Federal Acquisition Regulation; Uniform Procurement Identification, 34020-34024 [2013-13413]
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Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Proposed Rules
potential impact on small entities of the
Commission’s proposal. We invite
parties to file comments on the IRFA in
light of this additional notice.
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2. Initial Paperwork Reduction Act of
1995 Analysis
21. This document seeks comment on
a potential new or revised information
collection requirement. If the
Commission adopts any new or revised
information collection requirement, the
Commission will publish a separate
notice in the Federal Register inviting
the public to comment on the
requirement, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C. 3501–
3520). In addition, pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4), the Commission seeks
specific comment on how it might
‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’
3. Filing Requirements
22. Pursuant to sections 1.415 and
1.419 of the Commission’s rules, 47 CFR
1.415, 1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using the Commission’s
Electronic Comment Filing System
(ECFS). See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121, May 1, 1998.
D Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://
fjallfoss.fcc.gov/ecfs2/.
D Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number.
Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
(1) All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
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envelopes and boxes must be disposed
of before entering the building.
(2) Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
(3) U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington, DC 20554.
23. People with Disabilities: To
request materials in accessible formats
for people with disabilities (braille,
large print, electronic files, audio
format), send an email to fcc504@fcc.gov
or call the Consumer & Governmental
Affairs Bureau at 202–418–0530 (voice),
202–418–0432 (tty).
24. This matter shall be treated as a
‘‘permit-but-disclose’’ proceeding in
accordance with the Commission’s ex
parte rules. Persons making ex parte
presentations must file a copy of any
written presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with
§ 1.1206(b). In proceedings governed by
§ 1.49(f) or for which the Commission
has made available a method of
electronic filing, written ex parte
presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
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themselves with the Commission’s ex
parte rules.
Federal Communications Commission.
Kimberly A. Scardino,
Division Chief, Telecommunications Access
Policy Division, Wireline Competition Bureau.
[FR Doc. 2013–13361 Filed 6–5–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2 and 4
[FAR Case 2012–023; Docket 2012–0023;
Sequence 1]
RIN 9000–AM60
Federal Acquisition Regulation;
Uniform Procurement Identification
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCY:
DoD, GSA, and NASA are
proposing to amend the Federal
Acquisition Regulation (FAR) to
implement a uniform Procurement
Instrument Identification (PIID)
numbering system, which will require
the use of Activity Address Codes
(AACs) as the unique identifier for
contracting offices and other offices, in
order to standardize procurement
transactions across the Federal
Government. This proposed rule
continues and strengthens efforts at
standardization accomplished under a
previous FAR case.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat at one of the addressees
shown below on or before August 5,
2013 to be considered in the formation
of the final rule.
ADDRESSES: Submit comments in
response to FAR Case 2012–023 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FAR Case 2012–023’’.
Select the link ‘‘Submit a Comment’’
that corresponds with ‘‘FAR Case 2012–
023’’. Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘FAR Case 2012–
023’’ on your attached document.
SUMMARY:
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Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Proposed Rules
• Fax: 202–501–4067.
• Mail: U.S. General Services
Administration, Regulatory Secretariat
Division (MVCB), ATTN: Hada Flowers,
1800 F Street NW., 2nd Floor,
Washington, DC 20405–0001.
Instructions: Please submit comments
only and cite FAR Case 2012–023, in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
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 2012–023.
SUPPLEMENTARY INFORMATION:
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I. Background
In July of 2011, DoD, GSA, and NASA
published a final FAR rule, Unique
Procurement Instrument Identifier, FAR
Case 2009–023, which began the process
of standardizing the use of unique
Procurement Instrument Identifiers
(PIIDs) beyond the Federal Procurement
Data System (FPDS) to encompass the
overall Federal procurement
community. FAR case 2009–023
provided policy and instructions at FAR
subpart 4.16 for agencies to assign and
utilize unique PIIDs and supplementary
PIIDs in procurement transactions. A
number of public comments received
during the rulemaking process
expressed positive feedback and
reaction to the concept of standardizing
PIIDs across Government. Several
respondents offered encouragement and
suggestions for furthering the effort, in
particular by establishing a standard,
Governmentwide scheme that identifies
actions to the office level, not just to the
agency level.
In June of 2011, the President created
the Government Accountability and
Transparency Board (GAT Board) and
tasked the board to, among other things,
recommend ways to improve tracking of
Federal spending data. The GAT Board
submitted its report with three specific
recommendations to the President in
December of 2011. Recommendation
number 3 of this report is to implement
a uniform award identification system
among various financial transactions
conducted across the Federal
Government by a number of
communities, e.g., procurement, grants,
and finance. The goal of this
recommendation is to ensure uniformity
and consistency of data, thereby
enhancing the transparency to the
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public of Federal spending data. This
proposed FAR rule is consistent with
GAT Board recommendation three.
