Notice2025-04003
Submission for OMB Review; Certain Federal Acquisition Regulation Part 4 Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 13, 2025
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding certain Federal Acquisition Regulation (FAR) part 4 requirements and a revision to address existing Commercial and Government Entity code requirements.
Full Text
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<title>Federal Register, Volume 90 Issue 48 (Thursday, March 13, 2025)</title>
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[Federal Register Volume 90, Number 48 (Thursday, March 13, 2025)]
[Notices]
[Pages 11973-11974]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04003]
[[Page 11973]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0189; Docket No. 2024-0053; Sequence No. 21]
Submission for OMB Review; Certain Federal Acquisition Regulation
Part 4 Requirements
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice.
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SUMMARY: Under the provisions of the Paperwork Reduction Act, the
Regulatory Secretariat Division has submitted to the Office of
Management and Budget (OMB) a request to review and approve an
extension of a previously approved information collection requirement
regarding certain Federal Acquisition Regulation (FAR) part 4
requirements and a revision to address existing Commercial and
Government Entity code requirements.
DATES: Submit comments on or before April 14, 2025.
ADDRESSES: Written comments and recommendations for this information
collection should be sent within 30 days of publication of this notice
to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: <a href="/cdn-cgi/l/email-protection#2761667577484b4e445e6740544609404851"><span class="__cf_email__" data-cfemail="b0f6f1e2e0dfdcd9d3c9f0d7c3d19ed7dfc6">[email protected]</span></a> or call 202-969-
4075.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and Any Associated Form(s)
9000-0189, Certain Federal Acquisition Regulation Part 4
Requirements.
B. Need and Uses
This clearance covers the information that offerors and contractors
must submit to comply with the following FAR requirements:
1. FAR 52.204-3, and 52.212-3(l)--Taxpayer Identification Number
(TIN) Information. When there is not a requirement to be registered in
the System for Award Management (SAM), offerors are required to submit
their TIN information by the provision at FAR 52.204-3, Taxpayer
Identification, for other than commercial acquisitions, and by
paragraph (l) of the provision at FAR 52.212-3, Offeror Representations
and Certifications--Commercial Products and Commercial Services, for
commercial acquisitions.
The TIN information may be used by the Government to collect and
report on any delinquent amounts arising out of the offeror's
relationship with the Government (31 U.S.C. 7701(c)(3)). If a contract
is subject to the payment reporting requirements in FAR 4.904, the TIN
may be matched with the Internal Revenue Service records to verify the
accuracy of the TIN submitted by the offeror.
2. FAR 52.204-6, 52.212-1(j), and 52.204-12--Unique Entity
Identifier. When there is not a requirement to be registered in SAM,
offerors are required to submit their unique entity identifier by the
provision at FAR 52.204-6, Unique Entity Identifier, for other than
commercial acquisitions, and by paragraph (j) of the provision at FAR
52.212-1, Instructions to Offerors--Commercial Products and Commercial
Services, for commercial acquisitions. The clause at FAR 52.204-12,
Unique Entity Identifier Maintenance, requires contractors to maintain
their unique entity identifier with the organization designated in SAM
to issue such identifiers, for the life of the contract. The clause
also requires contractors to notify contracting officers of any changes
to the unique entity identifier.
The Government uses the unique entity identifier to identify
contractors in reporting to the Federal Procurement Data System (FPDS).
FPDS provides a comprehensive mechanism for assembling, organizing, and
presenting contract placement data for the Federal Government.
Contracting officers use a notification provided under FAR 52.204-12
regarding any change to the unique entity identifier to modify
contracts to reflect the updated unique entity identifier.
3. FAR 52.204-7, 52.204-13, and 52.212-3(b)--SAM Registration and
Maintenance. The provision at FAR 52.204-7, System for Award
Management, requires offerors to be registered in SAM when submitting
an offer or quotation and at time of award, except in certain limited
cases, and to continue to be registered through final payment of any
award that results from such offer. The clause at FAR 52.204-13, System
for Award Management Maintenance, requires contractors to make sure
their SAM data is kept current, accurate, and complete throughout
contract performance and final payment; this maintenance is, at a
minimum, to be done through an annual review and update of the
contractor's SAM registration. Paragraph (b) of the provision at FAR
52.212-3 contains the equivalent of FAR 52.204-7 and 52.204-13, for
commercial acquisitions.
The Government use the collected information to establish a common
source of vendor data to increase visibility of vendor sources
(including their geographical locations) for specific supplies and
services.
4. FAR 52.204-14, and 52.204-15--Service Contract Reporting
Requirements. The clauses at FAR 52.204-14, Service Contract Reporting
Requirements, and FAR 52.204-15, Service Contract Reporting
Requirements for Indefinite-Delivery Contracts, require contractors to
report the following information in SAM annually:
(a) Contract number and, as applicable, order number.
