Repeal of Obsolete Acquisition Regulation: Small Business and Small Disadvantaged Business Concerns, 33707-33708 [2019-14972]
Download as PDF
Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Rules and Regulations
The removal of this 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. The DoD Task Force
reviewed the requirements of 48 CFR
part 5108 and determined that the
coverage was obsolete and
recommended removal.
It has been determined that
publication of this CFR part removal for
public comment is impracticable,
unnecessary, and contrary to public
interest since it is based on removing
obsolete information. Additionally, the
statute that applies to the publication of
the Federal Acquisition Regulation
(FAR) is 41 U.S.C. 1707 entitled
‘‘Publication of Proposed Regulations.’’
Paragraph (a)(1) of the statute 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 the Army is not
issuing a new regulation; rather, this
rule merely removes obsolete parts from
chapter 51 of title 48 of the CFR.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review’’;
therefore, the requirements of E.O.
13771, ‘‘Reducing Regulation and
Controlling Regulatory Costs’’ do not
apply.
List of Subjects in 48 CFR Part 5108
Government procurement.
khammond on DSKBBV9HB2PROD with RULES
PART 5108—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 48 CFR part 5108 is
removed.
■
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2019–14966 Filed 7–12–19; 8:45 am]
BILLING CODE 5001–03–P
VerDate Sep<11>2014
15:41 Jul 12, 2019
Jkt 247001
DEPARTMENT OF DEFENSE
Department of the Army
48 CFR Part 5119
[Docket No. USA–2019–DARS–0011]
RIN 0702–AB05
Repeal of Obsolete Acquisition
Regulation: Small Business and Small
Disadvantaged Business Concerns
Department of the Army, DOD.
Final rule.
AGENCY:
ACTION:
This final rule removes an
obsolete Army acquisition regulation
which was codified to implement a
section of public law that is no longer
in effect. This rule has been made
obsolete by time and the existence of
higher-level regulation.
DATES: This rule is effective on July 15,
2019.
FOR FURTHER INFORMATION CONTACT: Mr.
John Courtis, 703–697–0888, Email:
john.t.courtis.civ@mail.mil.
SUPPLEMENTARY INFORMATION: This final
rule will remove 48 CFR part 5119,
‘‘Small Business and Small
Disadvantaged Business Concerns,’’
which was codified on April 18, 1989
(54 FR 15410), and never updated. The
purpose of the rule was to implement
Public Law 100–656, section 722,
‘‘Expanding small business
participation in dredging,’’ which
directed the Secretary of the Army to
conduct a program to expand the
participation of small business concerns
in contracting opportunities for
dredging. The authority was effective
through 30 September 1992.
Current Federal Acquisition
Regulation (FAR), Defense Federal
Acquisition Regulation Supplement
(DFARS) provides for maximum
practicable opportunity to small
businesses at both the prime contract
and subcontract levels. For example,
FAR 19.502–1, which provides
requirements for setting aside
acquisitions for small businesses, was
codified on December 18, 1998 (63 FR
70270) and most recently updated on
July 2, 2015 (80 FR 38298). The clause
at FAR 52.219–6, ‘‘Notice of Total Small
Business Set-Aside,’’ (codified
September 19, 1983 (48 FR 42478) and
most recently updated November 2,
2011 (76 FR 68036)) and other FAR
clauses for set-asides under specific
small business categories (e.g., womenowned small businesses), along with the
clause at FAR 52.219–9, ‘‘Small
Business Subcontracting Plan,’’
SUMMARY:
PO 00000
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Fmt 4700
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33707
(codified September 19, 1983 (48 FR
42478) and most recently updated
August 22, 2018 (83 FR 42571) are used
to ensure maximum small business
participation at the prime and
subcontractor levels. The expiration of
the statutory authority and the existence
of higher-level regulations concerning
small business participation made the
rule at part 5119 obsolete.
The removal of this 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. The DoD Task Force
reviewed the requirements of 48 CFR
part 5119 and determined that the
coverage was obsolete and
recommended removal.
It has been determined that
publication of this CFR part removal for
public comment is impracticable,
unnecessary, and contrary to public
interest since it is based on removing
obsolete information. Additionally, the
statute that applies to the publication of
the Federal Acquisition Regulation
(FAR) is 41 U.S.C. 1707 entitled
‘‘Publication of Proposed Regulations.’’
Paragraph (a)(1) of the statute 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 the Army is not
issuing a new regulation; rather, this
rule merely removes obsolete parts from
chapter 51 of title 48 of the CFR.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review’’;
therefore, the requirements of E.O.
13771, ‘‘Reducing Regulation and
Controlling Regulatory Costs’’ do not
apply.
List of Subjects in 48 CFR Part 5119
Government procurement.
E:\FR\FM\15JYR1.SGM
15JYR1
33708
Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Rules and Regulations
PART 5119—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 48 CFR part 5119 is
removed.
■
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2019–14972 Filed 7–12–19; 8:45 am]
BILLING CODE 5001–03–P
DEPARTMENT OF DEFENSE
Department of the Army
48 CFR Part 5145
[Docket No. USA–2019–DARS–0012]
RIN 0702–AB06
Repeal of Obsolete Acquisition
Regulation: Government Property
Department of the Army, DOD.
Final rule.
AGENCY:
ACTION:
This final rule removes an
obsolete Army acquisition regulation for
government-furnished property. This
rule has been made obsolete by updated
higher-level regulation.
DATES: This rule is effective on July 15,
2019.
FOR FURTHER INFORMATION CONTACT: Mr.
John Courtis, 703–697–0888, Email:
john.t.courtis.civ@mail.mil.
SUPPLEMENTARY INFORMATION: This final
rule will remove 48 CFR part 5145,
‘‘Government Property,’’ which was
codified on September 27, 1989 (54 FR
39538), and never updated. The purpose
of the rule was to describe the
conditions under which the government
may provide property (facilities or
material) to contractors for use under
contracts. The rule was intended to be
in place for a two-year test period. On
May 15, 2007 Federal Acquisition
Regulation (FAR) part 45 was amended
to simplify procedures related to the
management and disposition of
government property in the possession
of contractors (72 FR 27364). This
update was made with the intention of
reducing existing clauses and
procedures related to government
property. The update included the
clause at FAR 52.245–1, ‘‘Government
Property,’’ (codified May 15, 2007 (72
FR 27390) and most recently updated
January 13, 2017 (82 FR 4715)) which
contains requirements for the use,
management, and disposal of
government property. Several other FAR
and Defense FAR Supplement (DFARS)
clauses provide comprehensive
coverage of various aspects of
government property management.
khammond on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:41 Jul 12, 2019
Jkt 247001
These regulations have made the rule at
part 5145 obsolete.
The removal of this 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. The DoD Task Force
reviewed the requirements of 48 CFR
part 5145 and determined that the
coverage was obsolete and
recommended removal.
It has been determined that
publication of this CFR part removal for
public comment is impracticable,
unnecessary, and contrary to public
interest since it is based on removing
obsolete information. Additionally, the
statute that applies to the publication of
the Federal Acquisition Regulation
(FAR) is 41 U.S.C. 1707 entitled
‘‘Publication of Proposed Regulations.’’
Paragraph (a)(1) of the statute 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 the Army is not
issuing a new regulation; rather, this
rule merely removes obsolete parts from
chapter 51 of title 48 of the CFR.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review’’;
therefore, the requirements of E.O.
13771, ‘‘Reducing Regulation and
Controlling Regulatory Costs’’ do not
apply.
List of Subjects in 48 CFR Part 5145
Government procurement.
PART 5145—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 48 CFR part 5145 is
removed.
■
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2019–14970 Filed 7–12–19; 8:45 am]
BILLING CODE 5001–03–P
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Frm 00018
Fmt 4700
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DEPARTMENT OF DEFENSE
Department of the Army
48 CFR Part 5152
[Docket No. USA–2019–DARS–0013]
RIN 0702–AB07
Repeal of Obsolete Acquisition
Regulation: Solicitation Provisions and
Contract Clauses
Department of the Army, DOD.
Final rule.
AGENCY:
ACTION:
This final rule removes an
obsolete Army acquisition regulation for
contract clauses governing industrial
preparedness production planning and
government-furnished property.
DATES: This rule is effective on July 15,
2019.
FOR FURTHER INFORMATION CONTACT: Mr.
John Courtis, 703–697–0888, Email:
john.t.courtis.civ@mail.mil.
SUPPLEMENTARY INFORMATION: This final
rule will remove 48 CFR part 5152,
‘‘Solicitation Provisions and Contract
Clauses.’’ Three contract clauses are
removed by this rule. The clause at
5152.208–9001, Industrial preparedness
planning, was codified on September
20, 1989 (54 FR 38683) and never
updated. The purpose of the clause was
to clarify contractor responsibilities
with respect to industrial preparedness
planning, and was intended to be in
place for a three-year test period. The
clause is no longer needed because of a
clause prescribed in a higher-level
regulation. Specifically, the clause at
DFARS 252.217–7001 (Surge Option)
(codified July 31, 1991 (56 FR 36479))
and most recently updated December 4,
2018 (83 FR 62503)), prescribed for use
when a surge option is needed in
support of industrial capability
production planning, informs
contractors that the Government has the
option to increase the quantity, or
accelerate the delivery, of supplies or
services under the contract and provides
the terms for the exercise of the option
and subsequent delivery of the surge
quantities.
The clauses at 5152.245–9000,
Government property for installation
support services (fixed-price contracts);
and the clause at 5152.245–9001,
Government property for installation
support services (cost-reimbursement
contracts), were codified on September
27, 1989 (54 FR 39539) and never
updated. The purpose of the clauses was
to clarify contractor responsibilities
regarding government property
provided to the contractor pursuant to,
respectively, fixed-price contracts and
SUMMARY:
E:\FR\FM\15JYR1.SGM
15JYR1
Agencies
[Federal Register Volume 84, Number 135 (Monday, July 15, 2019)]
[Rules and Regulations]
[Pages 33707-33708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14972]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army
48 CFR Part 5119
[Docket No. USA-2019-DARS-0011]
RIN 0702-AB05
Repeal of Obsolete Acquisition Regulation: Small Business and
Small Disadvantaged Business Concerns
AGENCY: Department of the Army, DOD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule removes an obsolete Army acquisition
regulation which was codified to implement a section of public law that
is no longer in effect. This rule has been made obsolete by time and
the existence of higher-level regulation.
DATES: This rule is effective on July 15, 2019.
FOR FURTHER INFORMATION CONTACT: Mr. John Courtis, 703-697-0888, Email:
[email protected].
SUPPLEMENTARY INFORMATION: This final rule will remove 48 CFR part
5119, ``Small Business and Small Disadvantaged Business Concerns,''
which was codified on April 18, 1989 (54 FR 15410), and never updated.
The purpose of the rule was to implement Public Law 100-656, section
722, ``Expanding small business participation in dredging,'' which
directed the Secretary of the Army to conduct a program to expand the
participation of small business concerns in contracting opportunities
for dredging. The authority was effective through 30 September 1992.
Current Federal Acquisition Regulation (FAR), Defense Federal
Acquisition Regulation Supplement (DFARS) provides for maximum
practicable opportunity to small businesses at both the prime contract
and subcontract levels. For example, FAR 19.502-1, which provides
requirements for setting aside acquisitions for small businesses, was
codified on December 18, 1998 (63 FR 70270) and most recently updated
on July 2, 2015 (80 FR 38298). The clause at FAR 52.219-6, ``Notice of
Total Small Business Set-Aside,'' (codified September 19, 1983 (48 FR
42478) and most recently updated November 2, 2011 (76 FR 68036)) and
other FAR clauses for set-asides under specific small business
categories (e.g., women-owned small businesses), along with the clause
at FAR 52.219-9, ``Small Business Subcontracting Plan,'' (codified
September 19, 1983 (48 FR 42478) and most recently updated August 22,
2018 (83 FR 42571) are used to ensure maximum small business
participation at the prime and subcontractor levels. The expiration of
the statutory authority and the existence of higher-level regulations
concerning small business participation made the rule at part 5119
obsolete.
The removal of this 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. The DoD Task Force reviewed the requirements
of 48 CFR part 5119 and determined that the coverage was obsolete and
recommended removal.
It has been determined that publication of this CFR part removal
for public comment is impracticable, unnecessary, and contrary to
public interest since it is based on removing obsolete information.
Additionally, the statute that applies to the publication of the
Federal Acquisition Regulation (FAR) is 41 U.S.C. 1707 entitled
``Publication of Proposed Regulations.'' Paragraph (a)(1) of the
statute 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 the Army is not issuing a new
regulation; rather, this rule merely removes obsolete parts from
chapter 51 of title 48 of the CFR.
This rule is not significant under Executive Order (E.O.) 12866,
``Regulatory Planning and Review''; therefore, the requirements of E.O.
13771, ``Reducing Regulation and Controlling Regulatory Costs'' do not
apply.
List of Subjects in 48 CFR Part 5119
Government procurement.
[[Page 33708]]
PART 5119--[REMOVED]
0
Accordingly, by the authority of 5 U.S.C. 301, 48 CFR part 5119 is
removed.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2019-14972 Filed 7-12-19; 8:45 am]
BILLING CODE 5001-03-P