Defense Federal Acquisition Regulation Supplement; Contractor Performance of Acquisition Functions Closely Associated With Inherently Governmental Functions, 14572-14573 [05-5629]

Download as PDF 14572 Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Rules and Regulations duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20054, telephone 1–800–378–3160 or https:// www.BCPIWEB.com. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: I Authority: 47 U.S.C. 154, 303, 334 and 336. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Arkansas, is amended by adding Gassville, Channel 224A. I 3. Section 73.202(b), the Table of FM Allotments under Massachusetts, is amended by adding Channel 249A at Nantucket. I Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. 05–5734 Filed 3–23–05; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 76 [MB Docket No. 05–28; DA 05–169] Inquiry Regarding the Impact of Certain Rules on Competition in the Multichannel Video Programming Distribution Market Federal Communications Commission. ACTION: Review of rules and statutory provisions; extension of comment period. AGENCY: SUMMARY: This decision extends the period for filing public reply comments in this proceeding at the request of a commenter. Reply comments were due on or before March 16, 2005, and are now due on or before March 31, 2005. FOR FURTHER INFORMATION CONTACT: Marcia Glauberman, Media Bureau, 202–418–7046. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Order in MB Docket No. 05–28, DA 05–627, DATES: VerDate jul<14>2003 14:14 Mar 22, 2005 Jkt 205001 adopted March 9, 2005, and released on March 9, 2005. The full text of this Order is available for inspection and copying during regular business hours in the FCC Reference Center, 445 Twelfth Street, SW., Room CY–A257, Portals II, Washington, DC 20554, and may also be purchased from the Commission’s copy contractor, Best Company and Printing, Inc., Room CY– B402, telephone (800) 378–3160, e-mail www.BCPIWEB.COM. To request materials in accessible formats for people with disabilities (electronic files, large print, audio format and Braille), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). 155(c), and sections 0.61, 0283, and 1.46 of the Commission’s rules, 47 CFR 0.61, 0.283, and 1.46, the date for filing reply comments in MB Docket No. 05–28 is extended until March 31, 2005. Synopsis of the Order 1. By a Public Notice dated January 25, 2005, the Media Bureau began an inquiry on the impact of specific provisions of the Communications Act of 1934, as amended, and Commission rules on competition in the multichannel video programming distribution (MVPD) market. (70 FR 6593, February 8, 2005.) The Commission is required to submit a report to Congress on the results of its inquiry no later than nine months after the enactment date of the Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA), i.e., September 8, 2005. (Pub. L. 108–447, § 208, 118 Stat 2809, 3428–29, 2004. The SHVERA was enacted on December 8, 2004, as title IX of the ‘‘Consolidated Appropriations Act, 2005.) The Public Notice called for reply comments on March 16, 2005. 2. The Walt Disney Company, Disney ABC Cable Networks Group, The ABC Television Network, and the ABCowned television stations (collectively, Disney) has requested a thirty day extension of time, until April 15, 2005, to file reply comments. Disney seeks this extension of time to prepare a detailed reply to the issues raised in the initial comments, including an economic analysis in response to a study on retransmission consent submitted by the Joint Cable Commenters. 3. The Commission concludes that the Walt Disney Company has stated good cause for itself and others to receive an extension of fifteen days for the filing of their reply comments. A fifteen day extension will result in a more complete discussion and analysis of the issues raised in the initial comments. 4. Accordingly, It is ordered that, pusuant to Sections 4(i), 4(j), and 5(c) of Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j) and Defense Federal Acquisition Regulation Supplement; Contractor Performance of Acquisition Functions Closely Associated With Inherently Governmental Functions PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 Federal Communications Commission. Thomas Horan, Senior Legal Advisor, Media Bureau. [FR Doc. 05–5835 Filed 3–22–05; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF DEFENSE 48 CFR Part 207 [DFARS Case 2004–D021] Department of Defense (DoD). Interim rule with request for comments. AGENCY: ACTION: SUMMARY: DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 804 of the National Defense Authorization Act for Fiscal Year 2005. Section 804 places limitations on the award of contracts for the performance of acquisition functions closely associated with inherently governmental functions. DATES: Effective date: March 23, 2005. Comment date: Comments on the interim rule should be submitted to the address shown below on or before May 23, 2005 to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2004–D021, using any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. o Defense Acquisition Regulations Web site: https://emissary.acq.osd.mil/dar/ dfars.nsf/pubcomm. Follow the instructions for submitting comments. • E-mail: dfars@osd.mil. Include DFARS Case 2004–D021 in the subject line of the message. • Fax: (703) 602–0350. • Mail: Defense