Currently, agencies and contracting
offices within agencies have PIIDs of
varying lengths, which may or may not
contain spaces or hyphens. The
disparate numbering systems in use
today impede successful achievement of
transparency and accountability in the
following ways:
Æ The ability to trace transactions
across electronic interfaces is difficult
and at times impossible. In some cases
paper processing or tracking is the only
available means.
Æ The collection, review, and
validation of data are labor intensive
and inefficient.
Æ The inconsistencies in reporting
and collection of data increase the
uncertainty of data validity.
Æ The ability to reconcile data as
reported by the vendor community with
the data reported and certified by
agencies is impacted.
Æ The effectiveness of the oversight
community’s efforts is questioned due
to data quality concerns.
With this proposed rule the Federal
procurement community continues to
improve standardization of a unique
instrument identifier moving the
procurement community in the
direction of the GAT Board
recommendation of uniformity and
consistency of data. This, in turn, will
promote achievement of rigorous
accountability of procurement dollars
and processes and compliance to
regulatory and statutory acquisition
requirements such as those of the
Federal Funding Accountability and
Transparency Act of 2006. The GAT
Board recommendation, as it applies to
other financial transactions, (e.g., grants,
loans, financial payments) is not
addressed by this proposed rule.
II. Proposed Changes to FAR Parts 2
and 4
At FAR 2.101 Definitions, AAC is
defined to mean a distinct six-position
code consisting of a combination of
alpha and/or numeric characters
assigned to identify agency specific
offices, units, activities, or
organizations.
At FAR 4.605, Contract Reporting
Procedures, a paragraph is added to
direct the use of AACs as the
contracting office code and as the
program/funding office code for
purposes of FPDS reporting.
Changes are proposed to FAR subpart
4.16, Unique Procurement Instrument
Identifiers, to prescribe policies and
procedures for the assignment of unique
PIIDs containing AACs. Agencies will
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initially use the new unique PIID
structure for all new solicitations and
awards, and their associated
amendments and modifications,
beginning not later than October 1,
2014. Not later than October 1, 2016,
agencies shall use the required structure
for all contract actions (including for all
contract actions already in effect). At
FAR 4.1602 Policy, paragraphs (a)
through (c), instructions are provided
delineating that which is applicable
before, during and after the transition
period.
A new procedural section, FAR
4.1604 is added to provide instruction
on the construct and configuration of
the basic PIID and the supplementary
PIID. The basic PIID is made up of 13
to 17 alpha and/or numeric characters
configured to convey certain
information. Positions one through six
of the PIID are the AAC Activity
Address Code. Positions seven and eight
are the last two digits of the fiscal year
of the date the procurement instrument
is signed, i.e., issued or awarded.
Position nine is an alpha character that
will indicate the type of instrument or
action. Positions 10 through 17 are the
serial numbering of the PIID and are
issued sequentially. Positions 10
through 17 are the agency-assigned
numbers. Positions 10 through 17 may
be alpha-numeric, but shall not contain
special characters (such as hyphens and
dashes) or spaces.
Supplementary PIIDs are used to
identify amendments and modifications.
Amendment supplementary PIIDs for
solicitations are numeric, four positions,
and are issued sequentially beginning
with 0001. Supplementary PIIDs for
modifications to contracts or agreements
may be alpha and/or numeric.
Modifications issued by an
administering contracting office shall
begin with the letter A. Modifications
issued by a procuring contracting office
shall begin with the letter P.
Supplementary identification numbers
shall be assigned in sequence and not
until it has been determined that a
modification is to be issued.
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
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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 do not expect
this proposed 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 and is
summarized as follows:
Although this proposed rule is directed at
internal Government processes and
procedures and does not impose any
requirements on the vendor community, it
may affect some entities if those entities have
arranged certain of their business systems to
recognize PIIDs of agencies they interact
with, and those agencies do not currently
mirror the PIID configuration of this
proposed rule. The proposed rule would
provide a predictable standardized format
vendors may use in interactions with the
Federal government. In FY 2012 awards were
made to 67,785 unique vendors that likely
interact with agencies that do not currently
use the proposed PIID configuration, of these,
45,353 were small business vendors.
