Defense Federal Acquisition Regulation Supplement: Technical Amendments, 53682-53683 [2020-18635]
Download as PDF
<![CDATA[
53682
Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
DFARS clause is used in lieu of FAR
clause 52.216–18, Ordering.
The FAR clause is included in the
same solicitations and contracts as the
DFARS clause and advises contractors
of most of the information included in
the DFARS clause, except for when an
order is considered issued by the
Government if sent to the contractor via
fax or electronic commerce. In an effort
to reflect current business practices and
maintain speed and efficiency in the
ordering process, a final rule (85 FR
40075) issued under FAR case 2018–022
amended FAR clause 52.216–18 to
automatically authorize the use of fax
and electronic commerce methods to
issue orders under the contract and
clarify when an order is considered
issued by the Government if sent to the
contractor via these methods. As the
FAR clause now includes the same
information as the DFARS clause,
DFARS clause 252.216–7006 is
duplicative and no longer necessary and
can be removed from the DFARS.
The removal of this DFARS clause
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 Task Force reviewed
the requirements of DFARS clause
252.216–7006, Ordering, and
determined that the DFARS coverage
was not necessary and recommended
removal, contingent upon similar
language being implemented in FAR
clause 52.216–18.
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 252.216–7006, Ordering.
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.
VerDate Sep<11>2014
16:03 Aug 28, 2020
Jkt 250001
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 (FAR) is the 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
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
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 216 and
252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 216 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 216 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 216—TYPES OF CONTRACTS
216.506
[Amended]
2. Amend section 216.506 by
removing paragraph (a).
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.216–7006
[Removed and Reserved]
3. Remove and reserve section
252.216–7006.
■
[FR Doc. 2020–18637 Filed 8–28–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 219 and 252
[Docket DARS–2020–0001]
Defense Federal Acquisition
Regulation Supplement: Technical
Amendments
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is making needed
technical amendments to update the
Defense Federal Acquisition Regulation
Supplement (DFARS).
DATES: Effective August 31, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer L. Hawes, Defense Acquisition
Regulations System, OUSD (A&S) DPC
(DARS), Room 3B938, 3060 Defense
Pentagon, Washington, DC 20301–3060.
Telephone 571–372–6115.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS as follows to:
1. Remove section 219.303 to align
with the Federal Acquisition Regulation
SUMMARY:
E:\FR\FM\31AUR1.SGM
31AUR1
Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Rules and Regulations
(FAR). Section 219.303 is now reserved
in the FAR and appropriate coverage is
located at FAR 19.102(b), Determining
the appropriate NAICS codes for the
solicitation. https://www.govinfo.gov/
content/pkg/FR-2020-02-27/pdf/202002028.pdf#page=23.
2. Update the 219.5 subpart heading
to align with the FAR subpart heading.
3. Revise the section 219.502–2
heading to align with the FAR coverage
and renumber the section paragraph.
Paragraph (a) in FAR 19.502–2
addresses acquisitions below the
simplified acquisition threshold (SAT).
The DFARS text addresses specific
types of acquisitions at dollar values
below, at, and above the SAT. The
section is being renumbered to reflect
implementation of the whole section
(i.e., FAR 19.502–2(a) and (b)), not just
a single paragraph.
4. Redesignate section 219.505 as
219.502–8 to align with the FAR.
5. Update the section 219.808 heading
to align with the FAR.
6. Correct cross references in the
introductory text for the following
clauses: 252.245–7000, 252.245–7001,
252.245–7002, and 252.245–7003.
List of Subjects in 48 CFR Parts 219 and
252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
(2) Dredging under $1.5 million; and
(3) Architect-engineer services for
military construction or family housing
projects under $1 million (10 U.S.C.
2855).
219.505
[Redesignated as 219.502–8]
5. Redesignate section 219.505 as
section 219.502–8.
