[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Rules and Regulations]
[Pages 28732-28733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10825]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 239
[Docket DARS-2015-0046]
RIN 0750-AI72
Defense Federal Acquisition Regulation Supplement: Long-Haul
Telecommunications (DFARS Case 2015-D023)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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[[Page 28733]]
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to add a definition of
``long-haul telecommunications.''
DATES: Effective May 10, 2016.
FOR FURTHER INFORMATION CONTACT: Mr. Christopher Stiller, telephone
571-372-6176.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 80 FR
72674 on November 20, 2015, to revise DFARS subpart 239.74 to add
``long-haul telecommunications'' to the telecommunications services
definitions and identify Defense Information Systems Agency as the
procurer of long-haul telecommunications services for DoD, as mentioned
in DoD Directive 5105.19, Defense Information Systems Agency. There
were no public comments submitted in response to the proposed rule.
There are no changes from the proposed rule made in the final rule.
II. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This case does not add any new provisions or clauses or impact any
existing provisions or clauses.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
A final regulatory flexibility analysis (FRFA) has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
The FRFA is summarized as follows:
The purpose of this final rule is to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to add a definition of
``long-haul telecommunications'' and provide a pointer to DFARS
Procedures, Guidance, and Information for procedures internal to DoD.
No comments were received from the public regarding the initial
regulatory flexibility analysis.
The requirements under this rule will apply to long-haul
telecommunications (Product Service Code D304) requirements as defined
in the DoD Directive 5105.19, Defense Information Systems Agency.
According to data available in the Federal Procurement Data System-Next
Generation (FPDS-NG) for fiscal year 2014 through July 31, 2015, DoD
awarded 13,596 new long-haul telecommunications contracts.
Approximately 3 percent (451) of the total were awarded to small
entities (comprised of 222 unique small entities).
This rule does not create any new reporting or recordkeeping
requirements.
There are no known significant alternatives to the rule. The impact
of this rule on small entities is not expected to be significant
because it only affects DoD internal operating procedures.
V. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 239
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 239 is amended as follows:
PART 239--ACQUISITION OF INFORMATION TECHNOLOGY
0
1. The authority citation for part 239 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Amend section 239.7401 by--
0
a. Removing the alphabetical paragraph designation from each
definition; and
0
b. Adding, in alphabetical order, a new definition for ``Long-haul
telecommunications''.
The addition reads as follows:
239.7401 Definitions.
* * * * *
Long-haul telecommunications means all general and special purpose
long-distance telecommunications facilities and services (including
commercial satellite services, terminal equipment and local circuitry
supporting the long-haul service) to or from the post, camp, base, or
station switch and/or main distribution frame (except for trunk lines
to the first-serving commercial central office for local communications
services).
* * * * *
0
3. Amend section 239.7402 by adding paragraph (d) to read as follows:
239.7402 Policy.
* * * * *
(d) Long-haul telecommunications services. When there is a
requirement for procurement of long-haul telecommunications services,
follow PGI 239.7402(d).
[FR Doc. 2016-10825 Filed 5-9-16; 8:45 am]
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