Defense Federal Acquisition Regulation Supplement: Repeal of Temporary Statutory Authorities (DFARS Case 2019-D040), 65310-65311 [2019-25659]
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Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Rules and Regulations
252.215–7015
Review.
Program Should-Cost
I. Background
As prescribed in 215.408(8), use the
following clause:
Program Should-Cost Review (Nov
2019)
(a) The Government has the right to
perform a program should-cost review, as
described in Federal Acquisition Regulation
(FAR) 15.407–4(b). The review may be
conducted in support of a particular contract
proposal or during contract performance to
find opportunities to reduce program costs.
The Government will communicate the
elements of the proposed should-cost review
to the prime contractor (Pub. L. 115–91).
(b) If the Government performs a program
should-cost review, upon the Government’s
request, the Contractor shall provide access
to accurate and complete cost data and
Contractor facilities and personnel necessary
to permit the Government to perform the
program should-cost review.
(c) The Government has the right to use
third-party experts to supplement the
program should-cost review team. The
Contractor shall provide access to the
Contractor’s facilities and information
necessary to support the program should-cost
review to any third-party experts who have
signed non-disclosure agreements in
accordance with the FAR 52.203–16.
(End of clause)
[FR Doc. 2019–25655 Filed 11–26–19; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 225 and 237
[Docket DARS–2019–0066]
RIN 0750–AK86
Defense Federal Acquisition
Regulation Supplement: Repeal of
Temporary Statutory Authorities
(DFARS Case 2019–D040)
II. Discussion and Analysis
This rule removes the obsolete
language at DFARS 225.7003–4 and
237.102–70(c) that implemented
sections 842(b) and 1010, respectively.
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 implement a section of the
National Defense Authorization Act for
Fiscal Year 2019.
DATES: Effective November 27, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Kimberly R. Ziegler, telephone 571–
372–6095.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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17:24 Nov 26, 2019
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DoD is amending the DFARS to
partially implement section 812 of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2019 (Pub.
L. 115–232). Section 812 repealed more
than 60 obsolete Defense acquisition
laws, most of which have been
completed, have expired, or do not
impact the contracting regulations. DoD
published a final rule to repeal one
statute identified in section 812 at 84 FR
12137 on April 1, 2019. This rule
repeals two additional statutes, section
842(b) of the NDAA for FY 2007 (Pub.
L. 109–364) and section 1010 of the
USA Patriot Act of 2001 (Pub. L. 107–
56).
To implement section 842(b) of the
NDAA for FY 2007, DoD published a
final rule at 74 FR 37626 on July 29,
2009 (DFARS Case 2008–D003). The
rule established a one-time waiver
authority for contracts under which
specialty metals were incorporated into
items produced, manufactured, or
assembled in the United States prior to
October 17, 2006, and where final
acceptance by the Government took
place after that date, but before
September 30, 2010.
To implement section 1010 of the
USA Patriot Act of 2001, DoD published
a final rule at 67 FR 55730 on August
30, 2002 (DFARS Case 2001–D018). The
rule provided an exception to the
prohibition on contracting for security
functions at a military installation or
facility. The exception authorized DoD
to award contracts to proximately
located local and State governments
during the period of time that United
States armed forces were engaged in
Operation Enduring Freedom and 180
days thereafter. Operation Enduring
Freedom officially ended on December
29, 2014; therefore, this authority
expired on June 26, 2015.
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 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
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Fmt 4700
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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 rule merely
removes two expired authorities from
the DFARS.
IV. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule removes expired authorities
for contracted security functions at a
military installation or facility at DFARS
237.102–70(c) and a one-time waiver of
the specialty metals clause under
certain circumstances at DFARS
225.7003–4. This rule does not create or
revise any solicitation provisions or
contract clauses.
V. Executive Orders 12866 and 13563
Executive Orders (E.O.) 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.
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.
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 III. of this
preamble), the analytical requirement 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.
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Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Rules and Regulations
VIII. Paperwork Reduction Act
DEPARTMENT OF DEFENSE
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).
