[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Rules and Regulations]
[Pages 53681-53682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18637]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 216 and 252
[Docket DARS-2020-0028]
RIN 0750-AL10
Defense Federal Acquisition Regulation Supplement: Repeal of
DFARS Clause ``Ordering'' (DFARS Case 2020-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 August 31, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DFARS clause 252.216-7006, Ordering, is included in DoD
solicitations and contracts when an indefinite-delivery/definite-
quantity, requirements, or indefinite-delivery/indefinite-quantity
contract type is contemplated. The clause notifies contractors of the
ordering period for the contract, that orders are subject to the terms
and conditions of the contract, and that an order is considered issued
by the Government if sent via fax, U.S. mail, or electronic commerce.
The
[[Page 53682]]
DFARS clause is used in lieu of FAR clause 52.216-18, Ordering.
The FAR clause is included in the same solicitations and contracts
as the DFARS clause and advises contractors of most of the information
included in the DFARS clause, except for when an order is considered
issued by the Government if sent to the contractor via fax or
electronic commerce. In an effort to reflect current business practices
and maintain speed and efficiency in the ordering process, a final rule
(85 FR 40075) issued under FAR case 2018-022 amended FAR clause 52.216-
18 to automatically authorize the use of fax and electronic commerce
methods to issue orders under the contract and clarify when an order is
considered issued by the Government if sent to the contractor via these
methods. As the FAR clause now includes the same information as the
DFARS clause, DFARS clause 252.216-7006 is duplicative and no longer
necessary and can be removed from the DFARS.
The removal of this DFARS clause 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 Task Force reviewed the
requirements of DFARS clause 252.216-7006, Ordering, and determined
that the DFARS coverage was not necessary and recommended removal,
contingent upon similar language being implemented in FAR clause
52.216-18.
II. 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 clause 252.216-7006,
Ordering. The rule does not impose any new requirements on contracts at
or below the simplified acquisition threshold and for commercial items,
including commercially available off-the-shelf items.
III. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the Federal
Acquisition Regulation (FAR) is the 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 clause from the DFARS.
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
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 III. 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.
VII. 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 216 and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 216 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 216 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 216--TYPES OF CONTRACTS
216.506 [Amended]
0
2. Amend section 216.506 by removing paragraph (a).
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.216-7006 [Removed and Reserved]
0
3. Remove and reserve section 252.216-7006.
[FR Doc. 2020-18637 Filed 8-28-20; 8:45 am]
BILLING CODE 5001-06-P