[Federal Register Volume 70, Number 179 (Friday, September 16, 2005)]
[Proposed Rules]
[Pages 54697-54698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18471]


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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.

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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:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] Defense Acquisition Regulations Web site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for 
submitting comments.
    [cir] E-mail: dfars@osd.mil. Include DFARS Case 2003-D094 in the 
subject line of the message.
    [cir] Fax: (703) 602-0350.
    [cir] Mail: Defense Acquisition Regulations Council, Attn: Ms. 
Gabrielle Ward, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
    [cir] 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

[[Page 54698]]

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/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]
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