83 FR 24892 - Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Right of First Refusal of Employment-Closure of Military Installations” (DFARS Case 2018-D002)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 83, Issue 104 (May 30, 2018)
Defense Acquisition Regulations System
Federal Register Volume 83, Issue 104 (May 30, 2018)
| Page Range | 24892-24894 | |
| FR Document | 2018-11346 |
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)] [Rules and Regulations] [Pages 24892-24894] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11346] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 222, 237, and 252 [Docket DARS-2018-0032] RIN 0750-AJ54 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause ``Right of First Refusal of Employment-Closure of Military Installations'' (DFARS Case 2018-D002) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove a clause that is duplicative of an existing Federal Acquisition Regulation (FAR) clause that requires a contractor to give Government personnel the right of first refusal for employment openings in certain situations. DATES: Effective May 30, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372- 6093. SUPPLEMENTARY INFORMATION: [[Page 24893]] I. Background DoD is amending the DFARS to remove DFARS clause 252.222-7001, Right of First Refusal of Employment-Closure of Military Installations, the associated clause prescription at DFARS 222.7102, the policy guidance at DFARS 222.7101, and a cross-reference at DFARS 237.7401 to subpart 222.71. In the event of a closure of a military installation, the DoD 4165.66-M, Base Redevelopment and Realignment Manual, advises that Government employees at closing installations have the right of first refusal for certain jobs with contractors hired to prepare the installation for closure or to maintain it after closure. Generally, these jobs are in areas of environmental restoration, utilities modification, roads and grounds work, security, and fire protection. The DFARS clause and associated guidance restates the information from DoD 4165.66-M. The clause also advises that Government personnel seeking preference in such situations must provide evidence of their eligibility to the contractor. The DFARS clause prescription requires the clause be included in all solicitations and contracts arising from the closure of the military installation where the contract will be performed. FAR clause 52.207-3, Right of First Refusal of Employment, is required in solicitations and contracts that will result in a conversion of work currently being performed by the Government to work being performed under contract. Like the DFARS clause, the FAR clause advises contractors that Government personnel who have been or will be adversely affected by award of the contract have the right of first refusal for jobs created under the contract for which they are qualified. The FAR clause also requires the Government to provide the contractor with a list of Government personnel who have been or will be adversely affected by the contract award and requires the contractor to report to the Government the names of any listed individuals who are hired after contract performance begins. The DFARS clause is no longer necessary, because the FAR clause applies to the situations in which the DFARS clause is prescribed for use and covers the information contained in the DFARS clause. As such, this DFARS clause is now redundant and can be removed. The removal of this DFARS text 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 provision. Subsequently, the DoD Task Force reviewed the requirements of DFARS clause 252.222-7001, Right of First Refusal of Employment- Closure of Military Installations, determined that the DFARS coverage was redundant, and recommended removal. II. Applicability to Contracts at or Below the Simplified Acquisition Threshold (SAT) and for Commercial Items, Including Commercially Available Off-the-Shelf (COTS) Items This rule only removes obsolete DFARS provision 252.222-7001, Right of First Refusal of Employment-Closure of Military Installations. Therefore, the rule does not impose any new requirements on contracts at or below the SAT and for commercial items, including COTS items. III. Executive Orders 12866 and 13563 E.O. 12866, Regulatory Planning and Review; and E.O. 13563, Improving Regulation and Regulatory Review, 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. The Office of Management and Budget, Office of Information and Regulatory Affairs (OIRA), has determined that this is not a significant regulatory action as defined under section 3(f) of E.O. 12866 and, therefore, was not subject to review under section 6(b). This rule is not a major rule as defined at 5 U.S.C. 804(2). IV. Executive Order 13771 This final rule is not an E.O. 13771, Reducing Regulation and Controlling Regulatory Costs, regulatory action, because this rule is not significant under E.O. 12866. V. Publication of This Final Rule for Public Comment Is Not Required by Statute The statute that applies to the publication of the 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 merely removes an obsolete clause from the DFARS. 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 V. 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 222, 237, and 252 Government procurement. Amy G. Williams, Deputy, Defense Acquisition Regulations System. Therefore, parts 222, 237, and 252 are amended as follows: 0 1. The authority citation for parts 222, 237, and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. [[Page 24894]] PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS Subpart 222.71 [Removed and Reserved] 0 2. Remove and reserve subpart 222.71, consisting of sections 222.7101 and 222.7102. PART 237--SERVICE CONTRACTING 237.7401 [Amended] 0 3. Amend section 237.7401 by removing paragraph (d). PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.222-7001 [Removed and Reserved] 0 4. Remove and reserve section 252.222-7001. [FR Doc. 2018-11346 Filed 5-29-18; 8:45 am] BILLING CODE 5001-06-P
![24892 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations
check is the authority responsible for contractors or offerors. This final rule is List of Subjects in 48 CFR Part 252
deeming the individual unsuitable, not not required to be published for public Government procurement.
