Defense Federal Acquisition Regulation Supplement: Long-Haul Telecommunications (DFARS Case 2015-D023), 28732-28733 [2016-10825]

Download as PDF 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]


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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.

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[[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