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 this rule in
consistent with 5 U.S.C. 610. Interested
parties must submit such comments
separately and should cite 5 U.S.C. 610
(FAR case 2012–023) in
correspondence.
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V. Paperwork Reduction Act
The proposed 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
and 4
Government procurement.
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Dated: May 30, 2013.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 2 and
4 as set forth below:
■ 1. The authority citation for 48 CFR
parts 2 and 4 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
2. Amend section 2.101 in paragraph
(b)(2) by adding, in alphabetical order,
the definition ‘‘Activity Address Code
(AAC)’’ to read as follows:
■
2.101
Definitions.
*
*
*
*
*
(b) * * *
(2) * * *
Activity Address Code (AAC) means a
distinct six-position code consisting of a
combination of alpha and/or numeric
characters assigned to identify specific
agency offices, units, activities, or
organizations by the General Services
Administration for civilian agencies and
Department of Defense for defense
agencies.
*
*
*
*
*
PART 4—ADMINISTRATIVE MATTERS
3. Amend section 4.605 by—
a. Removing from paragraph (a)
‘‘4.1601,’’ and adding ‘‘4.601 to 4.1603,’’
in its place; and
■ b. Adding paragraph (e) to read as
follows:
■
■
4.605
Procedures.
*
*
*
*
*
(e) Office Codes. Agencies shall—
(1) Use the Activity Address Code
(AAC), as defined in 2.101, assigned to
the issuing contracting office as the
contracting office code, and
(2) Use the AAC assigned to the
program/funding office providing the
predominance of funding for the
contract action as the program/funding
office code.
■ 4. Revise section 4.1601 to read as
follows:
4.1601
Policy.
(a) Establishment of a Procurement
Instrument Identifier (PIID). Agencies
shall have in place a process that
ensures that each PIID used to identify
a solicitation or contract action is
unique Governmentwide, and will
remain so for at least 20 years from the
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date of contract award. The PIID shall be
used to identify all solicitation and
contract actions. The PIID shall also be
used to identify solicitation and contract
actions in designated support and
reporting systems (e.g., Federal
Procurement Data System, System for
Award Management), in accordance
with regulations, applicable authorities,
and agency policies and procedures.)
The PIID requirements will transition
from existing procedures beginning not
later than October 1, 2014 as outlined in
paragraph (b) of this section.
(b) Transition of PIID numbering. (1)
Existing requirements. Applicable prior
to October 1, 2014—
(i) Agencies must submit their
proposed PIID format to the General
Services Administration’s Integrated
Acquisition Environment Program
Office, which maintains a registry of the
agency-unique identifier scheme; and
(ii) The PIID shall consist of alpha
characters in the first positions to
indicate the agency, followed by alphanumeric characters according to agency
procedures.
(2) Transition. Not later than October
1, 2014, agencies shall comply with
paragraph (a) of this section and use the
requirements in 4.1602 and 4.1603 for
identifying all new solicitations and
new awards and their associated
amendments and modifications.
(3) End state. Not later than October
1, 2016, agencies shall comply with
paragraph (a) of this section and use the
requirements in 4.1602 and 4.1603 for
all amendments to solicitations and
modifications to awards issued using
previous PIID numbering procedures.
(c) Change in the Procurement
Instrument Identifier. (1) Agencies shall
not change the PIID unless one of the
following two circumstances apply:
(i) The PIID serial numbering system
is exhausted. In this instance, the
contracting officer may assign a new
PIID by issuing a contract modification.
(ii) Continued use of a PIID is not
possible or not in the Government’s best
interest solely for administrative reasons
(e.g., for implementations of new agency
contract writing systems). In this
instance, the contracting officer may
assign a new PIID by issuing a contract
modification.
(2) The modification shall clearly
identify both the original and the newly
assigned PIID. Issuance of a new PIID is
an administrative change (see 43.101).
■ 5. Amend section 4.1602 by revising
paragraph (c) to read as follows:
4.1602 Identifying the PIID and
supplementary PIID.
*
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(c) Additional agency specific
identification information. If agency
procedures require additional
identification information in
solicitations, contracts, or other related
procurement instruments for
administrative purposes, separate and
clearly identify the additional
information from the PIID.
■ 6. Add section 4.1603 to read as
follows:
4.1603
Procedures.
(a) Elements of a PIID. The PIID
consists of a combination of thirteen to
seventeen alpha and/or numeric
characters sequenced to convey certain
information. Do not use special
characters (such as hyphens, dashes or
spaces).
(1) Positions 1 through 6. The first six
positions identify the department/
agency and office issuing the
instrument. Use the AAC assigned to the
issuing office for positions 1 through 6.
