Defense Federal Acquisition Regulation Supplement: Requirements for Acquisitions Pursuant to Multiple Award Contracts (DFARS Case 2012-D047), 38234-38235 [2013-15270]
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Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Rules and Regulations
(b) In addition to the information and
certifications in paragraph (a) of this
section:
(1) Any recipient of incremental Connect
America Phase I support pursuant to
§ 54.312(b) and (c) shall provide:
(i) In its next annual report due after two
years after filing a notice of acceptance of
funding pursuant to § 54.312(b) and (c), a
certification that the company has deployed
to no fewer than two-thirds of the required
number of locations; and
(ii) In its next annual report due after three
years after filing a notice of acceptance of
funding pursuant to § 54.312(b) and (c), a
certification that the company has deployed
to all required locations and that it is offering
broadband service of at least 4 Mbps
downstream and 1 Mbps upstream, with
latency sufficiently low to enable the use of
real-time communications, including Voice
over Internet Protocol, and with usage
allowances, if any, associated with a
specified price for a service offering that are
reasonably comparable to comparable
offerings in urban areas.
(2) In addition to the information and
certifications required in paragraph (b)(1) of
this section, any recipient of incremental
Connect America Phase I support pursuant to
§ 54.312(c) shall provide:
(i) In its annual reports due after one, two,
and three years after filing a notice of
acceptance of funding pursuant to
§ 54.312(c), a certification that, to the best of
the recipient’s knowledge, the locations in
question are not receiving support under the
Broadband Initiatives Program or the
Broadband Technology Opportunities
Program for projects that will provide
broadband with speeds of at least 4 Mbps/1
Mbps; and
(ii) In its annual reports due after one, two,
and three years after filing a notice of
acceptance of funding pursuant to
§ 54.312(c), a statement of the total amount
of capital funding expended in the previous
year in meeting Connect America Phase I
deployment obligations, accompanied by a
list of census blocks indicating where
funding was spent.
*
*
*
*
*
[FR Doc. 2013–15297 Filed 6–25–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 208, 216, and 247
mstockstill on DSK4VPTVN1PROD with RULES
RIN 0750–AH91
Defense Federal Acquisition
Regulation Supplement: Requirements
for Acquisitions Pursuant to Multiple
Award Contracts (DFARS Case 2012–
D047)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
VerDate Mar<15>2010
17:05 Jun 25, 2013
Jkt 229001
ACTION:
Final rule.
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement section 863 of
the National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2009 (Pub.
L. 110–417). Section 863(f) repeals
redundant provisions of section 803 of
the NDAA for FY 2001, which was
implemented by a previous DFARS
case, 2001–D017.
DATES: Effective Date: June 26, 2013.
FOR FURTHER INFORMATION CONTACT: Mr.
Fernell Warren, telephone 571–372–
6089.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
On October 25, 2002, a final DFARS
rule was published (67 FR 65505) which
implemented section 803 of the NDAA
for FY 2002 (Pub. L. 107–107; 10 U.S.C.
2304 note). The purpose of section 803
was to achieve savings in expenditures
through the use of competition in the
purchase of services pursuant to
multiple award contracts.
Increasing savings in expenditures
through competition is a continuing
goal of the Federal Government, and as
such, section 863 of the NDAA for FY
2009 required that the Federal
Acquisition Regulation (FAR) be
amended to require enhanced
competition in the purchase of property
and services by all executive agencies
pursuant to multiple-award contracts.
Final publication of FAR Case 2007–012
(March 2, 2012), Requirements for
Acquisitions Pursuant to MultipleAward Contracts, satisfied this
requirement of section 863.
The statute also repeals section 803 of
the NDAA for FY2002 as a redundant
provision. As such, this final rule
reconciles and removes from the DFARS
all obsolete references to section 803 of
the NDAA for FY2002 (Pub. L. 107–107;
10 U.S.C. 2304 note) now implemented
in the FAR.
This final rule makes the following
changes:
• Modify 208.404(a)(i) to delete the
reference to 208.405–70(c)(2) which is
redundant, and to change $150,000 to
the simplified acquisition threshold to
reconcile with the FAR.
• Relocate the reference to the
provisions prescribed at 215.371–6 and
215.408(4) from 208.405–70(d) to
208.404 in order to retain the cross
reference to the provisions that remain
applicable.
