Federal Acquisition Regulation: Update to ASSIST Database References, 53754-53756 [2023-16660]
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53754
Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 9, 11, 23, 52, and 53
[FAC 2023–05, FAR Case 2022–008, Item
III; Docket No. 2022–0008, Sequence No.
1]
RIN 9000–AO45
Federal Acquisition Regulation:
Update to ASSIST Database
References
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
update contact information, web
addresses, and office titles associated
with the DoD Acquisition Streamlining
and Standardization Information System
and clarify the authoritative source for
a form.
DATES: Effective September 7, 2023.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, Procurement Analyst, at
571–300–5917 or by email at
carrie.moore@gsa.gov, for clarification
of content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755 or GSARegSec@gsa.gov.
Please cite FAC 2023–05, FAR Case
2022–008.
SUPPLEMENTARY INFORMATION:
SUMMARY:
ddrumheller on DSK120RN23PROD with RULES5
I. Background
DoD, GSA, and NASA are amending
the FAR to update the contact
information, web addresses, and office
titles necessary to obtain Federal and
Defense specifications and standards
from the DoD Acquisition Streamlining
and Standardization Information System
(ASSIST) website or, for Defense
documents not available in ASSIST, the
Defense Standardization Program Office.
This final rule also adds a reference in
part 53, Forms, to the American
National Standards Institute (ANSI)
Z39.18, Scientific and Technical
Reports—Preparation, Presentation, and
Preservation, with the prescription for
the Standard Form 298, Report
Documentation Page.
DoD, GSA, and NASA published a
final rule at 64 FR 72446, on December
27, 1999, to provide guidance to offerors
VerDate Sep<11>2014
21:51 Aug 07, 2023
Jkt 259001
on how to obtain Defense specifications
and standards formerly listed in the
DoD Index of Specifications and
Standards (DoDISS) from the ASSIST
database or from the DoD Single Stock
Point (DoDSSP). DoD, GSA, and NASA
published additional revisions to this
guidance at 71 FR 227, on January 3,
2006, which replaced references to
DoDISS with ASSIST and made several
updates associated with obtaining DoD
specifications and standards via
internet, phone, and fax.
This final rule updates the web
address where offerors may download
unclassified DoD specifications and
standards from the ASSIST website, as
well as the program office name and the
contact information where offerors can
obtain Defense specifications and
standards that are not available from the
ASSIST website. The rule also removes
obsolete guidance for ordering
specifications, standards, and/or
product descriptions by mail or in
person via a physical address, fax, or
phone, as these methods of contact were
replaced by a more immediate method
of access via the ASSIST database.
Conforming changes are made in the
FAR provisions at 52.211–1,
Availability of Specifications Listed in
the GSA Index of Federal Specifications,
Standards and Commercial Item
Descriptions, FPMR Part 101–29;
52.211–2, Availability of Specifications,
Standards, and Data Item Descriptions
Listed in the Acquisition Streamlining
and Standardization Information System
(ASSIST); and 52.212–1, Instructions to
Offerors—Commercial Products and
Commercial Services.
Additionally, this rule adds a
reference to ANSI Standard Z39.18
within the prescription for form SF 298
in part 53 to provide the source
document that requires the use of the
form.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the FAR is 41 U.S.C.
1707. Subsection (a)(1) of 41 U.S.C.
1707 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 this rule only:
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Fmt 4701
Sfmt 4700
updates the obsolete contact
information and methods for obtaining
Defense specifications and standards
and Federal specifications, standards,
and product descriptions; and identifies
the source document that requires the
use of a standard form identified in the
FAR. This rule does not change the
policy regarding or necessity for
obtaining such documents or using the
form.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Products, Including Commercially
Available Off-the-Shelf (COTS) Items,
and for Commercial Services
This rule does not create any new
solicitation provisions or contract
clauses. This rule does amend the
provisions at FAR 52.211–1, 52.211–2,
and 52.212–1 to incorporate the updated
directions to obtain Federal and DoD
documents, but does not impose any
new requirements on contracts at or
below the SAT, for commercial
products, including COTS items, or for
commercial services. The provision
52.212–1 continues to apply to
acquisitions at or below the SAT and to
acquisitions for commercial products,
including COTS items, or for
commercial services; while the
provisions 52.211–1 and 52.211–2
continue to apply to acquisitions at or
below the SAT, and not apply to
acquisitions for commercial products,
including COTS items, or for
commercial services.
