83 FR 49181 - Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Indefinite Quantities-Fixed Charges” (DFARS Case 2018-D039)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 83, Issue 189 (September 28, 2018)
Defense Acquisition Regulations System
Federal Register Volume 83, Issue 189 (September 28, 2018)
| Page Range | 49181-49182 | |
| FR Document | 2018-20974 |
[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)] [Rules and Regulations] [Pages 49181-49182] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20974] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 247 and 252 [Docket DARS-2018-0046] RIN 0750-AK01 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause ``Indefinite Quantities--Fixed Charges'' (DFARS Case 2018- D039) 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 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 the DFARS clause 252.247-7004, Indefinite Quantities--Fixed Charges, and the associated clause prescription at DFARS 247.270-4(d). When applicable, the DFARS clause is used in indefinite-delivery, indefinite-quantity contracts for stevedoring services to notify the contractor that the Government is obligated to pay the contractor the fixed monthly amount established in the contract. This notification is not necessary, since line items are established in all contracts to describe the items being purchased, as well as the pricing, funding, and delivery information for each item. The award of the contract is the Government's agreement to pay the contractor for the line items, in accordance with the contract; therefore, this DFARS clause provides no additional benefit for the contractor or the Government. 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. No public comments were received on this clause. Subsequently, the DoD Task Force reviewed the requirements of DFARS clause 252.247-7004, Indefinite Quantities--Fixed Charges, and determined that the DFARS clause was unnecessary 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 only removes DFARS clause 252.247-7004, Indefinite Quantities--Fixed Charges, which is obsolete. Therefore, the rule does not impose any new requirements on contracts at or below the simplified acquisition threshold or for commercial items, including commercially available off-the-shelf 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 (OMB), 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). [[Page 49182]] IV. 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. 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 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 notification 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 OMB 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 2. Amend section 247.270-4 by-- 0 a. Removing paragraph (d); and 0 b. Redesignating paragraph (e) as paragraph (d). PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.247-7004 [Removed and Reserved] 0 3. Remove and reserve section 252.247-7004. 252.247-7007 [Amended] 0 4. Amend section 252.247-7007, in the introductory text, by removing ``247.270-4(e)'' and adding ``247.270-4(d)'' in its place. [FR Doc. 2018-20974 Filed 9-27-18; 8:45 am] BILLING CODE 5006-01-P
![Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Rules and Regulations 49181
appropriated funds, and has either a 252.216–7005 [Removed and Reserved] February 24, 2017, the President signed
significant effect beyond the internal ■ 3. Remove and reserve section Executive Order (E.O.) 13777,
operating procedures of the agency 252.216–7005. ‘‘Enforcing the Regulatory Reform
issuing the policy, regulation, Agenda,’’ which established a Federal
[FR Doc. 2018–20973 Filed 9–27–18; 8:45 am]
procedure, or form, or has a significant policy ‘‘to alleviate unnecessary
BILLING CODE 5001–06–P
cost or administrative impact on regulatory burdens’’ on the American
contractors or offerors. This final rule is people. In accordance with E.O. 13777,
not required to be published for public DEPARTMENT OF DEFENSE DoD established a Regulatory Reform
comment, because DoD is not issuing a Task Force to review and validate DoD
new regulation; rather, this rule merely Defense Acquisition Regulations regulations, including the DFARS. A
removes an obsolete requirement from System public notice of the establishment of the
the DFARS. DFARS Subgroup to the DoD Regulatory
VI. Regulatory Flexibility Act 48 CFR Parts 247 and 252 Reform Task Force, for the purpose of
[Docket DARS–2018–0046]
reviewing DFARS provisions and
Because a notice of proposed clauses, was published in the Federal
rulemaking and an opportunity for RIN 0750–AK01 Register at 82 FR 35741 on August 1,
public comment are not required to be 2017, and requested public input. No
given for this rule under 41 U.S.C. Defense Federal Acquisition public comments were received on this
1707(a)(1) (see section V. of this Regulation Supplement: Repeal of clause. Subsequently, the DoD Task
preamble), the analytical requirements DFARS Clause ‘‘Indefinite Quantities— Force reviewed the requirements of
of the Regulatory Flexibility Act (5 Fixed Charges’’ (DFARS Case 2018– DFARS clause 252.247–7004, Indefinite
U.S.C. 601 et seq.) are not applicable. D039)
Quantities—Fixed Charges, and
Accordingly, no regulatory flexibility determined that the DFARS clause was
AGENCY: Defense Acquisition
analysis is required and none has been unnecessary and recommended
Regulations System, Department of
prepared. removal.
Defense (DoD).
VII. Paperwork Reduction Act ACTION: Final rule. II. Applicability to Contracts at or
The rule does not contain any SUMMARY: DoD is issuing a final rule Below the Simplified Acquisition
information collection requirements that amending the Defense Federal Threshold and for Commercial Items,
require the approval of OMB under the Acquisition Regulation Supplement Including Commercially Available Off-
Paperwork Reduction Act (44 U.S.C. (DFARS) to remove a clause that is no the-Shelf Items
chapter 35). longer necessary. This rule only removes DFARS clause
List of Subjects in 48 CFR Parts 216 and DATES: Effective September 28, 2018. 252.247–7004, Indefinite Quantities—
252 FOR FURTHER INFORMATION CONTACT: Ms. Fixed Charges, which is obsolete.
Carrie Moore, telephone 571–372–6093. Therefore, the rule does not impose any
Government procurement. SUPPLEMENTARY INFORMATION: new requirements on contracts at or
Jennifer Lee Hawes, below the simplified acquisition
I. Background
Regulatory Control Officer, Defense threshold or for commercial items,
Acquisition Regulations System. DoD is amending the DFARS to including commercially available off-
remove the DFARS clause 252.247– the-shelf items.
