Rule2022-23286
Defense Federal Acquisition Regulation Supplement: Removal of Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items (DFARS Case 2022-D022)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 28, 2022
Effective
October 28, 2022
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to remove the Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items, since the statutory authority for the program has expired.
Full Text
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<title>Federal Register, Volume 87 Issue 208 (Friday, October 28, 2022)</title>
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[Federal Register Volume 87, Number 208 (Friday, October 28, 2022)]
[Rules and Regulations]
[Pages 65514-65515]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23286]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212 and 252
[Docket DARS-2022-0027]
RIN 0750-AL71
Defense Federal Acquisition Regulation Supplement: Removal of
Pilot Program for Acquisition of Military-Purpose Nondevelopmental
Items (DFARS Case 2022-D022)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is issuing a final rule to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to remove the Pilot Program
for Acquisition of Military-Purpose Nondevelopmental Items, since the
statutory authority for the program has expired.
DATES: Effective October 28, 2022.
FOR FURTHER INFORMATION CONTACT: Ms. Jeanette Snyder, telephone 703-
508-7524.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is issuing a final rule to remove DFARS subpart 212.71, Pilot
Program for Acquisition of Military-Purpose Nondevelopmental Items, and
the solicitation provision at DFARS 252.212-7002, Pilot Program for
Acquisition of Military-Purpose Nondevelopmental Items. Section 866 of
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2011
(Pub. L. 111-383; 10 U.S.C. 2302 note) authorized the pilot program for
a 5-year period through January 6, 2016, and the pilot program was
implemented in the DFARS by publication of an interim rule at 76 FR
38048. Subsequently, section 814 of the NDAA for FY 2014 extended the
pilot program through December 31, 2019, and this sunset date was
implemented in the DFARS by publication of a final rule at 79 FR
[[Page 65515]]
17446 on March 28, 2014. Since the pilot program expired on December
31, 2019, the program is being removed from the DFARS. No contracts
were awarded as a result of this pilot program.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the Federal
Acquisition Regulation (FAR) is 41 U.S.C. 1707, Publication of Proposed
Regulations. Subsection (a)(1) of the statute requires that a
procurement policy, regulation, procedure, or form (including an
amendment or modification thereof) must be published for public comment
if it relates to the expenditure of appropriated funds and has either a
significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure, or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment
because it merely removes obsolete text from the DFARS for a pilot
program that did not result in the award of any contracts by DoD;
therefore, this final rule does not impact the Government, contractors,
or offerors.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold, for Commercial Products Including Commercially Available
Off-the-Shelf Items, and for Commercial Services
This rule does not create any new solicitation provisions or
contract clauses. Although this rule removes the provision at DFARS
252.212-7002, Pilot Program for Acquisition of Military Purpose
Nondevelopmental Items, it does not impact any other existing
solicitation provisions, contract clauses, or prescriptions for the use
of solicitation provisions or contract clauses.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993.
V. Congressional Review Act
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD will submit a copy of
the interim or final rule with the form, Submission of Federal Rules
under the Congressional Review Act, to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States. A
major rule under the Congressional Review Act cannot take effect until
60 days after it is published in the Federal Register. The Office of
Information and Regulatory Affairs has determined that this rule is not
a major rule as defined by 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
VII. Paperwork Reduction Act
This proposed rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 212 and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 212 and 252 are amended as follows:
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1. The authority citation for 48 CFR parts 212 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
Subpart 212.71 [Removed and Reserved]
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2. Remove and reserve subpart 212.71, consisting of sections 212.7100,
212.7101, 212.7102, 212.7102-1 through 212.7102-3, and 212.7103.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.212-7002 [Removed and Reserved]
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3. Remove and reserve section 252.212-7002.
[FR Doc. 2022-23286 Filed 10-27-22; 8:45 am]
BILLING CODE 5001-06-P
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</html>Indexed from Federal Register on October 28, 2022.
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