Defense Federal Acquisition Regulation Supplement: Modification of DFARS Clause “Readjustment of Payments” (DFARS Case 2019-D017), 48501-48503 [2019-19561]
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Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Rules and Regulations
on the duty-free status of articles
specified in paragraph (a)(2)(ii)(A) of the
clause. Paragraph (a)(2)(ii)(A) used to be
the location in the clause for the
definition of ‘‘Caribbean Basin country
end product,’’ but this paragraph
number no longer exists. Instead, the
clause has been renumbered and all of
the definitions in the clause are include
in alphabetical order under paragraph
(a).
This rule removes the reference to
paragraph (a)(2)(ii)(A) in the clause and
replaces it with a reference to the
definition of ‘‘Caribbean Basin country
end product’’ in paragraph (a).
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 updating a reference in an
existing clause.
II. Discussion and Analysis
The modification of this DFARS text
implements 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 Regulatory Reform
Task Force reviewed the requirements
of DFARS clause 252.225–7021 and
recommended its modification to
correct the reference.
V. Executive Orders 12866 and 13563
khammond on DSKBBV9HB2PROD with RULES2
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule only updates a citation in an
existing clause. The rule does not
impose any new requirements on
contracts at or below the simplified
acquisition threshold or for commercial
items, including commercially available
off-the-shelf items.
IV. 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 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
VerDate Sep<11>2014
18:37 Sep 12, 2019
Jkt 247001
E.O.s 12866 and E.O. 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.
This rule is not subject to E.O. 13771,
because this rule is not a significant
regulatory action under E.O. 12866.
VII. 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 IV. 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.
VIII. 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).
Frm 00007
Fmt 4701
Sfmt 4700
List of Subjects in 48 CFR Part 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR part 252 is
amended as follows:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for 48 CFR
part 252 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
252.225–7021
[Amended]
2. Amend section 252.225–7021 by—
a. In the clause heading, removing the
date ‘‘(AUG 2019)’’ and adding ‘‘(SEP
2019)’’ in its place;
■ b. In paragraph (e) introductory text,
removing ‘‘paragraph (a)(2)(ii)(A)’’ and
adding ‘‘the definition of ‘‘Caribbean
Basin country end product’’ within
paragraph (a)’’ in its place.
■ c. In the Alternate II clause—
■ i. In the clause heading, removing the
date ‘‘(AUG 2019)’’ and adding ‘‘(SEP
2019)’’ in its place;
■ ii. In paragraph (f) introductory text,
removing ‘‘paragraph (a)(2)(ii)(A)’’ and
adding ‘‘the definition of ‘‘Caribbean
Basin country end product’’ within
paragraph (a)’’ in its place.
■
■
[FR Doc. 2019–19560 Filed 9–12–19; 8:45 am]
BILLING CODE 5001–06–P
VI. Executive Order 13771
PO 00000
48501
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
[Docket DARS–2019–0046]
RIN 0750–AK54
Defense Federal Acquisition
Regulation Supplement: Modification
of DFARS Clause ‘‘Readjustment of
Payments’’ (DFARS Case 2019–D017)
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 update an existing DFARS
clause to clearly identify the
Government official to be contacted
when applying the terms of the clause,
pursuant to action taken by the
Regulatory Reform Task Force.
SUMMARY:
E:\FR\FM\13SER2.SGM
13SER2
48502
Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Rules and Regulations
Effective September 13, 2019.
Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
I. Background
DoD is amending the DFARS to
update the Government point of contact
in DFARS clause 252.227–7002,
Readjustment of Payments. DFARS
clause 252.227–7002 is included in all
contracts that contain patent release and
settlement agreements, license
agreements, and/or assignments,
executed by the Government, under
which the Government acquires rights,
and provide for payment of a running
royalty. The clause addresses royalty
terms, conditions, and payments, and
requires the contractor to notify ‘‘the
Secretary’’ upon granting more favorable
royalty terms to the Government under
another agreement.
