83 FR 30587 - Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Requirements” (DFARS Case 2018-D030)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 83, Issue 126 (June 29, 2018)
Defense Acquisition Regulations System
Federal Register Volume 83, Issue 126 (June 29, 2018)
| Page Range | 30587-30588 | |
| FR Document | 2018-14041 |
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)] [Rules and Regulations] [Pages 30587-30588] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14041] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 216, 247, and 252 [Docket DARS-2018-0031] RIN 0750-AJ91 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause ``Requirements'' (DFARS Case 2018-D030) 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. DATES: Effective June 29, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372- 6093. SUPPLEMENTARY INFORMATION: I. Background DoD is amending the DFARS to remove the DFARS clause 252.216-7010, Requirements, the Alternate clause, the associated clause prescription at DFARS 216.506, and a cross-reference to the clause at DFARS 247.271- 3(p). The DFARS clause is included in contracts for preparation of personal property for movement or storage, or for intra-city or intra- area movement; advises contractors that a requirements contract has been issued and how quantities work under the contract; that the delivery of items or performance of work is subject to the issuance of orders; and, that the Government shall order all requirements covered by the contract from the contractor, unless certain circumstances apply. FAR clause, 52.216-21, Requirements, advises contractors of the same information in the DFARS clause, and also provides a date after which the contractor is not required to make any deliveries under the contract. 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 clause 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 notification 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 252.216-7010, Requirements, and determined that the DFARS coverage was redundant and recommended removal. II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items This rule does not add any new solicitation provisions or contract clauses. This rule only removes obsolete DFARS provision 252.216-7010, Requirements. Therefore, 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. Executive Orders 12866 and 13563 Executive Order (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 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 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 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 [[Page 30588]] 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, 247, and 252 Government procurement. Amy G. Williams, Deputy, Defense Acquisition Regulations System. Therefore, 48 CFR parts 216, 247, and 252 are amended as follows: 0 1. The authority citation for 48 CFR parts 216, 247, 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. In section 216.506, remove paragraph (d). PART 247--TRANSPORTATION 247.271-3 [Amended] 0 3. In section 247.271-3, remove paragraph (p). PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.216-7010 [Removed] 0 4. Remove section 252.216-7010. [FR Doc. 2018-14041 Filed 6-28-18; 8:45 am] BILLING CODE 5001-06-P
![Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations 30587
PART 243—CONTRACT requirements covered by the contract is necessary, to select regulatory
MODIFICATIONS from the contractor, unless certain approaches that maximize net benefits
circumstances apply. (including potential economic,
243.204–70–6 [Amended] FAR clause, 52.216–21, Requirements, environmental, public health and safety
■ 5. Amend section 243.204–70–6 by— advises contractors of the same effects, distributive impacts, and
■ a. In paragraph (b), removing ‘‘The information in the DFARS clause, and equity). E.O. 13563 emphasizes the
contractor’s reduced cost risk for costs also provides a date after which the importance of quantifying both costs
incurred’’ and adding ‘‘Any reduced contractor is not required to make any and benefits, of reducing costs, of
cost risk to the contractor for costs deliveries under the contract. The harmonizing rules, and of promoting
expected to be incurred’’ in its place; DFARS clause is no longer necessary, flexibility. The Office of Management
and because the FAR clause applies to the and Budget, Office of Information and
■ b. In paragraph (c), removing situations in which the DFARS clause is Regulatory Affairs (OIRA), has
‘‘contract action’’ and adding ‘‘unpriced prescribed for use and covers the determined that this is not a significant
change order’’ in its place and removing information contained in the DFARS regulatory action as defined under
‘‘contract file’’ and adding ‘‘price clause. As such, this DFARS clause is section 3(f) of E.O. 12866 and, therefore,
negotiation memorandum’’ in its place. now redundant and can be removed. was not subject to review under section
The removal of this DFARS clause 6(b). This rule is not a major rule as
[FR Doc. 2018–14042 Filed 6–28–18; 8:45 am]
supports a recommendation from the defined at 5 U.S.C. 804(2).
BILLING CODE 5001–06–P
DoD Regulatory Reform Task Force. On
February 24, 2017, the President signed IV. Executive Order 13771
DEPARTMENT OF DEFENSE Executive Order (E.O.) 13777, This rule is not an E.O. 13771,
‘‘Enforcing the Regulatory Reform Reducing Regulation and Controlling
Defense Acquisition Regulations Agenda,’’ which established a Federal Regulatory Costs, regulatory action,
System policy ‘‘to alleviate unnecessary because this rule is not significant under
regulatory burdens’’ on the American E.O. 12866.
