[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]
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DEPARTMENT OF DEFENSE
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.
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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
apply.
List of Subjects in 48 CFR Part 5152
Government procurement.
PART 5152--[REMOVED]
0
Accordingly, by the authority of 5 U.S.C. 301, 48 CFR part 5152 is
removed.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2019-14969 Filed 7-12-19; 8:45 am]
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