Federal Acquisition Regulation; Definition of Information Technology, 43577-43578 [05-14666]

Download as PDF Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations Dated: July 20, 2005. Julia B. Wise, Director, Contract Policy Division. Federal Acquisition Circular Federal Acquisition Circular (FAC) 2005-05 is issued under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator for the National Aeronautics and Space Administration. Unless otherwise specified, all Federal Acquisition Regulation (FAR) and other directive material contained in FAC 2005-05 is effective August 26, 2005, except for Items I, II, IV, and VI which are effective July 27, 2005. Dated: July 15, 2005. Deidre A. Lee, Director, Defense Procurement and Acquisition Policy. Dated: July 19, 2005. Patricia A. Brooks, Acting Senior Procurement Executive, Office of the Chief Acquisition Officer, General Services Administration. Dated: July 14, 2005. Tom Luedtke, Assistant Administrator for Procurement, National Aeronautics and Space Administration. [FR Doc. 05–14665 Filed 7–26–05; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 2 [FAC 2005–05; FAR Case 2004–030; Item I] RIN 9000–AK21 Federal Acquisition Regulation; Definition of Information Technology Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Interim rule with request for comments. AGENCIES: SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to revise the definition of ‘‘information technology’’ to reflect the changes to the definition resulting from the enactment of Public Law 108– VerDate jul<14>2003 16:07 Jul 26, 2005 Jkt 205001 199, Consolidated Appropriations Act, 2004. The new language at Section 535(b) of Division F of Public Law 108– 199 permanently revises the term ‘‘information technology,’’ which is defined at 40 U.S.C. 11101(6), to add ‘‘analysis’’ and ‘‘evaluation’’ and to clarify the term ‘‘ancillary equipment.’’ DATES: Effective Date: July 27, 2005. Comment Date: Interested parties should submit comments to the FAR Secretariat at the address shown below on or before September 26, 2005 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAC 2005–05, FAR case 2004–030, by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. • Agency Web Site: https:// www.acqnet.gov/far/ProposedRules/ proposed.htm. Click on the FAR case number to submit comments. • E-mail: farcase.2004–030@gsa.gov. Include FAC 2005–05, FAR case 2004– 030, in the subject line of the message. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann Duarte, Washington, DC 20405. Instructions: Please submit comments only and cite FAC 2005–05, FAR case 2004–030, in all correspondence related to this case. All comments received will be posted without change to https:// www.acqnet.gov/far/ProposedRules/ proposed.htm, including any personal information provided. FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501–4755, for information pertaining to status or publication schedules. For clarification of content, contact Ms. Cecelia L. Davis, Procurement Analyst, at (202) 219– 0202, or Mr. Bill Sain, Procurement Analyst, at (703) 602–0293. Please cite FAC 2005–05, FAR case 2004–030. SUPPLEMENTARY INFORMATION: A. Background This interim rule implements the changes to the FAR definition of ‘‘information technology’’ resulting from the enactment of Section 535(b), Division F, of Public Law 108–199, Consolidated Appropriations Act, 2004. The public law was effective January 23, 2004. The rule modifies the definition of ‘‘information technology’’ at FAR 2.101(b) to include ‘‘analysis’’ and ‘‘evaluation.’’ The rule also modifies the term ‘‘information technology’’ to include peripheral equipment designed PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 43577 to be controlled by the central processing unit of a computer, and clarifies the term ‘‘ancillary equipment’’ to include imaging peripherals, input, output, and storage devices necessary for security and surveillance. 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 under5 U.S.C. 804. B. Regulatory Flexibility Act The interim rule is not expected 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 the interim rule revises the definition of information technology resulting from the enactment of Public Law 108–199, Consolidated Appropriation Act 2004. This is a minor technical change to the definition. Therefore, an Initial Regulatory Flexibility Analysis has not been performed. However, the Councils will consider comments from small entities concerning the affected FAR Part 2 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 2005–05, FAR case 2004– 030), in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes to the FAR do not impose 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 (DoD), the Administrator of General Services (GSA), and the Administrator of the National Aeronautics and Space Administration (NASA) that urgent and compelling reasons exist to promulgate this interim rule without prior opportunity for public comment. This action is necessary to implement the changes resulting