[Federal Register Volume 79, Number 19 (Wednesday, January 29, 2014)]
[Rules and Regulations]
[Page 4633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01274]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
RIN 0750-AI15
Defense Federal Acquisition Regulation Supplement: Proposal
Adequacy Checklist Revision (DFARS Case 2013-D033)
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 redundant item
from the solicitation provision, Proposal Adequacy Checklist.
DATES: Effective January 29, 2014.
FOR FURTHER INFORMATION CONTACT: Susan Williams, telephone 571-372-
6092.
SUPPLEMENTARY INFORMATION:
I. Discussion
DoD is revising the DFARS to remove and reserve item 19 of the
solicitation provision at DFARS 252.215-7009, Proposal Adequacy
Checklist. Item 19 required price analysis for all commercial items
offered that are not available to the general public. Through further
research and discussion, DOD has determined that item 19 listed on the
Proposal Adequacy Checklist is duplicative in nature. DoD has concluded
that items proposed with a commercial basis under subcontracts in the
proposal require price analysis by the offeror. Furthermore, DoD has
also concluded that question 14 under the Material and Service section
and question 17 under the Subcontracts section on the Proposal Adequacy
Checklist currently address the requirement for price analysis of the
proposed commercial item that is produced or performed by others.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations,'' 41 U.S.C. 1707, is the
statute which applies to the publication of the Federal Acquisition
Regulation. Paragraph (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
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 the changes are not substantive and will not place any
additional burden on the public.
III. 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. This rule is not a major rule
under 5 U.S.C. 804.
IV. 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.
V. 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 Part 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 252 is amended as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR Chapter 1.
252.215-7009 [Amended]
0
2. Amend section 252.215-7009 by--
0
a. Removing the provision date ``(MAR 2013)'' and adding ``(JAN 2014)''
in its place; and
0
b. Removing from the Proposal Adequacy Checklist, item 19--
0
i. Under the ``References'' column, ``FAR 15.408, Table 15-2, Section
II, Paragraph A''; and
0
ii. Under the ``Submission Item'' column, ``Does the proposal include a
price analysis for all commercial items offered that are not available
to the general public?'' and adding in its place ``[Reserved]''.
[FR Doc. 2014-01274 Filed 1-28-14; 8:45 am]
BILLING CODE 5001-06-P