• Delete 208.405–70 because it is
redundant with FAR 8.405. Competitive
requirements when using Federal
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
Supply Schedules are now fully
implemented in the FAR.
• Modify 208.7400(d) to delete an
obsolete reference to 208.405–70.
• Renumber 216.501 to 216.501–2–70
to reconcile with FAR using the correct
numbering convention.
• Delete 216.501–1. Only ‘‘Multipleaward contract’’ was defined and it was
only used in 216.505–70 which is also
deleted in this rule.
• Renumber 216.501–2(a) to 216.501–
2–70(b) to reconcile with FAR.
• Delete 216.505–70(a), (b), (c), (d)(1),
(2), (4), and (5) which are redundant.
Competitive requirements for orders
under multiple-award contracts are now
fully implemented in the FAR at
16.500(d) and 16.505(b). Retain content
of 216.505–70(d)(3), renumbered as
216.505–70, which remains applicable
under the stated circumstances.
• Modify 247.271–3(f) to change the
reference from FAR 16.505(a)(4) to
16.504(a)(4)(vii) to reconcile with FAR
numbering. FAR 16.505(a)(4) was not
changed by FAR Case 2007–012, but no
longer discusses oral orders.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
Publication of proposed regulations,
41 U.S.C. 1707, is the statute which
applies to the publication of the Federal
Acquisition Regulation. Paragraph (a)(1)
of the statute requires that a
procurement policy, regulation,
procedure, or form (including an
amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment, because it simply reconciles
and removes all obsolete references to
section 803 of the National Defense
Authorization Act for Fiscal Year 2002
(Pub. L. 107–107; 10 U.S.C. 2304 note)
from the DFARS. These requirements
affect only the internal operating
procedures of the Government, and the
rule does not create a significant cost or
administrative impact on contractors or
offerors.
III. 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
E:\FR\FM\26JNR1.SGM
26JNR1
Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Rules and Regulations
(including potential economic,
environmental, public health and safety
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.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment.
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 Parts 208,
216, and 247
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD amends 48 CFR parts
208, 216, and 247 as follows:
■ 1. The authority citation for parts 208,
216, and 247 continue to read as
follows:
PART 208—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
2. Amend section 208.404 by—
a. Revising paragraph (a)(i); and
b. Adding a new paragraph (a)(iv).
The text of the revisions and
additions read as follows:
■
■
■
mstockstill on DSK4VPTVN1PROD with RULES
Final rule.
208.7400
4. Amend section 208.7400, paragraph
(d), by removing ‘‘established in
accordance with FAR 8.405 and
208.405–70; or’’ and adding
‘‘established in accordance with FAR
8.405; or’’ in its place.
■
PART 216—TYPES OF CONTRACTS
216.501
[Redesignated as 216.501–2–70]
5. Redesignate section 216.501 as
section 216.501–2–70.
■ 6. In newly redesignated section
216.501–2–70, add paragraph (b) to read
as follows:
■
216.501–2–70
DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to provide needed editorial
changes.
SUMMARY:
[Amended]
General.
*
*
*
*
*
(b) See 217.204(e)(i) for limitations on
the period for task order or delivery
order contracts awarded by DoD
pursuant to 10 U.S.C. 2304a.
216.501–1 and 216.501–2
[Removed]
7. Remove sections 216.501–1 and
216.501–2.
■ 8. Revise section 216.505–70 to read
as follows:
DATES:
Mrs.
Kortnee Stewart, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), Room 3B855, 3060
Defense Pentagon, Washington, DC
20301–3060. Telephone 571–372–6100;
facsimile 571–372–6094.
FOR FURTHER INFORMATION CONTACT:
This final
rule amends the DFARS as follows:
1. Corrects typographical error at
225.7902–5(b)(1)(i).
2. Corrects the definition of ‘‘export’’
at 252.225–7047.
SUPPLEMENTARY INFORMATION:
List of Subjects in 48 CFR Parts 225 and
252
Government procurement.
■
Orders under multiple award
If only one offer is received in
response to an order exceeding the
simplified acquisition threshold that is
placed on a competitive basis, the
contracting officer shall follow the
procedures at 215.371.
PART 247—TRANSPORTATION
247.271–3
Effective Date: June 26, 2013.
