Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Provision and Clause on Reserve Officer Training Corps and Military Recruiting on Campus (DFARS Case 2020-D002), 74610-74611 [2020-25428]

Download as PDF 74610 Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Rules and Regulations We will publish an appropriate amendment to 39 CFR part 111 to reflect these changes. Ruth Stevenson, Attorney, Federal Compliance. [FR Doc. 2020–25833 Filed 11–19–20; 8:45 am] BILLING CODE 7710–12–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 204, 209, and 252 [Docket DARS–2020–0030] RIN 0750–AK89 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Provision and Clause on Reserve Officer Training Corps and Military Recruiting on Campus (DFARS Case 2020–D002) 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 remove a provision and a clause that are no longer necessary. DATES: Effective November 23, 2020. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571–372–6093. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DFARS provision 252.209–7003, Reserve Officer Training Corps and Military Recruiting on CampusRepresentation, and DFARS clause 252.209–7005, Reserve Officer Training Corps and Military Recruiting on Campus, are included in all solicitations and contracts with institutions of higher education. The provision and clause implement 10 U.S.C. 983, which prohibits funds from being provided via a contract to institutions of higher education that prohibit or prevent: (1) The maintenance, establishment, or operation of a Senior Reserve Officer Training Corps (ROTC) unit at the institution, or (2) a student at that institution from enrolling in a unit of the Senior ROTC at another institution of higher education; and/or (3) the Secretary of a military department or Secretary of Homeland Security from gaining access to campuses, or students on campuses, for military recruiting purposes, or (4) access by military recruiters, for the purposes of military VerDate Sep<11>2014 17:19 Nov 20, 2020 Jkt 253001 recruiting, to certain information pertaining to students enrolled at the institution. The provision advises offerors that, by submitting an offer, they represent that the institution does not have any prohibitive policies or practices subject to the statute. The clause requires contractors, during performance of the contract, to not have any policies or practices subject to the prohibition at 10 U.S.C. 983, and identifies the actions available to the Government as a result of a contractor’s misrepresentation or noncompliance with the clause. 10 U.S.C. 983(d)(1) states that the prohibition applies to any funds made available for: DoD; the Department of Homeland Security; the National Nuclear Security Administration of the Department of Energy; the Department of Transportation; the Central Intelligence Agency; and any department or agency for which regular appropriations are made in a Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act. As the legislation applies to several Federal agencies, a FAR clause has been implemented to create a single standard for all agencies that are subject to the statute. A final rule (85 FR 67619) issued under FAR case 2018–021 amended the FAR to implement the requirements of 10 U.S.C. 983 for all affected Federal agencies. As such, DFARS provision 252.209–7003 and clause 252.209–7005 are duplicative and no longer necessary, and can be removed from the DFARS. The removal of this DFARS text supports 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. Public comment was received on the provision. The respondents advised that the provision only applies to institutions of higher education, yet it appears in the System for Award Management (SAM) as a provision all contractors must complete in order to register as a vendor in SAM. As a result PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 of this final rule, DFARS provision 252.209–7003 will be removed from SAM. The DoD Task Force reviewed the requirements of DFARS provision 252.209–7003 and DFARS clause 252.209–7005, and determined that the DFARS coverage would not be necessary, and recommended removal, contingent upon a similar clause being implemented in the FAR that is available for use by all Federal agencies, when applicable. 