Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Requirements” (DFARS Case 2018-D030), 30587-30588 [2018-14041]

Agencies

• Defense Acquisition Regulations System
• DEPARTMENT OF DEFENSE

[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Rules and Regulations]
[Pages 30587-30588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14041]


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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.

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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 
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