[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Pages 30950-30952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13748]



Defense Acquisition Regulations System

48 CFR Parts 247 and 252

[Docket DARS-2019-0028]
RIN 0750-AK63

Defense Federal Acquisition Regulation Supplement: Repeal of 
Transportation Related DFARS Provisions and Clauses (DFARS Case 2019-

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 several 
transportation-related provisions and clauses, as well as a clause 
reference, that are no longer necessary.

DATES: Effective June 28, 2019.

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


I. Background

    The following DFARS provisions and clauses are included in 
solicitations and contracts for services to prepare personal property 
for movement or storage, or perform intra-city of intra-area movement 
of personal property--
     252.247-7008, Evaluation of Bids, which provides offerors 
with information on how the Government will evaluate bids received in 
response to a solicitation;
     252.247-7009, Award, which provides offerors with the 
basis upon which the Government will make a contract award;
     252.247-7010, Scope of Contract, which identifies the 
scope of the contractor's responsibility to provide supplies and 
services under the contract;
     252.247-7011, Period of Contract, which identifies the 
period of performance for the contract and the timeframes in which new 
orders may be placed or completed when the contract is close to its 
expiration date.
     252.247-7013, Contract Areas of Performance, which 
identifies the area of performance for the contract;
     252.247-7017, Erroneous Shipments, which identifies 
procedures for the contractor to follow in the event an incorrect 
shipment occurs under the contract;
     252.247-7018, Subcontracting, which requires the 
contractor to obtain

[[Page 30951]]

written approval from the Government prior to subcontracting work under 
the contract; and,
     252.247-7019, Drayage, which identifies the scope and 
applicable schedule for inbound and outbound drayage that occurs in 
connection with the contract.
    In reviewing these provisions and clauses, along with current 
practices for acquiring these transportation services, DoD subject 
matter experts in transportation services advised that the information 
contained in these provisions and clauses is specific to the 
requirement and/or within the contracting officer's discretion. When 
applicable, the information more appropriately belongs in solicitation 
instructions or a performance work statement to ensure offerors and 
contractors receive cohesive set of instructions and performance 
requirements. As such, these provisions and clauses are no longer 
necessary and can be removed.
    DFARS provision 252.247-7022, Representation of Extent of 
Transportation By Sea, is included in solicitations and requires an 
offeror to represent whether it anticipates that supplies will or will 
not be transported by sea in performance of the contract. The provision 
advises offerors that if a negative response is received to the 
representation, DFARS clause 252.247-7024 will be included in the 
subsequent contract. On February 15, 2019, DoD published a final rule 
(84 FR 4370) to repeal DFARS clause 252.247-7024, Notification of 
Transportation By Sea, and incorporate the text of the clause into 
DFARS clause 252.247-7023, Transportation of Supplies By Sea. As DFARS 
252.247-7024 has been repealed, the DFARS provision 252.247-7022 is 
being revised to remove the reference to the repealed clause.
    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 and clauses. The DoD Task Force reviewed the requirements of 
the transportation related DFARS provisions and clauses 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 transportation related DFARS 
provisions and clauses. 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 obsolete 
provisions and clauses from the DFARS and making one editorial change 
to a clause to remove a reference to an obsolete clause.

IV. 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, 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 subject to Executive Order (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 paragraphs (a), (b), (d), (e), (g), (j), (k), and (l); and
b. Redesignating paragraphs (c), (f), (h), (i), and (m) as paragraphs 
(a), (b), (c), (d), and (e), respectively.


252.247-7008   [Removed and Reserved]

3. Remove and reserve section 252.247-7008.

[[Page 30952]]

252.247-7009   [Removed and Reserved]

4. Remove and reserve section 252.247-7009.

252.247-7010   [Removed and Reserved]

5. Remove and reserve section 252.247-7010.

252.247-7011   [Removed and Reserved]

6. Remove and reserve section 252.247-7011.

252.247-7013   [Removed and Reserved]

7. Remove and reserve section 252.247-7013.

252.247-7014   [Amended]

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

252.247-7016   [Amended]

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

252.247-7017   [Removed and Reserved]

10. Remove and reserve section 252.247-7017.

252.247-7018   [Removed and Reserved]

11. Remove and reserve section 252.247-7018.

252.247-7019   [Removed and Reserved]

12. Remove and reserve 252.247-7019.

13. Amend section 252.247-7022 by--
a. In the clause heading, removing the date ``(AUG 1992)'' and adding 
``(JUN 2019)'' in its place; and
b. Revising paragraph (c).
    The revision reads as follows:

252.247-7022   Representation of extent of transportation by sea.

* * * * *
    (c) Any contract resulting from this solicitation will include the 
Transportation of Supplies by Sea clause.
* * * * *

[FR Doc. 2019-13748 Filed 6-27-19; 8:45 am]