Defense Federal Acquisition Regulation Supplement: Removal of Passive Radio Frequency Requirements (DFARS Case 2022-D020), 65513-65514 [2022-23284]

Download as PDF Federal Register / Vol. 87, No. 208 / Friday, October 28, 2022 / Rules and Regulations Comptroller General of the United States. A major rule under the Congressional Review Act cannot take effect until 60 days after it is published in the Federal Register. The Office of Information and Regulatory Affairs has determined that this rule is not a major rule as defined by 5 U.S.C. 804. VI. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501–1, and 41 U.S.C. 1707 does not require publication for public comment. VII. Paperwork Reduction Act This 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 216 and 235 Government procurement. Jennifer D. Johnson, Editor/Publisher, Defense Acquisition Regulations System. Therefore, 48 CFR parts 216 and 235 are amended as follows: ■ 1. The authority citation for 48 CFR parts 216 and 235 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. the National Emergencies Act (50 U.S.C. 1621) that includes the use of the Armed Forces. ■ 4. Amend section 216.401 by revising paragraph (d) to read as follows: 216.401 General. * * * * * (d) The determination and findings justifying that the use of an incentiveor award-fee contract is in the best interest of the Government, may be signed by the head of contracting activity or a designee— (i) No lower than one level below the head of the contracting activity for award-fee contracts; or (ii) One level above the contracting officer for incentive-fee contracts. * * * * * PART 235—RESEARCH AND DEVELOPMENT CONTRACTING 235.006 [Amended] 5. Amend section 235.006 by— a. Removing paragraph (b)(i); b. Redesignating paragraphs (b)(ii) and (iii) as paragraphs (b)(i) and (ii), respectively; ■ c. In the newly redesignated paragraph (b)(ii)(A)(3), removing ‘‘(b)(iii)(A)(1) and (2)’’ and adding ‘‘(b)(ii)(A)(1) and (2)’’ in its place; and ■ d. In the newly redesignated paragraph (b)(ii)(A)(3)(ii), removing ‘‘(b)(iii)(A)(3)(i)’’ and adding ‘‘(b)(ii)(A)(3)(i)’’ in its place. ■ ■ ■ [FR Doc. 2022–23283 Filed 10–27–22; 8:45 am] BILLING CODE 5001–06–P PART 216—TYPES OF CONTRACTS DEPARTMENT OF DEFENSE 2. Revise section 216.102 to read as follows: ■ 216.102 48 CFR Parts 211, 212, and 252 Policies. [Docket DARS–2022–0024] In accordance with section 811 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239), use of any cost-reimbursement line item for the acquisition of production of major defense acquisition programs is prohibited, unless the exception at 234.004(2)(ii) applies. ■ 3. Revise section 216.301–3 to read as follows: lotter on DSK11XQN23PROD with RULES4 216.301–3 Limitations. For contracts in connection with a military construction project or a military family housing project, contracting officers shall not use costplus-fixed-fee, cost-plus-award-fee, or cost-plus-incentive-fee contract types (10 U.S.C. 2306(c)). This applies notwithstanding a declaration of war or the declaration by the President of a national emergency under section 201 of VerDate Sep<11>2014 21:00 Oct 27, 2022 Jkt 256001 RIN 0750–AL73 Defense Federal Acquisition Regulation Supplement: Removal of Passive Radio Frequency Requirements (DFARS Case 2022– D020) 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 passive radio frequency identification requirements. DATES: Effective October 28, 2022. FOR FURTHER INFORMATION CONTACT: Ms. Kimberly R. Ziegler, telephone 703– 901–3176. SUMMARY: PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 65513 SUPPLEMENTARY INFORMATION: I. Background DoD is amending the DFARS to remove requirements for the use of passive radio frequency identification (RFID) tags for shipments that meet the criteria at DFARS 211.275–2. DoD no longer requires the use of passive RFID tags for shipments due to the use of more cost-effective technologies. Accordingly, this rule removes and reserves the contract clause at DFARS 252.211–7006, Passive Radio Frequency Identification, which requires contractors to submit advance shipment notices to associate the passive RFID tag with the corresponding shipment, and removes and reserves section 211.275, Passive radio frequency identification. DFARS sections 211.275–1, Definitions; 211.275–2, Policy; and 211.275–3, Contract clause, are also removed. DFARS clause 252.211–7006 is removed from the list of solicitation provisions and contract clauses for the acquisition of commercial items at DFARS 212.301. DoD issued the final rule for DFARS Case 2004–D011 (70 FR 53955) on September 13, 2005, to require that contractors affix passive RFID tags at the case and palletized unit load levels when shipping packaged operational rations, clothing, individual equipment, tools, personal demand items, or weapon system repair parts to two specific Defense Distribution Depots. The rule also required contractors to send an advance shipment notice to provide the association between the unique identification encoded on the passive tag(s) and the product information at the applicable case and palletized unit load level(s). DoD later updated the passive RFID requirements and the associated contract clause at DFARS 252.211–7006 (76 FR 58142) on September 20, 2011, to expand the use of the tags to numerous sites and provide a new website that enabled contractors to find the RFID identifier for each specific DoD ship-to address that used RFID technology. II. 