Daily Rules, Proposed Rules, and Notices of the Federal Government
For decades, the Data Universal Numbering System (DUNS) number provided by Dun & Bradstreet has been the Federal Government's unique identifier for contractors. It is used (1) to uniquely identify a contractor entity, and (2) to roll-up Government procurements to the ultimate parent organization to show the corporate family receiving U.S. obligations. Furthermore, the DUNS number is the identifier for the Federal Procurement Data System (FPDS) and for the Federal Funding Accountability and Transparency Act of 2006 (Transparency Act) reporting to
DoD, GSA, and NASA published a proposed rule in the
When a generic DUNS number is used, the identity of the contractor is masked beyond the local contracting office. The contractor's identification for all downstream reporting processes is the name of the generic DUNS number, for example, “Miscellaneous Foreign Vendor”.
The practice of using generic DUNS numbers adversely affects the transparency of the Government's data, including Transparency Act contract reporting. Also, the contractor is not able to access and perform its own reporting requirements, such as Transparency Act subcontract reporting, because the contract is not associated with the contractor in Federal-wide processes. As such, the use of a generic DUNS number should be limited to those actions where it is truly necessary. The rule includes requirements intended to more strictly limit the use of the generic DUNS number to foreign contract actions valued at or below $25,000.
For greater transparency and clarification, updates or corresponding changes in procedures and clauses in FAR parts 1, 4, 19, 32, and 52 are related to the use of the DUNS number, and CCR and FPDS reporting.
This rule uses the existing term “Central Contractor Registration” rather than “System for Award Management,” because FAR Case 2012-033 will address the terminology update to “System for Award Management” throughout the FAR.
Six respondents submitted comments on the proposed rule.
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) reviewed the comments in the development of the final rule. A discussion of the comments and the changes made to the rule as a result of those comments are provided as follows:
There are no significant changes in the final rule as a result of public comments. There are some minor changes as addressed in section II.B. of this preamble.
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is a significant regulatory action and, therefore, was 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.
The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601,
The final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). Existing OMB clearances 9000-0145, Use of Data Universal Numbering System (DUNS) as Primary Contractor Identification, and 9000-0159, Central Contractor Registration, reflect current information collection burdens. This rule removes from existing CCR provision language covered by the cited OMB clearance that, per the FAR Drafting Guide, should be contained in a clause. This action creates no new collection requirement. Accordingly, FAR 1.106 will be amended to reflect two new clauses, 52.204-12 and 52.204-13, containing language instructing contractors to maintain their DUNS number and Central Contractor Registration, respectively.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 4, 13, 19, 32, and 52 as set forth below:
40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113.
(a) In accordance with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), all unclassified Federal award data must be publicly accessible.
(b) Executive agencies shall use FPDS to maintain publicly available information about all unclassified
(c) Agencies awarding assisted acquisitions or direct acquisitions must report these actions and identify the Program/Funding Agency and Office Codes from the applicable agency codes maintained by each agency at FPDS. These codes represent the agency and office that has provided the predominant amount of funding for the contract action. For assisted acquisitions, the requesting agency will receive socioeconomic credit for meeting agency small business goals, where applicable. Requesting agencies shall provide the appropriate agency/bureau component code as part of the written interagency agreement between the requesting and servicing agencies (see 17.502-1(b)(1)).
(d) Agencies awarding contract actions with a mix of appropriated and non-appropriated funding shall only report the full appropriated portion of the contract action in FPDS.
(b)(1) The responsibility for the completion and accuracy of the individual contract action report (CAR) resides with the contracting officer who awarded the contract action. CARs in a draft or error status in FPDS are not considered complete.
(2) The CAR must be confirmed for accuracy by the contracting officer prior to release of the contract award. The CAR must then be completed in FPDS within three business days after contract award.
(3) For any action awarded in accordance with 6.302-2 or pursuant to any of the authorities listed at FAR subpart 18.2, the CAR must be completed in FPDS within 30 days after contract award.
(4) 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 Representation, the contracting officer must submit a modification contract action report to ensure that the updated size status is entered in FPDS.
