38234 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Rules and Regulations 

(b) In addition to the information and 

certifications in paragraph (a) of this 

section: 

(1) Any recipient of incremental Connect 

America Phase I support pursuant to 

§ 54.312(b) and (c) shall provide: 

(i) In its next annual report due after two 

years after filing a notice of acceptance of 

funding pursuant to § 54.312(b) and (c), a 

certification that the company has deployed 

to no fewer than two-thirds of the required 

number of locations; and 

(ii) In its next annual report due after three 

years after filing a notice of acceptance of 

funding pursuant to § 54.312(b) and (c), a 

certification that the company has deployed 

to all required locations and that it is offering 

broadband service of at least 4 Mbps 

downstream and 1 Mbps upstream, with 

latency sufficiently low to enable the use of 

real-time communications, including Voice 

over Internet Protocol, and with usage 

allowances, if any, associated with a 

specified price for a service offering that are 

reasonably comparable to comparable 

offerings in urban areas. 

(2) In addition to the information and 

certifications required in paragraph (b)(1) of 

this section, any recipient of incremental 

Connect America Phase I support pursuant to 

§ 54.312(c) shall provide: 

(i) In its annual reports due after one, two, 

and three years after filing a notice of 

acceptance of funding pursuant to 

§ 54.312(c), a certification that, to the best of 

the recipient’s knowledge, the locations in 

question are not receiving support under the 

Broadband Initiatives Program or the 

Broadband Technology Opportunities 

Program for projects that will provide 

broadband with speeds of at least 4 Mbps/1 

Mbps; and 

(ii) In its annual reports due after one, two, 

and three years after filing a notice of 

acceptance of funding pursuant to 

§ 54.312(c), a statement of the total amount 

of capital funding expended in the previous 

year in meeting Connect America Phase I 

deployment obligations, accompanied by a 

list of census blocks indicating where 

funding was spent. 

* * * * * 

[FR Doc. 2013–15297 Filed 6–25–13; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 208, 216, and 247 

RIN 0750–AH91 

Defense Federal Acquisition 

Regulation Supplement: Requirements 

for Acquisitions Pursuant to Multiple 

Award Contracts (DFARS Case 2012– 

D047) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement section 863 of 

the National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2009 (Pub. 

L. 110–417). Section 863(f) repeals 

redundant provisions of section 803 of 

the NDAA for FY 2001, which was 

implemented by a previous DFARS 

case, 2001–D017. 

DATES: Effective Date: June 26, 2013. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Fernell Warren, telephone 571–372– 

6089. 

SUPPLEMENTARY INFORMATION:

I. Background 

On October 25, 2002, a final DFARS 

rule was published (67 FR 65505) which 

implemented section 803 of the NDAA 

for FY 2002 (Pub. L. 107–107; 10 U.S.C. 

2304 note). The purpose of section 803 

was to achieve savings in expenditures 

through the use of competition in the 

purchase of services pursuant to 

multiple award contracts. 

Increasing savings in expenditures 

through competition is a continuing 

goal of the Federal Government, and as 

such, section 863 of the NDAA for FY 

2009 required that the Federal 

Acquisition Regulation (FAR) be 

amended to require enhanced 

competition in the purchase of property 

and services by all executive agencies 

pursuant to multiple-award contracts. 

Final publication of FAR Case 2007–012 

(March 2, 2012), Requirements for 

Acquisitions Pursuant to MultipleAward Contracts, satisfied this 

requirement of section 863. 

The statute also repeals section 803 of 

the NDAA for FY2002 as a redundant 

provision. As such, this final rule 

reconciles and removes from the DFARS 

all obsolete references to section 803 of 

the NDAA for FY2002 (Pub. L. 107–107; 

10 U.S.C. 2304 note) now implemented 

in the FAR. 

This final rule makes the following 

changes: 

• Modify 208.404(a)(i) to delete the 

reference to 208.405–70(c)(2) which is 

redundant, and to change $150,000 to 

the simplified acquisition threshold to 

reconcile with the FAR. 

• Relocate the reference to the 

provisions prescribed at 215.371–6 and 

215.408(4) from 208.405–70(d) to 

208.404 in order to retain the cross 

reference to the provisions that remain 

applicable. 

• Delete 208.405–70 because it is 

redundant with FAR 8.405. Competitive 

requirements when using Federal 

Supply Schedules are now fully 

implemented in the FAR. 

• Modify 208.7400(d) to delete an 

obsolete reference to 208.405–70. 

• Renumber 216.501 to 216.501–2–70 

to reconcile with FAR using the correct 

numbering convention. 

• Delete 216.501–1. Only ‘‘Multipleaward contract’’ was defined and it was 

only used in 216.505–70 which is also 

deleted in this rule. 

• Renumber 216.501–2(a) to 216.501– 

2–70(b) to reconcile with FAR. 

• Delete 216.505–70(a), (b), (c), (d)(1), 

(2), (4), and (5) which are redundant. 

Competitive requirements for orders 

under multiple-award contracts are now 

fully implemented in the FAR at 

16.500(d) and 16.505(b). Retain content 

of 216.505–70(d)(3), renumbered as 

216.505–70, which remains applicable 

under the stated circumstances. 

