Federal Acquisition Regulation (FAR): Central contractor registration,
[Federal Register: April 3, 2003 (Volume 68, Number 64)]
[Proposed Rules]
[Page 16365-16371]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap03-31]
[[Page 16365]]
Part III
Department of Defense
General Services Administration
National Aeronautics and Space Administration
48 CFR Part 2, et al.
Federal Acquisition Regulation; Central Contractor Registration; Proposed Rule
[[Page 16366]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 2, et al.
[FAR Case 2002-018]
RIN 9000-AJ61
Federal Acquisition Regulation; Central Contractor Registration
AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to require contractor registration in the Central Contractor Registration (CCR) database prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement. In addition, the rule requires contracting officers to modify existing contracts whose period of performance extends beyond September 30, 2003, to require contractors to register in the CCR database by September 30, 2003. The rule also revises the source list of supplies at FAR 13.102 to reflect statutory changes in 15 U.S.C. 644(g).
DATES: Interested parties should submit comments in writing on or before June 2, 2003, to be considered in the formulation of a final rule.
ADDRESSES: Submit written comments to--General Services Administration, FAR Secretariat (MVA), 1800 F Street, NW., Room 4035, ATTN: Laurie Duarte, Washington, DC 20405.
Submit electronic comments via the Internet to--farcase.2002- 018@gsa.gov. Please submit comments only and cite FAR case 2002-018 in all correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS Building, Washington, DC, 20405, at (202) 501-4755 for information pertaining to status or publication schedules. For clarification of content, contact Linda Klein, Procurement Analyst, at (202) 501-3775. Please cite FAR case 2002-018.
SUPPLEMENTARY INFORMATION:
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Background
This rule proposes to amend the Federal Acquisition Regulation (FAR) to require contractor registration in a Central Contractor Registration (CCR) database prior to the award of a contract, basic agreement, basic ordering agreement, blanket purchase agreement, and the modification of all existing contracts, basic agreements, basic ordering agreements, blanket purchase agreements, or orders by September 30, 2003.
Certain agencies, e.g., DoD, currently require in their regulations that contractors register in the CCR database. For other agencies, under current FAR regulations, contractors are required to submit the same information to various contracting and payment offices. Under the proposed rule, contractors are required to provide certain business information, including their Taxpayer Identification Number (TINs) and Electronic Funds Transfer (EFT) information only once into a common Governmentwide data source. The Government will use this common Governmentwide data source to more efficiently meet the requirements of the Debt Collection Improvement Act of 1996 (section 31001 of Pub. L. 104-134). This proposed rule will not create a total electronic commerce environment, but will help provide a basic framework or foundation that will allow migration to a total electronic commerce environment. There are other projects that are completed (FedBizOpps) or in the planning stages, which are complementary and will also become part of the total electronic commerce initiative.
The ``Business Partner Network'' definition in the FAR coverage has been limited to contractors because the regulation is directed towards contractors. It should be noted that Government use of the Business Partner Network is broader in scope and includes contractors, grantees, and others.
Also, the source list of supplies at FAR 13.102 has been revised to reflect statutory changes in 15 U.S.C. 644(g).
This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.
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Regulatory Flexibility Act
The changes may 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. An Initial Regulatory Flexibility Analysis (IRFA) has been prepared and will be provided to the Chief Counsel for Advocacy for the Small Business Administration. The analysis is summarized as follows:
Certain agencies, e.g., DoD, currently require in their regulations that contractors register in the CCR database. For other agencies, under current FAR regulations, contractors are required to submit the same information to various contracting and payment offices. Under the proposed rule, contractors are required to provide certain business information, including their Taxpayer Identification Number (TINs) and Electronic Funds Transfer (EFT) information only once into a common Governmentwide data source. The Government will use this common Governmentwide data source to more efficiently meet the requirements of the Debt Collection Improvement Act of 1996 (section 31001 of Pub. L. 104-134). This proposed rule will not create a total electronic commerce environment, but will help provide a basic framework or foundation that will allow migration to a total electronic commerce environment. There are other projects that are completed (FedBizOpps) or in the planning, which are complementary and will also become part of the total electronic commerce initiative.
