Defense Federal Acquisition Regulation Supplement; Contract Reporting (DFARS Case 2007-D006), 37644-37645 [E9-17946]

Download as PDF 37644 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations Do not use this code for contracts or agreements with provisions for orders or calls—H * * * * * (b) Illustration of PII number. The following illustrates a properly configured PII number: PART 217—SPECIAL CONTRACTING METHODS SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address DoD requirements for reporting of contract actions in the Federal Procurement Data System. DATES: Effective Date: July 29, 2009. FOR FURTHER INFORMATION CONTACT: Mr. Julian Thrash, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone 703–602–0310; facsimile 703–602–7887. Please cite DFARS Case 2007–D006. SUPPLEMENTARY INFORMATION: contractors or offerors, or a significant effect beyond the internal operating procedures of DoD. Therefore, publication for public comment under 41 U.S.C. 418b is not required. However, DoD will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2007–D006. 217.207 Exercise of options. (c) In addition to the requirements at FAR 17.207(c), exercise an option only after determining that the contractor’s record in the Central Contractor Registration database is active and the contractor’s Data Universal Numbering System (DUNS) number, Commercial and Government Entity (CAGE) code, name, and physical address are accurately reflected in the contract document. [FR Doc. E9–17952 Filed 7–28–09; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 204, 219, and 253 sroberts on DSKD5P82C1PROD with RULES RIN 0750–AF77 Defense Federal Acquisition Regulation Supplement; Contract Reporting (DFARS Case 2007–D006) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. VerDate Nov<24>2008 22:13 Jul 28, 2009 Jkt 217001 A. Background The Federal Procurement Data System (FPDS) provides a comprehensive Webbased tool for Federal agencies to report contract actions. General reporting requirements for FPDS are in Subpart 4.6 of the Federal Acquisition Regulation. This final rule updates DFARS text addressing reporting of contract actions, to remove references to obsolete reporting form DD 350, and to address current DoD procedures for reporting of contract actions in FPDS. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act This rule will not have a significant cost or administrative impact on PO 00000 Frm 00150 Fmt 4700 Sfmt 4700 C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any 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 204, 219, and 253 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR Parts 204, 219, and 253 are amended as follows: ■ 1. The authority citation for 48 CFR Parts 204, 219, and 253 continues to read as follows: ■ Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 204—ADMINISTRATIVE MATTERS 2. Sections 204.602, 204.604, and 204.606 are added to read as follows: ■ E:\FR\FM\29JYR1.SGM 29JYR1 ER29JY09.000</GPH> 4. Section 217.207 is added to read as follows: ■ Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 204.602 General. 204.902 General. 37645 DEPARTMENT OF DEFENSE See PGI 204.602 for additional information on the Federal Procurement Data System (FPDS) and procedures for resolving technical or policy issues relating to FPDS. (b) DoD uses the Federal Procurement Data System (FPDS) to meet these reporting requirements. Defense Acquisition Regulations System 204.7203 204.604 ■ 48 CFR Parts 204, 236, 237, 239, 245, and 252 Responsibilities. (1) The process for reporting contract actions to FPDS should, where possible, be automated by incorporating it into contract writing systems. (2) Data in FPDS is stored indefinitely and is electronically retrievable. Therefore, the contracting officer may reference the contract action report (CAR) approval date in the associated Government contract file instead of including a paper copy of the electronically submitted CAR in the file. Such reference satisfies contract file documentation requirements of FAR 4.803(a). (3) By December 15th of each year, the chief acquisition officer of each DoD component required to report its contract actions shall submit to the Director, Defense Procurement and Acquisition Policy, its annual