not 
subject to

[[Page 21776]]

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.

C. Regulatory Flexibility Act

    The interim rule is not expected to 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 contract 
reporting is not accomplished by the vendor community, only by 
Government contracting entities. Therefore, an Initial Regulatory 
Flexibility Analysis has not been performed. The Councils will consider 
comments from small entities concerning the affected FAR Parts 1, 2, 4, 
12, and 52 in accordance with 5 U.S.C. 610. Interested parties must 
submit such comments separately and should cite 5 U.S.C 601, et seq. 
(FAC 2005-25, FAR case 2004-038), in correspondence.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

E. Determination to Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DoD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This action 
is necessary because the applicable procedures in the rule are 
necessary to inform Federal agencies and the public when and how 
Federal procurement data must be reported. The action is not expected 
to have any impact on the vendor community. However, pursuant to Pub. 
L. 98-577 and FAR 1.501, the Councils will consider public comments 
received in response to this interim rule in the formation of the final 
rule.

List of Subjects in 48 CFR Parts 1, 2, 4, 12, and 52

    Government procurement.

    Dated: April 4, 2008.
Al Matera,
Director, Office of Acquisition Policy.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 2, 4, 12, and 52 as 
set forth below:
0
1. The authority citation for 48 CFR parts 1, 2, 4, 12, and 52 
continues to read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM


1.106  [Amended]

0
2. Amend section 1.106 in the table following the introductory 
paragraph by removing FAR segments ``4.602'' and ``4.603'' and adding 
``4.605'' and ``4.607'' in their place, respectively.

PART 2--DEFINITIONS OF WORDS AND TERMS

0
3. Amend section 2.101 in paragraph (b)(2) by adding, in alphabetical 
order, the definition ``Chief Acquisition Officer''; and revising the 
definition ``Data Universal Numbering System (DUNS) number'' to read as 
follows:


2.101  Definitions.

* * * * *
    (b) * * *
    (2) * * *
* * * * *
    Chief Acquisition Officer means an executive level acquisition 
official responsible for agency performance of acquisition activities 
and acquisition programs created pursuant to the Services Acquisition 
Reform Act of 2003, Section 1421 of Public Law 108-136.
* * * * *
    Data Universal Numbering System (DUNS) number means the 9-digit 
number assigned by Dun and Bradstreet, Inc. (D&B), to identify unique 
business entities, which is used as the identification number for 
Federal contractors.
* * * * *

PART 4--ADMINISTRATIVE MATTERS

0
4. Revise Subpart 4.6 to read as follows:

Subpart 4.6--Contract Reporting

Sec.
4.600 Scope of subpart.
4.601 Definitions.
4.602 General.
4.603 Policy.
4.604 Responsibilities.
4.605 Procedures.
4.606 Reporting Data.
4.607 Solicitation Provisions.


4.600  Scope of subpart.

    This subpart prescribes uniform reporting requirements for the 
Federal Procurement Data System (FPDS).


4.601  Definitions.

    As used in this subpart--
    Assisted acquisition means a contract, delivery or task order 
awarded by a servicing agency on behalf of a requesting agency. The 
agency providing the assistance may also administer the contract 
action.
    Contract action means any oral or written action that results in 
the purchase, rent, or lease of supplies or equipment, services, or 
construction using appropriated dollars over the micro-purchase 
threshold, or modifications to these actions regardless of dollar 
value. Contract action does not include grants, cooperative agreements, 
other transactions, real property leases, requisitions from Federal 
stock, training authorizations, or other non-FAR based transactions.
    Contract action report (CAR) means contract action data required to 
be entered into the Federal Procurement Data System (FPDS).
    Definitive contract means any contract that must be reported to 
FPDS other than an indefinite delivery vehicle. This definition is only 
for FPDS, and is not intended to apply to Part 16.
    Direct acquisition means an order awarded directly by the 
requesting agency against the servicing agency's contract. In a direct 
acquisition, the servicing agency awards and administers the contract 
but does not participate in the placement of an order.
    Entitlement program means a Federal program that guarantees a 
certain level of benefits to persons or other entities who meet 
requirements set by law, such as Social Security, farm price supports, 
or unemployment benefits.
    Generic DUNS number means a DUNS number assigned to a category of 
vendors not specific to any individual or entity.
    Indefinite delivery vehicle (IDV) means an indefinite delivery 
contract that has one or more of the following clauses:
    (1) 52.216-18, Ordering.
    (2) 52.216-19, Order Limitations.
    (3) 52.216-20, Definite Quantity.
    (4) 52.216-21, Requirements.
    (5) 52.216-22, Indefinite Quantity.
    (6) Any other clause allowing ordering.
    Requesting agency means the agency that has the requirement for an 
interagency acquisition.
    Servicing agency means the agency that will conduct an assisted 
acquisition on behalf of the requesting agency.

