[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:
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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]
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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]
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3. Amend section 212.301 by--
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a. In paragraph (f)(vi)(A), removing ``215.408(3)(i)'' and adding
``215.408(2)(i)'' in its place;
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b. In paragraph (f)(vi)(B), removing ``215.408(3)(ii)'' and adding
``215.408(2)(ii)'' in its place;
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c. In paragraph (f)(vi)(D), removing ``215.408(4)'' and adding
``215.408(3)'' in its place;
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d. In paragraph (f)(vi)(E), removing ``215.408(6)(i)'' and adding
``215.408(5)(i)'' in its place;
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e. In paragraph (f)(vi)(E)(1), removing ``215.408(6)(i)(A)'' and adding
``215.408(5)(i)(A)'' in its place; and
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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]
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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]
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5. Amend section 215.408 by--
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a. Removing paragraph (1);
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b. Redesignating paragraphs (2) through (7) as paragraphs (1) through
(6);
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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
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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]
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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]
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8. Remove and reserve 252.215-7000.
252.215-7002 [Amended]
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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]
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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]
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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]
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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]
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14. Amend section 252.215-7010 by--
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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
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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]
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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]
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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]
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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