[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]
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DEPARTMENT OF DEFENSE
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
(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 a clause that is no
longer necessary.
DATES: Effective September 13, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
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
Government.
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
necessary.
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:
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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.
PART 218--EMERGENCY ACQUISITIONS
218.170 [Amended]
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2. Amend section 218.170 in paragraph (k) by removing ``See
237.7003(b)'' and adding ``See 237.7003(a)'' in its place.
PART 237--SERVICE CONTRACTING
237.7003 [Amended]
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3. Amend section 237.7003 by--
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a. Removing paragraph (a); and
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b. Redesignating paragraphs (b) and (c) as paragraphs (a) and (b),
respectively.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.237-7002 [Removed and Reserved]
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4. Remove and reserve section 252.237-7002.
252.237-7003 [Amended]
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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]
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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]
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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]
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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]
0
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]
0
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]
0
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]
0
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]
BILLING CODE 5001-06-P