Defense Federal Acquisition Regulation Supplement; Peer Reviews of Contracts (DFARS Case 2008-D035), 37625-37626 [E9-17953]
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sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations
Docket No. 96–198 and CC Docket No.
92–105, DA 09–749, the Commission,
via the Consumer and Governmental
Affairs Bureau, sought comment on any
remaining compliance issues that
currently prevent traditional TRS
providers from reliably identifying the
appropriate PSAP to call when receiving
an emergency call via 711 and an
interconnected VoIP service. In
addition, the Commission sought
comment on: (1) The total number of
interconnected VoIP-originated 711 TRS
calls that are processed annually by
interconnected VoIP and traditional
TRS providers, and the proportion of
those calls that are of an emergency
nature; (2) the continuing need, from the
consumer’s perspective, to be able to
dial 711 via TRS in an emergency,
rather than dialing 911 directly; (3) any
impediments consumers have
encountered in attempting to dial 911
directly; (4) the effectiveness of
providers’ outreach efforts in educating
consumers about the importance of
dialing 911 directly in an emergency
when using a TTY and an
interconnected VoIP service; and (5) the
continuing use of TTYs by individuals
with hearing or speech disabilities and,
in particular, the use of TTYs with an
interconnected VoIP service.
7. On June 11, 2009, AT&T filed a
petition seeking an indefinite extension
of the waiver of § 64.604(a)(4), asserting
that traditional TRS providers ‘‘still
cannot determine the appropriate PSAP
to route a VoIP-originated 711
emergency call due to the inaccessibility
of registered location information.’’ See
Implementation of Sections 255 and 251
(a)(2) of the Communications Act of
1934, as Enacted by the
Telecommunications Act of 1996:
Access to Telecommunications Service,
Telecommunications Equipment and
Customer Premises Equipment by
Persons with Disabilities;
Telecommunications Relay Services and
Speech-to-Speech Service for
Individuals with Hearing and Speech
Disabilities, WC Docket No. 04–36, WT
Docket No. 96–198, CG Docket No. 03–
123 & CC Docket No. 92–105, Petition
for Extension of Wavier at 2 (filed June
11, 2009).
8. In this document, the Commission,
via the Consumer and Governmental
Affairs Bureau, extends until June 29,
2010, the current limited waiver of
§ 64.604(a)(4) of the Commission’s rules,
to the extent it applies to traditional
TRS providers’ obligation to
automatically and immediately route
the outbound leg of an interconnected
VoIP-originated emergency 711 call to
an appropriate PSAP. Notwithstanding
this action, the Commission notes that
VerDate Nov<24>2008
22:13 Jul 28, 2009
Jkt 217001
if a caller using a TTY connected to an
interconnected VoIP service calls a
PSAP directly as a 911-dialed
emergency call (as a text-to-text, or TTYto-TTY call), the 911-dialed call will be
routed automatically and immediately
through the selective router over the
wireline E911 network to the PSAP that
serves the caller’s Registered Location,
just as it would be for a hearing caller
via an interconnected VoIP service.
9. The record reflects that the
remaining technical and operational
challenges of compliance with this
requirement are formidable and that a
comprehensive resolution of these
issues will require significant, ongoing
collaboration among a variety of
industry stakeholders. At the same time,
the comments suggest that the
increasing popularity and availability of
Internet-based forms of TRS have
significantly reduced the number of
consumers with broadband Internet
access who communicate via a TTY and
an interconnected VoIP service, rather
than via an Internet-based form of TRS.
Moreover, the introduction of more
forward-looking solutions, such as the
‘‘real-time text’’ solution described in
the record, is likely to diminish further
the incidence of TTY use with an
interconnected VoIP service. Taken
together, these findings lead to the
conclusion that, while TTY use by
interconnected VoIP consumers may be
on the decline, there remain deaf and
hard of hearing consumers who
continue to rely on TTYs. Therefore,
while the Commission finds good cause
to extend for an additional year the
limited waiver previously granted to
traditional TRS providers, in light of the
continuing technical and operational
challenges described in the record, the
Commission declines to extend the
waiver indefinitely.
