80 FR 72035 - Federal Acquisition Regulation; Unique Identification of Entities Receiving Federal Awards
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 80, Issue 222 (November 18, 2015)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 80, Issue 222 (November 18, 2015)
| Page Range | 72035-72039 | |
| FR Document | 2015-29414 |
[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)] [Proposed Rules] [Pages 72035-72039] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29414] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 2, 4, 9, 12, 19 and 52 [FAR Case 2015-022; Docket No. 2015-0022; Sequence No. 1] RIN 9000-AN00 Federal Acquisition Regulation; Unique Identification of Entities Receiving Federal Awards AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to re-designate the terminology for unique identification of entities receiving Federal awards. The change to the FAR will remove the proprietary standard or number. DATES: Interested parties should submit written comments to the Regulatory Secretariat at one of the addresses shown below on or before January 19, 2016 to be considered in the formulation of a final rule. ADDRESSES: Submit comments in response to FAR Case 2015-022 by any of the following methods:Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ``FAR Case 2015-022''. Select the link ``Comment Now'' that corresponds with FAR Case 2015-022. Follow the instructions provided at the ``Comment Now'' screen. Please include your name, company name (if any), and ``FAR Case 2015-022'' on your attached document. Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405. Instructions: Please submit comments only and cite FAR Case 2015- 022, in all correspondence related to this case. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Mr. Edward Loeb, Procurement Analyst, at 202-501-0650, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501-4755. Please cite FAR Case 2015-022. SUPPLEMENTARY INFORMATION: I. Background DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to re-designate the terminology for unique identification of entities receiving Federal awards. The change to the FAR will remove the proprietary standard or number. Unique identification of such entities is critical to ensure Federal dollars are awarded to responsible parties, awardees are paid in a timely manner, and awards are appropriately recorded and reported. This is currently accomplished through regulation (i.e., the FAR) using the proprietary Data Universal Numbering System (DUNS[supreg]) number from Dun and Bradstreet. This rule proposes to eliminate references to the proprietary standard or number and to provide appropriate references to the Web site where information on the unique entity identifier used for Federal contractors will be located. In addition, the proposed rule establishes definitions of ``unique entity identifier'', and ``electronic funds transfer (EFT) indicator''. In recent years, legislation has been enacted (e.g., the Federal Funding Accountability and Transparency Act and the Digital Accountability and Transparency Act) that requires expanded identification of entities working with the Government and the development of standards, processes, and policies to better trace Federal dollars from appropriation to final outcomes or results. Creation and maintenance of data standards will facilitate collection and display of essential information. A data standard for identification of entities receiving Federal awards has been developed as part of the implementation for the Digital Accountability and Transparency Act and is available at http://fedspendingtransparency.github.io/whitepapers/unique-id-business-name/. Going forward, the Federal Government will establish a transparent process for exploring potential alternatives to existing entity identifiers. Office of Management and Budget (OMB) and Treasury, in collaboration with the General Services Administration and the Award Committee for E-Government will establish a process for considering options, including soliciting information about viable alternatives from and reaching out about nonproprietary alternatives to all sectors, including private companies, nonprofits, and Federal government providers. This process will result in an analysis of alternatives for the unique identification of entities working with the Federal government while maintaining the statutory and regulatory integrity protections for the needs of the various awarding communities (loans, financial assistance, procurement, etc.) as well as transparency communities. The analysis of alternatives will include consideration of costs, implementation considerations, and protections for Federal taxpayers. The analysis of alternatives is anticipated to be completed in Fiscal Year (FY) 2017. Although the Government is not currently in a position to move away from use of the DUNS number in the short term, elimination of regulatory references to a proprietary entity identifier will provide opportunities for future competition that can reduce costs to taxpayers. The current requirement limits competition by using a proprietary number and organization to [[Page 72036]] meet the identification need as well as the need for other business information associated with that number. II. Executive Orders 12866 and 13563 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 not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. III. Regulatory Flexibility Act DoD, GSA, and NASA do not expect this 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. However, an Initial Regulatory Flexibility Analysis (IRFA) has been prepared consistent with 5 U.S.C. 605. The IRFA is summarized as follows: The rule is being proposed to remove a proprietary standard or number for the unique identification of entities receiving Federal awards. The current requirement limits competition by using a proprietary number and organization to meet the identification needs. Unique identification of such entities is critical to ensure Federal dollars are awarded to responsible