Federal Acquisition Regulation; Unique Identification of Entities Receiving Federal Awards, 72035-72039 [2015-29414]
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Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Proposed Rules
compensation rate for small entities
above the rate currently in effect.
Similarly, if the Commission were to
amend its rules to authorize at-home
interpreting for VRS, the impact of
existing VRS regulations on small
entities could be reduced because
providers would have additional
flexibility to structure their VRS
operations so as to minimize cost and
maximize efficiency.
40. Regarding the possible additional
record-keeping and reporting
requirements that could be adopted if
the Commission were to authorize
skills-based routing, deaf interpreters, or
assignment of ten-digit numbers to
hearing individuals using video phones,
the Commission is seeking comment on
the alternative of allowing providers to
choose whether to provide such features
and incur the associated compliance
requirements.
F. Federal Rules Which Duplicate,
Overlap, or Conflict With, the
Commission’s Proposals
41. None.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2015–29371 Filed 11–17–15; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 4, 9, 12, 19 and 52
[FAR Case 2015–022; Docket No. 2015–
0022; Sequence No. 1]
I. Background
RIN 9000–AN00
Federal Acquisition Regulation;
Unique Identification of Entities
Receiving Federal Awards
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
AGENCY:
DoD, GSA, and NASA are
proposing to amend the Federal
Acquisition Regulation (FAR) to redesignate the terminology for unique
identification of entities receiving
Federal awards. The change to the FAR
will remove the proprietary standard or
number.
DATES: Interested parties should submit
written comments to the Regulatory
SUMMARY:
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Secretariat at one of the addresses
shown below on or before January 19,
2016 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments in
response to FAR Case 2015–022 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FAR Case 2015–022’’.
Select the link ‘‘Comment Now’’ that
corresponds with FAR Case 2015–022.
Follow the instructions provided at the
‘‘Comment Now’’ screen. Please include
your name, company name (if any), and
‘‘FAR Case 2015–022’’ on your attached
document.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Ms. Flowers, 1800 F
Street NW., 2nd Floor, Washington, DC
20405.
Instructions: Please submit comments
only and cite FAR Case 2015–022, in all
correspondence related to this case.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr.
Edward Loeb, Procurement Analyst, at
202–501–0650, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
4755. Please cite FAR Case 2015–022.
SUPPLEMENTARY INFORMATION:
DoD, GSA, and NASA are proposing
to amend the Federal Acquisition
Regulation (FAR) to re-designate the
terminology for unique identification of
entities receiving Federal awards. The
change to the FAR will remove the
proprietary standard or number. Unique
identification of such entities is critical
to ensure Federal dollars are awarded to
responsible parties, awardees are paid
in a timely manner, and awards are
appropriately recorded and reported.
This is currently accomplished through
regulation (i.e., the FAR) using the
proprietary Data Universal Numbering
System (DUNS®) number from Dun and
Bradstreet. This rule proposes to
eliminate references to the proprietary
standard or number and to provide
appropriate references to the Web site
where information on the unique entity
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72035
identifier used for Federal contractors
will be located. In addition, the
proposed rule establishes definitions of
‘‘unique entity identifier’’, and
‘‘electronic funds transfer (EFT)
indicator’’.
In recent years, legislation has been
enacted (e.g., the Federal Funding
Accountability and Transparency Act
and the Digital Accountability and
Transparency Act) that requires
expanded identification of entities
working with the Government and the
development of standards, processes,
and policies to better trace Federal
dollars from appropriation to final
outcomes or results. Creation and
maintenance of data standards will
facilitate collection and display of
essential information. A data standard
for identification of entities receiving
Federal awards has been developed as
part of the implementation for the
Digital Accountability and
Transparency Act and is available at
https://fedspendingtransparency
.github.io/whitepapers/unique-idbusiness-name/.
Going forward, the Federal
Government will establish a transparent
process for exploring potential
alternatives to existing entity identifiers.
Office of Management and Budget
(OMB) and Treasury, in collaboration
with the General Services
Administration and the Award
Committee for E-Government will
establish a process for considering
options, including soliciting
information about viable alternatives
from and reaching out about
nonproprietary alternatives to all
sectors, including private companies,
nonprofits, and Federal government
providers. This process will result in an
analysis of alternatives for the unique
identification of entities working with
the Federal government while
maintaining the statutory and regulatory
integrity protections for the needs of the
various awarding communities (loans,
financial assistance, procurement, etc.)
as well as transparency communities.
The analysis of alternatives will include
consideration of costs, implementation
considerations, and protections for
Federal taxpayers. The analysis of
alternatives is anticipated to be
completed in Fiscal Year (FY) 2017.
Although the Government is not
currently in a position to move away
from use of the DUNS number in the
short term, elimination of regulatory
references to a proprietary entity
identifier will provide opportunities for
future competition that can reduce costs
to taxpayers. The current requirement
limits competition by using a
proprietary number and organization to
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meet the identification need as well as
the need for other business information
associated with that number.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
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III. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect
this rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq. However, an Initial Regulatory
Flexibility Analysis (IRFA) has been
prepared consistent with 5 U.S.C. 605.
The IRFA is summarized as follows:
The rule is being proposed to remove a
proprietary standard or number for the
unique identification of entities receiving
Federal awards. The current requirement
limits competition by using a proprietary
number and organization to meet the
identification needs.
Unique identification of such entities is
critical to ensure Federal dollars are awarded
to responsible parties, awardees are paid in
a timely manner, and awards are
appropriately recorded and reported. This is
currently accomplished through regulation in
the FAR using the proprietary Data Universal
Numbering System (DUNS®) number from
Dun and Bradstreet. This rule proposes to
eliminate references to the proprietary
standard or number, and to provide
appropriate references to the Web site where
information on the unique entity identifier
used for Federal contractors will be
designated.
Although the Government does not intend
to move away from use of the DUNS number
in the short term, elimination of regulatory
references to a proprietary entity identifier
will provide opportunities for future
competition that can reduce costs to
taxpayers.
The proposed rule is internal to the
Government and does not directly impose
any requirements on the vendor community.
However, the rule may affect certain entities
if those entities have arranged certain of their
business systems to utilize, accept, or
otherwise recognize the existing unique
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identifier (DUNS Number) and should that
unique identifier be changed at some point
to another identifier. As of June 2015, there
were 380,092 unique and active DUNS
numbers designated in the System for Award
Management and attributed to Government
contracting.
There is no change to recordkeeping as a
result of this rule.
The rule does not duplicate, overlap, or
conflict with any other Federal rules.
There are no known significant alternative
approaches to the rule that would meet the
requirements.
