[Federal Register Volume 84, Number 135 (Monday, July 15, 2019)]
[Rules and Regulations]
[Pages 33708-33709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14969]



Department of the Army

48 CFR Part 5152

[Docket No. USA-2019-DARS-0013]
RIN 0702-AB07

Repeal of Obsolete Acquisition Regulation: Solicitation 
Provisions and Contract Clauses

AGENCY: Department of the Army, DOD.

ACTION: Final rule.


SUMMARY: This final rule removes an obsolete Army acquisition 
regulation for contract clauses governing industrial preparedness 
production planning and government-furnished property.

DATES: This rule is effective on July 15, 2019.

FOR FURTHER INFORMATION CONTACT: Mr. John Courtis, 703-697-0888, Email: 
[email protected].

SUPPLEMENTARY INFORMATION: This final rule will remove 48 CFR part 
5152, ``Solicitation Provisions and Contract Clauses.'' Three contract 
clauses are removed by this rule. The clause at 5152.208-9001, 
Industrial preparedness planning, was codified on September 20, 1989 
(54 FR 38683) and never updated. The purpose of the clause was to 
clarify contractor responsibilities with respect to industrial 
preparedness planning, and was intended to be in place for a three-year 
test period. The clause is no longer needed because of a clause 
prescribed in a higher-level regulation. Specifically, the clause at 
DFARS 252.217-7001 (Surge Option) (codified July 31, 1991 (56 FR 
36479)) and most recently updated December 4, 2018 (83 FR 62503)), 
prescribed for use when a surge option is needed in support of 
industrial capability production planning, informs contractors that the 
Government has the option to increase the quantity, or accelerate the 
delivery, of supplies or services under the contract and provides the 
terms for the exercise of the option and subsequent delivery of the 
surge quantities.
    The clauses at 5152.245-9000, Government property for installation 
support services (fixed-price contracts); and the clause at 5152.245-
9001, Government property for installation support services (cost-
reimbursement contracts), were codified on September 27, 1989 (54 FR 
39539) and never updated. The purpose of the clauses was to clarify 
contractor responsibilities regarding government property provided to 
the contractor pursuant to, respectively, fixed-price contracts and

[[Page 33709]]

cost-reimbursement contracts. The clauses were intended to be in place 
for a two-year test period. These clauses are no longer needed because 
of clauses established in higher-level regulations. Specifically, the 
clause at FAR 52.245-1, ``Government Property,'' (codified May 15, 2007 
(72 FR 27390) and most recently updated January 13, 2017 (82 FR 4715)) 
contains requirements for the use, management, and disposal of 
government property. Several other FAR and Defense FAR Supplement 
(DFARS) clauses provide comprehensive coverage of various aspects of 
government property management.
    The removal of this 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. The DoD Task Force reviewed the requirements 
of 48 CFR part 5152 and determined that the coverage was obsolete and 
recommended removal.
    It has been determined that publication of this CFR part removal 
for public comment is impracticable, unnecessary, and contrary to 
public interest since it is based on removing obsolete information. 
Additionally, the statute that applies to the publication of the 
Federal Acquisition Regulation (FAR) is 41 U.S.C. 1707 entitled 
``Publication of Proposed Regulations.'' Paragraph (a)(1) of the 
statute 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 the Army is not issuing a new 
regulation; rather, this rule merely removes obsolete parts from 
chapter 51 of title 48 of the CFR.
    This rule is not significant under Executive Order (E.O.) 12866, 
``Regulatory Planning and Review''; therefore, the requirements of E.O. 
13771, ``Reducing Regulation and Controlling Regulatory Costs'' do not 

List of Subjects in 48 CFR Part 5152

    Government procurement.


Accordingly, by the authority of 5 U.S.C. 301, 48 CFR part 5152 is 

Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2019-14969 Filed 7-12-19; 8:45 am]