Acquisition Regulations Council, Attn: Ms. Robin Schulze, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. • Hand Delivery/Courier: Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202–3402. E:\FR\FM\23MRR1.SGM 23MRR1 Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Rules and Regulations All comments received will be posted to https://emissary.acq.osd.mil/dar/ dfars.nsf. FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, (703) 602–0326. SUPPLEMENTARY INFORMATION: A. Background This interim rule adds DFARS Subpart 207.5 to implement Section 804 of the National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375). Section 804 adds 10 U.S.C. 2383, which places limitations on the award of contracts for performance of the acquisition functions closely associated with inherently governmental functions that are listed in section 7.503(d) of the Federal Acquisition Regulation. 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 has prepared an initial regulatory flexibility analysis consistent with 5 U.S.C. 603. The analysis is summarized as follows: The objective of the rule is to ensure proper management and oversight of contracts for functions that generally are not considered to be inherently governmental, but may approach being in that category because of the nature of the function, the manner in which the contractor performs the contract, or the manner in which the Government administers contractor performance. The impact of the rule on small entities is unknown at this time. DoD agencies will implement the requirements of the rule in making decisions whether to enter into, and in the administration of, contracts for performance of the acquisition functions closely associated with inherently governmental functions that are listed in section 7.503(d) of the Federal Acquisition Regulation. 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 2004–D021. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the 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. VerDate jul<14>2003 14:14 Mar 22, 2005 Jkt 205001 D. Determination To Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense that urgent and compelling reasons exist to publish an interim rule prior to affording the public an opportunity to comment. This interim rule implements Section 804 of the National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375). Section 804 provides that DoD may enter into contracts for the performance of acquisition functions closely associated with inherently governmental functions only if: (1) Appropriate DoD personnel cannot reasonably be made available to perform the functions; (2) appropriate DoD personnel will supervise contractor performance and will perform all associated inherently governmental functions; and (3) DoD addresses any potential organizational conflict of interest of the contractor in the performance of the contract. Section 804 became effective upon enactment on October 28, 2004. Comments received in response to this interim rule will be considered in the formation of the final rule. List of Subjects in 48 CFR Part 207 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR Part 207 is amended as follows: I 1. The authority citation for 48 CFR Part 207 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 207—ACQUISITION PLANNING 2. Subpart 207.5 is added to read as follows: I Scope of subpart. Policy. (S–70) Contracts for acquisition functions. (1) In accordance with 10 U.S.C. 2383, the head of an agency may enter into a contract for performance of the acquisition functions closely associated with inherently governmental functions that are listed at FAR 7.503(d) only if— PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 48 CFR Part 209 Defense Federal Acquisition Regulation Supplement; Technical Amendment Department of Defense (DoD). Final rule. AGENCY: ACTION: SUMMARY: DoD is making a technical amendment to the Defense Federal Acquisition Regulation Supplement to update the list of agency debarring and suspending officials. DATES: Effective March 23, 2005. FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0311; facsimile (703) 602–0350. List of Subjects in 48 CFR Part 209 Therefore, 48 CFR Part 209 is amended as follows: I 1. The authority citation for 48 CFR Part 209 continues to read as follows: I This subpart also implements 10 U.S.C. 2383. 207.503 [FR Doc. 05–5629 Filed 3–22–05; 8:45 am] Michele P. Peterson, Editor, Defense Acquisition Regulations System. Scope of subpart. Policy. 207.500 (i) The contracting officer determines that appropriate military or civilian DoD personnel— (A) Cannot reasonably be made available to perform the functions; (B) Will supervise contractor performance of the contract; and (C) Will perform all inherently governmental functions associated with the functions to be performed under the contract; and (ii) The contracting officer ensures that the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions under the contract (see FAR Subpart 9.5). (2) See related information at PGI 207.503(S–70). Government procurement. Subpart 207.5—Inherently Governmental Functions Sec. 207.500 207.503 14573 Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 209—CONTRACTOR QUALIFICATIONS 209.403 [Amended] 2. Section 209.403 is amended in the definition of ‘‘Debarring and suspending official’’, in paragraph (1), by removing ‘‘National Security Agency—The I E:\FR\FM\23MRR1.SGM 23MRR1

