[Federal Register: January 22, 2007 (Volume 71, Number 13)]
[Proposed Rules]               
[Page 2645-2646]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AF58

Defense Federal Acquisition Regulation Supplement; Taxpayer 
Identification Numbers (DFARS Case 2006-D037)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Proposed rule with request for comments.


[[Page 2646]]

SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to address requirements for validation of 
Taxpayer Identification Numbers as part of the Central Contractor 
Registration process. The proposed changes are consistent with changes 
made to the Federal Acquisition Regulation.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before March 23, 2007, to be considered 
in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2006-D037, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the instructions for submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2006-D037 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations System, Attn: Ms. 
Felisha Hitt, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
    Comments received generally will be posted without change to http://www.regulations.gov
, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Felisha Hitt, (703) 602-0310.


A. Background

    DFARS 252.204-7004 contains a substitute paragraph for use with the 
clause at FAR 52.204-7, Central Contractor Registration, to address 
DoD-unique requirements relating to contractor registration in the 
Central Contractor Registration (CCR) database.
    Item I of Federal Acquisition Circular 2005-10, published at 71 FR 
36923 on June 28, 2006, amended the clause at FAR 52.204-7 to include 
requirements for the Government to validate a contractor's Taxpayer 
Identification Number (TIN), and for the contractor to consent to this 
validation, as part of the CCR registration process.
    This proposed rule amends DFARS 252.204-7004 to address TIN 
validation, for consistency with the changes made to FAR 52.204-7.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does 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., because the rule 
relates to an administrative requirement for TIN validation, which is 
performed by the Government. Contractors need only provide consent for 
TIN validation as part of the CCR registration process. Therefore, DoD 
has not performed an initial regulatory flexibility analysis. DoD 
invites comments from small businesses and other interested parties. 
DoD also will consider comments from small entities concerning the 
affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments 
should be submitted separately and should cite DFARS Case 2006-D037.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Part 252

    Government procurement.

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

    Therefore, DoD proposes to amend 48 CFR Part 252 as follows:


    1. The authority citation for 48 CFR Part 252 continues to read as 

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

    2. Section 252.204-7004 is amended as follows:
    a. By revising the section heading, clause title, and clause date; 
    b. In paragraph (a), by revising the definition of ``Registered in 
the CCR database'' to read as follows:

252.204-7004  Alternate A, Central Contractor Registration.

Alternate A, Central Contractor Registration (XXX 2007)

* * * * *
    (a) * * *
    ``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;
    (2) The Contractor's CAGE code is in the CCR database; and
    (3) The Government has validated all mandatory data fields, to 
include validation of the Taxpayer Identification Number (TIN) with the 
Internal Revenue Service, and has marked the records ``Active.'' The 
Contractor will be required to provide consent for TIN validation to 
the Government as part of the CCR registration process.

 [FR Doc. E7-736 Filed 1-19-07; 8:45 am]