[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]
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DEPARTMENT OF DEFENSE
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-
D020)
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 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-
6093.
SUPPLEMENTARY INFORMATION:
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:
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
247.271-3 [Amended]
0
2. Amend section 247.271-3 by--
0
a. Removing paragraphs (a), (b), (d), (e), (g), (j), (k), and (l); and
0
b. Redesignating paragraphs (c), (f), (h), (i), and (m) as paragraphs
(a), (b), (c), (d), and (e), respectively.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.247-7008 [Removed and Reserved]
0
3. Remove and reserve section 252.247-7008.
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252.247-7009 [Removed and Reserved]
0
4. Remove and reserve section 252.247-7009.
252.247-7010 [Removed and Reserved]
0
5. Remove and reserve section 252.247-7010.
252.247-7011 [Removed and Reserved]
0
6. Remove and reserve section 252.247-7011.
252.247-7013 [Removed and Reserved]
0
7. Remove and reserve section 252.247-7013.
252.247-7014 [Amended]
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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]
0
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]
0
10. Remove and reserve section 252.247-7017.
252.247-7018 [Removed and Reserved]
0
11. Remove and reserve section 252.247-7018.
252.247-7019 [Removed and Reserved]
0
12. Remove and reserve 252.247-7019.
0
13. Amend section 252.247-7022 by--
0
a. In the clause heading, removing the date ``(AUG 1992)'' and adding
``(JUN 2019)'' in its place; and
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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]
BILLING CODE 5001-06-P