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DOD/DOA | RIN: 0702-AB07 | Publication ID: Spring 2019 |
Title: ●Repeal of Obsolete Acquisition Regulation: Solicitation Provisions and Contract Clauses | |
Abstract:
This final rule will remove title 48 part 5152, "Solicitation Provisions and Contract Clauses." Three contract clauses are removed by this rule. The clause at 5152.208-9001, Industrial preparedness planning, was codified on September 20, 1989 (54 FR 38683) and never updated. The purpose of the clause was to clarify contractor responsibilities with respect to industrial preparedness planning, and was intended to be in place for a three-year test period. The clause is no longer needed because of a clause prescribed in a higher-level regulation. Specifically, the clause at DFARS 252.217-7001 (Surge Option) (codified July 31, 1991 (56 FR 36479)) and most recently updated December 4, 2018 (83 FR 62503)), prescribed for use when a surge option is needed in support of industrial capability production planning, informs contractors that the Government has the option to increase the quantity, or accelerate the delivery, of supplies or services under the contract and provides the terms for the exercise of the option and subsequent delivery of the surge quantities. The clauses at 5152.245-9000, Government property for installation support services (fixed-price contracts); and the clause at 5152.245-9001, Government property for installation support services (cost-reimbursement contracts), were codified on September 27, 1989 (54 FR 39539) and never updated. The purpose of the clauses was to clarify contractor responsibilities regarding government property provided to the contractor pursuant to, respectively, fixed-price contracts and cost-reimbursement contracts. The clauses were intended to be in place for a two-year test period. These clauses are no longer needed because of clauses established in higher-level regulations. Specifically, the clause at FAR 52.245-1, Government Property, (codified May 15, 2007 (72 FR 27390) and most recently updated January 13, 2017 (82 FR 4715)) contains requirements for the use, management, and disposal of government property. Several other FAR and Defense FAR Supplement (DFARS) clauses provide comprehensive coverage of various aspects of government property management. The removal of this text supports a recommendation from the DoD Regulatory Reform Task Force. |
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Agency: Department of Defense(DOD) | Priority: Substantive, Nonsignificant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Not subject to, not significant | |
CFR Citation: 48 CFR 5152 | |
Legal Authority: 5 U.S.C. 301 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Brenda S. Bowen Department of Defense Department of the Army U.S. Army Records Management and Declassification Agency, ATTN: AAHS-RDR-C, 9301 Chapek Road, Suite 1NW6305, Ft. Belvoir, VA 22060 Phone:571 515-0206 Email: brenda.s.bowen.civ@mail.mil |