81 FR 67736 - Federal Acquisition Regulation; Unique Identification of Entities Receiving Federal Awards

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range67736-67763
FR Document2016-23198

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to redesignate the terminology for unique identification of entities receiving Federal awards. The change to the FAR removes the proprietary standard or number.

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67736-67763]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23198]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 9, 12, 19, 52, and 53

[FAC 2005-91; FAR Case 2015-022; Item V; 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: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to redesignate the terminology for 
unique identification of entities receiving Federal awards. The change 
to the FAR removes the proprietary standard or number.

DATES: Effective: October 31, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement 
Analyst, at 202-969-7207 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite FAC 2005-91, FAR Case 
2015-022.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 80 FR 72035 on November 18, 2015, to redesignate the 
terminology for unique identification of entities receiving Federal 
awards. The change to the FAR eliminates references to the proprietary 
Data Universal Numbering System (DUNS[supreg]) number, and provides 
appropriate references to the Web site where information on the unique 
entity identifier used for Federal contractors will be located. This 
final rule also establishes definitions of ``unique entity 
identifier'', and ``electronic funds transfer (EFT) indicator''. Ten 
respondents submitted comments on the proposed rule.

II. Discussion and Analysis

    The Civilian Agency Acquisition Council and the Defense Acquisition 
Regulations Council (the Councils) reviewed the comments in the 
development of the final rule. All ten respondents agreed with the 
rule. No changes were made to the rule as a result of those comments. A 
discussion of the comments is provided as follows:

A. Analysis of Public Comments

1. Alternatives to and Considerations for the Evaluation of a 
Nonproprietary Entity Identifier
    Comment: Six respondents provided an alternative to the current 
entity identifier (e.g., Legal Entity Identifier (LEI), Contractor and 
Government Entity (CAGE) code) and four respondents provided additional 
considerations for the evaluation of alternatives for the entity 
identifier.
    Response: The scope of this rule is limited to removing the 
proprietary standard or number. The Office of Management and Budget 
(OMB) and the Department of Treasury, in collaboration with the General 
Services Administration and the Award Committee for E-Government, are 
establishing a process for considering alternatives to existing entity 
identifiers, including soliciting information about viable options from 
and reaching out about nonproprietary alternatives to all sectors, 
including private companies, nonprofits, and Federal Government

[[Page 67737]]

providers. The analysis of the alternatives for the entity identifier 
and the analysis of considerations for the evaluation of alternatives 
for the entity identifier are beyond the scope of the case. However, 
the FAR Council will share these recommendations with the agencies 
conducting the analysis and implementing the changes.
2. Challenges to Statements Made in the Proposed Rule Federal Register 
Preamble
    Comment: One respondent believed that the statement that the 
``current requirement limits competition by using a proprietary number 
and organization to meet the identification need as well as the need 
for other business information associated with that number'' 
incorrectly suggests that the business information is only accessible 
through usage of the DUNS number. This respondent also challenged the 
assertion that the Government is not currently in a position to move 
away from use of the DUNS number in the short term. This respondent 
recommended that Government agencies consider expanding their 
acquisitions of business information services through competitive 
procurements.
    Response: There is nothing in the FAR linking business information 
services to the use of the DUNS number. Agencies are free to procure 
business information services as deemed appropriate. Regarding the 
short term ability of the Government to move away from the use of the 
DUNS number, the Government is in the process of determining 
requirements. The unique entity identifier provides multiple pieces of 
business information and serves multiple functions. Analysis will be 
conducted to ensure the replacement satisfies the full range of 
information needed. The Government is establishing a process for 
considering alternatives to existing entity identifiers, including 
soliciting information about viable options from and reaching out about 
nonproprietary alternatives to all sectors, including private 
companies, nonprofits, and Federal government providers. The analysis 
of alternatives is anticipated to be completed in fiscal year 2017. The 
scope of this rule is limited to removing the proprietary standard or 
number hence removing the impediment in anticipation of the change. The 
Government is interested in reducing cost and that is the reason we are 
pursuing this case. Recommendations regarding business information 
services are beyond the scope of the case.

B. Other Changes

    Conforming changes were made to the following forms: Standard Forms 
294, 330, and 1447, and Optional Form 307. These form changes will be 
made to be ``Previous Edition Usable'' in order to avoid Government 
agencies and Federal contractors having to make unnecessary system 
changes to accommodate nonsubstantive changes to forms.

