83 FR 49178 - Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Additional Services” (DFARS Case 2018-D027)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 83, Issue 189 (September 28, 2018)

Page Range		49178-49179
FR Document		2018-20971

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove a clause that is outdated and no longer used.

Federal Register, Volume 83 Issue 189 (Friday, September 28, 2018)

[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Rules and Regulations]
[Pages 49178-49179]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20971]



[[Page 49177]]

Vol. 83

Friday,

No. 189

September 28, 2018

Part II





Department of Defense





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Defense Acquisition Regulations System





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48 CFR Parts 216, 247, and 252





Federal Acquisition Regulations; Defense Federal Acquisition Regulation 
Supplement: Repeal of DFARS Clause ``Additional Services'' (DFARS Case 
2018-D027); Repeal of DFARS Clause Indefinite Quantities--No Fixed 
Charges; Repeal of DFARS Clause Award Fee; Repeal of DFARS Clause 
Indefinite Quantities--Fixed Charges; Final Rules

Federal Register / Vol. 83 , No. 189 / Friday, September 28, 2018 / 
Rules and Regulations

[[Page 49178]]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 247 and 252

[Docket DARS-2018-0043]
RIN 0750-AJ89


Defense Federal Acquisition Regulation Supplement: Repeal of 
DFARS Clause ``Additional Services'' (DFARS Case 2018-D027)

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 a clause that is 
outdated and no longer used.

DATES: Effective September 28, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD is amending the DFARS to remove DFARS clause 252.247-7020, 
Additional Services, and the associated clause prescription at DFARS 
247.271-3. DFARS clause 252.247-7020 applies to personal property 
movement and storage contracts when a need for services related to the 
contract, but not specifically addressed in the contract, occurs during 
contract performance.
    The DFARS clause is included in contracts when acquiring services 
for the preparation of personal property for movement or storage, or 
for performance of intra-city or intra-area movement, and advises 
contractors that the rates billed to the US Government for additional 
services must be comparable to the rates for similar services on file 
with the Military Traffic Management Command at the time of the order.
    The DFARS clause is no longer necessary, as the requirement for 
personal property movement and storage has evolved since the creation 
of this clause. Coordination with multi-functional teams and proactive 
communication with customers has better defined such additional 
services, and the requirement for these services is included in the 
performance work statement and resultant contract line item structure. 
As such, this clause is no longer necessary.
    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 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 252.247-7020, Additional Services, 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 merely removes obsolete DFARS clause 252.247-7020, 
Additional Services. 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 Executive Order (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 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.

[[Page 49179]]

PART 247--TRANSPORTATION


247.271-3   [Amended]

0
2. Amend section 247.271-3 by--
0
a. Removing paragraph (n); and
0
b. Redesignating paragraph (o) as paragraph (n).

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.247-7020   [Removed and Reserved]

0
3. Remove and reserve section 252.247-7020.

