Federal Acquisition Regulation; FAR Case 2005-007, Central Contractor Registration-Taxpayer Identification Number (TIN) Validation, 36923-36925 [06-5711]
Download as PDF
Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations
database does not contain the applicable
wage determination for a DBA contract
action, the CO must request a wage
determination by submitting SF–308 to
DOL.
The WDOL and e98 processes replace
the paper Standard Forms 98 and 98a.
In addition, Standard Forms 99, 98, and
98a are deleted from FAR Part 53. This
interim rule also incorporates new
geographical jurisdictions for DOL’s
Wage and Hour Regional Offices and
eliminates FAR references to the
Government Printing Office (GPO)
publication of general wage
determinations.
Dated: June 20, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
Item V—Free Trade Agreements—El
Salvador, Honduras, and Nicaragua
(FAR Case 2006–006) (Interim)
Dated: June 19, 2006.
Shay D. Assad,
Director, Defense Procurement and
Acquisition Policy.
This interim rule allows contracting
officers to purchase the goods and
services of El Salvador, Honduras, and
Nicaragua without application of the
Buy American Act, if the acquisition is
subject to the Free Trade Agreements.
The U.S. Trade Representative
negotiated the Dominican Republic—
Central America-United States Free
Trade Agreement with Costa Rica, El
Salvador, Guatemala, Honduras,
Nicaragua, and the Dominican Republic.
However, the agreements will not all
take effect at the same time. This
agreement with El Salvador, Honduras,
and Nicaragua joins the North American
Free Trade Agreement (NAFTA) and the
Australia, Chile, Morocco, and
Singapore Free Trade Agreements
which are already in the FAR. The
threshold for applicability of the
Dominican Republic—Central
America—United States Free Trade
Agreement is $64,786 for supplies and
services (the same as other Free Trade
Agreements to date except Morocco and
Canada) and $7,407,000 for construction
(the same as all other Free Trade
Agreements to date except NAFTA).
rwilkins on PROD1PC63 with RULES_3
Item VI—Buy-Back of Assets (FAR Case
2004–014)
This final rule amends the Federal
Acquisition Regulation (FAR) contract
cost principle for depreciation costs.
The final rule adds language which
addresses the allowability of
depreciation costs of reacquired assets
involved in a sale and leaseback
arrangement.
Item VII—Technical Amendments
Editorial changes are made at FAR
8.714, 33.102, and52.225–11 in order to
update references.
VerDate Aug<31>2005
17:14 Jun 27, 2006
Jkt 208001
Federal Acquisition Circular
Federal Acquisition Circular (FAC)
2005-10 is issued under the authority of
the Secretary of Defense, the
Administrator of General Services, and
the Administrator for the National
Aeronautics and Space Administration.
Unless otherwise specified, all
Federal Acquisition Regulation (FAR)
and other directive material contained
in FAC 2005-10 is effective, July 28,
2006 except for Items IV, V, and VII
which are effective June 28, 2006.
Dated: June 20, 2006.
Roger D. Waldron,
Acting Senior Procurement Executive, Office
of the Chief Acquisition Officer, General
Services Administration.
Dated: June 19, 2006.
Tom Luedtke,
Assistant Administrator for Procurement,
National Aeronautics and Space
Administration.
[FR Doc. 06–5712 Filed 6–27–06; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 4, and 52
[FAC 2005–10; FAR Case 2005–007; Item
I; Docket 2006–0020, Sequence 9]
RIN 9000–AK33
Federal Acquisition Regulation; FAR
Case 2005–007, Central Contractor
Registration—Taxpayer Identification
Number (TIN) Validation
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) have agreed on a final rule
amending the Federal Acquisition
Regulation (FAR) to include the process
of validating a Central Contractor
Registration (CCR) registrant’s taxpayer
PO 00000
Frm 00003
Fmt 4701
Sfmt 4700
36923
identification number (TIN) with the
Internal Revenue Service (IRS) to
improve the quality of data in the
Federal procurement system.
Additionally, the amendment removes
outdated language requiring
modifications of contracts prior to
December 31, 2003, regarding CCR.
DATES: Effective Date: July 28, 2006.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Michael O. Jackson, Procurement
Analyst, at (202) 208–4949. Please cite
FAC 2005–10, FAR case 2005–007. For
information pertaining to status or
publication schedules, contact the FAR
Secretariat at (202) 501–4755.
