[Federal Register: November 7, 2007 (Volume 72, Number 215)]
[Rules and Regulations]
[Page 63075-63076]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no07-15]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, 5, and 13
[FAC 2005-21; FAR Case 2006-015; Item IV; Docket 2007-0001; Sequence
10]
RIN 9000-AK68
Federal Acquisition Regulation; FAR Case 2006-015, Federal
Computer Network (FACNET) Architecture
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to delete references
to FACNET.
DATES: Effective Date: December 7, 2007
FOR FURTHER INFORMATION CONTACT Mr. Ernest Woodson, Procurement
Analyst, at (202) 501-3775 for clarification of content. For
information pertaining to status or publication schedules, contact the
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-21, FAR case
2006-015.
SUPPLEMENTARY INFORMATION:
A. Background
The Councils published a proposed rule with request for comments in
the Federal Register at 72 FR 4675 on February 1, 2007, to amend the
FAR to remove FACNET references and provide the opportunity to
recognize the evolution of alternative technologies and processes,
etc., that Federal agencies are using and will use to satisfy their
acquisition needs without removing the use of FACNET for Federal
agencies that may use the system. The comment period closed April 2,
2007. No public comments were received on the rule. The Councils have
agreed to adopt the proposed rule as final without change.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
DoD, GSA, and NASA certify that this final rule will not 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 the rule addresses the deletion of a term used to
describe a system for the electronic data interchange of acquisition
information between the private sector and the Federal Government
without removing the use of the system. The rule does not present new
requirements that impose a burden on contractors. No comments were
received with regard to an impact on small business.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Parts 2, 4, 5, and 13.
Government procurement.
Dated: October 31, 2007.
Al Matera,
Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 5, and 13 as set
forth below:
[[Page 63076]]
0
1. The authority citation for 48 CFR parts 2, 4, 5, and 13 continues to
read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 2--DEFINITIONS OF WORDS AND TERMS
2.101 [Amended]
0
2. Amend section 2.101(b)(2) by removing the definition ``Federal
Acquisition Computer (Network FACNET) Architecture.''
PART 4--ADMINISTRATIVE MATTERS
0
3. Amend section 4.502 by revising paragraph (b)(2) to read as follows:
4.502 Policy.
* * * * *
(b) * * *
(2) Are implemented only after considering the full or partial use
of existing infrastructures;
* * * * *
PART 5--PUBLICIZING CONTRACT ACTIONS
5.101 [Amended]
0
4. Amend section 5.101 by removing from paragraph (a)(2)(ii) the words
``or Federal Acquisition Computer Network (FACNET)''.
0
5. Amend section 5.102 by revising paragraph (a)(3) to read as follows:
5.102 Availability of solicitations.
(a) * * *
(3) The contracting officer must ensure that solicitations
transmitted using electronic commerce are forwarded to the GPE to
satisfy the requirements of paragraph (a)(1) of this section.
* * * * *
0
6. Amend section 5.201 by revising paragraph (b)(2) to read as follows:
5.201 General.
* * * * *
(b) * * *
(2) When transmitting notices using electronic commerce,
contracting officers must ensure the notice is forwarded to the GPE.
* * * * *
5.203 [Amended]
0
7. Amend section 5.203 in paragraph (b) by removing the words ``via
FACNET or for which'' and adding the word ``where'' in its place.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
13.104 [Amended]
0
8. Amend section 13.104 by removing from paragraph (b) the words
``using either FACNET or''.
0
9. Amend section 13.105 by revising paragraph (a) to read as follows:
13.105 Synopsis and posting requirements.
(a) The contracting officer must comply with the public display and
synopsis requirements of 5.101 and 5.203 unless an exception in 5.202
applies.
* * * * *
0
10. Amend section 13.106-1 by revising paragraph (f) to read as
follows:
13.106-1 Soliciting competition.
* * * * *
(f) Inquiries. An agency should respond to inquiries received
through any medium (including electronic commerce) if doing so would
not interfere with the efficient conduct of the acquisition.
13.106-2 [Amended]
0
11. Amend section 13.106-2 by removing from paragraph (b)(4)
introductory text the words ``FACNET or''.
13.106-3 [Amended]
0
12. Amend section 13.106-3 by removing from paragraph (c) the words
``FACNET or''.
13.307 [Amended]
0
13. Amend section 13.307 by removing from paragraph (b)(1) ``via
FACNET,'' and the comma after ``electronically''.
[FR Doc. 07-5479 Filed 11-6-07; 8:45 am]
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