[Federal Register Volume 72, Number 21 (Thursday, February 1, 2007)]
[Proposed Rules]
[Pages 4675-4676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-439]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 5, and 13

[FAR Case 2006-015; Docket 2006-0020; Sequence 15]
RIN: 9000-AK68


Federal Acquisition Regulation; FAR Case 2006-015, Federal 
Computer Network (FACNET) Architecture

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

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to delete references to FACNET.

DATES: Interested parties should submit written comments to the FAR 
Secretariat on or before April 2, 2007 to be considered in the 
formulation of a final rule.

ADDRESSES: Submit comments identified by FAR case 2006-015 by any of 
the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Search for any document by first selecting the proper document types 
and selecting ``Federal Acquisition Regulation'' as the agency of 
choice. At the ``Keyword'' prompt, type in the FAR case number (for 
example, FAR Case 2006-015) and click on the ``Submit'' button. Please 
include any personal and/or business information inside the document. 
You may also search for any document by clicking on the ``Advanced 
search/document search'' tab at the top of the screen, selecting from 
the agency field ``Federal Acquisition Regulation'', and typing the FAR 
case number in the keyword field. Select the ``Submit'' button.
    <bullet> Fax: 202-501-4067.
    <bullet> Mail: General Services Administration, Regulatory 
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann 
Duarte, Washington, DC 20405.
    Instructions: Please submit comments only and cite FAR case 2006-
015 in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT Mr. Ernest Woodson, Procurement 
Analyst, at (202) 501-3775 for clarification of content. For 
information pertaining to status or publication schedules, contact the 
FAR Secretariat at (202) 501-4755. Please cite FAR case 2006-015.

SUPPLEMENTARY INFORMATION:

A. Background

    In 1994, Congress enacted Pub. L. 103-355, the Federal Acquisition 
Streamlining Act of 1994 (FASA), which in Title IX called for the 
development of a Federal Acquisition Computer Network (FACNET) for 
automating the procurement process. FACNET was to be the preferred 
means for conducting Government purchases above the micro-purchase 
limit and below the simplified acquisition threshold. The law set a 
goal: the Government was to utilize FACNET to purchase more than 75 
percent of its goods and services within these dollar limits by 2000.
    However, in its 1997 report, Acquisition Reform: Obstacles to 
Implementing FACNET, GAO reviewed comments from agency electronic 
commerce managers about FACNET's effectiveness, its ability to handle 
simple procurement transactions and its management and technical 
obstacles. As a result, GAO urged the Office of Management and Budget, 
General Services Administration, DOD and other leading Federal 
procurement shops to devise a new integrated electronic commerce 
strategy based on clearer functional requirements.
    In 1997, Congress enacted Pub. L. 105-85, the National Defense 
Authorization Act for Fiscal Year 1998, which removed the statutory 
goal and freed agencies to use other electronic contracting means, such 
as FedBizOpps. Because of implementing obstacles, the statutory changes 
addressed above, and an electronic business environment that has 
evolved since FACNET's introduction, the FAR is being revised to remove 
FACNET references and provide the opportunity to recognize the 
evolution of alternative technologies, processes, etc. that Federal 
agencies are using and will use to satisfy their acquisition needs 
without removing the use of FACNET for Federal agencies that may use 
the system.
    This is not a significant regulatory action and, therefore, was not 
subject to 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.

[[Page 4676]]

B. Regulatory Flexibility Act

    The Councils do not expect this proposed 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 rule addresses the deletion of a term used to describe a 
system for the electronic data interchange of acquisition information 
between the private section and the Federal Government without removing 
the use of the system. Additionally, where necessary in the FAR, the 
term has been replaced with a more appropriate term that incorporates 
various electronic data interchange systems. An Initial Regulatory 
Flexibility Analysis has, therefore, not been performed. We invite 
comments from small businesses and other interested parties. The 
Councils will consider comments from small entities concerning the 
affected FAR Parts 2, 4, 5, and 13 in accordance with 5 U.S.C. 610. 
Interested parties must submit such comments separately and should cite 
5 U.S.C. 601, et seq. (FAR case 2006-015), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
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 2, 4, 5, and 13

    Government procurement.

    Dated: January 24, 2007.
Ralph De Stefano
Director, Contract Policy Division.
    Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 4, 
5, and 13 as set forth below:
    1. The authority citation for 48 CFR parts 2, 4, 5, and 13 
continues to read as follows:

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

PART 2--DEFINITIONS OF WORDS AND TERMS


2.101  [Amended]

    2. Amend section 2.101 by removing from paragraph (b) the 
definition ``Federal Acquisition Computer Network (FACNET) 
Architecture''.

PART 4--ADMINISTRATIVE MATTERS


4.502  [Amended]

    3. Amend section 4.502 by removing from paragraph (b)(2) ``, (e.g., 
the Federal Acquisition Computer Network (FACNET))''.

PART 5--PUBLICIZING CONTRACT ACTIONS


5.101  [Amended]

    4. Amend section 5.101 by removing from paragraph (a)(2)(ii) ``or 
Federal Acquisition Computer Network (FACNET)''.


5.102   [Amended]

    5. Amend section 5.102 by removing from paragraph (a)(3) ``to 
FACNET'' and adding ``using electronic commerce'' in its place.


5.201   [Amended]

    6. Amend section 5.201 by removing from paragraph (b)(2) ``to 
FACNET'' and adding ``using electronic commerce'' in its place.


5.203   [Amended]

    7. Amend section 5.203 by removing from paragraph (b) ``via FACNET 
or for which'' and adding ``where'' in its place.

PART 13--SIMPLIFIED ACQUISITION PROCEDURES


13.104  [Amended]

    8. Amend section 13.104 by removing from paragraph (b) ``using 
either FACNET or''.
    9. Amend section 13.105 by revising paragraph (a) to read as 
follows:


13.105   Synopsis and posting requirements.

    (a) The contracting officer must comply with the public display and 
synopsis requirements of 5.101 and 5.203 unless an exception in 5.202 
applies.
* * * * *
    10. Amend section 13.106-1 by revising paragraph (f) to read as 
follows:


13.106-1   Soliciting competition.

* * * * *
    (f) Inquiries. An agency should respond to inquiries received 
through any medium (including electronic commerce) if doing so would 
not interfere with the efficient conduct of the acquisition.


13.106-2  [Amended]

    11. Amend section 13.106-2 by removing from paragraph (b)(4) 
``FACNET or''.


13.106-3  [Amended]

    12. Amend section 13.106-3 by removing from paragraph (c) ``FACNET 
or''.


13.307   [Amended]

    13. Amend section 13.307 by removing from paragraph (b)(1) ``via 
FACNET, electronically,'' and adding ``electronically'' in its place.
[FR Doc. 07-439 Filed 1-31-07; 8:45 am]
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