[Federal Register: May 12, 2006 (Volume 71, Number 92)]
[Rules and Regulations]               
[Page 27645-27646]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Part 239

[DFARS Case 2003-D056]

Defense Federal Acquisition Regulation Supplement; Basic 
Agreements for Telecommunications Services

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to update text pertaining to 
the use of basic agreements in the acquisition of telecommunications 
services. This rule is a result of a transformation initiative 
undertaken by DoD to dramatically change the purpose and content of the 

DATES: Effective Date: May 12, 2006.

Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-2022; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D056.


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 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 

    This final rule is a result of the DFARS Transformation initiative. 
The rule deletes procedures at DFARS 239.7407-1 and 239.7407-2 
regarding the use of basic agreements and communication service 
authorizations for the acquisition of telecommunications services. Text 
on this subject has been relocated to the new DFARS companion resource, 
Procedures, Guidance, and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi

    DoD published a proposed rule at 69 FR 67883 on November 22, 2004. 
One source submitted comments on the proposed rule. The respondent 
recommended retention of the DFARS text on communication service 
authorizations, as the respondent believed that relocation of this text 
to PGI would eliminate DoD's regulatory authority to issue 
communication service authorizations. DoD disagrees with the 
respondent's position. Consistent with the definition of PGI at DFARS 
202.101, the rule relocates internal DoD procedures regarding the use 
of communication service authorizations to PGI. However, the rule 
retains a policy statement in DFARS 239.7407 that provides the 
regulatory authority for issuance of communication service 
authorizations. Therefore, DoD has adopted the proposed rule as a final 
rule without change.
    This rule was not subject to Office of Management and Budget review 

[[Page 27646]]

Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies 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 updates and streamlines DFARS text, but makes no 
significant change to DoD policy for the acquisition of 
telecommunications services.

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, 48 CFR part 239 is amended as follows:


1. The authority citation for 48 CFR Part 239 continues to read as 

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

2. Section 239.7407 is added to read as follows:

239.7407  Type of contract.

    When acquiring telecommunications services, the contracting officer 
may use a basic agreement (see FAR 16.702) in conjunction with 
communication service authorizations. When using this method, follow 
the procedures at PGI 239.7407.

239.7407-1 and 239.7407-2  [Removed]

3. Sections 239.7407-1 and 239.7407-2 are removed.

[FR Doc. 06-4466 Filed 5-11-06; 8:45 am]