To date, no supporting data has been collected; therefore, there is no available estimate of the number of small businesses that will be subject to the rule. However, some agencies (e.g., DoD) already have this requirement and there does not appear to be any adverse impact on small business. Based on Federal Procurement Data System infor-mation, approximately, 54,199 businesses (42,675 small businesses, 11,524 large businesses) were awarded contracts of $25,000 or more in fiscal year 2001. It is estimated that a majority of them will be subject to the rule. Many of these businesses are already among the over 200,000 registrants in CCR. Information is not available to identify the additional number of small businesses that were awarded contracts of less than $25,000, or were awarded basic agreements, basic ordering agreements, or blanket purchase agreements. All small entities will be subject to the rule unless their contract, basic agreements, basic ordering agreements, and blanket purchase agreements fall within one of the five exceptions. Administrative or financial personnel, who have general knowledge of the contractor's business, including the contractor's bank account and financial agent, are able to register by providing the pertinent information into the CCR database. Existing regulations require contractors to submit, with each offer, or as a term of each basic agreement, basic ordering agreement, and blanket purchase agreement, the same information.
The FAR 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 FAR Secretariat. The Councils will consider comments from small entities concerning the affected FAR parts 2, 4, 13, 32, and 52 in accordance with 5 U.S.C. 610. Comments must be submitted separately
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and should cite 5 U.S.C 601, et seq. (FAR case 2002-018), in correspondence.
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Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 104-13) applies because the proposed rule contains information collection requirements. Accordingly, the FAR Secretariat has submitted a request for approval of a new information collection requirement concerning Central Contractor Registration to the Office of Management and Budget under 44 U.S.C. 3501, et seq.
Annual Reporting Burden
The paperwork burden analysis takes into account the burden required for current registrants to keep the information current, complete and accurate and the burden required for new registrants to review instructions, search existing data sources, gather and maintain the data needed, and completing and reviewing the collection of information. Public reporting burden for this collection of information is estimated to average 1 hour per response for new and current registrants.
The annual reporting burden is estimated as follows:
Respondents: 54,199.
Responses per respondent: 1.
Total annual responses: 54,199.
Preparation hours per response: 1.
Total response burden hours: 54,199.
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Request for Comments Regarding Paperwork Burden
Submit comments, including suggestions for reducing this burden, not later than June 2, 2003, to: FAR Desk Officer, OMB, Room 10102, NEOB, Washington, DC 20503, and a copy to the General Services Administration, FAR Secretariat (MVA), 1800 F Street, NW., Room 4035, Washington, DC 20405.
Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.
Requesters may obtain a copy of the justification from the General Services Administration, FAR Secretariat (MVA), Room 4035, Washington, DC 20405, telephone (202) 501-4755. Please cite OMB Control Number 9000-00XX, Central Contractor Registration, in all correspondence.
List of Subjects in 48 CFR Parts 2, 4, 13, 32, and 52
Government procurement.
Dated: March 27, 2003. Ralph J. De Stefano, Acting Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 4, 13, 32, and 52 as set forth below:
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The authority citation for 48 CFR parts 2, 4, 13, 32, and 52 continues to read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).
PART 2--DEFINITIONS OF WORDS AND TERMS
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Amend section 2.101(b) by adding, in alphabetical order, the definitions ``Central Contractor Registration (CCR) database'', ``Data Universal Numbering System (DUNS) number'', ``Data Universal Numbering System +4 (DUNS+4) number'', and ``Registered in the CCR database'' to read as follows:
2.101 Definitions.
* * * * *
(b) * * *
Central Contractor Registration (CCR) database means the primary Government repository for contractor information required for the conduct of business with the Government. * * * * *
Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet Information Services to identify unique business entities.
Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by Dun and Bradstreet plus a 4-character suffix that may be assigned by a business concern. This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern. * * * * *
Registered in the CCR database means that--
(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and
(2) The Government has validated mandatory data fields and has marked the record ``Active''. * * * * *
PART 4--ADMINISTRATIVE MATTERS
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Amend section 4.603 by revising paragraph (a)(1) to read as follows:
4.603 Solicitation provisions.
(a)(1) The contracting officer shall insert the provision at 52.204-6, Data Universal Numbering System (DUNS) Number, in solicitations that--
(i) Are expected to result in a requirement for the generation of an SF 279, Federal Procurement Data System (FPDS)--Individual Contract Action Report (see 4.602(c)), or a similar agency form; and
(ii) Do not contain the clause at 52.204-XX, Central Contractor Registration. * * * * *
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Add subpart 4.11 to read as follows: Subpart 4.11--Central Contractor Registration Sec. 4.1100 Scope. 4.1101 Definitions. 4.1102 Policy. 4.1103 Procedures. 4.1104 Solicitation provision and contract clauses.
4.1100 Scope.
This subpart prescribes policies and procedures for requiring contractor registration in the Central Contractor Registration (CCR) database, a part of the Business Partner Network (BPN) to--
(a) Increase visibility of vendor sources (including their geographical locations) for specific supplies and services; and
(b) Establish a common source of vendor data for the Government.
4.1101 Definitions.
As used in this subpart--
Agreement means basic agreement, basic ordering agreement, or blanket purchase agreement.
Business Partner Network means an integrated electronic infrastructure the Government uses to manage (i.e., collect, validate, access and maintain) the information it needs to transact business with its contractors.
4.1102 Policy.
(a) Prospective contractors shall be registered in the CCR database prior to award of a contract or agreement, except for--
(1) Purchases that use a Governmentwide commercial purchase card as the purchasing mechanism;
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(2) Classified contracts or purchases (see 4.401) when registration in the CCR database, or use of CCR data, could compromise the safeguarding of classified information or national security;
(3) Contracts awarded by--
(i) Deployed contracting officers in the course of military operations, including, but not limited to, contingency operations as defined in 10 U.S.C. 101(a)(13) or humanitarian or peacekeeping operations as defined in 10 U.S.C. 2302(7); or
(ii) Contracting officers in the conduct of emergency operations, such as responses to natural or environmental disasters or national or civil emergencies, e.g., Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121);
(4) Contracts to support unusual or compelling needs (see 6.302-2); and
(5) Awards made to foreign vendors for work performed outside the United States, if it is impractical to obtain CCR registration before award.
(b) If practical, the contracting officer shall modify the contract or agreement awarded under paragraph (a)(3) or (a)(4) of this section to required CCR registration.
(c)(1)(i) If a contractor has legally changed its business name, ``doing business as'' name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the contractor shall provide the responsible contracting officer a minimum of one business day's written notification of its intention to change the name in the CCR database; comply with the requirements of 42.12; and agree in writing to the timeline and procedures specified by the responsible contracting officer. The contractor must provide with the notification sufficient documentation to support the ``legally'' changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of the FAR clause at 52.204-XX, CCR, or fails to perform the agreement at FAR 52.204-XX(g)(1)(i)(3), and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the contractor to be other than the contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``suspension of payment'' paragraph of the EFT clause of this contract.
(2) The contractor shall not change the name or address for electronic funds transfer payments (EFT) or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims).
Assignees shall be separately registered in the CCR database. Information provided to the contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that contractor will be considered to be incorrect information within the meaning of the ``suspension of payment'' paragraph of the EFT clause of this contract.
4.1103 Procedures.
(a) Unless the acquisition is exempt under 4.1102, the contracting officer--
(1) Shall verify that the prospective contractor is registered in the CCR database (see paragraph (b) of this section) before awarding a contract or agreement;
(2) Should use the DUNS number or, if applicable, the DUNS+4 number, to verify registration--
(i) Via the Internet at http://www.ccr.gov;
(ii) By calling toll-free: 1-888-227-2423, commercial: (616) 961- 5757, or DSN: 932-5757; or
(iii) As otherwise provided by agency procedures; and
(3) Shall modify a contract or agreement that does not already include the requirement to be registered in the CCR database and maintain registration until final payment, and whose period of performance extends beyond September 30, 2003--
(i) To incorporate, as appropriate, the clause at 52.204-XX, Central Contractor Registration, and its Alternate 1, or, for a contract for commercial items, an addendum to 52.212-4, Contract Terms and Conditions--Commercial Items, that requires the contractor to be registered in the CCR database by September 30, 2003, and maintain registration until final payment; and
(ii) In sufficient time to permit CCR registration by September 30, 2003.
