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8564 Federal Register / Vol. 70, No.

34 / Tuesday, February 22, 2005 / Proposed Rules

(b) May be used as guidance in areas 237.7101 [Removed] DEPARTMENT OF DEFENSE


outside the United States for mortuary 4. Section 237.7101 is removed.
services for deceased military and 48 CFR Part 239
civilian personnel. 237.7102 [Redesignated as 237.7101] [DFARS Case 2003–D055]
237.7001 Method of acquisition. 5. Section 237.7102 is redesignated as
Defense Federal Acquisition
(a) Requirements type contract. By section 237.7101.
Regulation Supplement; Acquisition of
agreement among the military activities,
PART 252—SOLICITATION Telecommunications Services
one activity in each geographical area
will contract for the estimated PROVISIONS AND CONTRACT AGENCY:Department of Defense (DoD).
requirements for the care of remains for CLAUSES Proposed rule with request for
ACTION:
all military activities in the area. Use a comments.
requirements type contract (see FAR 252.237–7002 [Amended]
16.503) when the estimated annual 6. Section 252.237–7002 is amended SUMMARY: DoD is proposing to amend
requirements for the activities in the in the introductory text, and in the Defense Federal Acquisition
area are ten or more. Alternate I in the introductory text, by Regulation Supplement (DFARS) to
(b) Purchase order. Where no contract removing ‘‘237.7004’’ and adding in its update text pertaining to the acquisition
exists, use DD Form 1155, Order for of telecommunications services. This
place ‘‘237.7003.’’
Supplies and Services/Request for proposed rule is a result of a
Quotations, to obtain mortuary services. 252.237–7003 through 252.237–7009 transformation initiative undertaken by
[Amended] DoD to dramatically change the purpose
237.7002 Area of performance and
distribution of contracts.
and content of the DFARS.
7. Sections 252.237–7003 through
Follow the procedures at PGI DATES: Comments on the proposed rule
252.237–7009 are amended in the
237.7002 for— should be submitted in writing to the
introductory text by removing
(a) Defining the geographic area to be address shown below on or before April
‘‘237.7004’’ and adding in its place
covered by the contract; and 25, 2005, to be considered in the
‘‘237.7003.’’
(b) Distributing copies of the contract. formation of the final rule.
252.237–7010 [Removed and Reserved] ADDRESSES: You may submit comments,
237.7003 Solicitation provisions and identified by DFARS Case 2003–D055,
contract clauses. 8. Section 252.237–7010 is removed using any of the following methods:
(a) Use the provision at 252.237–7002, and reserved. • Federal eRulemaking Portal: http://
Award to Single Offeror, in all sealed www.regulations.gov. Follow the
bid solicitations for mortuary services. 252.237–7011 [Amended]
instructions for submitting comments.
Use the basic provision with its 9. Section 252.237–7011 is amended • Defense Acquisition Regulations
Alternate I in all negotiated solicitations in the introductory text by removing Web Site: http://emissary.acq.osd.mil/
for mortuary services. ‘‘237.7004’’ and adding in its place dar/dfars.nsf/pubcomm. Follow the
(b) Use the following clauses in all ‘‘237.7003.’’ instructions for submitting comments.
mortuary service solicitations and • E-mail: dfars@osd.mil. Include
contracts, except do not use the clauses 252.237–7012 through 252.237–7015 DFARS Case 2003-D055 in the subject
at 252.237–7004, Area of Performance, [Amended] line of the message.
in solicitations or contracts that include • Fax: (703) 602–0350.
10. Sections 252.237–7012 through
port of entry requirements: • Mail: Defense Acquisition
(1) 252.237–7003, Requirements, 252.237–7015 are amended in the
introductory text by removing Regulations Council, Attn: Mr. Bill Sain,
(insert activities authorized to place OUSD(AT&L)DPAP(DAR), IMD 3C132,
orders in paragraph (e) of the clause). ‘‘237.7102’’ and adding in its place
‘‘237.7101.’’ 3062 Defense Pentagon, Washington, DC
(2) 252.237–7004, Area of
20301–3062.
Performance.
(3) 252.237–7005, Performance and 252.237–7016 [Amended] • Hand Delivery/Courier: Defense
Delivery. Acquisition Regulations Council,
11. Section 252.237–7016 is amended Crystal Square 4, Suite 200A, 241 18th
(4) 252.237–7006, Subcontracting. in the introductory text, and in
(5) 252.237–7007, Termination for Street, Arlington, VA 22202–3402.
Alternates I and II in the introductory All comments received will be posted
Default. text, by removing ‘‘237.7102’’ and
(6) 252.237–7008, Group Interment. to http://emissary.acq.osd.mil/dar/
(7) 252.237–7009, Permits. adding in its place ‘‘237.7101.’’ dfars.nsf.
(8) 252.237–7011, Preparation 252.237–7017 and 252.237–7018 FOR FURTHER INFORMATION CONTACT: Mr.
History. [Amended] Bill Sain, (703) 602–0293.
(c) Use the clause at FAR 52.245–4,
12. Sections 252.237–7017 and SUPPLEMENTARY INFORMATION:
Government-Furnished Property (Short
Form), in solicitations and contracts that 252.237–7018 are amended in the A. Background
include port of entry requirements. introductory text by removing
DFARS Transformation is a major
3. Section 237.7100 is revised to read ‘‘237.7102’’ and adding in its place DoD initiative to dramatically change
as follows: ‘‘237.7101.’’ the purpose and content of the DFARS.
237.7100 Scope. [FR Doc. 05–3206 Filed 2–18–05; 8:45 am] The objective is to improve the
This subpart— BILLING CODE 5001–08–P efficiency and effectiveness of the
(a) Applies to contracts for laundry acquisition process, while allowing the
and dry cleaning services within the acquisition workforce the flexibility to
United States; and innovate. The transformed DFARS will
(b) May be used as guidance in areas contain only requirements of law, DoD-
outside the United States. wide policies, delegations of FAR

