Defense Federal Acquisition Regulation Supplement: Modification of DFARS Clause “Obligation of the Government” (DFARS Case 2018-D046), 58337-58339 [2019-23806]
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Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Rules and Regulations
contracts at or below the simplified
acquisition threshold or for commercial
items, including commercially available
off-the-shelf items.
analysis is required, and none has been
prepared.
IV. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
This rule modifies a clause included
in a currently approved collection under
Office of Management and Budget
(OMB) Control Number 0704–0341,
DFARS Part 239, Acquisition of
Information Technology, and associated
clauses at DFARS 252.239–7000.
However, this rule does not affect the
requirements of the currently approved
collection or add any new collection
requirements that necessitate OMB
approval under the Paperwork
Reduction Act (44 U.S.C. chapter 35).
The statute that applies to the
publication of the Federal Acquisition
Regulation (FAR) is 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 DoD is not issuing a
new regulation; rather, this rule is
merely updating a reference in an
existing clause.
V. Executive Orders 12866 and 13563
E.O. 12866 and E.O. 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.
This rule is not subject to E.O. 13771,
because this rule is not a significant
regulatory action under E.O. 12866.
khammond on DSKJM1Z7X2PROD with RULES
VII. 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 IV. 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
16:08 Oct 30, 2019
List of Subjects in 48 CFR Parts 239 and
252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 239 and 252
are amended as follows:
1. The authority citation for parts 239
and 252 continue to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 239—ACQUISITION OF
INFORMATION TECHNOLOGY
2. Amend section 239.7102–2 by
revising paragraph (a) to read as follows:
■
239.7102–2 Compromising emanations—
TEMPEST or other standard.
*
*
*
*
*
(a) The required protections, i.e., an
established National TEMPEST standard
(e.g., NSTISSAM TEMPEST 1–92) or a
standard used by other authority;
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Amend section 252.239–7000 by—
a. Removing the clause date ‘‘(JUN
2004)’’ and adding ‘‘(OCT 2019)’’ in its
place; and
■ b. Revising paragraph (a)(1) to read as
follows:
■
VI. Executive Order 13771
VerDate Sep<11>2014
VIII. Paperwork Reduction Act
Jkt 250001
■
252.239–7000 Protection Against
Compromising Emanations.
*
*
*
*
*
(a) * * *
(1) The National Security Agency
National TEMPEST Standards
(NSTISSAM TEMPEST 1–92,
Compromising Emanations Laboratory
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
58337
Test Requirements, Electromagnetics
(U)); or
*
*
*
*
*
[FR Doc. 2019–23804 Filed 10–30–19; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 239 and 252
[Docket DARS–2019–0029]
RIN 0750–AK11
Defense Federal Acquisition
Regulation Supplement: Modification
of DFARS Clause ‘‘Obligation of the
Government’’ (DFARS Case 2018–
D046)
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 modify the text of an
existing DFARS clause to include the
text of two other DFARS clauses on the
same subject, in an effort to streamline
contract terms and conditions for
contractors, pursuant to action taken by
the Regulatory Reform Task Force.
DATES: Effective October 31, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD published a proposed rule in the
Federal Register at 84 FR 30988 on June
28, 2019, to rename and modify DFARS
clause 252.239–7013, Obligation of the
Government, by: (1) Incorporating the
information included in DFARS clause
252.239–7014, Term of Agreement; (2)
creating an alternate for DFARS clause
252.239–7013 that is used in certain
circumstances, in lieu of the basic
clause, and includes the information in
DFARS clauses 252.239–7013, –7014,
and –7015; and, (3) amending the clause
text to align with the termination
notification requirement in the Federal
Acquisition Regulation. As a result,
DFARS clauses 252.239–7014 and
252.239–7015 are removed from the
DFARS. No public comments were
received in response to the proposed
rule. An editorial change is made in the
final rule to the clause title of DFARS
252.239–7013 to add a designation of
‘‘Basic’’ or ‘‘Alternate I’’ to the
respective clause titles.
