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DOD/COE | RIN: 0710-AB03 | Publication ID: Fall 2020 |
Title: Procurement Activities of the Corps of Engineers | |
Abstract:
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 Sections 210.4 and 210.5 no longer apply and should also be repealed.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 The final rule action is largely administrative in nature, removing unnecessary and outdated CFR text which will provide clarity and reduce confusion to the public.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. |
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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 |
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Timetable:
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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 Email: wanda.m.cross@usace.army.mil |