10. Finally, the Commission
concludes that, during the period of this
waiver, any traditional TRS provider
that cannot automatically and
immediately route to an appropriate
PSAP the outbound leg of an
interconnected VoIP-originated
emergency 711 call, as required by
§ 64.604(a)(4) of the Commission’s rules,
must maintain a system for doing so, to
the extent feasible, that accomplishes
the proper routing of emergency 711
calls as quickly and efficiently as
possible. This waiver is, therefore,
conditioned on continued compliance
with that requirement. Further, during
this period, TRS providers and
interconnected VoIP providers must
continue to undertake consumer
education and outreach designed to
remind individuals with hearing or
speech disabilities to dial 911 directly
PO 00000
Frm 00131
Fmt 4700
Sfmt 4700
37625
(as a text-to-text, TTY-to-TTY call) in an
emergency. The Commission also
expects TRS providers to continue their
collaboration with interconnected VoIP
providers and other industry
stakeholders in order to resolve any
remaining compliance issues associated
with the processing and routing of
interconnected VoIP-originated 711
emergency calls.
Ordering Clauses
Pursuant to Sections 1, 2, and 225 of
the Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, and 225,
and Sections 0.141, 0.361, and 1.3 of the
Commission’s rules, 47 CFR 0.141,
0.316 and 1.3, document DA 09–1461 is
adopted.
Section 64.604(a)(4) of the
Commission’s rules, 47 CFR
64.604(a)(4), to the extent that it
requires traditional TRS providers to
implement a system to automatically
and immediately call an appropriate
PSAP when receiving an emergency
711-dialed call via an interconnected
VoIP service, is waived until June 29,
2010.
Federal Communications Commission.
Suzanne M. Tetreault,
Acting Chief, Consumer and Governmental
Affairs Bureau.
[FR Doc. E9–18008 Filed 7–28–09; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 201, 207, 215, and 237
RIN 0750–AG28
Defense Federal Acquisition
Regulation Supplement; Peer Reviews
of Contracts (DFARS Case 2008–D035)
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to address requirements for
Peer Reviews of DoD solicitations and
contracts. Such reviews will promote
quality and consistency in DoD
contracting.
DATES: Effective Date: July 29, 2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Cassandra Freeman, Defense
Acquisition Regulations System, OUSD
(AT&L) DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
E:\FR\FM\29JYR1.SGM
29JYR1
37626
Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations
20301–3062. Telephone 703–602–8383;
facsimile 703–602–7887. Please cite
DFARS Case 2008–D035.
SUPPLEMENTARY INFORMATION:
A. Background
The objective of Peer Reviews of
solicitations and contracts is to ensure
consistent policy implementation, to
improve the quality of contracting
processes, and to facilitate cross-sharing
of best practices and lessons learned
throughout DoD. This final rule
specifies that the Office of the Director,
Defense Procurement and Acquisition
Policy, will organize teams of reviewers
and will facilitate Peer Reviews for all
solicitations valued at $1 billion or more
and for all contracts for services valued
at $1 billion or more. In addition, the
rule requires the military departments,
defense agencies, and DoD field
activities to establish procedures for
pre-award Peer Review of solicitations
valued at less than $1 billion, and postaward Peer Review of contracts for
services valued at less than $1 billion.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
This rule will not have a significant
cost or administrative impact on
contractors or offerors, or a significant
effect beyond the internal operating
procedures of DoD. Therefore,
publication for public comment under
41 U.S.C. 418b is not required.
However, DoD will consider comments
from small entities concerning the
affected DFARS subparts in accordance
with 5 U.S.C. 610. Such comments
should cite DFARS Case 2008–D035.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the rule does not
impose any 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 201,
207, 215, and 237
sroberts on DSKD5P82C1PROD with RULES
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR Parts 201, 207, 215,
and 237 are amended as follows:
■ 1. The authority citation for 48 CFR
Parts 201, 207, 215, and 237 continues
to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
VerDate Nov<24>2008
22:13 Jul 28, 2009
Jkt 217001
2. Section 201.170 is added to read as
follows:
■
201.170
Peer Reviews.