48 CFR Parts 216, 247, and 252 people. In accordance with E.O. 13777,
DoD established a Regulatory Reform V. Publication of This Final Rule for
[Docket DARS–2018–0031] Task Force to review and validate DoD Public Comment Is Not Required by
regulations, including the DFARS. A Statute
RIN 0750–AJ91
public notification of the establishment The statute that applies to the
Defense Federal Acquisition of the DFARS Subgroup to the DoD publication of the Federal Acquisition
Regulation Supplement: Repeal of Regulatory Reform Task Force, for the Regulation (FAR) is the Office of Federal
DFARS Clause ‘‘Requirements’’ purpose of reviewing DFARS provisions Procurement Policy statute (codified at
(DFARS Case 2018–D030) and clauses, was published in the title 41 of the United States Code).
Federal Register at 82 FR 35741 on Specifically, 41 U.S.C 1707(a)(1)
AGENCY: Defense Acquisition
August 1, 2017, and requested public requires that a procurement policy,
Regulations System, Department of
input. No public comments were regulation, procedure or form (including
Defense (DoD).
received on this provision. an amendment or modification thereof)
ACTION: Final rule. Subsequently, the DoD Task Force must be published for public comment
SUMMARY: DoD is issuing a final rule reviewed the requirements of DFARS if it relates to the expenditure of
amending the Defense Federal clause 252.216–7010, Requirements, appropriated funds, and has either a
Acquisition Regulation Supplement and determined that the DFARS significant effect beyond the internal
(DFARS) to remove a clause that is coverage was redundant and operating procedures of the agency
duplicative of an existing Federal recommended removal. issuing the policy, regulation,
Acquisition Regulation (FAR) clause. procedure, or form, or has a significant
II. Applicability to Contracts at or
cost or administrative impact on
DATES: Effective June 29, 2018. Below the Simplified Acquisition
contractors or offerors. This final rule is
FOR FURTHER INFORMATION CONTACT: Ms. Threshold and for Commercial Items,
not required to be published for public
Carrie Moore, telephone 571–372–6093. Including Commercially Available Off-
comment, because DoD is not issuing a
SUPPLEMENTARY INFORMATION: the-Shelf Items
new regulation; rather, this rule merely
This rule does not add any new removes an obsolete clause from the
I. Background
solicitation provisions or contract DFARS.
DoD is amending the DFARS to clauses. This rule only removes obsolete
remove the DFARS clause 252.216– DFARS provision 252.216–7010, VI. Regulatory Flexibility Act
7010, Requirements, the Alternate Requirements. Therefore, the rule does Because a notice of proposed
clause, the associated clause not impose any new requirements on rulemaking and an opportunity for
prescription at DFARS 216.506, and a contracts at or below the simplified public comment are not required to be
cross-reference to the clause at DFARS acquisition threshold and for given for this rule under 41 U.S.C.
247.271–3(p). commercial items, including 1707(a)(1) (see section V. of this
The DFARS clause is included in commercially available off-the-shelf preamble), the analytical requirements
contracts for preparation of personal items. of the Regulatory Flexibility Act (5
property for movement or storage, or for U.S.C. 601 et seq.) are not applicable.
sradovich on DSK3GMQ082PROD with RULES
intra-city or intra-area movement; III. Executive Orders 12866 and 13563
Accordingly, no regulatory flexibility
advises contractors that a requirements Executive Order (E.O.) 12866, analysis is required and none has been
contract has been issued and how Regulatory Planning and Review; and prepared.
quantities work under the contract; that E.O. 13563, Improving Regulation and
the delivery of items or performance of Regulatory Review, direct agencies to VII. Paperwork Reduction Act
work is subject to the issuance of orders; assess all costs and benefits of available The rule does not contain any
and, that the Government shall order all regulatory alternatives and, if regulation information collection requirements that
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![30588 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations
require the approval of the Office of ■ 1. The authority citation for 48 CFR PART 247—TRANSPORTATION
Management and Budget under the parts 216, 247, and 252 continues to
Paperwork Reduction Act (44 U.S.C. read as follows: 247.271–3 [Amended]
chapter 35). ■ 3. In section 247.271–3, remove
Authority: 41 U.S.C. 1303 and 48 CFR
List of Subjects in 48 CFR Parts 216, chapter 1. paragraph (p).
247, and 252 PART 252—SOLICITATION
PART 216—TYPES OF CONTRACTS
Government procurement. PROVISIONS AND CONTRACT
216.506 [Amended] CLAUSES
Amy G. Williams,
Deputy, Defense Acquisition Regulations ■ 2. In section 216.506, remove 252.216–7010 [Removed]
System. paragraph (d). ■ 4. Remove section 252.216–7010.
Therefore, 48 CFR parts 216, 247, and [FR Doc. 2018–14041 Filed 6–28–18; 8:45 am]
252 are amended as follows: BILLING CODE 5001–06–P
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Document Created: 2018-06-29 01:13:06
Document Modified: 2018-06-29 01:13:06
| 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 June 29, 2018. | |
| Contact | Ms. Carrie Moore, telephone 571-372- 6093. | |
| FR Citation | 83 FR 30587 | |
| RIN Number | 0750-AJ91 | |
| CFR Citation | 48
CFR
216 48 CFR 247 48 CFR 252 |
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