[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Rules and Regulations]
[Pages 24894-24895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11347]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204 and 252
[Docket DARS-2017-0015]
RIN 0750-AJ54
Defense Federal Acquisition Regulation Supplement: Repeal of
DFARS Provision ``Alternate A, System for Award Management'' (DFARS
Case 2017-D044)
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 provision that is
duplicative of an existing Federal Acquisition Regulation (FAR)
provision that requires a vendor to enter Commercial and Government
Entity (CAGE) code information into a Governmentwide database prior to
award of any contract or agreement.
DATES: Effective May 30, 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 provision 252.204-
7004, Alternate A, System for Award Management (SAM), and the
associated provision prescription at DFARS 204.1105. The DFARS
provision provided definitions that are to be substituted for the
definitions in paragraph (a) of the FAR provision 52.204-7, System for
Award Management. The FAR provision is prescribed for use in most
solicitations. The purpose of the FAR provision is to inform offerors
of the requirement to be registered in SAM in order to be eligible for
an award. The DFARS provision was created for use in DoD solicitations,
to ensure, in part, that offerors responding to DoD solicitations
understood that they needed to enter a CAGE code in SAM in order to be
considered registered in the system. However, the DFARS provision is no
longer necessary, because the definition of ``Registered in the System
for Award Management (SAM) database'' in paragraph (a) of the FAR
provision has been updated to include a CAGE code as part of the
information required from an offeror in order to be considered
registered in SAM. As such, this DFARS alternate provision is redundant
and can be removed.
The removal of this DFARS text 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 provision 252.204-7004, Alternate A, System for Award
Management, 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 provision 252.204-7004,
Alternate A, System for Award Management. 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 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. Executive Order 13771
This rule is not an E.O. 13771, Reducing 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
requirement 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 III. of this preamble), the analytical
requirements of the Regulatory Flexibility Act (5
[[Page 24895]]
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 204 and 252
Government procurement.
Amy G. Williams,
Deputy, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 204 and 252 are amended as follows:
0
1. The authority citation for parts 204 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE MATTERS
204.1105 [Removed]
0
2. Remove section 204.1105.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.204-7004 [Removed and Reserved]
0
3. Remove and reserve section 252.204-7004.
[FR Doc. 2018-11347 Filed 5-29-18; 8:45 am]
BILLING CODE 5001-06-P