[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Rules and Regulations]
[Pages 30824-30825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14044]



[[Page 30823]]

Vol. 83

Friday,

No. 126

June 29, 2018

Part II





Department of Defense





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Defense Acquisition Regulations System





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48 CFR Parts 202, 208, 212, et al.





Federal Acquisition Regulations; Final Rules

  Federal Register / Vol. 83 , No. 126 / Friday, June 29, 2018 / Rules 
and Regulations  

[[Page 30824]]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 208, 212, 214, 215, 216, 225, and 252

[Docket DARS-2018-0033]
RIN 0750-AJ93


Defense Federal Acquisition Regulation Supplement: Repeal of 
DFARS Clause ``Pricing Adjustments'' (DFARS Case 2018-D032)

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 
rendering the DFARS clause unnecessary.

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 252.215-7000, 
Pricing Adjustments, the clause prescription at DFARS 215.408, and the 
associated cross-references at DFARS 208.404, 212.301, 214.201, 
216.506, 225.870, and introductory text for various 252.215 clauses to 
adjust clause prescription references.
    The DFARS clause is included in solicitations and contracts that 
contain the FAR clause 52.215-11, Price Reduction for Defective 
Certified Cost or Pricing Data--Modifications, FAR 52.215-12, 
Subcontractor Certified Cost or Pricing Data, or FAR 52.215-13, 
Subcontractor Certified Cost or Pricing Data--Modifications. DFARS 
clause 252.215-7000 defines the term ``pricing adjustment'' as the 
aggregate increases and/or decreases in cost plus applicable profits. 
This term is adequately defined in the associated FAR clauses and this 
DFARS clause can be removed.
    The removal of this DFARS text 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 252.215-7000, Pricing Adjustments, 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 clause 252.215-7010, 
Pricing Adjustments. 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 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 208, 212, 214, 215, 216, 225, and 
252

    Government procurement.

Amy G. Williams,
Deputy, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 208, 212, 214, 215, 216, 225, and 252 are 
amended as follows:

0
1. The authority citation for parts 208, 212, 214, 215, 216, 225, and 
252 continues to read as follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

[[Page 30825]]

PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES


208.404   [Amended]

0
2. Amend section 208.404, in paragraph (a)(iv), by removing 
``215.408(3)'' and ``215.408(4)'' and adding ``215.371-6'' and 
``215.408(3)'' in their place, respectively.

PART 212--ACQUISITION OF COMMERCIAL ITEMS


212.301   [Amended]

0
3. Amend section 212.301 by--
0
a. In paragraph (f)(vi)(A), removing ``215.408(3)(i)'' and adding 
``215.408(2)(i)'' in its place;
0
b. In paragraph (f)(vi)(B), removing ``215.408(3)(ii)'' and adding 
``215.408(2)(ii)'' in its place;
0
c. In paragraph (f)(vi)(D), removing ``215.408(4)'' and adding 
``215.408(3)'' in its place;
0
d. In paragraph (f)(vi)(E), removing ``215.408(6)(i)'' and adding 
``215.408(5)(i)'' in its place;
0
e. In paragraph (f)(vi)(E)(1), removing ``215.408(6)(i)(A)'' and adding 
``215.408(5)(i)(A)'' in its place; and
0
f. In paragraph (f)(vi)(E)(2), removing ``215.408(6)(i)(B)'' and adding 
``215.408(5)(i)(B)'' in its place.

PART 214--SEALED BIDDING


214.201-6   [Amended]

0
4. Amend section 214.201-6 by removing ``215.408(3) and (4)'' and 
adding ``215.371-6 and 215.408(3)'' in its place.

PART 215--CONTRACTING BY NEGOTIATION


215.408   [Amended]

0
5. Amend section 215.408 by--
0
a. Removing paragraph (1);
0
b. Redesignating paragraphs (2) through (7) as paragraphs (1) through 
(6);
0
c. In newly redesignated paragraph (2)(i)(A)(2), removing ``paragraph 
(3)(i)(A)(1)'' and adding ``paragraph (2)(i)(A)(1) of this section'' in 
its place; and
0
d. In newly redesignated paragraphs (2)(ii)(A)(2) and (2)(ii)(A)(3)(i), 
removing ``paragraph (3)(ii)(A) (1)'' and adding ``paragraph 
(2)(ii)(A)(1) of this section'' in its place.

PART 216--TYPES OF CONTRACTS


216.506   [Amended]

0
6. Amend section 216.506, in paragraph (S-70), by removing ``215.408(3) 
and (4)'' and adding ``215.371-6 and 215.408(3)'' in its place.

PART 225--FOREIGN ACQUISITION


225.870-4  [Amended]

0
7. Amend section 225.870-4, in paragraph (c)(3), by removing 
``215.408(3)(i) and (ii)'' and adding ``215.408(2)(i) and (ii)'' in its 
place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.215-7000  [Removed and Reserved]

0
8. Remove and reserve 252.215-7000.


252.215-7002  [Amended]

0
9. Amend section 252.215-7002, in the introductory text, by removing 
``215.408(2)'' and adding ``215.408(1)'' in its place.


252.215-7003  [Amended]

0
10. Amend section 252.215-7003, in the introductory text, by removing 
``215.408(3)(i)'' and adding ``215.408(2)(i)'' in its place.


252.215-7004  [Amended]

0
11. Amend section 252.215-7004, in the introductory text, by removing 
``215.408(3)(ii)'' and adding ``215.408(2)(ii)'' in its place.


252.215-7008  [Amended]

0
12. Amend section 252.215-7008, in the introductory text, by removing 
``215.408(4)'' and adding ``215.408(3)'' in its place.


252.215-7009  [Amended]

0
13. Amend section 252.215-7009 by, in the Basic clause introductory 
text, removing ``215.408(5)'' and adding ``215.408(4)'' in its place.


252.215-7010  [Amended]

0
14. Amend section 252.215-7010 by--
0
a. In the Basic clause introductory text, removing ``215.408(6)(i) and 
(6)(i)(A)'' and adding ``215.408(5)(i) and (5)(i)(A)'' in its place; 
and
0
b. In the Alternate I clause introductory text, removing 
``215.408(6)(i) and (6)(i)(B)'' and adding ``215.408(5)(i) and 
(5)(i)(B)'' in its place.


252.215-7011  [Amended]

0
15. Amend section 252.215-7011, in the introductory text, by removing 
``215.408(6)(ii)'' and adding ``215.408(5)(ii)'' in its place.


252.215-7012  [Amended]

0
16. Amend section 252.215-7012, in the introductory text, by removing 
``215.408(6)(iii)'' and adding ``215.408(5)(iii)'' in its place.


252.215-7013  [Amended]

0
17. Amend section 252.215-7013, in the introductory text, by removing 
``215.408(7)'' and adding ``215.408(6)'' in its place.

[FR Doc. 2018-14044 Filed 6-28-18; 8:45 am]
 BILLING CODE 5001-06-P