parties, awardees are paid in a timely manner, and awards are appropriately recorded and reported. This is currently accomplished through regulation in the FAR using the proprietary Data Universal Numbering System (DUNS[supreg]) number from Dun and Bradstreet. This rule proposes to eliminate references to the proprietary standard or number, and to provide appropriate references to the Web site where information on the unique entity identifier used for Federal contractors will be designated. Although the Government does not intend to move away from use of the DUNS number in the short term, elimination of regulatory references to a proprietary entity identifier will provide opportunities for future competition that can reduce costs to taxpayers. The proposed rule is internal to the Government and does not directly impose any requirements on the vendor community. However, the rule may affect certain entities if those entities have arranged certain of their business systems to utilize, accept, or otherwise recognize the existing unique identifier (DUNS Number) and should that unique identifier be changed at some point to another identifier. As of June 2015, there were 380,092 unique and active DUNS numbers designated in the System for Award Management and attributed to Government contracting. There is no change to recordkeeping as a result of this rule. The rule does not duplicate, overlap, or conflict with any other Federal rules. There are no known significant alternative approaches to the rule that would meet the requirements. The Regulatory 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 Regulatory Secretariat. DoD, GSA, and NASA invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by the rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (FAR Case 2015-022), in correspondence. IV. Paperwork Reduction Act The 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). List of Subjects in 48 CFR Parts 2, 4, 9, 12, 19 and 52 Government procurement. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 4, 9, 12, 19 and 52 as set forth below: 0 1. The authority citation for 48 CFR parts 2, 4, 9, 12, 19 and 52 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PART 2--DEFINITIONS OF WORDS AND TERMS 0 2. Amend section 2.101, in paragraph (b)(2) by-- 0 a. Removing the definitions ``Data Universal Numbering System (DUNS) number'' and ``Data Universal Numbering System +4 (DUNS+4) number''; 0 b. Adding, in alphabetical order the definition ``Electronic Funds Transfer (EFT) indicator''; 0 c. Revising paragraph (1) of the definition ``Registered in the System for Award Management (SAM) database''; and 0 d. Adding, in alphabetical order, the definition, ``Unique entity identifier''. The added and revised text reads as follows: 2.101 Definitions. * * * * * (b) * * * (2) * * * Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, non-profit, or Government entity to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see subpart 32.11) for the same entity. * * * * * Registered in the System for Award Management (SAM) database * * * (1) The Contractor has entered all mandatory information, including the unique entity identifier and the Electronic Funds Transfer indicator, (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database; * * * * * Unique entity identifier means a number or other identifier used to identify a specific commercial, non-profit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers. * * * * * PART 4--ADMINISTRATIVE MATTERS 0 3. Amend section 4.601 by removing the definition ``Generic DUNS number'' and adding in alphabetical order a definition ``Generic entity identifier'' to read as follows: 4.601 Definitions. * * * * * Generic entity identifier means a number or other identifier assigned to a category of vendors and not specific to any individual or entity. * * * * * 0 4. Amend section 4.605 by revising paragraph (b), the heading of paragraph (c), and paragraphs (c)(1), and (c)(2) introductory text; and removing from paragraph (c)(2)(i)(C) ``DUNS number'' [[Page 72037]] and adding ``unique entity identifier'' in its place. The revised text reads as follows. 4.605 Procedures. * * * * * (b) Unique entity identifier. The contracting officer shall identify and report a unique entity identifier for the successful offeror on a contract action. The unique entity identifier shall correspond to the successful offeror's name and address as stated in the offer and resultant contract, and as registered in the System for Award Management database in accordance with the provision at 52.204-7, System for Award Management. The contracting officer shall ask the offeror to provide its unique entity identifier by using either the provision at 52.204-6, Unique Entity Identifier, the provision at 52.204-7, System for Award Management, or the provision at 52.212-1, Instructions to Offerors--Commercial Items. (For a discussion of the Commercial and Government Entity (CAGE) Code, which is a different identifier, see subpart 4.18.) (c) Generic entity identifier. (1) The use of a generic entity identifier should be limited, and only used in the situations described in paragraph (c)(2) of this section. Use of a generic entity identifier does not supersede the requirements of either provisions 52.204-6, Unique Entity Identifier or 52.204-7, System for Award Management (if present in the solicitation) for the contractor to have a unique entity identifier assigned. (2) Authorized generic entity identifiers, maintained by the Integrated Award Environment (IAE) program office (http://www.gsa.gov/portal/content/105036), may be used to report contracts in lieu of the contractor's actual unique entity identifier only for-- * * * * * 0 5. Amend section 4.607 by-- 0 a. Removing from paragraph (b) ``Data Universal Numbering System Number'' and adding ``Unique Entity Identifier'' in its place; and 0 b. Revising paragraph (c) to read as follows. 4.607 Solicitation provisions and contract clause. * * * * * (c) Insert the clause at 52.204-12, Unique Entity Identifier Maintenance, in solicitations and resulting contracts that contain the provision at 52.204-6, Unique Entity Identifier. 