[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]]

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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.

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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

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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

0
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--
0
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
0
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.

0
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;
0
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]

0
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)

0
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)

0
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]

0
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