[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Rules and Regulations]
[Pages 27645-27646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4466]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 239
[DFARS Case 2003-D056]
Defense Federal Acquisition Regulation Supplement; Basic
Agreements for Telecommunications Services
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to update text pertaining to
the use of basic agreements in the acquisition of telecommunications
services. This rule is a result of a transformation initiative
undertaken by DoD to dramatically change the purpose and content of the
DFARS.
DATES: Effective Date: May 12, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Gabrielle Ward, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-2022;
facsimile (703) 602-0350. Please cite DFARS Case 2003-D056.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major DoD initiative to dramatically
change the purpose and content of the DFARS. The objective is to
improve the efficiency and effectiveness of the acquisition process,
while allowing the acquisition workforce the flexibility to innovate.
The transformed DFARS will contain only requirements of law, DoD-wide
policies, delegations of FAR authorities, deviations from FAR
requirements, and policies/procedures that have a significant effect
beyond the internal operating procedures of DoD or a significant cost
or administrative impact on contractors or offerors. Additional
information on the DFARS Transformation initiative is available at
http://www.acq.osd.mil/dpap/dars/dfars/transformation/index.htm.
This final rule is a result of the DFARS Transformation initiative.
The rule deletes procedures at DFARS 239.7407-1 and 239.7407-2
regarding the use of basic agreements and communication service
authorizations for the acquisition of telecommunications services. Text
on this subject has been relocated to the new DFARS companion resource,
Procedures, Guidance, and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi.
DoD published a proposed rule at 69 FR 67883 on November 22, 2004.
One source submitted comments on the proposed rule. The respondent
recommended retention of the DFARS text on communication service
authorizations, as the respondent believed that relocation of this text
to PGI would eliminate DoD's regulatory authority to issue
communication service authorizations. DoD disagrees with the
respondent's position. Consistent with the definition of PGI at DFARS
202.101, the rule relocates internal DoD procedures regarding the use
of communication service authorizations to PGI. However, the rule
retains a policy statement in DFARS 239.7407 that provides the
regulatory authority for issuance of communication service
authorizations. Therefore, DoD has adopted the proposed rule as a final
rule without change.
This rule was not subject to Office of Management and Budget review
under
[[Page 27646]]
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 updates and streamlines DFARS text, but makes no
significant change to DoD policy for the acquisition of
telecommunications services.
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 239
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
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Therefore, 48 CFR part 239 is amended as follows:
PART 239--ACQUISITION OF INFORMATION TECHNOLOGY
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1. The authority citation for 48 CFR Part 239 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
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2. Section 239.7407 is added to read as follows:
239.7407 Type of contract.
When acquiring telecommunications services, the contracting officer
may use a basic agreement (see FAR 16.702) in conjunction with
communication service authorizations. When using this method, follow
the procedures at PGI 239.7407.
239.7407-1 and 239.7407-2 [Removed]
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3. Sections 239.7407-1 and 239.7407-2 are removed.
[FR Doc. 06-4466 Filed 5-11-06; 8:45 am]
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