E:\FR\FM\31OCR1.SGM
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Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Rules and Regulations
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule does not create any new
provisions or clauses. The rulemaking
combines three existing clauses on the
same topic into a basic and alternate
clause and updates a notification
timeframe within the clause to comply
with existing regulations. This rule does
not change the applicability of the
affected clause.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
E.O. 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.
khammond on DSKJM1Z7X2PROD with RULES
IV. Executive Order 13771
This rule is not subject to E.O. 13771,
because this rule is not a significant
regulatory action under E.O. 12866.
V. 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 Department of Defense is
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to: Rename DFARS clause
252.239–7013, Obligation of the
Government, to include the information
in DFARS clause 252.239–7014, Term of
Agreement; create an alternate for
DFARS clause 252.239–7013 that is
used in certain circumstances, in lieu of
the basic clause, and include the
information in DFARS clauses 252.239–
7013, –7014, and –7015; and, amend the
text of 252.239–7013 to align with the
termination notification timeframe in
the Federal Acquisition Regulation.
Combining these clauses will result in
DFARS clauses 252.239–7014 and
252.239–7015 being removed from the
DFARS. The objectives of this rule are
to streamline contract terms and
VerDate Sep<11>2014
16:08 Oct 30, 2019
Jkt 250001
conditions pertaining to
telecommunications services and
update the requisite termination
notification timeframe to comply with
existing regulations.
The modification of these DFARS
clauses supports a recommendation
from the DoD Regulatory Reform Task
Force. No public comments were
received in response to the initial
regulatory flexibility analysis.
This rule is not expected to have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because it is simply combining two
existing clauses that address the same
topic into a single comprehensive
clause, and clarifies the current
practices regarding DoD liability to
reimburse telecommunication services
contractors in certain circumstances.
The Federal Procurement Data System
(FPDS) does not collect information on
the number of basic agreements that are
negotiated or contracts and orders
placed under basic agreements with
contractors; instead, FPDS collects data
on the orders and contracts awarded for
telecommunication services, of which a
percentage of those awards incorporate
the terms and conditions of a basic
agreement. Based on fiscal year 2018
data from FPDS, the Government
awarded approximately 8,670 contracts
and orders for services to 1,787 unique
entities under the product and supply
code (PSC) D3—Information Technology
and Telecommunications. Of the 8,671
contracts and orders awarded,
approximately 2,444 (28%) awards were
made to 1,047 (59%) unique small
businesses entities. The PSC D3 does
not breakdown further into information
technology services and
telecommunications services; therefore,
the number of small business entities
affected by this rule is expected to be
less than 1,047.
This rule does not include any new
reporting, recordkeeping, or other
compliance requirements for small
businesses. This rule does not duplicate,
overlap, or conflict with any other
Federal rules. There are no known
significant alternative approaches to the
rule that would meet the stated
objectives.
VI. 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).
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
List of Subjects in 48 CFR Parts 239 and
252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 239 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 239 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 239—ACQUISITION OF
INFORMATION TECHNOLOGY
2. Amend section 239.7411 by
revising paragraph (c) to read as follows:
■
239.7411
Contract clauses.
*
*
*
*
*
(c) Use the basic or alternate of the
clause at 252.239–7013, Term of
Agreement and Continuation of
Services, in basic agreements for
telecommunications services.
(1) Use the basic clause in basic
agreements that do not supersede an
existing basic agreement with the
contractor.
(2) Use the alternate I clause in basic
agreements that supersede an existing
basic agreement with the contractor.
Complete paragraph (c)(1) of the clause
with the basic agreement number, date,
and contacting office that issued the
basic agreement being superseded.
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Revise section 252.239–7013 to
read as follows:
■
252.239–7013 Term of Agreement and
Continuation of Services.
Basic. As prescribed in 239.7411(c)(1),
use the following clause:
Term of Agreement and Continuation of
Services—Basic (Oct 2019)
(a) This basic agreement is not a contract.
The Government incurs liability only upon
issuance of a communication service
authorization, which is a contract that
incorporates the terms and conditions of this
basic agreement.
(b) This agreement shall continue in force
from year to year, unless terminated by either
party by 30 days’ written notice. Termination
of this basic agreement does not terminate or
cancel any communication service
authorizations issued under this basic
agreement prior to the termination.