certification and data validation results for the preceding fiscal year in accordance with the DoD Data Improvement Plan requirements at http://www.acq.osd.mil/dpap/pdi/eb. The Director, Defense Procurement and Acquisition Policy, will submit a consolidated DoD annual certification to the Office of Management and Budget by January 5th of each year. 204.606 Reporting data. In addition to FAR 4.606, follow the procedures at PGI 204.606 for reporting data to FPDS. 204.670 [Amended] 5. Section 204.7203 is amended by removing paragraph (c). RIN 0750–AF92 PART 219—SMALL BUSINESS PROGRAMS Defense Federal Acquisition Regulation Supplement; Government Property (DFARS Case 2007–D020) 6. Section 219.001 is amended by revising paragraph (2)(iv) to read as follows: AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. ■ 219.001 Definitions. * * * * * (2) * * * (iv) Reporting contract actions with SDB concerns in the Federal Procurement Data System (FPDS). ■ 7. Section 219.202–5 is amended by revising the introductory text to read as follows: 219.202–5 Data collection and reporting requirements. Determine the premium percentage to be entered in the Federal Procurement Data System (FPDS) as follows: * * * * * PART 253—FORMS 253.204 and 253.204–70 [Removed] 8. Sections 253.204 and 253.204–70 are removed. ■ [FR Doc. E9–17946 Filed 7–28–09; 8:45 am] BILLING CODE 5001–08–P [Removed] 3. Section 204.670 is removed. 4. Section 204.902 is revised to read as follows: ■ ■ SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text addressing management of Government property in the possession of contractors. The DFARS changes are consistent with changes made to the Federal Acquisition Regulation (FAR). DATES: Effective Date: July 29, 2009. FOR FURTHER INFORMATION CONTACT: Mr. Mark Gomersall, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone 703–602–0302; facsimile 703–602–7887. Please cite DFARS Case 2007–D020. SUPPLEMENTARY INFORMATION: A. Background This final rule updates and reorganizes DFARS Subparts 245.1, 245.3, 245.4, and 245.5 for consistency with FAR changes addressing management of government property in the possession of contractors, published at 72 FR 27364 on May 15, 2007. Related changes are made in Parts 204, 236, 237, 239, and 252. The following table summarizes the DFARS changes in this rule: DFARS citation Changes made by this rule 204.7003 ......................................... Removed ‘‘facilities contracts’’ from the list of contract types, consistent with the removal of references to facilities contracts from the FAR. Updated the reference to the applicable FAR Government Property clause. Updated and clarified the text in paragraphs (b)(3) and (4). Updated and relocated the text to 245.105. (1) Updated the definition of ‘‘facilities project’’ and relocated it to 237.7501. (2) Relocated the definition of ‘‘mapping, charting, and geodesy’’ to 245.101 without change. (3) Removed the definition of ‘‘provide,’’ since this term is now defined in FAR 45.101. (4) Removed the definitions of ‘‘agency-peculiar property,’’ ‘‘industrial plant equipment,’’ and ‘‘other plant equipment,’’ as they are no longer considered necessary. Revised to eliminate text addressing responsibilities for approval of facilities projects, as these responsibilities are addressed DoD Directive 4275.5. The remaining text is relocated to 237.7502, with cross-references added at 236.275 and 245.102(3). Removed. The specified equipment screening procedures have become obsolete. Removed. The separate procedures for facilities contracts are no longer necessary. Updated and relocated to 245.102(2). Removed. The corresponding FAR text has been removed. sroberts on DSKD5P82C1PROD with RULES 237.7003 ......................................... 239.7402 ......................................... 245.104 ........................................... 245.301 ........................................... 245.302–1(a) ................................... 245.302–1(b) and DD Form 1419 .. 245.302–2 and 245.302–7 .............. 245.303–2 ....................................... 245.307–2 ....................................... VerDate Nov<24>2008 22:13 Jul 28, 2009 Jkt 217001 PO 00000 Frm 00151 Fmt 4700 Sfmt 4700 E:\FR\FM\29JYR1.SGM 29JYR1

