[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Proposed Rules]
[Pages 67885-67886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25813]


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DEPARTMENT OF DEFENSE

48 CFR Parts 239 and 252

[DFARS Case 2003-D053]


Defense Federal Acquisition Regulation Supplement; Update of 
Clauses for Telecommunications Services

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to update clauses used in contracts for 
telecommunications services. This proposed rule is a result of a 
transformation initiative undertaken by DoD to dramatically change the 
purpose and content of the DFARS.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before January 21, 2005, to be considered 
in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2003-D053, 
using any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Defense Acquisition Regulations Web site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for 
submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#620604031011220d11064c0f0b0e"><span class="__cf_email__" data-cfemail="2d494b4c5f5e6d425e4903404441">[email protected]</span></a>. Include DFARS Case 2003-D053 in the 
subject line of the message.
    <bullet> Fax: (703) 602-0350.
    <bullet> Mail: Defense Acquisition Regulations Council, Attn: Ms. 
Michele Peterson, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062.
    <bullet> Hand Delivery/Courier: Defense Acquisition Regulations 
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, (703) 602-0311.

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/dfars/transf.htm.
    This proposed rule is a result of the DFARS Transformation 
initiative. The proposed changes include--
    <bullet> Deletion of an obsolete clause at DFARS 252.239-7003, 
Facilities and Services to be Furnished--Common Carriers.
    <bullet> Expansion of the applicability of the clauses at DFARS 
252.239-7004, Orders for Facilities and Services; 252.239-7005, Rates, 
Charges, and Services; and 252.239-7007, Cancellation or Termination of 
Orders, to all carriers of telecommunications services. The clauses 
presently apply only to common carriers (those subject to Federal 
Communications Commission or other governmental regulation). Expansion 
of these clauses to all carriers reflects the current business 
environment, where the differences between common and noncommon 
carriers have become less distinct.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule to 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 proposed 
DFARS changes reflect current business practices for the acquisition of 
telecommunications services. Therefore, DoD has not performed an 
initial regulatory flexibility analysis. DoD invites comments from 
small businesses and other interested parties. DoD also will consider 
comments from small entities concerning the affected DFARS subparts in 
accordance with 5 U.S.C. 610. Such comments should be submitted 
separately and should cite DFARS Case 2003-D053.

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 Parts 239 and 252

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, DoD proposes to amend 48 CFR parts 239 and 252 as 
follows:
    1. The authority citation for 48 CFR parts 239 and 252 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR chapter 1.

PART 239--ACQUISITION OF INFORMATION TECHNOLOGY


239.7406  [Amended]

    2. Section 239.7406 is amended in paragraph (c)(6) by removing ``--
Common Carriers.''


239.7411  [Amended]

    3. Section 239.7411 is amended in paragraph (a) as follows:
    a. By removing paragraph (a)(2);
    b. By redesignating paragraphs (a)(3) through (a)(7) as paragraphs 
(a)(2) through (a)(6) respectively; and
    c. In newly designated paragraphs (a)(2), (a)(3), and (a)(5), by 
removing ``--Common Carriers.''

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.239-7003   [Removed and Reserved]

    4. Section 252.239-7003 is removed and reserved.


252.239-7004  [Amended]

    5. Section 252.239-7004 is amended as follows:

[[Page 67886]]

    a. In the section heading, by removing ``--common carriers'';
    b. In the clause title, by removing ``--COMMON CARRIERS''; and
    c. By revising the clause date to read ``(XXX 2004).''


252.239-7005  [Amended]

    6. Section 252.239-7005 is amended as follows:
    a. In the section heading, by removing ``--common carriers'';
    b. In the clause title, by removing ``--COMMON CARRIERS'';
    c. By revising the clause date to read ``(XXX 2004)''; and
    d. In paragraph (f), in the first sentence, by removing ``--Common 
Carriers.''


252.239-7007  [Amended]

    7. Section 252.239-7007 is amended as follows:
    a. In the section heading, by removing ``--common carriers'';
    b. In the clause title, by removing ``--COMMON CARRIERS'';
    c. By revising the clause date to read ``(XXX 2004)''; and
    d. In paragraph (b)(1), by removing ``--Common Carriers.''
[FR Doc. 04-25813 Filed 11-19-04; 8:45 am]
BILLING CODE 5001-08-P


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