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
The Congressional Review Act (5
U.S.C. 801–808) requires interim and
final rules to be submitted to Congress
before the rule takes effect. The Office
of Information and Regulatory Affairs
(OIRA) in the Office of Management and
E:\FR\FM\08AUR5.SGM
08AUR5
Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations
Budget has determined that this is not
a major rule under 5 U.S.C. 804.
VI. Regulatory Flexibility Act
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule under 41 U.S.C.
1707(a)(1) (see section II. of this
preamble), the analytical requirements
of the Regulatory Flexibility Act (5
U.S.C. 601–612) are not applicable.
Accordingly, no regulatory flexibility
analysis is required, and none has been
prepared.
VII. Paperwork Reduction Act
This 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.
3501–3521).
List of Subjects in 48 CFR Parts 9, 11,
23, 52, and 53
Government procurement.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 9, 11, 23, 52, and
53 as set forth below:
■ 1. The authority citation for 48 CFR
parts 9, 11, 23, 52, and 53 continues to
read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 4 and 10 U.S.C. chapter 137 legacy
provisions (see 10 U.S.C. 3016); and 51
U.S.C. 20113.
2. Amend section 9.203 by revising
paragraphs (b), (c)(2), and (d) to read as
follows:
QPL’s, QML’s, and QBL’s.
ddrumheller on DSK120RN23PROD with RULES5
*
*
*
*
*
(b) Specifications requiring a qualified
product are included—
(1) In the GSA Index of Federal
Specifications, Standards and
Commercial Item Descriptions; and
(2) On the Department of Defense
Acquisition Streamlining and
Standardization Information System
(ASSIST) website at https://
assist.dla.mil.
(c) * * *
(2) Department of Defense Manual
4120.24, Defense Standardization
Program (DSP) Procedures,
(www.esd.whs.mil/Directives/Issuances/
dodm) as amended by Military
Standards 961 and 962 (https://
assist.dla.mil).
21:51 Aug 07, 2023
11.102
[Amended]
3. Amend section 11.102 by—
a. Removing from the first sentence
‘‘DoD 4120.24–M, Defense
Standardization Program Policies and
Procedures’’ and adding ‘‘DoD Manual
4120.24, Defense Standardization
Program (DSP) Procedures’’ in its place;
and
■ b. Removing from the third sentence
‘‘DoD 4120.24–M’’ and ‘‘see 11.201(d)(2)
or (3)’’ and adding ‘‘DoD Manual
4120.24’’ and ‘‘https://
www.esd.whs.mil/Directives/Issuances/
dodm or see 11.201(d)(2) or (3)’’ in their
places, respectively.
■ 4. Amend section 11.201 by—
■ a. Removing from paragraph (a)
introductory text ‘‘the DoD Acquisition
Streamlining and Standardization
Information System (ASSIST), or other’’
and adding ‘‘available on the DoD
Acquisition Streamlining and
Standardization Information System
(ASSIST) website, or listed in other’’ in
its place;
■ b. Revising paragraphs (d)(1) through
(3); and
■ c. Removing from paragraph (e)
‘‘DoDSSP’’ and adding ‘‘the Defense
Standardization Program Office’’ in its
place.
The revisions read as follows:
■
■
*
■
VerDate Sep<11>2014
PART 11—DESCRIBING AGENCY
NEEDS
11.201 Identification and availability of
specifications.
PART 9—CONTRACTOR
QUALIFICATIONS
9.203
(d) The publications in paragraphs
(b)(1) and (c)(1) of this section may be
obtained from the address in
11.201(d)(1).