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 provision 252.209–7003, Reserve Officer Training Corps and Military Recruiting on CampusRepresentation, and DFARS clause 252.209–7005, Reserve Officer Training Corps and Military Recruiting on Campus. The rule does not impose any new requirements on contracts at or below the simplified acquisition threshold and for commercial items, including commercially available offthe-shelf items. III. Publication of This Final Rule for Public Comment Is Not Required by Statute The statute that applies to the publication of the 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 provision and clause from the DFARS. IV. Executive Orders 12866 and 13563 Executive Orders (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 E:\FR\FM\23NOR1.SGM 23NOR1 Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Rules and Regulations 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 209.470–1 through 209.470–4 [Removed] 4. Remove sections 209.470–1 through 209.470–4. ■ PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.204–7007 [Amended] 5. Amend section 252.204–7007 by— a. Removing the clause date of ‘‘(DEC 2019)’’ and adding ‘‘(NOV 2020)’’ in its place; ■ b. Removing paragraph (d)(1)(ii); and ■ c. Redesignating paragraphs (d)(1)(iii) through (ix) as paragraphs (d)(1)(ii) through (viii). ■ ■ 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. 252.209–7003 VII. 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 204, 209, and 252 6. Remove and reserve section 252.209–7003. ■ 252.209–7005 7. Remove and reserve section 252.209–7005. ■ [FR Doc. 2020–25428 Filed 11–20–20; 8:45 am] BILLING CODE 5001–06–P 48 CFR Parts 212, 229, and 252 [Docket DARS–2020–0018] Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clauses Related to Taxes Applied to Foreign Contracts in Afghanistan (DFARS Case 2020–D025) Jennifer D. Johnson, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR parts 204, 209, and 252 are amended as follows: ■ 1. The authority citation for 48 CFR parts 204, 209, and 252 continues to read as follows: AGENCY: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. SUMMARY: 204.1202 [Amended] 2. Amend section 204.1202 by— a. Removing paragraph (2)(iii); and b. Redesignating paragraphs (2)(iv) through (xvi) as paragraphs (2)(iii) through (xv). ■ ■ ■ [Removed and Reserved] 3. Remove and reserve section 209.470. ■ VerDate Sep<11>2014 17:19 Nov 20, 2020 Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove clauses related to taxes applied to foreign contracts in Afghanistan that are no longer necessary. Effective November 23, 2020. Ms. Carrie Moore, telephone 571–372–6093. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION CONTACT: I. Background PART 209—CONTRACTOR QUALIFICATIONS 209.470 [Removed and Reserved] RIN 0750–AL11 Government procurement. PART 204—ADMINISTRATIVE AND INFORMATION MATTERS [Removed and Reserved] Jkt 253001 DFARS clause 252.229–7014, Taxes– Foreign Contracts in Afghanistan, is included in solicitations and contracts with performance in Afghanistan, unless DFARS clause 252.229–7015 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 74611 applies. DFARS clause 252.229–7015, Taxes–Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement), is included in solicitations and contracts that are performed in Afghanistan and awarded on behalf of the North Atlantic Treaty Organization (NATO). DFARS clause 252.229–7014 implements terms of the Security and Defense Cooperation Agreement between the United States and the Islamic Republic of Afghanistan (September 2014). The Agreement applies to all persons or legal entities supplying goods and services in Afghanistan to or on behalf of U.S. Forces under a contract with or in support of U.S. Forces. The clause advises contractors that the contract is subject to the Agreement and exempt from taxes or similar charges assessed in Afghanistan; requires contractors to exclude any Afghan taxes, customs, duties, fees, or similar charges from the contract price; and explains the applicability of taxes to Afghan citizens employed by DoD or DoD contractors performing under the contract. DFARS clause 252.229–7015 implements terms of the Status of Forces Agreement (SOFA) between NATO and the Islamic Republic of Afghanistan (September 2014). The SOFA applies to all persons or legal entities supplying goods and services in Afghanistan to or on behalf of NATO forces under a contract with or in support of NATO, NATO member states, or operational partners. The clause advises contractors that the contract is subject to the SOFA and exempt from taxes or similar charges assessed in Afghanistan; requires contractors to exclude any Afghan taxes, customs, duties, fees, or similar charges from the contract price; and explains the applicability of taxes to Afghan citizens employed by NATO performing under the contract. Since several Federal agencies award contracts that are subject to the terms of the Agreement or SOFA, a final rule issued under FAR case 2018–023 (85 FR 67623) implemented two new clauses in the FAR that notify applicable contractors of the same information included in DFARS clauses 252.229– 7014 and 252.229–7015. As the text of the DFARS clauses have been implemented in the FAR, the DFARS clauses are no longer necessary and can be removed from the DFARS. The removal of the DFARS clauses supports 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 E:\FR\FM\23NOR1.SGM 23NOR1

