[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Rules and Regulations]
[Pages 60916-60917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21248]


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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: Final rule.

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SUMMARY: DoD is issuing a final rule amending 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 DoD Regulatory Reform Task Force.

DATES: Effective October 1, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD published a proposed rule in the Federal Register at 85 FR 
19722 on April 8, 2020, to remove DFARS subpart 211.273, Substitutions 
for Military or Federal Specifications and Standards, and DFARS clause 
252.211-7005, Substitutions for Military of Federal Specifications, 
from the DFARS, because the guidance and clause are no longer 
necessary. One public comment was received in response to the proposed 
rule. The public comment was outside the scope of this case and no 
changes were made to the rule, as a result of public comment.

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 internal guidance and the clause at 
DFARS 252.211-7005 from the DFARS. This rule does not impose any new 
requirements on contracts at or below the simplified acquisition 
threshold, or commercial items, including commercially available off-
the-shelf items.

III. 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.

[[Page 60917]]

IV. 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.

V. Regulatory Flexibility Act

    DoD does not expect this rule to have a significant economic impact 
on a substantial number of small businesses 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 or practices. However, a final regulatory flexibility 
analysis has been prepared and is summarized as follows:
    The Department of Defense is amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to repeal DFARS subpart 
211.273, Substitutions for Military or Federal Specifications of 
Standards, and DFARS clause 252.211-7005, Substitutions for Military or 
Federal Specifications of Standards, as the guidance and clause are no 
longer necessary. The objective of this rule is to remove outdated 
guidance from the DFARS and reduce regulatory burden on the public. 
This repeal is pursuant to action taken by the DoD Regulatory Reform 
Task Force established under Executive Order 13777, Enforcing the 
Regulatory Reform Agenda.
    No public comments were received in response to the initial 
regulatory flexibility analysis.
    DoD does not collect data on the number of small businesses that 
proposed an Single Process Initiative (SPI) process in lieu of military 
of 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 rule does not include any new reporting, recordkeeping, or 
other compliance requirements for small businesses.
    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.

VI. Paperwork Reduction Act

    This rule removes the burden associated with DFARS 252.211-7005 
from the information collection requirement currently approved under 
0704-0398, entitled DFARS Part 211, Describing Agency Needs, and 
Related Clause at DFARS 252.211. This reduction is reflected in the 
revision to and extension of the information collection, as published 
in the Federal Register on February 27, 2020, at 85 FR 11351, and May 
28, 2020, at 85 FR 32019.

List of Subjects in 48 CFR Parts 211 and 252

    Government procurement.

Jennifer D. Johnson,
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.

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. 2020-21248 Filed 9-28-20; 8:45 am]
BILLING CODE 5001-06-P