Jkt 259001
*
*
*
*
(d) (1) The GSA Index of Federal
Specifications, Standards and
Commercial Item Descriptions, FPMR
Part 101–29, may be viewed at the
ASSIST website at https://assist.dla.mil.
(2) Most unclassified Defense
specifications and standards may be
downloaded from the ASSIST website at
https://assist.dla.mil.
(3) Defense documents not available
from the ASSIST website may be
ordered from the Defense
Standardization Program Office by—
(i) Using the ASSIST feedback module
at https://assist.dla.mil/feedback; or
(ii) Contacting the Defense
Standardization Program Office by
telephone at 571–767–6888 or email at
assisthelp@dla.mil.
*
*
*
*
*
11.202
[Amended]
5. Amend section 11.202 by—
a. Removing from paragraph (a)
‘‘listed in the DoDISS’’ and adding
■
■
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53755
‘‘available at the ASSIST website’’ in its
place; and
■ b. Removing from paragraph (b) ‘‘DoD
4120.24–M, Defense Standardization
Program Policies and Procedures’’ and
adding ‘‘DoD Manual 4120.24, Defense
Standardization Program (DSP)
Procedures’’ in its place.
■ 6. Amend section 11.204 by revising
the section heading and paragraph (b) to
read as follows:
11.204
Solicitation provisions.
*
*
*
*
*
(b) The contracting officer shall insert
the provision at 52.211–2, Availability
of Defense Specifications, Standards,
and Data Item Descriptions in the
Acquisition Streamlining and
Standardization Information System
(ASSIST) website, in solicitations that
cite specifications available in ASSIST
that are not furnished with the
solicitation.
*
*
*
*
*
PART 23—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG-FREE
WORKPLACE
23.704
[Amended]
7. Amend section 23.704 by removing
from paragraph (b)(1)(ii) ‘‘Pub. L.’’ and
‘‘(see 11.102)(c))’’ and adding ‘‘Public
Law’’ and ‘‘(see 11.101(b))’’ in their
places, respectively.
■
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
8. Revise section 52.211–1 to read as
follows:
■
52.211–1 Availability of Specifications
Listed in the GSA Index of Federal
Specifications, Standards and Commercial
Item Descriptions, FPMR Part 101–29.
As prescribed in 11.204(a), insert the
following provision:
Availability of Specifications Listed in
the GSA Index of Federal
Specifications, Standards and
Commercial Item Descriptions, FPMR
Part 101–29 (Sep 2023)
(a) The GSA Index of Federal
Specifications, Standards and
Commercial Item Descriptions, FPMR
Part 101–29, and copies of Federal
specifications, standards, and product
descriptions can be downloaded from
the ASSIST website at https://
assist.dla.mil.
(b) If the General Services
Administration, Department of
Agriculture, or Department of Veterans
Affairs issued this solicitation, a copy of
E:\FR\FM\08AUR5.SGM
08AUR5
53756
Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Rules and Regulations
specifications, standards, and
commercial item descriptions cited in
this solicitation may be obtained from
the ASSIST website identified in
paragraph (a) of this provision.
(End of provision)
■ 9. Revise section 52.211–2 heading
and text to read as follows:
52.211–2 Availability of Defense
Specifications, Standards, and Data Item
Descriptions in the Acquisition
Streamlining and Standardization
Information System (ASSIST) website.
As prescribed in 11.204(b), insert the
following provision:
Availability of Defense Specifications,
Standards, and Data Item Descriptions
in the Acquisition Streamlining and
Standardization Information System
(ASSIST) Website (Sep 2023)
(a) Most unclassified Defense
specifications and standards may be
downloaded from the ASSIST website at
https://assist.dla.mil.
(b) Defense documents not available
from ASSIST may be requested from the
Defense Standardization Program Office
by—
(1) Using the ASSIST feedback
module (https://assist.dla.mil/
feedback); or
(2) Contacting the Defense
Standardization Program Office by
telephone at 571–767–6888 or email at
assisthelp@dla.mil.
ddrumheller on DSK120RN23PROD with RULES5
(End of provision)
■ 10. Amend section 52.212–1 by
revising the date of the provision and
paragraphs (i)(1), (2), and (3) to read as
follows:
the address in paragraph (i)(1)(i) of this
provision.
