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DOD/DARC RIN: 0750-AK59 Publication ID: Fall 2019 
Title: Repeal of DFARS Provision "Alternate Preservation, Packaging, and Packing" (DFARS Case 2019-D022) 

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to repeal the provision at DFARS 252.211-7004, Alternate Preservation, Packaging, and Packing. Included in solicitations that include military preservation, packaging, or packing specifications when it may be feasible to evaluate and award using commercial or industrial standards, this provision tells offerors how to submit another offer that contains alternative specifications for award consideration. Agencies have broad discretion to develop factors that support a meaningful comparison between proposals. The ability to make tradeoffs between commercial standards/military specifications and cost/price already exists as part of acquisition planning; this provision is not necessary to exercise that ability. Additionally, evaluation criteria and the source selection process should be fully explained in a comprehensive manner within the solicitation. As such, it is appropriate to remove this provision to avoid the potential for conflicting information and procedures associated with proposal development and evaluation. The repeal of this DFARS provision supports a recommendation from the DoD Regulatory Reform Task Force.

Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously 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 211    48 CFR 252   
Legal Authority: 41 U.S.C. 1303   
Legal Deadline:  None
Action Date FR Cite
Final Action  11/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jennifer Hawes
Defense Acquisition Regulations System
Department of Defense
3060 Defense Pentagon, Room 3B941,
Washington, DC 20301-3060
Phone:571 372-6115