The Regulatory Secretariat has
submitted a copy of the IRFA to the
Chief Counsel for Advocacy of the Small
Business Administration. A copy of the
IRFA may be obtained from the
Regulatory Secretariat. DoD, GSA, and
NASA invite comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities.
DoD, GSA, and NASA will also
consider comments from small entities
concerning the existing regulations in
subparts affected by the rule in
accordance with 5 U.S.C. 610. Interested
parties must submit such comments
separately and should cite 5 U.S.C. 610
(FAR Case 2015–022), in
correspondence.
IV. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 2, 4, 9,
12, 19 and 52
Government procurement.
William Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
b. Adding, in alphabetical order the
definition ‘‘Electronic Funds Transfer
(EFT) indicator’’;
■ c. Revising paragraph (1) of the
definition ‘‘Registered in the System for
Award Management (SAM) database’’;
and
■ d. Adding, in alphabetical order, the
definition, ‘‘Unique entity identifier’’.
The added and revised text reads as
follows:
■
2.101
Definitions.
*
*
*
*
*
(b) * * *
(2) * * *
Electronic Funds Transfer (EFT)
indicator means a four-character suffix
to the unique entity identifier. The
suffix is assigned at the discretion of the
commercial, non-profit, or Government
entity to establish additional System for
Award Management records for
identifying alternative Electronic Funds
Transfer (EFT) accounts (see subpart
32.11) for the same entity.
*
*
*
*
*
Registered in the System for Award
Management (SAM) database * * *
(1) The Contractor has entered all
mandatory information, including the
unique entity identifier and the
Electronic Funds Transfer indicator, (if
applicable), the Commercial and
Government Entity (CAGE) code, as well
as data required by the Federal Funding
Accountability and Transparency Act of
2006 (see subpart 4.14), into the SAM
database;
*
*
*
*
*
Unique entity identifier means a
number or other identifier used to
identify a specific commercial, nonprofit, or Government entity. See
www.sam.gov for the designated entity
for establishing unique entity
identifiers.
*
*
*
*
*
Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 2, 4, 9,
12, 19 and 52 as set forth below:
■ 1. The authority citation for 48 CFR
parts 2, 4, 9, 12, 19 and 52 continues to
read as follows:
PART 4—ADMINISTRATIVE MATTERS
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
4.601
PART 2—DEFINITIONS OF WORDS
AND TERMS
2. Amend section 2.101, in paragraph
(b)(2) by—
■ a. Removing the definitions ‘‘Data
Universal Numbering System (DUNS)
number’’ and ‘‘Data Universal
Numbering System +4 (DUNS+4)
number’’;
■
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3. Amend section 4.601 by removing
the definition ‘‘Generic DUNS number’’
and adding in alphabetical order a
definition ‘‘Generic entity identifier’’ to
read as follows:
■
Definitions.
*
*
*
*
*
Generic entity identifier means a
number or other identifier assigned to a
category of vendors and not specific to
any individual or entity.
*
*
*
*
*
■ 4. Amend section 4.605 by revising
paragraph (b), the heading of paragraph
(c), and paragraphs (c)(1), and (c)(2)
introductory text; and removing from
paragraph (c)(2)(i)(C) ‘‘DUNS number’’
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and adding ‘‘unique entity identifier’’ in
its place.
The revised text reads as follows.
4.605
Procedures.
*
*
*
*
*
(b) Unique entity identifier. The
contracting officer shall identify and
report a unique entity identifier for the
successful offeror on a contract action.
The unique entity identifier shall
correspond to the successful offeror’s
name and address as stated in the offer
and resultant contract, and as registered
in the System for Award Management
database in accordance with the
provision at 52.204–7, System for
Award Management. The contracting
officer shall ask the offeror to provide its
unique entity identifier by using either
the provision at 52.204–6, Unique Entity
Identifier, the provision at 52.204–7,
System for Award Management, or the
provision at 52.212–1, Instructions to
Offerors—Commercial Items. (For a
discussion of the Commercial and
Government Entity (CAGE) Code, which
is a different identifier, see subpart
4.18.)
(c) Generic entity identifier. (1) The
use of a generic entity identifier should
be limited, and only used in the
situations described in paragraph (c)(2)
of this section. Use of a generic entity
identifier does not supersede the
requirements of either provisions
52.204–6, Unique Entity Identifier or
52.204–7, System for Award
Management (if present in the
solicitation) for the contractor to have a
unique entity identifier assigned.
(2) Authorized generic entity
identifiers, maintained by the Integrated
Award Environment (IAE) program
office (https://www.gsa.gov/portal/
content/105036), may be used to report
contracts in lieu of the contractor’s
actual unique entity identifier only for—
*
*
*
*
*
■ 5. Amend section 4.607 by—
■ a. Removing from paragraph (b) ‘‘Data
Universal Numbering System Number’’
and adding ‘‘Unique Entity Identifier’’
in its place; and
■ b. Revising paragraph (c) to read as
follows.
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4.607 Solicitation provisions and contract
clause.
*
*
*
*
*
(c) Insert the clause at 52.204–12,
Unique Entity Identifier Maintenance,
in solicitations and resulting contracts
that contain the provision at 52.204–6,
Unique Entity Identifier.
■ 6. Amend section 4.1103 by—
■ a. Removing from paragraph (a)(1)
‘‘must register;’’ and adding ‘‘shall
register;’’ in its place;
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b. Removing from paragraph (a)(2)
introductory text ‘‘DUNS number or, if
applicable, the DUNS+4 number’’ and
adding ‘‘unique entity identifier’’ in its
place; and
■ c. Revising paragraphs (a)(3) and (d) to
read as follows:
■
4.1103
Procedures.
(a) * * *
(3) Need not verify registration before
placing an order or call if the contract
or agreement includes the provision at
52.204–7, System for Award
Management, or the clause at 52.212–4,
Contract Terms and ConditionsCommercial Items, or a similar agency
clause, except when use of the
Governmentwide commercial purchase
card is contemplated as a method of
payment. (See 32.1108(b)(2)).
*
*
*
*
*
(d) The contracting officer shall, on
contractual documents transmitted to
the payment office, provide the unique
entity identifier and, if applicable, the
Electronic Funds Transfer indicator, in
accordance with agency procedures.
4.1402
[Amended]
7. Amend section 4.1402 by removing
from paragraph (b), last sentence,
‘‘DUNS number’’ and adding ‘‘entity
identifier’’ in its place.
■
4.1705
[Amended]
8. Amend section 4.1705 by removing
from paragraphs (a) and (b) ‘‘DUNS
number’’ and adding ‘‘entity identifier’’
in their places.
■ 9. Amend section 4.1800 by revising
paragraph (b) to read as follows.
