Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Provision “Alternate Preservation, Packaging, and Packing” (DFARS Case 2019-D022), 60917-60918 [2020-21247]
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Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations
IV. 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.
V. Regulatory Flexibility Act
DoD does not expect this rule to have
a significant economic impact on a
substantial number of small businesses
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule is not creating any new
requirements for contractors or changing
any existing policies or practices.
However, a final regulatory flexibility
analysis has been prepared and is
summarized as follows:
The Department of Defense is
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to repeal DFARS subpart
211.273, Substitutions for Military or
Federal Specifications of Standards, and
DFARS clause 252.211–7005,
Substitutions for Military or Federal
Specifications of Standards, as the
guidance and clause are no longer
necessary. The objective of this rule is
to remove outdated guidance from the
DFARS and reduce regulatory burden
on the public. This repeal is pursuant to
action taken by the DoD Regulatory
Reform Task Force established under
Executive Order 13777, Enforcing the
Regulatory Reform Agenda.
No public comments were received in
response to the initial regulatory
flexibility analysis.
DoD does not collect data on the
number of small businesses that
proposed an Single Process Initiative
(SPI) process in lieu of military of
Federal specifications or standards cited
in the solicitation. Instead, DoD subject
matter experts estimate that
approximately 10 contractors participate
in SPI and that each participant will
respond to one solicitation per year.
Based on the information available, DoD
does not anticipate that this rule will
significantly impact small business
entities.
This rule does not include any new
reporting, recordkeeping, or other
compliance requirements for small
businesses.
There are no known alternative to the
rule that will meet the stated objectives
or minimize the impact on of the rule
on small entities.
jbell on DSKJLSW7X2PROD with RULES
VI. Paperwork Reduction Act
This rule removes the burden
associated with DFARS 252.211–7005
from the information collection
requirement currently approved under
0704–0398, entitled DFARS Part 211,
Describing Agency Needs, and Related
VerDate Sep<11>2014
15:52 Sep 28, 2020
Jkt 250001
60917
Clause at DFARS 252.211. This
reduction is reflected in the revision to
and extension of the information
collection, as published in the Federal
Register on February 27, 2020, at 85 FR
11351, and May 28, 2020, at 85 FR
32019.
no longer necessary pursuant to action
taken by the DoD Regulatory Reform
Task Force.
DATES: Effective October 1, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
List of Subjects in 48 CFR Parts 211 and
252
Government procurement.
I. Background
DoD published a proposed rule in the
Federal Register at 85 FR 19721 on
April 8, 2020, to remove the provision
at DFARS 252.211–7004, Alternate
Preservation, Packaging, and Packing,
and the associated prescription from the
DFARS, because the provision is no
longer necessary. No public comments
were received in response to the
proposed rule. No changes were made to
the rule, as proposed.
Jennifer D. Johnson,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 211 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 211 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 211—DESCRIBING AGENCY
NEEDS
211.273
[Removed and Reserved]
2. Remove and reserve section
211.273.
■
211.273–1 through 211.273–4
[Removed]
3. Remove sections 211.273–1 through
211.273–4.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.211–7005
[Removed and Reserved]
4. Remove and reserve section
252.211–7005.
■
[FR Doc. 2020–21248 Filed 9–28–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 211 and 252
[Docket DARS–2019–0056]
RIN 0750–AK59
Defense Federal Acquisition
Regulation Supplement: Repeal of
DFARS Provision ‘‘Alternate
Preservation, Packaging, and Packing’’
(DFARS Case 2019–D022)
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 the obsolete
solicitation provision at DFARS
252.211–7004, Alternate Preservation,
Packaging, and Packing. This rule does
not impose any new requirements on
contracts at or below the simplified
acquisition threshold, or commercial
items, including commercially available
off-the-shelf items.
III. 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.
AGENCY:
IV. 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.
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to remove a provision that is
V. Regulatory Flexibility Act
DoD does not expect this rule to have
a significant economic impact on a
substantial number of small businesses
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule is not creating any new
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
SUMMARY:
PO 00000
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Fmt 4700
Sfmt 4700
E:\FR\FM\29SER1.SGM
29SER1
60918
Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
requirements for contractors or changing
any existing policies or practices.
