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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: November 22, 2004

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Update of Clauses for Telecommunications Services

SOURCE: Federal Register, November 22, 2004, Vol. 69, No. 224, page 67885

AGENCIES: Department of Defense (DOD)

ACTION: Proposed Rule

SYNOPSIS: DOD is proposing to update the clauses related to DFARS Part 239, Acquisition of Information Technology, that pertain to telecommunications.

EDITOR'S NOTE: On February 11, 2003, DOD announced plans for conducting a "major transformation" of the DFARS (see the February 11, 2003, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS) Transformation"). The objective of the DFARS transformation 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 Federal Acquisition Regulation (FAR) requirements, and policies and procedures that have a significant effect beyond the internal operating procedures of DOD or a significant cost or administrative impact on contractors or offerors. All mandatory and non-mandatory internal DOD procedures, non-mandatory guidance, and supplemental information will be contained in the DFARS companion document, the Procedures, Guidance, and Information (PGI).

Additional information on the DFARS Transformation initiative is available at http://www.acq.osd.mil/dpap/dfars/transf.htm.

For more on the PGI, see the November 1, 2004, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Procedures, Guidance, and Information."

DATES: Comments on the proposed rule should be submitted on or before January 21, 2005.

ADDRESSES: Respondents may submit comments directly on the Federal eRulemaking Portal at http://www.regulations.gov; on the web site at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm; by e-mail to: dfars@acq.osd.mil; by fax to 703-602-0350; by mail to Defense Acquisition Regulations Council, Attn: Michele Peterson, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; or by courier/hand to Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402. Cite "DFARS Case 2003-D053" when making comments on this proposed rule.

FOR FURTHER INFORMATION CONTACT: Michele Peterson, 703-602-0311.

SUPPLEMENTAL INFORMATION: In response to the DFARS Transformation initiative, DOD is proposing to:

  1. Delete the obsolete clause DFARS 252.239-7003, Facilities and Services to be Furnished -- Common Carriers; and

  2. Expand the applicability of DFARS 252.239-7004, Orders for Facilities and Services; DFARS 252.239-7005, Rates, Charges, and Services; and DFARS 252.239-7007, Cancellation or Termination of Orders, to all carriers of telecommunications services. These clauses presently apply only to common carriers (that is, those subject to Federal Communications Commission or other governmental regulation). Expanding the applicability of these clauses to all carriers would reflect the current business environment, where the differences between common and noncommon carriers have become less distinct.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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