[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Rules and Regulations]
[Pages 48504-48506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19563]



Defense Acquisition Regulations System

48 CFR Parts 218, 237, and 252

[Docket DARS-2019-0054]
RIN 0750-AK61

Defense Federal Acquisition Regulation Supplement: Repeal of 
DFARS Provision ``Award to Single Offeror'' (DFARS Case 2019-D024)

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 September 13, 2019.

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


I. Background

    DFARS provision 252.237-7002, Award to Single Offeror, is included 
in solicitations for mortuary services that use sealed bidding 
procedures. The Alternate I provision is included in all solicitations 
for mortuary services that use negotiated procedures. The provision and 
the alternate advise offerors that an award will be made to a single 
offeror, that they must include a unit price for each item to be 
considered for award, and the Government will evaluate offers on the 
basis of the estimated quantities shown. The provision then advises 
offerors that award will be made to the responsive, responsible offeror 
whose total offer is the lowest price to the Government, while the 
alternate advises offerors that award will be made to the responsive, 
responsible offeror whose total offer is the best value to the 
    However, the contents of this DFARS provision are contained in 
other parts of the solicitation. Specifically, DoD policy and DFARS 
237.7001 require the solicitation and award of mortuary services to be 
accomplished using a requirements contract. Federal Acquisition 
Regulations (FAR) 16.503 advises that a requirements contract provides 
for filling all requirements of designated activities for supplies or 
services during a specified contract period from one contractor. FAR 
clause 52.216-21, Requirements, is included in all solicitations for 
and awards of requirements contracts, and advises

[[Page 48505]]

offerors of the Government's obligation described at FAR 16.503. As 
such, only single awards can be made in response to a mortuary services 
solicitation and the disclosure of this information in the DFARS 
provision is redundant.
    When a solicitation is issued, a contracting officer identifies the 
type of contract that will be awarded via FAR clause 52.216-1, Type of 
Contract, and must include a section in the solicitation document that 
identifies the basis upon which award will be made, along with all 
relevant evaluation factors. The remaining information in the DFARS 
provision is addressed elsewhere in the solicitation and is no longer 

II. Discussion and Analysis

    The removal of this DFARS provision implements 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 Regulatory Reform Task Force 
reviewed the requirements of DFARS clause 252.237-7002, determined that 
the DFARS coverage was unnecessary, and recommended its removal from 
the DFARS.

III. 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 provision 252.237-7002. The 
rule does not impose any new requirements on contracts at or below the 
simplified acquisition threshold or for commercial items, including 
commercially available off-the-shelf items.

IV. 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 solicitation provision from the DFARS.

V. Executive Orders 12866 and 13563

    E.O.s 12866 and E.O. 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.

VI. 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.

VII. 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 IV. 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.

VIII. 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 218, 237, and 252

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
    Therefore, 48 CFR parts 218, 237, and 252 are amended as follows:

1. The authority citation for 48 CFR parts 218, 237, and 252 continues 
to read as follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.


218.170   [Amended]

2. Amend section 218.170 in paragraph (k) by removing ``See 
237.7003(b)'' and adding ``See 237.7003(a)'' in its place.


237.7003   [Amended]

3. Amend section 237.7003 by--
a. Removing paragraph (a); and
b. Redesignating paragraphs (b) and (c) as paragraphs (a) and (b), 


252.237-7002  [Removed and Reserved]

4. Remove and reserve section 252.237-7002.

252.237-7003   [Amended]

5. Amend section 252.237-7003 introductory text by removing 
``237.7003(b)'' and adding ``237.7003(a) and (a)(1)'' in its place.

252.237-7004   [Amended]

6. Amend section 252.237-7004 introductory text by removing 
``237.7003(b)'' and adding ``237.7003(a) and (a)(2)'' in its place.

252.237-7005   [Amended]

7. Amend section 252.237-7005 introductory text by removing 
``237.7003(b)'' and adding ``237.7003(a) and (a)(3)'' in its place.

252.237-7006   [Amended]

8. Amend section 252.237-7006 introductory text by removing 
``237.7003(b)'' and adding ``237.7003(a) and (a)(4)'' in its place.

252.237-7007   [Amended]

Amend section 252.237-7007 introductory text by removing 
``237.7003(b)'' and adding ``237.7003(a) and (a)(5)'' in its place.

[[Page 48506]]

252.237-7008   [Amended]

Amend section 252.237-7008 introductory text by removing 
``237.7003(b)'' and adding ``237.7003(a) and (a)(6)'' in its place.

252.237-7009   [Amended]

Amend section 252.237-7009 introductory text by removing 
``237.7003(b)'' and adding ``237.7003(a) and (a)(7)'' in its place.

252.237-7011   [Amended]

Amend section 252.237-7011 introductory text by removing 
``237.7003(b)'' and adding ``237.7003(a) and (a)(8)'' in its place.

[FR Doc. 2019-19563 Filed 9-12-19; 8:45 am]