Defense Federal Acquisition Regulation Supplement: Long-Haul Telecommunications (DFARS Case 2015-D023), 28732-28733 [2016-10825]
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28732
Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 225 and 252
[Docket DARS–2015–0052]
RIN 0750–AI76
Defense Federal Acquisition
Regulation Supplement: Duty-Free
Entry Threshold (DFARS 2015–D036)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update the threshold for
duty-free entry on foreign supplies that
are not from qualifying countries.
DATES: Effective May 10, 2016.
FOR FURTHER INFORMATION CONTACT: Mr.
Christopher Stiller, telephone 571–372–
6176.
SUPPLEMENTARY INFORMATION:
SUMMARY:
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule merely updates the
threshold for duty-free entry on foreign
supplies that are not qualifying country
suppliers or eligible products under a
trade agreement. The clause at DFARS
252.225–7013, Duty-Free Entry, which
is prescribed for use in lieu of Federal
Acquisition Regulation clause 52.225–8,
may be used in acquisitions at or below
the simplified acquisition threshold
when the savings from waiving the duty
is anticipated to be more than the
administrative cost of waiving the duty.
The clause is not prescribed for use in
contracts for commercial items,
including commercially available offthe-shelf items.
IV. Regulatory Flexibility Act
A final regulatory flexibility analysis
(FRFA) has been prepared consistent
with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is
summarized as follows:
The objective of this rule is to amend
Defense Federal Acquisition
Supplement (DFARS) subpart 225.9 and
the clause at 252.225–7013, Duty-Free
Entry, to update the threshold for dutyfree entry on foreign supplies that are
not from the qualifying countries.
No comments were received from the
public regarding the initial regulatory
analysis.
DoD does not expect this rule to have
a significant economic impact on a
substantial number of small entities
because this rule only makes an upward
inflationary adjustment of an
administrative threshold, from $200 to
$300, at DFARS 225.901(3) and the
clause at DFARS 252.225–7013. The
information requested in DFARS clause
252.225–7013 supplements the
information requested in the Federal
Acquisition Regulation clause at
52.225–10 and is required only if the
contractor is requesting duty-free entry.
Current data indicates, on average,
approximately 31,500 duty-free entry
certificates on foreign supplies for DoD
per year. DoD does not expect a change
in the estimated duty-free entry
processes because the change is
consistent with the rate of inflation;
therefore, small entities will not be
materially affected by this rule.
This rule does not impose any
additional reporting, recordkeeping, and
other compliance requirements.
There are no known significant
alternatives to the rule. The impact of
this rule on small business is not
expected to be significant.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
V. Paperwork Reduction Act
The rule affects the information
collection requirements in the clause at
I. Background
DoD published a proposed rule in the
Federal Register at 80 FR 72672 on
November 20, 2015, to revise DFARS
225.901(3), and the clause 252.225–
7013, Duty-Free Entry, by updating the
$200 threshold that was established on
April 30, 2003, to $300. There were no
public comments submitted in response
to the proposed rule. There are no
changes from the proposed rule made in
the final rule.
ehiers on DSK5VPTVN1PROD with RULES
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(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.
VerDate Sep<11>2014
15:17 May 09, 2016
Jkt 238001
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
DFARS 252.225–7013, currently
approved under OMB Control Number
0704–0229, entitled ‘‘Defense Federal
Acquisition Regulation Supplement Part
225, Foreign Acquisition, and related
clauses,’’ in accordance with the
Paperwork Reduction Act (44.U.S.C.
chapter 35). The impact, however, is
negligible, because this rule only makes
an upward adjustment of the duty-free
entry threshold from the $200 to $300,
consistent with the rate of inflation.