(2) Authorized generic DUNS numbers, maintained by the Integrated Acquisition Environment (IAE) program office (
(i) Contract actions valued at or below $25,000 that are awarded to a contractor that is—
(A) A student;
(B) A dependent of either a veteran, foreign service officer, or military member assigned outside the United States and its outlying areas (as defined in 2.101); or
(C) Located outside the United States and its outlying areas for work to be performed outside the United States and its outlying areas and the contractor does not otherwise have a DUNS number;
(ii) Contracts valued above $25,000 awarded to individuals located outside the United States and its outlying areas for work to be performed outside the United States and its outlying areas; or
(iii) Contracts when specific public identification of the contracted party could endanger the mission, contractor, or recipients of the acquired goods or services. The contracting officer must include a written determination in the contract file of a decision applicable to authority under this paragraph (c)(2)(iii).
(c) * * *
(6) Contract actions in which the required data would constitute classified information.
(7) Resale activity (
(8) Revenue generating arrangements (
(9) Training expenditures not issued as orders or contracts.
(10) Interagency agreements other than inter-agency acquisitions required to be reported at 4.606(a)(1).
(11) Letters of obligation used in the A-76 process.
(b) Insert the provision at 52.204-6, Data Universal Numbering System Number, in solicitations that do not contain the provision at 52.204-7, Central Contractor Registration, or meet a condition at 4.605(c)(2).
(c) Insert the clause at 52.204-12, Data Universal Numbering System Number Maintenance, in solicitations and resulting contracts that contain the provision at 52.204-6, Data Universal Numbering System.
The revisions and additions read as follows:
(a) * * *
(1) Purchases under the micro-purchase threshold that use a Governmentwide commercial purchase card as both the purchasing and payment mechanism, as opposed to using the purchase card for payment only;
(3) * * *
(ii) Contracting officers located outside the United States and its outlying areas, as defined in 2.101, for work to be performed in support of diplomatic or developmental operations, including those performed in support of foreign assistance programs overseas, in an area that has been designated by the Department of State as a danger pay post (see
(4) Contracts with individuals for performance outside the United States and its outlying areas;
(6) Contract actions at or below $25,000 awarded to foreign vendors for work performed outside the United States, if it is impractical to obtain CCR registration; and
(c)(1) * * *
(ii) If the contractor fails to comply with the requirements of paragraph (c)(1)(i) of the clause at 52.204-13, Central Contractor Registration Maintenance, or fails to perform the agreement at 52.204-13, paragraph (c)(1)(i)(C), 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 the contract.
(b) * * *
(3) If the contract action is being awarded pursuant to 6.302-2, the contractor must be registered in CCR within 30 days after contract award, or at least three days prior to submission of the first invoice, whichever occurs first.
(a)(1) Except as provided in 4.1102(a), use the provision at 52.204-7, Central Contractor Registration, in solicitations.
(2) If the solicitation is anticipated to be awarded in accordance with 4.1102(a)(5), the contracting officer shall use the provision at 52.204-7, Central Contractor Registration, with its Alternate I.
(b) Insert the clause at 52.204-13, Central Contractor Registration Maintenance, in solicitations that contain the provision at 52.204-7, and resulting contracts.
Except for commercial item solicitations issued under FAR part 12, insert in solicitations the provision at 52.204-8, Annual Representations and Certifications. The contracting officer shall check the applicable provisions at 52.204-8(c)(2). When the provision at 52.204-7, Central Contract Registration, is included in the solicitation, do not include the following representations and certifications:
(b)(1) * * *
(iii) The contract action will not be reported in the Federal Procurement Data System pursuant to 4.606(c)(5) or (c)(6), the contracting officer shall use the clause with its Alternate III.
As prescribed in 4.607(b), insert the following provision:
The revision and addition read as follows:
As prescribed in 4.1105(a)(1), use the following provision.
(f) Offerors may obtain information on registration at
(End of provision)
(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. If registration prior to award is not possible, the awardee shall be registered in the CCR database within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.
As prescribed in 4.607(c), insert the following clause:
(b) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted—
(1) Via the internet at
(2) If located outside the United States, by contacting the local Dun and Bradstreet office.
(End of clause)
As prescribed in 4.1105(b), use the following clause:
(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, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.
(b) 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.
(c)(1)(i) If a Contractor has legally changed its business name,
(A) Change the name in the CCR database;
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) 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 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) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted—
(i) Via the internet at
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.
(d) Contractors may obtain additional information on registration and annual confirmation requirements at
(End of clause)