MSC. comment, because DoD is not issuing a
The modification of this DFARS new regulation; rather, this rule simply Amy G. Williams,
clause supports a recommendation from updates the name of a Government Deputy, Defense Acquisition Regulations
the DoD Regulatory Reform Task Force. agency to reflect current Government System.
On February 24, 2017, the President procedures.
signed Executive Order (E.O.) 13777, Therefore, 48 CFR part 252 is
‘‘Enforcing the Regulatory Reform IV. Executive Orders 12866 and 13563 amended as follows:
Agenda,’’ which established a Federal PART 252—SOLICITATION
policy ‘‘to alleviate unnecessary E.O. 12866, Regulatory Planning and
Review; and E.O. 13563, Improving PROVISIONS AND CONTRACT
regulatory burdens’’ on the American CLAUSES
people. In accordance with E.O. 13777, Regulation and Regulatory Review,
DoD established a Regulatory Reform direct agencies to assess all costs and ■ 1. The authority citation for part 252
Task Force to review and validate DoD benefits of available regulatory continues to read as follows:
regulations, including the DFARS. A alternatives and, if regulation is
Authority: 41 U.S.C. 1303 and 48 CFR
public notice of the establishment of the necessary, to select regulatory
chapter 1.
DFARS Subgroup to the DoD Regulatory approaches that maximize net benefits
Reform Task Force, for the purpose of (including potential economic, 252.247–7027 [Amended]
reviewing DFARS provisions and environmental, public health and safety
clauses, was published in the Federal effects, distributive impacts, and ■ 2. Amend section 252.247–7027 by—
Register at 82 FR 35741 on August 1, equity). E.O. 13563 emphasizes the ■ a. Removing the clause date ‘‘(OCT
2017, and requested public input. No importance of quantifying both costs 2011)’’ and adding ‘‘(MAY 2018)’’ in its
public comments were received on this place; and
and benefits, of reducing costs, of
provision. Subsequently, the DoD Task ■ b. In paragraph (c)(2)(i)(B), removing
harmonizing rules, and of promoting
Force reviewed the requirements of ‘‘Military Sealift Command Force
flexibility. The Office of Management Protection personnel’’ and adding ‘‘the
DFARS clause 252.247–7027 and
and Budget, Office of Information and Government agency conducting the
determined that the clause text needed
to be modified. Regulatory Affairs (OIRA), has background checks’’ in its place.
determined that this is not a significant
II. Applicability to Contracts at or [FR Doc. 2018–11344 Filed 5–29–18; 8:45 am]
regulatory action as defined under
Below the Simplified Acquisition section 3(f) of E.O. 12866 and, therefore,
BILLING CODE 5001–06–P
Threshold (SAT) and for Commercial was not subject to review under section
Items, Including Commercially 6(b). This rule is not a major rule as
Available Off-the-Shelf Items DEPARTMENT OF DEFENSE
defined at 5 U.S.C. 804(2).
This rule does not add any new Defense Acquisition Regulations
provisions or clauses. The rule only V. Executive Order 13771
System
revises DFARS clause 252.247–7027, This rule is not an Executive Order
Riding Gang Member Requirements, to (E.O.) 13771, Reducing Regulation and 48 CFR Parts 222, 237, and 252
state that the Government agency Controlling Regulatory Costs, regulatory [Docket DARS–2018–0032]
conducting the background check is the
action, because the rule is not
authority responsible for deeming the RIN 0750–AJ54
significant under E.O. 12866.
individual unsuitable, in lieu of the
Military Sealift Command force VI. Regulatory Flexibility Act Defense Federal Acquisition
protection personnel. This clause is Regulation Supplement: Repeal of
already prescribed for use in Because a notice of proposed DFARS Clause ‘‘Right of First Refusal
commercial item acquisitions, and for rulemaking and an opportunity for of Employment–Closure of Military
use below the SAT. public comment are not required to be Installations’’ (DFARS Case 2018–
given for this rule under 41 U.S.C. D002)
III. Publication of This Final Rule for
1707(a)(1) (see section III. of this AGENCY: Defense Acquisition
Public Comment Is Not Required by
Statute preamble), the analytical requirements Regulations System, Department of
of the Regulatory Flexibility Act (5 Defense (DoD).