■
219.808
[Amended]
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
[Amended]
7. Amend section 252.245–7000
introductory text by removing
‘‘245.107(1)’’ and adding ‘‘245.107(2)’’
in its place.
■
252.245–7001
[Amended]
8. Amend section 252.245–7001
introductory text by removing
‘‘245.107(2)’’ and adding ‘‘245.107(3)’’
in its place.
■
252.245–7002
[Amended]
9. Amend section 252.245–7002
introductory text by removing
‘‘245.107(3)’’ and adding ‘‘245.107(4)’’
in its place.
■
252.245–7003
Therefore, 48 CFR parts 219 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 219 and 252 continues to read as
follows:
[Amended]
10. Amend section 252.245–7003
introductory text by removing
‘‘245.107(4)’’ and adding ‘‘245.107(5)’’
in its place.
■
[FR Doc. 2020–18635 Filed 8–28–20; 8:45 am]
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
BILLING CODE 5001–06–P
PART 219—SMALL BUSINESS
PROGRAMS
DEPARTMENT OF DEFENSE
219.303
Defense Acquisition Regulations
System
[Removed]
2. Remove section 219.303.
3. Revise the heading for subpart
219.5 to read as follows:
■
48 CFR Part 251
■
[Docket DARS–2020–0029]
khammond on DSKJM1Z7X2PROD with RULES
Subpart 219.5—Small Business Total
Set-Asides, Partial Set-Asides, and
Reserves
RIN 0750–AK90
Defense Federal Acquisition
Regulation Supplement: Use of
■ 4. Revise section 219.502–2 to read as
Defense Logistics Agency Energy as a
follows:
Source of Fuel (DFARS Case 2020–
219.502–2 Total small business set-asides. D003)
Unless the contracting officer
AGENCY: Defense Acquisition
determines that the criteria for set-aside Regulations System, Department of
cannot be met, set aside for small
Defense (DoD).
business concerns acquisitions for—
ACTION: Final rule.
(1) Construction, including
maintenance and repairs, under $2.5
SUMMARY: DoD is issuing a final rule
million;
amending the Defense Federal
VerDate Sep<11>2014
16:03 Aug 28, 2020
Jkt 250001
PO 00000
Frm 00039
Fmt 4700
Acquisition Regulation Supplement
(DFARS) to permit the use Defense
Logistics Agency Energy as a source of
fuel for contractors performing under
certain contracts.
DATES: Effective August 31, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
I. Background
6. Amend the heading for section
219.808 by removing ‘‘negotiations’’ and
adding ‘‘negotiation’’ in its place.
■
252.245–7000
53683
Sfmt 4700
DoD is issuing a final rule amending
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
permit contracting officers to authorize
contractors to use Defense Logistics
Agency (DLA) Energy as a source for
Defense Working Capital Fund fuel in
the performance of other than costreimbursement contracts. Supplemental
guidance and information, on the
internal procedures a contracting officer
must follow to provide this
authorization, are being implemented in
DFARS Procedures, Guidance, and
Information.
DoD contractors provide supplies and
services that require the use of ground,
aviation, or marine fuels in performance
of their contracts. In some instances,
these supplies and services are required
in locations where there are no
commercial fuel sources available, the
quality of fuel is degraded, or the
commercial fuel supply is inadequate.
As a result, the availability of reliable
and quality fuel becomes critical for
contract performance.
DLA Energy has a worldwide bulkfuel supply chain that can provide
military specification fuels, as well as
most commercial specification ground
fuels (e.g., gasoline, diesel, and heating
fuel), on military bases. As an
acquisition policy, Federal Acquisition
Regulation (FAR) 51.1 permits
contracting officers to authorize
contractors to use Government supply
sources in the performance of costreimbursement contracts.
The use of fixed-price contracts has
increased as a result of statutory and
policy acquisition requirements that
attempt to reduce risk to the
Government. For example, 41 U.S.C.
