[Federal Register Volume 85, Number 68 (Wednesday, April 8, 2020)]
[Proposed Rules]
[Pages 19722-19724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06731]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 211 and 252
[Docket DARS-2020-0006]
RIN 0750-AK60
Defense Federal Acquisition Regulation Supplement: Repeal of
DFARS Clause ``Substitutions for Military or Federal Specifications and
Standards'' (DFARS Case 2019-D023)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to remove internal agency guidance and a
clause that is no longer necessary, pursuant to action taken by the
Regulatory Reform Task Force.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before June 8, 2020, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2019-D023, using
any of the following methods:
Regulations.gov: http://www.regulations.gov. Search for
``DFARS Case 2019-D023'' under the heading ``Enter keyword or ID'' and
selecting ``Search.'' Select ``Comment Now'' and follow the
instructions provided to submit a comment. Please include ``DFARS Case
2019-D023'' on any attached document.
Email: [email protected]. Include DFARS Case 2019-D023 in
the subject line of the message.
Fax: 571-372-6094.
Mail: Defense Acquisition Regulations System, Attn: Carrie
Moore, OUSD(A&S)DPC/DARS, Room 3B941, 3060 Defense Pentagon,
Washington, DC 20301-3060.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
This rule proposes to remove DFARS subpart 211.273, Substitutions
for Military or Federal Specifications and Standards, and DFARS clause
252.211-7005, Substitutions for Military or Federal Specifications and
Standards, from the DFARS as the guidance and clause are no longer
necessary.
II. Discussion and Analysis
DFARS clause 252.211-7005 is included in solicitations and
contracts for the acquisition of previously developed items. The clause
encourages offerors to propose Single Process Initiative (SPI)
processes in lieu of military of Federal specifications; provides a
link to a Defense Contract Management Agency guidebook that lists
currently accepted SPI processes; and requires the offeror, when
proposing to use an SPI process, to provide certain information with
its offer.
DFARS subpart 211.273 provides DoD contracting officers internal
guidance on the use and acceptance of SPI processes in lieu of specific
military or Federal specifications and standards in contracts and
include the prescription for use of DFARS clause 252.211-7005.
[[Page 19723]]
The SPI process was established to aid DoD and contractors in the
transition from an acquisition environment of strict adherence to
military specifications to a balanced approach of commercial practices
and military specifications. The SPI permits offerors to propose
alternatives to military or Federal specifications and standards cited
in DoD solicitations for previously developed items. When SPI was
established, DoD was responsible for the management and oversight of
the initiative through the use of a Management Council, which included
representatives of the contractor, the military departments, and the
Defense Contract Management Agency, and the Defense Contract Audit
Agency.
Since the implementation of the SPI, acquisition reform efforts
have provided additional latitude to contracting officers and
contractors to utilize performance specifications and commercial
standards, in lieu of military and Federal specifications and
standards. As a result, the use of SPI has declined since its inception
and oversight and management of the initiative has transferred from a
DoD-enterprise responsibility to a DoD component-level responsibility.
Each component may manage the initiative to support its individual
needs and requirements; therefore, DoD enterprise-level guidance to
contracting officers and contractors is no longer necessary and can be
removed from the DFARS.
The removal of this DFARS text and clause 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 this clause. The DoD Task Force reviewed the
requirements of DFARS clause 252.211-7005, determined that the DFARS
coverage is no longer necessary, 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 proposed rule only removes obsolete internal guidance and
clause 252.211-7005 from the DFARS. 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. Executive Orders 12866 and 13563
E.O.s 12866 and 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.
V. 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.
VI. Regulatory Flexibility Act
DoD does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule is not creating any new requirements for contractors
or changing any existing policies and practices. However, an initial
regulatory flexibility analysis (IRFA) has been performed and is
summarized as follows:
The Department of Defense is proposing to repeal DFARS subpart
211.273, Substitutions for Military or Federal Specifications and
Standards, and DFARS clause 252.211-7005, Substitutions for Military or
Federal Specifications and Standards, as the guidance and clause are no
longer necessary.
The objective of this proposed rule is to remove outdated guidance
from the DFARS and reduce regulatory burden on the public. The repeal
of this DFARS clause supports a recommendation from the DoD Regulatory
Reform Task Force.
DoD does not collect data on the number of small businesses that
proposed an SPI process in lieu of military or Federal specifications
or standards cited in the solicitation. Instead, DoD subject matter
experts estimate that approximately 10 contractors participate in SPI
and that each participant will respond to one solicitation per year.
Based on the information available, DoD does not anticipate that this
rule will significantly impact small business entities.
This proposed rule does not include any new reporting,
recordkeeping, or other compliance requirements for small businesses.
This rule does not duplicate, overlap, or conflict with any other
Federal rules. There are no known alternative to the rule that will
meet the stated objectives or minimize the impact on of the rule on
small entities.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities. DoD will also consider comments from small entities
concerning the existing regulations in subparts affected by this rule
in accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (DFARS Case 2019-D023)
in correspondence.
VII. Paperwork Reduction Act
This rule removes the burden associated with DFARS 252.211-7005
from the information collection requirement currently approved under
OMB Control Number 0704-0398, entitled DFARS Part 211, Describing
Agency Needs, and Related Clauses at DFARS 252.211. This reduction in
burden is reflected in the proposed revision to and extension of the
information collection, as published in the Federal Register on
February 27, 2020, at 85 FR 11351.
List of Subjects in 48 CFR Parts 211 and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 211 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 211 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
[[Page 19724]]
PART 211--DESCRIBING AGENCY NEEDS
211.273 [Removed and Reserved]
0
2. Remove and reserve section 211.273.
211.273-1 through 211.273-4 [Removed]
0
3. Remove sections 211.273-1 through 211.273-4.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.211-7005 [Removed and Reserved]
0
4. Remove and Reserve section 252.211-7005.
[FR Doc. 2020-06731 Filed 4-7-20; 8:45 am]
BILLING CODE 5001-06-P