[Federal Register: December 11, 2003 (Volume 68, Number 238)]
[Rules and Regulations]               
[Page 69248-69249]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]





48 CFR Parts 4 and 53

[FAC 2001-18; FAR Case 2003-019; Item III]
RIN 9000-AJ76

Federal Acquisition Regulation; Federal Procurement Data System

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.


SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to reflect changes in 
contract action reporting to the Federal Procurement Data System--Next 
Generation (FPDS-NG).

DATES: Effective Date: December 11, 2003.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755 
for information pertaining to status or publication schedules. For 
clarification of content, contact Mr. Gerald Zaffos, Procurement 
Analyst, at (202) 208-6091. Please cite FAC 2001-18, FAR case 2003-019.


A. Background

    The Federal Government is modernizing its procurement data 
collection system, the Federal Procurement Data System (FPDS). The new 
system, the Federal Procurement Data System--Next Generation (FPDS-NG), 
became operational on October 1, 2003, for transactions awarded after 
that date. FPDS captured data on individual contract actions over 
$25,000 and summary data on contract actions below $25,000. FPDS-NG 
allows the Government to capture data on individual transactions 
regardless of dollar value. As a result, FPDS-NG provides more 
information to agencies for managing their programs and to the public 
for better understanding of how taxpayer funds are spent. The 
capabilities of FPDS-NG provide an efficient means of satisfying the 
statutory requirement of 41 U.S.C. 417, that each Executive agency 
maintain a computer file containing the information at FAR 4.601. 
Consequently, submitting contract action data to FPDS-NG will be 
considered compliance with the requirements of FAR 4.601.
    Therefore, the FAR is being amended to revise 4.602 to--
    [sbull] Reflect that the information in FPDS-NG is available to the 
general public;
    [sbull] Provide the Web site for FPDS-NG, which must be entered as 
    [sbull] Delete the physical address for the Federal Procurement 
Data Center;
    [sbull] Allow agencies to report all transactions between $2,500 
and $25,000 to FPDS-NG as either individual contract actions or summary 
contract actions until September 30, 2004;
    [sbull] Require all contract actions over $2,500 be reported to 
FPDS-NG as individual contract actions after September 30, 2004;
    [sbull] Require agencies to insert the provision at 52.204-6, Data 
Universal Numbering System (DUNS) Number, in solicitations when the 
expected award amount will result in the generation of an individual 
contract action report and the contract does not include FAR clause 
52.204-7, Central Contractor Registration; and
    [sbull] Eliminate the use of the SF 279, Federal Procurement Data 
System (FPDS)--Individual Contract Action Report, and the SF 281, 
Federal Procurement Data System (FPDS)--Summary Contract Action Report 
($25,000 or Less).
    This is not a significant regulatory action and, therefore, was not 
subject to

[[Page 69249]]

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.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act 5 U.S.C. 601, et seq., does not 
apply because the rule applies to the internal process of Federal 
agencies and is not a significant revision of the FAR. A Final 
Regulatory Flexibility Analysis has, therefore, not been prepared.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose 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 4 and 53

    Government procurement.

    Dated: December 4, 2003.
Laura Auletta,
Director, Acquisition Policy Division.

Therefore, DoD, GSA, and NASA amend 48 CFR parts 4 and 53 as set forth 
1. The authority citation for 48 CFR parts 4 and 53 is revised to read 
as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).


2. Amend section 4.601 by adding a sentence to the end of paragraph 
(a); and removing ``from the computer file'' from the introductory text 
of paragraphs (c) and (d). The added text reads as follows:

4.601  Record requirements.

    (a) * * * This file shall be accessible to the public using FPDS-
* * * * *

3. Amend section 4.602 by revising paragraphs (a), (b), (c), and (d) to 
read as follows:

4.602  Federal Procurement Data System.

    (a) The FPDS provides a comprehensive mechanism for assembling, 
organizing, and presenting contract placement data for the Federal 
Government. Federal agencies will now report data directly to the 
Federal Procurement Data System--Next Generation (FPDS-NG), which 
collects, processes, and disseminates official statistical data on 
Federal contracting. The data provide--
    (1) A basis for recurring and special reports to the President, the 
Congress, the General Accounting Office, Federal executive agencies, 
and the general public;
    (2) A means of measuring and assessing the impact of Federal 
contracting on the Nation's economy and the extent to which small, 
veteran-owned small, service-disabled veteran-owned small, HUBZone 
small, small disadvantaged, and women-owned small business concerns are 
sharing in Federal contracts; and
    (3) Information for other policy and management control purposes, 
and for public access.
    (b) The FPDS Web site, http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=https://www.fpds.gov, provides instructions 
for submitting data. It also provides a complete list of departments, 
agencies, and other entities that submit data to the FPDS, as well as 
technical and end-user guidance, and a computer-based tutorial.
    (c)(1) Data collection points in each agency shall submit FPDS-
required data on contract actions directly to FPDS-NG. Agencies must 
report all transactions over $2,500 and modifications to those 
transactions regardless of dollar value.
    (2) Agencies participating under the Small Business Competitiveness 
Demonstration Program (see Subpart 19.10) shall report as an individual 
contract action all awards, regardless of dollar value, in the 
designated industry groups.
    (3) Agencies may choose to report transactions at or below $2,500, 
including those made using the Governmentwide commercial purchase card, 
except as provided in paragraph (c)(2) of this section.
    (4) Until September 30, 2004, agencies shall report contract 
actions between $2,500 and $25,000 either in individual or summary 
form. After September 30, 2004, agencies shall submit only individual 
contract action reports.
    (d) The contracting officer must identify and report (if it is not 
pre-populated by the Central Contractor Registration (CCR) database), a 
Contractor Identification Number for each successful offeror. A Data 
Universal Numbering System (DUNS) number, which is a nine-digit number 
assigned by Dun and Bradstreet Information Services to an 
establishment, is the Contractor Identification Number for Federal 
contractors. The DUNS number reported must identify the successful 
offeror's name and address exactly as stated in the offer and resultant 
contract. The contracting officer must ask the offeror to provide its 
DUNS number by using either the provision prescribed in paragraph (a) 
of 4.603 or the FAR clause prescribed at 4.1104. If the successful 
offeror does not provide its number, the contracting officer must 
contact the offeror and assist them in obtaining the DUNS number.
* * * * *

4. Amend section 4.603 by revising paragraph (a)(1) to read as follows:

4.603  Solicitation provisions.

    (a) * * *
    (1) Are expected to result in a requirement for the generation of 
an individual contract action report (see 4.602(c)); and
* * * * *


53.204-2  [Reserved]

5. Remove and reserve section 53.204-2.

53.301-279 and 53.301-281  [Removed]

6. Remove sections 53.301-279 and 53.301-281.

[FR Doc. 03-30474 Filed 12-10-03; 8:45 am]