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Implementation of Federal Acquisition Circular



United States
Department of the Interior
Implementation of Federal Acquisition Circular 2001-16; FAR Case 2002-018
Federal Acquisition Regulation: Central Contractor Registration



A. Purpose:

This policy identifies actions required for implementing Governmentwide Central Contractor Registration (CCR) requirements in accordance with Federal Acquisition Regulation (FAR) subpart 4.11.

B. Effective Date:

The attached FAR final rule on Central Contractor Registration is effective October 1, 2003.

C. Expiration Date:

The guidance, provisions and clauses contained in the attached FAR final rule and this Departmentwide implementation policy will remain in effect until canceled or superseded.

D. Background and Explanation:

Effective October 1, 2003, contractors must be registered in the Central Contractor Registration prior to the award of a contract action (see section E, below, regarding applicable actions). In addition, contracting officers are required to amend solicitations and modify existing contracts whose period of performance extends beyond December 31,2003, to require contractors to register in the CCR database by December 31,2003. Also effective October 1, 2003, contracting offices are required to cease collection and maintenance of Standard Form 129, Solicitation Mailing List Applications received from vendors (see Federal Acquisition Circular No. 2001-15, dated July 24,2003).

These are some of the initial steps that the Federal Government is taking to streamline the acquisition process. In an effort to broaden use and reliance upon e-business applications, the CCR was established to increase visibility of vendor sources; establish a common source of vendor data for the Government; and eliminate the need to maintain paper-based sources of contractor information.

The Central Contractor Registration System is a centrally located, searchable database, accessible via the Internet to develop, maintain, and provide sources for future procurements. The CCR data is the most up to date and complete data available Governmentwide on vendors. As a single validated source of data on contractors doing business with the Government, the CCR database enables prospective contractors to update their information in one place via a website (http://www.ccr.gov). The information is then made available via the Internet. Through CCR, contracting officers will be able to access contractor data and industry information less expensively, and more efficiently identify sources for contracting opportunities. The CCR 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.

E. Applicable:

The following CCR requirements apply to:

1. Contracts (As defined in FAR Part 2, and, as applicable to the FAR CCR regulations unless otherwise exempt (see exemptions in FAR 4.1102), "contract" means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 V.S.C. 6301, et seq.). In addition, off-the-shelf training requirements up to $25,000 processed on Standard Form 182, Request for Training are exempt from the warrant system and the CCR requirements;
2. Basic Agreements;
3. Basic Ordering Agreements; and
4. Blanket Purchase Agreements.

F. Action Required:

Effective October 1, 2003, Department of the Interior contracting activities must implement the policies and procedures identified in Federal Acquisition Regulation Subpart 4.11-Central Contractor Registration. Provided below are general and transaction specific summaries of actions required to implement the FAR's CCR requirements:

Summary General Requirements:

1. Vendors are only required to register their business profiles in one government database, i.e., CCR, and will be responsible for the accuracy of the business profile information at all times. Although vendors are required to maintain their data, CCR does not alleviate contractors from providing any contractual changes directly to the contracting officer for appropriate processing.
 
2. Contracting offices will use the CCR database (www.ccr.gov) as their primary source of vendor information in order to obtain information for market research, building source lists, making payments and providing some of the required FPDS- NG information. Contracting offices maintaining additional vendor source files or listings should identify the status of each source, if known, in the following categories:
(a) Small business
(b) Small disadvantaged business
(c) Women-owned small business
(d) HUBZone small business
(e) Service-disabled veteran-owned small business
(f) Veteran-owned small business

3. Contracting officers will have to verify whether a vendor has registered in the CCR before awarding (or modifying) a contract (includes basic agreement, basic ordering agreement, or blanket purchase agreement). Vendors will appear in the CCR when the vendor has completed all mandatory information and the Government has completed its validation of the information. Vendor record is then considered "active" and will be available for viewing in the CCR. Allow 48 hours for the validation when providing timeframes to the offeror/contractor.

4. Vendor EFT data entered into CCR will be the primary source for making payments. The contracting officer shall, on contractual documents transmitted to the payment office, provide the DUNS number, or, if applicable, the DUNS+4.

5. Vendor data in the CCR will be used to generate information into the FPDS-NG report.

6. Agencies shall protect against improper disclosure of contractor CCR information.

Summary of Specific Requirements (by Transaction):

Action 1 - Unless exempt from CCR, incorporate the appropriate new/revised clauses in new solicitations and agreements for requirements covered by the FAR.