Civilian agency points of contact for
obtaining an AAC are on the AAC
Contact list maintained by the General
Services Administration and can be
found at https://www.gsa.gov/graphics/
fas/Civilian_contacts.pdf. For
Department of Defense (DoD) inquiries
contact the service/agency Central
Service Point or DoDAAC Monitor, or if
unknown, email DODAADHQ@DLA.MIL
for assistance.
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(2) Positions 7 through 8. The seventh
and eighth positions are the last two
digits of the fiscal year in which the
procurement instrument is issued or
awarded. This is the date the action is
signed, not the effective date if the
effective date is different.
(3) Position 9. Indicate the type of
instrument by entering one of the
following upper case letters in position
nine. Departments and independent
agencies may assign those letters
identified for department use below in
accordance with their agency policy,
however, any use must be applied to the
entire department or agency.
Instrument
Letter
designation
(i) Blanket purchase agreements ........................................................................................................................................................
(ii) Invitations for bids ..........................................................................................................................................................................
(iii) Contracts of all types except indefinite-delivery contracts (see subpart 16.5) .............................................................................
(iv) Indefinite-delivery contracts (including Federal Supply Schedules, Governmentwide acquisition contracts (GWACs), and
multi-agency contracts) ....................................................................................................................................................................
(v) Reserved for future Federal Governmentwide use ........................................................................................................................
(vi) Task orders, delivery orders or calls under indefinite-delivery contracts (including Federal Supply Schedules, Governmentwide acquisition contracts (GWACs), and multi-agency contracts), blanket purchase agreements, or basic ordering agreements ................................................................................................................................................................................................
(vii) Basic ordering agreements ...........................................................................................................................................................
(viii) Agreements, including basic agreements and loan agreements, but excluding blanket purchase agreements, basic ordering
agreements, and leases. Do not use this code for contracts or agreements with provisions for orders or calls ..........................
(ix) Do not use this letter .....................................................................................................................................................................
(x) Reserved for future Federal Governmentwide use ........................................................................................................................
(xi) Reserved for departmental use .....................................................................................................................................................
(xii) Lease agreements ........................................................................................................................................................................
(xiii) Reserved for departmental use ...................................................................................................................................................
(xiv) Reserved for departmental use ...................................................................................................................................................
(xv) Do not use this letter ....................................................................................................................................................................
(xvi) Purchase orders (assign V if numbering capacity of P is exhausted during a fiscal year) ........................................................
(xvii) Requests for quotation (assign U if numbering capacity of Q is exhausted during a fiscal year) ............................................
(xviii) Requests for proposals ..............................................................................................................................................................
(xix) Reserved for departmental use ...................................................................................................................................................
(xx) Reserved for departmental use ....................................................................................................................................................
(xxi) See Q, requests for quotation .....................................................................................................................................................
(xxii) See P, purchase orders ..............................................................................................................................................................
(xxiii) Reserved for future Federal Governmentwide use ...................................................................................................................
(xxiv) Reserved for future Federal Governmentwide use ...................................................................................................................
(xxv) Imprest fund ................................................................................................................................................................................
(xxvi) Reserved for future Federal Governmentwide use ...................................................................................................................
A
B
C
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(4) Position 10 through 17. Enter the
number assigned by the issuing agency
in these positions. Agencies may choose
a minimum of four characters up to a
maximum of eight characters to be used,
but the same number of characters must
be used agency-wide. If a number less
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than the maximum is used, do not use
leading or trailing zeroes to make it
equal the maximum in any system or
data transmission. A separate series of
numbers may be used for any type of
instrument listed in paragraph (a)(3) of
this section. An agency may reserve
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D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
blocks of numbers or alpha-numeric
numbers for use by its various
components.
(5) Illustration of PIID. The following
illustrates a properly configured PIID
using four characters in the final
positions:
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Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Proposed Rules
(b) Elements of a supplementary PIID.
Use the supplementary PIID to identify
amendments to solicitations and
modifications to contracts and
agreements.
(1) Amendments to solicitations.
Number amendments to solicitations
sequentially using a four position
numeric serial number added to the 13–
17 character PIID beginning with 0001.
(2) Modifications to contracts and
agreements. Number modifications to
contracts and agreements using a six
position alpha or numeric, or a
combination thereof, added to the 13–17
character PIID.
(i) Position 1. Identify the office
issuing the modification. The letter P
shall be designated for modifications
issued by the procuring contracting
office. The letter A shall be used for
modifications issued by the contract
administration office (if other than the
procuring contracting officer).
(ii) Positions 2 through 6. These
positions may be alpha, numeric, or a
combination thereof, in accordance with
agency procedures.
(iii) Each office authorized to issue
modifications shall assign the
supplementary identification numbers
in sequence. Do not assign the numbers
until it has been determined that a
modification is to be issued.
[FR Doc. 2013–13413 Filed 6–5–13; 8:45 am]
BILLING CODE 6820–EP–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 224
[Docket No 1108195182318–01]
RIN 0648–BB20
Endangered Fish and Wildlife;
Proposed Rule To Eliminate the
Expiration Date Contained in the Final
Rule To Reduce the Threat of Ship
Collisions With North Atlantic Right
Whales
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to eliminate
the expiration date (or ‘‘sunset clause’’)
contained in regulations requiring
vessel speed restrictions to reduce the
likelihood of lethal vessel collisions
with North Atlantic right whales. The
regulations restrict vessel speeds to no
more than 10 knots for vessels 65 ft
(19.8 m) or greater in overall length in
certain locations and at certain times of
the year along the east coast of the U.S.
Atlantic seaboard. The speed
regulations will expire December 9,
2013, unless the sunset clause is
removed. NMFS seeks public comment
on the Proposed Rule to eliminate the
SUMMARY:
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
sunset clause and on metrics for
assessing the long term costs and
benefits of the rule to the endangered
North Atlantic right whale population.
DATES: Written or electronic comments
(see ADDRESSES) must be received no
later than 5 p.m. local time on August
5, 2013.
ADDRESSES: Copies of this proposed rule
and related documents can be obtained
from: www/nmfs.noaa.gov/pr/shipstrike.
Written requests for copies of these
documents should be addressed to:
Chief, Marine Mammal and Sea Turtle
Conservation Division, Attn: Right
Whale Ship Strike Reduction Rule,
Office of Protected Resources, NMFS,
1315 East-West Highway, Silver Spring,
MD 20910.You may submit comments,
identified by [NOAA–NMFS–2012–
0058], by any of the following methods:
Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
Mail: Send comments to: Chief,
Marine Mammal and Sea Turtle
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910,
Attn: Right Whale Ship Strike
Reduction Rule.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
E:\FR\FM\06JNP1.SGM
06JNP1
EP06JN13.003
erowe on DSK2VPTVN1PROD with PROPOSALS-1
34024
Agencies
[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Proposed Rules]
[Pages 34020-34024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13413]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2 and 4
[FAR Case 2012-023; Docket 2012-0023; Sequence 1]
RIN 9000-AM60
Federal Acquisition Regulation; Uniform Procurement
Identification
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 implement a uniform Procurement
Instrument Identification (PIID) numbering system, which will require
the use of Activity Address Codes (AACs) as the unique identifier for
contracting offices and other offices, in order to standardize
procurement transactions across the Federal Government. This proposed
rule continues and strengthens efforts at standardization accomplished
under a previous FAR case.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat at one of the addressees shown below on or
before August 5, 2013 to be considered in the formation of the final
rule.
ADDRESSES: Submit comments in response to FAR Case 2012-023 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``FAR Case
2012-023''. Select the link ``Submit a Comment'' that corresponds with
``FAR Case 2012-023''. Follow the instructions provided at the ``Submit
a Comment'' screen. Please include your name, company name (if any),
and ``FAR Case 2012-023'' on your attached document.
[[Page 34021]]
Fax: 202-501-4067.
Mail: U.S. General Services Administration, Regulatory
Secretariat Division (MVCB), ATTN: Hada Flowers, 1800 F Street NW., 2nd
Floor, Washington, DC 20405-0001.
Instructions: Please submit comments only and cite FAR Case 2012-
023, in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal and/or business confidential information provided.
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 2012-023.
SUPPLEMENTARY INFORMATION:
I. Background
In July of 2011, DoD, GSA, and NASA published a final FAR rule,
Unique Procurement Instrument Identifier, FAR Case 2009-023, which
began the process of standardizing the use of unique Procurement
Instrument Identifiers (PIIDs) beyond the Federal Procurement Data
System (FPDS) to encompass the overall Federal procurement community.
FAR case 2009-023 provided policy and instructions at FAR subpart 4.16
for agencies to assign and utilize unique PIIDs and supplementary PIIDs
in procurement transactions. A number of public comments received
during the rulemaking process expressed positive feedback and reaction
to the concept of standardizing PIIDs across Government. Several
respondents offered encouragement and suggestions for furthering the
effort, in particular by establishing a standard, Governmentwide scheme
that identifies actions to the office level, not just to the agency
level.