List of Subjects in 48 CFR Parts 225 and
252
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 225 and 252
are amended as follows:
■ 1. The authority citation for parts 225
and 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 225—FOREIGN ACQUISITION
225.901
[Amended]
2. In section 225.901, amend
paragraph (3) by removing ‘‘$200’’ and
adding ‘‘$300’’ in its place.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.225–7013
[Amended]
3. Amend section 252.225–7013 by—
a. Removing the clause date ‘‘(NOV
2014)’’ and adding ‘‘(MAY 2016)’’ in its
place; and
■ b. Amending paragraph (b)(3) by
removing ‘‘$200’’ and adding ‘‘$300’’ in
its place.
■
■
[FR Doc. 2016–10826 Filed 5–9–16; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 239
[Docket DARS–2015–0046]
RIN 0750–AI72
Defense Federal Acquisition
Regulation Supplement: Long-Haul
Telecommunications (DFARS Case
2015–D023)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
E:\FR\FM\10MYR1.SGM
10MYR1
Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to add a definition of ‘‘longhaul telecommunications.’’
DATES: Effective May 10, 2016.
FOR FURTHER INFORMATION CONTACT: Mr.
Christopher Stiller, telephone 571–372–
6176.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD published a proposed rule in the
Federal Register at 80 FR 72674 on
November 20, 2015, to revise DFARS
subpart 239.74 to add ‘‘long-haul
telecommunications’’ to the
telecommunications services definitions
and identify Defense Information
Systems Agency as the procurer of longhaul telecommunications services for
DoD, as mentioned in DoD Directive
5105.19, Defense Information Systems
Agency. There were no public
comments submitted in response to the
proposed rule. There are no changes
from the proposed rule made in the final
rule.
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This case does not add any new
provisions or clauses or impact any
existing provisions or clauses.
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
(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.
ehiers on DSK5VPTVN1PROD with RULES
IV. Regulatory Flexibility Act
A final regulatory flexibility analysis
(FRFA) has been prepared consistent
with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is
summarized as follows:
The purpose of this final rule is to
amend the Defense Federal Acquisition
VerDate Sep<11>2014
15:17 May 09, 2016
Jkt 238001
Regulation Supplement (DFARS) to add
a definition of ‘‘long-haul
telecommunications’’ and provide a
pointer to DFARS Procedures,
Guidance, and Information for
procedures internal to DoD.
No comments were received from the
public regarding the initial regulatory
flexibility analysis.
The requirements under this rule will
apply to long-haul telecommunications
(Product Service Code D304)
requirements as defined in the DoD
Directive 5105.19, Defense Information
Systems Agency. According to data
available in the Federal Procurement
Data System-Next Generation (FPDS–
NG) for fiscal year 2014 through July 31,
2015, DoD awarded 13,596 new longhaul telecommunications contracts.
Approximately 3 percent (451) of the
total were awarded to small entities
(comprised of 222 unique small
entities).
This rule does not create any new
reporting or recordkeeping
requirements.
There are no known significant
alternatives to the rule. The impact of
this rule on small entities is not
expected to be significant because it
only affects DoD internal operating
procedures.
V. Paperwork Reduction Act
List of Subjects in 48 CFR Part 239
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 239 is
amended as follows:
PART 239—ACQUISITION OF
INFORMATION TECHNOLOGY
1. The authority citation for part 239
continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Amend section 239.7401 by—
a. Removing the alphabetical
paragraph designation from each
definition; and
■ b. Adding, in alphabetical order, a
new definition for ‘‘Long-haul
telecommunications’’.
The addition reads as follows:
239.7401
*
PO 00000
*
Definitions.
*
Frm 00045
*
Fmt 4700
*
Sfmt 4700
Long-haul telecommunications means
all general and special purpose longdistance telecommunications facilities
and services (including commercial
satellite services, terminal equipment
and local circuitry supporting the longhaul service) to or from the post, camp,
base, or station switch and/or main
distribution frame (except for trunk
lines to the first-serving commercial
central office for local communications
services).
*
*
*
*
*
■ 3. Amend section 239.7402 by adding
paragraph (d) to read as follows:
239.7402
Policy.
*
*
*
*
*
(d) Long-haul telecommunications
services. When there is a requirement
for procurement of long-haul
telecommunications services, follow
PGI 239.7402(d).
