Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 54697 

Subpart 217.72 [Removed and 

Reserved] 

12. Subpart 217.72 is removed and 

reserved. 

13. Section 217.7404–5 is amended by 

revising paragraphs (b)(1) and (2) to read 

as follows: 

217.7404–5 Exceptions. 

* * * * * 

(b) * * *

(1) A contingency operation; or 

(2) A humanitarian or peacekeeping 

operation. 

217.7404–6 [Amended] 

14. Section 217.7404–6 is amended in 

the introductory text by removing 

‘‘agency’’ and adding in its place 

‘‘contracting activity’’. 

217.7405 [Removed] 

15. Section 217.7405 is removed. 

217.7406 [Redesignated] 

16. Section 217.7406 is redesignated 

as section 217.7405. 

17. Section 217.7500 is amended by 

removing the parenthetical ‘‘(as defined 

in appendix E)’’. 

217.7501 through 217.7504 [Redesignated] 

18. Sections 217.7501 through 

217.7504 are redesignated as sections 

217.7502 through 217.7505, 

respectively. 

19. A new section 217.7501 is added 

to read as follows: 

217.7501 Definition. 

Replenishment parts, as used in this 

subpart, means repairable or 

consumable parts acquired after the 

initial provisioning process. 

217.7502 [Amended] 

20. Newly designated section 

217.7502 is amended as follows: 

a. In paragraph (b)(1) by removing 

‘‘217.7503’’ and adding in its place ‘‘PGI 

217.7504’’; and 

b. In paragraph (c) by removing 

‘‘217.7504’’ and adding in its place 

‘‘217.7505’’. 

21. Newly designated sections 

217.7503 and 217.7504 are revised to 

read as follows: 

217.7503 Spares acquisition integrated 

with production. 

Follow the procedures at PGI 

217.7503 for acquiring spare parts 

concurrently with the end item. 

217.7504 Acquisition of parts when data is 

not available. 

Follow the procedures at PGI 

217.7504 when acquiring parts for 

which the Government does not have 

the necessary data. 

22. Section 217.7506 is added to read 

as follows: 

217.7506 Spare parts breakout program. 

See PGI 217.7506 and DoD 4140.1–R, 

DoD Supply Chain Materiel 

Management Regulation, Chapter 8, 

Section C8.3, for spare parts breakout 

requirements. 

217.7600 [Removed] 

23. Section 217.7600 is removed. 

24. Section 217.7601 is revised to read 

as follows: 

217.7601 Provisioning. 

(a) Follow the procedures at PGI 

217.7601 for contracts with provisioning 

requirements. 

(b) For technical requirements of 

provisioning, see DoD 4140.1–R, DoD 

Supply Chain Materiel Management 

Regulation, Chapter 2, Section C2.2. 

217.7602 through 217.7603–3 [Removed] 

25. Sections 217.7602 through 

217.7603–3 are removed. 

217.7700 [Removed] 

26. Section 217.7700 is removed. 

27. Section 217.7701 is revised to read 

as follows: 

217.7701 Procedures. 

Follow the procedures at PGI 

217.7701 when acquiring over and 

above work. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.217–7004 [Amended] 

28. Section 252.217–7004 is amended 

as follows: 

a. By revising the clause date to read 

‘‘(XXX 2005)’’; and 

b. In paragraph (a), in the first 

sentence, by removing ‘‘in accordance 

with FAR part 14 or 15, as applicable’’. 

252.217–7017 through 252.217–7025 

[Removed and Reserved] 

29. Sections 252.217–7017 through 

252.217–7025 are removed and 

reserved. 

252.217–7027 [Amended] 

30. Section 252.217–7027 is amended 

in the introductory text by removing 

‘‘217.7406’’ and adding in its place 

217.7405’’. 

Appendix E to Chapter 2 [Removed and 

Reserved] 

31. Appendix E to Chapter 2 is 

removed and reserved. 

