Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Option for Supervision and Inspection Services” (DFARS Case 2018-D041), 54680-54681 [2018-23680]
Download as PDF
<![CDATA[
54680
Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Rules and Regulations
IV. Executive Orders 12866 and 13563
PART 228—BONDS AND INSURANCE
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, 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).
228.170
V. Executive Order 13771
This rule is not an E.O. 13771
regulatory action, because this rule is
not significant under E.O. 12866.
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 III. 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 228 and
252
Government procurement.
amozie on DSK3GDR082PROD with RULES
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 228 and 252
are amended as follows:
1. The authority citation for 48 CFR
parts 228 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
VerDate Sep<11>2014
16:24 Oct 30, 2018
Jkt 247001
[Removed]
2. Remove section 228.170.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.228–7004
[Removed and Reserved]
3. Remove and reserve section
252.228–7004.
■
[FR Doc. 2018–23679 Filed 10–30–18; 8:45 am]
BILLING CODE 5001–06p–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 236 and 252
[Docket DARS–2018–0050]
RIN 0750–AK03
Defense Federal Acquisition
Regulation Supplement: Repeal of
DFARS Clause ‘‘Option for Supervision
and Inspection Services’’ (DFARS Case
2018–D041)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
VI. Regulatory Flexibility Act
■
■
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 October 31, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD is amending the DFARS to
remove the DFARS clause 252.236–
7009, Option for Supervision and
Inspection Services, remove the
associated clause prescription at DFARS
236.609–70(a)(1), and revise a cross
reference in the introductory text to
DFARS clause 252.236–7011. DFARS
clause 252.236–7009 is used in fixedprice solicitations and contracts for
architect-engineering services when the
architect may also be required to
provide supervision and inspection
services during construction. The clause
advises contractors that the Government
may, at its option, direct the contractor
to perform supervision and inspection
services for the construction contract. If
the need for such services arises, the
Government will notify the contractor in
writing and the contractor shall proceed
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
with the services upon receipt of the
written notification. A description of the
scope of the supervision and inspection
services is included as an appendix to
the contract.
The need for architect-engineers to
perform supervision and inspection
services during construction is
uncommon. When it is necessary, an
option that accurately describes the
scope of services can be included in the
contract, pursuant to Federal
Acquisition Regulation subpart 17.2,
Options. Contracting activities can
better address these services, to the
extent they are needed and the
procedures applicable to the
requirement, within the scope of a
contract. 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 252.236–7009, Option for
Supervision and Inspection Services,
and determined that the DFARS
coverage 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 obsolete
DFARS clause 252.236–7009, Option for
Supervision and Inspection 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 offthe-shelf items.
III. 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
E:\FR\FM\31OCR1.SGM
31OCR1
Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Rules and Regulations
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.
IV. 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, Office of Information and
Regulatory Affairs, 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).
amozie on DSK3GDR082PROD with RULES
V. Executive Order 13771
This rule is not an E.O. 13771
regulatory action, because this rule is
not significant under E.O. 12866.
Jkt 247001
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 236 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 236 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 236—CONSTRUCTION AND
ARCHITECT—ENGINEER CONTRACTS
236.609–70
[Amended]
2. Amend section 236.609–70 by—
a. In the section heading, removing
‘‘and clause’’;
■ b. Removing paragraph (a); and
■ c. Redesignating the introductory text
of paragraph (b) as introductory text to
the section.
■
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.236—7009
[Removed and Reserved]
3. Remove and reserve section
252.236–7009.
■
252.236–7011
[Amended]
4. Amend section 252.236–7011, in
the introductory text, by removing
‘‘236.609–70(b)’’ and adding ‘‘236.609–
70’’ in its place.
■
[FR Doc. 2018–23680 Filed 10–30–18; 8:45 am]
BILLING CODE 5001–06–P
Defense Acquisition Regulations
System
VII. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
16:24 Oct 30, 2018
List of Subjects in 48 CFR Parts 236 and
252
Government procurement.
DEPARTMENT OF DEFENSE
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 III. 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.
VerDate Sep<11>2014
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
48 CFR Part 252
[Docket DARS–2018–0051]
RIN 0750–AK34
Defense Federal Acquisition
Regulation Supplement: Update of
Clause on Section 8(a) Direct Award
(DFARS Case 2018–D052)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule to
amend the Defense Federal Acquisition
SUMMARY:
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
54681
Regulation Supplement (DFARS) to
remove an obsolete requirement from a
DFARS clause.
