Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations 30587 

PART 243—CONTRACT 

MODIFICATIONS 

243.204–70–6 [Amended] 

■ 5. Amend section 243.204–70–6 by— 

■ a. In paragraph (b), removing ‘‘The 

contractor’s reduced cost risk for costs 

incurred’’ and adding ‘‘Any reduced 

cost risk to the contractor for costs 

expected to be incurred’’ in its place; 

and 

■ b. In paragraph (c), removing 

‘‘contract action’’ and adding ‘‘unpriced 

change order’’ in its place and removing 

‘‘contract file’’ and adding ‘‘price 

negotiation memorandum’’ in its place. 

[FR Doc. 2018–14042 Filed 6–28–18; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 216, 247, and 252 

[Docket DARS–2018–0031] 

RIN 0750–AJ91 

Defense Federal Acquisition 

Regulation Supplement: Repeal of 

DFARS Clause ‘‘Requirements’’ 

(DFARS Case 2018–D030) 

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 

duplicative of an existing Federal 

Acquisition Regulation (FAR) clause. 

DATES: Effective June 29, 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 252.216– 

7010, Requirements, the Alternate 

clause, the associated clause 

prescription at DFARS 216.506, and a 

cross-reference to the clause at DFARS 

247.271–3(p). 

The DFARS clause is included in 

contracts for preparation of personal 

property for movement or storage, or for 

intra-city or intra-area movement; 

advises contractors that a requirements 

contract has been issued and how 

quantities work under the contract; that 

the delivery of items or performance of 

work is subject to the issuance of orders; 

and, that the Government shall order all 

requirements covered by the contract 

from the contractor, unless certain 

circumstances apply. 

FAR clause, 52.216–21, Requirements, 

advises contractors of the same 

information in the DFARS clause, and 

also provides a date after which the 

contractor is not required to make any 

deliveries under the contract. The 

DFARS clause is no longer necessary, 

because the FAR clause applies to the 

situations in which the DFARS clause is 

prescribed for use and covers the 

information contained in the DFARS 

clause. As such, this DFARS clause is 

now redundant 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 notification 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 252.216–7010, Requirements, 

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 Offthe-Shelf Items 

This rule does not add any new 

solicitation provisions or contract 

clauses. This rule only removes obsolete 

DFARS provision 252.216–7010, 

Requirements. 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 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 


sradovich on DSK3GMQ082PROD with RULES
30588 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations 

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, 

247, and 252 

Government procurement. 

Amy G. Williams, 

Deputy, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 216, 247, and 

252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 216, 247, and 252 continues to 

read as follows: 

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

chapter 1. 

PART 216—TYPES OF CONTRACTS 

216.506 [Amended] 

■ 2. In section 216.506, remove 

paragraph (d). 

PART 247—TRANSPORTATION 

247.271–3 [Amended] 

■ 3. In section 247.271–3, remove 

paragraph (p). 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.216–7010 [Removed] 

■ 4. Remove section 252.216–7010. 

[FR Doc. 2018–14041 Filed 6–28–18; 8:45 am] 

BILLING CODE 5001–06–P 


sradovich on DSK3GMQ082PROD with RULES