(2) Most unclassified Defense
specifications and standards may be
downloaded from the ASSIST website at
https://assist.dla.mil.
(3) Defense documents not available
from the ASSIST website may be
requested from the Defense
Standardization Program Office by—
(i) Using the ASSIST feedback module
(https://assist.dla.mil/feedback); or
(ii) Contacting the Defense
Standardization Program Office by
telephone at 571–767–6688 or email at
assisthelp@dla.mil.
*
*
*
*
*
PART 53—FORMS
53.235
List of Subjects in 48 CFR Part 52
Government procurement.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR part 52 as set forth
below:
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
1. The authority citation for 48 CFR
part 52 continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 4 and 10 U.S.C. chapter 137 legacy
provisions (see 10 U.S.C. 3016); and 51
U.S.C. 20113.
52.212–3
[Amended]
11. Amend section 53.235 by
removing ‘‘35.010’’ and adding ‘‘35.010
and ANSI Standard Z39.18’’ in its place.
■
[FR Doc. 2023–16660 Filed 8–7–23; 8:45 am]
BILLING CODE 6820–EP–P
[Amended]
2. Amend section 52.212–3 by:
a. Revising the date of the provision;
and
■ b. Removing from paragraph (g)(4)(i)
‘‘paragraph (g)(5)(ii)’’ and adding
‘‘paragraph (g)(4)(ii)’’ in its place.
The revision reads as follows:
■
■
52.212–3 Offeror Representations and
Certifications—Commercial Products and
Commercial Services.
DEPARTMENT OF DEFENSE
*
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
*
*
*
*
Offeror Representations and
Certifications—Commercial Products
and Commercial Services (Sep 2023)
*
*
*
*
*
[FR Doc. 2023–16661 Filed 8–7–23; 8:45 am]
48 CFR Part 52
BILLING CODE 6820–EP–P
[FAC 2023–05; Item IV; Docket No. FAR–
2023–0052; Sequence No. 3]
DEPARTMENT OF DEFENSE
52.212–1 Instructions to Offerors—
Commercial Products and Commercial
Services.
Federal Acquisition Regulation;
Technical Amendments
GENERAL SERVICES
ADMINISTRATION
*
AGENCY:
Instructions to Offerors—Commercial
Products and Commercial Services (Sep
2023)
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
*
ACTION:
*
*
*
*
*
*
*
*
(i) * * *
(1)(i) The GSA Index of Federal
Specifications, Standards and
Commercial Item Descriptions, FPMR
Part 101–29, and copies of Federal
specifications, standards, and product
descriptions can be downloaded from
the ASSIST website at https://
assist.dla.mil.
(ii) If the General Services
Administration, Department of
Agriculture, or Department of Veterans
Affairs issued this solicitation, a copy of
specifications, standards, and
commercial item descriptions cited in
this solicitation may be obtained from
VerDate Sep<11>2014
21:51 Aug 07, 2023
Jkt 259001
[Docket No. FAR–2023–0051, Sequence No.
4]
Final rule.
This document makes an
amendment to the Federal Acquisition
Regulation (FAR) in order to make
needed editorial changes.
SUMMARY:
DATES:
Effective: September 7, 2023.
Ms.
Lois Mandell, Regulatory Secretariat
Division (MVCB), at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FAC
2023–05, Technical Amendments.
FOR FURTHER INFORMATION CONTACT:
This
document makes an editorial change to
48 CFR part 52.
SUPPLEMENTARY INFORMATION:
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48 CFR Chapter 1
Sfmt 4700
Federal Acquisition Regulation;
Federal Acquisition Circular 2023–05;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide
(SECG).