(a) Acquisitions valued at $1 billion or
more.
(1) The Office of the Director, Defense
Procurement and Acquisition Policy,
will organize teams of reviewers and
facilitate Peer Reviews for solicitations
and contracts valued at $1 billion or
more, as follows:
(i) Pre-award Peer Reviews will be
conducted for all solicitations valued at
$1 billion or more (including options).
(ii) Post-award Peer Reviews will be
conducted for all contracts for services
valued at $1 billion or more (including
options).
(iii) Reviews will be conducted using
the procedures at PGI 201.170.
(2) To facilitate planning for Peer
Reviews, the military departments,
defense agencies, and DoD field
activities shall provide a rolling annual
forecast of acquisitions with an
anticipated value of $1 billion or more
(including options) at the end of each
quarter (i.e., March 31; June 30;
September 30; December 31), to the
Deputy Director, Defense Procurement
and Acquisition Policy (Contract Policy
and International Contracting), 3060
Defense Pentagon, Washington, DC
20301–3060.
(b) Acquisitions valued at less than $1
billion. The military departments,
defense agencies, and DoD field
activities shall establish procedures
for—
(1) Pre-award Peer Reviews of
solicitations valued at less than $1
billion; and
(2) Post-award Peer Reviews of
contracts for services valued at less than
$1 billion.
PART 207—ACQUISITION PLANNING
3. Section 207.104 is added to read as
follows:
■
207.104
General procedures.
In developing an acquisition plan,
agency officials shall take into account
the requirement for scheduling and
conducting a Peer Review in accordance
with 201.170.
Government procurement.
■
PART 201—FEDERAL ACQUISITION
REGULATIONS SYSTEM
PART 215—CONTRACTING BY
NEGOTIATION
4. Section 215.270 is added to read as
follows:
■
215.270
Peer Reviews.
Agency officials shall conduct Peer
Reviews in accordance with 201.170.
PO 00000
Frm 00132
Fmt 4700
Sfmt 4700
PART 237—SERVICE CONTRACTING
5. Section 237.102 is amended by
adding paragraph (e) to read as follows:
■
237.102
Policy.
*
*
*
*
*
(e) Program officials shall obtain
assistance from contracting officials
through the Peer Review process at
201.170.
[FR Doc. E9–17953 Filed 7–28–09; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 202, 212, 225, and 252
RIN 0750–AF95
Defense Federal Acquisition
Regulation Supplement; Restriction on
Acquisition of Specialty Metals
(DFARS Case 2008–D003)
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to address statutory
restrictions on the acquisition of
specialty metals not melted or produced
in the United States. The rule
implements Section 842 of the National
Defense Authorization Act for Fiscal
Year 2007 and Sections 804 and 884 of
the National Defense Authorization Act
for Fiscal Year 2008.
DATES: Effective Date: July 29, 2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0328;
facsimile 703–602–7887. Please cite
DFARS Case 2008–D003.
SUPPLEMENTARY INFORMATION:
A. Background
Section 842 of the National Defense
Authorization Act for Fiscal Year 2007
(Pub. L. 109–364) added new provisions
at 10 U.S.C. 2533b, to address
requirements for the purchase of
specialty metals from domestic sources.
Section 804 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181) made amendments to
10 U.S.C. 2533b with regard to its
applicability to commercial items,
E:\FR\FM\29JYR1.SGM
29JYR1
]]>Agencies
[Federal Register Volume 74, Number 144 (Wednesday, July 29, 2009)]
[Rules and Regulations]
[Pages 37625-37626]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17953]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 201, 207, 215, and 237
RIN 0750-AG28
Defense Federal Acquisition Regulation Supplement; Peer Reviews
of Contracts (DFARS Case 2008-D035)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to address requirements for
Peer Reviews of DoD solicitations and contracts. Such reviews will
promote quality and consistency in DoD contracting.