In June of 2011, the President created the Government
Accountability and Transparency Board (GAT Board) and tasked the board
to, among other things, recommend ways to improve tracking of Federal
spending data. The GAT Board submitted its report with three specific
recommendations to the President in December of 2011. Recommendation
number 3 of this report is to implement a uniform award identification
system among various financial transactions conducted across the
Federal Government by a number of communities, e.g., procurement,
grants, and finance. The goal of this recommendation is to ensure
uniformity and consistency of data, thereby enhancing the transparency
to the public of Federal spending data. This proposed FAR rule is
consistent with GAT Board recommendation three.
Currently, agencies and contracting offices within agencies have
PIIDs of varying lengths, which may or may not contain spaces or
hyphens. The disparate numbering systems in use today impede successful
achievement of transparency and accountability in the following ways:
[cir] The ability to trace transactions across electronic
interfaces is difficult and at times impossible. In some cases paper
processing or tracking is the only available means.
[cir] The collection, review, and validation of data are labor
intensive and inefficient.
[cir] The inconsistencies in reporting and collection of data
increase the uncertainty of data validity.
[cir] The ability to reconcile data as reported by the vendor
community with the data reported and certified by agencies is impacted.
[cir] The effectiveness of the oversight community's efforts is
questioned due to data quality concerns.
With this proposed rule the Federal procurement community continues
to improve standardization of a unique instrument identifier moving the
procurement community in the direction of the GAT Board recommendation
of uniformity and consistency of data. This, in turn, will promote
achievement of rigorous accountability of procurement dollars and
processes and compliance to regulatory and statutory acquisition
requirements such as those of the Federal Funding Accountability and
Transparency Act of 2006. The GAT Board recommendation, as it applies
to other financial transactions, (e.g., grants, loans, financial
payments) is not addressed by this proposed rule.
II. Proposed Changes to FAR Parts 2 and 4
At FAR 2.101 Definitions, AAC is defined to mean a distinct six-
position code consisting of a combination of alpha and/or numeric
characters assigned to identify agency specific offices, units,
activities, or organizations.
At FAR 4.605, Contract Reporting Procedures, a paragraph is added
to direct the use of AACs as the contracting office code and as the
program/funding office code for purposes of FPDS reporting.
Changes are proposed to FAR subpart 4.16, Unique Procurement
Instrument Identifiers, to prescribe policies and procedures for the
assignment of unique PIIDs containing AACs. Agencies will initially use
the new unique PIID structure for all new solicitations and awards, and
their associated amendments and modifications, beginning not later than
October 1, 2014. Not later than October 1, 2016, agencies shall use the
required structure for all contract actions (including for all contract
actions already in effect). At FAR 4.1602 Policy, paragraphs (a)
through (c), instructions are provided delineating that which is
applicable before, during and after the transition period.
A new procedural section, FAR 4.1604 is added to provide
instruction on the construct and configuration of the basic PIID and
the supplementary PIID. The basic PIID is made up of 13 to 17 alpha
and/or numeric characters configured to convey certain information.
Positions one through six of the PIID are the AAC Activity Address
Code. Positions seven and eight are the last two digits of the fiscal
year of the date the procurement instrument is signed, i.e., issued or
awarded. Position nine is an alpha character that will indicate the
type of instrument or action. Positions 10 through 17 are the serial
numbering of the PIID and are issued sequentially. Positions 10 through
17 are the agency-assigned numbers. Positions 10 through 17 may be
alpha-numeric, but shall not contain special characters (such as
hyphens and dashes) or spaces.
Supplementary PIIDs are used to identify amendments and
modifications. Amendment supplementary PIIDs for solicitations are
numeric, four positions, and are issued sequentially beginning with
0001. Supplementary PIIDs for modifications to contracts or agreements
may be alpha and/or numeric. Modifications issued by an administering
contracting office shall begin with the letter A. Modifications issued
by a procuring contracting office shall begin with the letter P.
Supplementary identification numbers shall be assigned in sequence and
not until it has been determined that a modification is to be issued.
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
[[Page 34022]]
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 do not expect this proposed 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 and is summarized as follows:
Although this proposed rule is directed at internal Government
processes and procedures and does not impose any requirements on the
vendor community, it may affect some entities if those entities have
arranged certain of their business systems to recognize PIIDs of
agencies they interact with, and those agencies do not currently
mirror the PIID configuration of this proposed rule. The proposed
rule would provide a predictable standardized format vendors may use
in interactions with the Federal government. In FY 2012 awards were
made to 67,785 unique vendors that likely interact with agencies
that do not currently use the proposed PIID configuration, of these,
45,353 were small business vendors.