from the enactment of Section 535(b), Division F, of Public Law 108–199, Consolidated Appropriations Act, 2004, that were effective January 23, 2004. However, pursuant to Public Law 98–577 and FAR 1.501, the Councils will consider public comments received in response to this interim rule in the formation of the final rule. E:\FR\FM\27JYR3.SGM 27JYR3 43578 Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations List of Subjects in 48 CFR Part 2 Government procurement. ACTION: Dated: July 20, 2005. Julia B. Wise, Director, Contract Policy Division. Therefore, DoD, GSA, and NASA amend 48 CFR part 2 as set forth below: I PART 2—DEFINITIONS OF WORDS AND TERMS 1. The authority citation for 48 CFR part 2 is revised to read as follows: I 2. In section 2.101, amend paragraph (b), in the definition ‘‘Information technology,’’ by adding the words ‘‘analysis, evaluation,’’ after the word ‘‘storage,’’ revising paragraph (2) of the definition; and in paragraph (3)(ii), adding ‘‘analysis, evaluation,’’ after the word ‘‘storage,’’. The revised text reads as follows: I Definitions. * * * * * (b) * * * Information technology * * * (1) * * * (2) The term ‘‘information technology’’ includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources. * * * * * [FR Doc. 05–14666 Filed 7–26–05; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 8 [FAC 2005–05; FAR Case 2005–004; Item II] RIN 9000–AK23 Federal Acquisition Regulation; Documentation Requirement for Limited Sources Under Federal Supply Schedules Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). AGENCIES: VerDate jul<14>2003 18:07 Jul 26, 2005 Jkt 205001 SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to make editorial and restructuring changes to clarify the procedures when an ordering activity limits consideration of schedule contractors. DATES: Effective Date: July 27, 2005. The FAR Secretariat at (202) 501–4755 for information pertaining to status or publication schedules. For clarification of content, contact Ms. Linda Nelson, Procurement Analyst, at (202) 501– 1900. Please cite FAC 2005–05, FAR case 2005–004. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). 2.101 Final rule. A. Background On June 18, 2004, DoD, GSA, and NASA published FAR case 1999–603 (69 FR 34231) amending the FAR to incorporate ordering procedures for orders against Federal Supply Schedules (FSS), including the documentation requirements for justifying sole source orders. The rule inadvertently established these justification and approval requirements for sole source orders instead of when an ordering activity restricts consideration of schedule contractors to less than the required number. This rule corrects that oversight. The final rule also based the content of the documentation requirements on that in FAR 6.303–2. By doing so, the rule established some unintentional and inapplicable content requirements, especially for orders under the simplified acquisition threshold (SAT). This rule corrects those unintended changes by establishing the standard for justifying restricted orders under the SAT and accurately specifying the justification content for restricted orders above the SAT. The Councils agreed that the changes made did not substantively change the intent of the subpart but are merely a clarification and, therefore, publication for public comment is not required. 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 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 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 Part 8 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 2005–05, FAR case 2005– 004), in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes to the FAR do not impose 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 Part 8 Government procurement. Dated: July 20. 2005. Julia B. Wise, Director, Contract Policy Division. Therefore, DoD, GSA, and NASA amend 48 CFR part 8 as set forth below: I PART 8—REQUIRED SOURCES OF SUPPLIES AND SERVICES 1. The authority citation for 48 CFR part 8 is revised to read as follows: I Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). 2. Amend section 8.401 by revising the definition ‘‘Multiple Award Schedule (MAS’’) to read as follows: I 8.401 Definitions. * * * * * Multiple Award Schedule (MAS) means contracts awarded by GSA or the Department of Veterans Affairs (VA) for similar or comparable supplies, or services, established with more than one supplier, at varying prices. The primary statutory authorities for the MAS program are Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.) and Title 40 U.S.C. 501, Services for Executive Agencies. * * * * * I 3. Amend section 8.405–1 in the second sentence of the introductory text of paragraph (c) by adding ‘‘at least three schedule contractors through’’ after the word ‘‘surveying’’; and adding paragraph (e) to read as follows: 8.405–1 Ordering procedures for supplies, and services not requiring a statement of work. * * * * * (e) Minimum documentation. The ordering activity shall document— E:\FR\FM\27JYR3.SGM 27JYR3

