83 FR 211 pgs. 54680-54681 - Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Option for Supervision and Inspection Services” (DFARS Case 2018-D041)
Type: RULEVolume: 83Number: 211Pages: 54680 - 54681
Pages: 54680, 54681Docket number: [Docket DARS-2018-0050]
FR document: [FR Doc. 2018-23680 Filed 10-30-18; 8:45 am]
Agency: Defense Department
Sub Agency: Defense Acquisition Regulations System
Official PDF Version: PDF Version
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 236 and 252
[Docket DARS-2018-0050]
RIN 0750-AK03
Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause "Option for Supervision and Inspection Services" (DFARS Case 2018-D041)
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 clause that is no longer necessary.
DATES:
Effective October 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Ms. Carrie Moore, telephone 571-372-6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to remove the DFARS clause 252.236-7009, Option for Supervision and Inspection Services, remove the associated clause prescription at DFARS 236.609-70(a)(1), and revise a cross reference in the introductory text to DFARS clause 252.236-7011. DFARS clause 252.236-7009 is used in fixed-price solicitations and contracts for architect-engineering services when the architect may also be required to provide supervision and inspection services during construction. The clause advises contractors that the Government may, at its option, direct the contractor to perform supervision and inspection services for the construction contract. If the need for such services arises, the Government will notify the contractor in writing and the contractor shall proceed with the services upon receipt of the written notification. A description of the scope of the supervision and inspection services is included as an appendix to the contract.
The need for architect-engineers to perform supervision and inspection services during construction is uncommon. When it is necessary, an option that accurately describes the scope of services can be included in the contract, pursuant to Federal Acquisition Regulation subpart 17.2, Options. Contracting activities can better address these services, to the extent they are needed and the procedures applicable to the requirement, within the scope of a contract. As such, this DFARS clause is unnecessary and can be removed.
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 clause. Subsequently, the DoD Task Force reviewed the requirements of DFARS clause 252.236-7009, Option for Supervision and Inspection Services, and determined that the DFARS coverage was unnecessary 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 only removes obsolete DFARS clause 252.236-7009, Option for Supervision and Inspection 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. Publication of This Final Rule for Public Comment Is Not Required by Statute
[top] The statute that applies to the publication of the FAR is Office of
IV. Executive Orders 12866 and 13563
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, 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).
V. Executive Order 13771
This rule is not an E.O. 13771 regulatory action, because this rule is not significant 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 236 and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 236 and 252 are amended as follows:
1. The authority citation for 48 CFR parts 236 and 252 continues to read as follows:
Authority:
41 U.S.C. 1303 and 48 CFR chapter 1.
PART 236-CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
236.609-70 [Amended]
2. Amend section 236.609-70 by-
a. In the section heading, removing "and clause";
b. Removing paragraph (a); and
c. Redesignating the introductory text of paragraph (b) as introductory text to the section.
PART 252-SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.236-7009 [Removed and Reserved]
3. Remove and reserve section 252.236-7009.
252.236-7011 [Amended]
4. Amend section 252.236-7011, in the introductory text, by removing "236.609-70(b)" and adding "236.609-70" in its place.
[FR Doc. 2018-23680 Filed 10-30-18; 8:45 am]
BILLING CODE 5001-06-P