[Federal Register: September 16, 2005 (Volume 70, Number 179)]
[Proposed Rules]
[Page 54697-54698]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se05-32]
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DEPARTMENT OF DEFENSE
48 CFR Part 239
[DFARS Case 2003-D094]
Defense Federal Acquisition Regulation Supplement; Exchange or
Sale of Government-Owned Information Technology
AGENCY: Department of Defense (DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to delete obsolete procedures for the
exchange or sale of Government-owned information technology. This
proposed rule is a result of a transformation initiative undertaken by
DoD to dramatically change the purpose and content of the DFARS.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before November 15, 2005, to be
considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2003-D094,
using any of the following methods:
[cir] Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] Defense Acquisition Regulations Web site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm.
Follow the instructions for
submitting comments.
[cir] E-mail: dfars@osd.mil. Include DFARS Case 2003-D094 in the
subject line of the message.
[cir] Fax: (703) 602-0350.
[cir] Mail: Defense Acquisition Regulations Council, Attn: Ms.
Gabrielle Ward, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.
[cir] Hand Delivery/Courier: Defense Acquisition Regulations
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf
.
FOR FURTHER INFORMATION CONTACT: Ms. Gabrielle Ward, (703) 602-2022.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major DoD initiative to dramatically
change the purpose and content of the DFARS. The objective is to
improve the efficiency and effectiveness of the acquisition process,
while allowing the acquisition workforce the flexibility to innovate.
The transformed DFARS will
[[Page 54698]]
contain only requirements of law, DoD-wide policies, delegations of FAR
authorities, deviations from FAR requirements, and policies/procedures
that have a significant effect beyond the internal operating procedures
of DoD or a significant cost or administrative impact on contractors or
offerors. Additional information on the DFARS Transformation initiative
is available at http://www.acq.osd.mil/dpap/dars/dfars/transformation/index.htm
.
This proposed rule is a result of the DFARS Transformation
initiative. The rule revises DFARS Subpart 239.70 to delete obsolete
procedures for the exchange or sale of Government-owned information
technology. DoD now handles the exchange or sale of information
technology equipment in the same manner as other personal property, in
accordance with DoD 4140.1-R, DoD Supply Chain Materiel Management
Regulation. The proposed rule adds a reference to DoD 4140.1-R.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this rule 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 the proposed
DFARS change is limited to the deletion of obsolete procedures for the
exchange or sale of Government-owned information technology. Therefore,
DoD has not performed an initial regulatory flexibility analysis. DoD
invites comments from small businesses and other interested parties.
DoD also will consider comments from small entities concerning the
affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments
should be submitted separately and should cite DFARS Case 2003-D094.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose 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 Part 239
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR Part 239 as follows:
1. The authority citation for 48 CFR Part 239 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 239--ACQUISITION OF INFORMATION TECHNOLOGY
2. Subpart 239.70 is revised to read as follows:
Subpart 239.70--Exchange or Sale of Information Technology
Sec.
239.7001 Policy.
239.7001 Policy.
Agencies shall follow the procedures in DoD 4140.1-R, DoD Supply
Chain Materiel Management Regulation, Chapter 9, Section C9.5, when
considering the exchange or sale of Government-owned information
technology.
[FR Doc. 05-18471 Filed 9-15-05; 8:45 am]
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