Agencies

[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Rules and Regulations]
[Pages 43577-43578]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14666]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 2

[FAC 2005-05; FAR Case 2004-030; Item I]
RIN 9000-AK21


Federal Acquisition Regulation; Definition of Information 
Technology

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

ACTION: Interim rule with request for comments.

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

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on an interim 
rule amending the Federal Acquisition Regulation (FAR) to revise the 
definition of ``information technology'' to reflect the changes to the 
definition resulting from the enactment of Public Law 108-199, 
Consolidated Appropriations Act, 2004. The new language at Section 
535(b) of Division F of Public Law 108-199 permanently revises the term 
``information technology,'' which is defined at 40 U.S.C. 11101(6), to 
add ``analysis'' and ``evaluation'' and to clarify the term ``ancillary 
equipment.''

DATES: Effective Date: July 27, 2005.
    Comment Date: Interested parties should submit comments to the FAR 
Secretariat at the address shown below on or before September 26, 2005 
to be considered in the formulation of a final rule.

ADDRESSES: Submit comments identified by FAC 2005-05, FAR case 2004-
030, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Agency Web Site: https://www.acqnet.gov/far/ProposedRules/
proposed.htm. Click on the FAR case number to submit comments.
     E-mail: farcase.2004-030@gsa.gov. Include FAC 2005-05, FAR 
case 2004-030, in the subject line of the message.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann 
Duarte, Washington, DC 20405.
    Instructions: Please submit comments only and cite FAC 2005-05, FAR 
case 2004-030, in all correspondence related to this case. All comments 
received will be posted without change to https://www.acqnet.gov/far/
ProposedRules/proposed.htm, including any personal information 
provided.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755, 
for information pertaining to status or publication schedules. For 
clarification of content, contact Ms. Cecelia L. Davis, Procurement 
Analyst, at (202) 219-0202, or Mr. Bill Sain, Procurement Analyst, at 
(703) 602-0293. Please cite FAC 2005-05, FAR case 2004-030.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule implements the changes to the FAR definition of 
``information technology'' resulting from the enactment of Section 
535(b), Division F, of Public Law 108-199, Consolidated Appropriations 
Act, 2004. The public law was effective January 23, 2004. The rule 
modifies the definition of ``information technology'' at FAR 2.101(b) 
to include ``analysis'' and ``evaluation.'' The rule also modifies the 
term ``information technology'' to include peripheral equipment 
designed to be controlled by the central processing unit of a computer, 
and clarifies the term ``ancillary equipment'' to include imaging 
peripherals, input, output, and storage devices necessary for security 
and surveillance.
    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 under5 U.S.C. 804.

B. Regulatory Flexibility Act

    The interim rule is not expected 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 the 
interim rule revises the definition of information technology resulting 
from the enactment of Public Law 108-199, Consolidated Appropriation 
Act 2004. This is a minor technical change to the definition. 
Therefore, an Initial Regulatory Flexibility Analysis has not been 
performed. However, the Councils will consider comments from small 
entities concerning the affected FAR Part 2 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 2005-05, FAR case 2004-030), in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose 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 (DoD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This action 
is necessary to implement the changes resulting from the enactment of 
Section 535(b), Division F, of Public Law 108-199, Consolidated 
Appropriations Act, 2004, that were effective January 23, 2004. 
However, pursuant to Public Law 98-577 and FAR 1.501, the Councils will 
consider public comments received in response to this interim rule in 
the formation of the final rule.

[[Page 43578]]

List of Subjects in 48 CFR Part 2

    Government procurement.

    Dated: July 20, 2005.
Julia B. Wise,
Director, Contract Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR part 2 as set forth below:

PART 2--DEFINITIONS OF WORDS AND TERMS

0
1. The authority citation for 48 CFR part 2 is revised to read as 
follows:

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

0
2. In section 2.101, amend paragraph (b), in the definition 
``Information technology,'' by adding the words ``analysis, 
evaluation,'' after the word ``storage,'' revising paragraph (2) of the 
definition; and in paragraph (3)(ii), adding ``analysis, evaluation,'' 
after the word ``storage,''. The revised text reads as follows:


2.101  Definitions.

* * * * *
    (b) * * *
    Information technology * * *
    (1) * * *
    (2) The term ``information technology'' includes computers, 
ancillary equipment (including imaging peripherals, input, output, and 
storage devices necessary for security and surveillance), peripheral 
equipment designed to be controlled by the central processing unit of a 
computer, software, firmware and similar procedures, services 
(including support services), and related resources.
* * * * *
[FR Doc. 05-14666 Filed 7-26-05; 8:45 am]
BILLING CODE 6820-EP-S

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.