However, a final regulatory flexibility
analysis has been prepared and is
summarized as follows:
The Department of Defense is
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to repeal DFARS provision
252.211–7004, Alternate Preservation,
Packaging, and Packing, as the provision
is no longer necessary. The objective of
this rule is to reduce regulatory burden
on the public. This repeal is pursuant to
action taken by the Regulatory Reform
Task Force established under Executive
Order (E.O.) 13777, Enforcing the
Regulatory Reform Agenda.
No public comments were received in
response to the initial regulatory
flexibility analysis.
DoD does not collect data on the
number of small businesses that
respond to a solicitation that includes
DFARS clause 252.211–7004 or the
number of small businesses responding
to such a solicitation with alternative
preservation, packaging, or packing
methods. Instead, DoD subject matter
experts advise that approximately 375
solicitations are issued each year that
contain military preservation,
packaging, or packing requirements
where commercial or industrial
methods may also be acceptable. DoD
estimates that it receives 1.5 responses
to each solicitation, for a total of 563
offers received in response to these
solicitation. This total estimated number
of responses does not delineate between
the business size of the offerors or those
offerors that did and did not propose
alternative methods for preservation,
packaging, or packing in lieu of military
specifications. Based on the information
available, DoD does not anticipate that
this rule will significantly impact small
business entities.
This rule does not include any new
reporting, recordkeeping, or other
compliance requirements for small
businesses.
There are no known alternative to the
rule that will meet the stated objectives
or minimize the impact on of the rule
on small entities.
VI. Paperwork Reduction Act
This rule removes the burden
associated with DFARS 252.211–7004
from the information collection
requirement currently approved under
0704–0398, entitled DFARS Part 211,
Describing Agency Needs, and Related
Clause at DFARS 252.211. This
reduction is reflected in the revision to
and extension of the information
collection, as published in the Federal
Register on February 27, 2020, at 85 FR
VerDate Sep<11>2014
15:52 Sep 28, 2020
Jkt 250001
11351, and May 28, 2020, at 85 FR
32019.
List of Subjects in 48 CFR Parts 211 and
252
Government procurement.
Jennifer D. Johnson,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore 48 CFR parts 211 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 211 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 211—DESCRIBING AGENCY
NEEDS
211.272
[Removed and Reserved]
2. Remove and reserve section
211.272.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.211–7004
[Removed and Reserved]
3. Remove and reserve section
252.211–7004.
■
[FR Doc. 2020–21247 Filed 9–28–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 244, and 252
[Docket DARS–2019–0052]
RIN 0750–AK66
Defense Federal Acquisition
Regulation Supplement: Treatment of
Certain Items as Commercial Items
(DFARS Case 2019–D029)
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 several sections
of the National Defense Authorization
Act for Fiscal Year 2017 that address
treatment of commingled items
purchased by contractors and services
provided by nontraditional defense
contractors as commercial items.
DATES: Effective October 1, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, telephone 571–372–
6106.
SUMMARY:
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 84 FR 65322 on
November 27, 2019, to implement
sections 877 and 878 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2017 (Pub. L. 114–328)
and further implement section 848 of
the NDAA for FY 2018 (Pub. L. 115–91).
Section 877, Treatment of Commingled
Items Purchased by Contractors as
Commercial Items, adds 10 U.S.C.
2380b. Section 878, Treatment of
Services Provided by Nontraditional
Contractors as Commercial Items,
amends 10 U.S.C. 2380a. Section 848
modifies 10 U.S.C. 2380(b) to provide
that a contract for an item using FAR
part 12 procedures shall serve as a prior
commercial item determination, unless
the appropriate official determines in
writing that the use of such procedures
was improper or that it is no longer
appropriate to acquire the item using
commercial item acquisition
procedures. Two respondents submitted
public comments in response to the
proposed rule.
II. Discussion and Analysis
DoD reviewed the public comments in
the development of the final rule. A
discussion of the comments and the
changes made to the rule as a result of
those comments is provided, as follows:
A. Summary of Significant Changes
From the Proposed Rule
Further implementation of section
848 of the NDAA for FY 2018 (Pub. L.
115–91) has been removed from the
final rule under this case. DoD plans to
publish a new proposed rule under a
separate case (DFARS Case 2020–D033).
B. Analysis of Public Comments
1. Treatment of commingled items as
commercial items (section 877 of the
NDAA for FY 2017).
a. Strike ‘‘when purchased’’ from
proposed DFARS 244.402(S–70) and the
proposed clause at DFARS 252.244–
7000(c).