3307(e)(4)(A)(i) requires commercial
supplies and services to be acquired via
fixed-price or time-and-materials
contracts. As a result, many of the
requirements that need to use DLA
Energy ground, aviation, or marine fuels
are now being awarded as fixed-price
contracts and, therefore, are not eligible
to authorize the use Government supply
sources in performance of the contract,
in accordance with FAR 51.1.
DoD mission-critical supplies and
services are provided by contractors
E:\FR\FM\31AUR1.SGM
31AUR1
]]>Agencies
[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Rules and Regulations]
[Pages 53682-53683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18635]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 219 and 252
[Docket DARS-2020-0001]
Defense Federal Acquisition Regulation Supplement: Technical
Amendments
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is making needed technical amendments to update the
Defense Federal Acquisition Regulation Supplement (DFARS).
DATES: Effective August 31, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer L. Hawes, Defense
Acquisition Regulations System, OUSD (A&S) DPC (DARS), Room 3B938, 3060
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6115.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows
to:
1. Remove section 219.303 to align with the Federal Acquisition
Regulation
[[Page 53683]]
(FAR). Section 219.303 is now reserved in the FAR and appropriate
coverage is located at FAR 19.102(b), Determining the appropriate NAICS
codes for the solicitation. https://www.govinfo.gov/content/pkg/FR-2020-02-27/pdf/2020-02028.pdf#page=23.
2. Update the 219.5 subpart heading to align with the FAR subpart
heading.
3. Revise the section 219.502-2 heading to align with the FAR
coverage and renumber the section paragraph. Paragraph (a) in FAR
19.502-2 addresses acquisitions below the simplified acquisition
threshold (SAT). The DFARS text addresses specific types of
acquisitions at dollar values below, at, and above the SAT. The section
is being renumbered to reflect implementation of the whole section
(i.e., FAR 19.502-2(a) and (b)), not just a single paragraph.
4. Redesignate section 219.505 as 219.502-8 to align with the FAR.
5. Update the section 219.808 heading to align with the FAR.
6. Correct cross references in the introductory text for the
following clauses: 252.245-7000, 252.245-7001, 252.245-7002, and
252.245-7003.
List of Subjects in 48 CFR Parts 219 and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 219 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 219 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 219--SMALL BUSINESS PROGRAMS
219.303 [Removed]
0
2. Remove section 219.303.
0
3. Revise the heading for subpart 219.5 to read as follows:
Subpart 219.5--Small Business Total Set-Asides, Partial Set-Asides,
and Reserves
0
4. Revise section 219.502-2 to read as follows:
219.502-2 Total small business set-asides.
Unless the contracting officer determines that the criteria for
set-aside cannot be met, set aside for small business concerns
acquisitions for--
(1) Construction, including maintenance and repairs, under $2.5
million;
(2) Dredging under $1.5 million; and
(3) Architect-engineer services for military construction or family
housing projects under $1 million (10 U.S.C. 2855).
219.505 [Redesignated as 219.502-8]
0
5. Redesignate section 219.505 as section 219.502-8.
219.808 [Amended]
0
6. Amend the heading for section 219.808 by removing ``negotiations''
and adding ``negotiation'' in its place.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.245-7000 [Amended]
0
7. Amend section 252.245-7000 introductory text by removing
``245.107(1)'' and adding ``245.107(2)'' in its place.
252.245-7001 [Amended]
0
8. Amend section 252.245-7001 introductory text by removing
``245.107(2)'' and adding ``245.107(3)'' in its place.
252.245-7002 [Amended]
0
9. Amend section 252.245-7002 introductory text by removing
``245.107(3)'' and adding ``245.107(4)'' in its place.
252.245-7003 [Amended]
0
10. Amend section 252.245-7003 introductory text by removing
``245.107(4)'' and adding ``245.107(5)'' in its place.
[FR Doc. 2020-18635 Filed 8-28-20; 8:45 am]
BILLING CODE 5001-06-P