Agencies

[Federal Register Volume 74, Number 144 (Wednesday, July 29, 2009)]
[Rules and Regulations]
[Pages 37644-37645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17946]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 204, 219, and 253

RIN 0750-AF77


Defense Federal Acquisition Regulation Supplement; Contract 
Reporting (DFARS Case 2007-D006)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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

SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to address DoD requirements 
for reporting of contract actions in the Federal Procurement Data 
System.

DATES: Effective Date: July 29, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Julian Thrash, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0310; facsimile 
703-602-7887. Please cite DFARS Case 2007-D006.

SUPPLEMENTARY INFORMATION:

A. Background

    The Federal Procurement Data System (FPDS) provides a comprehensive 
Web-based tool for Federal agencies to report contract actions. General 
reporting requirements for FPDS are in Subpart 4.6 of the Federal 
Acquisition Regulation. This final rule updates DFARS text addressing 
reporting of contract actions, to remove references to obsolete 
reporting form DD 350, and to address current DoD procedures for 
reporting of contract actions in FPDS.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This rule will not have a significant cost or administrative impact 
on contractors or offerors, or a significant effect beyond the internal 
operating procedures of DoD. Therefore, publication for public comment 
under 41 U.S.C. 418b is not required. However, DoD will consider 
comments from small entities concerning the affected DFARS subparts in 
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 
2007-D006.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any 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 204, 219, and 253

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR Parts 204, 219, and 253 are amended as follows:

0
1. The authority citation for 48 CFR Parts 204, 219, and 253 continues 
to read as follows:

    Authority:  41 U.S.C. 421 and 48 CFR Chapter 1.

PART 204--ADMINISTRATIVE MATTERS

0
2. Sections 204.602, 204.604, and 204.606 are added to read as follows:

[[Page 37645]]

204.602   General.

    See PGI 204.602 for additional information on the Federal 
Procurement Data System (FPDS) and procedures for resolving technical 
or policy issues relating to FPDS.


204.604  Responsibilities.

    (1) The process for reporting contract actions to FPDS should, 
where possible, be automated by incorporating it into contract writing 
systems.
    (2) Data in FPDS is stored indefinitely and is electronically 
retrievable. Therefore, the contracting officer may reference the 
contract action report (CAR) approval date in the associated Government 
contract file instead of including a paper copy of the electronically 
submitted CAR in the file. Such reference satisfies contract file 
documentation requirements of FAR 4.803(a).
    (3) By December 15th of each year, the chief acquisition officer of 
each DoD component required to report its contract actions shall submit 
to the Director, Defense Procurement and Acquisition Policy, its annual 
certification and data validation results for the preceding fiscal year 
in accordance with the DoD Data Improvement Plan requirements at http://www.acq.osd.mil/dpap/pdi/eb. The Director, Defense Procurement and 
Acquisition Policy, will submit a consolidated DoD annual certification 
to the Office of Management and Budget by January 5th of each year.


204.606  Reporting data.

    In addition to FAR 4.606, follow the procedures at PGI 204.606 for 
reporting data to FPDS.


204.670  [Removed]

0
3. Section 204.670 is removed.
0
4. Section 204.902 is revised to read as follows:


204.902  General.

    (b) DoD uses the Federal Procurement Data System (FPDS) to meet 
these reporting requirements.


204.7203  [Amended]

0
5. Section 204.7203 is amended by removing paragraph (c).

PART 219--SMALL BUSINESS PROGRAMS

0
6. Section 219.001 is amended by revising paragraph (2)(iv) to read as 
follows:


219.001  Definitions.

* * * * *
    (2) * * *
    (iv) Reporting contract actions with SDB concerns in the Federal 
Procurement Data System (FPDS).
0
7. Section 219.202-5 is amended by revising the introductory text to 
read as follows:


219.202-5  Data collection and reporting requirements.

    Determine the premium percentage to be entered in the Federal 
Procurement Data System (FPDS) as follows:
* * * * *

PART 253--FORMS


253.204 and 253.204-70  [Removed]

0
8. Sections 253.204 and 253.204-70 are removed.

[FR Doc. E9-17946 Filed 7-28-09; 8:45 am]
BILLING CODE 5001-08-P