■
4.1800
Scope of subpart.
*
*
*
*
*
(b) For information on the unique
entity identifier, which is a different
identifier, see 4.605 and the provisions
at 52.204–6, Unique Entity Identifier,
and 52.204–7, System for Award
Management.
■ 10. Amend section 4.1802 by:
■ a. Revising paragraph (a)(1); and
■ b. Removing from paragraph (b)
‘‘DUNS Number’’ and adding ‘‘unique
entity identifier’’ in its place.
The revised text reads as follows:
4.1802
Policy.
(a) * * * (1) Offerors shall provide
the contracting officer the CAGE code
assigned to that offeror’s location prior
to the award of a contract action above
the micro-purchase threshold, when
there is a requirement to be registered in
the System for Award Management
(SAM) or a requirement to have a
unique entity identifier in the
solicitation.
*
*
*
*
*
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4.1804
72037
[Amended]
11. Amend section 4.1804 by
removing from paragraph (a)(1) ‘‘Data
Universal Numbering System Number’’
and adding ‘‘Unique Entity Identifier’’
in its place.
■
PART 9—CONTRACTOR
QUALIFICATIONS
12. Amend section 9.404 by revising
paragraph (b)(6) to read as follows:
■
9.404 System for Award Management
Exclusions.
*
*
*
*
*
(b) * * *
(6) Unique Entity Identifier;
*
*
*
*
*
PART 12—ACQUISITION OF
COMMERCIAL ITEMS
12.301
[Amended]
13. Amend section 12.301 by
removing from paragraphs (d)(1) and (2)
‘‘DUNS Number’’ and adding ‘‘unique
entity identifier’’ in their places.
■
PART 19—SMALL BUSINESS
PROGRAMS
19.704
[Amended]
14. Amend section 19.704 by
removing from the introductory text of
paragraph (a) ‘‘must include’’ and
adding ‘‘shall include’’ in its place; and
removing from paragraphs (a)(10)(v) and
(vi) ‘‘DUNS number’’ and adding
‘‘unique entity identifier’’ in their
places.
■
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
15. Revise section 52.204–6 to read as
follows.
■
52.204–6
Unique Entity Identifier.
As prescribed in 4.607(b), insert the
following provision:
Unique Entity Identifier (Date)
(a) Definitions.
Electronic Funds Transfer (EFT) indicator,
as used in this provision, means a fourcharacter suffix to the unique entity
identifier. The suffix is assigned at the
discretion of the commercial, non-profit, or
Government entity to establish additional
System for Award Management records for
identifying alternative EFT accounts (see
subpart 32.11) for the same entity.
Unique entity identifier, as used in this
provision, means a number or other identifier
used to identify a specific commercial, nonprofit, or Government entity. See
www.sam.gov for the designated entity for
establishing unique entity identifiers.
(b) The Offeror shall enter, in the block
with its name and address on the cover page
of its offer, the annotation ‘‘Unique Entity
Identifier’’ followed by the unique entity
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identifier that identifies the Offeror’s name
and address exactly as stated in the offer. The
Offeror also shall enter its EFT indicator, if
applicable.
(c) If the Offeror does not have a unique
entity identifier, it should contact the entity
designated at SAM for establishment of the
unique entity identifier directly to obtain
one. The Offeror should be prepared to
provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other
name by which your entity is commonly
recognized.
(3) Company physical street address, city,
state and Zip Code.
(4) Company mailing address, city, state
and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company Headquarters name and
address (reporting relationship within your
entity).
(End of provision)
■ 16. Amend section 52.204–7 by—
■ a. Revising the date of the provision;
■ b. Amending paragraph (a) by—
■ i. Removing the definitions ‘‘Data
Universal Numbering System (DUNS)
number’’ and ‘‘Data Universal
Numbering System +4 (DUNS+4)’’;
■ ii. Adding, in alphabetical order, the
definition ‘‘Electronic Funds Transfer
(EFT) indicator’’;
■ iii. Revising paragraph (1) of the
definition ‘‘Registered in the System for
Award Management (SAM) database’’;
and
■ iv. Adding, in alphabetical order, the
definition ‘‘Unique entity identifier’’;
■ c. Removing from paragraph (b)(1)
‘‘the offeror’’ and adding ‘‘the Offeror’’
in its place; and
■ d. Revising paragraphs (b)(2) and (c).
The revised and added text reads as
follows:
52.204–7
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*
*
System for Award Management.
*
*
*
System for Award Management (DATE)
(a) Definitions. As used in this provision—
Electronic Funds Transfer (EFT) indicator
means a four-character suffix to the unique
entity identifier, the suffix is assigned at the
discretion of the commercial, non-profit, or
Government entity to establish additional
System for Award Management records for
identifying alternative EFT accounts (see the
FAR at subpart 32.11) for the same entity.
Registered in the System for Award
Management (SAM) database means that—
(1) The Offeror has entered all mandatory
information, including the unique entity
identifier and the EFT indicator, if
applicable, the Commercial and Government
Entity (CAGE) code, as well as data required
by the Federal Funding Accountability and
Transparency Act of 2006 (see subpart 4.14)
into the SAM database;
*
*
*
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Unique entity identifier means a number or
other identifier used to identify a specific
commercial, non-profit, or Government
entity. See www.sam.gov for the designated
entity for establishing unique entity
identifiers.
(b) * * *
(2) The Offeror shall enter, in the block
with its name and address on the cover page
of its offer, the annotation Unique Entity
Identifier followed by the unique entity
identifier that identifies the Offeror’s name
and address exactly as stated in the offer. The
Offeror also shall enter its EFT indicator, if
applicable. The unique entity identifier will
be used by the Contracting Officer to verify
that the Offeror is registered in the SAM
database.
(c) If the Offeror does not have a unique
entity identifier, it should contact the entity
designated at SAM for establishment of the
unique entity identifier directly to obtain
one. The Offeror should be prepared to
provide the following information:
(1) Company legal business.
(2) Tradestyle, doing business, or other
name by which your entity is commonly
recognized.
(3) Company Physical Street Address, City,
State, and Zip Code.
(4) Company Mailing Address, City, State
and Zip Code (if separate from physical).
(5) Company Telephone Number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company Headquarters name and
address (reporting relationship within your
entity).
unique entity identifier throughout the life of
the contract. The Contractor shall
communicate any change to the unique entity
identifier to the Contracting Officer within 30
days after the change, so an appropriate
modification can be issued to update the data
on the contract. A change in the unique
entity identifier does not necessarily require
a novation be accomplished.
