[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Rules and Regulations]
[Page 67919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22109]



[[Page 67919]]

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DEPARTMENT OF DEFENSE

48 CFR Parts 239 and 252

[DFARS Case 2003-D053]


Defense Federal Acquisition Regulation Supplement; Update of 
Clauses for Telecommunications Services

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to update clauses used in 
contracts for telecommunications services. This rule is a result of a 
transformation initiative undertaken by DoD to dramatically change the 
purpose and content of the DFARS.

EFFECTIVE DATE: November 9, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Gabrielle Ward, Defense 
Acquisition Regulations System, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-2022; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D053.

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, 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 final rule is a result of the DFARS Transformation initiative. 
The rule--
    [cir] Deletes an obsolete clause at DFARS 252.239-7003, Facilities 
and Services to be Furnished--Common Carriers; and
    [cir] Expands the applicability of the clauses at DFARS 252.239-
7004, Orders for Facilities and Services; 252.239-7005, Rates, Charges, 
and Services; and 252.239-7007, Cancellation or Termination of Orders, 
to all carriers of telecommunications services. The clauses previously 
applied only to common carriers (those subject to Federal 
Communications Commission or other governmental regulation). Expansion 
of these clauses to all carriers reflects the current business 
environment, where the differences between common and noncommon 
carriers have become less distinct.
    DoD published a proposed rule at 69 FR 67885 on November 22, 2004. 
DoD received no comments on the proposed rule. Therefore, DoD has 
adopted the proposed rule as a final rule without change.
    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 certifies that this final rule will not 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 DFARS changes in this rule reflect current business 
practices for the acquisition of telecommunications services.

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 Parts 239 and 252

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.


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Therefore, 48 CFR parts 239 and 252 are amended as follows:
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1. The authority citation for 48 CFR parts 239 and 252 continues to 
read as follows:

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

PART 239--ACQUISITION OF INFORMATION TECHNOLOGY


239.7406  [Amended]

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2. Section 239.7406 is amended in paragraph (c)(6) by removing ``--
Common Carriers''.


239.7411  [Amended]

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3. Section 239.7411 is amended in paragraph (a) as follows:
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a. By removing paragraph (a)(2);
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b. By redesignating paragraphs (a)(3) through (a)(7) as paragraphs 
(a)(2) through (a)(6) respectively; and
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c. In newly designated paragraphs (a)(2), (a)(3), and (a)(5), by 
removing ``--Common Carriers''.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.239-7003  [Removed and Reserved]

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4. Section 252.239-7003 is removed and reserved.


252.239-7004  [Amended]

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5. Section 252.239-7004 is amended as follows:
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a. In the section heading, by removing ``--common carriers'';
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b. In the clause title, by removing ``--COMMON CARRIERS''; and
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c. By revising the clause date to read ``(NOV 2005)''.


252.239-7005  [Amended]

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6. Section 252.239-7005 is amended as follows:
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a. In the section heading, by removing ``--common carriers'';
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b. In the clause title, by removing ``--COMMON CARRIERS'';
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c. By revising the clause date to read ``(NOV 2005)''; and
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d. In paragraph (f), in the first sentence, by removing ``--Common 
Carriers''.


252.239-7007  [Amended]

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7. Section 252.239-7007 is amended as follows:
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a. In the section heading, by removing ``--common carriers'';
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b. In the clause title, by removing ``--COMMON CARRIERS'';
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c. By revising the clause date to read ``(NOV 2005)''; and
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d. In paragraph (b)(1), by removing ``--Common Carriers''.
[FR Doc. 05-22109 Filed 11-8-05; 8:45 am]
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