SUPPLEMENTARY INFORMATION:
A. Background
Vendor registration in the CCR as a
pre-requisite for receiving a contract has
been required in the Department of
Defense since 1998, and in civilian
agencies since 2003. Since CCR’s
inception, validation of a registrant’s
TIN with the IRS has been contemplated
in order to improve the quality of data
throughout the Federal procurement
system. This capability, although
actively pursued, was never
implemented as the Internal Revenue
Code (I.R.C.) restricted disclosure of
TINs without the taxpayer’s consent,
which due to technology at the time,
would have been costly and inefficient
to pursue. However, in its Fall 2004
‘‘Report to Senate Committee on
Governmental Affairs Permanent
Subcommittee on Investigations,’’ the
Federal Contractor Tax Compliance
Task Force (which included the Office
of Management and Budget, the
Department of Treasury, the Department
of Defense, the General Services
Administration, the Department of
Justice, and the IRS) recommended that
‘‘... a consent-based TIN validation
under I.R.C. § 6103 should be
instituted.’’ The capability for an event
driven, near real-time, or real-time, webbased solution integrating the CCR with
an IRS validation is now possible due to
advances in technology. The Task Force
recommended updating the FAR to
specifically identify the validation of
the TIN as a part of CCR registration. In
August 2005, a computer matching
agreement was established between the
IRS, as manager of the TIN database;
GSA, as manager of the Integrated
Acquisition Environment (IAE) Federal
eGov initiative; and DOD, as executive
agent for CCR.
Additionally, FAR Subpart 4.11,
Central Contractor Registration, contains
language that was included when this
subpart was implemented in the FAR in
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rwilkins on PROD1PC63 with RULES_3
36924
Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations
2003. This outdated language required
modifications of contracts by December
31, 2003, to include CCR registration
requirements. As this date is past, the
case removes the associated language.
This final rule amends the Federal
Acquisition Regulation by—
1. Modifying Subpart 2.101 to
indicate that the validation requirement
for ‘‘registered in CCR’’ includes TIN
matching.
2. Removing FAR section 4.1103(a)(3),
(a)(3)(i)-(ii) and a part of 4.1104 to
remove the language requiring action by
December 31, 2003.
3. Adding detail to FAR 52.204–7,
Central Contractor Registration, to
specifically identify validation of the
TIN as a part of the definition
‘‘Registered in the CCR Database,’’ and
to indicate that consent is part of that
process.
4. Removing Alternate I to FAR
52.204–7, Central Contractor
Registration.
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
70 FR 60782, October 19, 2005. The
Councils received two public comments
in response to the proposed rule.
1. Comment: One commenter
indicated that the language in the
preamble under the Summary paragraph
should read: ‘‘... CCR) registrant’s
taxpayer identification number with the
Internal Revenue Service to improve the
quality of data in both the CCR and the
Federal Procurement Data System—
Next Generation (FPDS-NG’’)
Vice the original language:
‘‘... CCR) registrant’s taxpayer
identification number with the Internal
Revenue Service to improve data
accuracy in the Federal procurement
system.’’
Disposition: The Councils agree that
the rule improves the quality of data.
For clarification, FPDS-NG does not
retain the Taxpayer Identification
Number (TIN), and the validation
process does not involve the FPDS-NG
system.
2. Comment: One commenter
suggested that the General Services
Administration include a mechanism to
be used in the event that an employer
is unable to receive validation for its
taxpayer identification number (TIN)
during the Central Contractor
Registration (CCR) process. He stated a
conditional registration may be in order
until the contractor in concert with the
GSA and IRS can determine the error. If
a contractor is unable to obtain the TIN
validation, a process for resolving the
matter should be laid out for them
online. A conditional registration
should be allowed for participation in a
bid so long as the contractor can show
VerDate Aug<31>2005
17:14 Jun 27, 2006
Jkt 208001
the TIN was valid at the time it applied
for registration. Due to potential delays
involving the interaction of two major
agency computer systems, it seems
reasonable that some safeguard should
be in place for contractors, especially
first time registrants that are likely to be
smaller firms. The commenter asked
that this issue be addressed by the
Councils in its final rulemaking.
Disposition: The intent of the rule is
to make sure that the TIN an entity
places in CCR is the same one that is
designated by the IRS. A new CCR
registration takes approximately 48
hours to process. Vendors with
questions or comments relating to TIN
matching or the registration process may
contact the CCR Assistance Center at
https://www.ccr.gov/help.asp or 888–
227–2423. Vendors with general
questions relating to TINs, or questions
relating to a specific TIN, should contact
the IRS. The Council will suggest the
resolution of registration delays due to
TIN matching to be addressed online in
the CCR FAQs. While contractors may
not receive an award without a valid
CCR registration (see FAR 4.1102(a)),
they may participate in the bid process,
which the Councils deem to be an
adequate mechanism.