(b) Need not verify registration before placing an order or call if the contract or agreement includes the clause at 52.204.XX, or 52.212- 4(t), or a similar agency clause.
(c) If the contracting officer, when awarding a contract or agreement, determines that a prospective contractor is not registered in the CCR database and an exception to the registration requirements for the award does not apply (see 4.1102), the contracting officer shall--
(1) If the needs of the requiring activity allow for a delay, make award after the apparently successful offeror has registered in the CCR database. The contracting officer shall advise the offeror of the number of days it will be allowed to become registered. If the offeror does not become registered by the required date, the contracting officer shall award to the next otherwise successful registered offeror following the same procedures (i.e., if the next apparently successful offeror is not registered, the contracting officer shall advise the offeror of the number of days it will be allowed to become registered, etc.); or
(2) If the needs of the requiring activity do not allow for a delay, proceed to award to the next otherwise successful registered offeror, provided that written approval is obtained at one level above the contracting officer.
(d) Agencies shall protect against improper disclosure of contractor CCR information.
(e) The contracting officer shall, on contractual documents transmitted to the payment office, provide the DUNS number, or, if applicable, the DUNS+4, in accordance with agency procedures.
4.1104 Solicitation provision and contract clauses.
Except as provided in 4.1102(a), use the clause at 52.204-XX Central Contractor Registration, in solicitations and contracts that require contractors to be registered in the CCR database. If modifying a contract, or an agreement to require registration, use the clause with its Alternate I.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
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Amend section 13.102 by revising the introductory text of paragraph (a); and adding paragraphs (a)(4) and (a)(5) to read as follows:
13.102 Source list.
(a) Each contracting office should maintain a source list (or lists, if more convenient). A list of new supply sources may be obtained from the Central Contractor Registration database (see 4.11) at http://www.ccr.gov or the Procurement Marketing and Access Network (PRO-Net) of the Small Business Administration. Either list should identify the status of each source (when the status is made known to the contracting office) in the following categories: * * * * *
(4) HUBZone small business.
(5) Service-disabled veteran-owned small business. * * * * *
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PART 32--CONTRACT FINANCING
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Amend section 32.805 by adding paragraph (d)(4) to read as follows:
32.805 Procedure.
* * * * *
(d) * * *
(4) The assignee is registered separately in the Central Contractor Registration unless one of the exceptions in 4.1102 applies. * * * * *
32.1103 [Amended]
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Amend section 32.1103 by removing the word ``where'' from paragraph (d).
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Amend section 32.1110 by revising the introductory text of paragraph (a), (a)(1), and (a)(2)(i) to read as follows:
32.1110 Solicitation provision and contract clauses.
(a) The contracting officer shall insert the clause at--
(1) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, in solicitations and contracts that include the clause at 52.204-XX, Central Contractor Registration, or an agency clause that requires a contractor to be registered in the CCR database and maintain registration until final payment, unless--
(i) Payment will be made through a third party arrangement (see 13.301 and paragraph (d) of this section); or
(ii) An exception listed in 32.1103(a) through (i) applies.
(2)(i) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration, in solicitations and contracts that require EFT as the method for payment but do not include the clause at 52.204-XX, Central Contractor Registration, or a similar agency clause that requires the contractor to be registered in the CCR database. * * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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Amend section 52.204-6 by revising the date of the provision and paragraph (b); and removing paragraph (c). The revised text reads as follows:
52.204-6 Data Universal Numbering System (DUNS) Number.
* * * * *
Data Universal Numbering System (DUNS) Number (Date)
* * * * *
(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number--
(i) If located within the United States, by calling Dun and Bradstreet at 1-800-333-0505 or via the Internet at http://www.dnb.com ; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet Information Services Office.
(2) The offeror should be prepared to provide the following information:
(i) Company name.
(ii) Company address.
(iii) Company telephone number.
(iv) Line of business.
(v) Chief executive officer/key manager.
(vi) Date the company was started.
(vii) Number of people employed by the company.
(viii) Company affiliation.