Kortnee Stewart,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 225 and 252
are amended as follows:
1. The authority citation for 48 CFR
parts 225 and 252 continues to read as
follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 225—FOREIGN ACQUISITION
[Amended]
9. Amend section 247.271–3,
paragraph (f), by removing ‘‘for placing
oral orders in accordance with FAR
16.505 (a)(4), document the oral orders’’
and adding ‘‘for placing oral orders in
accordance with FAR 16.504(a)(4)(vii),
document the oral orders’’ in its place.
225.7902–5
[Amended]
2. Section 225.7902–5(b)(1)(i) is
amended by removing ‘‘252.204–7008’’
and adding ‘‘252.204–7048’’ in its place.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
BILLING CODE 5001–06–P
252.225–7047
(a)(i) If only one offer is received in
response to an order exceeding the
simplified acquisition threshold that is
placed on a competitive basis, the
procedures at 215.371 apply.
*
*
*
*
*
(iv) Use the provisions at 252.215–
7007, Notice of Intent to Resolicit, and
252.215–7008, Only One Offer, as
prescribed at 215.408(3) and 215.408(4),
respectively.
Jkt 229001
ACTION:
[FR Doc. 2013–15270 Filed 6–25–13; 8:45 am]
Use of Federal Supply Schedules.
15:54 Jun 25, 2013
[Removed]
3. Section 208.405–70 is removed.
■
Authority: 41 U.S.C. 1303 and 48 CFR
Chapter 1.
VerDate Mar<15>2010
■
216.505–70
contracts.
Government procurement.
208.404
208.405–70
38235
3. The definition of ‘‘Export’’ in
section 252.225–7047(a) is amended by
removing ‘‘United Kingdom
Community’’ and adding ‘‘United
Kingdom Community and the Australia
Community’’ in its place.
■
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 225 and 252
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
[FR Doc. 2013–15271 Filed 6–25–13; 8:45 am]
BILLING CODE 6820–ep–P
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
PO 00000
Frm 00041
Fmt 4700
Sfmt 9990
[Amended]
E:\FR\FM\26JNR1.SGM
26JNR1
]]>Agencies
[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Rules and Regulations]
[Pages 38234-38235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15270]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 208, 216, and 247
RIN 0750-AH91
Defense Federal Acquisition Regulation Supplement: Requirements
for Acquisitions Pursuant to Multiple Award Contracts (DFARS Case 2012-
D047)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement section 863 of
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2009
(Pub. L. 110-417). Section 863(f) repeals redundant provisions of
section 803 of the NDAA for FY 2001, which was implemented by a
previous DFARS case, 2001-D017.
DATES: Effective Date: June 26, 2013.
FOR FURTHER INFORMATION CONTACT: Mr. Fernell Warren, telephone 571-372-
6089.
SUPPLEMENTARY INFORMATION:
I. Background
On October 25, 2002, a final DFARS rule was published (67 FR 65505)
which implemented section 803 of the NDAA for FY 2002 (Pub. L. 107-107;
10 U.S.C. 2304 note). The purpose of section 803 was to achieve savings
in expenditures through the use of competition in the purchase of
services pursuant to multiple award contracts.
Increasing savings in expenditures through competition is a
continuing goal of the Federal Government, and as such, section 863 of
the NDAA for FY 2009 required that the Federal Acquisition Regulation
(FAR) be amended to require enhanced competition in the purchase of
property and services by all executive agencies pursuant to multiple-
award contracts. Final publication of FAR Case 2007-012 (March 2,
2012), Requirements for Acquisitions Pursuant to Multiple-Award
Contracts, satisfied this requirement of section 863.
The statute also repeals section 803 of the NDAA for FY2002 as a
redundant provision. As such, this final rule reconciles and removes
from the DFARS all obsolete references to section 803 of the NDAA for
FY2002 (Pub. L. 107-107; 10 U.S.C. 2304 note) now implemented in the
FAR.
This final rule makes the following changes:
Modify 208.404(a)(i) to delete the reference to 208.405-
70(c)(2) which is redundant, and to change $150,000 to the simplified
acquisition threshold to reconcile with the FAR.
Relocate the reference to the provisions prescribed at
215.371-6 and 215.408(4) from 208.405-70(d) to 208.404 in order to
retain the cross reference to the provisions that remain applicable.
Delete 208.405-70 because it is redundant with FAR 8.405.
Competitive requirements when using Federal Supply Schedules are now
fully implemented in the FAR.
Modify 208.7400(d) to delete an obsolete reference to
208.405-70.