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Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Proposed Rules 8565

authorities, deviations from FAR PART 239—ACQUISITION OF Peterson, OUSD(AT&L)DPAP(DAR),


requirements, and policies/procedures INFORMATION TECHNOLOGY IMD 3C132, 3062 Defense Pentagon,
that have a significant effect beyond the Washington, DC 20301–3062.
internal operating procedures of DoD or 239.7401 [Amended] • Hand Delivery/Courier: Defense
a significant cost or administrative 2. Section 239.7401 is amended in Acquisition Regulations Council,
impact on contractors or offerors. paragraph (e) by removing ‘‘Security,’’ Crystal Square 4, Suite 200A, 241 18th
Additional information on the DFARS and adding in its place ‘‘Securing,.’’ Street, Arlington, VA 22202–3402.
Transformation initiative is available at 3. Section 239.7405 is revised to read All comments received will be posted
http://www.acq.osd.mil/dpap/dfars/ as follows: to http://emissary.acq.osd.mil/dar/
transf.htm. 239.7405 Delegated authority for
dfars.nsf.
This proposed rule is a result of the telecommunications resources. FOR FURTHER INFORMATION CONTACT: Ms.
DFARS Transformation initiative. The The contracting officer may enter into Michele Peterson, (703) 602–0311.
proposed changes— a telecommunications service contract SUPPLEMENTARY INFORMATION:
• Amend DFARS 239.7401 to update on a month-to-month basis or for any
terminology for consistency with the longer period or series of periods, not to A. Background
terminology used in the clause at exceed a total of 10 years. See PGI DFARS Transformation is a major
DFARS 252.239–7016; and 239.7405 for documents relating to this DoD initiative to dramatically change
• Revise DFARS 239.7405 to delete contracting authority, which the General the purpose and content of the DFARS.
obsolete text and to add text addressing Services Administration has delegated The objective is to improve the
DoD’s authority to enter into contracts to DoD. efficiency and effectiveness of the
for telecommunications services. [FR Doc. 05–3207 Filed 2–18–05; 8:45 am]
acquisition process, while allowing the
This rule was not subject to Office of acquisition workforce the flexibility to
BILLING CODE 5001–08–P
Management and Budget review under innovate. The transformed DFARS will
Executive Order 12866, dated contain only requirements of law, DoD-
September 30, 1993. DEPARTMENT OF DEFENSE wide policies, delegations of FAR
authorities, deviations from FAR
B. Regulatory Flexibility Act requirements, and policies/procedures
48 CFR Part 241
DoD does not expect this rule to have that have a significant effect beyond the
[DFARS Case 2003–D096]
a significant economic impact on a internal operating procedures of DoD or
substantial number of small entities Defense Federal Acquisition a significant cost or administrative
within the meaning of the Regulatory Regulation Supplement; Utility Rates impact on contractors or offerors.
Flexibility Act, 5 U.S.C. 601, et seq., Established by Regulatory Bodies Additional information on the DFARS
because the proposed rule makes no Transformation initiative is available at
significant change to policy for the AGENCY:Department of Defense (DoD). http://www.acq.osd.mil/dpap/dfars/