0 6. Amend section 4.1103 by-- 0 a. Removing from paragraph (a)(1) ``must register;'' and adding ``shall register;'' in its place; 0 b. Removing from paragraph (a)(2) introductory text ``DUNS number or, if applicable, the DUNS+4 number'' and adding ``unique entity identifier'' in its place; and 0 c. Revising paragraphs (a)(3) and (d) to read as follows: 4.1103 Procedures. (a) * * * (3) Need not verify registration before placing an order or call if the contract or agreement includes the provision at 52.204-7, System for Award Management, or the clause at 52.212-4, Contract Terms and Conditions-Commercial Items, or a similar agency clause, except when use of the Governmentwide commercial purchase card is contemplated as a method of payment. (See 32.1108(b)(2)). * * * * * (d) The contracting officer shall, on contractual documents transmitted to the payment office, provide the unique entity identifier and, if applicable, the Electronic Funds Transfer indicator, in accordance with agency procedures. 4.1402 [Amended] 0 7. Amend section 4.1402 by removing from paragraph (b), last sentence, ``DUNS number'' and adding ``entity identifier'' in its place. 4.1705 [Amended] 0 8. Amend section 4.1705 by removing from paragraphs (a) and (b) ``DUNS number'' and adding ``entity identifier'' in their places. 0 9. Amend section 4.1800 by revising paragraph (b) to read as follows. 4.1800 Scope of subpart. * * * * * (b) For information on the unique entity identifier, which is a different identifier, see 4.605 and the provisions at 52.204-6, Unique Entity Identifier, and 52.204-7, System for Award Management. 0 10. Amend section 4.1802 by: 0 a. Revising paragraph (a)(1); and 0 b. Removing from paragraph (b) ``DUNS Number'' and adding ``unique entity identifier'' in its place. The revised text reads as follows: 4.1802 Policy. (a) * * * (1) Offerors shall provide the contracting officer the CAGE code assigned to that offeror's location prior to the award of a contract action above the micro-purchase threshold, when there is a requirement to be registered in the System for Award Management (SAM) or a requirement to have a unique entity identifier in the solicitation. * * * * * 4.1804 [Amended] 0 11. Amend section 4.1804 by removing from paragraph (a)(1) ``Data Universal Numbering System Number'' and adding ``Unique Entity Identifier'' in its place. PART 9--CONTRACTOR QUALIFICATIONS 0 12. Amend section 9.404 by revising paragraph (b)(6) to read as follows: 9.404 System for Award Management Exclusions. * * * * * (b) * * * (6) Unique Entity Identifier; * * * * * PART 12--ACQUISITION OF COMMERCIAL ITEMS 12.301 [Amended] 0 13. Amend section 12.301 by removing from paragraphs (d)(1) and (2) ``DUNS Number'' and adding ``unique entity identifier'' in their places. PART 19--SMALL BUSINESS PROGRAMS 19.704 [Amended] 0 14. Amend section 19.704 by removing from the introductory text of paragraph (a) ``must include'' and adding ``shall include'' in its place; and removing from paragraphs (a)(10)(v) and (vi) ``DUNS number'' and adding ``unique entity identifier'' in their places. PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 15. Revise section 52.204-6 to read as follows. 52.204-6 Unique Entity Identifier. As prescribed in 4.607(b), insert the following provision: Unique Entity Identifier (Date) (a) Definitions. Electronic Funds Transfer (EFT) indicator, as used in this provision, means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, non-profit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. Unique entity identifier, as used in this provision, means a number or other identifier used to identify a specific commercial, non-profit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers. (b) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity [[Page 72038]] identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. (c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at SAM for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information: (1) Company legal business name. (2) Tradestyle, doing business, or other name by which your entity is commonly recognized. (3) Company physical street address, city, state and Zip Code. (4) Company mailing address, city, state and Zip Code (if separate from physical). (5) Company telephone number. (6) Date the company was started. (7) Number of employees at your location. (8) Chief executive officer/key manager. (9) Line of business (industry). (10) Company Headquarters name and address (reporting relationship within your entity). (End of provision) 0 16. Amend section 52.204-7 by-- 0 a. Revising the date of the provision; 0 b. Amending paragraph (a) by-- 0 i. Removing the definitions ``Data Universal Numbering System (DUNS) number'' and ``Data Universal Numbering System +4 (DUNS+4)''; 0 ii. Adding, in alphabetical order, the definition ``Electronic Funds Transfer (EFT) indicator''; 0 iii. Revising paragraph (1) of the definition ``Registered in the System for Award Management (SAM) database''; and 0 iv. Adding, in alphabetical order, the definition ``Unique entity identifier''; 0 c. Removing from paragraph (b)(1) ``the offeror'' and adding ``the Offeror'' in its place; and 0 d. Revising paragraphs (b)(2) and (c). The revised and added text reads as follows: 52.204-7 System for Award Management. * * * * * System for Award Management (DATE) (a) Definitions. As used in this provision-- Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier, the suffix is assigned at the discretion of the commercial, non-profit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see the FAR at subpart 32.11) for the same entity. Registered in the System for Award Management (SAM) database means that-- (1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database; * * * * * Unique entity identifier means a number or other identifier used to identify a specific commercial, non-profit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers. (b) * * * (2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation Unique Entity Identifier followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database. (c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at SAM for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information: (1) Company legal business. (2) Tradestyle, doing business, or other name by which your entity is commonly recognized. (3) Company Physical Street Address, City, State, and Zip Code. (4) Company Mailing Address, City, State and Zip Code (if separate from physical). (5) Company Telephone Number. (6) Date the company was started. (7) Number of employees at your location. (8) Chief executive officer/key manager. (9) Line of business (industry). (10) Company Headquarters name and address (reporting relationship within your entity). * * * * * 0 17. Amend section 52.204-10 by-- 0 a. Revising the date of the clause; and 0 b. Removing from paragraph (d)(2)(i) ``identifier (DUNS Number)'' and adding ``entity identifier'' in its place. The revised text reads as follows: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. * * * * * Reporting Executive Compensation and First-Tier Subcontract Awards (DATE) * * * * * 0 18. Revise section 52.204-12 to read as follows. 52.204-12 Unique Entity Identifier. As prescribed in 4.607(c), insert the following clause: Unique Entity Identifier (DATE) (a) Definition. Unique entity identifier, as used in this clause, means a number or other identifier used to identify a specific commercial, non-profit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers. (b) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at the System for Award Management (SAM) for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier 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 unique entity identifier does not necessarily require a novation be accomplished. (End of clause) 0 19. Amend section 52.204-13 by-- 0 a. Revising the date of the clause; 0 b. Amending paragraph (a) by-- 0 i. Removing the definitions ``Data Universal Numbering System (DUNS) number'' and ``Data Universal Numbering System +4 (DUNS+4)''; 0 ii. Adding, in alphabetical order, the definition ``Electronic Funds Transfer (EFT) indicator''; 0 iii. Revising paragraph (1) of the definition ``Registered in the System for Award Management (SAM) database''; and 0 iv. Adding, in alphabetical order, the definition ``Unique entity identifier''; and 0 c. Revising paragraph (c)(3). The revised and added text reads as follows: 52.204-13 System for Award Management Maintenance. * * * * * System for Award Management Maintenance (DATE) (a) * * * Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, non-profit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see the FAR at subpart 32.11) for the same entity. Registered in the System for Award Management (SAM) database means that-- (1) The Contractor has entered all mandatory information, including the unique entity identifier (if applicable) or the EFT indicator, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database; * * * * * Unique entity identifier means a number or other identifier used to identify a specific commercial, non-profit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers. * * * * * (c) * * * (3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at SAM for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting [[Page 72039]] 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 unique entity identifier does not necessarily require a novation be accomplished. * * * * * 0 20. Amend section 52.204-14 by-- 0 a. Revising the date of the clause; and 0 b. Removing from paragraph (f)(1)(i), ``DUNS number'' and adding ``unique entity identifier'' in its place. The revised text reads as follows: 52.204-14 Service Contract Reporting Requirements. * * * * * Service Contract Reporting Requirements (DATE) * * * * * 0 21. Amend section 52.204-15 by-- 0 a. Revising the date of the clause; and 0 b. Removing from paragraph (f)(1)(i) ``DUNS number'' and adding ``unique entity identifier'' in its place. The revised text reads as follows: 52.204-15 Service Contract Reporting Requirements for Indefinite- Delivery Contracts. * * * * * Service Contract Reporting Requirements for Indefinite-Delivery Contracts (DATE) * * * * * 0 22. Amend section 52.212-1 by revising the date of the provision and paragraph (j) to read as follows: 52.212-1 Instructions to Offerors--Commercial Items. * * * * * Instructions to Offerors-Commercial Items (DATE) * * * * * (j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``unique entity identifier''. The suffix is followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier assigned at the discretion of the offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at SAM for unique entity identifier establishment directly to obtain one. The offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at SAM for establishing the unique entity identifier. * * * * * 0 23. Amend section 52.212-3 by-- 0 a. Revising the date of the provision; and 0 b. Removing from paragraph (p) introductory text ``DUNS Number'' and adding ``unique entity identifier'' in its place. The revised text reads as follows: 52.212-3 Offeror Representations and Certifications-Commercial Items. * * * * * Offeror Representations and Certifications-Commercial Items (DATE) * * * * * 0 24. Amend section 52.212-5 by revising the date of the clause and paragraphs (b)(4), (b)(6), (b)(7), and (b)(17)(i) to read as follows: 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. * * * * * Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (DATE) * * * * * (b) * * * _ (4)52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (DATE) (Pub. L. 109-282) (31 U.S.C. 6101 note). * * * * * _ (6)52.204-14, Service Contract Reporting Requirements (DATE) (Pub. L. 111-117, section 743 of Div. C). _ (7)52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (DATE) (Pub. L. 111-117, section 743 of Div. C). * * * * * _ (17)(i)52.219-9, Small Business Subcontracting Plan (DATE) (15 U.S.C. 637(d)(4)). * * * * * 