[[Page 21777]]

4.602  General.

    (a) The FPDS provides a comprehensive web-based tool for agencies 
to report contract actions. The resulting data provides--
    (1) A basis for recurring and special reports to the President, the 
Congress, the Government Accountability Office, Federal executive 
agencies, and the general public;
    (2) A means of measuring and assessing the effect of Federal 
contracting on the Nation's economy and the extent to which small, 
veteran-owned small, service-disabled veteran-owned small, HUBZone 
small, small disadvantaged, women-owned small business concerns, and 
nonprofit agencies operating under the Javits-Wagner-O'Day Act, are 
sharing in Federal contracts; and
    (3) A means of measuring and assessing the effect of other policy 
and management initiatives (e.g., performance based acquisitions and 
competition).
    (b) FPDS does not provide reports for certain acquisition 
information used in the award of a contract action (e.g., 
subcontracting data, funding data, or accounting data).
    (c) The FPDS Web site, https://www.fpds.gov, provides instructions 
for submitting data. It also provides--
    (1) A complete list of departments, agencies, and other entities 
that submit data to the FPDS;
    (2) Technical and end-user guidance;
    (3) A computer-based tutorial; and
    (4) Information concerning reports not generated in FPDS.


4.603  Policy.

    (a) In accordance with the Federal Funding Accountability and 
Transparency Act of 2006 (Pub. L. No. 109-282), all Federal award data 
must be publicly accessible.
    (b) Except as provided in 4.606(a)(2), executive agencies shall use 
FPDS to maintain publicly available information about all contract 
actions exceeding the micro-purchase threshold, and any modifications 
to those actions that change previously reported contract action report 
data, regardless of dollar value.
    (c) Agencies awarding assisted acquisitions or direct acquisitions 
must report these actions and identify the Funding Agency Code from the 
applicable agency codes maintained by the National Institute of 
Standards and Technology (NIST) using NIST Special Publication 800-87, 
``Codes for the Identification of Federal and Federally Assisted 
Organizations,'' at http://csrc.nist.gov/publications/nistpubs/800-87/sp800-87-Final.pdf.
    (d) Agencies exempt from the FAR are encouraged to report contract 
actions in FPDS.
    (e) Agencies awarding contract actions with a mix of appropriated 
and nonappropriated funding shall only report the full appropriated 
portion of the contract action in FPDS.


4.604  Responsibilities.

    (a) The Senior Procurement Executive in coordination with the head 
of the contracting activity is responsible for developing and 
monitoring a process to ensure timely and accurate reporting of 
contractual actions to FPDS.
    (b)(1) The responsibility for the submission and accuracy of the 
individual contract action report (CAR) resides with the contracting 
officer who awarded the contract action.
    (2) When a contract writing system is integrated with FPDS, the CAR 
must be confirmed for accuracy prior to release of the contract award.
    (3) When a contract writing system is not integrated with FPDS, the 
CAR must be submitted to FPDS within three business days after contract 
award.
    (4) For any action awarded in accordance with FAR 6.302-2 or 
pursuant to any of the authorities listed at FAR Subpart 18.2, the CAR 
must be submitted to FPDS within 30 days after contract award.
    (5) When the contracting office receives written notification that 
a contractor has changed its size status in accordance with the clause 
at 52.219-28, Post-Award Small Business Program Rerepresentation, the 
contracting officer must submit a modification contract action report 
to ensure that the updated size status is entered in FPDS-NG.
    (c) The chief acquisition officer of each agency required to report 
its contract actions must submit to the General Services Administration 
(GSA), in accordance with FPDS guidance, by January 5, an annual 
certification of whether, and to what degree, agency CAR data for the 
preceding fiscal year is complete and accurate.


