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DOD/OS RIN: 0790-AK52 Publication ID: Fall 2021 
Title: Solicitation Provisions and Contract Clauses 

This final rule amends the Defense Logistics Agency (DLA) acquisition regulations in 48 CFR part 5452 by removing an unnecessary clause. The 5452.249 Allocation clause became effective on May 4, 1995, and was last revised on May 17, 2001 (66 FR 27474). The rule permits fuel contractors to supply less than the full amount of fuel contracted for by the government, without being terminated for default, during periods of exceptional fuel shortages, provided that the fuel shortage is beyond the control and without the fault or negligence of the contractor. The DLA has determined there are existing Federal Acquisition Regulations (FAR) and Defense Federal Acquisition Regulation Supplements (DFARS) clauses on excusable delay and will be removing this rule. This clause is not necessary, since there are means to address the circumstance described under existing FAR and DFARS clauses on excusable delay.  Therefore, the clause may be removed. 

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 
CFR Citation: 48 CFR 5452   
Legal Authority: 5 U.S.C. 301   
Legal Deadline:  None
Action Date FR Cite
Final Action  01/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Alfred Colvill
Department of Defense
Office of the Secretary
8752 John J Kingman Rd, Ste 2545,
Fort Belvoir, VA 22060
Phone:571 767-6314