0 25. Amend section 52.213-4 by revising the date of the clause and paragraph (b)(1)(i) to read as follows: 52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items). * * * * * Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) (DATE) * * * * * (b) * * * (1) * * * (i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (DATE) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $25,000 or more). * * * * * 0 26. Amend section 52.219-9 by-- 0 a. Revising the date of the clause; 0 b. Removing from the introductory text of paragraph (d) ``offeror's'' and adding ``Offeror's'' in its place; 0 c. Removing from paragraph (d)(10) introductory text ``offeror'' and adding ``Offeror'' in its place; 0 d. Removing from paragraph (d)(10)(v) ``DUNS number,'' and ``the offeror's'' and adding ``unique entity identifier,'' and ``the Offeror's'' in their places, respectively; and 0 e. Removing from paragraph (d)(10)(vi) ``DUNS number,'' and adding ``unique entity identifier,'' in its place. The revised text reads as follows: 52.219-9 Small Business Subcontracting Plan. * * * * * Small Business Subcontracting Plan (DATE) * * * * * [FR Doc. 2015-29414 Filed 11-17-15; 8:45 am] BILLING CODE 6820-EP-P
![Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Proposed Rules 72035
compensation rate for small entities Secretariat at one of the addresses identifier used for Federal contractors
above the rate currently in effect. shown below on or before January 19, will be located. In addition, the
Similarly, if the Commission were to 2016 to be considered in the proposed rule establishes definitions of
amend its rules to authorize at-home formulation of a final rule. ‘‘unique entity identifier’’, and
interpreting for VRS, the impact of ADDRESSES: Submit comments in ‘‘electronic funds transfer (EFT)
existing VRS regulations on small response to FAR Case 2015–022 by any indicator’’.
entities could be reduced because of the following methods: In recent years, legislation has been
providers would have additional • Regulations.gov: http:// enacted (e.g., the Federal Funding
flexibility to structure their VRS www.regulations.gov. Submit comments Accountability and Transparency Act
operations so as to minimize cost and via the Federal eRulemaking portal by and the Digital Accountability and
maximize efficiency. searching for ‘‘FAR Case 2015–022’’. Transparency Act) that requires
40. Regarding the possible additional Select the link ‘‘Comment Now’’ that expanded identification of entities
record-keeping and reporting corresponds with FAR Case 2015–022. working with the Government and the
requirements that could be adopted if Follow the instructions provided at the development of standards, processes,
the Commission were to authorize ‘‘Comment Now’’ screen. Please include and policies to better trace Federal
skills-based routing, deaf interpreters, or your name, company name (if any), and dollars from appropriation to final
assignment of ten-digit numbers to ‘‘FAR Case 2015–022’’ on your attached outcomes or results. Creation and
hearing individuals using video phones, document. maintenance of data standards will
the Commission is seeking comment on • Mail: General Services facilitate collection and display of
the alternative of allowing providers to Administration, Regulatory Secretariat essential information. A data standard
choose whether to provide such features (MVCB), ATTN: Ms. Flowers, 1800 F for identification of entities receiving
and incur the associated compliance Street NW., 2nd Floor, Washington, DC Federal awards has been developed as
requirements. 20405. part of the implementation for the
Instructions: Please submit comments Digital Accountability and
F. Federal Rules Which Duplicate, Transparency Act and is available at
Overlap, or Conflict With, the only and cite FAR Case 2015–022, in all
correspondence related to this case. http://fedspendingtransparency
Commission’s Proposals .github.io/whitepapers/unique-id-
Comments received generally will be
41. None. posted without change to http:// business-name/.
Federal Communications Commission. www.regulations.gov, including any Going forward, the Federal
Government will establish a transparent
Marlene H. Dortch, personal and/or business confidential
process for exploring potential
Secretary. information provided. To confirm
alternatives to existing entity identifiers.
[FR Doc. 2015–29371 Filed 11–17–15; 8:45 am] receipt of your comment(s), please
Office of Management and Budget
check www.regulations.gov,
BILLING CODE 6712–01–P (OMB) and Treasury, in collaboration
approximately two to three days after
with the General Services
submission to verify posting (except
Administration and the Award
allow 30 days for posting of comments
DEPARTMENT OF DEFENSE Committee for E-Government will
submitted by mail).
establish a process for considering
GENERAL SERVICES FOR FURTHER INFORMATION CONTACT: Mr. options, including soliciting
ADMINISTRATION Edward Loeb, Procurement Analyst, at information about viable alternatives
202–501–0650, for clarification of from and reaching out about
NATIONAL AERONAUTICS AND content. For information pertaining to nonproprietary alternatives to all
SPACE ADMINISTRATION status or publication schedules, contact sectors, including private companies,
the Regulatory Secretariat at 202–501– nonprofits, and Federal government
48 CFR Parts 2, 4, 9, 12, 19 and 52 4755. Please cite FAR Case 2015–022. providers. This process will result in an
[FAR Case 2015–022; Docket No. 2015– SUPPLEMENTARY INFORMATION: analysis of alternatives for the unique
0022; Sequence No. 1] I. Background identification of entities working with
the Federal government while
RIN 9000–AN00 DoD, GSA, and NASA are proposing maintaining the statutory and regulatory
to amend the Federal Acquisition integrity protections for the needs of the
Federal Acquisition Regulation; Regulation (FAR) to re-designate the
Unique Identification of Entities various awarding communities (loans,
terminology for unique identification of financial assistance, procurement, etc.)
