[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Rules and Regulations]
[Pages 35225-35226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14244]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 210

RIN 0710-AB39


Procurement Activities of the Corps of Engineers

AGENCY: U.S. Army Corps of Engineers, Department of Defense.

ACTION: Final rule.

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SUMMARY: This final rule removes the U.S. Army Corps of Engineers' part 
titled, ``Procurement Activities of the Corps of Engineers.'' Each 
removed section is out-of-date, duplicative of existing regulations, 
and otherwise covers internal agency operations that have no public 
compliance component or adverse public impact. Regulations governing 
internal procurement activities can be found on file with the agency. 
Therefore, this part can be removed from the Code of Federal 
Regulations (CFR).

DATES: This rule is effective on July 2, 2021.

ADDRESSES: Department of the Army, U.S. Army Corps of Engineers, ATTN: 
CECT-P (Ms. Wanda Cross), 441 G Street NW, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Ms. Wanda Cross at (202) 761-1034 or 
by email at <a href="/cdn-cgi/l/email-protection#ef988e818b8ec182c18c9d809c9cddaf9a9c8e8c8ac18e9d8296c1828683"><span class="__cf_email__" data-cfemail="265147484247084b084554495555146653554745430847544b5f084b4f4a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This final rule removes from the CFR part 
210 of title 33, ``Procurement Activities of the Corps of Engineers.'' 
The rules at 33 CFR 210.1, 210.2, and 210.3 were published on December 
7, 1961 (26 FR 11732) pursuant to Department of Defense procurement 
statutes, 10 U.S.C. Chapter 137. The regulation at 33 CFR 210.1 
provides for procedures for advance notices to prospective bidders on 
certain construction contracts. The regulation at 33 CFR 210.2 provides 
for procedures to notify the successful bidder of the acceptance of 
their bid. The regulation at 33 CFR 210.3 provides for procedures to 
issue a notice to proceed to contractors. The rule at 33 CFR 210.4 was 
initially published on January 14, 1975 (40 FR 2582), and amended on 
March 24, 1980 (45 FR 19202). The rule at 33 CFR 210.5 was published on 
March 24, 1980 (45 FR 19202). The regulations at 33 CFR 210.4 and 201.5 
provide for the administration of appeals before the Corps of Engineers 
Board of Contract Appeals. While the rules apply only to the Corps' 
internal

[[Page 35226]]

procedures, they were published, at that time, in the Federal Register 
to aid public accessibility.
    The solicitation of public comment for this removal is unnecessary 
as the removed sections in this part are out-of-date, duplicative of 
existing regulations, and otherwise cover internal agency operations 
that have no public compliance component or adverse public impact. 
Sections 210.1, 210.2, and 210.3 are duplicative with and/or have been 
updated by the Federal Acquisition Regulation (FAR) subparts 5, 11, 14, 
and 15 which provide procedures for advance notice, notice of award, 
commencement, and completion of work. Sections 210.4 and 210.5 no 
longer apply. In addition, the Engineer Board was absorbed by the Armed 
Services Board of Contract Appeals in July 2000.
    This removal is being conducted to provide clarity and reduce 
confusion for the public as well as for the Corps regarding the current 
policy which governs the Corps' internal procurement activities. The 
removal of the regulation will ensure the Corps' policy complies with 
the existing FAR which can be found at the source provided in this 
SUPPLEMENTARY INFORMATION section. The regulation does not place a 
burden on the public; therefore, its removal does not provide a 
reduction in public burden or costs. This rule is not significant under 
Executive Order 12866, ``Regulatory Planning and Review.''

List of Subjects in 33 CFR Part 210

    Administrative practice and procedure, Government procurement.

PART 210--[REMOVED]

0
Accordingly, for the reasons stated in the preamble and under the 
authority of 5 U.S.C. 301, the Corps removes 33 CFR part 210.

    Dated: June 29, 2021.
Jaime A. Pinkham,
Acting Assistant Secretary of the Army (Civil Works).
[FR Doc. 2021-14244 Filed 7-1-21; 8:45 am]
BILLING CODE 3720-58-P


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