[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Rules and Regulations]
[Pages 30587-30588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14041]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 216, 247, and 252
[Docket DARS-2018-0031]
RIN 0750-AJ91
Defense Federal Acquisition Regulation Supplement: Repeal of
DFARS Clause ``Requirements'' (DFARS Case 2018-D030)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to remove a clause that is
duplicative of an existing Federal Acquisition Regulation (FAR) clause.
DATES: Effective June 29, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to remove the DFARS clause 252.216-7010,
Requirements, the Alternate clause, the associated clause prescription
at DFARS 216.506, and a cross-reference to the clause at DFARS 247.271-
3(p).
The DFARS clause is included in contracts for preparation of
personal property for movement or storage, or for intra-city or intra-
area movement; advises contractors that a requirements contract has
been issued and how quantities work under the contract; that the
delivery of items or performance of work is subject to the issuance of
orders; and, that the Government shall order all requirements covered
by the contract from the contractor, unless certain circumstances
apply.
FAR clause, 52.216-21, Requirements, advises contractors of the
same information in the DFARS clause, and also provides a date after
which the contractor is not required to make any deliveries under the
contract. The DFARS clause is no longer necessary, because the FAR
clause applies to the situations in which the DFARS clause is
prescribed for use and covers the information contained in the DFARS
clause. As such, this DFARS clause is now redundant and can be removed.
The removal of this DFARS clause supports a recommendation from the
DoD Regulatory Reform Task Force. On February 24, 2017, the President
signed Executive Order (E.O.) 13777, ``Enforcing the Regulatory Reform
Agenda,'' which established a Federal policy ``to alleviate unnecessary
regulatory burdens'' on the American people. In accordance with E.O.
13777, DoD established a Regulatory Reform Task Force to review and
validate DoD regulations, including the DFARS. A public notification of
the establishment of the DFARS Subgroup to the DoD Regulatory Reform
Task Force, for the purpose of reviewing DFARS provisions and clauses,
was published in the Federal Register at 82 FR 35741 on August 1, 2017,
and requested public input. No public comments were received on this
provision. Subsequently, the DoD Task Force reviewed the requirements
of DFARS clause 252.216-7010, Requirements, and determined that the
DFARS coverage was redundant and recommended removal.
II. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule does not add any new solicitation provisions or contract
clauses. This rule only removes obsolete DFARS provision 252.216-7010,
Requirements. Therefore, the rule does not impose any new requirements
on contracts at or below the simplified acquisition threshold and for
commercial items, including commercially available off-the-shelf items.
III. Executive Orders 12866 and 13563
Executive Order (E.O.) 12866, Regulatory Planning and Review; and
E.O. 13563, Improving Regulation and Regulatory Review, 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. The Office of Management and Budget, Office of Information
and Regulatory Affairs (OIRA), has determined that this is not a
significant regulatory action as defined under section 3(f) of E.O.
12866 and, therefore, was not subject to review under section 6(b).
This rule is not a major rule as defined at 5 U.S.C. 804(2).
IV. Executive Order 13771
This rule is not an E.O. 13771, Reducing Regulation and Controlling
Regulatory Costs, regulatory action, because this rule is not
significant under E.O. 12866.
V. Publication of This Final Rule for Public Comment Is Not Required by
Statute
The statute that applies to the publication of the Federal
Acquisition Regulation (FAR) is the Office of Federal Procurement
Policy statute (codified at title 41 of the United States Code).
Specifically, 41 U.S.C 1707(a)(1) requires that a procurement policy,
regulation, procedure or form (including an amendment or modification
thereof) must be published for public comment if it relates to the
expenditure of appropriated funds, and has either a significant effect
beyond the internal operating procedures of the agency issuing the
policy, regulation, procedure, or form, or has a significant cost or
administrative impact on contractors or offerors. This final rule is
not required to be published for public comment, because DoD is not
issuing a new regulation; rather, this rule merely removes an obsolete
clause from the DFARS.
VI. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under 41
U.S.C. 1707(a)(1) (see section V. of this preamble), the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Accordingly, no regulatory flexibility analysis is
required and none has been prepared.
VII. Paperwork Reduction Act
The rule does not contain any information collection requirements
that
[[Page 30588]]
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 216, 247, and 252
Government procurement.
Amy G. Williams,
Deputy, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 216, 247, and 252 are amended as follows:
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1. The authority citation for 48 CFR parts 216, 247, and 252 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 216--TYPES OF CONTRACTS
216.506 [Amended]
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2. In section 216.506, remove paragraph (d).
PART 247--TRANSPORTATION
247.271-3 [Amended]
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3. In section 247.271-3, remove paragraph (p).
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.216-7010 [Removed]
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4. Remove section 252.216-7010.
[FR Doc. 2018-14041 Filed 6-28-18; 8:45 am]
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