(End of clause)
■ 19. Amend section 52.204–13 by—
■ a. Revising the date of the clause;
■ b. Amending paragraph (a) by—
■ i. Removing the definitions ‘‘Data
Universal Numbering System (DUNS)
number’’ and ‘‘Data Universal
Numbering System +4 (DUNS+4)’’;
■ ii. Adding, in alphabetical order, the
definition ‘‘Electronic Funds Transfer
(EFT) indicator’’;
■ iii. Revising paragraph (1) of the
definition ‘‘Registered in the System for
Award Management (SAM) database’’;
and
■ iv. Adding, in alphabetical order, the
definition ‘‘Unique entity identifier’’;
and
■ c. Revising paragraph (c)(3).
The revised and added text reads as
follows:
52.204–13 System for Award Management
Maintenance.
*
*
*
*
*
*
*
*
*
18. Revise section 52.204–12 to read
as follows.
System for Award Management
Maintenance (DATE)
(a) * * *
Electronic Funds Transfer (EFT) indicator
means a four-character suffix to the unique
entity identifier. The suffix is assigned at the
discretion of the commercial, non-profit, or
Government entity to establish additional
System for Award Management (SAM)
records for identifying alternative EFT
accounts (see the FAR at subpart 32.11) for
the same entity.
Registered in the System for Award
Management (SAM) database means that—
(1) The Contractor has entered all
mandatory information, including the unique
entity identifier (if applicable) or the EFT
indicator, the Commercial and Government
Entity (CAGE) code, as well as data required
by the Federal Funding Accountability and
Transparency Act of 2006 (see subpart 4.14),
into the SAM database;
52.204–12
*
*
*
*
*
*
17. Amend section 52.204–10 by—
a. Revising the date of the clause; and
b. Removing from paragraph (d)(2)(i)
‘‘identifier (DUNS Number)’’ and adding
‘‘entity identifier’’ in its place.
The revised text reads as follows:
■
■
■
52.204–10 Reporting Executive
Compensation and First-Tier Subcontract
Awards.
*
*
*
*
*
Reporting Executive Compensation and
First-Tier Subcontract Awards (DATE)
*
■
Unique Entity Identifier.
As prescribed in 4.607(c), insert the
following clause:
Unique Entity Identifier (DATE)
(a) Definition. Unique entity identifier, as
used in this clause, means a number or other
identifier used to identify a specific
commercial, non-profit, or Government
entity. See www.sam.gov for the designated
entity for establishing unique entity
identifiers.
(b) The Contractor shall ensure that the
unique entity identifier is maintained with
the entity designated at the System for Award
Management (SAM) for establishment of the
PO 00000
Frm 00057
Fmt 4702
Sfmt 4702
*
*
*
*
Unique entity identifier means a number or
other identifier used to identify a specific
commercial, non-profit, or Government
entity. See www.sam.gov for the designated
entity for establishing unique entity
identifiers.
*
*
*
*
*
(c) * * *
(3) The Contractor shall ensure that the
unique entity identifier is maintained with
the entity designated at SAM for
establishment of the unique entity identifier
throughout the life of the contract. The
Contractor shall communicate any change to
the unique entity identifier to the Contracting
E:\FR\FM\18NOP1.SGM
18NOP1
Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Proposed Rules
Officer within 30 days after the change, so an
appropriate modification can be issued to
update the data on the contract. A change in
the unique entity identifier does not
necessarily require a novation be
accomplished.
*
*
*
*
*
20. Amend section 52.204–14 by—
a. Revising the date of the clause; and
b. Removing from paragraph (f)(1)(i),
‘‘DUNS number’’ and adding ‘‘unique
entity identifier’’ in its place.
The revised text reads as follows:
■
■
■
52.204–14 Service Contract Reporting
Requirements.
*
*
*
*
*
*
Service Contract Reporting
Requirements (DATE)
*
*
*
*
*
■ 21. Amend section 52.204–15 by—
■ a. Revising the date of the clause; and
■ b. Removing from paragraph (f)(1)(i)
‘‘DUNS number’’ and adding ‘‘unique
entity identifier’’ in its place.
The revised text reads as follows:
52.204–15 Service Contract Reporting
Requirements for Indefinite-Delivery
Contracts.
*
*
*
*
and address. The Offeror also shall enter its
Electronic Funds Transfer (EFT) indicator, if
applicable. The EFT indicator is a fourcharacter suffix to the unique entity identifier
assigned at the discretion of the offeror to
establish additional SAM records for
identifying alternative EFT accounts (see
FAR subpart 32.11) for the same entity. If the
Offeror does not have a unique entity
identifier, it should contact the entity
designated at SAM for unique entity
identifier establishment directly to obtain
one. The offeror should indicate that it is an
offeror for a Government contract when
contacting the entity designated at SAM for
establishing the unique entity identifier.
*
*
*
*
■ 23. Amend section 52.212–3 by—
■ a. Revising the date of the provision;
and
■ b. Removing from paragraph (p)
introductory text ‘‘DUNS Number’’ and
adding ‘‘unique entity identifier’’ in its
place.
The revised text reads as follows:
*
*
*
*
22. Amend section 52.212–1 by
revising the date of the provision and
paragraph (j) to read as follows:
*
*
*
*
*
*
*
*
*
*
*
24. Amend section 52.212–5 by
revising the date of the clause and
paragraphs (b)(4), (b)(6), (b)(7), and
(b)(17)(i) to read as follows:
52.212–5 Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders-Commercial Items.
*
Instructions to Offerors-Commercial Items
(DATE)
*
*
*
*
*
*
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
(j) Unique entity identifier. (Applies to all
offers exceeding $3,500, and offers of $3,500
or less if the solicitation requires the
Contractor to be registered in the System for
Award Management (SAM) database.) The
Offeror shall enter, in the block with its name
and address on the cover page of its offer, the
annotation ‘‘unique entity identifier’’. The
suffix is followed by the unique entity
identifier that identifies the Offeror’s name
VerDate Sep<11>2014
18:24 Nov 17, 2015
Jkt 238001
*
*
*
*
Contract Terms and Conditions Required to
Implement Statutes or Executive OrdersCommercial Items (DATE)
*
*
*
*
*
*
*
*
*
25. Amend section 52.213–4 by
revising the date of the clause and
paragraph (b)(1)(i) to read as follows:
■
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
*
*
*
*
*
Terms and Conditions-Simplified
Acquisitions (Other Than Commercial Items)
(DATE)
*
*
*
*
*
*
*
■
52.212–1 Instructions to Offerors—
Commercial Items.
*
l (17)(i)52.219–9, Small Business
Subcontracting Plan (DATE) (15 U.S.C.
637(d)(4)).
*
■
*
*
52.212–3 Offeror Representations and
Certifications-Commercial Items.
