Defense Federal Acquisition Regulation Supplement: Modification of DFARS Clause “Transportation of Supplies by Sea” (DFARS Case 2018-D028), 4370-4371 [2019-02528]
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<![CDATA[
4370
239.7302
Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Rules and Regulations
[Amended]
DEPARTMENT OF DEFENSE
7. Amend section 239.7302,
introductory text, by removing ‘‘national
security systems, as that term is defined
at 44 U.S.C. 3542(b),’’ and adding
‘‘covered systems (see 10 U.S.C. 2339a)’’
in its place.
■
239.7303
8. Amend section 239.7303 by—
a. In paragraph (b)(1), removing
‘‘Acquisition, Technology, and
Logistics’’ and adding ‘‘Acquisition and
Sustainment’’ in its place; and
■ b. In paragraph (b)(2), removing
‘‘senior’’ and adding ‘‘service’’ in its
place.
■
[Amended]
9. Amend section 239.7304, in
paragraphs (a), (b) introductory text, and
(c)(2)(ii) by removing ‘‘Acquisition,
Technology, and Logistics’’ and adding
‘‘Acquisition and Sustainment’’ in their
place.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.239–7017
[Amended]
10. Amend section 252.239–7017 by—
a. In the clause heading, removing the
date ‘‘(NOV 2013)’’ and adding ‘‘(FEB
2019)’’ in its place;
■ b. In paragraph (a), removing
‘‘national security system (as that term
is defined at 44 U.S.C. 3542(b))’’ and
‘‘such system’’ and adding ‘‘covered
system’’ and ‘‘such system (see 10
U.S.C. 2339a)’’ in its place, respectively;
■ c. In paragraph (b) removing ‘‘section
806 of Public Law 383’’ and adding ‘‘10
U.S.C. 2339a’’ in its place; and
■ d. In paragraph (c) removing ‘‘section
806 of Public Law 383’’ and adding ‘‘10
U.S.C. 2339a’’ in its place.
■
■
252.239–7018
[Amended]
11. Amend section 252.239–7018 by—
a. In the clause heading, removing the
date ‘‘(OCT 2015)’’ and adding ‘‘(FEB
2019)’’ in its place;
■ b. In paragraph (a), in the definition of
‘‘Supply chain risk’’ removing ‘‘national
security system (as that term is defined
at 44 U.S.C. 3542(b))’’ and ‘‘such
system’’ and adding ‘‘covered system’’
and ‘‘such system (see 10 U.S.C. 2339a)’’
in its place, respectively; and
■ c. In paragraphs (c) and (d), removing
‘‘section 806 of Public Law 111–383’’
and adding ‘‘10 U.S.C. 2339a’’ in its
place in both places.
■
■
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48 CFR Parts 212, 247, and 252
[Docket DARS–2018–0040]
[Amended]
■
239.7304
Defense Acquisition Regulations
System
[FR Doc. 2019–02529 Filed 2–14–19; 8:45 am]
BILLING CODE 5001–06–P
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16:03 Feb 14, 2019
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RIN 0750–AJ94
Defense Federal Acquisition
Regulation Supplement: Modification
of DFARS Clause ‘‘Transportation of
Supplies by Sea’’ (DFARS Case 2018–
D028)
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 modify the text of an
existing DFARS clause to include the
text of another DFARS clause, in order
to streamline the instructions to
contractors subject to both of these
clauses.
SUMMARY:
Effective February 15, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
DATES:
I. Background
DoD published a proposed rule in the
Federal Register at 83 FR 42846 on
August 24, 2018, to modify DFARS
clause 252.247–7023, Transportation of
Supplies by Sea, to include the
instructions currently specified in
DFARS clause 252.247–7024,
Notification of Supplies by Sea, and
then remove DFARS clause 252.247–
7024 from the DFARS. No public
comments were received in response to
the proposed rule.
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
including Commercially Available OffThe-Shelf Items
This rule does not create any new
provisions or clauses or impose any new
requirements. The rule merely
consolidates existing instructions
regarding notifications of transportation
of supplies by sea into a single DFARS
clause, 252.247–7023, which will
continue to apply to contracts for
commercial and commercially available
Off-the-shelf items, as well as contracts
at or below the simplified acquisition
threshold.
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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, 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 final rule is not an E.O. 13771
regulatory action, because this rule is
not significant under E.O. 12866.