4.605  Procedures.

    (a) Procurement Instrument Identifier (PIID). Agencies must have in 
place a process that ensures that each PIID reported to FPDS is unique, 
Governmentwide, and will remain so for at least 20 years from the date 
of contract award. Agencies must submit their proposed identifier 
format to the FPDS Program Management Office, which maintains a 
registry of the agency unique identifiers on the FPDS website, and must 
validate their use in all transactions. The PIID shall consist of alpha 
characters in the first positions to indicate the agency, followed by 
alphanumeric characters identifying bureaus, offices, or other 
administrative subdivisions. Other pertinent PIID instructions can be 
found at https://www.fpds.gov.
    (b) Data Universal Numbering System (DUNS). The contracting officer 
must identify and report a DUNS number (Contractor Identification 
Number) for the successful offeror on a contract action. The DUNS 
number reported must identify the successful offeror's name and address 
as stated in the offer and resultant contract, and as registered in the 
Central Contractor Registration (CCR) database in accordance with the 
clause at 52.204-7, Central Contractor Registration. The contracting 
officer must ask the offeror to provide its DUNS number by using either 
the provision at 52.204-6, Data Universal Numbering System (DUNS) 
Number, the clause at 52.204-7, Central Contractor Registration, or the 
provision at 52.212-1, Instructions to Offerors--Commercial Items.
    (1) Notwithstanding the inclusion of the provision at 52.204-6 in 
the associated solicitation or except as provided in paragraph (b)(2) 
of this section, the contracting officer shall use one of the generic 
DUNS numbers identified in CCR to report corresponding contract actions 
if the contract action is--
    (i) With contractors located outside the United States and its 
outlying areas as defined in 2.101 who do not have a DUNS number, and 
the contracting officer determines it is impractical to obtain a DUNS 
number;
    (ii) With students who do not have DUNS numbers;
    (iii) With dependents of veterans, Foreign Service Officers, and 
military members assigned overseas who do not have DUNS numbers; or
    (iv) For classified or national security.
    (2) In accordance with agency procedures, authorized generic DUNS 
numbers found at https://www.fpds.gov may be used to report contract 
actions when--
    (i) Specific public identification of the contracted party could 
endanger the mission, contractor, or recipients of the acquired goods 
or services; or
    (ii) The agency determines it is impractical to obtain a DUNS 
number.


4.606  Reporting Data.

    (a) Actions required to be reported to FPDS. (1) As a minimum, 
agencies must report the following contract actions over the micro-
purchase threshold, regardless of solicitation process used, and 
agencies must report any modification to these contract actions

[[Page 21778]]

that change previously reported contract action data, regardless of 
dollar value:
    (i) Definitive contracts, including purchase orders and imprest 
fund buys over the micro-purchase threshold awarded by a contracting 
officer.
    (ii) Indefinite delivery vehicle (identified as an ``IDV'' in 
FPDS). Examples of IDVs include the following:
    (A) Task and Delivery Order Contracts (see Subpart 16.5), 
including--
    (1) Government-wide acquisition contracts.
    (2) Multi-agency contracts.
    (B) GSA Federal supply schedules.
    (C) Blanket Purchase Agreements (see 13.303).
    (D) Basic Ordering Agreements (see 16.703).
    (E) Any other agreement or contract against which individual orders 
or purchases may be placed.
    (iii) All calls and orders awarded under the indefinite delivery 
vehicles identified in paragraph (a)(1)(ii) of this section.
    (2) Agencies participating in the Small Business Competitiveness 
Demonstration Program (see Subpart 19.10) shall report as a contract 
action each award in the designated industry groups, regardless of 
dollar value.
    (3) The GSA Office of Charge Card Management will provide the 
Government purchase card data, at a minimum annually, and GSA will 
incorporate that data into FPDS for reports.
    (4) Agencies may use the FPDS Express Reporting capability for 
consolidated multiple action reports for a vendor when it would be 
overly burdensome to report each action individually. When used, 
Express Reporting should be done at least monthly.
    (b) Reporting Other Actions. Agencies may submit actions other than 
those listed at paragraph (a)(1) of this section, and must contact the 
FPDS Program Office at integrated.acquisition@gsa.gov if they desire to 
submit any of the following types of activity:
    (1) Transactions at or below the micro-purchase threshold, except 
as provided in paragraph (a)(2) of this section.
    (2) Any non-appropriated fund (NAF) or NAF portion of a contract 
action using a mix of appropriated and nonappropriated funding.
    (3) Lease and supplemental lease agreements for real property.
    (4) Resale activity (i.e., commissary or exchange activity).
    (5) Revenue generating arrangements (i.e., concessions).
    (6) Training expenditures not issued as orders or contracts.
    (7) Grants and entitlement actions.
    (8) Interagency agreements, also known as interservice level 
agreements, memoranda of understanding, or memoranda of agreement.
    (9) Letters of obligation used in the A-76 process.
    (c) Actions not reported. The following types of contract actions 
are not to be reported to FPDS:
    (1) Imprest fund transactions below the micro-purchase threshold, 
including those made via the Government purchase card (unless specific 
agency procedures prescribe reporting these actions).
    (2) Orders from GSA stock and the GSA Global Supply Program.
    (3) Purchases made at GSA or JWOD service stores, as these items 
stocked for resale have already been reported by GSA.
    (4) Purchases made using non-appropriated fund activity cards, 
chaplain fund cards, individual Government personnel training orders, 
and Defense Printing orders.
    (d) Agencies not subject to the FAR may be required by other 
authority (e.g., statute or OMB) to report certain information to FPDS.


