[Federal Register: August 11, 2009 (Volume 74, Number 153)]
[Rules and Regulations]
[Page 40459-40460]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au09-22]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 5 and 7
[FAC 2005-36; FAR Case 2008-038; Item I; Docket 2009-0028, Sequence 1]
RIN 9000-AL32
Federal Acquisition Regulation; FAR Case 2008-038, Federal
Technical Data Solution (FedTeDS)
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) are issuing a final rule to
amend the Federal Acquisition Regulation (FAR) to reflect that FedTeDS
capabilities have been incorporated into the Governmentwide Point of
Entry (GPE). References to FedTeDS are amended to reflect the GPE i.e.,
FedBizOpps system.
DATES: Effective Date: September 10, 2009.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Ed Loeb, Director, Contract Policy Division at (202) 501-0650. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-36, FAR
case 2008-038.
SUPPLEMENTARY INFORMATION:
A. Background
The Federal Technical Data Solution (FedTeDS) is the system that
was used for the past several years to post on-line technical data
packages and other items associated with solicitations that required
some level of access control. It was interfaced directly with the
Governmentwide Point of Entry (GPE) i.e., FedBizOpps system. In April
2008, a new version of the GPE was launched. This version incorporated
the capabilities of FedTeDS, thereby allowing FedTeDS to be retired.
FAR Sections 5.102, 5.207 and 7.105 will be amended to (1) remove all
references to FedTeDS and refer to the enhanced controls of the GPE,
(2) address technical data availability via GPE in lieu of FedTeDS, and
(3) substitute GPE in lieu of FedTeDS in references to acquisition
plans.
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
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant FAR revision within the
meaning of FAR 1.501 and Public Law 98-577, and publication for public
comments is not required. However, the Councils will consider comments
from small entities concerning the affected FAR Parts 5 and 7 in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 601, et seq. (FAC 2005-36,
FAR case 2008-038), in all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the final rule
does not contain any 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 5 and 7
Government procurement.
Dated: August 4, 2009.
Al Matera,
Director, Office of Acquisition Policy.
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Therefore, DoD, GSA, and NASA amend 48 CFR parts 5 and 7 as set forth
below:
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1. The authority citation for 48 CFR parts 5 and 7 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).
[[Page 40460]]
PART 5--PUBLICIZING CONTRACT ACTIONS
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2. Amend section 5.102 by--
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a. Revising paragraph (a)(4) and the introductory text of paragraph
(a)(5);
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b. Removing paragraph (a)(5)(iii); and
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c. Redesignating paragraph (a)(5)(iv) as (a)(5)(iii).
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The revised text reads as follows:
5.102 Availability of solicitations.
(a) * * *
(4) When an agency determines that a solicitation contains
information that requires additional controls to monitor access and
distribution (e.g., technical data, specifications, maps, building
designs, schedules, etc.), the information shall be made available
through the enhanced controls of the GPE, unless an exception in
paragraph (a)(5) of this section applies. The GPE meets the synopsis
and advertising requirements of this part.
(5) The contracting officer need not make a solicitation available
through the GPE as required in paragraph (a)(4) of this section, when--
* * * * *
5.207 [Amended]
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3. Amend section 5.207 by removing from paragraph (c)(18) ``FedTeDS
(https://www.fedteds.gov)'' and adding ``http://www.fedbizopps.gov'' in
its place.
PART 7--ACQUISITION PLANNING
7.105 [Amended]
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4. Amend section 7.105 by removing from paragraph (b)(15) ``Federal
Technical Data Solution (FedTeDS)'' and adding ``enhanced controls of
the GPE at http://www.fedbizopps.gov'' in its place.
[FR Doc. E9-19162 Filed 8-10-09; 8:45 am]
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