Receiving Federal Awards entities receiving Federal awards. The as well as transparency communities.
AGENCY: Department of Defense (DoD), change to the FAR will remove the The analysis of alternatives will include
General Services Administration (GSA), proprietary standard or number. Unique consideration of costs, implementation
and National Aeronautics and Space identification of such entities is critical considerations, and protections for
Administration (NASA). to ensure Federal dollars are awarded to Federal taxpayers. The analysis of
ACTION: Proposed rule. responsible parties, awardees are paid alternatives is anticipated to be
in a timely manner, and awards are completed in Fiscal Year (FY) 2017.
SUMMARY: DoD, GSA, and NASA are appropriately recorded and reported. Although the Government is not
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
proposing to amend the Federal This is currently accomplished through currently in a position to move away
Acquisition Regulation (FAR) to re- regulation (i.e., the FAR) using the from use of the DUNS number in the
designate the terminology for unique proprietary Data Universal Numbering short term, elimination of regulatory
identification of entities receiving System (DUNS®) number from Dun and references to a proprietary entity
Federal awards. The change to the FAR Bradstreet. This rule proposes to identifier will provide opportunities for
will remove the proprietary standard or eliminate references to the proprietary future competition that can reduce costs
number. standard or number and to provide to taxpayers. The current requirement
DATES: Interested parties should submit appropriate references to the Web site limits competition by using a
written comments to the Regulatory where information on the unique entity proprietary number and organization to
VerDate Sep<11>2014 18:24 Nov 17, 2015 Jkt 238001 PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 E:\FR\FM\18NOP1.SGM 18NOP1](https://thefederalregister.org/doc/80_FR_72257/page/1.svg)
![Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Proposed Rules 72037
and adding ‘‘unique entity identifier’’ in ■ b. Removing from paragraph (a)(2) 4.1804 [Amended]
its place. introductory text ‘‘DUNS number or, if ■ 11. Amend section 4.1804 by
The revised text reads as follows. applicable, the DUNS+4 number’’ and removing from paragraph (a)(1) ‘‘Data
adding ‘‘unique entity identifier’’ in its Universal Numbering System Number’’
4.605 Procedures.
place; and and adding ‘‘Unique Entity Identifier’’
* * * * * ■ c. Revising paragraphs (a)(3) and (d) to in its place.
(b) Unique entity identifier. The read as follows:
contracting officer shall identify and PART 9—CONTRACTOR
report a unique entity identifier for the 4.1103 Procedures. QUALIFICATIONS
successful offeror on a contract action. (a) * * *
The unique entity identifier shall (3) Need not verify registration before ■ 12. Amend section 9.404 by revising
correspond to the successful offeror’s placing an order or call if the contract paragraph (b)(6) to read as follows:
name and address as stated in the offer or agreement includes the provision at
9.404 System for Award Management
and resultant contract, and as registered 52.204–7, System for Award Exclusions.
in the System for Award Management Management, or the clause at 52.212–4,
Contract Terms and Conditions- * * * * *
database in accordance with the (b) * * *
provision at 52.204–7, System for Commercial Items, or a similar agency
(6) Unique Entity Identifier;
Award Management. The contracting clause, except when use of the
Governmentwide commercial purchase * * * * *
officer shall ask the offeror to provide its
unique entity identifier by using either card is contemplated as a method of
PART 12—ACQUISITION OF
the provision at 52.204–6, Unique Entity payment. (See 32.1108(b)(2)).
COMMERCIAL ITEMS
Identifier, the provision at 52.204–7, * * * * *
System for Award Management, or the (d) The contracting officer shall, on 12.301 [Amended]
provision at 52.212–1, Instructions to contractual documents transmitted to ■ 13. Amend section 12.301 by
Offerors—Commercial Items. (For a the payment office, provide the unique removing from paragraphs (d)(1) and (2)
discussion of the Commercial and entity identifier and, if applicable, the ‘‘DUNS Number’’ and adding ‘‘unique
Government Entity (CAGE) Code, which Electronic Funds Transfer indicator, in entity identifier’’ in their places.
is a different identifier, see subpart accordance with agency procedures.
