83 FR 42788 - Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Removal of Contractor's Employees” (DFARS Case 2018-D042)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 83, Issue 165 (August 24, 2018)
Defense Acquisition Regulations System
Federal Register Volume 83, Issue 165 (August 24, 2018)
| Page Range | 42788-42789 | |
| FR Document | 2018-18247 |
[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)] [Rules and Regulations] [Pages 42788-42789] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18247] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 247 and 252 [Docket DARS-2018-0041] RIN 0750-AK04 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause ``Removal of Contractor's Employees'' (DFARS Case 2018- D042) 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 no longer necessary. DATES: Effective August 24, 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 252.247-7006, Removal of Contractor's Employees, and the associated clause prescription at DFARS 247.270-4. The DFARS clause served as an agreement from the contractor to only use experienced, responsible, and capable people to perform the work under the stevedoring contract. The clause also advised the contractor that the contracting officer may require the contractor to remove from the job, employees who endanger persons or property or whose employment is inconsistent with the interest of military security. II. Discussion and Analysis The information conveyed in DFARS clause 252.247-7006 is directly related to performance of the work under a stevedoring contract. It is more appropriate to define what the Government considers an experienced, responsible, and capable employee to be in a performance work statement, not a contract clause, because those requirements may change depending on various factors of the work being performed. If the need to remove employees from performing under the contract exists, it should be identified in the performance work statement. The removal and replacement of employees directly relates to the contractor's ability to perform and staff the work under the contract. As such, this DFARS clause is unnecessary 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. One public comment was received on this [[Page 42789]] clause. The comment recommended elimination of the clause, as it is unnecessary. Subsequently, the DoD Task Force reviewed the requirements of DFARS clause 252.247-7006, Removal of Contractor's Employees, and determined that the DFARS coverage was unnecessary and recommended removal. III. 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 DFARS clause 252.247-7006, Removal of Contractor's Employees. 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. IV. 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). V. Executive Order 13771 This rule is not an E.O. 13771, Reducing and Controlling Regulatory Costs, regulatory action, because this rule is not significant under E.O. 12866. VI. 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 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 requirement from the DFARS. VII. 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 VI. 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. VIII. 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 247 and 252 Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR parts 247 and 252 are amended as follows: 0 1. The authority citation for 48 CFR parts 247 and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 247--TRANSPORTATION 247.270-4 [Amended] 0 1. Amend section 247.270-4 by-- 0 a. Removing paragraph (f); and 0 b. Redesignating paragraph (g) as paragraph (f). PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.247-7006 [Removed and Reserved] 0 2. Remove and reserve section 252.247-7006. 252.247-7007 [Amended] 0 3. Amend section 252.247-7007, in the introductory text, by removing ``247.270-4(g)'' and adding ``247.270-(f)'' in its place. [FR Doc. 2018-18247 Filed 8-23-18; 8:45 am] BILLING CODE 6820-ep-P
![42788 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations
IV. Executive Orders 12866 and 13563 VIII. Paperwork Reduction Act (DFARS) to remove a clause that is no
Executive Orders (E.O.s) 12866 and The Paperwork Reduction Act (44 longer necessary.
13563 direct agencies to assess all costs U.S.C. chapter 35) does apply; however, DATES: Effective August 24, 2018.
and benefits of available regulatory these changes to the DFARS do not FOR FURTHER INFORMATION CONTACT: Ms.
alternatives and, if regulation is impose additional information Carrie Moore, telephone 571–372–6093.
