[Federal Register: July 29, 2009 (Volume 74, Number 144)]
[Rules and Regulations]               
[Page 37644-37645]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Parts 204, 219, and 253

RIN 0750-AF77

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

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


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

DATES: Effective Date: July 29, 2009.

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


A. Background

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

B. Regulatory Flexibility Act

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

C. Paperwork Reduction Act

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

List of Subjects in 48 CFR Parts 204, 219, and 253

    Government procurement.

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

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

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

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


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

[[Page 37645]]

204.602   General.

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

204.604  Responsibilities.

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

204.606  Reporting data.

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

204.670  [Removed]

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

204.902  General.

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

204.7203  [Amended]

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


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

219.001  Definitions.

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

219.202-5  Data collection and reporting requirements.

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


253.204 and 253.204-70  [Removed]

8. Sections 253.204 and 253.204-70 are removed.

[FR Doc. E9-17946 Filed 7-28-09; 8:45 am]