4.18.) PART 19—SMALL BUSINESS
4.1402 [Amended] PROGRAMS
(c) Generic entity identifier. (1) The
use of a generic entity identifier should ■ 7. Amend section 4.1402 by removing
from paragraph (b), last sentence, 19.704 [Amended]
be limited, and only used in the
situations described in paragraph (c)(2) ‘‘DUNS number’’ and adding ‘‘entity ■ 14. Amend section 19.704 by
of this section. Use of a generic entity identifier’’ in its place. removing from the introductory text of
identifier does not supersede the paragraph (a) ‘‘must include’’ and
4.1705 [Amended]
requirements of either provisions adding ‘‘shall include’’ in its place; and
■ 8. Amend section 4.1705 by removing removing from paragraphs (a)(10)(v) and
52.204–6, Unique Entity Identifier or from paragraphs (a) and (b) ‘‘DUNS
52.204–7, System for Award (vi) ‘‘DUNS number’’ and adding
number’’ and adding ‘‘entity identifier’’ ‘‘unique entity identifier’’ in their
Management (if present in the in their places.
solicitation) for the contractor to have a places.
■ 9. Amend section 4.1800 by revising
unique entity identifier assigned. paragraph (b) to read as follows.
(2) Authorized generic entity PART 52—SOLICITATION PROVISIONS
identifiers, maintained by the Integrated 4.1800 Scope of subpart. AND CONTRACT CLAUSES
Award Environment (IAE) program * * * * * ■ 15. Revise section 52.204–6 to read as
office (http://www.gsa.gov/portal/ (b) For information on the unique follows.
content/105036), may be used to report entity identifier, which is a different
contracts in lieu of the contractor’s identifier, see 4.605 and the provisions 52.204–6 Unique Entity Identifier.
actual unique entity identifier only for— at 52.204–6, Unique Entity Identifier, As prescribed in 4.607(b), insert the
* * * * * and 52.204–7, System for Award following provision:
■ 5. Amend section 4.607 by— Management. Unique Entity Identifier (Date)
■ a. Removing from paragraph (b) ‘‘Data ■ 10. Amend section 4.1802 by:
■ a. Revising paragraph (a)(1); and
(a) Definitions.
Universal Numbering System Number’’ Electronic Funds Transfer (EFT) indicator,
and adding ‘‘Unique Entity Identifier’’ ■ b. Removing from paragraph (b)
as used in this provision, means a four-
in its place; and ‘‘DUNS Number’’ and adding ‘‘unique character suffix to the unique entity
■ b. Revising paragraph (c) to read as entity identifier’’ in its place. identifier. The suffix is assigned at the
follows. The revised text reads as follows: discretion of the commercial, non-profit, or
Government entity to establish additional
4.607 Solicitation provisions and contract 4.1802 Policy.
System for Award Management records for
clause. (a) * * * (1) Offerors shall provide identifying alternative EFT accounts (see
* * * * * the contracting officer the CAGE code subpart 32.11) for the same entity.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
(c) Insert the clause at 52.204–12, assigned to that offeror’s location prior Unique entity identifier, as used in this
Unique Entity Identifier Maintenance, to the award of a contract action above provision, means a number or other identifier
the micro-purchase threshold, when used to identify a specific commercial, non-
in solicitations and resulting contracts
there is a requirement to be registered in profit, or Government entity. See
that contain the provision at 52.204–6, www.sam.gov for the designated entity for
Unique Entity Identifier. the System for Award Management
establishing unique entity identifiers.
■ 6. Amend section 4.1103 by— (SAM) or a requirement to have a
(b) The Offeror shall enter, in the block
■ a. Removing from paragraph (a)(1) unique entity identifier in the with its name and address on the cover page
‘‘must register;’’ and adding ‘‘shall solicitation. of its offer, the annotation ‘‘Unique Entity
register;’’ in its place; * * * * * Identifier’’ followed by the unique entity
VerDate Sep<11>2014 18:24 Nov 17, 2015 Jkt 238001 PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 E:\FR\FM\18NOP1.SGM 18NOP1](https://thefederalregister.org/doc/80_FR_72257/page/3.svg)
![Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Proposed Rules 72039
Officer within 30 days after the change, so an and address. The Offeror also shall enter its Delivery Contracts (DATE) (Pub. L. 111–117,
appropriate modification can be issued to Electronic Funds Transfer (EFT) indicator, if section 743 of Div. C).
update the data on the contract. A change in applicable. The EFT indicator is a four- * * * * *
the unique entity identifier does not character suffix to the unique entity identifier l (17)(i)52.219–9, Small Business
necessarily require a novation be assigned at the discretion of the offeror to Subcontracting Plan (DATE) (15 U.S.C.
accomplished. establish additional SAM records for
637(d)(4)).
identifying alternative EFT accounts (see
* * * * * * * * * *
FAR subpart 32.11) for the same entity. If the
■ 20. Amend section 52.204–14 by— Offeror does not have a unique entity
■ a. Revising the date of the clause; and ■ 25. Amend section 52.213–4 by
identifier, it should contact the entity revising the date of the clause and
■ b. Removing from paragraph (f)(1)(i), designated at SAM for unique entity
‘‘DUNS number’’ and adding ‘‘unique paragraph (b)(1)(i) to read as follows:
identifier establishment directly to obtain
entity identifier’’ in its place. one. The offeror should indicate that it is an 52.213–4 Terms and Conditions—
The revised text reads as follows: offeror for a Government contract when Simplified Acquisitions (Other Than
contacting the entity designated at SAM for Commercial Items).