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
Dated: June 20, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
B. Regulatory Flexibility Act
I
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, et seq., as no new
requirements are being placed on the
vendor community. No comments on
this issue were received from small
business concerns or other interested
parties.
I
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FAR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
List of Subjects in 48 CFR Parts 2, 4,
and 52
Government procurement.
PO 00000
Frm 00004
Fmt 4701
Sfmt 4700
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 2, 4, and 52 as set
forth below:
I 1. The authority citation for 48 CFR
parts 2, 4, and 52 continues to read as
follows:
I
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
PART 2—DEFINITIONS OF WORDS
AND TERMS
2. Amend section 2.101 in paragraph
(b)(2) by revising paragraph (2) of the
definition ‘‘Registered in the CCR
database’’ to read as follows:
I
2.101
Definitions.
*
*
*
*
*
(b) * * *
(2) * * *
Registered in the CCR database means
that—
(1) * * *
(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.
*
*
*
*
*
PART 4—ADMINISTRATIVE MATTERS
3. Amend section 4.1103 by—
a. Revising paragraph (a)(1);
I b. Removing paragraph (a)(3);
I c. Redesignating paragraph (b) as
paragraph (a)(3); and
I d. Redesignating paragraphs (c), (d),
and (e) as paragraphs (b), (c), and (d),
respectively.
I The revised text reads as follows:
4.1103
Procedures.
(a) * * *
(1) Shall verify that the prospective
contractor is registered in the CCR
database (see paragraph (b) of this
section) before awarding a contract or
agreement. Contracting officers are
encouraged to check the CCR early in
the acquisition process, after the
competitive range has been established,
and then communicate to the
unregistered offerors that they must
register;
*
*
*
*
*
4.1104
[Amended]
4. Amend section 4.1104 by removing
the last sentence.
I
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Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
5. Amend section 52.204–7 by—
a. Revising the date of the clause;
b. Revising paragraph (a)(2) of the
definition ‘‘Registered in the CCR
database‘‘; and
I c. Removing Alternate I.
I The revised and added text reads as
follows:
I
I
I
52.204–7
*
*
A. Background
Central Contractor Registration.
*
*
*
CENTRAL CONTRACTOR REGISTRATION
(JUL 2006)
(a) * * *
Registered in the CCR database means
that—
(1) * * *
(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.
*
*
*
*
*
[FR Doc. 06–5711 Filed 6–27–06; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 10 and 19
[FAC 2005–10; FAR Case 2006–003; Item
II; Docket 2006–0020, Sequence 12]
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
rwilkins on PROD1PC63 with RULES_3
AGENCIES:
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) have agreed on a final rule
amending the Federal Acquisition
Regulation (FAR) to provide internal
procedures to cover situations when the
FAR requires interaction with a
procurement center representative and
one has not been assigned to the
procuring activity or contract
administration office.
DATES: Effective Date: July 28, 2006.
17:14 Jun 27, 2006
Jkt 208001
This final rule amends the Federal
Acquisition Regulation to provide
internal procedures to cover situations
when the FAR requires interaction with
a Small Business Administration
procurement center representative and
one has not been assigned to the
procuring activity or contract
administration office.
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule. This final rule
does not constitute a significant FAR
revision within the meaning of FAR
1.501 and Public Law 98–577, and
publication for public comments is not
required. However, the Councils will
consider comments from small entities
concerning the affected FAR Parts 10
and 19 in accordance with 5 U.S.C. 610.
Interested parties must submit such
comments separately and should cite 5
U.S.C. 601, et seq. (FAC 2005–10, FAR
case 2006–003), in correspondence.
C. Paperwork Reduction Act
Federal Acquisition Regulation; FAR
Case 2006–003, Procedures Related to
Procurement Center Representatives
VerDate Aug<31>2005
For
clarification of content, contact Ms.
Rhonda Cundiff, Procurement Analyst,
at (202) 501–0044. Please cite FAC
2005–10, FAR case 2006–003. For
information pertaining to status or
publication schedules, contact the FAR
Secretariat at (202) 501–4755.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
The Paperwork Reduction Act does
not apply because the changes to the
FAR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
List of Subjects in 48 CFR Parts 10 and
19
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 10 and 19 as set
forth below:
I 1. The authority citation for 48 CFR
parts 10 and 19 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
Frm 00005
Fmt 4701
Sfmt 4700
2. Amend section 10.001 by revising
paragraph (c)(1) to read as follows:
I
10.001
Policy.
*
*
*
*
*
(c) * * *
(1) When performing market research,
should consult with the local Small
Business Administration procurement
center representative (PCR). If a PCR is
not assigned, see 19.402 (a); and
*
*
*
*
*
PART 19—SMALL BUSINESS
PROGRAMS
3. Amend section 19.201 by revising
the introductory text of paragraph (d)(5)
to read as follows:
I
19.201
General Policy.
