[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Rules and Regulations]
[Pages 25192-25194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11310]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 211 and 252

[Docket DARS-2019-0022]
RIN 0750-AK42


Defense Federal Acquisition Regulation Supplement: Repeal of 
DFARS Provision Regarding Availability of Specifications and Standards 
Not Listed in the Acquisition Streamlining and Standardization 
Information System (DFARS Case 2019-D007)

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 May 31, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.

[[Page 25193]]


SUPPLEMENTARY INFORMATION:

I. Background

    DoD is amending the DFARS to remove DFARS clause 252.211-7001, 
Availability of Specifications, Standards, and Data Item Descriptions 
Not Listed in the Acquisition Streamlining and Standardization 
Information System (ASSIST), and Plans, Drawings, and Other Pertinent 
Documents, and the associated clause prescription at DFARS 
211.204(c)(i). When solicitations identify requirements documents, FAR 
11.201 requires the documents to be furnished with the solicitation or 
the solicitation to include specific instructions for obtaining or 
examining such documents.
    DFARS provision 252.211-011 is included in solicitations that 
require the use of specifications, standards, and data item 
descriptions that are not listed in the ASSIST database. The provision 
provides offerors with the name and address of the activity from which 
the offeror can obtain a copy of the applicable documents, upon 
request. As implemented, the clause was intended for use in situations 
where the documents were not attached to the solicitation and an 
offeror could request a copy of the documents by mail.
    DFARS provision 252.211-7002, Examination of Specifications, 
Standards, Plans, Drawings, Data Item Descriptions and Other Pertinent 
Documents, is also available for use in solicitations that require the 
use of specifications, standards, and data item descriptions not listed 
in the ASSIST database. The text of DFARS provision 252.211-7002 
notifies offerors that the documents are unavailable for distribution 
(as an attachment to the solicitation) and includes a blank, to be 
completed by the contracting officer, to provide a physical address, 
email address, or name and phone number where the documents can be 
requested and/or obtained. It is no longer necessary to have two 
different provisions to communicate how or where an offeror can obtain 
or view documents associated with a solicitation. As such, DFARS 
provision 252.211-7001 is no longer necessary 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. No public comments were received on these 
provisions. The DoD Task Force reviewed the requirements of DFARS 
provision 252.211-7001, Availability of Specifications, Standards, and 
Data Item Descriptions Not Listed in the Acquisition Streamlining and 
Standardization Information System (ASSIST), and Plans, Drawings, and 
Other Pertinent Documents, and determined that the DFARS coverage was 
unnecessary 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 only removes obsolete DFARS provision 252.211-7001, 
Availability of Specifications, Standards, and Data Item Descriptions 
Not Listed in the Acquisition Streamlining and Standardization 
Information System (ASSIST), and Plans, Drawings, and Other Pertinent 
Documents. 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. 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 is merely removing an 
obsolete clause from the DFARS.

IV. Executive Orders 12866 and 13563

    E.O.s 12866 and 13563 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. This is not a 
significant regulatory action and, therefore, was not subject to review 
under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated 
September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

V. Executive Order 13771

    This rule is not subject to E.O. 13771, because this rule is not a 
significant regulatory action under E.O. 12866.

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 III. 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 211 and 252

    Government procurement.

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

    Therefore, 48 CFR parts 211 and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 211 and 252 continues to 
read as follows:

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

PART 211--DESCRIBING AGENCY NEED

0
2. Revise section 211.204 to read as follows:

[[Page 25194]]

211.204  Solicitation provisions and contract clauses.

    (c) When contract performance requires use of specifications, 
standards, and data item descriptions that are not listed in the 
Acquisition Streamlining and Standardization Information System 
database, use a provision, as appropriate, substantially the same as 
252.211-7002, Availability for Examination of Specifications, 
Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent 
Documents.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.211-7001  [Removed and Reserved]

0
3. Remove and reserve section 252.211-7001.

[FR Doc. 2019-11310 Filed 5-30-19; 8:45 am]
BILLING CODE 5001-06-P