necessary, to select regulatory collection requirements to the SUPPLEMENTARY INFORMATION:
approaches that maximize net benefits paperwork burden previously approved
(including potential economic, under OMB Control Number 0704–0483, I. Background
environmental, public health and safety entitled ‘‘Independent Research and DoD is amending the DFARS to
effects, distributive impacts, and Development Technical Descriptions.’’ remove the DFARS clause 252.247–
equity). E.O. 13563 emphasizes the Repeal of this rule does not impact the 7006, Removal of Contractor’s
importance of quantifying both costs IR&D reporting that continues to be Employees, and the associated clause
and benefits, of reducing costs, of required annually, when the IR&D prescription at DFARS 247.270–4. The
harmonizing rules, and of promoting project is completed, under OMB DFARS clause served as an agreement
flexibility. This is not a significant Control Number 0704–0483. from the contractor to only use
regulatory action and, therefore, was not experienced, responsible, and capable
subject to review under section 6(b) of List of Subjects in 48 CFR Part 231
people to perform the work under the
E.O. 12866, Regulatory Planning and Government procurement. stevedoring contract. The clause also
Review, dated September 30, 1993. This advised the contractor that the
rule is not a major rule under 5 U.S.C. Jennifer Lee Hawes,
contracting officer may require the
804. Regulatory Control Officer, Defense
Acquisition Regulations System.
contractor to remove from the job,
V. Executive Order 13771 employees who endanger persons or
Therefore, 48 CFR part 231 is property or whose employment is
This final rule is considered to be an amended as follows: inconsistent with the interest of military
E.O. 13771, Reducing Regulation and security.
Controlling Regulatory Costs, PART 231—CONTRACT COST
deregulatory action. Details on the PRINCIPLES AND PROCEDURES II. Discussion and Analysis
estimated cost savings can be found in The information conveyed in DFARS
section III. of this preamble. ■ 1. The authority citation for part 231 clause 252.247–7006 is directly related
continues to read as follows: to performance of the work under a
VI. Publication of This Final Rule for
Public Comment Is Not Required by Authority: 41 U.S.C. 1303 and 48 chapter stevedoring contract. It is more
Statute 1. appropriate to define what the
The statute that applies to the 231.205–18 [Amended] Government considers an experienced,
publication of the Federal Acquisition responsible, and capable employee to be
■ 2. Amend section 231.205–18 by: in a performance work statement, not a
Regulation is the Office of Federal ■ a. Adding ‘‘and’’ to the end of
Procurement Policy statute (codified at contract clause, because those
paragraph (c)(iii)(C)(2); requirements may change depending on
Title 41 of the United States Code). ■ b. Removing ‘‘; and’’ from the end of
Specifically, 41 U.S.C. 1707(a)(1) various factors of the work being
paragraph (c)(iii)(C)(3) and adding a performed. If the need to remove
requires that a procurement policy, period in its place; and
regulation, procedure or form (including employees from performing under the
■ c. Removing paragraph (c)(iii)(C)(4). contract exists, it should be identified in
an amendment or modification thereof)
must be published for public comment [FR Doc. 2018–18239 Filed 8–23–18; 8:45 am] the performance work statement. The
if it relates to the expenditure of BILLING CODE 5001–06–P removal and replacement of employees
appropriated funds, and has either a directly relates to the contractor’s ability
significant effect beyond the internal to perform and staff the work under the
operating procedures of the agency DEPARTMENT OF DEFENSE contract. As such, this DFARS clause is
issuing the policy, regulation, unnecessary and can be removed.