Contractors do not notify the
Secretary of Defense, Army, Navy, or
Air Force when complying with this
clause, and DFARS conventions no
longer use ‘‘the Secretary’’ as a way to
identify the Department responsible for
issuing the contract or oversight of
subsequent contract performance.
Instead, contractors notify the
contracting officer when such a
notification is necessary under the
clause. The contracting officer is the
appropriate point of contact, as they are
the individual responsible for ensuring
performance of all necessary actions for
effective contracting, ensuring
compliance with the terms of the
contract, and safeguarding the interests
of the United States in its contractual
relationships.
This rule updates the clause to
identify the contracting officer, not the
Secretary, as the individual to be
notified under the clause. As a result,
this rule intends to clarify and simplify
the notification required of contractors
by the clause and avoid any
miscommunication or
misunderstanding between the
Government and contractor when
complying with the clause.
khammond on DSKBBV9HB2PROD with RULES2
II. Discussion and Analysis
The modification of this DFARS text
implements 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
VerDate Sep<11>2014
18:37 Sep 12, 2019
Jkt 247001
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. One
public comment was received on this
clause.
Comment: The respondent advised
that the clause is never used and should
be deleted from the DFARS. The
respondent recommended that, instead
of the clause, a policy statement
permitting DoD to enter into settlement
agreements where patent and copyright
infringement is alleged by a third party
owner of a patent or copyright would
suffice.
Response: DFARS clause 252.227–
7002 serves as an agreement, through
incorporation in the contract, between
DoD and the contractor that, by
execution of the contract, DoD is
entitled to apply the more favorable
royalty terms of future license
agreements between the contractor and
DoD to the contract that includes the
clause. The clause also requires the
contractor to notify DoD if the
contractor grants more favorable terms
to the DoD, and identifies how royalty
payments will be handled in the event
of a patent claim or appeal. The clause
applies to the requirements and content
of the individual contract. As such, the
clause is necessary, when applicable, in
the contract to represent the agreement
to such terms by both parties, as they
relate to the specific contract. A general
statement of policy does not fulfill the
intent of this clause. Additionally, the
clause is available for use, when
applicable and necessary. This clause is
beneficial to DoD by facilitating a
standard and uniform incorporation of
more common terms and conditions
associated with patent and license
agreements and assignments into
applicable contracts, without having to
draft the language of these more
common terms and conditions with
each contract. This approach also
ensures the same language is
incorporated into each contract, which
helps DoD avoid miscommunications or
misunderstanding and maintain
consistency in negotiating such terms
and conditions DoD-wide.
The DoD Task Force reviewed the
requirements of DFARS clause 252.227–
7002 and determined that the DFARS
clause should only be modified to
update the point of contact for
notifications.
PO 00000
Frm 00008
Fmt 4701
Sfmt 4700
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This proposed rule does not create
any new provisions or clauses. The rule
clarifies the point of contact for an
existing clause. This rule does not
change the applicability of the affected
clause, which applies to those valued at
or below the SAT, if applicable, but not
to commercial or COTS items.
IV. 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 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 merely
updates the Government point of
contact.
V. 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.
VI. 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.
E:\FR\FM\13SER2.SGM
13SER2
Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Rules and Regulations
VII. 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 IV. 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.
VIII. 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 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR part 252 is
amended as follows:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for part 252
continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
252.227–7002
[Amended]
2. Amend section 252.227–7002 by—
a. Removing the clause date of ‘‘(OCT
1966)’’ and adding ‘‘(SEP 2019)’’ in its
place; and
■ b. In paragraph (a), removing ‘‘the
Secretary’’ and adding ‘‘the Contracting
Officer’’ in its place.
