Defense Federal Acquisition Regulation Supplement: Proposal Adequacy Checklist Revision (DFARS Case 2013-D033), 4633 [2014-01274]

Download as PDF Federal Register / Vol. 79, No. 19 / Wednesday, January 29, 2014 / Rules and Regulations times are used only when to achieve the purposes of the exception; and (B) Include a copy of such congressional certification in the contract file. ■ 8. Add section 234.005 heading to read as follows: 234.005 General requirements. [FR Doc. 2014–01276 Filed 1–28–14; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 252 RIN 0750–AI15 Defense Federal Acquisition Regulation Supplement: Proposal Adequacy Checklist Revision (DFARS Case 2013–D033) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove a redundant item from the solicitation provision, Proposal Adequacy Checklist. DATES: Effective January 29, 2014. FOR FURTHER INFORMATION CONTACT: Susan Williams, telephone 571–372– 6092. SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with RULES SUMMARY: I. Discussion DoD is revising the DFARS to remove and reserve item 19 of the solicitation provision at DFARS 252.215–7009, Proposal Adequacy Checklist. Item 19 required price analysis for all commercial items offered that are not available to the general public. Through further research and discussion, DOD has determined that item 19 listed on the Proposal Adequacy Checklist is duplicative in nature. DoD has concluded that items proposed with a commercial basis under subcontracts in the proposal require price analysis by the offeror. Furthermore, DoD has also concluded that question 14 under the Material and Service section and question 17 under the Subcontracts section on the Proposal Adequacy Checklist currently address the VerDate Mar<15>2010 15:55 Jan 28, 2014 Jkt 232001 requirement for price analysis of the proposed commercial item that is produced or performed by others. II. Publication of This Final Rule for Public Comment Is Not Required by Statute ‘‘Publication of proposed regulations,’’ 41 U.S.C. 1707, is the statute which applies to the publication of the Federal Acquisition Regulation. Paragraph (a)(1) of the statute 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 the changes are not substantive and will not place any additional burden on the public. III. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 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. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. 4633 Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Part 252 Government procurement. Manuel Quinones, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 252 is amended as follows: PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1. The authority citation for 48 CFR part 252 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR Chapter 1. 252.215–7009 [Amended] 2. Amend section 252.215–7009 by— a. Removing the provision date ‘‘(MAR 2013)’’ and adding ‘‘(JAN 2014)’’ in its place; and ■ b. Removing from the Proposal Adequacy Checklist, item 19— ■ i. Under the ‘‘References’’ column, ‘‘FAR 15.408, Table 15–2, Section II, Paragraph A’’; and ■ ii. Under the ‘‘Submission Item’’ column, ‘‘Does the proposal include a price analysis for all commercial items offered that are not available to the general public?’’ and adding in its place ‘‘[Reserved]’’. ■ ■ [FR Doc. 2014–01274 Filed 1–28–14; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 213 [Docket No. FRA–2011–0058, Notice No. 2] RIN 2130–AC28 IV. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501–1, and 41 U.S.C. 1707 does not require publication for public comment. Track Safety Standards; Improving Rail Integrity V. 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 § 213.113 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 Correction In rule document 2014–01387, appearing on pages 4234–4260 in the issue of Friday, January 24, 2014, make the following correction: Defective rails. [Corrected] On page 4256, the Table titled ‘‘REMEDIAL ACTION TABLE’’, in Subpart D—Track Structure, of Part 213, is corrected to read as follows: E:\FR\FM\29JAR1.SGM 29JAR1

Agencies

[Federal Register Volume 79, Number 19 (Wednesday, January 29, 2014)]
[Rules and Regulations]
[Page 4633]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01274]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AI15


Defense Federal Acquisition Regulation Supplement: Proposal 
Adequacy Checklist Revision (DFARS Case 2013-D033)

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 redundant item 
from the solicitation provision, Proposal Adequacy Checklist.

DATES: Effective January 29, 2014.

FOR FURTHER INFORMATION CONTACT: Susan Williams, telephone 571-372-
6092.

SUPPLEMENTARY INFORMATION:

I. Discussion

    DoD is revising the DFARS to remove and reserve item 19 of the 
solicitation provision at DFARS 252.215-7009, Proposal Adequacy 
Checklist. Item 19 required price analysis for all commercial items 
offered that are not available to the general public. Through further 
research and discussion, DOD has determined that item 19 listed on the 
Proposal Adequacy Checklist is duplicative in nature. DoD has concluded 
that items proposed with a commercial basis under subcontracts in the 
proposal require price analysis by the offeror. Furthermore, DoD has 
also concluded that question 14 under the Material and Service section 
and question 17 under the Subcontracts section on the Proposal Adequacy 
Checklist currently address the requirement for price analysis of the 
proposed commercial item that is produced or performed by others.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    ``Publication of proposed regulations,'' 41 U.S.C. 1707, is the 
statute which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute 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 the changes are not substantive and will not place any 
additional burden on the public.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 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. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require 
publication for public comment.

V. 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 Part 252

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 252 is amended as follows:

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for 48 CFR part 252 continues to read as 
follows:

    Authority:  41 U.S.C. 1303 and 48 CFR Chapter 1.


252.215-7009  [Amended]

0
2. Amend section 252.215-7009 by--
0
a. Removing the provision date ``(MAR 2013)'' and adding ``(JAN 2014)'' 
in its place; and
0
b. Removing from the Proposal Adequacy Checklist, item 19--
0
i. Under the ``References'' column, ``FAR 15.408, Table 15-2, Section 
II, Paragraph A''; and
0
ii. Under the ``Submission Item'' column, ``Does the proposal include a 
price analysis for all commercial items offered that are not available 
to the general public?'' and adding in its place ``[Reserved]''.

[FR Doc. 2014-01274 Filed 1-28-14; 8:45 am]
BILLING CODE 5001-06-P