Defense Acquisition Regulations
System
List of Subjects in 48 CFR Parts 225 and
237
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 225 and 237
are amended as follows:
1. The authority citation for 48 CFR
parts 225 and 237 continues to read as
follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 225—FOREIGN ACQUISITION
225.7003–4
[Removed and Reserved]
2. Remove and reserve section
225.7003–4.
■
PART 237—SERVICE CONTRACTING
3. Amend section 237.102–70 by—
■ a. Removing paragraph (c);
■ b. Redesignating paragraph (d) as
paragraph (c);
■ c. Revising newly redesignated
paragraph (c)(1) introductory text; and
■ d. In newly redesignated paragraph
(c)(2), removing ‘‘PGI 237.102–70(d)’’
and ‘‘(d)(1)(iv) of this subsection’’ and
adding ‘‘PGI 237.102–70(c)’’ and
‘‘(c)(1)(iv) of this section’’ it their place,
respectively.
The revision reads as follows:
■
237.102–70 Prohibition on contracting for
firefighting or security-guard functions.
*
*
*
*
*
(c)(1) Under section 332 of Public Law
107–314, as amended by section 333 of
Public Law 109–364 and section 343 of
Public Law 110–181, this prohibition
does not apply to any contract that is
entered into for any increased
performance of security-guard functions
at a military installation or facility
undertaken in response to the terrorist
attacks on the United States on
September 11, 2001, if—
*
*
*
*
*
[FR Doc. 2019–25659 Filed 11–26–19; 8:45 am]
BILLING CODE 5001–06–P
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48 CFR Parts 228 and 252
[Docket DARS–2019–0030]
RIN 0750–AK12
Defense Federal Acquisition
Regulation Supplement: Modification
of DFARS Clause ‘‘Accident Reporting
and Investigation Involving Aircraft,
Missiles, and Space Launch Vehicles’’
(DFARS Case 2018–D047)
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 clause prescription to require,
instead of permit, the clause be
included in applicable solicitations and
contracts, pursuant to action taken by
the Regulatory Reform Task Force.
DATES: Effective November 27, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD published a proposed rule in the
Federal Register at 84 FR 30986 on June
28, 2019, to modify the clause
prescription at DFARS 228.370 to
require that DFARS clause 252.228–
7005, Accident Reporting and
Investigation Involving Aircraft,
Missiles, and Space Launch Vehicles, be
included in all solicitations and
contracts, when applicable. The rule
also updates the text of the clause to
follow current DFARS convention
regarding the use of the word ‘‘shall’’ to
indicate a mandatory requirement or
action. One respondent provided a
public comment on the proposed rule.
II. Discussion and Analysis
A discussion of the comment received
and the change made to the rule as a
result of the comment is provided as
follows:
Comment: The respondent suggested
replacing the word ‘‘accident’’ with
‘‘mishap’’ throughout the clause to align
with the terminology used in DoD
Instruction 6055.07, ‘‘Mishap
Notification, Investigation, Reporting,
and Recordkeeping.’’
Response: As the use of the term
‘‘mishap’’ has become more prevalent
throughout DoD in lieu of ‘‘accident’’
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Fmt 4700
Sfmt 4700
65311
since the creation of the clause, and the
clause is closely associated with the
guidance in DoDI 6055.07, the clause
title and text is updated to include the
word ‘‘mishap’’ instead of ‘‘accident’’ in
the final rule.
III. 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, nor does it change
the applicability of the affected clause to
contracts at or below the simplified
acquisition threshold or to the
acquisition of commercial items,
including those for commercially
available off-the-shelf items.
IV. Executive Orders 12866 and 13563
Executive Orders (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.
