Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Ordering Limitation” (DFARS Case 2019-D026), 25194-25195 [2019-11311]

Download as PDF 25194 Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Rules and Regulations 211.204 Solicitation provisions and contract clauses. (c) When contract performance requires use of specifications, standards, and data item descriptions that are not listed in the Acquisition Streamlining and Standardization Information System database, use a provision, as appropriate, substantially the same as 252.211–7002, Availability for Examination of Specifications, Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent Documents. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES reporting information on protests involving the same contract award or proposed award that have been filed at both the Government Accountability Office and the United States Court of Federal Claims. DEPARTMENT OF DEFENSE List of Subjects in 48 CFR Parts 215 and 233 [Docket DARS–2019–0023] Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR parts 215 and 233 are amended as follows: ■ 1. The authority citations for 48 CFR parts 215 and 233 continue to read as follows: [FR Doc. 2019–11310 Filed 5–30–19; 8:45 am] Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 252.211–7001 ■ [Removed and Reserved] 3. Remove and reserve section 252.211–7001. BILLING CODE 5001–06–P PART 215—CONTRACTING BY NEGOTIATIONS DEPARTMENT OF DEFENSE 2. Section 215.406–2 is added to read as follows: ■ Defense Acquisition Regulations System 215.406–2 Certificate of Current Cost or Pricing Data. 48 CFR Parts 215 and 233 See PGI 215.406–2 for additional information and guidance on Certificates of Current Cost or Pricing Data. [Docket DARS–2019–0001] Defense Federal Acquisition Regulation Supplement: Technical Amendments PART 233—SOLICITATION PROVISIONS AND CONTRACT CLAUSES Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: 3. Section 233.171 is added to read as follows: ■ DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes. SUMMARY: DATES: Effective May 31, 2019. Ms. Jennifer L. Hawes, Defense Acquisition Regulations System, OUSD(A&S)DPC(DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301–3060. Telephone 571–372–6115; facsimile 571–372–6094. SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows: 1. Provides direction to contracting officers at DFARS 215.406–2 to see DFARS Procedures, Guidance, and Information (PGI) 215.406–2 for additional information and guidance on Certificates of Current Cost or Pricing Data. 2. Provides direction to contracting officers at DFARS 233.171 to follow the procedures at DFARS PGI 233.171 for FOR FURTHER INFORMATION CONTACT: khammond on DSKBBV9HB2PROD with RULES 233.171 Reporting requirement for protests of solicitations or awards. VerDate Sep<11>2014 15:55 May 30, 2019 Jkt 247001 Follow the procedures at PGI 233.171 for reporting information on protests involving the same contract award or proposed award that have been filed at both the Government Accountability Office and the United States Court of Federal Claims. [FR Doc. 2019–11418 Filed 5–30–19; 8:45 am] BILLING CODE 5001–06–P PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Defense Acquisition Regulations System 48 CFR Parts 247 and 252 RIN 0750–AK64 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause ‘‘Ordering Limitation’’ (DFARS Case 2019–D026) 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: May 31, 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 252.247–7012, Ordering Limitation, and the associated prescription at DFARS 247.271–3(g). This DFARS clause is included in solicitations and contract when an indefinite-delivery contract for the preparation of personal property for movement or storage, or for performance of intra-city or intra-area movement, is contemplated. The clause advises a contractor of the manner in which the Government will place orders for requisite supplies and services in consideration of the contractor’s guaranteed maximum daily capacity. Federal Acquisition Regulation (FAR) clause 52.216–19, Ordering Limitations, is also included in solicitations and contracts for indefinite-delivery contracts and identifies: The minimum and maximum order quantities or values; a limitation on ordering, within a specified number of days, a total amount or quantity that exceeds the maximum order quantities or values; and, the terms and conditions for placing, accepting, or refusing orders that exceed the maximum ordering limitations identified in the clause. Upon review of the DFARS and FAR clause and based on current transportation practices, DoD determined that the FAR clause adequately addresses the necessary terms and conditions on minimum and maximum ordering limitations for the preparation of personal property for E:\FR\FM\31MYR1.SGM 31MYR1 Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Rules and Regulations movement or storage, or performance of intra-city or intra-area movement. In the event that supplemental information on ordering in excess of a contractor’s guaranteed maximum capability is necessary in a solicitation or contract, the information can be included and more appropriately belongs in the ordering procedures of the contract. As the FAR clause adequately meets DoD needs, 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 252.247–7012, Ordering Limitation, and determined that the DFARS coverage was unnecessary and recommended removal. khammond on DSKBBV9HB2PROD with RULES 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 252.247–7012, Ordering Limitation. 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 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 VerDate Sep<11>2014 15:55 May 30, 2019 Jkt 247001 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 E.O.s 12866 and 13563 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. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. 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 247 and 252 Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. 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. PART 247—TRANSPORTATION 247.271–3 [Amended] 2. Amend section 247.271–3 by— a. Removing paragraph (g); and ■ b. Redesignating paragraphs (h) through (n) as (g) through (m). ■ ■ PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.247–7012 Frm 00023 Fmt 4700 Sfmt 4700 [Removed and Reserved] 3. Remove and reserve section 252.247–7012. ■ 252.247–7013 [Amended] 4. Amend section 252.247–7013 introductory text by removing ‘‘247.270–3(h)’’ and adding ‘‘247.271– 3(g)’’ in its place. ■ 252.247–7014 [Amended] 5. Amend section 252.247–7014 introductory text by removing ‘‘247.270–3(i)’’ and adding ‘‘247.271– 3(h)’’ in its place. ■ 252.247–7016 [Amended] 6. Amend section 252.247–7016 introductory text by removing ‘‘247.270–3(k)’’ and adding ‘‘247.271– 3(i)’’ in its place. ■ 252.247–7017 [Amended] 7. Amend section 252.247–7017 introductory text by removing ‘‘247.270–3(l)’’ and adding ‘‘247.271– 3(j)’’ in its place. ■ 252.247–7018 [Amended] 8. Amend section 252.247–7018 introductory text by removing ‘‘247.270–3(m)’’ and adding ‘‘247.271– 3(k)’’ in its place. ■ 252.247–7019 [Amended] 9. Amend section 252.247–7019 introductory text by removing ‘‘247.270–3(n)’’ and adding ‘‘247.271– 3(l)’’ in its place. ■ [FR Doc. 2019–11311 Filed 5–30–19; 8:45 am] BILLING CODE 5001–06–P Therefore, 48 CFR parts 247 and 252 are amended as follows: PO 00000 25195 E:\FR\FM\31MYR1.SGM 31MYR1

Agencies

[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Rules and Regulations]
[Pages 25194-25195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11311]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 247 and 252

[Docket DARS-2019-0023]
RIN 0750-AK64


Defense Federal Acquisition Regulation Supplement: Repeal of 
DFARS Clause ``Ordering Limitation'' (DFARS Case 2019-D026)

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: May 31, 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 252.247-7012, 
Ordering Limitation, and the associated prescription at DFARS 247.271-
3(g). This DFARS clause is included in solicitations and contract when 
an indefinite-delivery contract for the preparation of personal 
property for movement or storage, or for performance of intra-city or 
intra-area movement, is contemplated. The clause advises a contractor 
of the manner in which the Government will place orders for requisite 
supplies and services in consideration of the contractor's guaranteed 
maximum daily capacity.
    Federal Acquisition Regulation (FAR) clause 52.216-19, Ordering 
Limitations, is also included in solicitations and contracts for 
indefinite-delivery contracts and identifies: The minimum and maximum 
order quantities or values; a limitation on ordering, within a 
specified number of days, a total amount or quantity that exceeds the 
maximum order quantities or values; and, the terms and conditions for 
placing, accepting, or refusing orders that exceed the maximum ordering 
limitations identified in the clause. Upon review of the DFARS and FAR 
clause and based on current transportation practices, DoD determined 
that the FAR clause adequately addresses the necessary terms and 
conditions on minimum and maximum ordering limitations for the 
preparation of personal property for

[[Page 25195]]

movement or storage, or performance of intra-city or intra-area 
movement. In the event that supplemental information on ordering in 
excess of a contractor's guaranteed maximum capability is necessary in 
a solicitation or contract, the information can be included and more 
appropriately belongs in the ordering procedures of the contract. As 
the FAR clause adequately meets DoD needs, 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 
252.247-7012, Ordering Limitation, 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 252.247-7012, Ordering 
Limitation. 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 
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

    E.O.s 12866 and 13563 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. This is not a 
significant regulatory action and, therefore, was not subject to review 
under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated 
September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

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 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.

PART 247--TRANSPORTATION


247.271-3  [Amended]

0
2. Amend section 247.271-3 by--
0
a. Removing paragraph (g); and
0
b. Redesignating paragraphs (h) through (n) as (g) through (m).

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.247-7012  [Removed and Reserved]

0
3. Remove and reserve section 252.247-7012.


252.247-7013  [Amended]

0
4. Amend section 252.247-7013 introductory text by removing ``247.270-
3(h)'' and adding ``247.271-3(g)'' in its place.


252.247-7014  [Amended]

0
5. Amend section 252.247-7014 introductory text by removing ``247.270-
3(i)'' and adding ``247.271-3(h)'' in its place.


252.247-7016  [Amended]

0
6. Amend section 252.247-7016 introductory text by removing ``247.270-
3(k)'' and adding ``247.271-3(i)'' in its place.


252.247-7017  [Amended]

0
7. Amend section 252.247-7017 introductory text by removing ``247.270-
3(l)'' and adding ``247.271-3(j)'' in its place.


252.247-7018  [Amended]

0
8. Amend section 252.247-7018 introductory text by removing ``247.270-
3(m)'' and adding ``247.271-3(k)'' in its place.


252.247-7019  [Amended]

0
9. Amend section 252.247-7019 introductory text by removing ``247.270-
3(n)'' and adding ``247.271-3(l)'' in its place.

[FR Doc. 2019-11311 Filed 5-30-19; 8:45 am]
BILLING CODE 5001-06-P