The statute that applies to the U.S.C. 601 et seq.) are not applicable.
publication of the Federal Acquisition ACTION: Final rule.
Accordingly, no regulatory flexibility
Regulation (FAR) is the Office of Federal analysis is required and none has been SUMMARY: DoD is issuing a final rule
Procurement Policy statute (codified at prepared. amending the Defense Federal
title 41 of the United States Code).
Acquisition Regulation Supplement
Specifically, 41 U.S.C. 1707(a)(1) VII. Paperwork Reduction Act (DFARS) to remove a clause that is
requires that a procurement policy,
The rule does not contain any duplicative of an existing Federal
regulation, procedure or form (including
information collection requirements that Acquisition Regulation (FAR) clause
an amendment or modification thereof)
require the approval of the Office of that requires a contractor to give
must be published for public comment
sradovich on DSK3GMQ082PROD with RULES2
Management and Budget under the Government personnel the right of first
if it relates to the expenditure of
Paperwork Reduction Act (44 U.S.C. refusal for employment openings in
appropriated funds, and has either a
certain situations.
significant effect beyond the internal chapter 35).
operating procedures of the agency DATES: Effective May 30, 2018.
issuing the policy, regulation, FOR FURTHER INFORMATION CONTACT: Ms.
procedure, or form, or has a significant Carrie Moore, telephone 571–372–6093.
cost or administrative impact on SUPPLEMENTARY INFORMATION:
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![24894 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations
PART 222—APPLICATION OF LABOR Management (SAM), and the associated contracts at or below the simplified
LAWS TO GOVERNMENT provision prescription at DFARS acquisition threshold and for
ACQUISITIONS 204.1105. The DFARS provision commercial items, including
provided definitions that are to be commercially available off-the-shelf
Subpart 222.71 [Removed and substituted for the definitions in items.
Reserved] paragraph (a) of the FAR provision
III. Executive Orders 12866 and 13563
52.204–7, System for Award
■ 2. Remove and reserve subpart 222.71, Management. The FAR provision is Executive Orders (E.O.s) 12866 and
consisting of sections 222.7101 and prescribed for use in most solicitations. 13563 direct agencies to assess all costs
222.7102. The purpose of the FAR provision is to and benefits of available regulatory
inform offerors of the requirement to be alternatives and, if regulation is
PART 237—SERVICE CONTRACTING registered in SAM in order to be eligible necessary, to select regulatory
237.7401 [Amended] for an award. The DFARS provision was approaches that maximize net benefits
created for use in DoD solicitations, to (including potential economic,
■ 3. Amend section 237.7401 by ensure, in part, that offerors responding environmental, public health and safety
removing paragraph (d). to DoD solicitations understood that effects, distributive impacts, and
they needed to enter a CAGE code in equity). E.O. 13563 emphasizes the
PART 252—SOLICITATION
SAM in order to be considered importance of quantifying both costs
PROVISIONS AND CONTRACT
registered in the system. However, the and benefits, of reducing costs, of
CLAUSES
DFARS provision is no longer harmonizing rules, and of promoting
252.222–7001 [Removed and Reserved] necessary, because the definition of flexibility. This is not a significant
‘‘Registered in the System for Award regulatory action and, therefore, was not
■ 4. Remove and reserve section
Management (SAM) database’’ in subject to review under section 6(b) of
252.222–7001.
paragraph (a) of the FAR provision has E.O. 12866, Regulatory Planning and
[FR Doc. 2018–11346 Filed 5–29–18; 8:45 am] been updated to include a CAGE code Review, dated September 30, 1993. This
BILLING CODE 5001–06–P as part of the information required from rule is not a major rule under 5 U.S.C.
an offeror in order to be considered 804.
registered in SAM. As such, this DFARS
DEPARTMENT OF DEFENSE alternate provision is redundant and can IV. Executive Order 13771
be removed. This rule is not an E.O. 13771,
Defense Acquisition Regulations The removal of this DFARS text Reducing and Controlling Regulatory
System supports a recommendation from the Costs, regulatory action, because this
DoD Regulatory Reform Task Force. On rule is not significant under E.O. 12866.
