[Federal Register Volume 75, Number 158 (Tuesday, August 17, 2010)]
[Proposed Rules]
[Pages 50731-50733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20282]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 4

[FAR Case 2009-023; Docket 2010-0094; Sequence 1]
RIN 9000-AL70


Federal Acquisition Regulation; Unique Procurement Instrument 
Identifiers (PIID)

AGENCY: 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 standardize use of Unique 
Procurement Instrument Identifiers (PIID) throughout the Government. 
This case defines the requirement for agency unique procurement 
instrument identifiers and extends the requirement for using PIIDs to 
all solicitations, contracts, and related procurement instruments 
across the Federal Government.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat on or before October 18, 2010 to be considered 
in the formulation of a final rule.

ADDRESSES: Submit comments identified by FAR case 2009-023 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by inputting ``FAR Case 
2009-023'' under the heading ``Enter Keyword or ID'' and selecting 
``Search''. Select the link ``Submit a Comment'' that corresponds with 
``FAR Case 2009-023''. Follow the instructions provided at the ``Submit 
a Comment'' screen. Please include your name, company name (if any), 
and ``FAR Case 2009-023'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), 1800 F Street, NW., Room 4041, Attn: Hada Flowers, 
Washington, DC 20405.

    Instructions: Please submit comments only and cite, FAR Case 2009-
023, 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. Karlos Morgan, Procurement 
Analyst, at (202) 501-2364 for clarification of content. Please cite 
FAR case 2009-023. For information pertaining to status or publication 
schedules, contact the Regulatory Secretariat at (202) 501-4755.

SUPPLEMENTARY INFORMATION:

A. Background

    In accordance with FAR 4.605(a), agencies are required to have in 
place a process that ensures that each PIID reported to the Federal 
Procurement Data System (FPDS) is unique, Governmentwide, and will 
remain so for at least 20 years from the date of contract award. 
Additionally, FAR 4.605(a) requires the FPDS Program Management Office 
to maintain a registry of agency unique identifiers on the FPDS Web 
site, at https://www.fpds.gov, that consists of alpha characters in the 
first positions to indicate the agency, followed by alphanumeric 
characters identifying bureaus, offices, or other administrative 
subdivisions. However, FAR 4.605(a) does not clearly articulate the 
specific policies and procedures necessary to ensure standardization of 
contract data beyond FPDS, thereby causing the potential for 
duplication of contract data

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across procurement, finance, and related posting and reporting systems.
    Additionally, the lack of specific policies and procedures 
necessary to ensure standardization of unique PIIDs identified in 
contract data causes numerous issues with our Governmentwide systems 
i.e., procurement and finance, and for related posting and reporting 
systems, resulting in duplication, errors, and discrepancies. This 
problem increases for contract vehicles that are used by more than one 
agency. Further, the lack of consistent agency policies and procedures 
for PIIDs subjects users of contract data, including the Federal 
Government, contractors, and the public, to potential duplicate, 
overlapping, or conflicting information from the different Federal 
agencies. These issues pre-date the reporting requirements of the 
Federal Funding Accountability and Transparency Act (FFATA) and 
American Recovery and Reinvestment Act (Recovery Act), but the need to 
standardize is exacerbated by the Acts' reporting requirements.
    Without a consistent means for distinguishing PIIDs for each agency 
to ensure uniqueness beyond FPDS reporting, it is difficult to report 
to the level of transparency required by FFATA and the Recovery Act or 
to transmit contract award information across a myriad of procurement 
and finance systems. The additional reporting and transparency 
requirements that are now required, as well as the audits that are now 
being conducted related to the data reported, highlight the need for 
unique PIIDs beyond FPDS reporting to eliminate the potential for 
error, duplication and miscommunication.
    Expanding the requirement for PIIDs beyond FPDS reporting will 
enhance and ensure that agencies understand the need to have unique 
PIIDs and identify them in contract data to combat the potential issues 
addressed above. Additionally, clarifying and expanding the requirement 
for PIIDs in the FAR, to include solicitations, contracts, and related 
instruments will allow agencies to establish the requirement with their 
contract writing system.
    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 Councils do not expect this proposed rule 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 it proposes no new requirements on industry, and only provides 
internal Government policy and procedures. An Initial Regulatory 
Flexibility Analysis has, therefore, not been performed. The Councils 
invite comments from small business concerns and other interested 
parties.
    The Councils will consider comments from small entities concerning 
the affected FAR Part 4 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. (FAR case 2009-023), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
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. Chapter 35, et seq.

List of Subjects in 48 CFR Part 4

    Government procurement.

