[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Rules and Regulations]
[Pages 25194-25195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11311]



Defense Acquisition Regulations System

48 CFR Parts 247 and 252

[Docket DARS-2019-0023]
RIN 0750-AK64

Defense Federal Acquisition Regulation Supplement: Repeal of 
DFARS Clause ``Ordering Limitation'' (DFARS Case 2019-D026)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


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-


I. Background

    DoD is amending the DFARS to remove DFARS clause 252.247-7012, 
Ordering Limitation, and the associated prescription at DFARS 247.271-
3(g). This DFARS clause is included in solicitations and contract when 
an indefinite-delivery contract for the preparation of personal 
property for movement or storage, or for performance of intra-city or 
intra-area movement, is contemplated. The clause advises a contractor 
of the manner in which the Government will place orders for requisite 
supplies and services in consideration of the contractor's guaranteed 
maximum daily capacity.
    Federal Acquisition Regulation (FAR) clause 52.216-19, Ordering 
Limitations, is also included in solicitations and contracts for 
indefinite-delivery contracts and identifies: The minimum and maximum 
order quantities or values; a limitation on ordering, within a 
specified number of days, a total amount or quantity that exceeds the 
maximum order quantities or values; and, the terms and conditions for 
placing, accepting, or refusing orders that exceed the maximum ordering 
limitations identified in the clause. Upon review of the DFARS and FAR 
clause and based on current transportation practices, DoD determined 
that the FAR clause adequately addresses the necessary terms and 
conditions on minimum and maximum ordering limitations for the 
preparation of personal property for

[[Page 25195]]

movement or storage, or performance of intra-city or intra-area 
movement. In the event that supplemental information on ordering in 
excess of a contractor's guaranteed maximum capability is necessary in 
a solicitation or contract, the information can be included and more 
appropriately belongs in the ordering procedures of the contract. As 
the FAR clause adequately meets DoD needs, this DFARS clause 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 this 
clause. The DoD Task Force reviewed the requirements of DFARS clause 
252.247-7012, Ordering Limitation, 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 clause 252.247-7012, Ordering 
Limitation. 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 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 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:

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.


247.271-3  [Amended]

2. Amend section 247.271-3 by--
a. Removing paragraph (g); and
b. Redesignating paragraphs (h) through (n) as (g) through (m).


252.247-7012  [Removed and Reserved]

3. Remove and reserve section 252.247-7012.

252.247-7013  [Amended]

4. Amend section 252.247-7013 introductory text by removing ``247.270-
3(h)'' and adding ``247.271-3(g)'' in its place.

252.247-7014  [Amended]

5. Amend section 252.247-7014 introductory text by removing ``247.270-
3(i)'' and adding ``247.271-3(h)'' in its place.

252.247-7016  [Amended]

6. Amend section 252.247-7016 introductory text by removing ``247.270-
3(k)'' and adding ``247.271-3(i)'' in its place.

252.247-7017  [Amended]

7. Amend section 252.247-7017 introductory text by removing ``247.270-
3(l)'' and adding ``247.271-3(j)'' in its place.

252.247-7018  [Amended]

8. Amend section 252.247-7018 introductory text by removing ``247.270-
3(m)'' and adding ``247.271-3(k)'' in its place.

252.247-7019  [Amended]

9. Amend section 252.247-7019 introductory text by removing ``247.270-
3(n)'' and adding ``247.271-3(l)'' in its place.

[FR Doc. 2019-11311 Filed 5-30-19; 8:45 am]