80 FR 72674 - Defense Federal Acquisition Regulation Supplement; Long-Haul Telecommunications (DFARS Case 2015-D023)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 80, Issue 224 (November 20, 2015)
Defense Acquisition Regulations System
Federal Register Volume 80, Issue 224 (November 20, 2015)
| Page Range | 72674-72675 | |
| FR Document | 2015-29554 |
[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)] [Proposed Rules] [Pages 72674-72675] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29554] ----------------------------------------------------------------------- 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: Department of Defense (DoD). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add a definition of ``long-haul telecommunications.'' DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before January 19, 2016, to be considered in the formation of a final rule. ADDRESSES: Submit comments identified by DFARS Case 2015-D023, using any of the following methods: [cir] Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ``DFARS Case 2015-D023'' under the heading ``Enter keyword or ID'' and selecting ``Search.'' Select the link ``Submit a Comment'' that corresponds with ``DFARS Case 2015-D023.'' Follow the instructions provided at the ``Submit a Comment'' screen. Please include your name, company name (if any), and ``DARS Case 2015-D023 on your attached document. [cir] Email: [email protected]. Include DFARS Case 2015-D023 in the subject line of the message. [cir] Fax: 571-372-6094. [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Kyoung Lee, OUSD(AT&L) DPAP/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Ms. Kyoung Lee, telephone 571-372- 6093. SUPPLEMENTARY INFORMATION: I. Background DoD is proposing to amend DFARS 239.7401 to add a definition of ``long-haul telecommunications.'' The rule also amends DFARS 239.7402 to provide a pointer to internal Government procedures in DFARS Procedures, Guidance, and Information (PGI) to identify the Defense Information Systems Agency as the sole procurement activity for long- haul telecommunications requirements as addressed in DoD Directive 5105.19, Defense Information Systems Agency. II. 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 [[Page 72675]] 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. III. 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 this rule only adds a definition of ``long-haul telecommunications'' and provides a pointer to DFARS PGI for procedures internal to DoD. However, an initial regulatory flexibility analysis has been performed and is summarized as follows: The purpose of this proposed rule is to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add a definition of ``long-haul telecommunications'' so that contracting officers will know when the procedures at DFARS Procedures, Guidance, and Information 239.7402 are applicable. The requirements under this rule will apply to long-haul telecommunications (Product Service Code D304) requirements as addressed in DoD Directive 5105.19, Defense Information Systems Agency (DISA). According to data available in the Federal Procurement Data System (FPDS) for fiscal year 2014 and 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. This rule does not duplicate, overlap, or conflict with any other Federal rules. There are no known significant alternatives to the rule. DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD will also consider comments from small entities concerning the existing regulations in subparts affected by this rule consistent with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (DFARS Case 2015-D023) in correspondence. 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 proposed to be 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. 2015-29554 Filed 11-19-15; 8:45 am] BILLING CODE 5001-06-P
![72674 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules
and benefits, of reducing costs, of DFARS 252.225–7013, currently DATES: Comments on the proposed rule
harmonizing rules, and of promoting approved under OMB Control Number should be submitted in writing to the
flexibility. This is not a significant 0704–0229, titled Foreign Acquisition, address shown below on or before
regulatory action and, therefore, was not in accordance with the Paperwork January 19, 2016, to be considered in
subject to review under section 6(b) of Reduction Act (44.U.S.C. chapter 35). the formation of a final rule.