III. 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.

IV. Regulatory Flexibility Act

    DoD, GSA, and NASA have prepared a Final Regulatory Flexibility 
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5 
U.S.C. 601, et seq. The FRFA is summarized as follows:

    The rule removes 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 in the FAR by using the 
proprietary Data Universal Numbering System (DUNS[supreg]) number 
from Dun and Bradstreet. This rule eliminates references to the 
proprietary standard or number, and provides 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.
    No public comments were submitted in response to the initial 
regulatory flexibility analysis.
    The final 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.
    There are no known significant alternative approaches to the 
rule that would meet the requirements.

    Interested parties may obtain a copy of the FRFA from the 
Regulatory Secretariat. The Regulatory Secretariat has submitted a copy 
of the FRFA to the Chief Counsel for Advocacy of the Small Business 
Administration.

V. 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, 52, and 53

    Government procurement.

    Dated: September 19, 2016.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 9, 12, 19, 
52, and 53 as set forth below:

0
1. The authority citation for 48 CFR parts 2, 4, 9, 12, 19, 52, and 53 
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 revisions and additions read as follows:

[[Page 67738]]

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, nonprofit, or Government entity to 
establish additional System for Award Management records for 
identifying alternative 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, nonprofit, 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, the 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 (2) introductory text; and 
removing from paragraph (c)(2)(i)(C) ``DUNS number'' and adding 
``unique entity identifier'' in its place.
    The revisions read 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 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 the introductory text of paragraph (a)(2) ``DUNS 
number or, if applicable, the DUNS+4 number,'' and adding ``unique 
entity identifier'' in its place;
0
c. Adding to the end of paragraph (a)(2)(i) ``or''; and
0
d. 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 revising paragraph (a)(1) and removing from 
paragraph (b) ``DUNS Number'' and adding ``unique entity identifier'' 
in its place.
    The revision 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.

[[Page 67739]]

PART 9--CONTRACTOR QUALIFICATIONS


9.404   [Amended]

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 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 (Oct 2016)

    (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, nonprofit, 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 means a number or other identifier used 
to identify a specific commercial, nonprofit, 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 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 www.sam.gov 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 provision heading and the date of the provision;
0
b. Amending paragraph (a) by--
0
1. Removing the definitions ``Data Universal Numbering System (DUNS) 
number'' and ``Data Universal Numbering System +4 (DUNS+4) number'';
0
2. Adding, in alphabetical order, the definition ``Electronic Funds 
Transfer (EFT) indicator'';
0
3. Revising paragraph (1) of the definition ``Registered in the System 
for Award Management (SAM) database''; and
0
4. 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 revisions and additions read as follows:


52.204-7  System for Award Management.

* * * * *

System for Award Management

    (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, nonprofit, or Government entity to 
establish additional System for Award Management records for 
identifying alternative EFT accounts (see 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, nonprofit, 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 www.sam.gov 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).
* * * * *


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 revision reads as follows:


52.204-10  Reporting Executive Compensation and First-Tier Subcontract 
Awards.

* * * * *

Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 
2016)

* * * * *

0
18. Revise section 52.204-12 to read as follows:


52.204-12  Unique Entity Identifier Maintenance.

    As prescribed in 4.607(c), insert the following clause:

Unique Entity Identifier Maintenance (Oct 2016)

    (a) Definition. Unique entity identifier, as used in this 
clause, means a number or other identifier used to identify a 
specific commercial, nonprofit, 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

[[Page 67740]]

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
1. Removing the definitions ``Data Universal Numbering System (DUNS) 
number'' and ``Data Universal Numbering System +4 (DUNS+4) number'';
0
2. Adding, in alphabetical order, the definition ``Electronic Funds 
Transfer (EFT) indicator'';
0
3. Revising paragraph (1) of the definition ``Registered in the System 
for Award Management (SAM) database''; and
0
4. Adding, in alphabetical order, the definition ``Unique entity 
identifier''; and
0
c. Revising paragraph (c)(3);
    The revisions and additions read as follows:


52.204-13  System for Award Management Maintenance.

* * * * *

System for Award Management Maintenance (Oct 2016)

    (a) Definitions. * * *
    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, nonprofit, or Government entity to 
establish additional System for Award Management (SAM) records for 
identifying alternative EFT accounts (see 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 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, nonprofit, 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 www.sam.gov 
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.
* * * * *
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 revision reads as follows:


52.204-14  Service Contract Reporting Requirements.

* * * * *

Service Contract Reporting Requirements (Oct 2016)

* * * * *

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 revision reads as follows:


52.204-15  Service Contract Reporting Requirements for Indefinite-
Delivery Contracts.