48 CFR Parts 204 and 252 February 24, 2017, the President signed
V. Publication of This Final Rule for
[Docket DARS–2017–0015] Executive Order (E.O.) 13777,
Public Comment Is Not Required by
‘‘Enforcing the Regulatory Reform
RIN 0750–AJ54 Statute
Agenda,’’ which established a Federal
policy ‘‘to alleviate unnecessary The statute that applies to the
Defense Federal Acquisition regulatory burdens’’ on the American publication of the Federal Acquisition
Regulation Supplement: Repeal of people. In accordance with E.O. 13777, Regulation (FAR) is the Office of Federal
DFARS Provision ‘‘Alternate A, System DoD established a Regulatory Reform Procurement Policy statute (codified at
for Award Management’’ (DFARS Case Task Force to review and validate DoD title 41 of the United States Code).
2017–D044) regulations, including the DFARS. A Specifically, 41 U.S.C. 1707(a)(1)
AGENCY: Defense Acquisition public notice of the establishment of the requires that a procurement policy,
Regulations System, Department of DFARS Subgroup to the DoD Regulatory regulation, procedure or form (including
Defense (DoD). Reform Task Force, for the purpose of an amendment or modification thereof)
reviewing DFARS provisions and must be published for public comment
ACTION: Final rule.
clauses, was published in the Federal if it relates to the expenditure of
SUMMARY: DoD is issuing a final rule Register at 82 FR 35741 on August 1, appropriated funds, and has either a
amending the Defense Federal 2017, and requested public input. No significant effect beyond the internal
Acquisition Regulation Supplement public comments were received on this operating procedures of the agency
(DFARS) to remove a provision that is provision. Subsequently, the DoD Task issuing the policy, regulation,
duplicative of an existing Federal Force reviewed the requirements of procedure, or form, or has a significant
Acquisition Regulation (FAR) provision DFARS provision 252.204–7004, cost or administrative impact on
that requires a vendor to enter Alternate A, System for Award contractors or offerors. This final rule is
Commercial and Government Entity Management, and determined that the not required to be published for public
(CAGE) code information into a DFARS coverage was redundant and comment, because DoD is not issuing a
Governmentwide database prior to recommended removal. new regulation; rather, this rule merely
award of any contract or agreement. removes an obsolete requirement from
II. Applicability to Contracts at or
the DFARS.
DATES: Effective May 30, 2018. Below the Simplified Acquisition
FOR FURTHER INFORMATION CONTACT: Ms. Threshold and for Commercial Items, VI. Regulatory Flexibility Act
sradovich on DSK3GMQ082PROD with RULES2
Carrie Moore, telephone 571–372–6093. Including Commercially Available Off- Because a notice of proposed
SUPPLEMENTARY INFORMATION:
the-Shelf Items rulemaking and an opportunity for
This rule merely removes obsolete public comment are not required to be
I. Background DFARS provision 252.204–7004, given for this rule under 41 U.S.C.
DoD is amending the DFARS to Alternate A, System for Award 1707(a)(1) (see section III. of this
remove the DFARS provision 252.204– Management. Therefore, the rule does preamble), the analytical requirements
7004, Alternate A, System for Award not impose any new requirements on of the Regulatory Flexibility Act (5
VerDate Sep<11>2014 17:57 May 29, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\30MYR2.SGM 30MYR2](https://thefederalregister.org/doc/83_FR_24996/page/3.svg)
Document Created: 2018-05-30 01:01:31
Document Modified: 2018-05-30 01:01:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective May 30, 2018. | |
| Contact | Ms. Carrie Moore, telephone 571-372- 6093. | |
| FR Citation | 83 FR 24892 | |
| RIN Number | 0750-AJ54 | |
| CFR Citation | 48
CFR
222 48 CFR 237 48 CFR 252 |
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