AGENCY:
This document is issued
under the joint authority of DoD, GSA,
and NASA. This Small Entity
Compliance Guide has been prepared in
SUMMARY:
E:\FR\FM\08AUR5.SGM
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Agencies
[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Rules and Regulations]
[Pages 53754-53756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16660]
[[Page 53754]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 9, 11, 23, 52, and 53
[FAC 2023-05, FAR Case 2022-008, Item III; Docket No. 2022-0008,
Sequence No. 1]
RIN 9000-AO45
Federal Acquisition Regulation: Update to ASSIST Database
References
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to update contact information, web
addresses, and office titles associated with the DoD Acquisition
Streamlining and Standardization Information System and clarify the
authoritative source for a form.
DATES: Effective September 7, 2023.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, Procurement Analyst,
at 571-300-5917 or by email at [email protected], for clarification
of content. For information pertaining to status or publication
schedules, contact the Regulatory Secretariat Division at 202-501-4755
or [email protected]. Please cite FAC 2023-05, FAR Case 2022-008.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are amending the FAR to update the contact
information, web addresses, and office titles necessary to obtain
Federal and Defense specifications and standards from the DoD
Acquisition Streamlining and Standardization Information System
(ASSIST) website or, for Defense documents not available in ASSIST, the
Defense Standardization Program Office. This final rule also adds a
reference in part 53, Forms, to the American National Standards
Institute (ANSI) Z39.18, Scientific and Technical Reports--Preparation,
Presentation, and Preservation, with the prescription for the Standard
Form 298, Report Documentation Page.
DoD, GSA, and NASA published a final rule at 64 FR 72446, on
December 27, 1999, to provide guidance to offerors on how to obtain
Defense specifications and standards formerly listed in the DoD Index
of Specifications and Standards (DoDISS) from the ASSIST database or
from the DoD Single Stock Point (DoDSSP). DoD, GSA, and NASA published
additional revisions to this guidance at 71 FR 227, on January 3, 2006,
which replaced references to DoDISS with ASSIST and made several
updates associated with obtaining DoD specifications and standards via
internet, phone, and fax.
This final rule updates the web address where offerors may download
unclassified DoD specifications and standards from the ASSIST website,
as well as the program office name and the contact information where
offerors can obtain Defense specifications and standards that are not
available from the ASSIST website. The rule also removes obsolete
guidance for ordering specifications, standards, and/or product
descriptions by mail or in person via a physical address, fax, or
phone, as these methods of contact were replaced by a more immediate
method of access via the ASSIST database. Conforming changes are made
in the FAR provisions at 52.211-1, Availability of Specifications
Listed in the GSA Index of Federal Specifications, Standards and
Commercial Item Descriptions, FPMR Part 101-29; 52.211-2, Availability
of Specifications, Standards, and Data Item Descriptions Listed in the
Acquisition Streamlining and Standardization Information System
(ASSIST); and 52.212-1, Instructions to Offerors--Commercial Products
and Commercial Services.
Additionally, this rule adds a reference to ANSI Standard Z39.18
within the prescription for form SF 298 in part 53 to provide the
source document that requires the use of the form.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the FAR is 41 U.S.C.
1707. Subsection (a)(1) of 41 U.S.C. 1707 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 this rule only: updates the obsolete contact information and
methods for obtaining Defense specifications and standards and Federal
specifications, standards, and product descriptions; and identifies the
source document that requires the use of a standard form identified in
the FAR. This rule does not change the policy regarding or necessity
for obtaining such documents or using the form.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Products, Including Commercially
Available Off-the-Shelf (COTS) Items, and for Commercial Services
This rule does not create any new solicitation provisions or
contract clauses. This rule does amend the provisions at FAR 52.211-1,
52.211-2, and 52.212-1 to incorporate the updated directions to obtain
Federal and DoD documents, but does not impose any new requirements on
contracts at or below the SAT, for commercial products, including COTS
items, or for commercial services. The provision 52.212-1 continues to
apply to acquisitions at or below the SAT and to acquisitions for
commercial products, including COTS items, or for commercial services;
while the provisions 52.211-1 and 52.211-2 continue to apply to
acquisitions at or below the SAT, and not apply to acquisitions for
commercial products, including COTS items, or for commercial services.
