[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Rules and Regulations]
[Pages 42788-42789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18247]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 247 and 252

[Docket DARS-2018-0041]
RIN 0750-AK04


Defense Federal Acquisition Regulation Supplement: Repeal of 
DFARS Clause ``Removal of Contractor's Employees'' (DFARS Case 2018-
D042)

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 no 
longer necessary.

DATES: Effective August 24, 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 252.247-7006, 
Removal of Contractor's Employees, and the associated clause 
prescription at DFARS 247.270-4. The DFARS clause served as an 
agreement from the contractor to only use experienced, responsible, and 
capable people to perform the work under the stevedoring contract. The 
clause also advised the contractor that the contracting officer may 
require the contractor to remove from the job, employees who endanger 
persons or property or whose employment is inconsistent with the 
interest of military security.

II. Discussion and Analysis

    The information conveyed in DFARS clause 252.247-7006 is directly 
related to performance of the work under a stevedoring contract. It is 
more appropriate to define what the Government considers an 
experienced, responsible, and capable employee to be in a performance 
work statement, not a contract clause, because those requirements may 
change depending on various factors of the work being performed. If the 
need to remove employees from performing under the contract exists, it 
should be identified in the performance work statement. The removal and 
replacement of employees directly relates to the contractor's ability 
to perform and staff the work under the contract. As such, this DFARS 
clause is unnecessary and 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 notice 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. One public comment was received on this

[[Page 42789]]

clause. The comment recommended elimination of the clause, as it is 
unnecessary. Subsequently, the DoD Task Force reviewed the requirements 
of DFARS clause 252.247-7006, Removal of Contractor's Employees, and 
determined that the DFARS coverage was unnecessary and recommended 
removal.

III. Applicability to Contracts At or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This rule only removes obsolete DFARS clause 252.247-7006, Removal 
of Contractor's Employees. 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.

IV. Executive Orders 12866 and 13563

    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).

V. Executive Order 13771

    This rule is not an E.O. 13771, Reducing and Controlling Regulatory 
Costs, regulatory action, because this rule is not significant under 
E.O. 12866.

VI. 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 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 
requirement from the DFARS.

VII. 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 VI. 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.

VIII. 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 247 and 252

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 247 and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 247 and 252 continues to 
read as follows:

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

PART 247--TRANSPORTATION


247.270-4   [Amended]

0
1. Amend section 247.270-4 by--
0
a. Removing paragraph (f); and
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b. Redesignating paragraph (g) as paragraph (f).

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.247-7006   [Removed and Reserved]

0
2. Remove and reserve section 252.247-7006.


252.247-7007   [Amended]

0
3. Amend section 252.247-7007, in the introductory text, by removing 
``247.270-4(g)'' and adding ``247.270-(f)'' in its place.

[FR Doc. 2018-18247 Filed 8-23-18; 8:45 am]
 BILLING CODE 6820-ep-P