[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Proposed Rules]
[Pages 67883-67884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25812]



48 CFR Part 239

[DFARS Case 2003-D056]

Defense Federal Acquisition Regulation Supplement; Basic 
Agreements for Telecommunications Services

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 pertaining to the use of 
basic agreements in the acquisition of telecommunications services. 
This proposed rule is a result of a transformation initiative 
undertaken by DoD to dramatically change the purpose and content of the 

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-D056, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Defense Acquisition Regulations Web site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for 
submitting comments.
     E-mail: [email protected]. Include DFARS Case 2003-D056 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Ms. 
Michele Peterson, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
    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.


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 
    This proposed rule is a result of the DFARS Transformation 
initiative. The

[[Page 67884]]

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 will be relocated to the new DFARS companion resource, 
Procedures, Guidance, and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/index.htm.
    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 rule 
addresses procedural matters only, and makes no significant change to 
contracting policy. 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-D056.

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,
Executive Editor, Defense Acquisition Regulations Council.

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

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


    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]

    3. Sections 239.7407-1 and 239.7407-2 are removed.

[FR Doc. 04-25812 Filed 11-19-04; 8:45 am]