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
The Congressional Review Act (5 U.S.C. 801-808) requires interim
and final rules to be submitted to Congress before the rule takes
effect. The Office of Information and Regulatory Affairs (OIRA) in the
Office of Management and
[[Page 53755]]
Budget has determined that this is not a major rule under 5 U.S.C. 804.
VI. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under 41
U.S.C. 1707(a)(1) (see section II. of this preamble), the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612) are
not applicable. Accordingly, no regulatory flexibility analysis is
required, and none has been prepared.
VII. Paperwork Reduction Act
This 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. 3501-3521).
List of Subjects in 48 CFR Parts 9, 11, 23, 52, and 53
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 9, 11, 23, 52, and
53 as set forth below:
0
1. The authority citation for 48 CFR parts 9, 11, 23, 52, and 53
continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C.
chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C.
20113.
PART 9--CONTRACTOR QUALIFICATIONS
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2. Amend section 9.203 by revising paragraphs (b), (c)(2), and (d) to
read as follows:
9.203 QPL's, QML's, and QBL's.
* * * * *
(b) Specifications requiring a qualified product are included--
(1) In the GSA Index of Federal Specifications, Standards and
Commercial Item Descriptions; and
(2) On the Department of Defense Acquisition Streamlining and
Standardization Information System (ASSIST) website at https://assist.dla.mil.
(c) * * *
(2) Department of Defense Manual 4120.24, Defense Standardization
Program (DSP) Procedures, (www.esd.whs.mil/Directives/Issuances/dodm)
as amended by Military Standards 961 and 962 (https://assist.dla.mil).
(d) The publications in paragraphs (b)(1) and (c)(1) of this
section may be obtained from the address in 11.201(d)(1).
PART 11--DESCRIBING AGENCY NEEDS
11.102 [Amended]
0
3. Amend section 11.102 by--
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a. Removing from the first sentence ``DoD 4120.24-M, Defense
Standardization Program Policies and Procedures'' and adding ``DoD
Manual 4120.24, Defense Standardization Program (DSP) Procedures'' in
its place; and
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b. Removing from the third sentence ``DoD 4120.24-M'' and ``see
11.201(d)(2) or (3)'' and adding ``DoD Manual 4120.24'' and ``https://www.esd.whs.mil/Directives/Issuances/dodm or see 11.201(d)(2) or (3)''
in their places, respectively.
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4. Amend section 11.201 by--
0
a. Removing from paragraph (a) introductory text ``the DoD Acquisition
Streamlining and Standardization Information System (ASSIST), or
other'' and adding ``available on the DoD Acquisition Streamlining and
Standardization Information System (ASSIST) website, or listed in
other'' in its place;
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b. Revising paragraphs (d)(1) through (3); and
0
c. Removing from paragraph (e) ``DoDSSP'' and adding ``the Defense
Standardization Program Office'' in its place.
The revisions read as follows:
11.201 Identification and availability of specifications.
* * * * *
(d) (1) The GSA Index of Federal Specifications, Standards and
Commercial Item Descriptions, FPMR Part 101-29, may be viewed at the
ASSIST website at https://assist.dla.mil.
(2) Most unclassified Defense specifications and standards may be
downloaded from the ASSIST website at https://assist.dla.mil.
(3) Defense documents not available from the ASSIST website may be
ordered from the Defense Standardization Program Office by--
(i) Using the ASSIST feedback module at https://assist.dla.mil/feedback; or
(ii) Contacting the Defense Standardization Program Office by
telephone at 571-767-6888 or email at [email protected].
* * * * *
11.202 [Amended]
0
5. Amend section 11.202 by--
0
a. Removing from paragraph (a) ``listed in the DoDISS'' and adding
``available at the ASSIST website'' in its place; and
0
b. Removing from paragraph (b) ``DoD 4120.24-M, Defense Standardization
Program Policies and Procedures'' and adding ``DoD Manual 4120.24,
Defense Standardization Program (DSP) Procedures'' in its place.