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 this rule
in consistent with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAR case 2012-023) in
correspondence.
V. Paperwork Reduction Act
The proposed 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 and 4
Government procurement.
Dated: May 30, 2013.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2 and 4
as set forth below:
0
1. The authority citation for 48 CFR parts 2 and 4 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 adding, in alphabetical
order, the definition ``Activity Address Code (AAC)'' to read as
follows:
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
Activity Address Code (AAC) means a distinct six-position code
consisting of a combination of alpha and/or numeric characters assigned
to identify specific agency offices, units, activities, or
organizations by the General Services Administration for civilian
agencies and Department of Defense for defense agencies.
* * * * *
PART 4--ADMINISTRATIVE MATTERS
0
3. Amend section 4.605 by--
0
a. Removing from paragraph (a) ``4.1601,'' and adding ``4.601 to
4.1603,'' in its place; and
0
b. Adding paragraph (e) to read as follows:
4.605 Procedures.
* * * * *
(e) Office Codes. Agencies shall--
(1) Use the Activity Address Code (AAC), as defined in 2.101,
assigned to the issuing contracting office as the contracting office
code, and
(2) Use the AAC assigned to the program/funding office providing
the predominance of funding for the contract action as the program/
funding office code.
0
4. Revise section 4.1601 to read as follows:
4.1601 Policy.
(a) Establishment of a Procurement Instrument Identifier (PIID).
Agencies shall have in place a process that ensures that each PIID used
to identify a solicitation or contract action is unique Governmentwide,
and will remain so for at least 20 years from the date of contract
award. The PIID shall be used to identify all solicitation and contract
actions. The PIID shall also be used to identify solicitation and
contract actions in designated support and reporting systems (e.g.,
Federal Procurement Data System, System for Award Management), in
accordance with regulations, applicable authorities, and agency
policies and procedures.) The PIID requirements will transition from
existing procedures beginning not later than October 1, 2014 as
outlined in paragraph (b) of this section.
(b) Transition of PIID numbering. (1) Existing requirements.
Applicable prior to October 1, 2014--
(i) Agencies must submit their proposed PIID format to the General
Services Administration's Integrated Acquisition Environment Program
Office, which maintains a registry of the agency-unique identifier
scheme; and
(ii) The PIID shall consist of alpha characters in the first
positions to indicate the agency, followed by alpha-numeric characters
according to agency procedures.
(2) Transition. Not later than October 1, 2014, agencies shall
comply with paragraph (a) of this section and use the requirements in
4.1602 and 4.1603 for identifying all new solicitations and new awards
and their associated amendments and modifications.
(3) End state. Not later than October 1, 2016, agencies shall
comply with paragraph (a) of this section and use the requirements in
4.1602 and 4.1603 for all amendments to solicitations and modifications
to awards issued using previous PIID numbering procedures.
(c) Change in the Procurement Instrument Identifier. (1) Agencies
shall not change the PIID unless one of the following two circumstances
apply:
(i) The PIID serial numbering system is exhausted. In this
instance, the contracting officer may assign a new PIID by issuing a
contract modification.
(ii) Continued use of a PIID is not possible or not in the
Government's best interest solely for administrative reasons (e.g., for
implementations of new agency contract writing systems). In this
instance, the contracting officer may assign a new PIID by issuing a
contract modification.
(2) The modification shall clearly identify both the original and
the newly assigned PIID. Issuance of a new PIID is an administrative
change (see 43.101).
0
5. Amend section 4.1602 by revising paragraph (c) to read as follows:
4.1602 Identifying the PIID and supplementary PIID.
* * * * *
[[Page 34023]]
(c) Additional agency specific identification information. If
agency procedures require additional identification information in
solicitations, contracts, or other related procurement instruments for
administrative purposes, separate and clearly identify the additional
information from the PIID.
0
6. Add section 4.1603 to read as follows:
4.1603 Procedures.
(a) Elements of a PIID. The PIID consists of a combination of
thirteen to seventeen alpha and/or numeric characters sequenced to
convey certain information. Do not use special characters (such as
hyphens, dashes or spaces).
