View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOD/COE RIN: 0710-AB03 Publication ID: Fall 2020 
Title: Procurement Activities of the Corps of Engineers  

The existing regulation at 33 CFR part 210 was published on December 7, 1961 (26 FR 11732), January 14, 1975 (40 FR 2582), and March 24, 1980 (45 FR 19202). The existing 33 CFR sections 210.1, 210.2, and 210.3 provide advance notice to prospective bidders to stimulate interest on the part of the greatest number of contractors, provide the contractor notice of award, and specify the time when the contractor is to proceed with the work under the contract. 33 CFR sections 210.4 and 210.5 set out procedural rules for the Corps of Engineers Board of Contract Appeals. The information in 33 CFR sections 210.1, 210.2 is duplicative because the Federal Acquisition Regulation (FAR) in subparts 5, 11, 14, and 15 provides procedures for advance notice, notice of award, commencement, and completion of work. Section 210.3, Notice to Proceed (NTP), is no longer necessary because the same content is found in internal Corps guidance. The Contracting Officer executes a modification to the contract when issuing an NTP. Sections 210.4 and 210.5 no longer apply and should also be repealed. The Engineer Board was absorbed by the Armed Services Board of Contract Appeals (ABSCA) in July of 2000. Unresolved cases formally before the Engineer Board would now use the ASBCA rules. The final rule action is largely administrative in nature, removing unnecessary and outdated CFR text which will provide clarity and reduce confusion to the public. The rule does not place a burden on the public, therefore its repeal does not provide a burden reduction or cost savings. This removal supports a recommendation of 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: Undetermined 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 33 CFR 210   
Legal Authority: 10 U.S.C. 2301 to 2314    10 U.S.C. 3012   
Legal Deadline:  None
Action Date FR Cite
Final Action  05/00/2021 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Wanda Cross
Chief, Policy Division
Department of Defense
U.S. Army Corps of Engineers
CECT-P, 441 G Street, NW,
Washington, DC 20314
Phone:202 761-1034