* * * * *

Service Contract Reporting Requirements for Indefinite-Delivery 
Contracts (Oct 2016)

* * * * *

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 (Oct 2016)

* * * * *
    (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'' 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. The suffix is assigned at the discretion of the Offeror 
to establish additional SAM records for identifying alternative EFT 
accounts (see subpart 32.11) for the same entity. If the Offeror 
does not have a unique entity identifier, it should contact the 
entity designated at www.sam.gov 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 www.sam.gov 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 the introductory text of paragraph (p) ``DUNS Number'' 
and adding ``unique entity identifier'' in its place.
    The revision reads as follows:


52.212--3  Offeror Representations and Certifications--Commercial 
Items.

* * * * *

Offeror Representations and Certifications--Commercial Items (Oct 2016)

* * * * *

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 (Oct 2016)

* * * * *
    (b) * * *
    __ (4) 52.204-10, Reporting Executive Compensation and First-
Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 
note).
* * * * *
    __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 
2016) (Pub. L. 111-117, section 743 of Div. C).
    __ (7) 52.204-15, Service Contract Reporting Requirements for 
Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 
743 of Div. C).
* * * * *
    __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 
2016) (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) (Oct 2016)

* * * * *
    (b) * * *
    (1) * * *
    (i) 52.204-10, Reporting Executive Compensation and First-Tier 
Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31

[[Page 67741]]

U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).
* * * * *

0
26. Amend section 52.219-9 by--
0
a. Revising the section heading;
0
b. Revising the date of the clause;
0
c. Removing from paragraph (d)(10)(vi) ``DUNS number,'' and adding 
``unique entity identifier,'' in its place.
    The revisions read as follows:


52.219-9  Small Business Subcontracting Plan.

* * * * *

Small Business Subcontracting Plan (Oct 2016)

* * * * *

PART 53--FORMS


53.214   [Amended]

0
27. Amend section 53.214 by removing from paragraph (d) ``SF 1447 (Rev. 
2/2012)'' and adding ``SF 1447 (Rev. 8/2016)'' in its place.


53.215-1   [Amended]

0
28. Amend section 53.215-1 by removing from paragraph (e) ``OF 307 (9/
97)'' and adding ``OF 307 (Rev. 8/2016)'' in its place.


53.219   [Amended]

0
29. Amend section 53.219 by removing from the paragraph ``(Rev. 10/
2015)'' and adding ``(Rev. 8/2016)'' in its place.


53.236-2   [Amended]

0
30. Amend section 53.236-2 by removing from paragraph (b) ``SF 330 
(Rev. 3/2013)'' and adding ``SF 330 (Rev. 8/2016)'' in its place.

0
31. Revise section 53.301-294 to read as follows:


53.301-294  Subcontracting Report for Individual Contracts.

BILLING CODE 6820-EP-P

[[Page 67742]]

[GRAPHIC] [TIFF OMITTED] TR30SE16.004


[[Page 67743]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.005


[[Page 67744]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.006


[[Page 67745]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.007


0
32. Revise section 53.301-330 to read as follows:


53.301-330  Architect-Engineer Qualifications.

[[Page 67746]]

[GRAPHIC] [TIFF OMITTED] TR30SE16.008


[[Page 67747]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.009


[[Page 67748]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.010


[[Page 67749]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.011


[[Page 67750]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.012


[[Page 67751]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.013


[[Page 67752]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.014


[[Page 67753]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.015


[[Page 67754]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.016


[[Page 67755]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.017


[[Page 67756]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.018


[[Page 67757]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.019


[[Page 67758]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.020


[[Page 67759]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.021


0
33. Revise section 53.301-1447 to read as follows:


53.301-1447  Solicitation/Contract.

[[Page 67760]]

[GRAPHIC] [TIFF OMITTED] TR30SE16.022


[[Page 67761]]


[GRAPHIC] [TIFF OMITTED] TR30SE16.023


0
34. Revise section 53.302-307 to read as follows:


53.302-307  Optional Form 307, Contract Award.

[[Page 67762]]

[GRAPHIC] [TIFF OMITTED] TR30SE16.024


[[Page 67763]]


[FR Doc. 2016-23198 Filed 9-29-16; 8:45 am]
 BILLING CODE 6820-EP-C


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective: October 31, 2016.
ContactMs. Zenaida Delgado, Procurement Analyst, at 202-969-7207 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FAC 2005-91, FAR Case 2015-022.
FR Citation81 FR 67736 
RIN Number9000-AN00
CFR Citation48 CFR 12
48 CFR 19
48 CFR 2
48 CFR 4
48 CFR 52
48 CFR 53
48 CFR 9

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