Renumber 216.501 to 216.501-2-70 to reconcile with FAR
using the correct numbering convention.
Delete 216.501-1. Only ``Multiple-award contract'' was
defined and it was only used in 216.505-70 which is also deleted in
this rule.
Renumber 216.501-2(a) to 216.501-2-70(b) to reconcile with
FAR.
Delete 216.505-70(a), (b), (c), (d)(1), (2), (4), and (5)
which are redundant. Competitive requirements for orders under
multiple-award contracts are now fully implemented in the FAR at
16.500(d) and 16.505(b). Retain content of 216.505-70(d)(3), renumbered
as 216.505-70, which remains applicable under the stated circumstances.
Modify 247.271-3(f) to change the reference from FAR
16.505(a)(4) to 16.504(a)(4)(vii) to reconcile with FAR numbering. FAR
16.505(a)(4) was not changed by FAR Case 2007-012, but no longer
discusses oral orders.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
Publication of proposed regulations, 41 U.S.C. 1707, is the statute
which applies to the publication of the Federal Acquisition Regulation.
Paragraph (a)(1) of the statute requires that a procurement policy,
regulation, procedure, or form (including an amendment or modification
thereof) must be published for public comment if it relates to the
expenditure of appropriated funds, and has either a significant effect
beyond the internal operating procedures of the agency issuing the
policy, regulation, procedure, or form, or has a significant cost or
administrative impact on contractors or offerors. This final rule is
not required to be published for public comment, because it simply
reconciles and removes all obsolete references to section 803 of the
National Defense Authorization Act for Fiscal Year 2002 (Pub. L. 107-
107; 10 U.S.C. 2304 note) from the DFARS. These requirements affect
only the internal operating procedures of the Government, and the rule
does not create a significant cost or administrative impact on
contractors or offerors.
III. 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
[[Page 38235]]
(including potential economic, environmental, public health and safety
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.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
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 Parts 208, 216, and 247
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, DoD amends 48 CFR parts 208, 216, and 247 as follows:
0
1. The authority citation for parts 208, 216, and 247 continue to read
as follows:
Authority: 41 U.S.C. 1303 and 48 CFR Chapter 1.
PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES
0
2. Amend section 208.404 by--
0
a. Revising paragraph (a)(i); and
0
b. Adding a new paragraph (a)(iv).
The text of the revisions and additions read as follows:
208.404 Use of Federal Supply Schedules.
(a)(i) If only one offer is received in response to an order
exceeding the simplified acquisition threshold that is placed on a
competitive basis, the procedures at 215.371 apply.
* * * * *
(iv) Use the provisions at 252.215-7007, Notice of Intent to
Resolicit, and 252.215-7008, Only One Offer, as prescribed at
215.408(3) and 215.408(4), respectively.
208.405-70 [Removed]
0
3. Section 208.405-70 is removed.
208.7400 [Amended]
0
4. Amend section 208.7400, paragraph (d), by removing ``established in
accordance with FAR 8.405 and 208.405-70; or'' and adding ``established
in accordance with FAR 8.405; or'' in its place.
PART 216--TYPES OF CONTRACTS
216.501 [Redesignated as 216.501-2-70]
0
5. Redesignate section 216.501 as section 216.501-2-70.
0
6. In newly redesignated section 216.501-2-70, add paragraph (b) to
read as follows:
216.501-2-70 General.
* * * * *
(b) See 217.204(e)(i) for limitations on the period for task order
or delivery order contracts awarded by DoD pursuant to 10 U.S.C. 2304a.
216.501-1 and 216.501-2 [Removed]
0
7. Remove sections 216.501-1 and 216.501-2.
0
8. Revise section 216.505-70 to read as follows:
216.505-70 Orders under multiple award contracts.
If only one offer is received in response to an order exceeding the
simplified acquisition threshold that is placed on a competitive basis,
the contracting officer shall follow the procedures at 215.371.
PART 247--TRANSPORTATION
247.271-3 [Amended]
0
9. Amend section 247.271-3, paragraph (f), by removing ``for placing
oral orders in accordance with FAR 16.505 (a)(4), document the oral
orders'' and adding ``for placing oral orders in accordance with FAR
16.504(a)(4)(vii), document the oral orders'' in its place.
[FR Doc. 2013-15270 Filed 6-25-13; 8:45 am]
BILLING CODE 5001-06-P