    Dated: August 12, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
    Therefore, DoD, GSA, and NASA propose amending 48 CFR part 4 as set 
forth below:

PART 4--ADMINISTRATIVE MATTERS

    1. The authority citation for 48 CFR part 4 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).

    2. Add section 4.001 to read as follows:


4.001  Definitions.

    As used in this part--
    Procurement Instrument Identifier (PIID) means the Government-
unique identifier for each solicitation, contract, agreement, 
amendment, modification, or order. For example, an agency may use as 
its PIID for procurement actions, such as delivery and task orders or 
basic ordering agreements, the order or agreement number in conjunction 
with the contract number (see 4.1602).
    Supplementary procurement instrument identifier means the non-
unique identifier for a procurement action that is used in conjunction 
with the Government-unique identifier. For example, an agency may use 
as its PIID for an amended solicitation, the Government-unique 
identifier for a solicitation number (e.g., N0002309R0009) in 
conjunction with a non-unique amendment number (e.g., 001). The non-
unique amendment number represents the supplementary PIID.
    3. Amend section 4.605 by revising paragraph (a) to read as 
follows:


4.605  Procedures.

    (a) Procurement Instrument Identifier (PIID). Agencies shall have 
in place a process that ensures that each PIID reported to FPDS is 
unique Governmentwide, for all contracts, blanket purchase agreements, 
basic agreements, basic ordering agreements, amendments, modifications, 
or orders in accordance with section 4.1601, and will remain so for at 
least 20 years from the date of contract award. Other pertinent PIID 
instructions for FPDS reporting can be found at https://www.fpds.gov.
* * * * *

Subpart 4.16--Unique Procurement Instrument Identifiers

    4. Add Subpart 4.16 to read as follows:

Sec.
4.1600 Scope of subpart.
4.1601 Policy.
4.1602 Identifying the PIID and supplementary PIID.

Subpart 4.16--Unique Procurement Instrument Identifiers


4.1600  Scope of subpart.

    This subpart prescribes policies and procedures for assigning 
unique procurement instrument identifiers (PIID) for each solicitation, 
contract, agreement, amendment, modification, or order and related 
procurement instrument.


4.1601  Policy.

    (a) Procurement Instrument Identifier (PIID). Agencies shall have 
in place a process that ensures that each PIID used to identify a 
solicitation or contract action is unique Governmentwide, and will 
remain so for at least 20 years from the date of contract award.
    (b) Agencies shall submit their proposed identifier format to the 
General Services Administration's Integrated Acquisition Environment 
Program Office, which maintains a registry of the agency-unique 
identifiers schemes.
    (c) The PIID shall consist of alpha characters in the first 
positions to indicate the agency, followed by alpha-numeric characters 
according to agency procedures.
    (d) Agencies shall use the PIID to identify all solicitations and 
contract actions and shall include it as the

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identifier for all contract actions shared with supporting procurement, 
finance, logistics, and reporting systems (e.g., Federal Procurement 
Data System, Past Performance Information Reporting System) to enable 
consistency, traceability, and transparency.
    (e) Agencies shall retain the PIID unchanged for the life of the 
solicitation, contract, blanket purchase agreement, basic agreement, 
basic ordering agreement, or order unless the conditions in paragraph 
(f) of this section exist.
    (f) If continued use of a PIID is not possible or is not in the 
Government's best interest solely for administrative reasons (e.g., for 
lengthy major systems contracts with multiple options or 
implementations of new agency contracting systems), the contracting 
officer may assign a new PIID by issuing a modification.


4.1602  Identifying the PIID and supplementary PIID.

    (a) Identifying the PIID in solicitation and contract award 
documentation (including forms and electronic generated formats). 
Agencies shall include all PIIDs for all related procurement actions as 
identified in paragraphs (a)(1) through (a)(5) of this section.
    (1) Solicitation and amendments. Identify the PIID for all 
solicitations. For amendments, identify a supplementary PIID, in 
accordance with agency procedures, in conjunction with the PIID for the 
solicitation.
    (2) Contracts and purchase orders. Identify the PIID for contracts 
and purchase orders.
    (3) Delivery and task orders. For delivery and task orders placed 
by an agency under a contract (e.g., indefinite-delivery indefinite-
quantity (IDIQ) contracts, multi-agency contracts (MAC), Governmentwide 
acquisition contracts (GWACs) or Multiple Award Schedule (MAS) 
contracts), identify the PIID for the delivery and task order and the 
PIID for the contract.
    (4) Blanket purchase agreements and basic ordering agreements. 
Identify the PIID for blanket purchase agreements issued in accordance 
with FAR 13.303, and for basic agreements and basic ordering agreements 
issued in accordance with Subpart 16.7. For blanket purchase agreements 
issued in accordance with Subpart 8.4 under a MAS contract, identify 
the PIID for the blanket purchase agreement and the PIID for the MAS 
contract.
    (i) Orders. For orders against basic ordering agreements or blanket 
purchase agreements issued in accordance with FAR 13.303, identify the 
PIID for the order and the PIID for the blanket purchase agreement or 
basic ordering agreement.
    (ii) Orders under Subpart 8.4. For orders against a blanket 
purchase agreement established under a MAS contract, identify the PIID 
for the order, the PIID for the blanket purchase agreement, and the 
PIID for the MAS contract.
    (5) Modifications. For modifications to actions described in 
paragraphs (a)(2) through (a)(4) of this section, and in accordance 
with agency procedures, identify a supplementary PIID for the 
modification in conjunction with the PIID for the contract, order, or 
agreement being modified.
    (b) Placement of the PIID on forms. When the form (including 
electronic generated format) does not provide spaces or fields for the 
PIID or supplementary PIID required in paragraph (a) of this section; 
identify the PIID in accordance with agency procedures.
    (c) Additional agency specific identification information. If 
agency procedures require additional identification information in 
solicitations, contracts, or other related procurement instruments for 
administrative purposes, identify it in such a manner so as to separate 
it clearly from the PIID.

[FR Doc. 2010-20282 Filed 8-16-10; 8:45 am]
BILLING CODE 6820-EP-P