(b) The total dollar amount invoiced for services performed during
the previous Government fiscal year under each contract.
(c) The number of contractor direct labor hours expended on the
services performed during the previous Government fiscal year.
(d) Data reported by each first-tier subcontractor providing
services under the contract if required to do so.
Section 743 of Division C of the Consolidated Appropriations Act,
2010 (Pub. L. 111-117) requires executive agencies covered by the
Federal Activities Inventory Reform Act (Pub. L. 105-270), except DoD,
to submit to OMB an annual inventory of activities performed by service
contractors. DoD is exempt from this reporting requirement because 10
U.S.C. 4505(c) already require DoD to develop an annual service
contract inventory. Civilian agencies use the service contract
information provided by FAR clauses 52.204-14 and 52.204-15 to
supplement agency annual service contract reporting requirements with
the contractor-provided service contract reporting information.
5. FAR 52.204-16 and 52.204-18, Commercial and Government Entity
(CAGE) Code Reporting and Maintenance. The provision at FAR 52.204-16,
Commercial and Government Entity Code Reporting, require offerors to
provide their CAGE code, including name and location address, with
their offer. The CAGE code must be for that name and location address.
The CAGE code is required prior to award. The clause at FAR 52.204-18,
Commercial and Government Entity Code Maintenance, requires contractors
to maintain their CAGE code throughout the life of the
[[Page 11974]]
contract for each location of contract, including subcontract,
performance.
For contractors registered in SAM, the Defense Logistics Agency
(DLA) CAGE Branch shall only modify data received from SAM in the CAGE
master file if the contractor initiates those changes via update of its
SAM registration. Contractors undergoing a novation or change-of-name
agreement shall notify the contracting officer in accordance with FAR
subpart 42.12. The contractor shall communicate any change to the CAGE
code to the contracting officer within 30 days after the change, so
that a modification can be issued to update the CAGE code on the
contract. Contractors located in the U.S. or its outlying areas that
are not registered in SAM shall submit written change request to the
DLA CAGE Branch. Contractors located outside the U.S. and its outlying
areas that are not registered in SAM shall contact the appropriate
National Codification Bureau points of contact to request CAGE changes.
6. FAR 52.204-17, Ownership or Control of Offeror. This provision
requires offerors to represent whether they are owned or controlled by
another entity, and if so, to provide the CAGE code and name of such
entity.
The CAGE code system may be used, among other things, to--
(a) Exchange data with another contracting activity, including
contract administration activities and contract payment activities;
(b) Exchange data with another system that requires the unique
identification of a contractor entity; or
(c) Identify when offerors are owned or controlled by another
entity.
7. FAR 52.204-20, Predecessor of Offeror. This provision requires
offerors to identify if the offeror is, within the last three years, a
successor to another entity that received a Federal Government award
and, if so, to provide the CAGE code and legal name of the predecessor.
The information on predecessors is used to identify such entities
in the Federal Awardee Performance and Integrity Information System
(FAPIIS) to allow retrieval of integrity and performance data on the
most recent predecessor of an apparent successful offeror to whom award
is anticipated. FAR 9.104-6 requires contracting officers to consult
FAPIIS before awarding a contract that exceeds the simplified
acquisition threshold.
8. FAR 52.204-23, Prohibition on Contracting for Hardware,
Software, and Services Developed or Provided by Kaspersky Lab Covered
Entities. This clause requires contractors to report, in writing, to
the contracting officer or, in the case of DoD, to the website at
<a href="https://dibnet.dod.mil">https://dibnet.dod.mil</a>, any instance when the contractor identifies a
covered article provided to the Government during contract performance,
or if contractors are notified of such an event by subcontractors at
any tier or any other source.
Agency personnel will use the collected information to identify and
remove prohibited hardware, software, or services from Government use.
This information collection is required to comply with section 1634 of
Division A of the National Defense Authorization Act for Fiscal Year
2018 (Pub. L. 115-91).
C. Annual Burden
Respondents: 353,291.
Total Annual Responses: 843,253.
Total Burden Hours: 387,083.
D. Public Comment
A 60-day notice was published in the Federal Register at 89 FR
104154, on December 20, 2024. No comments were received.
Obtaining Copies: Requesters may obtain a copy of the information
collection documents from the GSA Regulatory Secretariat Division by
calling 202-501-4755 or emailing <a href="/cdn-cgi/l/email-protection#094e5a485b6c6e5a6c6a496e7a68276e667f"><span class="__cf_email__" data-cfemail="91d6c2d0c3f4f6c2f4f2d1f6e2f0bff6fee7">[email protected]</span></a>. Please cite OMB
Control No. 9000-0189, Certain Federal Acquisition Regulation Part 4
Requirements.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2025-04003 Filed 3-12-25; 8:45 am]
BILLING CODE 6820-EP-P
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