V. Regulatory Flexibility Act
A final regulatory flexibility analysis
(FRFA) has been prepared consistent
with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is
summarized as follows:
DoD is amending DFARS clause
252.247–7023, Transportation of
Supplies by Sea, to include the
instructions currently specified in
DFARS clause 252.247–7024,
Notification of Supplies by Sea, and
then removing DFARS clause 252.247–
7024 from the DFARS. The objective of
this rule is to streamline the instructions
to contractors pertaining to the
transportation of supplies by sea. The
combination of these DFARS clauses
supports a recommendation from the
DoD Regulatory Reform Task Force.
No public comments were received in
response to the initial regulatory
flexibility analysis.
Based on fiscal year 2016 data from
the Federal Procurement Data System,
the Government issued approximately
83,000 contract actions that included
DFARS clause 252.247–7023. Of the
83,000 contract actions, approximately
39,000 awards were made to 15,000
unique small businesses entities.
This rule does not include any new
reporting, recordkeeping, or other
compliance requirements for small
businesses.
There are no known significant
alternative approaches to the rule that
would meet the proposed objectives.
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15FER1
Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Rules and Regulations
VI. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) does apply; however,
these changes to the DFARS do not
impose additional information
collection requirements to the
paperwork burden previously approved
under OMB Control Number 0704–0245,
titled: Defense Federal Acquisition
Regulation Supplement (DFARS) Part
247, Transportation and Related
Clauses.
List of Subjects in 48 CFR Parts 212,
247, and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 212, 247, and
252 are amended as follows:
■ 1. The authority citation for 48 CFR
parts 212, 247, and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
212.301
[Amended]
2. Amend section 212.301 by:
a. Removing paragraph (f)(xix)(D);
b. Redesignating paragraphs (f)(xix)(E)
through (H) as paragraphs (f)(xix)(D)
through (G), respectively;
■ c. In the newly redesignated
paragraph (f)(xix)(D), removing
‘‘247.574(d)’’ and adding ‘‘247.574(c)’’
in its place;
■ d. In the newly redesignated
paragraph (f)(xix)(E), removing
‘‘247.574(e)’’ and adding ‘‘247.574(d)’’
in its place;
■ e. In the newly redesignated
paragraph (f)(xix)(F), removing
‘‘247.574(f)’’ and adding ‘‘247.574(e)’’ in
its place; and
■ f. In the newly redesignated paragraph
(f)(xix)(G), removing ‘‘U.S’’ and adding
‘‘U.S.’’ in its place.
■
■
■
PART 247—TRANSPORTATION
247.574
[Amended]
3. Amend section 247.574 by:
a. Removing paragraph (c); and
b. Redesignating paragraphs (d)
through (f) as paragraphs (c) through (e),
respectively.
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■
■
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
4. Amend section 252.247–7023 by:
a. In the clause heading, removing the
date ‘‘(APR 2014)’’ and adding ‘‘(FEB
2019)’’ in its place;
■
■
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16:03 Feb 14, 2019
Jkt 247001
b. Redesignating paragraph (h) as
paragraph (i);
■ c. Adding a new paragraph (h); and
■ d. In the newly redesignated
paragraphs (i)(1) and (2), removing
‘‘paragraph (h)’’ and adding ‘‘paragraph
(i)’’ in both places;
■ e. In Alternate I:
■ i. In the clause heading, removing the
date of ‘‘(APR 2014)’’ and adding ‘‘(FEB
2019)’’ in its place;
■ ii. Redesignating paragraph (h) as
paragraph (i);
■ iii. In the newly redesignated
paragraphs (i)(1) and (2), removing
‘‘paragraph (h)’’ and adding ‘‘paragraph
(i)’’ in both places; and
■ iv. Adding a new paragraph (h).
■ f. In Alternate II—
■ i. In the clause heading, removing the
date of ‘‘(APR 2014)’’ and adding ‘‘(FEB
2019)’’ in its place;
■ ii. Redesignating paragraph (h) as
paragraph (i);
■ iii. In the newly redesignated
paragraphs (i)(1) and (2), removing
‘‘paragraph (h)’’ and adding ‘‘paragraph
(i)’’ in both places; and
■ iv. Adding a new paragraph (h).
The additions read as follows:
■
252.247–7023
by Sea.
Transportation of Supplies
*
*
*
*
(h) If the Contractor has indicated by
the response to the solicitation
provision, Representation of Extent of
Transportation by Sea, that it did not
anticipate transporting by sea any
supplies; however, after the award of
this contract, the Contractor learns that
supplies will be transported by sea, the
Contractor—
(1) Shall notify the Contracting Officer
of that fact; and
(2) Hereby agrees to comply with all
the terms and conditions of this clause.