52.204–14 Service Contract Reporting establishing the unique entity identifier.
Requirements. * * * * *
* * * * *
* * * * * ■ 23. Amend section 52.212–3 by— Terms and Conditions-Simplified
■ a. Revising the date of the provision; Acquisitions (Other Than Commercial Items)
Service Contract Reporting (DATE)
and
Requirements (DATE) ■ b. Removing from paragraph (p) * * * * *
* * * * * introductory text ‘‘DUNS Number’’ and (b) * * *
■ 21. Amend section 52.204–15 by— adding ‘‘unique entity identifier’’ in its (1) * * *
■ a. Revising the date of the clause; and place. (i) 52.204–10, Reporting Executive
■ b. Removing from paragraph (f)(1)(i) The revised text reads as follows: Compensation and First-Tier Subcontract
‘‘DUNS number’’ and adding ‘‘unique Awards (DATE) (Pub. L. 109–282) (31 U.S.C.
entity identifier’’ in its place. 52.212–3 Offeror Representations and 6101 note) (Applies to contracts valued at
Certifications-Commercial Items. $25,000 or more).
The revised text reads as follows:
* * * * * * * * * *
52.204–15 Service Contract Reporting ■ 26. Amend section 52.219–9 by—
Requirements for Indefinite-Delivery Offeror Representations and Certifications-
Contracts. Commercial Items (DATE) ■ a. Revising the date of the clause;
* * * * * * * * * * ■ b. Removing from the introductory
■ 24. Amend section 52.212–5 by text of paragraph (d) ‘‘offeror’s’’ and
Service Contract Reporting Requirements for revising the date of the clause and adding ‘‘Offeror’s’’ in its place;
Indefinite-Delivery Contracts (DATE) paragraphs (b)(4), (b)(6), (b)(7), and ■ c. Removing from paragraph (d)(10)
* * * * * (b)(17)(i) to read as follows: introductory text ‘‘offeror’’ and adding
■ 22. Amend section 52.212–1 by ‘‘Offeror’’ in its place;
revising the date of the provision and 52.212–5 Contract Terms and Conditions
Required to Implement Statutes or ■ d. Removing from paragraph (d)(10)(v)
paragraph (j) to read as follows:
Executive Orders-Commercial Items. ‘‘DUNS number,’’ and ‘‘the offeror’s’’
52.212–1 Instructions to Offerors— * * * * * and adding ‘‘unique entity identifier,’’
Commercial Items. and ‘‘the Offeror’s’’ in their places,
Contract Terms and Conditions Required to
* * * * * respectively; and
Implement Statutes or Executive Orders-
Commercial Items (DATE) ■ e. Removing from paragraph
Instructions to Offerors-Commercial Items
(DATE) * * * * * (d)(10)(vi) ‘‘DUNS number,’’ and adding
(b) * * * ‘‘unique entity identifier,’’ in its place.
* * * * *
(j) Unique entity identifier. (Applies to all l (4)52.204–10, Reporting Executive The revised text reads as follows:
offers exceeding $3,500, and offers of $3,500 Compensation and First-Tier Subcontract
or less if the solicitation requires the Awards (DATE) (Pub. L. 109–282) (31 U.S.C. 52.219–9 Small Business Subcontracting
Contractor to be registered in the System for 6101 note). Plan.
Award Management (SAM) database.) The * * * * * * * * * *
Offeror shall enter, in the block with its name l (6)52.204–14, Service Contract Small Business Subcontracting Plan (DATE)
and address on the cover page of its offer, the Reporting Requirements (DATE) (Pub. L.
annotation ‘‘unique entity identifier’’. The 111–117, section 743 of Div. C). * * * * *
suffix is followed by the unique entity l (7)52.204–15, Service Contract [FR Doc. 2015–29414 Filed 11–17–15; 8:45 am]
identifier that identifies the Offeror’s name Reporting Requirements for Indefinite- BILLING CODE 6820–EP–P
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
VerDate Sep<11>2014 18:24 Nov 17, 2015 Jkt 238001 PO 00000 Frm 00058 Fmt 4702 Sfmt 9990 E:\FR\FM\18NOP1.SGM 18NOP1](https://thefederalregister.org/doc/80_FR_72257/page/5.svg)
Document Created: 2018-03-01 11:19:39
Document Modified: 2018-03-01 11:19:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Interested parties should submit written comments to the | |
| Contact | Mr. Edward Loeb, Procurement Analyst, at 202-501-0650, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501-4755. Please cite FAR Case 2015-022. | |
| FR Citation | 80 FR 72035 | |
| RIN Number | 9000-AN00 | |
| CFR Citation | 48
CFR
12 48 CFR 19 48 CFR 2 48 CFR 4 48 CFR 52 48 CFR 9 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR