Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Oral Attestation of Security Responsibilities” (DFARS Case 2019-D006), 12138-12139 [2019-06253]

Download as PDF 12138 Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Rules and Regulations DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 204 and 252 [Docket DARS–2019–0014] RIN 0750–AK41 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause ‘‘Oral Attestation of Security Responsibilities’’ (DFARS Case 2019–D006) 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 April 1, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571–372–6093. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD is amending the DFARS to remove DFARS clause 252.204–7005, Oral Attestation of Security Responsibilities, and the associated clause prescription at DFARS 204.404– 70. This clause is included in solicitations and contracts when the contractor may require access to classified information and requires certain cleared contractor employees to attest orally that they will conform to requisite security responsibilities by reading aloud the first paragraph of Standard Form 312, Classified Information Nondisclosure Agreement, in the presence of a person designated by the contractor and a witness. The purpose of this clause was to make individuals more aware of the significance of the access being granted to them. Upon further review, DoD subject matter experts determined that the clause is not necessary to safeguard classified information in industry. In addition, the Industrial Security Regulation and National Industrial Security Program Operating Manual contain the requisite policies and procedures to safeguard Government classified information released to contractors, licensees, and grantees of the Government. Neither of these documents require contractor employees to attest orally to their security responsibilities, as required by the clause. As such, this DFARS clause VerDate Sep<11>2014 15:56 Mar 29, 2019 Jkt 247001 is no longer necessary and can be removed. The removal of this DFARS text 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. The DoD Task Force reviewed the requirements of DFARS clause 252.204–7005, Oral Attestation of Security Responsibilities, 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 252.204–7005, Oral Attestation of Security Responsibilities. 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 Federal Acquisition Regulation (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 PO 00000 Frm 00092 Fmt 4700 Sfmt 4700 new regulation; rather, this rule is merely removing an obsolete clause from the DFARS. IV. 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). V. Executive Order 13771 This rule is not subject to E.O. 13771, because this rule is not a significant regulatory action 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 204 and 252 Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR parts 204 and 252 are amended as follows: ■ 1. The authority citation for 48 CFR parts 204 and 252 continues to read as follows: E:\FR\FM\01APR1.SGM 01APR1 Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Rules and Regulations Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 204—ADMINISTRATIVE MATTERS 204.404–70 [Amended] 2. Amend section 204.404–70 by removing paragraph (c). ■ PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.204–7005 [Removed and Reserved] 3. Remove and reserve section 252.204–7005. ■ [FR Doc. 2019–06253 Filed 3–29–19; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 216 [Docket DARS–2019–0007] RIN 0750–AK45 Defense Federal Acquisition Regulation Supplement: Repeal of Congressional Notification for Certain Task- and Delivery-Order Contracts (DFARS Case 2018–D076) 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 make clarifications and updates associated with determinations to award task- or delivery-order contracts estimated to exceed $112 million to a single source. DATES: Effective April 1, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571–372–6093. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD is amending the DFARS to clarify that the Congressional notification required at Federal Acquisition Regulation (FAR) 16.504(c)(1)(ii)(D)(2) does not apply to DoD acquisitions. Currently, FAR 16.504(c)(1)(ii)(D)(2) requires the head of the agency to notify Congress within 30 days after making a determination that it is in the public interest to award a task- or deliveryorder contract in an amount exceeding $112 million to a single source due to exceptional circumstances. This VerDate Sep<11>2014 15:56 Mar 29, 2019 Jkt 247001 notification requirement is codified at 41 U.S.C. 4103(d)(3)(B). 41 U.S.C. 4103 does not apply to DoD; therefore, the DFARS is being amended to clarify that this reporting requirement does not apply to DoD acquisitions. Additionally, DFARS 216.504(c)(1) (ii)(D) requires that a copy of a written determination, made in accordance with FAR 16.504(c)(1)(ii)(D), to award a taskor delivery-order contract with a value greater than $112 million to a single source be submitted to the Director, Defense Pricing and Contracting (DPC). DFARS 216.504(c)(1)(ii)(D)(1) prohibits these determinations from being made by an individual below the level of the senior procurement official. The statutory requirements for DoD to report or provide notifications on these determinations have been rescinded and, as a result, there is no longer a need for a copy of these determinations to be submitted to DPC or to restrict delegation of this the authority. Therefore, this rule removes the text at DFARS 216.504(c)(1)(ii)(D) and modifies the text at DFARS 216.504(c)(1)(ii)(D)(1) to remove the restriction on the delegation of authority to make the determination. 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 impact any existing provisions or clauses. 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 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 it simply amends and clarifies processes that are internal to the agency. IV. Executive Orders 12866 and 13563 Executive Order (E.O.) 12866, Regulatory Planning and Review; and PO 00000 Frm 00093 Fmt 4700 Sfmt 4700 12139 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 Part 216 Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR part 216 is amended as follows: PART 216—TYPES OF CONTRACTS 1. The authority citation for part 216 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. ■ 2. Revise 216.504 to read as follows: 216.504 Indefinite-quantity contracts. (c) Multiple award preference—(1) Planning the acquisition. (ii)(D)(1) The E:\FR\FM\01APR1.SGM 01APR1

Agencies

[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Rules and Regulations]
[Pages 12138-12139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06253]



[[Page 12138]]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 204 and 252

[Docket DARS-2019-0014]
RIN 0750-AK41


Defense Federal Acquisition Regulation Supplement: Repeal of 
DFARS Clause ``Oral Attestation of Security Responsibilities'' (DFARS 
Case 2019-D006)

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 April 1, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD is amending the DFARS to remove DFARS clause 252.204-7005, Oral 
Attestation of Security Responsibilities, and the associated clause 
prescription at DFARS 204.404-70. This clause is included in 
solicitations and contracts when the contractor may require access to 
classified information and requires certain cleared contractor 
employees to attest orally that they will conform to requisite security 
responsibilities by reading aloud the first paragraph of Standard Form 
312, Classified Information Nondisclosure Agreement, in the presence of 
a person designated by the contractor and a witness. The purpose of 
this clause was to make individuals more aware of the significance of 
the access being granted to them. Upon further review, DoD subject 
matter experts determined that the clause is not necessary to safeguard 
classified information in industry. In addition, the Industrial 
Security Regulation and National Industrial Security Program Operating 
Manual contain the requisite policies and procedures to safeguard 
Government classified information released to contractors, licensees, 
and grantees of the Government. Neither of these documents require 
contractor employees to attest orally to their security 
responsibilities, as required by the clause. As such, this DFARS clause 
is no longer necessary and can be removed.
    The removal of this DFARS text 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. The DoD Task Force reviewed the requirements of DFARS clause 
252.204-7005, Oral Attestation of Security Responsibilities, 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 252.204-7005, Oral 
Attestation of Security Responsibilities. 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 Federal 
Acquisition Regulation (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 is merely removing an 
obsolete clause from the DFARS.

IV. 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).

V. Executive Order 13771

    This rule is not subject to E.O. 13771, because this rule is not a 
significant regulatory action 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 204 and 252

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 204 and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 204 and 252 continues to 
read as follows:


[[Page 12139]]


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

PART 204--ADMINISTRATIVE MATTERS


204.404-70   [Amended]

0
2. Amend section 204.404-70 by removing paragraph (c).

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.204-7005   [Removed and Reserved]

0
3. Remove and reserve section 252.204-7005.

[FR Doc. 2019-06253 Filed 3-29-19; 8:45 am]
 BILLING CODE 5001-06-P