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This final rule amends the Defense Logistics Agency (DLA) acquisition regulations in 48 CFR part 5452 by removing an unnecessary clause. The 5452.249 Allocation clause became effective on May 4, 1995, and was last revised on May 17, 2001 (66 FR 27474). The rule permits fuel contractors to supply less than the full amount of fuel contracted for by the government, without being terminated for default, during periods of exceptional fuel shortages, provided that the fuel shortage is beyond the control and without the fault or negligence of the contractor. The DLA has determined there are existing Federal Acquisition Regulations (FAR) and Defense Federal Acquisition Regulation Supplements (DFARS) clauses on excusable delay.

Statement of Need:

This final rule amends the DLA acquisition regulations in this part by removing an unnecessary clause.  The Allocation clause was effective on May 4, 1995, and permitted fuel contractors to supply less than the full amount of fuel contracted for by the government, without being terminated for default, during periods of exceptional fuel shortages, provided that the fuel shortage is beyond the control and without the fault or negligence of the contractor.   DLA has determined that this clause is not necessary, since there are means to address the circumstance described under existing Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement clauses on excusable delay.  Therefore, the clause may be removed.

Summary of the Legal Basis:

5 U.S.C. 301

Alternatives:

None

Anticipated Costs and Benefits:

The rule removes a clause that is no longer in use. Therefore, there is no impact on contractors or offerors. This rule removal will not create any costs. 

Risks:

None