Agencies

DEPARTMENT OF DEFENSE

[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Rules and Regulations]
[Pages 14572-14573]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5629]


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DEPARTMENT OF DEFENSE

48 CFR Part 207

[DFARS Case 2004-D021]


Defense Federal Acquisition Regulation Supplement; Contractor 
Performance of Acquisition Functions Closely Associated With Inherently 
Governmental Functions

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: DoD has issued an interim rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement Section 804 of 
the National Defense Authorization Act for Fiscal Year 2005. Section 
804 places limitations on the award of contracts for the performance of 
acquisition functions closely associated with inherently governmental 
functions.

DATES: Effective date: March 23, 2005.
    Comment date: Comments on the interim rule should be submitted to 
the address shown below on or before May 23, 2005 to be considered in 
the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2004-D021, 
using any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. o Defense Acquisition 
Regulations Web site: https://emissary.acq.osd.mil/dar/dfars.nsf/
pubcomm. Follow the instructions for submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2004-D021 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Ms. 
Robin Schulze, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.

[[Page 14573]]

    All comments received will be posted to https://
emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, (703) 602-0326.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule adds DFARS Subpart 207.5 to implement Section 804 
of the National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108-375). Section 804 adds 10 U.S.C. 2383, which places limitations 
on the award of contracts for performance of the acquisition functions 
closely associated with inherently governmental functions that are 
listed in section 7.503(d) of the Federal Acquisition Regulation.
    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 has prepared an initial regulatory flexibility analysis 
consistent with 5 U.S.C. 603. The analysis is summarized as follows: 
The objective of the rule is to ensure proper management and oversight 
of contracts for functions that generally are not considered to be 
inherently governmental, but may approach being in that category 
because of the nature of the function, the manner in which the 
contractor performs the contract, or the manner in which the Government 
administers contractor performance. The impact of the rule on small 
entities is unknown at this time. DoD agencies will implement the 
requirements of the rule in making decisions whether to enter into, and 
in the administration of, contracts for performance of the acquisition 
functions closely associated with inherently governmental functions 
that are listed in section 7.503(d) of the Federal Acquisition 
Regulation. 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 
2004-D021.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the 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.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to publish an 
interim rule prior to affording the public an opportunity to comment. 
This interim rule implements Section 804 of the National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375). Section 
804 provides that DoD may enter into contracts for the performance of 
acquisition functions closely associated with inherently governmental 
functions only if: (1) Appropriate DoD personnel cannot reasonably be 
made available to perform the functions; (2) appropriate DoD personnel 
will supervise contractor performance and will perform all associated 
inherently governmental functions; and (3) DoD addresses any potential 
organizational conflict of interest of the contractor in the 
performance of the contract. Section 804 became effective upon 
enactment on October 28, 2004. Comments received in response to this 
interim rule will be considered in the formation of the final rule.

List of Subjects in 48 CFR Part 207

    Government procurement.

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

0
Therefore, 48 CFR Part 207 is amended as follows:
0
1. The authority citation for 48 CFR Part 207 continues to read as 
follows:

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

PART 207--ACQUISITION PLANNING

0
2. Subpart 207.5 is added to read as follows:

Subpart 207.5--Inherently Governmental Functions

Sec.
207.500 Scope of subpart.
207.503 Policy.


207.500  Scope of subpart.

    This subpart also implements 10 U.S.C. 2383.


207.503  Policy.

    (S-70) Contracts for acquisition functions.
    (1) In accordance with 10 U.S.C. 2383, the head of an agency may 
enter into a contract for performance of the acquisition functions 
closely associated with inherently governmental functions that are 
listed at FAR 7.503(d) only if--
    (i) The contracting officer determines that appropriate military or 
civilian DoD personnel--
    (A) Cannot reasonably be made available to perform the functions;
    (B) Will supervise contractor performance of the contract; and
    (C) Will perform all inherently governmental functions associated 
with the functions to be performed under the contract; and
    (ii) The contracting officer ensures that the agency addresses any 
potential organizational conflict of interest of the contractor in the 
performance of the functions under the contract (see FAR Subpart 9.5).
    (2) See related information at PGI 207.503(S-70).

[FR Doc. 05-5629 Filed 3-22-05; 8:45 am]
BILLING CODE 5001-08-P

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