[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]
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