(c) Communication service authorizations
issued under this basic agreement may be
modified to incorporate the terms and
E:\FR\FM\31OCR1.SGM
31OCR1
58339
Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Rules and Regulations
conditions of a new basic agreement
negotiated with the Contractor.
252.239–7015
5. Remove and reserve section
252.239–7015.
■
(End of clause)
Alternate I. As prescribed in
239.7411(c)(2), use the following clause,
which uses a different paragraph (c)
than the basic clause and adds a new
paragraph (d).
Term of Agreement and Continuation of
Services—Alternate I (Oct 2019)
(a) This basic agreement is not a contract.
The Government incurs liability only upon
issuance of a communication service
authorization, which is a contract that
incorporates the terms and conditions of this
basic agreement.
(b) This agreement shall continue in force
from year to year, unless terminated by either
party by 30 days’ written notice. Termination
of this basic agreement does not terminate or
cancel any communication service
authorizations issued under this basic
agreement prior to the termination.
(c) The Contractor’s current
communication services authorizations have
been modified to incorporate the terms and
conditions of this basic agreement.
(1) All current communication service
authorizations issued by llll that
incorporate Basic Agreement Number
llll, dated llll, are modified to
incorporate this basic agreement.
(2) Current communication service
authorizations, issued by the activity in
paragraph (c)(1) of this clause, that
incorporate other agreements with the
Contractor may also be modified to
incorporate this basic agreement.
(d) Communication service authorizations
issued under this basic agreement may be
modified to incorporate a new basic
agreement with the Contractor.
(End of clause)
252.239–7014
[Removed and Reserved]
[Removed and Reserved]
4. Remove and reserve section
252.239–7014.
■
[FR Doc. 2019–23806 Filed 10–30–19; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 151215999–6960–02]
RIN 0648–XX022
Fisheries of the Northeastern United
States; Atlantic Herring Fishery;
Adjustment to the 2019 Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; in-season
adjustment.
AGENCY:
NMFS increases the 2019
Atlantic herring annual catch limit and
Area 1A sub-annual catch limit by 1,000
mt. This action is required by the
herring regulations when, based on data
through October 1, the New Brunswick
weir fishery lands less than 4,000 mt of
herring. This notice is intended to
inform the public of these catch limit
changes.
SUMMARY:
Effective October 28, 2019,
through December 31, 2019.
DATES:
FOR FURTHER INFORMATION CONTACT:
Alyson Pitts, Fishery Management
Specialist, (978) 281–9352; or
Alyson.Pitts@noaa.gov.
NMFS
published final 2019 specifications for
the Atlantic Herring Fishery
Management Plan on February 8, 2019
(84 FR 2760), establishing the 2019
annual catch limit (ACL) and area subACLs. Table 1 shows the original
herring specifications for 2019 and the
specifications that are revised by this
action for the remainder of the calendar
year.
The NMFS Regional Administrator
tracks herring landings in the New
Brunswick weir fishery each year. The
regulations at 50 CFR 648.201(h) require
that if the New Brunswick weir fishery
landings through October 1 are less than
4,000 mt, then NMFS subtracts 1,000 mt
from the management uncertainty buffer
and increases the ACL and Area 1A subACL by 1,000 mt. When such a
determination is made, NMFS is
required to notify the New England
Fishery Management Council and
publish the ACL and Area 1A sub-ACL
adjustment in the Federal Register.
The Regional Administrator has
determined, based on the best available
information, that the New Brunswick
weir fishery landed less than 4,000 mt
through October 1, 2019. Therefore,
effective October 28, 2019, 1,000 mt will
be re-allocated from the management
uncertainty buffer to the Area 1A subACL. This increases the Area 1A subACL from 4,354 mt to 5,354 mt and the
ACL from 15,065 mt to 16,065 mt. These
revised specifications will be used to
project when catch will reach 92
percent of the Area 1A sub-ACL or 95
percent of the ACL for the purpose of
implementing a 2,000-lb (907-kg)
herring possession limit in Area 1A or
in all management areas, respectively.
SUPPLEMENTARY INFORMATION:
TABLE 1—ATLANTIC HERRING SPECIFICATIONS FOR 2019
[mt]
khammond on DSKJM1Z7X2PROD with RULES
Original
specifications
Overfishing Limit ......................................................................................................................................................