Exemptions: In accordance with FAR 4.1102, prospective contractors shall be registered in the CCR database prior to award of a contract or agreement ("agreement" means basic agreement, basic ordering agreement, or blanket purchase agreement (see FAR 4.1101)), except for-
(a) Purchases that use a Government-wide commercial purchase card as both the purchasing and payment mechanism (as opposed to using the purchase card only as a payment method);
(b) Classified contracts when registration in the CCR database, or use of CCR data, could compromise the safeguarding of classified information or national security;
(c ) Contracts awarded by-

i. Deployed Contracting Officers in the course of military operations or humanitarian or peacekeeping operations;
ii. Contracting officers in the conduct of emergency operations, e.g., responses to natural or environmental disasters or national or civil emergencies;
(d) Contracts to support unusual or compelling needs (see FAR 6.302-2);
(e) Awards made to foreign vendors for work performed outside the United States, if it is impractical to obtain CCR registration;
(f) Micro-purchases that do not use the electronic funds transfer (EFT) method for payment and are not required to be reported for FPDS (see FAR subpart 4.6).

If practical, the contracting officer will modify contracts or agreements awarded under exemptions (c) or (d) to require CCR registration.
 
New and Revised Clauses are:

•    52.204-6 Data Universal Numbering System (DUNS) Number (Oct. 2003)
•    52.204-7 Central Contractor Registration (Oct. 2003)
•    52.212-1 Instructions to Offerors-Commercial Items (Oct. 2003)
•    52.212-4 Contract Terms and Conditions-Commercial Items (Oct. 2003)
•    52.212-552.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Order~~ Commercial Items (Oct. 2003)
•    52.213-4 Terms and Condition-Simplified Acquisitions (Other Than Commercial Items) (Oct. 2003)
•    52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) when prospective contractors are required to be registered in CCR.

Action 2 -- Amend current solicitations to incorporate CCR requirements.
Determine if the CCR requirements apply to solicitations or ordering documents.
(a) If time permits before receipt of offers or bid closing, issue amendment incorporating appropriate clauses to the solicitation.
(b) If the bids have opened in a sealed bid procurement, issue an amendment to all bidders. Reject bid as non-responsive for any bidder refusing to register, provided that reasonable time has been given for registration. [CCR requirements are not considered a change which goes to the substance of the offer/bid (where it affects price, quantity, quality, or delivery of the items offered)]
(c) If the receipt of offers has passed and it is before source selection in a negotiated procurement, provide the amendment with appropriate clauses to all offerors not eliminated from competition.
(d) If the source has been selected in a negotiated procurement, see Action 4.

Action 3 -- Ensure that offerors provide D&B (Dun & Bradstreet) DUNS number (or DUNS +4, if appropriate) with their offers.
"Data Universal Numbering System +4 (DUNS+4) number" means the nine- digit DUNS number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, plus a 4-character suffix that may be assigned by a business concern for identifying alternative Electronic Funds Transfer (EFT). (Please note: D&B has no affiliation with this 4-character suffix. At his/her discretion, a vendor may assign the 4-character suffix to establish additional CCR records for identifying alternative EFT accounts for the same concern.) If there is only one EFT account for the DUNs address, then the nine-digit D&B number would be sufficient.

As required in FAR 52.204-6, Data Universal Numbering System (DUNS) Number, the offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" followed by the DUNS number that identifies the offeror's name and address exactly as stated in the offer.

An offeror may obtain a DUNS number by calling Dun and Bradstreet at 1- 866- 705-5711 or via the Internet at www.dnb.com; or by contacting the local Dun and Bradstreet Office if located outside the United States.

Action 4 -- Verify that the offeror has registered before awarding a contract.

(a) Unless the acquisition is exempt (see exemptions at FAR 4.1102), contracting officers must verify vendor registration before award. This may be done by using the vendor's DUNS Number (or DUNS+4, if appropriate) and checking it via the Internet at http://www.ccr.gov or by calling toll-free at 1-888-227-2423, or commercial at 269- 961-5757.

If the proposed awardee is not registered and the exemptions at FAR 4.1102 do not apply, based on the needs of the requiring activity, the contracting officer shall either:

(b) Make award after the apparently successful offeror has registered in the CCR database. The contracting officer will advise the offeror of the number of days it will be allowed to become registered. Provide a reasonable amount of time for the offeror to register. CCR processing time, which normally takes 48 hours should be taken into consideration when registering and when setting registration deadlines.