Comment: One respondent suggested
removal of the words ‘‘when
purchased,’’ which were added as a
clarification to the statutory text in the
proposed rule, suggesting that the
addition ‘‘serves only to erode the
purpose of the law, and will increase
administrative burden of identifying
comingled items.’’
Response: The statutory change
adding a new section 10 U.S.C. 2380b is
titled, ‘‘Treatment of commingled items
purchased contractors as commercial
items.’’ The statute is intended to
E:\FR\FM\29SER1.SGM
29SER1
]]>Agencies
[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Rules and Regulations]
[Pages 60917-60918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21247]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 211 and 252
[Docket DARS-2019-0056]
RIN 0750-AK59
Defense Federal Acquisition Regulation Supplement: Repeal of
DFARS Provision ``Alternate Preservation, Packaging, and Packing''
(DFARS Case 2019-D022)
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 remove a provision that is
no longer necessary pursuant to action taken by the DoD Regulatory
Reform Task Force.
DATES: Effective October 1, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 85 FR
19721 on April 8, 2020, to remove the provision at DFARS 252.211-7004,
Alternate Preservation, Packaging, and Packing, and the associated
prescription from the DFARS, because the provision is no longer
necessary. No public comments were received in response to the proposed
rule. No changes were made to the rule, as proposed.
II. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule only removes the obsolete solicitation provision at DFARS
252.211-7004, Alternate Preservation, Packaging, and Packing. This rule
does not impose any new requirements on contracts at or below the
simplified acquisition threshold, or commercial items, including
commercially available off-the-shelf items.
III. 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.
IV. 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.
V. Regulatory Flexibility Act
DoD does not expect this rule to have a significant economic impact
on a substantial number of small businesses within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule is
not creating any new
[[Page 60918]]
requirements for contractors or changing any existing policies or
practices. However, a final regulatory flexibility analysis has been
prepared and is summarized as follows:
The Department of Defense is amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to repeal DFARS provision
252.211-7004, Alternate Preservation, Packaging, and Packing, as the
provision is no longer necessary. The objective of this rule is to
reduce regulatory burden on the public. This repeal is pursuant to
action taken by the Regulatory Reform Task Force established under
Executive Order (E.O.) 13777, Enforcing the Regulatory Reform Agenda.
No public comments were received in response to the initial
regulatory flexibility analysis.
DoD does not collect data on the number of small businesses that
respond to a solicitation that includes DFARS clause 252.211-7004 or
the number of small businesses responding to such a solicitation with
alternative preservation, packaging, or packing methods. Instead, DoD
subject matter experts advise that approximately 375 solicitations are
issued each year that contain military preservation, packaging, or
packing requirements where commercial or industrial methods may also be
acceptable. DoD estimates that it receives 1.5 responses to each
solicitation, for a total of 563 offers received in response to these
solicitation. This total estimated number of responses does not
delineate between the business size of the offerors or those offerors
that did and did not propose alternative methods for preservation,
packaging, or packing in lieu of military specifications. Based on the
information available, DoD does not anticipate that this rule will
significantly impact small business entities.
This rule does not include any new reporting, recordkeeping, or
other compliance requirements for small businesses.
There are no known alternative to the rule that will meet the
stated objectives or minimize the impact on of the rule on small
entities.
VI. Paperwork Reduction Act
This rule removes the burden associated with DFARS 252.211-7004
from the information collection requirement currently approved under
0704-0398, entitled DFARS Part 211, Describing Agency Needs, and
Related Clause at DFARS 252.211. This reduction is reflected in the
revision to and extension of the information collection, as published
in the Federal Register on February 27, 2020, at 85 FR 11351, and May
28, 2020, at 85 FR 32019.
List of Subjects in 48 CFR Parts 211 and 252
Government procurement.
Jennifer D. Johnson,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore 48 CFR parts 211 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 211 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 211--DESCRIBING AGENCY NEEDS
211.272 [Removed and Reserved]
0
2. Remove and reserve section 211.272.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.211-7004 [Removed and Reserved]
0
3. Remove and reserve section 252.211-7004.
[FR Doc. 2020-21247 Filed 9-28-20; 8:45 am]
BILLING CODE 5001-06-P