Acceptable Biological Catch ....................................................................................................................................
Management Uncertainty .........................................................................................................................................
Optimum Yield/ACL .................................................................................................................................................
Domestic Annual Harvest ........................................................................................................................................
Border Transfer ........................................................................................................................................................
Domestic Annual Processing ...................................................................................................................................
U.S. At-Sea Processing ...........................................................................................................................................
Area 1A Sub-ACL (28.9%) ......................................................................................................................................
Area 1B Sub-ACL (4.3%) ........................................................................................................................................
Area 2 Sub-ACL (27.8%) .........................................................................................................................................
Area 3 Sub-ACL (39%) ............................................................................................................................................
Fixed Gear Set-Aside ..............................................................................................................................................
Research Set-Aside .................................................................................................................................................
* 3 percent of sub-ACLs.
VerDate Sep<11>2014
16:08 Oct 30, 2019
Jkt 250001
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
E:\FR\FM\31OCR1.SGM
31OCR1
30,668
21,266
6,200
15,065
15,065
0
15,065
0
4,354
647
4,188
5,876
39
(*)
Revised
specifications
30,668
21,266
5,200
16,065
15,065
0
15,065
0
5,354
647
4,188
5,876
39
(*)
]]>Agencies
[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Rules and Regulations]
[Pages 58337-58339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23806]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 239 and 252
[Docket DARS-2019-0029]
RIN 0750-AK11
Defense Federal Acquisition Regulation Supplement: Modification
of DFARS Clause ``Obligation of the Government'' (DFARS Case 2018-D046)
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 modify the text of an
existing DFARS clause to include the text of two other DFARS clauses on
the same subject, in an effort to streamline contract terms and
conditions for contractors, pursuant to action taken by the Regulatory
Reform Task Force.
DATES: Effective October 31, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 84 FR
30988 on June 28, 2019, to rename and modify DFARS clause 252.239-7013,
Obligation of the Government, by: (1) Incorporating the information
included in DFARS clause 252.239-7014, Term of Agreement; (2) creating
an alternate for DFARS clause 252.239-7013 that is used in certain
circumstances, in lieu of the basic clause, and includes the
information in DFARS clauses 252.239-7013, -7014, and -7015; and, (3)
amending the clause text to align with the termination notification
requirement in the Federal Acquisition Regulation. As a result, DFARS
clauses 252.239-7014 and 252.239-7015 are removed from the DFARS. No
public comments were received in response to the proposed rule. An
editorial change is made in the final rule to the clause title of DFARS
252.239-7013 to add a designation of ``Basic'' or ``Alternate I'' to
the respective clause titles.
[[Page 58338]]
II. 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 create any new provisions or clauses. The
rulemaking combines three existing clauses on the same topic into a
basic and alternate clause and updates a notification timeframe within
the clause to comply with existing regulations. This rule does not
change the applicability of the affected clause.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and E.O. 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. Executive Order 13771
This rule is not subject to E.O. 13771, because this rule is not a
significant regulatory action under E.O. 12866.
V. 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 Department of Defense is amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to: Rename DFARS clause
252.239-7013, Obligation of the Government, to include the information
in DFARS clause 252.239-7014, Term of Agreement; create an alternate
for DFARS clause 252.239-7013 that is used in certain circumstances, in
lieu of the basic clause, and include the information in DFARS clauses
252.239-7013, -7014, and -7015; and, amend the text of 252.239-7013 to
align with the termination notification timeframe in the Federal
Acquisition Regulation. Combining these clauses will result in DFARS
clauses 252.239-7014 and 252.239-7015 being removed from the DFARS. The
objectives of this rule are to streamline contract terms and conditions
pertaining to telecommunications services and update the requisite
termination notification timeframe to comply with existing regulations.
The modification of these DFARS clauses supports a recommendation
from the DoD Regulatory Reform Task Force. No public comments were
received in response to the initial regulatory flexibility analysis.
This rule is not expected to have a significant economic impact on
a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because it is simply
combining two existing clauses that address the same topic into a
single comprehensive clause, and clarifies the current practices
regarding DoD liability to reimburse telecommunication services
contractors in certain circumstances.