[FR Doc. 2018-20971 Filed 9-27-18; 8:45 am]
 BILLING CODE 5001-06-P

49178 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Rules and Regulations

DEPARTMENT OF DEFENSE Executive Order (E.O.) 13777, action, because this rule is not
‘‘Enforcing the Regulatory Reform significant under E.O. 12866.
Defense Acquisition Regulations Agenda,’’ which established a Federal
System policy ‘‘to alleviate unnecessary V. Publication of This Final Rule for
regulatory burdens’’ on the American Public Comment Is Not Required by
48 CFR Parts 247 and 252 people. In accordance with E.O. 13777, Statute
[Docket DARS–2018–0043]
DoD established a Regulatory Reform The statute that applies to the
Task Force to review and validate DoD publication of the Federal Acquisition
RIN 0750–AJ89 regulations, including the DFARS. A Regulation (FAR) is the Office of Federal
public notice of the establishment of the Procurement Policy statute (codified at
Defense Federal Acquisition DFARS Subgroup to the DoD Regulatory
Regulation Supplement: Repeal of title 41 of the United States Code).
Reform Task Force, for the purpose of
DFARS Clause ‘‘Additional Services’’ Specifically, 41 U.S.C. 1707(a)(1)
reviewing DFARS provisions and
(DFARS Case 2018–D027) requires that a procurement policy,
clauses, was published in the Federal
regulation, procedure or form (including
AGENCY: Defense Acquisition Register at 82 FR 35741 on August 1,
2017, and requested public input. No an amendment or modification thereof)
Regulations System, Department of must be published for public comment
Defense (DoD). public comments were received on this
provision. Subsequently, the DoD Task if it relates to the expenditure of
ACTION: Final rule. appropriated funds, and has either a
Force reviewed the requirements of
DFARS clause 252.247–7020, significant effect beyond the internal
SUMMARY: DoD is issuing a final rule
Additional Services, and determined operating procedures of the agency
amending the Defense Federal
that the DFARS coverage was redundant issuing the policy, regulation,
Acquisition Regulation Supplement
and recommended removal. procedure, or form, or has a significant
(DFARS) to remove a clause that is
cost or administrative impact on
outdated and no longer used. II. Applicability to Contracts at or contractors or offerors. This final rule is
DATES: Effective September 28, 2018. Below the Simplified Acquisition not required to be published for public
FOR FURTHER INFORMATION CONTACT: Ms. Threshold and for Commercial Items, comment, because DoD is not issuing a
Carrie Moore, telephone 571–372–6093. Including Commercially Available Off- new regulation; rather, this rule merely
SUPPLEMENTARY INFORMATION: the-Shelf Items removes an obsolete clause from the
I. Background This rule merely removes obsolete DFARS.
DFARS clause 252.247–7020,
DoD is amending the DFARS to VI. Regulatory Flexibility Act
Additional Services. Therefore, the rule
remove DFARS clause 252.247–7020, does not impose any new requirements Because a notice of proposed
Additional Services, and the associated on contracts at or below the simplified rulemaking and an opportunity for
clause prescription at DFARS 247.271– acquisition threshold and for public comment are not required to be
3. DFARS clause 252.247–7020 applies commercial items, including given for this rule under 41 U.S.C.
to personal property movement and commercially available off-the-shelf
storage contracts when a need for 1707(a)(1) (see section V. of this
items. preamble), the analytical requirements
services related to the contract, but not
specifically addressed in the contract, III. Executive Orders 12866 and 13563 of the Regulatory Flexibility Act (5
occurs during contract performance. U.S.C. 601 et seq.) are not applicable.
Executive Order (E.O.) 12866,
The DFARS clause is included in Accordingly, no regulatory flexibility
Regulatory Planning and Review; and
contracts when acquiring services for analysis is required and none has been
E.O. 13563, Improving Regulation and
the preparation of personal property for prepared.
Regulatory Review, direct agencies to
movement or storage, or for performance assess all costs and benefits of available VII. Paperwork Reduction Act
of intra-city or intra-area movement, and regulatory alternatives and, if regulation
advises contractors that the rates billed is necessary, to select regulatory The rule does not contain any
to the US Government for additional approaches that maximize net benefits information collection requirements that
services must be comparable to the rates (including potential economic, require the approval of the Office of
for similar services on file with the environmental, public health and safety Management and Budget under the
Military Traffic Management Command effects, distributive impacts, and Paperwork Reduction Act (44 U.S.C.
at the time of the order. equity). E.O. 13563 emphasizes the chapter 35).
The DFARS clause is no longer importance of quantifying both costs
necessary, as the requirement for List of Subjects in 48 CFR Parts 247 and
and benefits, of reducing costs, of
personal property movement and 252
harmonizing rules, and of promoting
storage has evolved since the creation of flexibility. The Office of Management Government procurement.
this clause. Coordination with multi- and Budget, Office of Information and
functional teams and proactive Regulatory Affairs (OIRA), has Jennifer Lee Hawes,
communication with customers has determined that this is not a significant Regulatory Control Officer, Defense
better defined such additional services, regulatory action as defined under Acquisition Regulations System.
and the requirement for these services is section 3(f) of E.O. 12866 and, therefore,
included in the performance work was not subject to review under section Therefore, 48 CFR parts 247 and 252
amozie on DSK3GDR082PROD with RULES2

statement and resultant contract line 6(b). This rule is not a major rule as are amended as follows:
item structure. As such, this clause is no defined at 5 U.S.C. 804(2).
longer necessary. ■ 1. The authority citation for 48 CFR
The removal of this DFARS clause IV. Executive Order 13771 parts 247 and 252 continues to read as
supports a recommendation from the This rule is not an Executive Order follows:
DoD Regulatory Reform Task Force. On (E.O.) 13771, Reducing Regulation and Authority: 41 U.S.C. 1303 and 48 CFR
February 24, 2017, the President signed Controlling Regulatory Costs, regulatory chapter 1.

VerDate Sep<11>2014 19:35 Sep 27, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\28SER2.SGM 28SER2

Document Created: 2018-09-28 01:23:43
Document Modified: 2018-09-28 01:23:43

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 September 28, 2018.
Contact		Ms. Carrie Moore, telephone 571-372- 6093.
FR Citation		83 FR 49178
RIN Number		0750-AJ89
CFR Citation		48 CFR 247 48 CFR 252

83 FR 49178 - Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Additional Services” (DFARS Case 2018-D027)

DEPARTMENT OF DEFENSEDefense Acquisition Regulations System

Federal Register Volume 83, Issue 189 (September 28, 2018)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System