E.O. 12866, Regulatory Planning and The impact, however, is negligible, ADDRESSES: Submit comments
Review, dated September 30, 1993. This because this rule only makes an upward identified by DFARS Case 2015–D023,
rule is not a major rule under 5 U.S.C. adjustment of the duty-free entry using any of the following methods:
804. threshold from the $200 to $300. Æ Regulations.gov: http://
III. Regulatory Flexibility Act List of Subjects in 48 CFR Parts 225 and www.regulations.gov. Submit comments
252 via the Federal eRulemaking portal by
DoD does not expect this rule to have entering ‘‘DFARS Case 2015–D023’’
a significant economic impact on a Government procurement. under the heading ‘‘Enter keyword or
substantial number of small entities ID’’ and selecting ‘‘Search.’’ Select the
within the meaning of the Regulatory Jennifer L. Hawes,
Editor, Defense Acquisition Regulations link ‘‘Submit a Comment’’ that
Flexibility Act, 5 U.S.C. 601, et seq., corresponds with ‘‘DFARS Case 2015–
because this rule only makes an upward System.
D023.’’ Follow the instructions provided
adjustment of an administrative Therefore, 48 CFR parts 225 and 252 at the ‘‘Submit a Comment’’ screen.
threshold. However, an initial are proposed to be amended as follows: Please include your name, company
regulatory flexibility analysis has been ■ 1. The authority citation for parts 225 name (if any), and ‘‘DARS Case 2015–
prepared consistent with 5 U.S.C. 603 and 252 continues to read as follows: D023 on your attached document.
and is summarized as follows: Æ Email: osd.dfars@mail.mil. Include
Authority: 41 U.S.C. 1303 and 48 CFR
The objective of this rule is to revise chapter 1. DFARS Case 2015–D023 in the subject
DFARS 225.9, Customs and Duties, and
line of the message.
the clause at DFARS 252.225–7013, PART 225—FOREIGN ACQUISITION Æ Fax: 571–372–6094.
Duty-Free Entry, by increasing the duty-
225.901 [Amended] Æ Mail: Defense Acquisition
free entry threshold on nonqualifying
Regulations System, Attn: Ms. Kyoung
country supplies and ineligible foreign ■ 2. In section 225.901, amend
Lee, OUSD(AT&L) DPAP/DARS, Room
supplies from $200 to $300. The current paragraph (3) by removing ‘‘$200’’ and
3B941, 3060 Defense Pentagon,
threshold, established in 2003, was adding ‘‘$300’’ in its place.
Washington, DC 20301–3060.
based on the estimated cost to process Comments received generally will be
a duty-free entry certificate at the time. PART 252—SOLICITATION
PROVISIONS AND CONTRACT posted without change to http://
This rule proposes to make the upward www.regulations.gov, including any
adjustment to reflect annual inflation CLAUSES
personal information provided. To
rates (based on the U.S. Consumer Price 252.225–7013 [Amended] confirm receipt of your comment(s),
Index) that have occurred in the last 12 please check www.regulations.gov,
years. ■ 3. Amend section 252.225–7013 by—
■ a. Removing the clause date ‘‘(NOV approximately two to three days after
Current data indicates, on average,
2014)’’ and adding ‘‘(DATE)’’ in its submission to verify posting (except
approximately 31,500 duty-free entry
place; and allow 30 days for posting of comments
certificates on foreign supplies for DoD
■ b. Amending paragraph (b)(3) by submitted by mail).
per year. DoD does not expect a change
in the estimated duty-free entry removing ‘‘$200’’ and adding ‘‘$300’’ in FOR FURTHER INFORMATION CONTACT: Ms.
processes. As such, small entities will its place. Kyoung Lee, telephone 571–372–6093.
not be materially affected by this rule. [FR Doc. 2015–29557 Filed 11–19–15; 8:45 am] SUPPLEMENTARY INFORMATION:
This rule does not impose any BILLING CODE 5001–06–P
I. Background
additional reporting, recordkeeping, and
other compliance requirements. This DoD is proposing to amend DFARS
rule does not duplicate, overlap, or DEPARTMENT OF DEFENSE 239.7401 to add a definition of ‘‘long-
conflict with any other Federal rules. haul telecommunications.’’ The rule
There are no known significant Defense Acquisition Regulations also amends DFARS 239.7402 to
alternatives to the rule. The impact of System provide a pointer to internal
this rule on small business is not Government procedures in DFARS
expected to be significant. 48 CFR Part 239 Procedures, Guidance, and Information
DoD invites comments from small [Docket DARS–2015–0046] (PGI) to identify the Defense
business concerns and other interested Information Systems Agency as the sole
RIN 0750–AI72 procurement activity for long-haul
parties on the expected impact of this
rule on small entities. DoD will also Defense Federal Acquisition telecommunications requirements as
consider comments from small entities Regulation Supplement; Long-Haul addressed in DoD Directive 5105.19,
concerning the existing regulations in Telecommunications (DFARS Case Defense Information Systems Agency.