*
Service Contract Reporting Requirements for
Indefinite-Delivery Contracts (DATE)
Delivery Contracts (DATE) (Pub. L. 111–117,
section 743 of Div. C).
(b) * * *
(1) * * *
(i) 52.204–10, Reporting Executive
Compensation and First-Tier Subcontract
Awards (DATE) (Pub. L. 109–282) (31 U.S.C.
6101 note) (Applies to contracts valued at
$25,000 or more).
Offeror Representations and CertificationsCommercial Items (DATE)
*
72039
*
*
*
*
(b) * * *
l (4)52.204–10, Reporting Executive
Compensation and First-Tier Subcontract
Awards (DATE) (Pub. L. 109–282) (31 U.S.C.
6101 note).
*
*
*
*
*
Frm 00058
Fmt 4702
Sfmt 9990
52.219–9
Plan.
*
l (6)52.204–14, Service Contract
Reporting Requirements (DATE) (Pub. L.
111–117, section 743 of Div. C).
l (7)52.204–15, Service Contract
Reporting Requirements for Indefinite-
PO 00000
*
*
*
*
26. Amend section 52.219–9 by—
■ a. Revising the date of the clause;
■ b. Removing from the introductory
text of paragraph (d) ‘‘offeror’s’’ and
adding ‘‘Offeror’s’’ in its place;
■ c. Removing from paragraph (d)(10)
introductory text ‘‘offeror’’ and adding
‘‘Offeror’’ in its place;
■ d. Removing from paragraph (d)(10)(v)
‘‘DUNS number,’’ and ‘‘the offeror’s’’
and adding ‘‘unique entity identifier,’’
and ‘‘the Offeror’s’’ in their places,
respectively; and
■ e. Removing from paragraph
(d)(10)(vi) ‘‘DUNS number,’’ and adding
‘‘unique entity identifier,’’ in its place.
The revised text reads as follows:
■
*
Small Business Subcontracting
*
*
*
Small Business Subcontracting Plan (DATE)
*
*
*
*
*
[FR Doc. 2015–29414 Filed 11–17–15; 8:45 am]
BILLING CODE 6820–EP–P
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]]>Agencies
[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Proposed Rules]
[Pages 72035-72039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29414]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, 9, 12, 19 and 52
[FAR Case 2015-022; Docket No. 2015-0022; Sequence No. 1]
RIN 9000-AN00
Federal Acquisition Regulation; Unique Identification of Entities
Receiving Federal Awards
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to re-designate the terminology for unique
identification of entities receiving Federal awards. The change to the
FAR will remove the proprietary standard or number.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat at one of the addresses shown below on or before
January 19, 2016 to be considered in the formulation of a final rule.
ADDRESSES: Submit comments in response to FAR Case 2015-022 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``FAR Case
2015-022''. Select the link ``Comment Now'' that corresponds with FAR
Case 2015-022. Follow the instructions provided at the ``Comment Now''
screen. Please include your name, company name (if any), and ``FAR Case
2015-022'' on your attached document.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAR Case 2015-
022, in all correspondence related to this case. Comments received
generally will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check
www.regulations.gov, approximately two to three days after submission
to verify posting (except allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr. Edward Loeb, Procurement Analyst,
at 202-501-0650, for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAR Case 2015-022.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are proposing to amend the Federal Acquisition
Regulation (FAR) to re-designate the terminology for unique
identification of entities receiving Federal awards. The change to the
FAR will remove the proprietary standard or number. Unique
identification of such entities is critical to ensure Federal dollars
are awarded to responsible parties, awardees are paid in a timely
manner, and awards are appropriately recorded and reported. This is
currently accomplished through regulation (i.e., the FAR) using the
proprietary Data Universal Numbering System (DUNS[supreg]) number from
Dun and Bradstreet. This rule proposes to eliminate references to the
proprietary standard or number and to provide appropriate references to
the Web site where information on the unique entity identifier used for
Federal contractors will be located. In addition, the proposed rule
establishes definitions of ``unique entity identifier'', and
``electronic funds transfer (EFT) indicator''.
In recent years, legislation has been enacted (e.g., the Federal
Funding Accountability and Transparency Act and the Digital
Accountability and Transparency Act) that requires expanded
identification of entities working with the Government and the
development of standards, processes, and policies to better trace
Federal dollars from appropriation to final outcomes or results.
Creation and maintenance of data standards will facilitate collection
and display of essential information. A data standard for
identification of entities receiving Federal awards has been developed
as part of the implementation for the Digital Accountability and
Transparency Act and is available at https://fedspendingtransparency.github.io/whitepapers/unique-id-business-name/.
Going forward, the Federal Government will establish a transparent
process for exploring potential alternatives to existing entity
identifiers. Office of Management and Budget (OMB) and Treasury, in
collaboration with the General Services Administration and the Award
Committee for E-Government will establish a process for considering
options, including soliciting information about viable alternatives
from and reaching out about nonproprietary alternatives to all sectors,
including private companies, nonprofits, and Federal government
providers. This process will result in an analysis of alternatives for
the unique identification of entities working with the Federal
government while maintaining the statutory and regulatory integrity
protections for the needs of the various awarding communities (loans,
financial assistance, procurement, etc.) as well as transparency
communities. The analysis of alternatives will include consideration of
costs, implementation considerations, and protections for Federal
taxpayers. The analysis of alternatives is anticipated to be completed
in Fiscal Year (FY) 2017.
Although the Government is not currently in a position to move away
from use of the DUNS number in the short term, elimination of
regulatory references to a proprietary entity identifier will provide
opportunities for future competition that can reduce costs to
taxpayers. The current requirement limits competition by using a
proprietary number and organization to
[[Page 72036]]
meet the identification need as well as the need for other business
information associated with that number.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
III. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect this rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
However, an Initial Regulatory Flexibility Analysis (IRFA) has been
prepared consistent with 5 U.S.C. 605. The IRFA is summarized as
follows:
The rule is being proposed to remove a proprietary standard or
number for the unique identification of entities receiving Federal
awards. The current requirement limits competition by using a
proprietary number and organization to meet the identification
needs.
Unique identification of such entities is critical to ensure
Federal dollars are awarded to responsible parties, awardees are
paid in a timely manner, and awards are appropriately recorded and
reported. This is currently accomplished through regulation in the
FAR using the proprietary Data Universal Numbering System
(DUNS[supreg]) number from Dun and Bradstreet. This rule proposes to
eliminate references to the proprietary standard or number, and to
provide appropriate references to the Web site where information on
the unique entity identifier used for Federal contractors will be
designated.
Although the Government does not intend to move away from use of
the DUNS number in the short term, elimination of regulatory
references to a proprietary entity identifier will provide
opportunities for future competition that can reduce costs to
taxpayers.
