[Federal Register: July 11, 2006 (Volume 71, Number 132)]
[Rules and Regulations]               
[Page 39009-39010]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy06-17]                         

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 239

[DFARS Case 2003-D094]

 
Defense Federal Acquisition Regulation Supplement; Exchange or 
Sale of Government-Owned Information Technology

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to delete obsolete procedures 
for the exchange or sale of Government-owned information technology. 
This rule is a result of a transformation initiative undertaken by DoD 
to dramatically change the purpose and content of the DFARS.

DATES: Effective Date: July 11, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. Bill Sain, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0293; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D094.

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 contain only requirements of law, DoD-wide 
policies, delegations of FAR authorities, deviations from FAR 
requirements, and policies/procedures

[[Page 39010]]

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 final 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 rule 
includes a reference to DoD 4140.1-R, at DFARS 239.7001.
    DoD published a proposed rule at 70 FR 54697 on September 16, 2005. 
DoD received no comments on the proposed rule. 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 
under 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 deletes procedures that have become obsolete with 
regard to the exchange or sale of Government-owned information 
technology.

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.

0
Therefore, 48 CFR part 239 is amended as follows:

PART 239-ACQUISITION OF INFORMATION TECHNOLOGY

0
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.

0
2. Subpart 239.70 is revised to read as follows:

Subpart 239.70--Exchange or Sale of Information Technology


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.

1 [FR Doc. E6-10852 Filed 7-10-06; 8:45 am]

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