Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Additional Services” (DFARS Case 2018-D027), 49178-49179 [2018-20971]

Download as PDF 49178 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Rules and Regulations 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) 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issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove a clause that is outdated and no longer used.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: SUMMARY: amozie on DSK3GDR082PROD with RULES2 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 multifunctional 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 VerDate Sep<11>2014 19:35 Sep 27, 2018 Jkt 244001 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 Offthe-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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 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: 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. E:\FR\FM\28SER2.SGM 28SER2 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Rules and Regulations PART 247—TRANSPORTATION 247.271–3 [Amended] 2. Amend section 247.271–3 by— a. Removing paragraph (n); and b. Redesignating paragraph (o) as paragraph (n). ■ ■ ■ PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.247–7020 [Removed and Reserved] 3. Remove and reserve section 252.247–7020. ■ [FR Doc. 2018–20971 Filed 9–27–18; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 247 and 252 [Docket DARS–2018–0045] RIN 0750–AJ96 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause ‘‘Indefinite Quantities— No Fixed Charges’’ (DFARS Case 2018–D034) 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 clause that is no longer necessary. DATES: Effective September 28, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571–372–6093. SUPPLEMENTARY INFORMATION: SUMMARY: amozie on DSK3GDR082PROD with RULES2 I. Background DoD is amending the DFARS to remove the DFARS clause 252.247– 7005, Indefinite Quantities—No Fixed Charges, and the associated clause prescription at DFARS 247.270–4(e). The DFARS clause is used in indefinitedelivery, indefinite-quantity contracts for stevedoring services to notify the contractor that the minimum value of an order placed under the contract shall not be less than $100. Federal Acquisition Regulation (FAR) clause 52.216–19, Order Limitations, is prescribed for use in all indefinitedelivery contracts and notifies the contractor of the minimum and maximum values of orders to be placed under the contract. In the FAR clause, VerDate Sep<11>2014 19:35 Sep 27, 2018 Jkt 244001 the minimum and maximum values are blank spaces to be filled-in by the contracting officer prior to solicitation. The FAR clause serves the same purpose as the DFARS clause and can be used to reflect the appropriate ordering limitations for stevedoring services. As such, this DFARS clause is unnecessary 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 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 252.247–7005, Indefinite Quantities—No 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 Offthe-Shelf Items This rule only removes DFARS clause 252.247–7005, Indefinite Quantities— No 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 offthe-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 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 49179 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). 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 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. 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 OMB under the Paperwork Reduction Act (44 U.S.C. chapter 35). E:\FR\FM\28SER2.SGM 28SER2

Agencies

[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Rules and Regulations]
[Pages 49178-49179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

-----------------------------------------------------------------------

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