View Rule

DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement to repeal the solicitation clause 252.222-7001, Right of First Refusal of Employment-Closure of Military Installations. There is no value in retaining this DFARS clause, since the Federal Acquisition Regulation (FAR) clause 52.207-3, Right of First Refusal of Employment, may be used to address Government employees who will be adversely affected by a base closure or realignment. DoD 4165.66M, Base Redevelopment and Realignment Manual, cites FAR clause 52.207-3 as the clause to use for affected employees during a closure or realignment. 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 13777, Enforcing the Regulatory Reform Agenda, which established a Federal policy to alleviate unnecessary regulatory burdens on the American people. In accordance with Executive Order 13777, DoD established a Regulatory Reform Task Force to review and validate DoD regulations, including the DFARS, to determine if revisions were needed. 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 on all DFARS clauses and provisions. No public comments were received on this provision. Subsequently, the DoD Task Force reviewed the requirements of DFARS provision 252.222-7001 and determined that the provision was unnecessary and recommended removal.