subparts affected by this rule in 2015–D023) II. Executive Orders 12866 and 13563
mstockstill on DSK4VPTVN1PROD with PROPOSALS
accordance with 5 U.S.C. 610. Interested
parties must submit such comments AGENCY: Department of Defense (DoD). Executive Orders (E.O.s) 12866 and
separately and should cite 5 U.S.C. 610 ACTION: Proposed rule. 13563 direct agencies to assess all costs
(DFARS Case 2015–D036), in and benefits of available regulatory
correspondence. SUMMARY: DoD is proposing to amend alternatives and, if regulation is
the Defense Federal Acquisition necessary, to select regulatory
VI. Paperwork Reduction Act Regulation Supplement (DFARS) to add approaches that maximize net benefits
The rule affects the information a definition of ‘‘long-haul (including potential economic,
collection requirements in the clause at telecommunications.’’ environmental, public health and safety
VerDate Sep<11>2014 17:58 Nov 19, 2015 Jkt 238001 PO 00000 Frm 00067 Fmt 4702 Sfmt 4702 E:\FR\FM\20NOP1.SGM 20NOP1](https://thefederalregister.org/doc/80_FR_72898/page/1.svg)
![Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules 72675
effects, distributive impacts, and V. Paperwork Reduction Act DEPARTMENT OF DEFENSE
equity). E.O. 13563 emphasizes the
importance of quantifying both costs The rule does not contain any Defense Acquisition Regulations
and benefits, of reducing costs, of information collection requirements that System
harmonizing rules, and of promoting require the approval of the Office of
flexibility. This is not a significant Management and Budget under the 48 CFR Part 241
regulatory action and, therefore, was not Paperwork Reduction Act (44 U.S.C.
[Docket DARS–2015–0050]
subject to review under section 6(b) of chapter 35).
E.O. 12866, Regulatory Planning and RIN 0750–AI74
List of Subjects in 48 CFR Part 239
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C. Defense Federal Acquisition
Government procurement. Regulation Supplement: Contract Term
804.
Jennifer L. Hawes, Limit for Shared Energy Savings
III. Regulatory Flexibility Act Contract Services (DFARS Case 2015–
Editor, Defense Acquisition Regulations
DoD does not expect this rule to have System. D018)
a significant economic impact on a AGENCY: Defense Acquisition
substantial number of small entities Therefore, 48 CFR part 239 is
Regulations System, Department of
within the meaning of the Regulatory proposed to be amended as follows: Defense (DoD).
Flexibility Act, 5 U.S.C. 601, et seq., ACTION: Proposed rule.
because this rule only adds a definition PART 239—ACQUISITION OF
of ‘‘long-haul telecommunications’’ and INFORMATION TECHNOLOGY SUMMARY: DoD is proposing to amend
provides a pointer to DFARS PGI for the Defense Federal Acquisition
procedures internal to DoD. However, ■ 1. The authority citation for part 239 Regulation Supplement (DFARS) to
an initial regulatory flexibility analysis continues to read as follows: clarify the contract term for shared
has been performed and is summarized Authority: 41 U.S.C. 1303 and 48 CFR energy savings contract services.