*
*
*
*
*
(d) * * *
(5) Work with the SBA procurement
center representative (or, if a
procurement center representative is not
assigned, see 19.402(a)) to—
*
*
*
*
*
I 4. Amend section 19.202–1 by
revising the introductory text of
paragraph (e)(1) and paragraph (e)(4) to
read as follows:
19.202–1 Encouraging small business
participation in acquisitions.
*
*
*
*
*
(e)(1) Provide a copy of the proposed
acquisition package to the SBA
procurement center representative (or, if
a procurement center representative is
not assigned, see 19.402(a)) at least 30
days prior to the issuance of the
solicitation if—
*
*
*
*
*
(4) If the contracting officer rejects the
SBA representative’s recommendation
made in accordance with 19.402(c)(2),
the contracting officer shall document
the basis for the rejection and notify the
SBA representative in accordance with
19.505.
I 5. Amend section 19.202–2 by
revising the last sentence in paragraph
(a) to read as follows:
Locating small business
*
I
PO 00000
PART 10—MARKET RESEARCH
19.202–2
sources.
Government procurement.
Dated: June 20, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
36925
*
*
*
*
(a) * * * This effort should include
contacting the SBA procurement center
representative (or, if a procurement
center representative is not assigned, see
19.402(a)).
*
*
*
*
*
I 6. Amend section 19.402 by
redesignating paragraph (a) as (a)(1);
adding a new paragraph (a)(2); revising
paragraph (b); and revising the second
E:\FR\FM\28JNR3.SGM
28JNR3
Agencies
[Federal Register Volume 71, Number 124 (Wednesday, June 28, 2006)]
[Rules and Regulations]
[Pages 36923-36925]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5711]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, and 52
[FAC 2005-10; FAR Case 2005-007; Item I; Docket 2006-0020, Sequence 9]
RIN 9000-AK33
Federal Acquisition Regulation; FAR Case 2005-007, Central
Contractor Registration--Taxpayer Identification Number (TIN)
Validation
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to include the
process of validating a Central Contractor Registration (CCR)
registrant's taxpayer identification number (TIN) with the Internal
Revenue Service (IRS) to improve the quality of data in the Federal
procurement system. Additionally, the amendment removes outdated
language requiring modifications of contracts prior to December 31,
2003, regarding CCR.
DATES: Effective Date: July 28, 2006.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Michael O. Jackson, Procurement Analyst, at (202) 208-4949. Please
cite FAC 2005-10, FAR case 2005-007. For information pertaining to
status or publication schedules, contact the FAR Secretariat at (202)
501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
Vendor registration in the CCR as a pre-requisite for receiving a
contract has been required in the Department of Defense since 1998, and
in civilian agencies since 2003. Since CCR's inception, validation of a
registrant's TIN with the IRS has been contemplated in order to improve
the quality of data throughout the Federal procurement system. This
capability, although actively pursued, was never implemented as the
Internal Revenue Code (I.R.C.) restricted disclosure of TINs without
the taxpayer's consent, which due to technology at the time, would have
been costly and inefficient to pursue. However, in its Fall 2004
``Report to Senate Committee on Governmental Affairs Permanent
Subcommittee on Investigations,'' the Federal Contractor Tax Compliance
Task Force (which included the Office of Management and Budget, the
Department of Treasury, the Department of Defense, the General Services
Administration, the Department of Justice, and the IRS) recommended
that ``... a consent-based TIN validation under I.R.C. Sec. 6103
should be instituted.'' The capability for an event driven, near real-
time, or real-time, web-based solution integrating the CCR with an IRS
validation is now possible due to advances in technology. The Task
Force recommended updating the FAR to specifically identify the
validation of the TIN as a part of CCR registration. In August 2005, a
computer matching agreement was established between the IRS, as manager
of the TIN database; GSA, as manager of the Integrated Acquisition
Environment (IAE) Federal eGov initiative; and DOD, as executive agent
for CCR.
Additionally, FAR Subpart 4.11, Central Contractor Registration,
contains language that was included when this subpart was implemented
in the FAR in
[[Page 36924]]
2003. This outdated language required modifications of contracts by
December 31, 2003, to include CCR registration requirements. As this
date is past, the case removes the associated language.
This final rule amends the Federal Acquisition Regulation by--
1. Modifying Subpart 2.101 to indicate that the validation
requirement for ``registered in CCR'' includes TIN matching.