Therefore, 48 CFR parts 216 and 252 7004, Indefinite Quantities—Fixed
are amended as follows: Charges, and the associated clause III. Executive Orders 12866 and 13563
prescription at DFARS 247.270–4(d).
■ 1. The authority citation for 48 CFR E.O. 12866, Regulatory Planning and
When applicable, the DFARS clause is
parts 216 and 252 continues to read as Review; and E.O. 13563, Improving
used in indefinite-delivery, indefinite-
follows: Regulation and Regulatory Review,
quantity contracts for stevedoring
Authority: 41 U.S.C. 1303 and 48 CFR services to notify the contractor that the direct agencies to assess all costs and
chapter 1. Government is obligated to pay the benefits of available regulatory
contractor the fixed monthly amount alternatives and, if regulation is
PART 216—TYPES OF CONTRACTS established in the contract. necessary, to select regulatory
This notification is not necessary, approaches that maximize net benefits
216.406 [Amended] (including potential economic,
since line items are established in all
■ 2. Amend section 216.406 by— contracts to describe the items being environmental, public health and safety
purchased, as well as the pricing, effects, distributive impacts, and
■ a. Removing paragraph (e)(2); and equity). E.O. 13563 emphasizes the
funding, and delivery information for
■ b. Redesignating paragraph (e)(1) as each item. The award of the contract is importance of quantifying both costs
paragraph (e). the Government’s agreement to pay the and benefits, of reducing costs, of
contractor for the line items, in harmonizing rules, and of promoting
PART 252—SOLICITATION accordance with the contract; therefore, flexibility. The Office of Management
PROVISIONS AND CONTRACT this DFARS clause provides no and Budget (OMB), Office of
CLAUSES Information and Regulatory Affairs
amozie on DSK3GDR082PROD with RULES2
additional benefit for the contractor or
252.216–7004 [Amended] the Government. As such, this DFARS (OIRA), has determined that this is not
clause is unnecessary and can be a significant regulatory action as defined
■ 3. Amend section 252.216–7004, in removed. under section 3(f) of E.O. 12866 and,
the introductory text, by removing The removal of this DFARS text therefore, was not subject to review
‘‘216.406’’ and adding ‘‘216.406(e)’’ in supports a recommendation from the under section 6(b). This rule is not a
its place. DoD Regulatory Reform Task Force. On major rule as defined at 5 U.S.C. 804(2).
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![49182 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Rules and Regulations
IV. Executive Order 13771 removes an obsolete notification from ■ 1. The authority citation for 48 CFR
the DFARS. parts 247 and 252 continues to read as
This rule is not an E.O. 13771, follows:
Reducing and Controlling Regulatory VI. Regulatory Flexibility Act
Costs, regulatory action, because this Authority: 41 U.S.C. 1303 and 48 CFR
Because a notice of proposed
chapter 1.
rule is not significant under E.O. 12866. rulemaking and an opportunity for
public comment are not required to be PART 247—TRANSPORTATION
V. Publication of This Final Rule for
given for this rule under 41 U.S.C.
Public Comment Is Not Required by
1707(a)(1) (see section V. of this 247.270–4 [Amended]
Statute
preamble), the analytical requirements
of the Regulatory Flexibility Act (5 ■ 2. Amend section 247.270–4 by—
The statute that applies to the
publication of the Federal Acquisition U.S.C. 601 et seq.) are not applicable. ■ a. Removing paragraph (d); and
Regulation (FAR) is Office of Federal Accordingly, no regulatory flexibility ■ b. Redesignating paragraph (e) as
Procurement Policy statute (codified at analysis is required and none has been paragraph (d).
title 41 of the United States Code). prepared.
Specifically, 41 U.S.C. 1707(a)(1) VII. Paperwork Reduction Act PART 252—SOLICITATION
requires that a procurement policy, PROVISIONS AND CONTRACT
The rule does not contain any
regulation, procedure or form (including CLAUSES
information collection requirements that
an amendment or modification thereof)
require the approval of the OMB under 252.247–7004 [Removed and Reserved]
must be published for public comment
the Paperwork Reduction Act (44 U.S.C.
if it relates to the expenditure of ■ 3. Remove and reserve section
chapter 35).
appropriated funds, and has either a 252.247–7004.
significant effect beyond the internal List of Subjects in 48 CFR Parts 247 and
operating procedures of the agency 252 252.247–7007 [Amended]
issuing the policy, regulation, Government procurement.
procedure, or form, or has a significant ■ 4. Amend section 252.247–7007, in
cost or administrative impact on Jennifer Lee Hawes, the introductory text, by removing
contractors or offerors. This final rule is Regulatory Control Officer, Defense ‘‘247.270–4(e)’’ and adding ‘‘247.270–
not required to be published for public Acquisition Regulations System. 4(d)’’ in its place.
comment, because DoD is not issuing a Therefore, 48 CFR parts 247 and 252 [FR Doc. 2018–20974 Filed 9–27–18; 8:45 am]
new regulation; rather, this rule merely are amended as follows: BILLING CODE 5006–01–P
amozie on DSK3GDR082PROD with RULES2
VerDate Sep<11>2014 19:35 Sep 27, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4701 Sfmt 9990 E:\FR\FM\28SER2.SGM 28SER2](https://thefederalregister.org/doc/83_FR_49370/page/2.svg)
Document Created: 2018-09-28 01:23:26
Document Modified: 2018-09-28 01:23:26
| 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 49181 | |
| RIN Number | 0750-AK01 | |
| CFR Citation | 48
CFR
247 48 CFR 252 |
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