52.204-16 Commercial and Government Entity Code Reporting
Source: FAR 52.204-16 on acquisition.gov
Offerors must provide a valid CAGE or NCAGE code with their proposal, ensuring accurate entity identification and compliance with federal contracting requirements.
Overview
FAR 52.204-16 requires offerors to provide a valid Commercial and Government Entity (CAGE) code with their proposals, ensuring accurate identification of entities involved in federal contracts. The provision outlines how to obtain a CAGE or NATO CAGE (NCAGE) code, depending on the entity’s location, and mandates that the code corresponds to the offeror’s name and address. It also addresses requirements for immediate and highest-level owners, as well as subcontractors needing access to classified information. The regulation emphasizes that offers should not be delayed pending receipt of a CAGE code and provides resources for obtaining and maintaining these codes.
Key Rules
- CAGE Code Requirement
- Offerors must provide a CAGE code with their offer, matching their name and location address, and insert the word "CAGE" before the number.
- Obtaining a CAGE/NCAGE Code
- U.S. entities obtain CAGE codes via SAM registration or directly from the DLA CAGE Branch; foreign entities obtain NCAGE codes from their country’s codification bureau or NSPA.
- Owner and Subcontractor Codes
- CAGE codes are also required for immediate and highest-level owners (per FAR 52.204-17/52.212-3(p)), and for subcontractors needing access to classified information (per FAR 52.204-2).
- No Offer Delay
- Submission of offers should not be delayed while waiting for a CAGE code assignment.
Responsibilities
- Contracting Officers: Ensure offerors and relevant subcontractors provide valid CAGE codes; verify codes for all required entities.
- Contractors/Offerors: Obtain and report accurate CAGE/NCAGE codes for themselves, owners, and applicable subcontractors; ensure codes match name and address.
- Agencies: Oversee compliance and provide guidance on CAGE code requirements.
Practical Implications
- This provision ensures traceability and accountability of all entities involved in federal contracts. Failure to provide accurate CAGE codes can delay awards or result in noncompliance. Contractors must be proactive in obtaining and maintaining valid codes for themselves and relevant parties, especially when classified information is involved.
As prescribed in 4.1804(a), use the following provision:
Commercial and Government Entity Code Reporting (Aug 2020)
(a) Definition. As used in this provision –
Commercial and Government Entity (CAGE) code means–
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.
(c) CAGE codes may be obtained via–
(1) Registration in the System for Award Management (SAM) at https://www.sam.gov" target="_blank">www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).
(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil" target="_blank">https://cage.dla.mil.
(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx" target="_blank">https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm" target="_blank">http://www.nato.int/structur/AC/135/main/links/contacts.htm.
(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil" target="_blank">https://cage.dla.mil.
(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.
(f) Do not delay submission of the offer pending receipt of a CAGE code.
(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.
(End of provision)