2. Removing FAR section 4.1103(a)(3), (a)(3)(i)-(ii) and a part of
4.1104 to remove the language requiring action by December 31, 2003.
3. Adding detail to FAR 52.204-7, Central Contractor Registration,
to specifically identify validation of the TIN as a part of the
definition ``Registered in the CCR Database,'' and to indicate that
consent is part of that process.
4. Removing Alternate I to FAR 52.204-7, Central Contractor
Registration.
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 70 FR 60782, October 19, 2005. The Councils received two
public comments in response to the proposed rule.
1. Comment: One commenter indicated that the language in the
preamble under the Summary paragraph should read: ``... CCR)
registrant's taxpayer identification number with the Internal Revenue
Service to improve the quality of data in both the CCR and the Federal
Procurement Data System--Next Generation (FPDS-NG'')
Vice the original language:
``... CCR) registrant's taxpayer identification number with the
Internal Revenue Service to improve data accuracy in the Federal
procurement system.''
Disposition: The Councils agree that the rule improves the quality
of data. For clarification, FPDS-NG does not retain the Taxpayer
Identification Number (TIN), and the validation process does not
involve the FPDS-NG system.
2. Comment: One commenter suggested that the General Services
Administration include a mechanism to be used in the event that an
employer is unable to receive validation for its taxpayer
identification number (TIN) during the Central Contractor Registration
(CCR) process. He stated a conditional registration may be in order
until the contractor in concert with the GSA and IRS can determine the
error. If a contractor is unable to obtain the TIN validation, a
process for resolving the matter should be laid out for them online. A
conditional registration should be allowed for participation in a bid
so long as the contractor can show the TIN was valid at the time it
applied for registration. Due to potential delays involving the
interaction of two major agency computer systems, it seems reasonable
that some safeguard should be in place for contractors, especially
first time registrants that are likely to be smaller firms. The
commenter asked that this issue be addressed by the Councils in its
final rulemaking.
Disposition: The intent of the rule is to make sure that the TIN an
entity places in CCR is the same one that is designated by the IRS. A
new CCR registration takes approximately 48 hours to process. Vendors
with questions or comments relating to TIN matching or the registration
process may contact the CCR Assistance Center at https://www.ccr.gov/
help.asp or 888-227-2423. Vendors with general questions relating to
TINs, or questions relating to a specific TIN, should contact the IRS.
The Council will suggest the resolution of registration delays due to
TIN matching to be addressed online in the CCR FAQs. While contractors
may not receive an award without a valid CCR registration (see FAR
4.1102(a)), they may participate in the bid process, which the Councils
deem to be an adequate mechanism.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The 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, et seq., as no new requirements are
being placed on the vendor community. No comments on this issue were
received from small business concerns or other interested parties.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Parts 2, 4, and 52
Government procurement.
Dated: June 20, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, and 52 as set
forth below:
0
1. The authority citation for 48 CFR parts 2, 4, and 52 continues to
read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 2--DEFINITIONS OF WORDS AND TERMS
0
2. Amend section 2.101 in paragraph (b)(2) by revising paragraph (2) of
the definition ``Registered in the CCR database'' to read as follows:
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
Registered in the CCR database means that--
(1) * * *
(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.
* * * * *
PART 4--ADMINISTRATIVE MATTERS
0
3. Amend section 4.1103 by--
0
a. Revising paragraph (a)(1);
0
b. Removing paragraph (a)(3);
0
c. Redesignating paragraph (b) as paragraph (a)(3); and
0
d. Redesignating paragraphs (c), (d), and (e) as paragraphs (b), (c),
and (d), respectively.
0
The revised text reads as follows:
4.1103 Procedures.
(a) * * *
(1) Shall verify that the prospective contractor is registered in
the CCR database (see paragraph (b) of this section) before awarding a
contract or agreement. Contracting officers are encouraged to check the
CCR early in the acquisition process, after the competitive range has
been established, and then communicate to the unregistered offerors
that they must register;
* * * * *
4.1104 [Amended]
0
4. Amend section 4.1104 by removing the last sentence.
[[Page 36925]]
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
5. Amend section 52.204-7 by--
0
a. Revising the date of the clause;
0
b. Revising paragraph (a)(2) of the definition ``Registered in the CCR
database``; and
0
c. Removing Alternate I.
0
The revised and added text reads as follows:
52.204-7 Central Contractor Registration.
* * * * *
CENTRAL CONTRACTOR REGISTRATION (JUL 2006)
(a) * * *
Registered in the CCR database means that--
(1) * * *
(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.
* * * * *
[FR Doc. 06-5711 Filed 6-27-06; 8:45 am]
BILLING CODE 6820-EP-S