• Modify 247.271–3(f) to change the 

reference from FAR 16.505(a)(4) to 

16.504(a)(4)(vii) to reconcile with FAR 

numbering. FAR 16.505(a)(4) was not 

changed by FAR Case 2007–012, but no 

longer discusses oral orders. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

Publication of proposed regulations, 

41 U.S.C. 1707, is the statute which 

applies to the publication of the Federal 

Acquisition Regulation. Paragraph (a)(1) 

of the statute requires that a 

procurement policy, regulation, 

procedure, or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, 

procedure, or form, or has a significant 

cost or administrative impact on 

contractors or offerors. This final rule is 

not required to be published for public 

comment, because it simply reconciles 

and removes all obsolete references to 

section 803 of the National Defense 

Authorization Act for Fiscal Year 2002 

(Pub. L. 107–107; 10 U.S.C. 2304 note) 

from the DFARS. These requirements 

affect only the internal operating 

procedures of the Government, and the 

rule does not create a significant cost or 

administrative impact on contractors or 

offerors. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

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Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Rules and Regulations 38235 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

DFARS revision within the meaning of 

FAR 1.501–1, and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

V. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 208, 

216, and 247 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD amends 48 CFR parts 

208, 216, and 247 as follows: 

■ 1. The authority citation for parts 208, 

216, and 247 continue to read as 

follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

Chapter 1. 

PART 208—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

■ 2. Amend section 208.404 by— 

■ a. Revising paragraph (a)(i); and 

■ b. Adding a new paragraph (a)(iv). 

The text of the revisions and 

additions read as follows: 

208.404 Use of Federal Supply Schedules. 

(a)(i) If only one offer is received in 

response to an order exceeding the 

simplified acquisition threshold that is 

placed on a competitive basis, the 

procedures at 215.371 apply. 

* * * * * 

(iv) Use the provisions at 252.215– 

7007, Notice of Intent to Resolicit, and 

252.215–7008, Only One Offer, as 

prescribed at 215.408(3) and 215.408(4), 

respectively. 

208.405–70 [Removed] 

■ 3. Section 208.405–70 is removed. 

208.7400 [Amended] 

■ 4. Amend section 208.7400, paragraph 

(d), by removing ‘‘established in 

accordance with FAR 8.405 and 

208.405–70; or’’ and adding 

‘‘established in accordance with FAR 

8.405; or’’ in its place. 

PART 216—TYPES OF CONTRACTS 

216.501 [Redesignated as 216.501–2–70] 

■ 5. Redesignate section 216.501 as 

section 216.501–2–70. 

■ 6. In newly redesignated section 

216.501–2–70, add paragraph (b) to read 

as follows: 

216.501–2–70 General. 

* * * * * 

(b) See 217.204(e)(i) for limitations on 

the period for task order or delivery 

order contracts awarded by DoD 

pursuant to 10 U.S.C. 2304a. 

216.501–1 and 216.501–2 [Removed] 

■ 7. Remove sections 216.501–1 and 

216.501–2. 

■ 8. Revise section 216.505–70 to read 

as follows: 

216.505–70 Orders under multiple award 

contracts. 

If only one offer is received in 

response to an order exceeding the 

simplified acquisition threshold that is 

placed on a competitive basis, the 

contracting officer shall follow the 

procedures at 215.371. 

PART 247—TRANSPORTATION 

247.271–3 [Amended] 

■ 9. Amend section 247.271–3, 

paragraph (f), by removing ‘‘for placing 

oral orders in accordance with FAR 

16.505 (a)(4), document the oral orders’’ 

and adding ‘‘for placing oral orders in 

accordance with FAR 16.504(a)(4)(vii), 

document the oral orders’’ in its place. 

[FR Doc. 2013–15270 Filed 6–25–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 252 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making technical 

amendments to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to provide needed editorial 

changes. 

DATES: Effective Date: June 26, 2013. 

FOR FURTHER INFORMATION CONTACT: Mrs. 

Kortnee Stewart, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), Room 3B855, 3060 

Defense Pentagon, Washington, DC 

20301–3060. Telephone 571–372–6100; 

facsimile 571–372–6094. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS as follows: 

1. Corrects typographical error at 

225.7902–5(b)(1)(i). 

2. Corrects the definition of ‘‘export’’ 

at 252.225–7047. 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Kortnee Stewart, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 225 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 225 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 225—FOREIGN ACQUISITION 

225.7902–5 [Amended] 

■ 2. Section 225.7902–5(b)(1)(i) is 

amended by removing ‘‘252.204–7008’’ 

and adding ‘‘252.204–7048’’ in its place. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.225–7047 [Amended] 

■ 3. The definition of ‘‘Export’’ in 

section 252.225–7047(a) is amended by 

removing ‘‘United Kingdom 

Community’’ and adding ‘‘United 

Kingdom Community and the Australia 

Community’’ in its place. 

[FR Doc. 2013–15271 Filed 6–25–13; 8:45 am] 

BILLING CODE 6820–ep–P 

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