Defense Federal Acquisition Regulation Supplement: Repeal of Temporary Statutory Authorities (DFARS Case 2019-D040), 65310-65311 [2019-25659]

Download as PDF 65310 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: VerDate Sep<11>2014 17:24 Nov 26, 2019 Jkt 250001 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 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 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. E:\FR\FM\27NOR1.SGM 27NOR1 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 VerDate Sep<11>2014 17:24 Nov 26, 2019 Jkt 250001 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’’ PO 00000 Frm 00053 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