*
*
*
*
*
Alternate I. * * *
*
*
*
*
*
(h) If the Contractor has indicated by
the response to the solicitation
provision, Representation of Extent of
Transportation by Sea, that it did not
anticipate transporting by sea any
supplies; however, after the award of
this contract, the Contractor learns that
supplies will be transported by sea, the
Contractor—
(1) Shall notify the Contracting Officer
of that fact; and
(2) Hereby agrees to comply with all
the terms and conditions of this clause.
*
*
*
*
*
Alternate II. * * *
*
*
*
*
*
(h) If the Contractor has indicated by
the response to the solicitation
Frm 00065
provision, Representation of Extent of
Transportation by Sea, that it did not
anticipate transporting by sea any
supplies, but the contractor learns after
the award of the contract that supplies
will be transported by sea, the
Contractor shall notify the Contracting
Officer of that fact.
*
*
*
*
*
252.247–7024
[Removed and Reserved]
4. Remove and reserve section
252.247–7024.
■
252.247–7025
[Amended]
5. Amend section 252.247–7025, in
the introductory text, by removing
‘‘247.574(d)’’ and adding ‘‘247.574(c)’’
in its place.
■
252.247–7026
[Amended]
6. Amend section 252.247–7026, in
the introductory text, by removing
‘‘247.574(e)’’ and adding ‘‘247.574(d)’’
in its place.
■
252.247–7027
[Amended]
7. Amend section 252.247–7027, in
the introductory text, by removing
‘‘247.574(f)’’ and adding ‘‘247.574(e)’’ in
its place.
■
[FR Doc. 2019–02528 Filed 2–14–19; 8:45 am]
*
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BILLING CODE 5001–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 236
[Docket DARS–2018–0039]
RIN 0750–AJ75
Defense Federal Acquisition
Regulation Supplement: Exemption
From Design-Build Selection
Procedures (DFARS Case 2018–D011)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule to
amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement a section of the National
Defense Authorization Act for Fiscal
Year 2018 that provides an exemption
from design-build selection procedures
for contracts that exceed $4 million.
DATES: Effective February 15, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Heather Kitchens, telephone 571–372–
6104.
SUMMARY:
SUPPLEMENTARY INFORMATION:
E:\FR\FM\15FER1.SGM
15FER1
]]>Agencies
[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4370-4371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02528]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 247, and 252
[Docket DARS-2018-0040]
RIN 0750-AJ94
Defense Federal Acquisition Regulation Supplement: Modification
of DFARS Clause ``Transportation of Supplies by Sea'' (DFARS Case 2018-
D028)
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 modify the text of an
existing DFARS clause to include the text of another DFARS clause, in
order to streamline the instructions to contractors subject to both of
these clauses.
DATES: Effective February 15, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 83 FR
42846 on August 24, 2018, to modify DFARS clause 252.247-7023,
Transportation of Supplies by Sea, to include the instructions
currently specified in DFARS clause 252.247-7024, Notification of
Supplies by Sea, and then remove DFARS clause 252.247-7024 from the
DFARS. No public comments were received in response to the proposed
rule.
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 create any new provisions or clauses or impose
any new requirements. The rule merely consolidates existing
instructions regarding notifications of transportation of supplies by
sea into a single DFARS clause, 252.247-7023, which will continue to
apply to contracts for commercial and commercially available Off-the-
shelf items, as well as contracts at or below the simplified
acquisition threshold.
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, 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 final rule is not an E.O. 13771 regulatory action, because
this rule is not significant under E.O. 12866.
V. Regulatory Flexibility Act
A final regulatory flexibility analysis (FRFA) has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
The FRFA is summarized as follows:
DoD is amending DFARS clause 252.247-7023, Transportation of
Supplies by Sea, to include the instructions currently specified in
DFARS clause 252.247-7024, Notification of Supplies by Sea, and then
removing DFARS clause 252.247-7024 from the DFARS. The objective of
this rule is to streamline the instructions to contractors pertaining
to the transportation of supplies by sea. The combination of these
DFARS clauses supports a recommendation from the DoD Regulatory Reform
Task Force.
No public comments were received in response to the initial
regulatory flexibility analysis.
Based on fiscal year 2016 data from the Federal Procurement Data
System, the Government issued approximately 83,000 contract actions
that included DFARS clause 252.247-7023. Of the 83,000 contract
actions, approximately 39,000 awards were made to 15,000 unique small
businesses entities.
This rule does not include any new reporting, recordkeeping, or
other compliance requirements for small businesses.
There are no known significant alternative approaches to the rule
that would meet the proposed objectives.