■
■
[FR Doc. 2019–19561 Filed 9–12–19; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
[Docket DARS–2019–0045]
khammond on DSKBBV9HB2PROD with RULES2
RIN 0750–AK55
Defense Federal Acquisition
Regulation Supplement: Modification
of DFARS Clause ‘‘Reporting and
Payment of Royalties’’ (DFARS Case
2019–D018)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
VerDate Sep<11>2014
18:37 Sep 12, 2019
Jkt 247001
ACTION:
Final rule.
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update an existing DFARS
clause to clarify instructions to
contracting officers when completing
the clause, pursuant to action taken by
the Regulatory Reform Task Force.
DATES: Effective September 13, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD is amending the DFARS to
update the fill-in instructions for
contracting officers contained in the
clause at DFARS 252.227–7009,
Reporting and Payment of Royalties.
DFARS clause 252.227–7009 is available
for use in all contracts that contain
patent release and settlement
agreements, license agreements, and/or
assignments, executed by the
Government, under which the
Government acquires rights, and
provide for payment of a running
royalty. The clause addresses the terms
and conditions for DoD reporting of
annual royalties accrued under the
contract and the contractor’s resultant
submission of a royalty payment
request.
When applicable, DFARS 227.7009–
4(d)(1) requires contracting officers to
specify the name of the designated
office within the applicable department
or agency that is responsible for
managing and reporting the extent of
use of the licensed subject matter for the
entire department or agency. The annual
report generated by the designated office
is provided to the contractor, in
accordance with the clause. Depending
on department or agency procedures,
this report may be provided directly to
the contractor by the designated office
or to the contracting officer for further
distribution.
Upon award of a contract that
incorporates the DFARS clause, the
contracting officer must fill in the clause
with the name of the office or individual
that will provide the annual report
directly to the contractor. The clause
includes parenthetical instructions to
contracting officers on the information
required in the clause. Currently, these
instructions reference the ‘‘procuring
office’’ as the entity to be named in the
clause, but this guidance is no longer
accurate.
This rule updates the parenthetical
guidance to direct contracting officers to
insert the name of the designated office
or contracting officer, in accordance
PO 00000
Frm 00009
Fmt 4701
Sfmt 4700
48503
with agency procedures. As a result, this
rule intends to clarify for contractors the
source of the report provided under the
clause and avoid any
miscommunication or
misunderstanding between the
Government and contractor when
complying with the clause.
II. Discussion and Analysis
The modification of this DFARS text
implements 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. One
public comment was received on this
clause.
Comment: The respondent advised
that the clause is never used and should
be deleted from the DFARS. Instead, the
respondent advised that a policy
statement that permits DoD to enter into
settlement agreements where patent and
copyright infringement is alleged by a
third party owner of a patent or
copyright would suffice, in lieu of the
clause.
Response: DFARS clause 252.227–
7009 serves as an agreement, through
incorporation in the contract, between
DoD and the contractor that, by
execution of the contract, DoD and the
contractor agree to the terms,
conditions, and timeframes imposed for
the reporting and payment of royalties,
as they apply to the requirements and
content of the specific contract. A
general statement of policy does not
fulfill the intent of this clause.
Additionally, the clause is available
for use when applicable and necessary.
As such, this clause is beneficial to DoD
by facilitating a standard and uniform
incorporation of more common terms
and conditions associated with patent
and license agreements and assignments
into applicable contracts, without
having to draft the language of these
more common terms and conditions
with each contract. This approach also
ensures the same language is
incorporated into each contract, which
helps DoD avoid miscommunications or
misunderstanding and maintain
E:\FR\FM\13SER2.SGM
13SER2
]]>Agencies
[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Rules and Regulations]
[Pages 48501-48503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19561]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
[Docket DARS-2019-0046]
RIN 0750-AK54
Defense Federal Acquisition Regulation Supplement: Modification
of DFARS Clause ``Readjustment of Payments'' (DFARS Case 2019-D017)
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 update an existing DFARS
clause to clearly identify the Government official to be contacted when
applying the terms of the clause, pursuant to action taken by the
Regulatory Reform Task Force.