The proposed rule is internal to the Government and does not
directly impose any requirements on the vendor community. However,
the rule may affect certain entities if those entities have arranged
certain of their business systems to utilize, accept, or otherwise
recognize the existing unique identifier (DUNS Number) and should
that unique identifier be changed at some point to another
identifier. As of June 2015, there were 380,092 unique and active
DUNS numbers designated in the System for Award Management and
attributed to Government contracting.
There is no change to recordkeeping as a result of this rule.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
There are no known significant alternative approaches to the
rule that would meet the requirements.
The Regulatory Secretariat has submitted a copy of the IRFA to the
Chief Counsel for Advocacy of the Small Business Administration. A copy
of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA,
and NASA invite comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by the rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAR Case 2015-022),
in correspondence.
IV. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 2, 4, 9, 12, 19 and 52
Government procurement.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 4,
9, 12, 19 and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 2, 4, 9, 12, 19 and 52
continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 2--DEFINITIONS OF WORDS AND TERMS
0
2. Amend section 2.101, in paragraph (b)(2) by--
0
a. Removing the definitions ``Data Universal Numbering System (DUNS)
number'' and ``Data Universal Numbering System +4 (DUNS+4) number'';
0
b. Adding, in alphabetical order the definition ``Electronic Funds
Transfer (EFT) indicator'';
0
c. Revising paragraph (1) of the definition ``Registered in the System
for Award Management (SAM) database''; and
0
d. Adding, in alphabetical order, the definition, ``Unique entity
identifier''.
The added and revised text reads as follows:
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
Electronic Funds Transfer (EFT) indicator means a four-character
suffix to the unique entity identifier. The suffix is assigned at the
discretion of the commercial, non-profit, or Government entity to
establish additional System for Award Management records for
identifying alternative Electronic Funds Transfer (EFT) accounts (see
subpart 32.11) for the same entity.
* * * * *
Registered in the System for Award Management (SAM) database * * *
(1) The Contractor has entered all mandatory information, including
the unique entity identifier and the Electronic Funds Transfer
indicator, (if applicable), the Commercial and Government Entity (CAGE)
code, as well as data required by the Federal Funding Accountability
and Transparency Act of 2006 (see subpart 4.14), into the SAM database;
* * * * *
Unique entity identifier means a number or other identifier used to
identify a specific commercial, non-profit, or Government entity. See
www.sam.gov for the designated entity for establishing unique entity
identifiers.
* * * * *
PART 4--ADMINISTRATIVE MATTERS
0
3. Amend section 4.601 by removing the definition ``Generic DUNS
number'' and adding in alphabetical order a definition ``Generic entity
identifier'' to read as follows:
4.601 Definitions.
* * * * *
Generic entity identifier means a number or other identifier
assigned to a category of vendors and not specific to any individual or
entity.
* * * * *
0
4. Amend section 4.605 by revising paragraph (b), the heading of
paragraph (c), and paragraphs (c)(1), and (c)(2) introductory text; and
removing from paragraph (c)(2)(i)(C) ``DUNS number''
[[Page 72037]]
and adding ``unique entity identifier'' in its place.
The revised text reads as follows.
4.605 Procedures.
* * * * *
(b) Unique entity identifier. The contracting officer shall
identify and report a unique entity identifier for the successful
offeror on a contract action. The unique entity identifier shall
correspond to the successful offeror's name and address as stated in
the offer and resultant contract, and as registered in the System for
Award Management database in accordance with the provision at 52.204-7,
System for Award Management. The contracting officer shall ask the
offeror to provide its unique entity identifier by using either the
provision at 52.204-6, Unique Entity Identifier, the provision at
52.204-7, System for Award Management, or the provision at 52.212-1,
Instructions to Offerors--Commercial Items. (For a discussion of the
Commercial and Government Entity (CAGE) Code, which is a different
identifier, see subpart 4.18.)
(c) Generic entity identifier. (1) The use of a generic entity
identifier should be limited, and only used in the situations described
in paragraph (c)(2) of this section. Use of a generic entity identifier
does not supersede the requirements of either provisions 52.204-6,
Unique Entity Identifier or 52.204-7, System for Award Management (if
present in the solicitation) for the contractor to have a unique entity
identifier assigned.
(2) Authorized generic entity identifiers, maintained by the
Integrated Award Environment (IAE) program office (https://www.gsa.gov/portal/content/105036), may be used to report contracts in lieu of the
contractor's actual unique entity identifier only for--
* * * * *
0
5. Amend section 4.607 by--
0
a. Removing from paragraph (b) ``Data Universal Numbering System
Number'' and adding ``Unique Entity Identifier'' in its place; and
0
b. Revising paragraph (c) to read as follows.
4.607 Solicitation provisions and contract clause.
* * * * *
(c) Insert the clause at 52.204-12, Unique Entity Identifier
Maintenance, in solicitations and resulting contracts that contain the
provision at 52.204-6, Unique Entity Identifier.
0
6. Amend section 4.1103 by--
0
a. Removing from paragraph (a)(1) ``must register;'' and adding ``shall
register;'' in its place;
0
b. Removing from paragraph (a)(2) introductory text ``DUNS number or,
if applicable, the DUNS+4 number'' and adding ``unique entity
identifier'' in its place; and
0
c. Revising paragraphs (a)(3) and (d) to read as follows:
4.1103 Procedures.
(a) * * *
(3) Need not verify registration before placing an order or call if
the contract or agreement includes the provision at 52.204-7, System
for Award Management, or the clause at 52.212-4, Contract Terms and
Conditions-Commercial Items, or a similar agency clause, except when
use of the Governmentwide commercial purchase card is contemplated as a
method of payment. (See 32.1108(b)(2)).
* * * * *
(d) The contracting officer shall, on contractual documents
transmitted to the payment office, provide the unique entity identifier
and, if applicable, the Electronic Funds Transfer indicator, in
accordance with agency procedures.
4.1402 [Amended]
0
7. Amend section 4.1402 by removing from paragraph (b), last sentence,
``DUNS number'' and adding ``entity identifier'' in its place.
4.1705 [Amended]
0
8. Amend section 4.1705 by removing from paragraphs (a) and (b) ``DUNS
number'' and adding ``entity identifier'' in their places.
0
9. Amend section 4.1800 by revising paragraph (b) to read as follows.
4.1800 Scope of subpart.
* * * * *
(b) For information on the unique entity identifier, which is a
different identifier, see 4.605 and the provisions at 52.204-6, Unique
Entity Identifier, and 52.204-7, System for Award Management.