(1) Positions 1 through 6. The first six positions identify the
department/agency and office issuing the instrument. Use the AAC
assigned to the issuing office for positions 1 through 6. Civilian
agency points of contact for obtaining an AAC are on the AAC Contact
list maintained by the General Services Administration and can be found
at https://www.gsa.gov/graphics/fas/Civilian_contacts.pdf. For
Department of Defense (DoD) inquiries contact the service/agency
Central Service Point or DoDAAC Monitor, or if unknown, email
DODAADHQ@DLA.MIL for assistance.
(2) Positions 7 through 8. The seventh and eighth positions are the
last two digits of the fiscal year in which the procurement instrument
is issued or awarded. This is the date the action is signed, not the
effective date if the effective date is different.
(3) Position 9. Indicate the type of instrument by entering one of
the following upper case letters in position nine. Departments and
independent agencies may assign those letters identified for department
use below in accordance with their agency policy, however, any use must
be applied to the entire department or agency.
------------------------------------------------------------------------
Letter
Instrument designation
------------------------------------------------------------------------
(i) Blanket purchase agreements........................ A
(ii) Invitations for bids.............................. B
(iii) Contracts of all types except indefinite-delivery C
contracts (see subpart 16.5)..........................
(iv) Indefinite-delivery contracts (including Federal D
Supply Schedules, Governmentwide acquisition contracts
(GWACs), and multi-agency contracts)..................
(v) Reserved for future Federal Governmentwide use..... E
(vi) Task orders, delivery orders or calls under F
indefinite-delivery contracts (including Federal
Supply Schedules, Governmentwide acquisition contracts
(GWACs), and multi-agency contracts), blanket purchase
agreements, or basic ordering agreements..............
(vii) Basic ordering agreements........................ G
(viii) Agreements, including basic agreements and loan H
agreements, but excluding blanket purchase agreements,
basic ordering agreements, and leases. Do not use this
code for contracts or agreements with provisions for
orders or calls.......................................
(ix) Do not use this letter............................ I
(x) Reserved for future Federal Governmentwide use..... J
(xi) Reserved for departmental use..................... K
(xii) Lease agreements................................. L
(xiii) Reserved for departmental use................... M
(xiv) Reserved for departmental use.................... N
(xv) Do not use this letter............................ O
(xvi) Purchase orders (assign V if numbering capacity P
of P is exhausted during a fiscal year)...............
(xvii) Requests for quotation (assign U if numbering Q
capacity of Q is exhausted during a fiscal year)......
(xviii) Requests for proposals......................... R
(xix) Reserved for departmental use.................... S
(xx) Reserved for departmental use..................... T
(xxi) See Q, requests for quotation.................... U
(xxii) See P, purchase orders.......................... V
(xxiii) Reserved for future Federal Governmentwide use. W
(xxiv) Reserved for future Federal Governmentwide use.. X
(xxv) Imprest fund..................................... Y
(xxvi) Reserved for future Federal Governmentwide use.. Z
------------------------------------------------------------------------
(4) Position 10 through 17. Enter the number assigned by the
issuing agency in these positions. Agencies may choose a minimum of
four characters up to a maximum of eight characters to be used, but the
same number of characters must be used agency-wide. If a number less
than the maximum is used, do not use leading or trailing zeroes to make
it equal the maximum in any system or data transmission. A separate
series of numbers may be used for any type of instrument listed in
paragraph (a)(3) of this section. An agency may reserve blocks of
numbers or alpha-numeric numbers for use by its various components.
(5) Illustration of PIID. The following illustrates a properly
configured PIID using four characters in the final positions:
[[Page 34024]]
[GRAPHIC] [TIFF OMITTED] TP06JN13.003
(b) Elements of a supplementary PIID. Use the supplementary PIID to
identify amendments to solicitations and modifications to contracts and
agreements.
(1) Amendments to solicitations. Number amendments to solicitations
sequentially using a four position numeric serial number added to the
13-17 character PIID beginning with 0001.
(2) Modifications to contracts and agreements. Number modifications
to contracts and agreements using a six position alpha or numeric, or a
combination thereof, added to the 13-17 character PIID.
(i) Position 1. Identify the office issuing the modification. The
letter P shall be designated for modifications issued by the procuring
contracting office. The letter A shall be used for modifications issued
by the contract administration office (if other than the procuring
contracting officer).
(ii) Positions 2 through 6. These positions may be alpha, numeric,
or a combination thereof, in accordance with agency procedures.
(iii) Each office authorized to issue modifications shall assign
the supplementary identification numbers in sequence. Do not assign the
numbers until it has been determined that a modification is to be
issued.
[FR Doc. 2013-13413 Filed 6-5-13; 8:45 am]
BILLING CODE 6820-EP-P