DATE: November 1, 2004
SUBJECT: Federal Acquisition Regulation (FAR); Federal Technical Data Solution (FedTeDS)
SOURCE: Federal Register, November 1, 2004, Vol. 69, No. 210, page 63435
AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
ACTION: Proposed Rule
SYNOPSIS: It is proposed that the FAR be amended to provide for access and distribution of solicitation requirements or other documents (such a technical specifications, maps, building designs, and schedules) through the Federal Technical Data Solution (FedTeDS) website (https://www.fedteds.gov) instead of through FedBizOpps (http://www.fedbizopps.gov) when controls on the release and distribution of such information are necessary.
EDITOR'S NOTE: For more on FedTeDS, see the March 6, 2003, FEDERAL CONTRACTS DISPATCH "Office of Management and Budget (OMB); Initiation of Federal Technical Data Solution."
DATES: Comments should be submitted on or before January 3, 2005.
ADDRESSES: Submit comments, identified by "FAR Case 2004-007," to: (1) http://www.regulations.gov; (2) http://www.acqnet.gov/far/ProposedRules/proposed.htm; (3) e-mail: firstname.lastname@example.org; (4) fax: 202-501-4067; or (5) mail: General Services Administration, Regulatory Secretariat (MVA), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT: Gerald Zaffos, 202-208-6091.
SUPPLEMENTAL INFORMATION: Under FAR 5.101, Methods of Disseminating Information, contracting officers are required to use FedBizOpps, the "Governmentwide Point of Entry" (GPE), to publish information about proposed contract actions estimated to be $25,000 or more. FAR 5.102, Availability of Solicitations, encourages contracting officers to "make accessible through the GPE additional information related to a solicitation" when practicable and cost-effective. However, because FedBizOpps is freely accessible, it is not appropriate for disseminating "sensitive but unclassified" (SBU) information related to operations, systems, structures, individuals, and services essential to the security and management of a facility, including telecommunications, electrical power, building facility structural layout, gas and oil storage and transportation, water supply, emergency services, continuity of operations, schedules, work hours, and security clearance requirements. Much of this information could pose a possible threat to national security if made public. A secure solution, FedTeDS, has been developed for this purpose.
Agencies will still be required to synopsize and post their solicitations on FedBizOpps. However, agencies will be able to monitor access and distribution of its SBU by providing a link from FedBizOpps to FedTeDS. By clicking on the link, a vendor will be taken to FedTeDS. Once in FedTeDS, the vendor will be able to download a copy of the information or request it on a compact disc if the contracting agency is making the information available on disc. However, to download the information or request a disc, the vendor must be registered in both the Central Contractor Registration (CCR) (http://www.ccr.gov) and FedTeDS. To register in FedTeDS, the vendor must have the Marketing Partner Identification Number (MPIN) it created when registering in CCR. The MPIN, together with the vendor's Commercial and Government Entity (CAGE) number or DUNS number, is used to register and obtain a password in FedTeDS. Because the vendor defines it, the MPIN with the CAGE or DUNS number provides a unique identifier for authenticating the individual obtaining the information. (EDITOR'S NOTE: A feature of FedTeDS that is available to vendors is "See My Colleagues," which allows the vendor to see who has been using the same CAGE code or DUNS number. This feature helps to insure that only authorized people have access.)
For acquisitions that are exempt from posting in FedBizOpps, an agency can send specific vendors an e-mail with a direct link to the information in FedTeDS. This allows an agency to avoid sending large attachments through an unsecured e-mail system.
This proposed rule would make the following changes to the FAR:
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.
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