[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Rules and Regulations]
[Pages 65514-65515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23286]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 212 and 252

[Docket DARS-2022-0027]
RIN 0750-AL71


Defense Federal Acquisition Regulation Supplement: Removal of 
Pilot Program for Acquisition of Military-Purpose Nondevelopmental 
Items (DFARS Case 2022-D022)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to remove the Pilot Program 
for Acquisition of Military-Purpose Nondevelopmental Items, since the 
statutory authority for the program has expired.

DATES: Effective October 28, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Jeanette Snyder, telephone 703-
508-7524.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is issuing a final rule to remove DFARS subpart 212.71, Pilot 
Program for Acquisition of Military-Purpose Nondevelopmental Items, and 
the solicitation provision at DFARS 252.212-7002, Pilot Program for 
Acquisition of Military-Purpose Nondevelopmental Items. Section 866 of 
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2011 
(Pub. L. 111-383; 10 U.S.C. 2302 note) authorized the pilot program for 
a 5-year period through January 6, 2016, and the pilot program was 
implemented in the DFARS by publication of an interim rule at 76 FR 
38048. Subsequently, section 814 of the NDAA for FY 2014 extended the 
pilot program through December 31, 2019, and this sunset date was 
implemented in the DFARS by publication of a final rule at 79 FR

[[Page 65515]]

17446 on March 28, 2014. Since the pilot program expired on December 
31, 2019, the program is being removed from the DFARS. No contracts 
were awarded as a result of this pilot program.

II. 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 41 U.S.C. 1707, Publication of Proposed 
Regulations. Subsection (a)(1) of the statute 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 it merely removes obsolete text from the DFARS for a pilot 
program that did not result in the award of any contracts by DoD; 
therefore, this final rule does not impact the Government, contractors, 
or offerors.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold, for Commercial Products Including Commercially Available 
Off-the-Shelf Items, and for Commercial Services

    This rule does not create any new solicitation provisions or 
contract clauses. Although this rule removes the provision at DFARS 
252.212-7002, Pilot Program for Acquisition of Military Purpose 
Nondevelopmental Items, it does not impact any other existing 
solicitation provisions, contract clauses, or prescriptions for the use 
of solicitation provisions or contract clauses.

IV. Executive Orders 12866 and 13563

    Executive Orders (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.

V. Congressional Review Act

    As required by the Congressional Review Act (5 U.S.C. 801-808) 
before an interim or final rule takes effect, DoD will submit a copy of 
the interim or final rule with the form, Submission of Federal Rules 
under the Congressional Review Act, to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States. A 
major rule under the Congressional Review Act cannot take effect until 
60 days after it is published in the Federal Register. The Office of 
Information and Regulatory Affairs has determined that this rule is not 
a major rule as defined by 5 U.S.C. 804.

VI. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require 
publication for public comment.

VII. Paperwork Reduction Act

    This proposed 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 212 and 252

    Government procurement.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 212 and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 212 and 252 continues to 
read as follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

PART 212--ACQUISITION OF COMMERCIAL ITEMS

Subpart 212.71 [Removed and Reserved]

0
2. Remove and reserve subpart 212.71, consisting of sections 212.7100, 
212.7101, 212.7102, 212.7102-1 through 212.7102-3, and 212.7103.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.212-7002   [Removed and Reserved]

0
3. Remove and reserve section 252.212-7002.

[FR Doc. 2022-23286 Filed 10-27-22; 8:45 am]
BILLING CODE 5001-06-P