Procurement Activities of the Corps of Engineers

• Published date: 02 July 2021
• Citation: 86 FR 35225
• Record Number: 2021-14244
• Section: Rules and Regulations
• Court: Army, Corps Of Engineers Department,Defense Department

Federal Register, Volume 86 Issue 125 (Friday, July 2, 2021)

[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
                [Rules and Regulations]
                [Pages 35225-35226]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-14244]
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                DEPARTMENT OF DEFENSE
                Department of the Army, Corps of Engineers
                33 CFR Part 210
                RIN 0710-AB39
                Procurement Activities of the Corps of Engineers
                AGENCY: U.S. Army Corps of Engineers, Department of Defense.
                ACTION: Final rule.
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                SUMMARY: This final rule removes the U.S. Army Corps of Engineers' part
                titled, ``Procurement Activities of the Corps of Engineers.'' Each
                removed section is out-of-date, duplicative of existing regulations,
                and otherwise covers internal agency operations that have no public
                compliance component or adverse public impact. Regulations governing
                internal procurement activities can be found on file with the agency.
                Therefore, this part can be removed from the Code of Federal
                Regulations (CFR).
                DATES: This rule is effective on July 2, 2021.
                ADDRESSES: Department of the Army, U.S. Army Corps of Engineers, ATTN:
                CECT-P (Ms. Wanda Cross), 441 G Street NW, Washington, DC 20314-1000.
                FOR FURTHER INFORMATION CONTACT: Ms. Wanda Cross at (202) 761-1034 or
                by email at [email protected].
                SUPPLEMENTARY INFORMATION: This final rule removes from the CFR part
                210 of title 33, ``Procurement Activities of the Corps of Engineers.''
                The rules at 33 CFR 210.1, 210.2, and 210.3 were published on December
                7, 1961 (26 FR 11732) pursuant to Department of Defense procurement
                statutes, 10 U.S.C. Chapter 137. The regulation at 33 CFR 210.1
                provides for procedures for advance notices to prospective bidders on
                certain construction contracts. The regulation at 33 CFR 210.2 provides
                for procedures to notify the successful bidder of the acceptance of
                their bid. The regulation at 33 CFR 210.3 provides for procedures to
                issue a notice to proceed to contractors. The rule at 33 CFR 210.4 was
                initially published on January 14, 1975 (40 FR 2582), and amended on
                March 24, 1980 (45 FR 19202). The rule at 33 CFR 210.5 was published on
                March 24, 1980 (45 FR 19202). The regulations at 33 CFR 210.4 and 201.5
                provide for the administration of appeals before the Corps of Engineers
                Board of Contract Appeals. While the rules apply only to the Corps'
                internal
                [[Page 35226]]
                procedures, they were published, at that time, in the Federal Register
                to aid public accessibility.
                 The solicitation of public comment for this removal is unnecessary
                as the removed sections in this part are out-of-date, duplicative of
                existing regulations, and otherwise cover internal agency operations
                that have no public compliance component or adverse public impact.
                Sections 210.1, 210.2, and 210.3 are duplicative with and/or have been
                updated by the Federal Acquisition Regulation (FAR) subparts 5, 11, 14,
                and 15 which provide procedures for advance notice, notice of award,
                commencement, and completion of work. Sections 210.4 and 210.5 no
                longer apply. In addition, the Engineer Board was absorbed by the Armed
                Services Board of Contract Appeals in July 2000.
                 This removal is being conducted to provide clarity and reduce
                confusion for the public as well as for the Corps regarding the current
                policy which governs the Corps' internal procurement activities. The
                removal of the regulation will ensure the Corps' policy complies with
                the existing FAR which can be found at the source provided in this
                SUPPLEMENTARY INFORMATION section. The regulation does not place a
                burden on the public; therefore, its removal does not provide a
                reduction in public burden or costs. This rule is not significant under
                Executive Order 12866, ``Regulatory Planning and Review.''
                List of Subjects in 33 CFR Part 210
                 Administrative practice and procedure, Government procurement.
                PART 210--[REMOVED]
                0
                Accordingly, for the reasons stated in the preamble and under the
                authority of 5 U.S.C. 301, the Corps removes 33 CFR part 210.
                 Dated: June 29, 2021.
                Jaime A. Pinkham,
                Acting Assistant Secretary of the Army (Civil Works).
                [FR Doc. 2021-14244 Filed 7-1-21; 8:45 am]
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