0
6. Amend section 11.204 by revising the section heading and paragraph
(b) to read as follows:
11.204 Solicitation provisions.
* * * * *
(b) The contracting officer shall insert the provision at 52.211-2,
Availability of Defense Specifications, Standards, and Data Item
Descriptions in the Acquisition Streamlining and Standardization
Information System (ASSIST) website, in solicitations that cite
specifications available in ASSIST that are not furnished with the
solicitation.
* * * * *
PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
23.704 [Amended]
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7. Amend section 23.704 by removing from paragraph (b)(1)(ii) ``Pub.
L.'' and ``(see 11.102)(c))'' and adding ``Public Law'' and ``(see
11.101(b))'' in their places, respectively.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
8. Revise section 52.211-1 to read as follows:
52.211-1 Availability of Specifications Listed in the GSA Index of
Federal Specifications, Standards and Commercial Item Descriptions,
FPMR Part 101-29.
As prescribed in 11.204(a), insert the following provision:
Availability of Specifications Listed in the GSA Index of Federal
Specifications, Standards and Commercial Item Descriptions, FPMR Part
101-29 (Sep 2023)
(a) The GSA Index of Federal Specifications, Standards and
Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal
specifications, standards, and product descriptions can be downloaded
from the ASSIST website at https://assist.dla.mil.
(b) If the General Services Administration, Department of
Agriculture, or Department of Veterans Affairs issued this
solicitation, a copy of
[[Page 53756]]
specifications, standards, and commercial item descriptions cited in
this solicitation may be obtained from the ASSIST website identified in
paragraph (a) of this provision.
(End of provision)
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9. Revise section 52.211-2 heading and text to read as follows:
52.211-2 Availability of Defense Specifications, Standards, and Data
Item Descriptions in the Acquisition Streamlining and Standardization
Information System (ASSIST) website.
As prescribed in 11.204(b), insert the following provision:
Availability of Defense Specifications, Standards, and Data Item
Descriptions in the Acquisition Streamlining and Standardization
Information System (ASSIST) Website (Sep 2023)
(a) Most unclassified Defense specifications and standards may be
downloaded from the ASSIST website at https://assist.dla.mil.
(b) Defense documents not available from ASSIST may be requested
from the Defense Standardization Program Office by--
(1) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or
(2) Contacting the Defense Standardization Program Office by
telephone at 571-767-6888 or email at [email protected].
(End of provision)
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10. Amend section 52.212-1 by revising the date of the provision and
paragraphs (i)(1), (2), and (3) to read as follows:
52.212-1 Instructions to Offerors--Commercial Products and Commercial
Services.
* * * * *
Instructions to Offerors--Commercial Products and Commercial Services
(Sep 2023)
* * * * *
(i) * * *
(1)(i) The GSA Index of Federal Specifications, Standards and
Commercial Item Descriptions, FPMR Part 101-29, and copies of Federal
specifications, standards, and product descriptions can be downloaded
from the ASSIST website at https://assist.dla.mil.
(ii) If the General Services Administration, Department of
Agriculture, or Department of Veterans Affairs issued this
solicitation, a copy of specifications, standards, and commercial item
descriptions cited in this solicitation may be obtained from the
address in paragraph (i)(1)(i) of this provision.
(2) Most unclassified Defense specifications and standards may be
downloaded from the ASSIST website at https://assist.dla.mil.
(3) Defense documents not available from the ASSIST website may be
requested from the Defense Standardization Program Office by--
(i) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or
(ii) Contacting the Defense Standardization Program Office by
telephone at 571-767-6688 or email at [email protected].
* * * * *
PART 53--FORMS
53.235 [Amended]
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11. Amend section 53.235 by removing ``35.010'' and adding ``35.010 and
ANSI Standard Z39.18'' in its place.
[FR Doc. 2023-16660 Filed 8-7-23; 8:45 am]
BILLING CODE 6820-EP-P