Defense Federal Acquisition Regulation Supplement: Definition of “Information Technology” (DFARS Case 2017-D033), 15994-15995 [2018-07734]

Download as PDF 15994 Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations 78. It is further ordered that, pursuant to § 1.429 of the Commission’s rules, 47 CFR 1.429 the Petition for Reconsideration filed by Verizon on August 8, 2016 is denied in part to the extent described herein. DEPARTMENT OF DEFENSE List of Subjects in 47 CFR Part 54 [Docket DARS–2018–0013] Communications common carriers, Health facilities, Infants and children, Internet, Libraries, Reporting and recordkeeping requirements, Schools, Telecommunications, Telephone. 48 CFR Parts 202 and 239 RIN 0750–AJ39 Defense Federal Acquisition Regulation Supplement: Definition of ‘‘Information Technology’’ (DFARS Case 2017–D033) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. Federal Communications Commission. Marlene Dortch, Secretary. AGENCY: Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 54 as follows: PART 54—UNIVERSAL SERVICE 1. The authority citation for part 54 continues to read as follows: ■ Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220, 254, 303(r), 403, and 1302 unless otherwise noted. DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to relocate the definition of information technology within the DFARS. DATES: Effective April 13, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Johnson, telephone 571–372– 6100. SUPPLEMENTARY INFORMATION: SUMMARY: III. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items This rule does not add any new provisions or clauses or impact existing provisions or clauses. There are no reporting, recordkeeping, or other compliance requirements in this rule. IV. Executive Orders 12866 and 13563 § 54.315 Application process for Connect America Fund phase II support distributed through competitive bidding. * * * * * (c) * * * (1) * * * (ii) Once the recipient has met its 80 percent service milestone, it may obtain a new letter of credit or renew its existing letter of credit so that it is valued at a minimum at 60 percent of the total support that has been disbursed plus the amount that will be disbursed in the coming year. * * * * * [FR Doc. 2018–07509 Filed 4–12–18; 8:45 am] BILLING CODE 6712–01–P VerDate Sep<11>2014 16:22 Apr 12, 2018 Jkt 244001 I. Background DoD is relocating the definition of ‘‘information technology’’ from DFARS 202.101 to DFARS 239.7301. This specific definition of ‘‘information technology’’ was established in section 806, entitled ‘‘Requirements for Information Relating to Supply Chain Risk,’’ of the National Defense Authorization Act for Fiscal Year (FY) 2011 (Pub. L. 111–383). Section 806(b)(6) used the definition of ‘‘information technology’’ in 40 U.S.C. 11101(6) to define a ‘‘covered item of supply’’. On October 30, 2015, DoD published in the Federal Register (80 FR 67244) the final rule for DFARS case 2012–D050, Requirements Relating to Supply Chain Risk, incorporating this ‘‘information technology’’ definition into DFARS 202.101, Definitions, as opposed to DFARS 239.7301, Definitions. This rule will align this specific definition of ‘‘information technology’’ with DFARS 239.73, Requirements for Information Relating to Supply Chain Risk, as originally intended in Public Law 111–383. 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. II. Publication of This Final Rule for Public Comment Is Not Required by Statute The statute that applies to the publication of the Federal Acquisition Regulation (FAR) is the Office of Federal Procurement Policy statute (codified at Title 41 of the United States Code). Specifically, 41 U.S.C. 1707(a)(1) 2. Amend § 54.315 by revising the section heading and paragraph (c)(1)(ii) to read as follows: ■ daltland on DSKBBV9HB2PROD with RULES Defense Acquisition Regulations System 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 the rule merely relocates existing text within the DFARS. This rule affects only the internal operating procedures of the Government. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see section II. of this preamble), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 V. Executive Order 13771 This rule is not subject to E.O. 13771, Reducing Regulation and Controlling Regulatory Costs, because this rule is not a significant regulatory action under E.O. 12866. VI. Regulatory Flexibility Act E:\FR\FM\13APR1.SGM 13APR1 Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations analysis is required and none has been prepared. VII. 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 202 and 239 [FR Doc. 2018–07734 Filed 4–12–18; 8:45 am] BILLING CODE 5001–06–P Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. DEPARTMENT OF DEFENSE Therefore, 48 CFR parts 202 and 239 are amended as follows: ■ 1. The authority citation for parts 202 and 239 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. Defense Acquisition Regulations System 48 CFR Parts 207, 210, and 219 [Docket DARS–2018–0014] RIN 0750–AJ43 PART 202—DEFINITIONS OF WORDS AND TERMS 202.101 surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources. (3) The term ‘‘information technology’’ does not include any equipment acquired by a contractor incidental to a contract. * * * * * [Amended] 2. Amend section 202.101 by removing the definition of ‘‘Information technology.’’ Defense Federal Acquisition Regulation Supplement: Consolidation of Contract Requirements (DFARS Case 2017–D004) ■ AGENCY: PART 239—ACQUISITION OF INFORMATION TECHNOLOGY SUMMARY: 3. Amend section 239.7301 by adding the definition of ‘‘Information technology’’ in alphabetical order to read as follows: ■ 239.7301 Definitions. daltland on DSKBBV9HB2PROD with RULES * * * * * Information technology (see 40 U.S.C 11101(6)) means, in lieu of the definition at FAR 2.1, any equipment, or interconnected system(s) or subsystem(s) of equipment, that is used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the agency. (1) For purposes of this definition, equipment is used by an agency if the equipment is used by the agency directly or is used by a contractor under a contract with the agency that requires— (i) Its use; or (ii) To a significant extent, its use in the performance of a service or the furnishing of a product. (2) The term ‘‘information technology’’ includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and VerDate Sep<11>2014 16:22 Apr 12, 2018 Jkt 244001 Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to remove outdated coverage of consolidation of contract requirements. DATES: Effective April 13, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, telephone 571– 372–6100. SUPPLEMENTARY INFORMATION: I. Background DoD is amending the DFARS to remove outdated coverage of consolidation of contract requirements, which is defined at DFARS 207.170 as ‘‘the use of a solicitation to obtain offers for a single contract or multiple award contract to satisfy two or more requirements of a department, agency, or activity for supplies or services that previously have been provided to, or performed for, that department, agency, or activity under two or more separate contracts.’’ This coverage implemented 10 U.S.C. 2382, which was repealed by section 1671 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239). Section 1671 also amended section 44 of the Small Business Act (15 U.S.C. 657q) to remove the requirement for DoD to comply with 10 U.S.C. 2382. As a result, DoD is now required to comply with 15 U.S.C. 657q. PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 15995 10 U.S.C. 2382 imposed limitations on the use of acquisition strategies involving consolidation, including requirements to identify alternative approaches that would involve a lesser degree of consolidation and to determine that consolidation is necessary and justified. Section 44 of the Small Business Act (15 U.S.C. 657q) contains similar limitations. The Federal Acquisition Regulation (FAR) addresses consolidation, including the limitations of 15 U.S.C. 657q, at FAR 7.107. By removing the outdated DFARS coverage of consolidation, this rule will reduce confusion among the DoD contracting workforce caused by differing requirements in the FAR and DFARS. II. Discussion and Analysis This rule deletes DFARS section 207.170 in its entirety to remove the obsolete text on consolidation of contract requirements. In addition, paragraphs (a)(i)(A) and (a)(ii)(A) of DFARS section 210.001 are also deleted to remove the reference to the deleted text at DFARS 207.170. In paragraph (c)(11)(A) of the DFARS section 219.201, the reference to deleted text at DFARS 207.107 is replaced by a reference to FAR 7.107, where contract consolidate and the limitations of 15 U.S.C. 657q are currently addressed. III. Publication of This Final Rule for Public Comment Is Not Required by Statute The statute that applies to the publication of the Federal Acquisition Regulation (FAR) is the Office of Federal Procurement Policy statute (codified at title 41 of the United States Code). Specifically, 41 U.S.C. 1707(a)(1) 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 the rule merely removes obsolete text from the DFARS, which affects only the internal operating procedures of the Government. E:\FR\FM\13APR1.SGM 13APR1

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[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Rules and Regulations]
[Pages 15994-15995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07734]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 202 and 239

[Docket DARS-2018-0013]
RIN 0750-AJ39


Defense Federal Acquisition Regulation Supplement: Definition of 
``Information Technology'' (DFARS Case 2017-D033)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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

SUMMARY: DoD is issuing a final rule to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to relocate the definition of 
information technology within the DFARS.