as follows: chapter 1. DATES: Comments on the proposed rule
The purpose of this proposed rule is should be submitted in writing to the
to amend the Defense Federal ■ 2. Amend section 239.7401 by— address shown below on or before
Acquisition Regulation Supplement ■ a. Removing the alphabetical January 19, 2016, to be considered in
(DFARS) to add a definition of ‘‘long- paragraph designation from each the formation of a final rule.
haul telecommunications’’ so that definition; and ADDRESSES: Submit comments
contracting officers will know when the identified by DFARS Case 2015–D018,
■ b. Adding, in alphabetical order, a
procedures at DFARS Procedures, using any of the following methods:
Guidance, and Information 239.7402 are new definition for ‘‘Long-haul
telecommunications’’. Æ Regulations.gov: http://
applicable. www.regulations.gov. Submit comments
The requirements under this rule will The addition reads as follows: via the Federal eRulemaking portal by
apply to long-haul telecommunications entering ‘‘DFARS Case 2015–D018’’
239.7401 Definitions.
(Product Service Code D304) under the heading ‘‘Enter keyword or
requirements as addressed in DoD * * * * * ID’’ and selecting ‘‘Search.’’ Select the
Directive 5105.19, Defense Information Long-haul telecommunications means link ‘‘Submit a Comment’’ that
Systems Agency (DISA). According to all general and special purpose long- corresponds with ‘‘DFARS Case 2015–
data available in the Federal distance telecommunications facilities D018.’’ Follow the instructions provided
Procurement Data System (FPDS) for and services (including commercial at the ‘‘Submit a Comment’’ screen.
fiscal year 2014 and through July 31, satellite services, terminal equipment Please include your name, company
2015, DoD awarded 13,596 new long- and local circuitry supporting the long- name (if any), and ‘‘DFARS Case 2015–
haul telecommunications contracts. haul service) to or from the post, camp, D018’’ on your attached document.
Approximately 3 percent (451) of the Æ Email: osd.dfars@mail.mil. Include
base, or station switch and/or main
total were awarded to small entities DFARS Case 2015–D018 in the subject
distribution frame (except for trunk
(comprised of 222 unique small line of the message.
entities). lines to the first-serving commercial
Æ Fax: 571–372–6094.
central office for local communications Æ Mail: Defense Acquisition
This rule does not create any new
reporting or recordkeeping services). Regulations System, Attn: Ms. Janetta L.
requirements. This rule does not * * * * * Brewer, OUSD(AT&L)DPAP/DARS,
duplicate, overlap, or conflict with any ■ 3. Amend section 239.7402 by adding Room 3B941, 3060 Defense Pentagon,
other Federal rules. There are no known paragraph (d) to read as follows: Washington, DC 20301–3060.
significant alternatives to the rule. Comments received generally will be
DoD invites comments from small 239.7402 Policy. posted without change to http://
business concerns and other interested * * * * * www.regulations.gov, including any
parties on the expected impact of this personal information provided. To
(d) Long-haul telecommunications confirm receipt of your comment(s),
rule on small entities.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
services. When there is a requirement please check www.regulations.gov,
DoD will also consider comments
for procurement of long-haul approximately two to three days after
from small entities concerning the
telecommunications services, follow submission to verify posting (except
existing regulations in subparts affected
by this rule consistent with 5 U.S.C. PGI 239.7402(d). allow 30 days for posting of comments
610. Interested parties must submit such [FR Doc. 2015–29554 Filed 11–19–15; 8:45 am] submitted by mail).
comments separately and should cite 5 BILLING CODE 5001–06–P FOR FURTHER INFORMATION CONTACT: Ms.
U.S.C. 610 (DFARS Case 2015–D023) in Janetta L. Brewer, telephone 571–372–
correspondence. 6104.
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Document Created: 2015-12-14 13:58:53
Document Modified: 2015-12-14 13:58:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments on the proposed rule should be submitted in writing to | |
| Contact | Ms. Kyoung Lee, telephone 571-372- 6093. | |
| FR Citation | 80 FR 72674 | |
| RIN Number | 0750-AI72 |
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