If the proposed awardee does not register 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 will advise the offeror of the number of days it will be allowed to become registered, etc.); or

(c) As authorized under FAR 4.1103, if the needs of the contracting activity do not allow for a delay, the contracting officer shall, with the written approval of the Chief of the Contracting Office, proceed to award to the next '\ otherwise successful registered offeror.

(d) Ensure the DUNS Number (+4 if appropriate) is included on the contractual documents sent to the payment office. The DUNS number is the contractor's ill in CCR and provides the payment office with the correct record to use for making the payment.

Action 5 - Issuing orders/calls against a contract or agreement which includes
CCR requirements

(a) Include the vendors DUNs number (+4, if appropriate) on the order.
The DUNS number is the contractor's ill in CCR and provides the payment office with the correct record to use for making the payment.

(b) Contracting officers need not verify vendor CCR registration before placing an order or call if the contract or agreement against which it is to be issued includes the clause at 52.204-7, or 52.212-4(t).
 
Action 6 - Modify existing contracts and agreements that do not already include the CCR registration requirement and whose period of performance extends beyond December 31, 2003.

(a) Deadline is December 31, 2003 for modifying existing contracts and agreements with performance or payment requirements beyond December 31, 2003.

(b) Incorporate the appropriate clauses, i.e., clause at 52.204-7, Central Contractor Registration, and its Alternate I, or, for a contract for commercial items, an addendum to 52.212-4, Contract Terms and Conditions-Commercial Items.

(c) In issuing modification, allow sufficient notice and turn-around time to the contractor in order to register in CCR by December 31, 2003.

(d) Modification may be either unilateral (administrative change) or bilateral depending upon the situation.
Cite 48 C.F. R. 4.1102 and 4.1103 as authority.

(e) Orders against basic ordering agreements and basic agreement contracts previously issued do not need to be modified.

(f) If the contractor is not registered within the time specified or refuses to register, the contract disputes clause in the contract should be followed.
(g) Once registered, changing information in the CCR does not alleviate contractors from providing timely changes to the CO for processing under the contract (e.g., novation and name changes or updated EFT information).

(h) Vendors withdrawing their records from CCR after award or modification will run the risk of not receiving timely payments.

Action 7 - Novation/Change-of-Name

(a) 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 FAR subpart 42.12, the contractor shall provide the responsible contracting officer a minimum notification of its intention to change the name in the CCR database; comply with the requirements of FAR subpart 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.

(b) If the contractor fails to comply with the requirements of paragraph (g)(l )(i)(3) of the clause at FAR 52.204-7, Central Contractor Registration, or fails to perform the agreement at FAR 52.204- 7(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 Electronic Funds Transfer (EFT) clause of the contract.

Action 8 - Process Assignment of Claims

(a) The contractor shall not change the name or address for EFT or manual payments in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims).
(b) Assignees shall be separately registered in the CCR database.

Action 9 - Payments/Suspension of Payments: Vendors are responsible for the accuracy of the information in the CCR at all times and are required to certify the accuracy annually (see clause at FAR 52.204-7(f).

Payments using the payment data in CCR are made to the contractor specified in the contract or its financial institution under an assignment of claims. 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 and payments may be suspended.

Suspend Payments until corrected information can be included in CCR when,

(a) Contractor has changed its name in CCR but fails to
- Provide a properly executed novation or name change agreement or
- Provide sufficient documentation to support a novation/name change with a written notification of intent to change name in CCR, and
- Show an willingness to comply with requirements of 42.1102 and agree to a timeline, or
- Comply with an agreed upon procedure for completing the requirement within the time agreed upon.

(b) EFT data has been revised within 30 days of release to Federal Reserve Bank and transfer has occurred but paying office still has control over the payment

Action 10 - Report to FPDS-NG: When reporting to FPDS-NG, CCR vendor data will be used to populate applicable portions of the report. The vendor information will be automatically generated in FPDS-NG without an opportunity for the reporter to override the data.

Please disseminate this guidance within your bureau. If you have any questions regarding this policy, please contact Office of Acquisition and Property Management staff members John K. Peterson on 202-208-7469 or Patricia Corrigan on 202-208-1906.

Attachment:    Federal Acquisition Regulation: Central Contractor Registration
FAC 2001-16; FAR Case 2002-018; (as published in the Federal
Register on Wednesday, October 1, 2003 (Vo. 68, No. 190, pages 56669- 56676)