[FR Doc. 2016–10825 Filed 5–9–16; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 241
[Docket DARS–2015–0050]
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).
■
■
28733
RIN 0750–AI74
Defense Federal Acquisition
Regulation Supplement: Contract Term
Limit for Energy Savings Contracts
(DFARS Case 2015–D018)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to clarify the contract term for
energy savings contracts awarded under
10 U.S.C. 2913.
DATES: Effective May 10, 2016.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, telephone 571–372–
6106.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 80 FR 72675 on
November 20, 2015, to clarify the
contract term for contracts awarded
under the statutory authority of 10
U.S.C. 2913. Ten respondents submitted
public comments in response to the
proposed rule.
E:\FR\FM\10MYR1.SGM
10MYR1
]]>Agencies
[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Rules and Regulations]
[Pages 28732-28733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10825]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 239
[Docket DARS-2015-0046]
RIN 0750-AI72
Defense Federal Acquisition Regulation Supplement: Long-Haul
Telecommunications (DFARS Case 2015-D023)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 28733]]
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to add a definition of
``long-haul telecommunications.''
DATES: Effective May 10, 2016.
FOR FURTHER INFORMATION CONTACT: Mr. Christopher Stiller, telephone
571-372-6176.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 80 FR
72674 on November 20, 2015, to revise DFARS subpart 239.74 to add
``long-haul telecommunications'' to the telecommunications services
definitions and identify Defense Information Systems Agency as the
procurer of long-haul telecommunications services for DoD, as mentioned
in DoD Directive 5105.19, Defense Information Systems Agency. There
were no public comments submitted in response to the proposed rule.
There are no changes from the proposed rule made in the final rule.
II. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This case does not add any new provisions or clauses or impact any
existing provisions or clauses.
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 (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
A final regulatory flexibility analysis (FRFA) has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
The FRFA is summarized as follows:
The purpose of this final rule is to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to add a definition of
``long-haul telecommunications'' and provide a pointer to DFARS
Procedures, Guidance, and Information for procedures internal to DoD.
No comments were received from the public regarding the initial
regulatory flexibility analysis.
The requirements under this rule will apply to long-haul
telecommunications (Product Service Code D304) requirements as defined
in the DoD Directive 5105.19, Defense Information Systems Agency.
According to data available in the Federal Procurement Data System-Next
Generation (FPDS-NG) for fiscal year 2014 through July 31, 2015, DoD
awarded 13,596 new long-haul telecommunications contracts.
Approximately 3 percent (451) of the total were awarded to small
entities (comprised of 222 unique small entities).
This rule does not create any new reporting or recordkeeping
requirements.
There are no known significant alternatives to the rule. The impact
of this rule on small entities is not expected to be significant
because it only affects DoD internal operating procedures.
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 Part 239
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 239 is amended as follows:
PART 239--ACQUISITION OF INFORMATION TECHNOLOGY
0
1. The authority citation for part 239 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Amend section 239.7401 by--
0
a. Removing the alphabetical paragraph designation from each
definition; and
0
b. Adding, in alphabetical order, a new definition for ``Long-haul
telecommunications''.
The addition reads as follows:
239.7401 Definitions.
* * * * *
Long-haul telecommunications means all general and special purpose
long-distance telecommunications facilities and services (including
commercial satellite services, terminal equipment and local circuitry
supporting the long-haul service) to or from the post, camp, base, or
station switch and/or main distribution frame (except for trunk lines
to the first-serving commercial central office for local communications
services).
* * * * *
0
3. Amend section 239.7402 by adding paragraph (d) to read as follows:
239.7402 Policy.
* * * * *
(d) Long-haul telecommunications services. When there is a
requirement for procurement of long-haul telecommunications services,
follow PGI 239.7402(d).
[FR Doc. 2016-10825 Filed 5-9-16; 8:45 am]
BILLING CODE 5001-06-P