0
10. Amend section 4.1802 by:
0
a. Revising paragraph (a)(1); and
0
b. Removing from paragraph (b) ``DUNS Number'' and adding ``unique
entity identifier'' in its place.
The revised text reads as follows:
4.1802 Policy.
(a) * * * (1) Offerors shall provide the contracting officer the
CAGE code assigned to that offeror's location prior to the award of a
contract action above the micro-purchase threshold, when there is a
requirement to be registered in the System for Award Management (SAM)
or a requirement to have a unique entity identifier in the
solicitation.
* * * * *
4.1804 [Amended]
0
11. Amend section 4.1804 by removing from paragraph (a)(1) ``Data
Universal Numbering System Number'' and adding ``Unique Entity
Identifier'' in its place.
PART 9--CONTRACTOR QUALIFICATIONS
0
12. Amend section 9.404 by revising paragraph (b)(6) to read as
follows:
9.404 System for Award Management Exclusions.
* * * * *
(b) * * *
(6) Unique Entity Identifier;
* * * * *
PART 12--ACQUISITION OF COMMERCIAL ITEMS
12.301 [Amended]
0
13. Amend section 12.301 by removing from paragraphs (d)(1) and (2)
``DUNS Number'' and adding ``unique entity identifier'' in their
places.
PART 19--SMALL BUSINESS PROGRAMS
19.704 [Amended]
0
14. Amend section 19.704 by removing from the introductory text of
paragraph (a) ``must include'' and adding ``shall include'' in its
place; and removing from paragraphs (a)(10)(v) and (vi) ``DUNS number''
and adding ``unique entity identifier'' in their places.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
15. Revise section 52.204-6 to read as follows.
52.204-6 Unique Entity Identifier.
As prescribed in 4.607(b), insert the following provision:
Unique Entity Identifier (Date)
(a) Definitions.
Electronic Funds Transfer (EFT) indicator, as used in this
provision, means a four-character suffix to the unique entity
identifier. The suffix is assigned at the discretion of the
commercial, non-profit, or Government entity to establish additional
System for Award Management records for identifying alternative EFT
accounts (see subpart 32.11) for the same entity.
Unique entity identifier, as used in this provision, means a
number or other identifier used to identify a specific commercial,
non-profit, or Government entity. See www.sam.gov for the designated
entity for establishing unique entity identifiers.
(b) The Offeror shall enter, in the block with its name and
address on the cover page of its offer, the annotation ``Unique
Entity Identifier'' followed by the unique entity
[[Page 72038]]
identifier that identifies the Offeror's name and address exactly as
stated in the offer. The Offeror also shall enter its EFT indicator,
if applicable.
(c) If the Offeror does not have a unique entity identifier, it
should contact the entity designated at SAM for establishment of the
unique entity identifier directly to obtain one. The Offeror should
be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your
entity is commonly recognized.
(3) Company physical street address, city, state and Zip Code.
(4) Company mailing address, city, state and Zip Code (if
separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company Headquarters name and address (reporting
relationship within your entity).
(End of provision)
0
16. Amend section 52.204-7 by--
0
a. Revising the date of the provision;
0
b. Amending paragraph (a) by--
0
i. Removing the definitions ``Data Universal Numbering System (DUNS)
number'' and ``Data Universal Numbering System +4 (DUNS+4)'';
0
ii. Adding, in alphabetical order, the definition ``Electronic Funds
Transfer (EFT) indicator'';
0
iii. Revising paragraph (1) of the definition ``Registered in the
System for Award Management (SAM) database''; and
0
iv. Adding, in alphabetical order, the definition ``Unique entity
identifier'';
0
c. Removing from paragraph (b)(1) ``the offeror'' and adding ``the
Offeror'' in its place; and
0
d. Revising paragraphs (b)(2) and (c).
The revised and added text reads as follows:
52.204-7 System for Award Management.
* * * * *
System for Award Management (DATE)
(a) Definitions. As used in this provision--
Electronic Funds Transfer (EFT) indicator means a four-character
suffix to the unique entity identifier, the suffix is assigned at
the discretion of the commercial, non-profit, or Government entity
to establish additional System for Award Management records for
identifying alternative EFT accounts (see the FAR at subpart 32.11)
for the same entity.
Registered in the System for Award Management (SAM) database
means that--
(1) The Offeror has entered all mandatory information, including
the unique entity identifier and the EFT indicator, if applicable,
the Commercial and Government Entity (CAGE) code, as well as data
required by the Federal Funding Accountability and Transparency Act
of 2006 (see subpart 4.14) into the SAM database;
* * * * *
Unique entity identifier means a number or other identifier used
to identify a specific commercial, non-profit, or Government entity.
See www.sam.gov for the designated entity for establishing unique
entity identifiers.
(b) * * *
(2) The Offeror shall enter, in the block with its name and
address on the cover page of its offer, the annotation Unique Entity
Identifier followed by the unique entity identifier that identifies
the Offeror's name and address exactly as stated in the offer. The
Offeror also shall enter its EFT indicator, if applicable. The
unique entity identifier will be used by the Contracting Officer to
verify that the Offeror is registered in the SAM database.
(c) If the Offeror does not have a unique entity identifier, it
should contact the entity designated at SAM for establishment of the
unique entity identifier directly to obtain one. The Offeror should
be prepared to provide the following information:
(1) Company legal business.
(2) Tradestyle, doing business, or other name by which your
entity is commonly recognized.
(3) Company Physical Street Address, City, State, and Zip Code.
(4) Company Mailing Address, City, State and Zip Code (if
separate from physical).
(5) Company Telephone Number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company Headquarters name and address (reporting
relationship within your entity).
* * * * *
0
17. Amend section 52.204-10 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (d)(2)(i) ``identifier (DUNS Number)'' and
adding ``entity identifier'' in its place.
The revised text reads as follows:
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards.
* * * * *
Reporting Executive Compensation and First-Tier Subcontract Awards
(DATE)
* * * * *
0
18. Revise section 52.204-12 to read as follows.
52.204-12 Unique Entity Identifier.
As prescribed in 4.607(c), insert the following clause:
Unique Entity Identifier (DATE)
(a) Definition. Unique entity identifier, as used in this
clause, means a number or other identifier used to identify a
specific commercial, non-profit, or Government entity. See
www.sam.gov for the designated entity for establishing unique entity
identifiers.
(b) The Contractor shall ensure that the unique entity
identifier is maintained with the entity designated at the System
for Award Management (SAM) for establishment of the unique entity
identifier throughout the life of the contract. The Contractor shall
communicate any change to the unique entity identifier to the
Contracting Officer within 30 days after the change, so an
appropriate modification can be issued to update the data on the
contract. A change in the unique entity identifier does not
necessarily require a novation be accomplished.