[FR Doc. 05–18472 Filed 9–15–05; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

48 CFR Part 239 

[DFARS Case 2003–D094] 

Defense Federal Acquisition 

Regulation Supplement; Exchange or 

Sale of Government-Owned 

Information Technology 

AGENCY: Department of Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

delete obsolete procedures for the 

exchange or sale of Government-owned 

information technology. 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 

November 15, 2005, to be considered in 

the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2003–D094, 

using any of the following methods: 

Æ Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Æ Defense Acquisition Regulations 

Web site: http://emissary.acq.osd.mil/ 

dar/dfars.nsf/pubcomm. Follow the 

instructions for submitting comments. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2003–D094 in the subject 

line of the message. 

Æ Fax: (703) 602–0350. 

Æ Mail: Defense Acquisition 

Regulations Council, Attn: Ms. Gabrielle 

Ward, OUSD(AT&L)DPAP(DAR), IMD 

3C132, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

Æ 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. 

Gabrielle Ward, (703) 602–2022. 

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 

54698 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 

contain only requirements of law, DoDwide 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 proposed rule is a result of the 

DFARS Transformation initiative. The 

rule revises DFARS Subpart 239.70 to 

delete obsolete procedures for the 

exchange or sale of Government-owned 

information technology. DoD now 

handles the exchange or sale of 

information technology equipment in 

the same manner as other personal 

property, in accordance with DoD 

4140.1–R, DoD Supply Chain Materiel 

Management Regulation. The proposed 

rule adds a reference to DoD 4140.1–R. 

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 change is 

limited to the deletion of obsolete 

procedures for the exchange or sale of 

Government-owned information 

technology. 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 subpart 

in accordance with 5 U.S.C. 610. Such 

comments should be submitted 

separately and should cite DFARS Case 

2003–D094. 

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. 

Therefore, DoD proposes to amend 48 

CFR Part 239 as follows: 

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. 

PART 239—ACQUISITION OF 

INFORMATION TECHNOLOGY 

2. Subpart 239.70 is revised to read as 

follows: 

Subpart 239.70—Exchange or Sale of 

Information Technology 

Sec. 

239.7001 Policy. 

239.7001 Policy. 

Agencies shall follow the procedures 

in DoD 4140.1–R, DoD Supply Chain 

Materiel Management Regulation, 

Chapter 9, Section C9.5, when 

considering the exchange or sale of 

Government-owned information 

technology. 

[FR Doc. 05–18471 Filed 9–15–05; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

48 CFR Parts 239 and 252 

[DFARS Case 2003–D068] 

Defense Federal Acquisition 

Regulation Supplement; Acquisition of 

Information Technology 

AGENCY: Department of Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

update text on the acquisition of 

information technology. 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 

November 15, 2005, to be considered in 

the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2003–D068, 

using any of the following methods: 

Æ Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Æ Defense Acquisition Regulations 

Web Site: http://emissary.acq.osd.mil/ 

dar/dfars.nsf/pubcomm. Follow the 

instructions for submitting comments. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2003–D068 in the subject 

line of the message. 

Æ Fax: (703) 602–0350. 

Æ Mail: Defense Acquisition 

Regulations Council, Attn: Ms. Gabrielle 

Ward, OUSD(AT&L)DPAP(DAR), IMD 

3C132, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

Æ 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. 

Gabrielle Ward, (703) 602–2022. 

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, DoDwide 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 proposed rule is a result of the 

DFARS Transformation initiative. The 

proposed DFARS changes—

Æ Remove text that is obsolete or 

unnecessary; 

Æ Clarify text addressing charges for 

special construction or assembly related 

to telecommunications services; 

Æ Clarify the text of clauses used in 

basic agreements for 

telecommunications services; and 

Æ Remove text addressing the 

acquisition of telecommunications 

services from foreign carriers. Text on 

this subject will be relocated to the new 

DFARS companion resource, 

Procedures, Guidance, and Information 

(PGI). Additional information on PGI is 

available at http://www.acq.osd.mil/ 

dpap/dars/pgi. 

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.,