acquisition of telecommunications Proposed rule with request for
ACTION: transf.htm.
services. Therefore, DoD has not comments. This proposed rule is a result of the
performed an initial regulatory DFARS Transformation initiative. The
SUMMARY: DoD is proposing to amend proposed changes—
flexibility analysis. DoD invites
the Defense Federal Acquisition • Revise DFARS 241.201 to clarify
comments from small businesses and
Regulation Supplement (DFARS) to that utility rates established by
other interested parties. DoD also will
update text pertaining to utility rates independent regulatory bodies may be
consider comments from small entities
established by independent and relied upon as fair and reasonable; and
concerning the affected DFARS subpart
nonindependent regulatory bodies. This • Add DFARS 241.501 to clarify
in accordance with 5 U.S.C. 610. Such
proposed rule is a result of a requirements for use of contract clauses
comments should be submitted
transformation initiative undertaken by addressing changes in rates for regulated
separately and should cite DFARS Case
DoD to dramatically change the purpose and unregulated utility services.
2003–D055.
and content of the DFARS. This rule was not subject to Office of
C. Paperwork Reduction Act DATES: Comments on the proposed rule Management and Budget review under
The Paperwork Reduction Act does should be submitted in writing to the Executive Order 12866, dated
not apply because the rule does not address shown below on or before April September 30, 1993.
impose any information collection 25, 2005, to be considered in the
B. Regulatory Flexibility Act
requirements that require the approval formation of the final rule.
ADDRESSES: You may submit comments, DoD does not expect this rule to have
of the Office of Management and Budget
identified by DFARS Case 2003–D096, a significant economic impact on a
under 44 U.S.C. 3501, et seq.
using any of the following methods: substantial number of small entities
List of Subjects in 48 CFR Part 239 • Federal eRulemaking Portal: http:// within the meaning of the Regulatory
www.regulations.gov. Follow the Flexibility Act, 5 U.S.C. 601, et seq.,
Government procurement.
instructions for submitting comments. because the proposed rule contains
Michele P. Peterson, • Defense Acquisition Regulations clarifying amendments, with no
Editor, Defense Acquisition Regulations Web Site: http://emissary.acq.osd.mil/ significant change to contracting policy.
System. dar/dfars.nsf/pubcomm. Follow the Therefore, DoD has not performed an
instructions for submitting comments. initial regulatory flexibility analysis.
Therefore, DoD proposes to amend 48 • E-mail: dfars@osd.mil. Include DoD invites comments from small
CFR part 239 as follows: DFARS Case 2003–D096 in the subject businesses and other interested parties.
1. The authority citation for 48 CFR line of the message. DoD also will consider comments from
part 239 continues to read as follows: • Fax: (703) 602–0350. small entities concerning the affected
Authority: 41 U.S.C. 421 and 48 CFR • Mail: Defense Acquisition DFARS subparts in accordance with 5
chapter 1. Regulations Council, Attn: Ms. Michele U.S.C. 610. Such comments should be

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