Agencies

[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Rules and Regulations]
[Pages 74610-74611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25428]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 204, 209, and 252

[Docket DARS-2020-0030]
RIN 0750-AK89


Defense Federal Acquisition Regulation Supplement: Repeal of 
DFARS Provision and Clause on Reserve Officer Training Corps and 
Military Recruiting on Campus (DFARS Case 2020-D002)

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 and a 
clause that are no longer necessary.

DATES: Effective November 23, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.

SUPPLEMENTARY INFORMATION: 

I. Background

    DFARS provision 252.209-7003, Reserve Officer Training Corps and 
Military Recruiting on Campus-Representation, and DFARS clause 252.209-
7005, Reserve Officer Training Corps and Military Recruiting on Campus, 
are included in all solicitations and contracts with institutions of 
higher education. The provision and clause implement 10 U.S.C. 983, 
which prohibits funds from being provided via a contract to 
institutions of higher education that prohibit or prevent: (1) The 
maintenance, establishment, or operation of a Senior Reserve Officer 
Training Corps (ROTC) unit at the institution, or (2) a student at that 
institution from enrolling in a unit of the Senior ROTC at another 
institution of higher education; and/or (3) the Secretary of a military 
department or Secretary of Homeland Security from gaining access to 
campuses, or students on campuses, for military recruiting purposes, or 
(4) access by military recruiters, for the purposes of military 
recruiting, to certain information pertaining to students enrolled at 
the institution.
    The provision advises offerors that, by submitting an offer, they 
represent that the institution does not have any prohibitive policies 
or practices subject to the statute. The clause requires contractors, 
during performance of the contract, to not have any policies or 
practices subject to the prohibition at 10 U.S.C. 983, and identifies 
the actions available to the Government as a result of a contractor's 
misrepresentation or noncompliance with the clause.
    10 U.S.C. 983(d)(1) states that the prohibition applies to any 
funds made available for: DoD; the Department of Homeland Security; the 
National Nuclear Security Administration of the Department of Energy; 
the Department of Transportation; the Central Intelligence Agency; and 
any department or agency for which regular appropriations are made in a 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies Appropriations Act. As the legislation applies to 
several Federal agencies, a FAR clause has been implemented to create a 
single standard for all agencies that are subject to the statute. A 
final rule (85 FR 67619) issued under FAR case 2018-021 amended the FAR 
to implement the requirements of 10 U.S.C. 983 for all affected Federal 
agencies. As such, DFARS provision 252.209-7003 and clause 252.209-7005 
are duplicative and no longer necessary, and can be removed from the 
DFARS.
    The removal of this DFARS text supports 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. Public comment was received on the provision. 
The respondents advised that the provision only applies to institutions 
of higher education, yet it appears in the System for Award Management 
(SAM) as a provision all contractors must complete in order to register 
as a vendor in SAM. As a result of this final rule, DFARS provision 
252.209-7003 will be removed from SAM.
    The DoD Task Force reviewed the requirements of DFARS provision 
252.209-7003 and DFARS clause 252.209-7005, and determined that the 
DFARS coverage would not be necessary, and recommended removal, 
contingent upon a similar clause being implemented in the FAR that is 
available for use by all Federal agencies, when applicable.

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 obsolete DFARS provision 252.209-7003, 
Reserve Officer Training Corps and Military Recruiting on Campus-
Representation, and DFARS clause 252.209-7005, Reserve Officer Training 
Corps and Military Recruiting on Campus. 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.

III. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the 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 provision and clause from the DFARS.

IV. Executive Orders 12866 and 13563

    Executive Orders (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

[[Page 74611]]

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 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 204, 209, and 252

    Government procurement.

Jennifer D. Johnson,
Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 204, 209, and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 204, 209, and 252 continues 
to read as follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

PART 204--ADMINISTRATIVE AND INFORMATION MATTERS


204.1202   [Amended]

0
2. Amend section 204.1202 by--
0
a. Removing paragraph (2)(iii); and
0
b. Redesignating paragraphs (2)(iv) through (xvi) as paragraphs 
(2)(iii) through (xv).

PART 209--CONTRACTOR QUALIFICATIONS


209.470   [Removed and Reserved]

0
3. Remove and reserve section 209.470.


209.470-1 through 209.470-4  [Removed]

0
4. Remove sections 209.470-1 through 209.470-4.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.204-7007   [Amended]

0
5. Amend section 252.204-7007 by--
0
a. Removing the clause date of ``(DEC 2019)'' and adding ``(NOV 2020)'' 
in its place;
0
b. Removing paragraph (d)(1)(ii); and
0
c. Redesignating paragraphs (d)(1)(iii) through (ix) as paragraphs 
(d)(1)(ii) through (viii).


252.209-7003   [Removed and Reserved]

0
6. Remove and reserve section 252.209-7003.


252.209-7005   [Removed and Reserved]

0
7. Remove and reserve section 252.209-7005.

[FR Doc. 2020-25428 Filed 11-20-20; 8:45 am]
BILLING CODE 5001-06-P