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 41 U.S.C. 1707, Publication of Proposed Regulations. Subsection (a)(1) of the statute 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 E:\FR\FM\28OCR4.SGM 28OCR4 lotter on DSK11XQN23PROD with RULES4 65514 Federal Register / Vol. 87, No. 208 / Friday, October 28, 2022 / Rules and Regulations 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 removing an unneeded contract clause from the DFARS that will reduce the administrative burden on contractors or offerors. determined that this rule is not a major rule as defined by 5 U.S.C. 804. VII. Regulatory Flexibility Act PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501–1, and 41 U.S.C. 1707 does not require publication for public comment. 252.211–7006 VIII. Paperwork Reduction Act DEPARTMENT OF DEFENSE III. Applicability to Contracts at or Below the Simplified Acquisition Threshold, for Commercial Products Including Commercially Available Offthe-Shelf (COTS) Items, and for Commercial Services This rule does not impose any new requirements on contracts at or below the simplified acquisition threshold, for commercial products including commercially available off-the-shelf items, or for commercial services. The rule removes and reserves DFARS clause 252.211–7006, Passive Radio Frequency Identification, and removes the clause from the list of solicitation provisions and contract clauses for the acquisition of commercial items at DFARS 212.301. This rule removes the information collection requirements associated with the clause at DFARS 252.211.7006, Passive Radio Frequency Identification, currently approved under OMB Control Number 0704–0434, entitled ‘‘Radio Frequency Identification Advance Shipment Notices’’. Accordingly, DoD submitted, and OMB approved, the following reduction of the annual reporting burden and OMB inventory of hours under OMB Control Number 0704–0434 as follows: Respondents: 5,217. Responses per respondent: 3,782. Total annual responses: 19,732,850. Hours per response: Approximately 1.16 seconds. Total response burden hours: 6,358. Defense Acquisition Regulations System 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 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. List of Subjects in 48 CFR Parts 211, 212, and 252 V. Congressional Review Act As required by the Congressional Review Act (5 U.S.C. 801–808) before an interim or final rule takes effect, DoD will submit a copy of the interim or final rule with the form, Submission of Federal Rules Under the Congressional Review Act, to the U.S. Senate, the U.S. House of Representatives, and to the Comptroller General of the United States. A major rule under the Congressional Review Act cannot take effect until 60 days after it is published in the Federal Register. The Office of Information and Regulatory Affairs has VerDate Sep<11>2014 21:00 Oct 27, 2022 Jkt 256001 Government procurement. Jennifer D. Johnson, Editor/Publisher, Defense Acquisition Regulations System. Therefore, 48 CFR parts 211, 212, and 252 are amended as follows: ■ 1. The authority citation for 48 CFR parts 211, 212, and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 211—DESCRIBING AGENCY NEEDS 211.275 [Removed and Reserved] 2. Remove and reserve section 211.275. ■ 211.275–1 through 211.275–3 [Removed] 3. Remove sections 211.275–1 through 211.275–3. ■ PART 212—ACQUISITION OF COMMERCIAL ITEMS 212.301 [Amended] 4. Amend section 212.301 by— a. Removing paragraph (f)(iv)(B); and ■ b. Redesignating paragraphs (f)(iv)(C) and (D) as paragraphs (f)(iv)(B) and (C). ■ ■ PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 [Removed and Reserved] 5. Remove and reserve section 252.211–7006. ■ [FR Doc. 2022–23284 Filed 10–27–22; 8:45 am] BILLING CODE 5001–06–P 48 CFR Parts 212 and 252 [Docket DARS–2022–0027] RIN 0750–AL71 Defense Federal Acquisition Regulation Supplement: Removal of Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items (DFARS Case 2022–D022) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to remove the Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items, since the statutory authority for the program has expired. DATES: Effective October 28, 2022. FOR FURTHER INFORMATION CONTACT: Ms. Jeanette Snyder, telephone 703–508– 7524. SUMMARY: SUPPLEMENTARY INFORMATION: I. Background DoD is issuing a final rule to remove DFARS subpart 212.71, Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items, and the solicitation provision at DFARS 252.212–7002, Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items. Section 866 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2011 (Pub. L. 111–383; 10 U.S.C. 2302 note) authorized the pilot program for a 5-year period through January 6, 2016, and the pilot program was implemented in the DFARS by publication of an interim rule at 76 FR 38048. Subsequently, section 814 of the NDAA for FY 2014 extended the pilot program through December 31, 2019, and this sunset date was implemented in the DFARS by publication of a final rule at 79 FR E:\FR\FM\28OCR4.SGM 28OCR4