DATES: Effective April 13, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Johnson, telephone 571-
372-6100.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is relocating the definition of ``information technology'' from 
DFARS 202.101 to DFARS 239.7301. This specific definition of 
``information technology'' was established in section 806, entitled 
``Requirements for Information Relating to Supply Chain Risk,'' of the 
National Defense Authorization Act for Fiscal Year (FY) 2011 (Pub. L. 
111-383). Section 806(b)(6) used the definition of ``information 
technology'' in 40 U.S.C. 11101(6) to define a ``covered item of 
supply''. On October 30, 2015, DoD published in the Federal Register 
(80 FR 67244) the final rule for DFARS case 2012-D050, Requirements 
Relating to Supply Chain Risk, incorporating this ``information 
technology'' definition into DFARS 202.101, Definitions, as opposed to 
DFARS 239.7301, Definitions. This rule will align this specific 
definition of ``information technology'' with DFARS 239.73, 
Requirements for Information Relating to Supply Chain Risk, as 
originally intended in Public Law 111-383.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is the Office of Federal Procurement 
Policy statute (codified at Title 41 of the United States Code). 
Specifically, 41 U.S.C. 1707(a)(1) 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 the rule merely 
relocates existing text within the DFARS. This rule affects only the 
internal operating procedures of the Government.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This rule does not add any new provisions or clauses or impact 
existing provisions or clauses. There are no reporting, recordkeeping, 
or other compliance requirements in this rule.

IV. 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.

V. Executive Order 13771

    This rule is not subject to E.O. 13771, Reducing Regulation and 
Controlling Regulatory Costs, because this rule is not a significant 
regulatory action under E.O. 12866.

VI. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under 41 
U.S.C. 1707(a)(1) (see section II. of this preamble), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility

[[Page 15995]]

analysis is required and none has been prepared.

VII. 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 202 and 239

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 202 and 239 are amended as follows:

0
1. The authority citation for parts 202 and 239 continues to read as 
follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

PART 202--DEFINITIONS OF WORDS AND TERMS


202.101   [Amended]

0
2. Amend section 202.101 by removing the definition of ``Information 
technology.''

PART 239--ACQUISITION OF INFORMATION TECHNOLOGY

0
3. Amend section 239.7301 by adding the definition of ``Information 
technology'' in alphabetical order to read as follows:


239.7301   Definitions.

* * * * *
    Information technology (see 40 U.S.C 11101(6)) means, in lieu of 
the definition at FAR 2.1, any equipment, or interconnected system(s) 
or subsystem(s) of equipment, that is used in the automatic 
acquisition, storage, analysis, evaluation, manipulation, management, 
movement, control, display, switching, interchange, transmission, or 
reception of data or information by the agency.
    (1) For purposes of this definition, equipment is used by an agency 
if the equipment is used by the agency directly or is used by a 
contractor under a contract with the agency that requires--
    (i) Its use; or
    (ii) To a significant extent, its use in the performance of a 
service or the furnishing of a product.
    (2) The term ``information technology'' includes computers, 
ancillary equipment (including imaging peripherals, input, output, and 
storage devices necessary for security and surveillance), peripheral 
equipment designed to be controlled by the central processing unit of a 
computer, software, firmware and similar procedures, services 
(including support services), and related resources.
    (3) The term ``information technology'' does not include any 
equipment acquired by a contractor incidental to a contract.
* * * * *
[FR Doc. 2018-07734 Filed 4-12-18; 8:45 am]
 BILLING CODE 5001-06-P

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