[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Rules and Regulations]
[Pages 40459-40460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19162]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 5 and 7

[FAC 2005-36; FAR Case 2008-038; Item I; Docket 2009-0028, Sequence 1]
RIN 9000-AL32


Federal Acquisition Regulation; FAR Case 2008-038, Federal 
Technical Data Solution (FedTeDS)

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are issuing a final rule to 
amend the Federal Acquisition Regulation (FAR) to reflect that FedTeDS 
capabilities have been incorporated into the Governmentwide Point of 
Entry (GPE). References to FedTeDS are amended to reflect the GPE i.e., 
FedBizOpps system.

DATES: Effective Date: September 10, 2009.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Ed Loeb, Director, Contract Policy Division at (202) 501-0650. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-36, FAR 
case 2008-038.

SUPPLEMENTARY INFORMATION:

A. Background

    The Federal Technical Data Solution (FedTeDS) is the system that 
was used for the past several years to post on-line technical data 
packages and other items associated with solicitations that required 
some level of access control. It was interfaced directly with the 
Governmentwide Point of Entry (GPE) i.e., FedBizOpps system. In April 
2008, a new version of the GPE was launched. This version incorporated 
the capabilities of FedTeDS, thereby allowing FedTeDS to be retired. 
FAR Sections 5.102, 5.207 and 7.105 will be amended to (1) remove all 
references to FedTeDS and refer to the enhanced controls of the GPE, 
(2) address technical data availability via GPE in lieu of FedTeDS, and 
(3) substitute GPE in lieu of FedTeDS in references to acquisition 
plans.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant FAR revision within the 
meaning of FAR 1.501 and Public Law 98-577, and publication for public 
comments is not required. However, the Councils will consider comments 
from small entities concerning the affected FAR Parts 5 and 7 in 
accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 601, et seq. (FAC 2005-36, 
FAR case 2008-038), in all correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the final rule 
does not contain 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 5 and 7

    Government procurement.

    Dated: August 4, 2009.
Al Matera,
Director, Office of Acquisition Policy.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 5 and 7 as set forth 
below:

0
1. The authority citation for 48 CFR parts 5 and 7 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

[[Page 40460]]

PART 5--PUBLICIZING CONTRACT ACTIONS

0
2. Amend section 5.102 by--
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a. Revising paragraph (a)(4) and the introductory text of paragraph 
(a)(5);
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b. Removing paragraph (a)(5)(iii); and
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c. Redesignating paragraph (a)(5)(iv) as (a)(5)(iii).
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The revised text reads as follows:


5.102  Availability of solicitations.

    (a) * * *
    (4) When an agency determines that a solicitation contains 
information that requires additional controls to monitor access and 
distribution (e.g., technical data, specifications, maps, building 
designs, schedules, etc.), the information shall be made available 
through the enhanced controls of the GPE, unless an exception in 
paragraph (a)(5) of this section applies. The GPE meets the synopsis 
and advertising requirements of this part.
    (5) The contracting officer need not make a solicitation available 
through the GPE as required in paragraph (a)(4) of this section, when--
* * * * *


5.207  [Amended]

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3. Amend section 5.207 by removing from paragraph (c)(18) ``FedTeDS 
(https://www.fedteds.gov)'' and adding ``http://www.fedbizopps.gov'' in 
its place.

PART 7--ACQUISITION PLANNING


7.105  [Amended]

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4. Amend section 7.105 by removing from paragraph (b)(15) ``Federal 
Technical Data Solution (FedTeDS)'' and adding ``enhanced controls of 
the GPE at http://www.fedbizopps.gov'' in its place.
[FR Doc. E9-19162 Filed 8-10-09; 8:45 am]
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