[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Rules and Regulations]
[Pages 49178-49179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20971]
[[Page 49177]]
Vol. 83
Friday,
No. 189
September 28, 2018
Part II
Department of Defense
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Defense Acquisition Regulations System
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48 CFR Parts 216, 247, and 252
Federal Acquisition Regulations; Defense Federal Acquisition Regulation
Supplement: Repeal of DFARS Clause ``Additional Services'' (DFARS Case
2018-D027); Repeal of DFARS Clause Indefinite Quantities--No Fixed
Charges; Repeal of DFARS Clause Award Fee; Repeal of DFARS Clause
Indefinite Quantities--Fixed Charges; Final Rules
Federal Register / Vol. 83 , No. 189 / Friday, September 28, 2018 /
Rules and Regulations
[[Page 49178]]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 247 and 252
[Docket DARS-2018-0043]
RIN 0750-AJ89
Defense Federal Acquisition Regulation Supplement: Repeal of
DFARS Clause ``Additional Services'' (DFARS Case 2018-D027)
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
outdated and no longer used.
DATES: Effective September 28, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to remove DFARS clause 252.247-7020,
Additional Services, and the associated clause prescription at DFARS
247.271-3. DFARS clause 252.247-7020 applies to personal property
movement and storage contracts when a need for services related to the
contract, but not specifically addressed in the contract, occurs during
contract performance.
The DFARS clause is included in contracts when acquiring services
for the preparation of personal property for movement or storage, or
for performance of intra-city or intra-area movement, and advises
contractors that the rates billed to the US Government for additional
services must be comparable to the rates for similar services on file
with the Military Traffic Management Command at the time of the order.
The DFARS clause is no longer necessary, as the requirement for
personal property movement and storage has evolved since the creation
of this clause. Coordination with multi-functional teams and proactive
communication with customers has better defined such additional
services, and the requirement for these services is included in the
performance work statement and resultant contract line item structure.
As such, this clause is no longer necessary.
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 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. No public comments were received on this
provision. Subsequently, the DoD Task Force reviewed the requirements
of DFARS clause 252.247-7020, Additional Services, 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 merely removes obsolete DFARS clause 252.247-7020,
Additional Services. 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 Executive Order (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 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:
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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.
[[Page 49179]]
PART 247--TRANSPORTATION
247.271-3 [Amended]
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2. Amend section 247.271-3 by--
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a. Removing paragraph (n); and
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b. Redesignating paragraph (o) as paragraph (n).
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.247-7020 [Removed and Reserved]
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3. Remove and reserve section 252.247-7020.
[FR Doc. 2018-20971 Filed 9-27-18; 8:45 am]
BILLING CODE 5001-06-P