DATES: Effective October 31, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer D. Johnson, telephone 571–
372–6100.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to
remove an obsolete requirement from
the clause at DFARS 252.219–7009,
Section 8(a) Direct Award. The clause
currently requires 8(a) contractors to
obtain written approval from the Small
Business Administration (SBA) and the
contracting officer prior to
subcontracting the performance of any
contract requirements. This requirement
no longer exists in SBA’s regulations on
the 8(a) Business Development Program
at 13 CFR part 124.
II. Discussion and Analysis
This rule deletes paragraph (c)(2) of
the clause at DFARS 252.219–7009. This
paragraph contains the obsolete
requirement for an 8(a) contractor to
obtain written approval from SBA and
the contracting officer prior to
subcontracting performance of contract
requirements. The remaining paragraphs
(c) and (c)(1) are combined into a single
paragraph (c). This rule also updates an
outdated reference in paragraph (c)(1)
and makes other minor editorial
changes.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule revises the clause at DFARS
252.219–7009, Section 8(a) Direct
Award. This clause currently applies to
solicitations and contracts below the
simplified acquisition threshold (SAT)
and to the acquisition of commercial
items, including commercially available
off-the-shelf (COTS) items, as defined at
Federal Acquisition Regulation (FAR)
2.101.
DoD is continuing to apply this clause
to solicitations and contracts below the
SAT and to the acquisition of
commercial items, including COTS
items. This rule merely removes an
obsolete requirement to obtain approval
from the contracting officer and SBA
prior to subcontracting work under an
8(a) contract. Not applying this
guidance to contracts below the SAT
and to the acquisition of commercial
items, including COTS items, would
exclude contracts with 8(a) Program
participants that are intended to be
E:\FR\FM\31OCR1.SGM
31OCR1
]]>Agencies
[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Rules and Regulations]
[Pages 54680-54681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23680]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 236 and 252
[Docket DARS-2018-0050]
RIN 0750-AK03
Defense Federal Acquisition Regulation Supplement: Repeal of
DFARS Clause ``Option for Supervision and Inspection Services'' (DFARS
Case 2018-D041)
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 October 31, 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 252.236-7009,
Option for Supervision and Inspection Services, remove the associated
clause prescription at DFARS 236.609-70(a)(1), and revise a cross
reference in the introductory text to DFARS clause 252.236-7011. DFARS
clause 252.236-7009 is used in fixed-price solicitations and contracts
for architect-engineering services when the architect may also be
required to provide supervision and inspection services during
construction. The clause advises contractors that the Government may,
at its option, direct the contractor to perform supervision and
inspection services for the construction contract. If the need for such
services arises, the Government will notify the contractor in writing
and the contractor shall proceed with the services upon receipt of the
written notification. A description of the scope of the supervision and
inspection services is included as an appendix to the contract.
The need for architect-engineers to perform supervision and
inspection services during construction is uncommon. When it is
necessary, an option that accurately describes the scope of services
can be included in the contract, pursuant to Federal Acquisition
Regulation subpart 17.2, Options. Contracting activities can better
address these services, to the extent they are needed and the
procedures applicable to the requirement, within the scope of a
contract. 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 252.236-7009, Option for Supervision and Inspection
Services, and determined that the DFARS coverage 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 obsolete DFARS clause 252.236-7009, Option
for Supervision and Inspection 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. 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
[[Page 54681]]
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.
IV. 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, Office of Information and
Regulatory Affairs, 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).
V. Executive Order 13771
This rule is not an E.O. 13771 regulatory action, because this rule
is not significant under E.O. 12866.
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 III. 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 236 and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 236 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 236 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 236--CONSTRUCTION AND ARCHITECT--ENGINEER CONTRACTS
236.609-70 [Amended]
0
2. Amend section 236.609-70 by--
0
a. In the section heading, removing ``and clause'';
0
b. Removing paragraph (a); and
0
c. Redesignating the introductory text of paragraph (b) as introductory
text to the section.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.236--7009 [Removed and Reserved]
0
3. Remove and reserve section 252.236-7009.
252.236-7011 [Amended]
0
4. Amend section 252.236-7011, in the introductory text, by removing
``236.609-70(b)'' and adding ``236.609-70'' in its place.
[FR Doc. 2018-23680 Filed 10-30-18; 8:45 am]
BILLING CODE 5001-06-P
