Federal Acquisition Regulation; FAR Case 2006-015, Federal Computer Network (FACNET) Architecture, 63075-63076 [07-5479]

Download as PDF Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Rules and Regulations (End of clause) 52.227–21 Technical Data Declaration, Revision, and Withholding of Payment— Major Systems. As prescribed in 27.409(j), insert the following clause: TECHNICAL DATA DECLARATION, REVISION, AND WITHHOLDING OF PAYMENT—MAJOR SYSTEMS (DEC 2007) (a) Scope of declaration. The Contractor shall provide, in accordance with 41 U.S.C. 418a (d)(7), the following declaration with respect to all technical data that relate to a major system and that are delivered or required to be delivered under this contract or that are delivered within 3 years after acceptance of all items (other than technical data) delivered under this contract unless a different period is set forth in the contract. The Contracting Officer may release the Contractor from all or part of the requirements of this clause for specifically identified technical data items at any time during the period covered by this clause. (b) Technical data declaration. (1) All technical data that are subject to this clause shall be accompanied by the following declaration upon delivery: mstockstill on PROD1PC66 with RULES3 Technical Data Declaration (Jan 1997) The Contractor, llllllll, hereby declares that, to the best of its knowledge and belief, the technical data delivered herewith under Government contract No. llllllll (and subcontract llllllll, if appropriate) are complete, accurate, and comply with the requirements of the contract concerning such technical data. (End of declaration) (2) The Government may, at any time during the period covered by this clause, direct correction of any deficiencies that are not in compliance with contract requirements. The corrections shall be made at the expense of the Contractor. Unauthorized markings on data shall not be considered a deficiency for the purpose of this clause, but will be treated in accordance with paragraph (e) of the Rights in Data— General clause included in this contract. (c) Technical data revision. The Contractor also shall, at the request of the Contracting Officer, revise technical data that are subject to this clause to reflect engineering design changes made during the performance of this contract and affecting the form, fit, and function of any item (other than technical data) delivered under this contract. The Contractor may submit a request for an equitable adjustment to the terms and conditions of this contract for any revisions to technical data made pursuant to this paragraph. (d) Withholding of payment. (1) At any time before final payment under this contract the Contracting Officer may withhold payment as a reserve up to an amount not exceeding $100,000 or 5 percent of the amount of this contract, whichever is less, if the Contractor fails to— (i) Make timely delivery of the technical data; (ii) Provide the declaration required by paragraph (b)(1) of this clause; VerDate Aug<31>2005 18:14 Nov 06, 2007 Jkt 214001 (iii) Make the corrections required by paragraph (b)(2) of this clause; or (iv) Make revisions requested under paragraph (c) of this clause. (2) The Contracting Officer may withhold the reserve until the Contractor has complied with the direction or requests of the Contracting Officer or determines that the deficiencies relating to delivered data, arose out of causes beyond the control of the Contractor and without the fault or negligence of the Contractor. (3) The withholding of any reserve under this clause, or the subsequent payment of the reserve, shall not be construed as a waiver of any Government rights. (End of clause) 52.227–22 [Amended] 26. Amend section 52.227–22 by removing from the introductory paragraph ‘‘27.409(r)’’ and adding ‘‘ 27.409(k)’’ in its place. I 52.227–23 [Amended] 27. Amend section 52.227–23 by removing from the introductory paragraph ‘‘27.409(s)’’ and adding ‘‘27.409(l)’’ in its place. I [FR Doc. 07–5475 Filed 11–6–07; 8:45 am] BILLING CODE 6820–EP–S 63075 Please cite FAC 2005–21, FAR case 2006–015. SUPPLEMENTARY INFORMATION: A. Background The Councils published a proposed rule with request for comments in the Federal Register at 72 FR 4675 on February 1, 2007, to amend the FAR to remove FACNET references and provide the opportunity to recognize the evolution of alternative technologies and processes, etc., that Federal agencies are using and will use to satisfy their acquisition needs without removing the use of FACNET for Federal agencies that may use the system. The comment period closed April 2, 2007. No public comments were received on the rule. The Councils have agreed to adopt the proposed rule as final without change. 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 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 2, 4, 5, and 13 [FAC 2005–21; FAR Case 2006–015; Item IV; Docket 2007–0001; Sequence 10] RIN 9000–AK68 Federal Acquisition Regulation; FAR Case 2006–015, Federal Computer Network (FACNET) Architecture AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. 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 delete references to FACNET. DATES: Effective Date: December 7, 2007 FOR FURTHER INFORMATION CONTACT Mr. Ernest Woodson, Procurement Analyst, at (202) 501–3775 for clarification of content. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 DoD, GSA, and NASA certify that this final rule will not 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 rule addresses the deletion of a term used to describe a system for the electronic data interchange of acquisition information between the private sector and the Federal Government without removing the use of the system. The rule does not present new requirements that impose a burden on contractors. No comments were received with regard to an impact on small business. 