Federal Acquisition Regulation: Removal of Regulations Relating to Telegraphic Communication

AGENCY:

Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

ACTION:

Final rule.

SUMMARY:

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to delete the use of “telegram,” “telegraph,” and related terms. The objective is to delete references to obsolete technologies no longer in use and replace with references to electronic communications. In addition, conforming changes are made regarding expedited notices of termination and change orders.

DATES:

Effective: December 19, 2016.

FOR FURTHER INFORMATION CONTACT:

Ms. Camara Francis, Procurement Analyst, at 202-550-0935 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FAC 2005-92, FAR Case 2015-035.

SUPPLEMENTARY INFORMATION:

I. Background

DoD, GSA, and NASA published a proposed rule in Federal Register at 81 FR 36245 on June 6, 2016, soliciting public comments on this rule, to amend the FAR to delete the use of the terms “telegram,” “telegraph,” “telegraphic,” and related terminology and make conforming changes to the instructions for expedited notices of termination and change orders.

This rule is consistent with the Office of Federal Procurement Policy (OFPP) memorandum dated December 4, 2014, on transforming the marketplace, which describes ongoing actions to support the needs of a 21st century Government.

Two public comments were received supporting the changes.

II. Discussion and Analysis

The Councils reviewed the public comments in development of the final rule.

A. Summary of Significant Changes

There were no changes made to the rule as a result of the comments received.

B. Analysis of Public Comments

Comment: Two respondents expressed support for the changes, highlighting the benefit of removing outdated terms and modernizing technologies and regulations.

Response: The Government notes the public support for this rule.

III. Executive Orders 12866 and 13563

Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

DoD, GSA, and NASA have prepared a Final Regulatory Flexibility Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The FRFA is summarized as follows:

The final rule amends the Federal Acquisition Regulation (FAR) to delete the use of “telegram,” “telegraph,” and related terms. These terms are replaced with an option for electronic communications. The objective is to delete obsolete technologies no longer in use within the context of the FAR requirements. This proposed rule is consistent with the Office of Federal Procurement Policy (OFPP) memorandum dated December 4, 2014, on transforming the marketplace, which describes ongoing actions to support the needs of a 21st century Government.

There were no significant issues raised by the public in response to the Initial Regulatory Flexibility Analysis provided in the proposed rule.

The final rule would apply to all entities, both small and other than small, performing as contractors or subcontractors on U.S. Government contracts. In 2014 there were about 350,000 active registrants in the System for Award Management (SAM). DoD, GSA, and NASA estimate approximately half of the registrants (175,000) are small entities that will receive a contract or subcontract in a given year. In 2014 small entities received 1,398,605 or about 9 percent of all actions in that year per the Federal Procurement Data System (FPDS). However, the small entities are not expected to be affected by this rule, as the only change provided in this rule is a revision of the means of disseminating contract termination documents between the Government and contractors. This change only affects the Government's responsibility for transmitting termination notices.

Interested parties may obtain a copy of the FRFA from the Regulatory Secretariat Division. The Regulatory Secretariat Division has submitted a copy of the FRFA to the Chief Counsel for Advocacy of the Small Business Administration.

V. Paperwork Reduction Act

The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 5, 14, 19, 22, 25, 28, 43, 47, 49, 52, and 53

• Government procurement

Therefore, DoD, GSA, and NASA amend 48 CFR parts 5, 14, 19, 22, 25, 28, 43, 47, 49, 52, and 53 as follows:

1. The authority citation for 48 CFR parts 5, 14, 19, 22, 25, 28, 43, 47, 49, 52, and 53 continues to read as follows:

Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113.

PART 5—PUBLICIZING CONTRACT ACTIONS

2. Amend section 5.504 by removing from paragraph (d) “telegrams,”.

PART 14—SEALED BIDDING

3. Amend section 14.201-6 by removing and reserving paragraph (g).

4. Remove and reserve section 14.202-2.

5. Amend section 14.208 by revising paragraph (b) to read as follows:

6. Amend section 14.301 by removing paragraph (b) and redesignating paragraphs (c) through (e) as paragraphs (b) through (d), respectively.

7. Revise section 14.302 to read as follows:

8. Amend section 14.303 by revising paragraph (a) to read as follows:

9. Amend section 14.407-3 by removing paragraph (g)(4) and redesignating paragraph (g)(5) as (g)(4).

10. Amend section 14.408-1 by removing from paragraph (d)(2) “telegrams or electronic transmissions” and adding “electronic communications” in its place.

PART 19—SMALL BUSINESS PROGRAMS

11. Amend section 19.302 by removing from paragraph (d)(1)(ii) “telegram,”.

PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

12. Amend section 22.1003-3 by removing from paragraph (d) “telegraph,”.

PART 25—FOREIGN ACQUISITION

13. Amend section 25.401, in the table, by removing from paragraph (b)(2)(iii) “telegraph services,”, and removing “ 47 U.S.C. 153(20)” and adding “47 U.S.C. 153(24)” in its place.

PART 28—BONDS AND INSURANCE

14. Amend section 28.101-4 by removing paragraph (c)(6) and redesignating paragraphs (c)(7) through (9) as paragraphs (c)(6) through (8), respectively.

PART 43—CONTRACT MODIFICATIONS

15. Amend section 43.201 by revising paragraph (c) to read as follows:

PART 47—TRANSPORTATION

16. Amend section 47.305-10 by revising paragraph (c) to read as follows:

PART 49—TERMINATION OF CONTRACTS

17. Amend section 49.102 by revising the introductory text of paragraph (a) to read as follows:

18. Amend section 49.601-1 by—

a. Revising the section heading;

b. Adding introductory text;

c. Removing from paragraph (a) “telegraphic”, “[ insert “immediately””, and “Telegraph”, and adding “electronic”, “[insert “immediately, (today's date)””, and “Provide by electronic means” in their places, respectively; and

d. Removing from paragraph (b) “telegraphic”, “[ insert “immediately””, and “Telegraph”, and adding “electronic”, “[insert “immediately, (today's date)””, and “Provide by electronic means” in their places, respectively.

The revision and addition reads as follows:

19. Amend section 49.601-2 by—

a. Revising the third and fourth sentences of the introductory text;

b. Removing from paragraph (a), “telegram” and adding “electronic notice” in its places (two times); and

c. Revising the introductory text of the Alternate notice.

The revisions read as follows:

PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

20. Amend section 52.214-3 by revising the date of the provision and paragraph (b) to read as follows:

21. Amend section 52.214-5 by—

a. Revising the date of the provision;

b. Removing paragraph (c); and

c. Redesignating paragraphs (d) and (e), as paragraphs (c) and (d), respectively.

The revision reads as follows:

22. Remove and reserve section 52.214-13.

PART 53—FORMS

23. Amend section 53.213 by removing from paragraph (b) “( 10/83)” and adding “(11/2016)” in its place.

24. Amend section 53.215-1 by removing from paragraph (b) “( 10/83)” and adding “(11/2016)” in its place.

25. Amend section 53.243, introductory text, by removing “( 10/83)” and adding “(11/2016)” in its place.

26. Revise 53.301-30 to read as follows: