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delete PART 1317—SPECIAL CONTRACTING METHODS 48-CFR-1317 · 2010
Summary

This document cross-references other policies (CAM 1301.70, DAO 218-2, CAM 1317.570) to specify which officials have authority to modify FAR requirements, enter multi-year contracts, limit option quantities, and handle interagency acquisitions and congressional notifications.

Reason

It is purely administrative and redundant; it contributes to regulatory volume without adding substantive rules. The mere existence of such cross-referencing documents increases complexity and compliance costs by scattering requirements across multiple documents. Eliminating such facilitative regulations is a necessary step in regulatory reduction.

keep PART 1316—TYPES OF CONTRACTS 48-CFR-1316 · 2010
Summary

This regulation prescribes mandatory contract clauses and procedures for federal government procurement, specifying which standardized clauses must be inserted in different contract types (cost-reimbursement, fixed-price, time-and-materials, etc.) and establishes approval requirements and designations of authority for various contracting decisions.

Reason

While this internal procedural rule adds bureaucratic complexity, it serves a legitimate function in ensuring consistency, accountability, and transparency in government spending. It prevents ad-hoc contracting decisions and provides a standardized framework that both government personnel and contractors can rely upon. However, it should be periodically reviewed for opportunities to reduce unnecessary prescription and streamline requirements.

delete PART 1315—CONTRACTING BY NEGOTIATION 48-CFR-1315 · 2010
Summary

DOC procurement regulation mandating specific solicitation provisions (1352.215-70 through -76), evaluation criteria, and formal procedures for handling unsolicited proposals. It standardizes formats and establishes source selection authority based on contract value ($10M threshold).

Reason

Imposes heavy compliance costs on businesses, especially small firms, through rigid mandated formats and procedures. Creates anti-competitive barriers that protect incumbents while excluding smaller bidders. The unseen costs—delayed contracts, wasted resources on compliance, suppressed innovation—far exceed any marginal benefits from procedural uniformity.

delete PART 1314—SEALED BIDDING 48-CFR-1314 · 2010
Summary

Delegates authority to waive certain FAR clauses (52.214-27, 14.401-1, 14.407-3) and make determinations related to sealed bidding and defective cost data, referencing CAM 1301.70 for the designations. Also establishes procedures for records requests governed by DAO 205-14 and 15 CFR part 4.

Reason

This is a purely procedural reference that adds to the 185,000-page regulatory labyrinth without creating substantive rules affecting the public. Such internal delegation details belong in agency manuals, not the Code of Federal Regulations, which should be reserved for regulations that impose obligations or restrictions on citizens and businesses. Eliminating this type of bureaucratic clutter reduces compliance confusion and streamlines the regulatory framework.

keep PART 1313—SIMPLIFIED ACQUISITION PROCEDURES 48-CFR-1313 · 2010
Summary

Sets mandatory evaluation criteria and procedures for simplified acquisitions, micro-purchases, and purchase card use within the Department of Commerce, including training requirements and prohibitions on third-party drafts and imprest funds.

Reason

Deletion would undermine standardized oversight of federal spending, increasing risks of waste, fraud, and abuse in procurement, ultimately costing taxpayers more through misused funds and inefficiency.

delete PART 1312—ACQUISITION OF COMMERCIAL ITEMS 48-CFR-1312 · 2010
Summary

Regulation requires approval from designated authority (CAM 1301.70) for waivers to deviate from standard contract clauses or include non-customary terms in government solicitations and contracts. Controls departures from customary commercial practice in federal procurement.

Reason

Imposes unnecessary bureaucracy and transaction costs on government procurement. Creates delays and barriers to entry, disproportionately harming small businesses lacking resources to navigate waiver processes. Inhibits efficient, tailored contracting arrangements that could better serve taxpayers. The unseen cost is the stifling of innovation in procurement and the protection of large incumbent contractors who can absorb compliance overhead.

delete PART 1311—DESCRIBING AGENCY NEEDS 48-CFR-1311 · 2010
Summary

A procedural reference designating the agency head as specified in CAM 1301.70

Reason

Purely administrative with zero public benefit; eliminates unnecessary bureaucratic duplication and confusion with no cost to Americans

delete PART 1309—CONTRACTOR QUALIFICATIONS 48-CFR-1309 · 2010
Summary

Department of Commerce regulation establishing procedures for contractor qualification requirements, waivers, debarment/suspension processes, and organizational conflict of interest (OCI) management. Delegates authority to CAM 1301.70 for specific designees, sets standards for when waivers or exceptions apply, and outlines procedural requirements for debarment/suspension proceedings and OCI mitigation.

Reason

Creates complex bureaucratic maze with vague 'compelling reasons' standards inviting arbitrary enforcement and regulatory capture. Extensive procedural requirements and delegation to unseen CAM 1301.70 violate rule of law by making rules unknowable. Disproportionately burdens small businesses with compliance costs. Legitimate goals (competent contractors, no bad actors, no conflicts) achievable through simpler, transparent standards.

delete PART 1308—REQUIRED SOURCES OF SUPPLIES AND SERVICES 48-CFR-1308 · 2010
Summary

Establishes Department of Defense central printing authority and requires printing restriction clauses in contracts when printing may be required

Reason

This is a micro-regulation that creates unnecessary bureaucratic overhead without meaningful public benefit - it micromanages printing processes that should be handled through market contracts, and the compliance costs for businesses far exceed any value from centralized printing authority

delete PART 1307—ACQUISITION PLANNING 48-CFR-1307 · 2010
Summary

Departmental procurement policy requiring acquisition planning, market research, and written determinations that services are not 'inherently governmental' to promote competition and use of commercial items. Implements FAR requirements through internal CAM supplements.

Reason

While promoting competition is valuable, this regulation imposes procedural burdens (acquisition plans, written determinations, multi-layer review) that increase transaction costs and delay procurements. The 'inherently governmental' test is subjective and invites disputes requiring counsel and HCO resolution. These requirements create barriers to entry, particularly harming small contractors who cannot afford compliance overhead. The policy assumes centralized planning is necessary for competition, when in fact competition emerges spontaneously from removing barriers rather than from additional paperwork requirements. Its costs in time, money, and foregone opportunities far exceed any marginal benefit over simpler, notice-and-bid procedures.

delete PART 1306—COMPETITION REQUIREMENTS 48-CFR-1306 · 2010
Summary

Departmental procurement procedures for non-competitive contracting, including justification requirements per FAR 6.303-2, legal review thresholds, approval authorities, and Competition Advocate designations, with references to CAM 1301.70 and Executive Order 13457 restrictions on earmarks.

Reason

These rules duplicate existing FAR mandates, adding bureaucratic layers that increase procurement delays and compliance costs for both agencies and contractors while contributing to regulatory complexity; the marginal oversight benefit does not outweigh the hidden tax of administrative burden.

delete PART 1305—PUBLICIZING CONTRACT ACTIONS 48-CFR-1305 · 2010
Summary

This regulation establishes specific designees for various administrative functions including GPE advance notice decisions, congressional request handling, long-range acquisition estimates, and newspaper advertisement authorization, all referencing CAM 1301.70 for detailed procedures.

Reason

This regulation creates unnecessary bureaucratic complexity by establishing multiple designees for administrative functions without clear public benefit, adding compliance costs and creating potential for regulatory capture through the designation process itself.

delete PART 1304—ADMINISTRATIVE MATTERS 48-CFR-1304 · 2010
Summary

Internal Department of Commerce procedures for contract management, property reporting, and contractor identity verification, supplementing Federal Acquisition Regulation requirements with departmental-specific processes.

Reason

Administrative overhead creates compliance costs without meaningful public benefit - property reporting adds paperwork burden, contract closeout procedures duplicate existing FAR requirements, and contractor identity verification systems impose unnecessary restrictions on private sector personnel access to government facilities.

delete PART 1303—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST 48-CFR-1303 · 2010
Summary

Federal procurement regulations establishing procedures for reporting and investigating violations of ethical standards, including gratuities, procurement integrity, kickbacks, and lobbying activities, with designated officials responsible for fact-finding and enforcement actions.

Reason

These regulations create costly bureaucratic compliance requirements that burden small businesses disproportionately, enable regulatory capture through complex enforcement mechanisms, and violate constitutional federalism by federalizing what should be state-level contracting oversight. The unseen costs include reduced competition, higher prices for taxpayers, and the creation of a compliance industry that adds no value to procurement outcomes.

delete PART 1302—DEFINTIONS OF WORDS AND TERMS 48-CFR-1302 · 2010
Summary

Definitions and terminology for the Department of Commerce acquisition regulations (CAR/CAM) that implement the Federal Acquisition Regulation (FAR), specifying procurement roles, offices, and organizational structure.

Reason

Federal procurement regulations impose massive compliance costs exceeding $2 trillion annually, create substantial barriers for small businesses while favoring large incumbent contractors, and produce grossly inefficient government spending through rigid bureaucratic processes that distort market competition and violate limited government principles.