Agencies

[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Rules and Regulations]
[Pages 65513-65514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23284]


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DEPARTMENT OF DEFENSE

48 CFR Parts 211, 212, and 252

[Docket DARS-2022-0024]
RIN 0750-AL73


Defense Federal Acquisition Regulation Supplement: Removal of 
Passive Radio Frequency Requirements (DFARS Case 2022-D020)

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 passive radio 
frequency identification requirements.

DATES: Effective October 28, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Kimberly R. Ziegler, telephone 
703-901-3176.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is amending the DFARS to remove requirements for the use of 
passive radio frequency identification (RFID) tags for shipments that 
meet the criteria at DFARS 211.275-2. DoD no longer requires the use of 
passive RFID tags for shipments due to the use of more cost-effective 
technologies.
    Accordingly, this rule removes and reserves the contract clause at 
DFARS 252.211-7006, Passive Radio Frequency Identification, which 
requires contractors to submit advance shipment notices to associate 
the passive RFID tag with the corresponding shipment, and removes and 
reserves section 211.275, Passive radio frequency identification. DFARS 
sections 211.275-1, Definitions; 211.275-2, Policy; and 211.275-3, 
Contract clause, are also removed. DFARS clause 252.211-7006 is removed 
from the list of solicitation provisions and contract clauses for the 
acquisition of commercial items at DFARS 212.301.
    DoD issued the final rule for DFARS Case 2004-D011 (70 FR 53955) on 
September 13, 2005, to require that contractors affix passive RFID tags 
at the case and palletized unit load levels when shipping packaged 
operational rations, clothing, individual equipment, tools, personal 
demand items, or weapon system repair parts to two specific Defense 
Distribution Depots. The rule also required contractors to send an 
advance shipment notice to provide the association between the unique 
identification encoded on the passive tag(s) and the product 
information at the applicable case and palletized unit load level(s).
    DoD later updated the passive RFID requirements and the associated 
contract clause at DFARS 252.211-7006 (76 FR 58142) on September 20, 
2011, to expand the use of the tags to numerous sites and provide a new 
website that enabled contractors to find the RFID identifier for each 
specific DoD ship-to address that used RFID technology.

II. 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 41 U.S.C. 1707, Publication of Proposed 
Regulations. Subsection (a)(1) of the statute 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

[[Page 65514]]

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 
removing an unneeded contract clause from the DFARS that will reduce 
the administrative burden on contractors or offerors.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold, for Commercial Products Including Commercially Available 
Off-the-Shelf (COTS) Items, and for Commercial Services

    This rule does not impose any new requirements on contracts at or 
below the simplified acquisition threshold, for commercial products 
including commercially available off-the-shelf items, or for commercial 
services. The rule removes and reserves DFARS clause 252.211-7006, 
Passive Radio Frequency Identification, and removes the clause from the 
list of solicitation provisions and contract clauses for the 
acquisition of commercial items at DFARS 212.301.

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 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.

V. Congressional Review Act

    As required by the Congressional Review Act (5 U.S.C. 801-808) 
before an interim or final rule takes effect, DoD will submit a copy of 
the interim or final rule with the form, Submission of Federal Rules 
Under the Congressional Review Act, to the U.S. Senate, the U.S. House 
of Representatives, and to the Comptroller General of the United 
States. A major rule under the Congressional Review Act cannot take 
effect until 60 days after it is published in the Federal Register. The 
Office of Information and Regulatory Affairs has determined that this 
rule is not a major rule as defined by 5 U.S.C. 804.

VII. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require 
publication for public comment.

VIII. Paperwork Reduction Act

    This rule removes the information collection requirements 
associated with the clause at DFARS 252.211.7006, Passive Radio 
Frequency Identification, currently approved under OMB Control Number 
0704-0434, entitled ``Radio Frequency Identification Advance Shipment 
Notices''. Accordingly, DoD submitted, and OMB approved, the following 
reduction of the annual reporting burden and OMB inventory of hours 
under OMB Control Number 0704-0434 as follows:
    Respondents: 5,217.
    Responses per respondent: 3,782.
    Total annual responses: 19,732,850.
    Hours per response: Approximately 1.16 seconds.
    Total response burden hours: 6,358.

List of Subjects in 48 CFR Parts 211, 212, and 252

    Government procurement.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 211, 212, and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 211, 212, and 252 continues 
to read as follows:

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

PART 211--DESCRIBING AGENCY NEEDS


211.275  [Removed and Reserved]

0
2. Remove and reserve section 211.275.


211.275-1 through 211.275-3   [Removed]

0
3. Remove sections 211.275-1 through 211.275-3.

PART 212--ACQUISITION OF COMMERCIAL ITEMS


212.301  [Amended]

0
4. Amend section 212.301 by--
0
a. Removing paragraph (f)(iv)(B); and
0
b. Redesignating paragraphs (f)(iv)(C) and (D) as paragraphs (f)(iv)(B) 
and (C).

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.211-7006   [Removed and Reserved]

0
5. Remove and reserve section 252.211-7006.

[FR Doc. 2022-23284 Filed 10-27-22; 8:45 am]
BILLING CODE 5001-06-P
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