[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]

[Rules and Regulations]

[Pages 49178-49179]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2018-20971]

[[Page 49177]]

Vol. 83

Friday,

No. 189

September 28, 2018

Part II

Department of Defense

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Defense Acquisition Regulations System

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48 CFR Parts 216, 247, and 252

Federal Acquisition Regulations; Defense Federal Acquisition Regulation

Supplement: Repeal of DFARS Clause ``Additional Services'' (DFARS Case

2018-D027); Repeal of DFARS Clause Indefinite Quantities--No Fixed

Charges; Repeal of DFARS Clause Award Fee; Repeal of DFARS Clause

Indefinite Quantities--Fixed Charges; Final Rules

Federal Register / Vol. 83 , No. 189 / Friday, September 28, 2018 /

Rules and Regulations

[[Page 49178]]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 247 and 252

[Docket DARS-2018-0043]

RIN 0750-AJ89

Defense Federal Acquisition Regulation Supplement: Repeal of

DFARS Clause ``Additional Services'' (DFARS Case 2018-D027)

AGENCY: Defense Acquisition Regulations System, Department of Defense

(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal

Acquisition Regulation Supplement (DFARS) to remove a clause that is

outdated and no longer used.

DATES: Effective September 28, 2018.

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

6093.

SUPPLEMENTARY INFORMATION:

I. Background

DoD is amending the DFARS to remove DFARS clause 252.247-7020,

Additional Services, and the associated clause prescription at DFARS

247.271-3. DFARS clause 252.247-7020 applies to personal property

movement and storage contracts when a need for services related to the

contract, but not specifically addressed in the contract, occurs during

contract performance.

The DFARS clause is included in contracts when acquiring services

for the preparation of personal property for movement or storage, or

for performance of intra-city or intra-area movement, and advises

contractors that the rates billed to the US Government for additional

services must be comparable to the rates for similar services on file

with the Military Traffic Management Command at the time of the order.

The DFARS clause is no longer necessary, as the requirement for

personal property movement and storage has evolved since the creation

of this clause. Coordination with multi-functional teams and proactive

communication with customers has better defined such additional

services, and the requirement for these services is included in the

performance work statement and resultant contract line item structure.

As such, this clause is no longer necessary.

The removal of this DFARS clause 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. No public comments were received on this

provision. Subsequently, the DoD Task Force reviewed the requirements

of DFARS clause 252.247-7020, Additional Services, and determined that

the DFARS coverage was redundant and recommended removal.

II. Applicability to Contracts at or Below the Simplified Acquisition

Threshold and for Commercial Items, Including Commercially Available

Off-the-Shelf Items

This rule merely removes obsolete DFARS clause 252.247-7020,

Additional Services. Therefore, 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. Executive Orders 12866 and 13563

Executive Order (E.O.) 12866, Regulatory Planning and Review; and

E.O. 13563, Improving Regulation and Regulatory Review, 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. The Office of Management and Budget, Office of Information

and Regulatory Affairs (OIRA), has determined that this is not a

significant regulatory action as defined under section 3(f) of E.O.

12866 and, therefore, was not subject to review under section 6(b).

This rule is not a major rule as defined at 5 U.S.C. 804(2).

IV. Executive Order 13771

This rule is not an Executive Order (E.O.) 13771, Reducing

Regulation and Controlling Regulatory Costs, regulatory action, because

this rule is not significant under E.O. 12866.

V. 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 merely removes an obsolete

clause from the DFARS.

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 V. 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 247 and 252

Government procurement.

Jennifer Lee Hawes,

Regulatory Control Officer, Defense Acquisition Regulations System.

Therefore, 48 CFR parts 247 and 252 are amended as follows:

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1. The authority citation for 48 CFR parts 247 and 252 continues to

read as follows:

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

[[Page 49179]]

PART 247--TRANSPORTATION

247.271-3 [Amended]

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2. Amend section 247.271-3 by--

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a. Removing paragraph (n); and

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b. Redesignating paragraph (o) as paragraph (n).

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

252.247-7020 [Removed and Reserved]

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3. Remove and reserve section 252.247-7020.

[FR Doc. 2018-20971 Filed 9-27-18; 8:45 am]

BILLING CODE 5001-06-P