Defense Acquisition Regulations The removal of this DFARS text
procedure, or form, or has a significant System
cost or administrative impact on supports a recommendation from the
contractors or offerors. This final rule is DoD Regulatory Reform Task Force. On
48 CFR Parts 247 and 252 February 24, 2017, the President signed
not required to be published for public
comment, because DoD is not issuing a [Docket DARS–2018–0041] Executive Order (E.O.) 13777,
new regulation; rather, this rule merely ‘‘Enforcing the Regulatory Reform
RIN 0750–AK04 Agenda,’’ which established a Federal
removes an obsolete requirement from
the DFARS. policy ‘‘to alleviate unnecessary
Defense Federal Acquisition
regulatory burdens’’ on the American
VII. Regulatory Flexibility Act Regulation Supplement: Repeal of
people. In accordance with E.O. 13777,
DFARS Clause ‘‘Removal of
Because a notice of proposed DoD established a Regulatory Reform
Contractor’s Employees’’ (DFARS Case
rulemaking and an opportunity for Task Force to review and validate DoD
2018–D042)
public comment are not required to be regulations, including the DFARS. A
given for this rule under 41 U.S.C. AGENCY: Defense Acquisition public notice of the establishment of the
sradovich on DSK3GMQ082PROD with RULES
1707(a)(1) (see section V of this Regulations System, Department of DFARS Subgroup to the DoD Regulatory
preamble), the analytical requirements Defense (DoD). Reform Task Force, for the purpose of
of the Regulatory Flexibility Act (5 ACTION: Final rule. reviewing DFARS provisions and
U.S.C. 601 et seq.) are not applicable. clauses, was published in the Federal
Accordingly, no regulatory flexibility SUMMARY: DoD is issuing a final rule Register at 82 FR 35741 on August 1,
analysis is required and none has been amending the Defense Federal 2017, and requested public input. One
prepared. Acquisition Regulation Supplement public comment was received on this
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![Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations 42789
clause. The comment recommended must be published for public comment ‘‘247.270–4(g)’’ and adding ‘‘247.270–
elimination of the clause, as it is if it relates to the expenditure of (f)’’ in its place.
unnecessary. Subsequently, the DoD appropriated funds, and has either a [FR Doc. 2018–18247 Filed 8–23–18; 8:45 am]
Task Force reviewed the requirements significant effect beyond the internal BILLING CODE 6820–ep–P
of DFARS clause 252.247–7006, operating procedures of the agency
Removal of Contractor’s Employees, and issuing the policy, regulation,
determined that the DFARS coverage procedure, or form, or has a significant
DEPARTMENT OF THE INTERIOR
was unnecessary and recommended cost or administrative impact on
removal. contractors or offerors. This final rule is Fish and Wildlife Service
not required to be published for public
III. Applicability to Contracts At or comment, because DoD is not issuing a
Below the Simplified Acquisition 50 CFR Part 20
new regulation; rather, this rule merely
Threshold and for Commercial Items, removes an obsolete requirement from [Docket No. FWS–HQ–MB–2017–0028;
Including Commercially Available Off- the DFARS. FF09M21200–178–FXMB1231099BPP0]
the-Shelf Items
VII. Regulatory Flexibility Act RIN 1018–BB73
This rule only removes obsolete
DFARS clause 252.247–7006, Removal Because a notice of proposed Migratory Bird Hunting; Migratory Bird
of Contractor’s Employees. Therefore, rulemaking and an opportunity for Hunting Regulations on Certain
the rule does not impose any new public comment are not required to be Federal Indian Reservations and
requirements on contracts at or below given for this rule under 41 U.S.C. Ceded Lands for the 2018–19 Season
the simplified acquisition threshold and 1707(a)(1) (see section VI. of this
for commercial items, including preamble), the analytical requirements AGENCY: Fish and Wildlife Service,
commercially available off-the-shelf of the Regulatory Flexibility Act (5 Interior.
items. U.S.C. 601 et seq.) are not applicable. ACTION: Final rule.
Accordingly, no regulatory flexibility
IV. Executive Orders 12866 and 13563 analysis is required and none has been SUMMARY: This rule prescribes special
E.O. 12866, Regulatory Planning and prepared. migratory bird hunting regulations for
Review, and E.O. 13563, Improving certain Tribes on Federal Indian
VIII. Paperwork Reduction Act
Regulation and Regulatory Review, reservations, off-reservation trust lands,
direct agencies to assess all costs and The rule does not contain any and ceded lands. This rule responds to
benefits of available regulatory information collection requirements that tribal requests for U.S. Fish and Wildlife
alternatives and, if regulation is require the approval of the Office of Service (hereinafter Service or we)
necessary, to select regulatory Management and Budget under the recognition of their authority to regulate
approaches that maximize net benefits Paperwork Reduction Act (44 U.S.C. hunting under established guidelines.