[[Page 4371]]
VI. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply;
however, these changes to the DFARS do not impose additional
information collection requirements to the paperwork burden previously
approved under OMB Control Number 0704-0245, titled: Defense Federal
Acquisition Regulation Supplement (DFARS) Part 247, Transportation and
Related Clauses.
List of Subjects in 48 CFR Parts 212, 247, and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 212, 247, and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 212, 247, and 252 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
212.301 [Amended]
0
2. Amend section 212.301 by:
0
a. Removing paragraph (f)(xix)(D);
0
b. Redesignating paragraphs (f)(xix)(E) through (H) as paragraphs
(f)(xix)(D) through (G), respectively;
0
c. In the newly redesignated paragraph (f)(xix)(D), removing
``247.574(d)'' and adding ``247.574(c)'' in its place;
0
d. In the newly redesignated paragraph (f)(xix)(E), removing
``247.574(e)'' and adding ``247.574(d)'' in its place;
0
e. In the newly redesignated paragraph (f)(xix)(F), removing
``247.574(f)'' and adding ``247.574(e)'' in its place; and
0
f. In the newly redesignated paragraph (f)(xix)(G), removing ``U.S''
and adding ``U.S.'' in its place.
PART 247--TRANSPORTATION
247.574 [Amended]
0
3. Amend section 247.574 by:
0
a. Removing paragraph (c); and
0
b. Redesignating paragraphs (d) through (f) as paragraphs (c) through
(e), respectively.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 252.247-7023 by:
0
a. In the clause heading, removing the date ``(APR 2014)'' and adding
``(FEB 2019)'' in its place;
0
b. Redesignating paragraph (h) as paragraph (i);
0
c. Adding a new paragraph (h); and
0
d. In the newly redesignated paragraphs (i)(1) and (2), removing
``paragraph (h)'' and adding ``paragraph (i)'' in both places;
0
e. In Alternate I:
0
i. In the clause heading, removing the date of ``(APR 2014)'' and
adding ``(FEB 2019)'' in its place;
0
ii. Redesignating paragraph (h) as paragraph (i);
0
iii. In the newly redesignated paragraphs (i)(1) and (2), removing
``paragraph (h)'' and adding ``paragraph (i)'' in both places; and
0
iv. Adding a new paragraph (h).
0
f. In Alternate II--
0
i. In the clause heading, removing the date of ``(APR 2014)'' and
adding ``(FEB 2019)'' in its place;
0
ii. Redesignating paragraph (h) as paragraph (i);
0
iii. In the newly redesignated paragraphs (i)(1) and (2), removing
``paragraph (h)'' and adding ``paragraph (i)'' in both places; and
0
iv. Adding a new paragraph (h).
The additions read as follows:
252.247-7023 Transportation of Supplies by Sea.
* * * * *
(h) If the Contractor has indicated by the response to the
solicitation provision, Representation of Extent of Transportation by
Sea, that it did not anticipate transporting by sea any supplies;
however, after the award of this contract, the Contractor learns that
supplies will be transported by sea, the Contractor--
(1) Shall notify the Contracting Officer of that fact; and
(2) Hereby agrees to comply with all the terms and conditions of
this clause.
* * * * *
Alternate I. * * *
* * * * *
(h) If the Contractor has indicated by the response to the
solicitation provision, Representation of Extent of Transportation by
Sea, that it did not anticipate transporting by sea any supplies;
however, after the award of this contract, the Contractor learns that
supplies will be transported by sea, the Contractor--
(1) Shall notify the Contracting Officer of that fact; and
(2) Hereby agrees to comply with all the terms and conditions of
this clause.
* * * * *
Alternate II. * * *
* * * * *
(h) If the Contractor has indicated by the response to the
solicitation provision, Representation of Extent of Transportation by
Sea, that it did not anticipate transporting by sea any supplies, but
the contractor learns after the award of the contract that supplies
will be transported by sea, the Contractor shall notify the Contracting
Officer of that fact.
* * * * *
252.247-7024 [Removed and Reserved]
0
4. Remove and reserve section 252.247-7024.
252.247-7025 [Amended]
0
5. Amend section 252.247-7025, in the introductory text, by removing
``247.574(d)'' and adding ``247.574(c)'' in its place.
252.247-7026 [Amended]
0
6. Amend section 252.247-7026, in the introductory text, by removing
``247.574(e)'' and adding ``247.574(d)'' in its place.
252.247-7027 [Amended]
0
7. Amend section 252.247-7027, in the introductory text, by removing
``247.574(f)'' and adding ``247.574(e)'' in its place.
[FR Doc. 2019-02528 Filed 2-14-19; 8:45 am]
BILLING CODE 5001-01-P