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 Parts 2, 4, 5, and 13. Government procurement. Dated: October 31, 2007. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 5, and 13 as set forth below: I E:\FR\FM\07NOR3.SGM 07NOR3 63076 Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Rules and Regulations 1. The authority citation for 48 CFR parts 2, 4, 5, and 13 continues to read as follows: PART 13—SIMPLIFIED ACQUISITION PROCEDURES Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). I I 13.104 PART 2—DEFINITIONS OF WORDS AND TERMS 2.101 [Amended] 8. Amend section 13.104 by removing from paragraph (b) the words ‘‘using either FACNET or’’. I 9. Amend section 13.105 by revising paragraph (a) to read as follows: [Amended] 13.105 Synopsis and posting requirements. 2. Amend section 2.101(b)(2) by removing the definition ‘‘Federal Acquisition Computer (Network FACNET) Architecture.’’ I 3. Amend section 4.502 by revising paragraph (b)(2) to read as follows: (a) The contracting officer must comply with the public display and synopsis requirements of 5.101 and 5.203 unless an exception in 5.202 applies. * * * * * I 10. Amend section 13.106–1 by revising paragraph (f) to read as follows: 4.502 13.106–1 PART 4—ADMINISTRATIVE MATTERS I Policy. * * * * * (b) * * * (2) Are implemented only after considering the full or partial use of existing infrastructures; * * * * * PART 5—PUBLICIZING CONTRACT ACTIONS 13.106–2 5.101 * * * * (f) Inquiries. An agency should respond to inquiries received through any medium (including electronic commerce) if doing so would not interfere with the efficient conduct of the acquisition. [Amended] 4. Amend section 5.101 by removing from paragraph (a)(2)(ii) the words ‘‘or Federal Acquisition Computer Network (FACNET)’’. I 5. Amend section 5.102 by revising paragraph (a)(3) to read as follows: 5.102 General. Jkt 214001 BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION [FAC 2005–21; FAR Case 2001–004; Item V; Docket 2007–0001, Sequence 6] RIN 9000–AK82 7. Amend section 5.203 in paragraph (b) by removing the words ‘‘via FACNET or for which’’ and adding the word ‘‘where’’ in its place. 18:14 Nov 06, 2007 [FR Doc. 07–5479 Filed 11–6–07; 8:45 am] 48 CFR Parts 4, 15, 17, 22, and 52 [Amended] VerDate Aug<31>2005 [Amended] 13. Amend section 13.307 by removing from paragraph (b)(1) ‘‘via FACNET,’’ and the comma after ‘‘electronically’’. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION * * * * (b) * * * (2) When transmitting notices using electronic commerce, contracting officers must ensure the notice is forwarded to the GPE. * * * * * I [Amended] 12. Amend section 13.106–3 by removing from paragraph (c) the words ‘‘FACNET or’’. I I * 5.203 13.106–3 13.307 Availability of solicitations. (a) * * * (3) The contracting officer must ensure that solicitations transmitted using electronic commerce are forwarded to the GPE to satisfy the requirements of paragraph (a)(1) of this section. * * * * * I 6. Amend section 5.201 by revising paragraph (b)(2) to read as follows: 5.201 [Amended] 11. Amend section 13.106–2 by removing from paragraph (b)(4) introductory text the words ‘‘FACNET or’’. I I mstockstill on PROD1PC66 with RULES3 Soliciting competition. * Federal Acquisition Regulation; FAR Case 2001–004, Exemption of Certain Service Contracts from the Service Contract Act (SCA) AGENCIES: Department of Defense (DoD), General Services Administration (GSA), PO 00000 Frm 00052 Fmt 4701 Sfmt 4700 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 current SCA exemption and to add a SCA exemption for contracts for certain additional services that meet specific criteria. DATES: Effective Date: November 7, 2007. Comment Date: Interested parties should submit written comments to the FAR Secretariat on or before January 7, 2008 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAC 2005–21, FAR case 2001–004, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. To search for any document, first select under ‘‘Step 1,’’ ‘‘Documents with an Open Comment Period’’ and select under ‘‘Optional Step 2,’’ ‘‘Federal Acquisition Regulation’’ as the agency of choice. Under ‘‘Optional Step 3,’’ select ‘‘Rules’’. Under ‘‘Optional Step 4,’’ from the drop down list, select ‘‘Document Title’’ and type the FAR case number ‘‘2001–004’’. Click the ‘‘Submit’’ button. Please include your name and company name (if any) inside the document. You may also search for any document by clicking on the ‘‘Search for Documents’’ tab at the top of the screen. Select from the agency field ‘‘Federal Acquisition Regulation’’, and type ‘‘2001–004’’ in the ‘‘Document Title’’ field. Select the ‘‘Submit’’ button. • 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 2005–21, FAR case 2001–004, in all correspondence related to this case. All comments received will be posted without change to http:// www.regulations.gov. Please include your name and company name (if any) inside the document. FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement Analyst, at (202) 501–3775 for clarification of content. Please cite FAC 2005–21, FAR case 2001–004. For information pertaining to status or publication E:\FR\FM\07NOR3.SGM 07NOR3

Agencies

[Federal Register Volume 72, Number 215 (Wednesday, November 7, 2007)]
[Rules and Regulations]
[Pages 63075-63076]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5479]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 5, and 13

[FAC 2005-21; FAR Case 2006-015; Item IV; Docket 2007-0001; Sequence 
10]
RIN 9000-AK68


Federal Acquisition Regulation; FAR Case 2006-015, Federal 
Computer Network (FACNET) Architecture

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

ACTION: Final rule.