(including potential economic, chapter 35). This rule allows the establishment of
environmental, public health and safety List of Subjects in 48 CFR Parts 247 and season bag limits and, thus, harvest at
effects, distributive impacts, and 252 levels compatible with populations and
equity). E.O. 13563 emphasizes the habitat conditions.
Government procurement.
importance of quantifying both costs DATES: This rule takes effect on August
and benefits, of reducing costs, of Jennifer Lee Hawes, 24, 2018.
harmonizing rules, and of promoting Regulatory Control Officer, Defense ADDRESSES: You may inspect comments
flexibility. The Office of Management Acquisition Regulations System. received on the special hunting
and Budget, Office of Information and Therefore, 48 CFR parts 247 and 252 regulations and Tribal proposals during
Regulatory Affairs (OIRA), has are amended as follows: normal business hours at U.S. Fish and
determined that this is not a significant ■ 1. The authority citation for 48 CFR Wildlife Headquarters, 5275 Leesburg
regulatory action as defined under parts 247 and 252 continues to read as Pike, Falls Church, VA 22041–3803, or
section 3(f) of E.O. 12866 and, therefore, follows: at http://www.regulations.gov at Docket
was not subject to review under section No. FWS–HQ–MB–2017–0028.
6(b). This rule is not a major rule as Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1. FOR FURTHER INFORMATION CONTACT: Ron
defined at 5 U.S.C. 804(2).
W. Kokel, U.S. Fish and Wildlife
V. Executive Order 13771 PART 247—TRANSPORTATION Service, Department of the Interior, MS:
This rule is not an E.O. 13771, 247.270–4 [Amended] MB, 5275 Leesburg Pike, Falls Church,
Reducing and Controlling Regulatory VA 22041–3803; (703) 358–1967.
■ 1. Amend section 247.270–4 by—
Costs, regulatory action, because this SUPPLEMENTARY INFORMATION:
■ a. Removing paragraph (f); and
rule is not significant under E.O. 12866. ■ b. Redesignating paragraph (g) as Background
VI. Publication of This Final Rule for paragraph (f).
The Migratory Bird Treaty Act
Public Comment Is Not Required by (MBTA) of July 3, 1918 (16 U.S.C. 703
PART 252—SOLICITATION
Statute et seq.), authorizes and directs the
PROVISIONS AND CONTRACT
The statute that applies to the CLAUSES Secretary of the Department of the
publication of the Federal Acquisition Interior, having due regard for the zones
sradovich on DSK3GMQ082PROD with RULES
Regulation (FAR) is Office of Federal 252.247–7006 [Removed and Reserved] of temperature and for the distribution,
Procurement Policy statute (codified at ■ 2. Remove and reserve section abundance, economic value, breeding
title 41 of the United States Code). 252.247–7006. habits, and times and lines of flight of
Specifically, 41 U.S.C. 1707(a)(1) migratory game birds, to determine
requires that a procurement policy, 252.247–7007 [Amended] when, to what extent, and by what
regulation, procedure or form (including ■ 3. Amend section 252.247–7007, in means such birds or any part, nest, or
an amendment or modification thereof) the introductory text, by removing egg thereof may be taken, hunted,
VerDate Sep<11>2014 00:53 Aug 24, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM 24AUR1](https://thefederalregister.org/doc/83_FR_42953/page/2.svg)
Document Created: 2018-08-24 04:15:30
Document Modified: 2018-08-24 04:15:30
| 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 August 24, 2018. | |
| Contact | Ms. Carrie Moore, telephone 571-372- 6093. | |
| FR Citation | 83 FR 42788 | |
| RIN Number | 0750-AK04 | |
| CFR Citation | 48
CFR
247 48 CFR 252 |
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