Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).
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.
Effective Date: December 7, 2007Start Further Info
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.End Further Info End Preamble Start Supplemental Information
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.Start List of Subjects
List of Subjects in 48 CFR Parts 2, 4, 5, and 13.End List of Subjects Start Signature
Dated: October 31, 2007.
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA amendEnd Amendment Part Start Amendment Part
1. The authority citation forEnd Amendment Part Start Part
PART 2—DEFINITIONS OF WORDS AND TERMS
2. Amend section 2.101(b)(2) by removing the definition “Federal Acquisition Computer (Network FACNET) Architecture.”End Amendment Part Start Part
PART 4—ADMINISTRATIVE MATTERSEnd Part Start Amendment Part
3. Amend section 4.502 by revising paragraph (b)(2) to read as follows:End Amendment Part
(b) * * *
(2) Are implemented only after considering the full or partial use of existing infrastructures;
PART 5—PUBLICIZING CONTRACT ACTIONS
4. Amend section 5.101 by removing from paragraph (a)(2)(ii) the words “or Federal Acquisition Computer Network (FACNET)”.End Amendment Part Start Amendment Part
5. Amend section 5.102 by revising paragraph (a)(3) to read as follows:End Amendment Part
(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.
6. Amend section 5.201 by revising paragraph (b)(2) to read as follows:End Amendment Part
(b) * * *
(2) When transmitting notices using electronic commerce, contracting officers must ensure the notice is forwarded to the GPE.
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.End Amendment Part Start Part
PART 13—SIMPLIFIED ACQUISITION PROCEDURES
8. Amend section 13.104 by removing from paragraph (b) the words “using either FACNET or”.End Amendment Part Start Amendment Part
9. Amend section 13.105 by revising paragraph (a) to read as follows:End Amendment Part
(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.
10. Amend section 13.106-1 by revising paragraph (f) to read as follows:End Amendment Part
(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.
11. Amend section 13.106-2 by removing from paragraph (b)(4) introductory text the words “FACNET or”.End Amendment Part
12. Amend section 13.106-3 by removing from paragraph (c) the words “FACNET or”.End Amendment Part
13. Amend section 13.307 by removing from paragraph (b)(1) “via FACNET,” and the comma after “electronically”.End Amendment Part End Supplemental Information
[FR Doc. 07-5479 Filed 11-6-07; 8:45 am]
BILLING CODE 6820-EP-S