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
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:
The Department of Defense is
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to amend the clause
prescription at DFARS 228.370 to
require that DFARS clause 252.228–
7005, Accident Reporting and
Investigation Involving Aircraft,
Missiles, and Space Launch Vehicles, be
included in all solicitations and
contracts involving the manufacture,
modification, overhaul, or repair of
these items; update the text of the clause
to follow current DFARS convention
regarding the use of the word ‘‘shall’’ to
E:\FR\FM\27NOR1.SGM
27NOR1
]]>Agencies
[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Rules and Regulations]
[Pages 65310-65311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25659]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 237
[Docket DARS-2019-0066]
RIN 0750-AK86
Defense Federal Acquisition Regulation Supplement: Repeal of
Temporary Statutory Authorities (DFARS Case 2019-D040)
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 implement a section of the
National Defense Authorization Act for Fiscal Year 2019.
DATES: Effective November 27, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly R. Ziegler, telephone
571-372-6095.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to partially implement section 812 of the
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019
(Pub. L. 115-232). Section 812 repealed more than 60 obsolete Defense
acquisition laws, most of which have been completed, have expired, or
do not impact the contracting regulations. DoD published a final rule
to repeal one statute identified in section 812 at 84 FR 12137 on April
1, 2019. This rule repeals two additional statutes, section 842(b) of
the NDAA for FY 2007 (Pub. L. 109-364) and section 1010 of the USA
Patriot Act of 2001 (Pub. L. 107-56).
To implement section 842(b) of the NDAA for FY 2007, DoD published
a final rule at 74 FR 37626 on July 29, 2009 (DFARS Case 2008-D003).
The rule established a one-time waiver authority for contracts under
which specialty metals were incorporated into items produced,
manufactured, or assembled in the United States prior to October 17,
2006, and where final acceptance by the Government took place after
that date, but before September 30, 2010.
To implement section 1010 of the USA Patriot Act of 2001, DoD
published a final rule at 67 FR 55730 on August 30, 2002 (DFARS Case
2001-D018). The rule provided an exception to the prohibition on
contracting for security functions at a military installation or
facility. The exception authorized DoD to award contracts to
proximately located local and State governments during the period of
time that United States armed forces were engaged in Operation Enduring
Freedom and 180 days thereafter. Operation Enduring Freedom officially
ended on December 29, 2014; therefore, this authority expired on June
26, 2015.
II. Discussion and Analysis
This rule removes the obsolete language at DFARS 225.7003-4 and
237.102-70(c) that implemented sections 842(b) and 1010, respectively.
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 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 the rule
merely removes two expired authorities from the DFARS.
IV. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule removes expired authorities for contracted security
functions at a military installation or facility at DFARS 237.102-70(c)
and a one-time waiver of the specialty metals clause under certain
circumstances at DFARS 225.7003-4. This rule does not create or revise
any solicitation provisions or contract clauses.
V. Executive Orders 12866 and 13563
Executive Orders (E.O.) 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.
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.
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 III. of this preamble), the analytical
requirement 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.
[[Page 65311]]
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 Parts 225 and 237
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 225 and 237 are amended as follows:
0
1. The authority citation for 48 CFR parts 225 and 237 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 225--FOREIGN ACQUISITION
225.7003-4 [Removed and Reserved]
0
2. Remove and reserve section 225.7003-4.
PART 237--SERVICE CONTRACTING
0
3. Amend section 237.102-70 by--
0
a. Removing paragraph (c);
0
b. Redesignating paragraph (d) as paragraph (c);
0
c. Revising newly redesignated paragraph (c)(1) introductory text; and
0
d. In newly redesignated paragraph (c)(2), removing ``PGI 237.102-
70(d)'' and ``(d)(1)(iv) of this subsection'' and adding ``PGI 237.102-
70(c)'' and ``(c)(1)(iv) of this section'' it their place,
respectively.
The revision reads as follows:
237.102-70 Prohibition on contracting for firefighting or security-
guard functions.
* * * * *
(c)(1) Under section 332 of Public Law 107-314, as amended by
section 333 of Public Law 109-364 and section 343 of Public Law 110-
181, this prohibition does not apply to any contract that is entered
into for any increased performance of security-guard functions at a
military installation or facility undertaken in response to the
terrorist attacks on the United States on September 11, 2001, if--
* * * * *
[FR Doc. 2019-25659 Filed 11-26-19; 8:45 am]
BILLING CODE 5001-06-P