[[Page 48502]]
DATES: Effective September 13, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to update the Government point of contact
in DFARS clause 252.227-7002, Readjustment of Payments. DFARS clause
252.227-7002 is included in all contracts that contain patent release
and settlement agreements, license agreements, and/or assignments,
executed by the Government, under which the Government acquires rights,
and provide for payment of a running royalty. The clause addresses
royalty terms, conditions, and payments, and requires the contractor to
notify ``the Secretary'' upon granting more favorable royalty terms to
the Government under another agreement.
Contractors do not notify the Secretary of Defense, Army, Navy, or
Air Force when complying with this clause, and DFARS conventions no
longer use ``the Secretary'' as a way to identify the Department
responsible for issuing the contract or oversight of subsequent
contract performance. Instead, contractors notify the contracting
officer when such a notification is necessary under the clause. The
contracting officer is the appropriate point of contact, as they are
the individual responsible for ensuring performance of all necessary
actions for effective contracting, ensuring compliance with the terms
of the contract, and safeguarding the interests of the United States in
its contractual relationships.
This rule updates the clause to identify the contracting officer,
not the Secretary, as the individual to be notified under the clause.
As a result, this rule intends to clarify and simplify the notification
required of contractors by the clause and avoid any miscommunication or
misunderstanding between the Government and contractor when complying
with the clause.
II. Discussion and Analysis
The modification of this DFARS text implements 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. One public comment
was received on this clause.
Comment: The respondent advised that the clause is never used and
should be deleted from the DFARS. The respondent recommended that,
instead of the clause, a policy statement permitting DoD to enter into
settlement agreements where patent and copyright infringement is
alleged by a third party owner of a patent or copyright would suffice.
Response: DFARS clause 252.227-7002 serves as an agreement, through
incorporation in the contract, between DoD and the contractor that, by
execution of the contract, DoD is entitled to apply the more favorable
royalty terms of future license agreements between the contractor and
DoD to the contract that includes the clause. The clause also requires
the contractor to notify DoD if the contractor grants more favorable
terms to the DoD, and identifies how royalty payments will be handled
in the event of a patent claim or appeal. The clause applies to the
requirements and content of the individual contract. As such, the
clause is necessary, when applicable, in the contract to represent the
agreement to such terms by both parties, as they relate to the specific
contract. A general statement of policy does not fulfill the intent of
this clause. Additionally, the clause is available for use, when
applicable and necessary. This clause is beneficial to DoD by
facilitating a standard and uniform incorporation of more common terms
and conditions associated with patent and license agreements and
assignments into applicable contracts, without having to draft the
language of these more common terms and conditions with each contract.
This approach also ensures the same language is incorporated into each
contract, which helps DoD avoid miscommunications or misunderstanding
and maintain consistency in negotiating such terms and conditions DoD-
wide.
The DoD Task Force reviewed the requirements of DFARS clause
252.227-7002 and determined that the DFARS clause should only be
modified to update the point of contact for notifications.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This proposed rule does not create any new provisions or clauses.
The rule clarifies the point of contact for an existing clause. This
rule does not change the applicability of the affected clause, which
applies to those valued at or below the SAT, if applicable, but not to
commercial or COTS items.
IV. 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 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 merely updates the
Government point of contact.
V. 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.
VI. 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.
[[Page 48503]]
VII. 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 IV. 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.
VIII. 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 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR part 252 is amended as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for part 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
252.227-7002 [Amended]
0
2. Amend section 252.227-7002 by--
0
a. Removing the clause date of ``(OCT 1966)'' and adding ``(SEP 2019)''
in its place; and
0
b. In paragraph (a), removing ``the Secretary'' and adding ``the
Contracting Officer'' in its place.
[FR Doc. 2019-19561 Filed 9-12-19; 8:45 am]
BILLING CODE 5001-06-P