DATES: Effective Date: July 29, 2009.
FOR FURTHER INFORMATION CONTACT: Ms. Cassandra Freeman, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139,
3062 Defense Pentagon, Washington, DC
[[Page 37626]]
20301-3062. Telephone 703-602-8383; facsimile 703-602-7887. Please cite
DFARS Case 2008-D035.
SUPPLEMENTARY INFORMATION:
A. Background
The objective of Peer Reviews of solicitations and contracts is to
ensure consistent policy implementation, to improve the quality of
contracting processes, and to facilitate cross-sharing of best
practices and lessons learned throughout DoD. This final rule specifies
that the Office of the Director, Defense Procurement and Acquisition
Policy, will organize teams of reviewers and will facilitate Peer
Reviews for all solicitations valued at $1 billion or more and for all
contracts for services valued at $1 billion or more. In addition, the
rule requires the military departments, defense agencies, and DoD field
activities to establish procedures for pre-award Peer Review of
solicitations valued at less than $1 billion, and post-award Peer
Review of contracts for services valued at less than $1 billion.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This rule will not have a significant cost or administrative impact
on contractors or offerors, or a significant effect beyond the internal
operating procedures of DoD. Therefore, publication for public comment
under 41 U.S.C. 418b is not required. However, DoD will consider
comments from small entities concerning the affected DFARS subparts in
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case
2008-D035.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any 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 201, 207, 215, and 237
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR Parts 201, 207, 215, and 237 are amended as follows:
0
1. The authority citation for 48 CFR Parts 201, 207, 215, and 237
continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
2. Section 201.170 is added to read as follows:
201.170 Peer Reviews.
(a) Acquisitions valued at $1 billion or more.
(1) The Office of the Director, Defense Procurement and Acquisition
Policy, will organize teams of reviewers and facilitate Peer Reviews
for solicitations and contracts valued at $1 billion or more, as
follows:
(i) Pre-award Peer Reviews will be conducted for all solicitations
valued at $1 billion or more (including options).
(ii) Post-award Peer Reviews will be conducted for all contracts
for services valued at $1 billion or more (including options).
(iii) Reviews will be conducted using the procedures at PGI
201.170.
(2) To facilitate planning for Peer Reviews, the military
departments, defense agencies, and DoD field activities shall provide a
rolling annual forecast of acquisitions with an anticipated value of $1
billion or more (including options) at the end of each quarter (i.e.,
March 31; June 30; September 30; December 31), to the Deputy Director,
Defense Procurement and Acquisition Policy (Contract Policy and
International Contracting), 3060 Defense Pentagon, Washington, DC
20301-3060.
(b) Acquisitions valued at less than $1 billion. The military
departments, defense agencies, and DoD field activities shall establish
procedures for--
(1) Pre-award Peer Reviews of solicitations valued at less than $1
billion; and
(2) Post-award Peer Reviews of contracts for services valued at
less than $1 billion.
PART 207--ACQUISITION PLANNING
0
3. Section 207.104 is added to read as follows:
207.104 General procedures.
In developing an acquisition plan, agency officials shall take into
account the requirement for scheduling and conducting a Peer Review in
accordance with 201.170.
PART 215--CONTRACTING BY NEGOTIATION
0
4. Section 215.270 is added to read as follows:
215.270 Peer Reviews.
Agency officials shall conduct Peer Reviews in accordance with
201.170.
PART 237--SERVICE CONTRACTING
0
5. Section 237.102 is amended by adding paragraph (e) to read as
follows:
237.102 Policy.
* * * * *
(e) Program officials shall obtain assistance from contracting
officials through the Peer Review process at 201.170.
[FR Doc. E9-17953 Filed 7-28-09; 8:45 am]
BILLING CODE 5001-08-P