(End of provision)
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Add section 52.204-XX to read as follows:
52.204-XX Central Contractor Registration.
As prescribed in 4.1104(a), use the following clause: Central Contractor Registration (Date)
(a) Definitions. As used in this clause--
Central Contractor Registration (CCR) database means the primary Government repository for Contractor information required for the conduct of business with the Government.
Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet Information Services to identify unique business entities.
Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by Dun and Bradstreet plus a 4-character suffix that may be assigned by a business concern. This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.
Registered in the CCR database means that--
(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and
(2) The Government has validated all mandatory data fields and has marked the record ``Active''.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``DUNS'' or ``DUNS+4'' followed by the DUNS or DUNS+4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number--
(i) If located within the United States, by calling Dun and Bradstreet at 1-800-333-0505 or via the Internet at http://www.dnb.com; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet Information Services Office.
(2) The offeror should be prepared to provide the following information:
(i) Company name.
(ii) Company address.
(iii) Company telephone number.
(iv) Line of business.
(v) Chief executive officer/key manager.
(vi) Date the company was started.
(vii) Number of people employed by the company.
(viii) Company affiliation.
(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered offeror.
(e) Processing time should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(g)(1)(i) If a Contractor has legally changed its business name, ``doing business as'' name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not
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completed the necessary requirements regarding novation and change-of- name agreements in subpart 42.12, the Contractor shall provide the responsible contracting officer a minimum of one business day's written notification of its intention to (1) Change the name in the CCR database; (2) comply with the requirements of subpart 42.12; and (3) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the ``legally'' changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(3) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for electronic funds transfer (EFT) payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of payment'' paragraph of the EFT clause of this contract.
(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 616-961-5757.
(End of clause)
Alternate I (DATE). As prescribed in 4.1104(a), substitute the following paragraph (b) for paragraph (b) of the basic clause:
(b)(1) The Contractor shall be registered in the CCR database by -- ---- [Contracting Officer shall insert a date no later than September 30, 2003]. The Contractor shall maintain registration during performance and through final payment of this contract.
(2) The Contractor shall enter, in the block with its name and address on the cover page of the Standard Form 30, Amendment of Solicitation/Modification of Contract, the annotation ``DUNS'' or ``DUNS+4'' followed by the DUNS or DUNS+4 number that identifies the Contractor's name and address exactly as stated in this contract. The DUNS number will be used by the Contracting Officer to verify that the Contractor is registered in the CCR database.
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Amend section 52.212-1 by revising date of the provision and paragraph (j); and adding a new paragraph (k) to read as follows:
52.212-1 Instructions to Offerors--Commercial Items.
* * * * *
Instructions to Offerors--Commercial Items (Date)
* * * * *
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $25,000, and offers of $25,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``DUNS'' or ``DUNS+4'' followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-800-333-0505 or via the Internet at http://www.dnb.com. An offeror located outside the United States must contact the local Dun and Bradstreet Information Services Office for a DUNS number.
(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 616-961-5757.
(End of provision)
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Amend section 52.212-4 by revising date of the clause; and adding a new paragraph (t) to read as follows:
52.212-4 Contract Terms and Conditions--Commercial Items
* * * * *
Contract Terms and Conditions--Commercial Items (Date)
* * * * *
(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2) The Contractor shall not change the name or address for electronic funds transfer (EFT) payments or manual payments as appropriate in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of payment'' paragraph of the EFT clause of this contract.
(3) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 616-961-5757.
(End of clause)
52.213-4 [Amended]
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Amend section 52.213-4 by removing from the clause heading ``(SEPT 2002)'' and in paragraph (b)(1)(ix) ``(MAY 1999)'' and adding in their places ``(DATE)''.
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Amend section 52.232-33 by--
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Revising the date of clause;
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Removing paragraph (e);
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Redesignating paragraphs (f) through (j) as (e) through (i), respectively; and
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Revising the newly designated paragraph (g) to read as follows:
52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration.
* * * * *
Payment by Electronic Funds Transfer--Central Contractor Registration (Date)
* * * * *
(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such
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assignment, that the assignee shall register separately in the CCR database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause. * * * * *
[FR Doc. 03-7928 Filed 4-2-03; 8:45 am]
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