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

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 delete references 
to FACNET.

DATES: Effective Date: December 7, 2007

FOR FURTHER INFORMATION CONTACT Mr. Ernest Woodson, Procurement 
Analyst, at (202) 501-3775 for clarification of content. For 
information pertaining to status or publication schedules, contact the 
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-21, FAR case 
2006-015.

SUPPLEMENTARY INFORMATION:

A. Background

    The Councils published a proposed rule with request for comments in 
the Federal Register at 72 FR 4675 on February 1, 2007, to amend the 
FAR to remove FACNET references and provide the opportunity to 
recognize the evolution of alternative technologies and processes, 
etc., that Federal agencies are using and will use to satisfy their 
acquisition needs without removing the use of FACNET for Federal 
agencies that may use the system. The comment period closed April 2, 
2007. No public comments were received on the rule. The Councils have 
agreed to adopt the proposed rule as final without change.
    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

    DoD, GSA, and NASA certify that this final rule will not 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 rule addresses the deletion of a term used to 
describe a system for the electronic data interchange of acquisition 
information between the private sector and the Federal Government 
without removing the use of the system. The rule does not present new 
requirements that impose a burden on contractors. No comments were 
received with regard to an impact on small business.

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 Parts 2, 4, 5, and 13.

    Government procurement.

    Dated: October 31, 2007.
Al Matera,
Director, Office of Acquisition Policy.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 5, and 13 as set 
forth below:

[[Page 63076]]

0
1. The authority citation for 48 CFR parts 2, 4, 5, and 13 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).

PART 2--DEFINITIONS OF WORDS AND TERMS


2.101   [Amended]

0
2. Amend section 2.101(b)(2) by removing the definition ``Federal 
Acquisition Computer (Network FACNET) Architecture.''

PART 4--ADMINISTRATIVE MATTERS

0
3. Amend section 4.502 by revising paragraph (b)(2) to read as follows:


4.502   Policy.

* * * * *
    (b) * * *
    (2) Are implemented only after considering the full or partial use 
of existing infrastructures;
* * * * *

PART 5--PUBLICIZING CONTRACT ACTIONS


5.101   [Amended]

0
4. Amend section 5.101 by removing from paragraph (a)(2)(ii) the words 
``or Federal Acquisition Computer Network (FACNET)''.
0
5. Amend section 5.102 by revising paragraph (a)(3) to read as follows:


5.102   Availability of solicitations.

    (a) * * *
    (3) The contracting officer must ensure that solicitations 
transmitted using electronic commerce are forwarded to the GPE to 
satisfy the requirements of paragraph (a)(1) of this section.
* * * * *
0
6. Amend section 5.201 by revising paragraph (b)(2) to read as follows:


5.201   General.

* * * * *
    (b) * * *
    (2) When transmitting notices using electronic commerce, 
contracting officers must ensure the notice is forwarded to the GPE.
* * * * *


5.203   [Amended]

0
7. Amend section 5.203 in paragraph (b) by removing the words ``via 
FACNET or for which'' and adding the word ``where'' in its place.

PART 13--SIMPLIFIED ACQUISITION PROCEDURES


13.104   [Amended]

0
8. Amend section 13.104 by removing from paragraph (b) the words 
``using either FACNET or''.
0
9. Amend section 13.105 by revising paragraph (a) to read as follows:


13.105   Synopsis and posting requirements.

    (a) The contracting officer must comply with the public display and 
synopsis requirements of 5.101 and 5.203 unless an exception in 5.202 
applies.
* * * * *
0
10. Amend section 13.106-1 by revising paragraph (f) to read as 
follows:


13.106-1   Soliciting competition.

* * * * *
    (f) Inquiries. An agency should respond to inquiries received 
through any medium (including electronic commerce) if doing so would 
not interfere with the efficient conduct of the acquisition.


13.106-2  [Amended]

0
11. Amend section 13.106-2 by removing from paragraph (b)(4) 
introductory text the words ``FACNET or''.


13.106-3  [Amended]

0
12. Amend section 13.106-3 by removing from paragraph (c) the words 
``FACNET or''.


13.307  [Amended]

0
13. Amend section 13.307 by removing from paragraph (b)(1) ``via 
FACNET,'' and the comma after ``electronically''.
[FR Doc. 07-5479 Filed 11-6-07; 8:45 am]
BILLING CODE 6820-EP-S