The Federal Procurement Data System (FPDS) does not collect
information on the number of basic agreements that are negotiated or
contracts and orders placed under basic agreements with contractors;
instead, FPDS collects data on the orders and contracts awarded for
telecommunication services, of which a percentage of those awards
incorporate the terms and conditions of a basic agreement. Based on
fiscal year 2018 data from FPDS, the Government awarded approximately
8,670 contracts and orders for services to 1,787 unique entities under
the product and supply code (PSC) D3--Information Technology and
Telecommunications. Of the 8,671 contracts and orders awarded,
approximately 2,444 (28%) awards were made to 1,047 (59%) unique small
businesses entities. The PSC D3 does not breakdown further into
information technology services and telecommunications services;
therefore, the number of small business entities affected by this rule
is expected to be less than 1,047.
This rule does not include any new reporting, recordkeeping, or
other compliance requirements for small businesses. This rule does not
duplicate, overlap, or conflict with any other Federal rules. There are
no known significant alternative approaches to the rule that would meet
the stated objectives.
VI. 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 239 and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 239 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 239 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 239--ACQUISITION OF INFORMATION TECHNOLOGY
0
2. Amend section 239.7411 by revising paragraph (c) to read as follows:
239.7411 Contract clauses.
* * * * *
(c) Use the basic or alternate of the clause at 252.239-7013, Term
of Agreement and Continuation of Services, in basic agreements for
telecommunications services.
(1) Use the basic clause in basic agreements that do not supersede
an existing basic agreement with the contractor.
(2) Use the alternate I clause in basic agreements that supersede
an existing basic agreement with the contractor. Complete paragraph
(c)(1) of the clause with the basic agreement number, date, and
contacting office that issued the basic agreement being superseded.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Revise section 252.239-7013 to read as follows:
252.239-7013 Term of Agreement and Continuation of Services.
Basic. As prescribed in 239.7411(c)(1), use the following clause:
Term of Agreement and Continuation of Services--Basic (Oct 2019)
(a) This basic agreement is not a contract. The Government
incurs liability only upon issuance of a communication service
authorization, which is a contract that incorporates the terms and
conditions of this basic agreement.
(b) This agreement shall continue in force from year to year,
unless terminated by either party by 30 days' written notice.
Termination of this basic agreement does not terminate or cancel any
communication service authorizations issued under this basic
agreement prior to the termination.
(c) Communication service authorizations issued under this basic
agreement may be modified to incorporate the terms and
[[Page 58339]]
conditions of a new basic agreement negotiated with the Contractor.
(End of clause)
Alternate I. As prescribed in 239.7411(c)(2), use the following
clause, which uses a different paragraph (c) than the basic clause and
adds a new paragraph (d).
Term of Agreement and Continuation of Services--Alternate I (Oct 2019)
(a) This basic agreement is not a contract. The Government
incurs liability only upon issuance of a communication service
authorization, which is a contract that incorporates the terms and
conditions of this basic agreement.
(b) This agreement shall continue in force from year to year,
unless terminated by either party by 30 days' written notice.
Termination of this basic agreement does not terminate or cancel any
communication service authorizations issued under this basic
agreement prior to the termination.
(c) The Contractor's current communication services
authorizations have been modified to incorporate the terms and
conditions of this basic agreement.
(1) All current communication service authorizations issued by
____ that incorporate Basic Agreement Number ____, dated ____, are
modified to incorporate this basic agreement.
(2) Current communication service authorizations, issued by the
activity in paragraph (c)(1) of this clause, that incorporate other
agreements with the Contractor may also be modified to incorporate
this basic agreement.
(d) Communication service authorizations issued under this basic
agreement may be modified to incorporate a new basic agreement with
the Contractor.
(End of clause)
252.239-7014 [Removed and Reserved]
0
4. Remove and reserve section 252.239-7014.
252.239-7015 [Removed and Reserved]
0
5. Remove and reserve section 252.239-7015.
[FR Doc. 2019-23806 Filed 10-30-19; 8:45 am]
BILLING CODE 5001-06-P