(End of clause)
0
19. Amend section 52.204-13 by--
0
a. Revising the date of the clause;
0
b. Amending paragraph (a) by--
0
i. Removing the definitions ``Data Universal Numbering System (DUNS)
number'' and ``Data Universal Numbering System +4 (DUNS+4)'';
0
ii. Adding, in alphabetical order, the definition ``Electronic Funds
Transfer (EFT) indicator'';
0
iii. Revising paragraph (1) of the definition ``Registered in the
System for Award Management (SAM) database''; and
0
iv. Adding, in alphabetical order, the definition ``Unique entity
identifier''; and
0
c. Revising paragraph (c)(3).
The revised and added text reads as follows:
52.204-13 System for Award Management Maintenance.
* * * * *
System for Award Management Maintenance (DATE)
(a) * * *
Electronic Funds Transfer (EFT) indicator means a four-character
suffix to the unique entity identifier. The suffix is assigned at
the discretion of the commercial, non-profit, or Government entity
to establish additional System for Award Management (SAM) records
for identifying alternative EFT accounts (see the FAR at subpart
32.11) for the same entity.
Registered in the System for Award Management (SAM) database
means that--
(1) The Contractor has entered all mandatory information,
including the unique entity identifier (if applicable) or the EFT
indicator, the Commercial and Government Entity (CAGE) code, as well
as data required by the Federal Funding Accountability and
Transparency Act of 2006 (see subpart 4.14), into the SAM database;
* * * * *
Unique entity identifier means a number or other identifier used
to identify a specific commercial, non-profit, or Government entity.
See www.sam.gov for the designated entity for establishing unique
entity identifiers.
* * * * *
(c) * * *
(3) The Contractor shall ensure that the unique entity
identifier is maintained with the entity designated at SAM for
establishment of the unique entity identifier throughout the life of
the contract. The Contractor shall communicate any change to the
unique entity identifier to the Contracting
[[Page 72039]]
Officer within 30 days after the change, so an appropriate
modification can be issued to update the data on the contract. A
change in the unique entity identifier does not necessarily require
a novation be accomplished.
* * * * *
0
20. Amend section 52.204-14 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (f)(1)(i), ``DUNS number'' and adding
``unique entity identifier'' in its place.
The revised text reads as follows:
52.204-14 Service Contract Reporting Requirements.
* * * * *
Service Contract Reporting Requirements (DATE)
* * * * *
0
21. Amend section 52.204-15 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (f)(1)(i) ``DUNS number'' and adding
``unique entity identifier'' in its place.
The revised text reads as follows:
52.204-15 Service Contract Reporting Requirements for Indefinite-
Delivery Contracts.
* * * * *
Service Contract Reporting Requirements for Indefinite-Delivery
Contracts (DATE)
* * * * *
0
22. Amend section 52.212-1 by revising the date of the provision and
paragraph (j) to read as follows:
52.212-1 Instructions to Offerors--Commercial Items.
* * * * *
Instructions to Offerors-Commercial Items (DATE)
* * * * *
(j) Unique entity identifier. (Applies to all offers exceeding
$3,500, and offers of $3,500 or less if the solicitation requires
the Contractor to be registered in the System for Award Management
(SAM) database.) The Offeror shall enter, in the block with its name
and address on the cover page of its offer, the annotation ``unique
entity identifier''. The suffix is followed by the unique entity
identifier that identifies the Offeror's name and address. The
Offeror also shall enter its Electronic Funds Transfer (EFT)
indicator, if applicable. The EFT indicator is a four-character
suffix to the unique entity identifier assigned at the discretion of
the offeror to establish additional SAM records for identifying
alternative EFT accounts (see FAR subpart 32.11) for the same
entity. If the Offeror does not have a unique entity identifier, it
should contact the entity designated at SAM for unique entity
identifier establishment directly to obtain one. The offeror should
indicate that it is an offeror for a Government contract when
contacting the entity designated at SAM for establishing the unique
entity identifier.
* * * * *
0
23. Amend section 52.212-3 by--
0
a. Revising the date of the provision; and
0
b. Removing from paragraph (p) introductory text ``DUNS Number'' and
adding ``unique entity identifier'' in its place.
The revised text reads as follows:
52.212-3 Offeror Representations and Certifications-Commercial Items.
* * * * *
Offeror Representations and Certifications-Commercial Items (DATE)
* * * * *
0
24. Amend section 52.212-5 by revising the date of the clause and
paragraphs (b)(4), (b)(6), (b)(7), and (b)(17)(i) to read as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders-Commercial Items.
* * * * *
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders-Commercial Items (DATE)
* * * * *
(b) * * *
_ (4)52.204-10, Reporting Executive Compensation and First-Tier
Subcontract Awards (DATE) (Pub. L. 109-282) (31 U.S.C. 6101 note).
* * * * *
_ (6)52.204-14, Service Contract Reporting Requirements (DATE)
(Pub. L. 111-117, section 743 of Div. C).
_ (7)52.204-15, Service Contract Reporting Requirements for
Indefinite-Delivery Contracts (DATE) (Pub. L. 111-117, section 743
of Div. C).
* * * * *
_ (17)(i)52.219-9, Small Business Subcontracting Plan (DATE) (15
U.S.C. 637(d)(4)).
* * * * *
0
25. Amend section 52.213-4 by revising the date of the clause and
paragraph (b)(1)(i) to read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions-Simplified Acquisitions (Other Than Commercial
Items) (DATE)
* * * * *
(b) * * *
(1) * * *
(i) 52.204-10, Reporting Executive Compensation and First-Tier
Subcontract Awards (DATE) (Pub. L. 109-282) (31 U.S.C. 6101 note)
(Applies to contracts valued at $25,000 or more).
* * * * *
0
26. Amend section 52.219-9 by--
0
a. Revising the date of the clause;
0
b. Removing from the introductory text of paragraph (d) ``offeror's''
and adding ``Offeror's'' in its place;
0
c. Removing from paragraph (d)(10) introductory text ``offeror'' and
adding ``Offeror'' in its place;
0
d. Removing from paragraph (d)(10)(v) ``DUNS number,'' and ``the
offeror's'' and adding ``unique entity identifier,'' and ``the
Offeror's'' in their places, respectively; and
0
e. Removing from paragraph (d)(10)(vi) ``DUNS number,'' and adding
``unique entity identifier,'' in its place.
The revised text reads as follows:
52.219-9 Small Business Subcontracting Plan.
* * * * *
Small Business Subcontracting Plan (DATE)
* * * * *
[FR Doc. 2015-29414 Filed 11-17-15; 8:45 am]
BILLING CODE 6820-EP-P
