[Federal Register: September 30, 2005 (Volume 70, Number 189)]
[Rules and Regulations]               
[Page 57188]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



48 CFR Parts 204, 212, 213, and 252

[DFARS Case 2003-D040]

Defense Federal Acquisition Regulation Supplement; Central 
Contractor Registration

AGENCY: Department of Defense (DoD).

ACTION: Final rule.


SUMMARY: DoD has adopted as final, with changes, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to remove policy on Central Contractor Registration (CCR) that 
duplicated policy found in the Federal Acquisition Regulation (FAR). 
The rule also addresses requirements for use of Commercial and 
Government Entity (CAGE) codes in DoD contracts.

EFFECTIVE DATE: September 30, 2005.

Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0289; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D040.


A. Background

    DoD published an interim rule at 68 FR 64557 on November 14, 2003, 
to remove DFARS requirements for contractors to register in the CCR 
database, since policy on this subject had been added to the FAR. The 
interim rule also addressed requirements for inclusion of CAGE codes on 
contracts and in the CCR database to accommodate DoD payment systems.
    Three sources submitted comments on the interim DFARS rule. A 
discussion of the comments is provided below.
    1. Comment: Provision of DUNS numbers and CAGE codes. One 
respondent stated that the interim rule appeared to require contracting 
officers to provide both a DUNS number and a CAGE code on contractual 
documents submitted to the payment office, whereas the previous DFARS 
coverage required either a DUNS number or a CAGE code.
    DoD Response: The final rule revises DFARS 204.1103(e) to clarify 
that contracting officers must include the contractor's CAGE code on 
contractual documents transmitted to the payment office, instead of the 
DUNS number.
    2. Comment: Timely assignment of CAGE codes. One respondent 
recommended adding a statement to the rule to address the need for the 
Defense Logistics Information Service to assign CAGE codes in a timely 
manner, to avoid payment delays and payment of interest.
    DoD Response: DoD agrees that timely assignment of CAGE codes is 
important. However, such a statement is considered unnecessary for 
inclusion in the DFARS.
    3. Comment: Contractor failure to provide correct or current CCR 
information. One respondent provided an example of a contractor's 
failure to maintain current information in the CCR database.
    DoD Response: Contractors are responsible for maintaining CCR 
information and are required to review and update their information 
annually to ensure it is current, accurate, and complete.
    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 certifies that this final rule will not 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 adds no new requirements for contractors. The rule 
removes DFARS text on Central Contractor Registration that has become 
obsolete as a result of policy that was added to the FAR, and retains 
existing requirements for use of Commercial and Government Entity codes 
in DoD contracts.

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 204, 212, 213, and 252

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
    Accordingly, the interim rule amending 48 CFR parts 204, 212, 213, 
and 252, which was published at 68 FR 64557 on November 14, 2003, is 
adopted as a final rule with the following change:


1. The authority citation for 48 CFR part 204 continues to read as 

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

2. Section 204.1103 is revised to read as follows:

204.1103  Procedures.

(e) On contractual documents transmitted to the payment office, provide 
the Commercial and Government Entity code, instead of the DUNS number 
or DUNS+4 number, in accordance with agency procedures.

[FR Doc. 05-19464 Filed 9-29-05; 8:45 am]