4.607  Solicitation Provisions.

    (a) Insert the provision at 52.204-6, Data Universal Numbering 
System (DUNS) Number, in solicitations that--
    (1) Are expected to result in a requirement for the generation of a 
CAR (see 4.606(a)(1)); and
    (2) Do not contain the clause at 52.204-7, Central Contractor 
Registration.
    (b) Insert the provision at 52.204-5, Women-Owned Business (Other 
Than Small Business), in all solicitations that--
    (1) Are not set aside for small business concerns;
    (2) Exceed the simplified acquisition threshold; and
    (3) Are for contracts that will be performed in the United States 
or its outlying areas.


4.805  [Amended]

0
5. Amend section 4.805 in paragraph (b)(9) by removing ``4.601'' and 
adding ``4.603'' in its place.

PART 12--ACQUISITION OF COMMERCIAL ITEMS


12.301  [Amended]

0
6. Amend section 12.301 in paragraph (b)(2) by removing the words 
``that are expected to exceed the threshold at 4.601(a)''.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.204-5  [Amended]

0
7. Amend section 52.204-5 by removing from the introductory text 
``4.603(b)'' and adding ``4.607(b)'' in its place.
0
8. Amend section 52.204-6 by--
0
a. Removing from the introductory text ``4.603(a)'' and adding 
``4.607(a)'' in its place;
0
b. Revising the date of the provision;
0
c. Removing from paragraph (a) the word ``parent'';
0
d. Revising paragraph (b)(1)(i); and
0
e. Adding a sentence to the end of paragraph (b)(1)(ii).
    The revised and added text reads as follows:


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

* * * * *
    DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)
* * * * *
    (b) * * *
    (1) * * *
    (i) Via the Internet at http://fedgov.dnb.com/webform or if the 
offeror does not have internet access, it may call Dun and 
Bradstreet at 1-866-705-5711 if located within the United States; or
    (ii) * * * The offeror should indicate that it is an offeror for 
a U.S. Government contract when contacting the local Dun and 
Bradstreet office.
* * * * *
    (End of provision)
0
9. Amend section 52.204-7 by--
0
a. Revising the date of the clause;
0
b. In paragraph (a), in the definition ``Data Universal Numbering 
System +4 (DUNS+4) number'', by removing the word ``parent'';
0
c. Revising paragraph (c)(1)(i); and
0
d. Adding a sentence to the end of paragraph (c)(1)(ii).
    The revised and added text reads as follows:


52.204-7  Central Contractor Registration.

* * * * *
    CENTRAL CONTRACTOR REGISTRATION (APR 2008)
* * * * *
    (c) * * *
    (1) * * *
    (i) Via the Internet at http://fedgov.dnb.com/webform or if the 
offeror does not have internet access, it may call Dun and 
Bradstreet at 1-866-705-5711 if located within the United States; or
    (ii) * * * The offeror should indicate that it is an offeror for 
a U.S. Government contract when contacting the local Dun and 
Bradstreet office.
* * * * *
    (End of clause)
0
10. Amend section 52.212-1 by--

[[Page 21779]]

0
a. Revising the date of the provision; and
0
b. In paragraph (j), by removing the word ``parent''; removing ``http://www.dnb.com'' and adding ``http://fedgov.dnb.com/webform'' in its 
place; and adding a sentence to the end of the paragraph to read as 
follows:


52.212-1  Instructions to Offerors--Commercial Items.

* * * * *
    INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2008)
* * * * *
    (j) * * * The offeror should indicate that it is an offeror for 
a Government contract when contacting the local Dun and Bradstreet 
office.
* * * * *
    (End of provision)
[FR Doc. E8-8447 Filed 4-21-08; 8:45 am]
BILLING CODE 6820-EP-S