34062 Federal Register / Vol. 63, No. 119 / Monday, June 22, 1998 /Rules and Regulations

(f)(2) If the Contractor has an approved

purchasing system and consent is not

required under paragraph (c), (d), or (e) of

this clause, the Contractor nevertheless shall

notify the Contracting Officer reasonably in

advance of entering into any (i) cost-plusfixed-fee subcontract, or (ii) fixed-price

subcontract that exceeds the greater of the

simplified acquisition threshold or 5 percent

of the total estimated cost of this contract.

The notification shall include the

information required by paragraphs (f)(1)(i)

through (f)(1)(iv) of this clause.

Alternate II (Aug 1998). As prescribed in

44.204(a)(2)(ii), substitute the following

paragraph (f)(2) for paragraph (f)(2) of the

basic clause:

(f)(2) If the Contractor has an approved

purchasing system and consent is not

required under paragraph (c), (d), or (e) of

this clause, the Contractor nevertheless shall

notify the Contracting Officer reasonably in

advance of entering into any (i) cost-plusfixed-fee subcontract, or (ii) fixed-price

subcontract that exceeds either the simplified

acquisition threshold or 5 percent of the total

estimated cost of this contract. The

notification shall include the information

required by paragraphs (f)(1)(i) through

(f)(1)(iv) of this clause.

52.244–3 [Removed and reserved]

16. Section 52.244–3 is removed and

reserved.

17. Section 52.244–4 is amended by

revising the section heading,

introductory paragraph, and clause

heading and date to read as follows:

52.244–4 Subcontractors and outside

associates and consultants (Architectengineer services).

As prescribed in 44.204(b), insert the

following clause:

SUBCONTRACTORS AND OUTSIDE

ASSOCIATES AND CONSULTANTS

(ARCHITECT-ENGINEER SERVICES) (AUG

1998)

* * * * *

(End of clause)

52.244–5 [Amended]

18. Section 52.244–5 is amended in

the introductory paragraph by revising

‘‘44.204(e)’’ to read ‘‘44.204(c)’’.

[FR Doc. 98–16112 Filed 6–19–98; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 9, 11, and 52

[FAC 97–05; FAR Case 97–034; Item II]

RIN 9000–AI00

Federal Acquisition Regulation;

Availability of Specifications

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed on a final rule amending the

Federal Acquisition Regulation (FAR) to

update information regarding the

availability of specifications, standards,

and item descriptions cited in

Government solicitations and contracts.

This regulatory action was not subject to

Office of Management and Budget

review under Executive Order 12866,

dated September 30, 1993, and is not a

major rule under 5 U.S.C. 804.

EFFECTIVE DATE: August 21, 1998.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405, (202)

501–4755, for information pertaining to

status or publication schedules. For

clarification of content, contact Mr.

Ralph DeStefano, Procurement Analyst,

at (202) 501–1758. Please cite FAC 97–

05, FAR case 97–034.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends FAR Parts 9

and 11 and the provisions at 52.211–1,

52.211–2, and 52.212–1 to update

information regarding the availability of

specifications, standards, and item

descriptions that may be cited in

Government solicitations and contracts.

New organization names, addresses, and

telephone numbers, and a new method

of obtaining information on the World

Wide Web have been added. In

addition, the rule clarifies the pricing

policy regarding specifications,

standards, and commercial item

descriptions issued by GSA.

B. Regulatory Flexibility Act

The final rule does not constitute a

significant FAR revision within the

meaning of FAR 1.501 and Pub. L. 98–

577, and publication for public

comments is not required. However,

comments from small entities

concerning the affected FAR subparts

will be considered in accordance with 5

U.S.C. 610. Such comments must be

submitted separately and should cite 5

U.S.C. 601, et seq. (FAC 97–05, FAR

case 97–034), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose recordkeeping or

information collection requirements, or

collections of information from offerors,

contractors, or members of the public

which require the approval of the Office

of Management and Budget under 44

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 9, 11,

and 52

Government procurement.

Dated: June 11, 1998.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Parts 9, 11, and 52

are amended as set forth below:

1. The authority citation for 48 CFR

Parts 9, 11, and 52 continues to read as

follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

PART 9—CONTRACTOR

QUALIFICATIONS

2. Section 9.203 is amended by

revising paragraphs (c)(1) and (d) to read

as follows:

9.203 QPL’s, QML’s, and QBL’s.

* * * * *

(c) * * *

(1) Federal Standardization Manual,

FSPM–0001.

* * * * *

(d) The publications listed in

paragraphs (b) and (c) of this section are

sold to the public. The publications in

paragraphs (b)(1) and (c)(1) of this

section may be obtained from the

addressee in 11.201(d)(1). The

publications in paragraphs (b)(2) and

(c)(2) of this section may be obtained

from the addressee in 11.201(d)(2).

PART 11—DESCRIBING AGENCY

NEEDS

3. Section 11.102 is revised to read as

follows:

11.102 Standardization program.

Agencies shall select existing

requirements documents or develop

new requirements documents that meet

the needs of the agency in accordance
Federal Register / Vol. 63, No. 119 / Monday, June 22, 1998 /Rules and Regulations 34063

with the guidance contained in the

Federal Standardization Manual,

FSPM–0001, and, for DoD components,

DoD 4120.3–M, Defense Standardization

Program Policies and Procedures. The

Federal Standardization Manual may be

obtained from the General Services

Administration (see address in

11.201(d)(1)). DoD 4120.3–M may be

obtained from DoD (see address in

11.201(d)(2)).

4. Section 11.201 is amended by

revising paragraph (d) and the first

sentence of paragraph (e) to 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 purchased from

the—General Services Administration,

Federal Supply Service, Specifications

Section, Suite 8100, 470 East L’Enfant

Plaza, SW, Washington, DC 20407,

Telephone (202) 619–8925.

(2) The DoDISS may be purchased

from the—Department of Defense Single

Stock Point (DoDSSP), Building 4,

Section D, 700 Robbins Avenue,

Philadelphia, PA 19111–5094,

Telephone (215) 697–2667/2179.

(e) Agencies may generally obtain

from the GSA Specifications Section or

DoDSSP those nongovernment

(voluntary) standards adopted for use by

Federal or Defense activities. * * *

5. Section 11.204 is amended by

revising paragraphs (a) and (b) to read

as follows:

11.204 Solicitation provisions and

contract clauses.

(a) The contracting officer shall insert

the provision at 52.211–1, Availability

of Specifications Listed in the GSA

Index of Federal Specifications,

Standards and Commercial Item

Descriptions, FPMR Part 101–29, in

solicitations that cite specifications

listed in the Index that are not furnished

with the solicitation.

(b) The contracting officer shall insert

the provision at 52.211–2, Availability

of Specifications Listed in the DoD

Index of Specifications and Standards

(DoDISS) and Descriptions Listed in the

Acquisition Management Systems and

Data Requirements Control List, DoD

5010.12–L, in solicitations that cite

specifications listed in the DoDISS or

DoD 5010.12–L that are not furnished

with the solicitation.

* * * * *

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

6. Sections 52.211–1 and 52.211–2 are

revised 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 (AUG 1998)

(a) The GSA Index of Federal

Specifications, Standards and Commercial

Item Descriptions, FPMR Part 101–29, and

copies of specifications, standards, and

commercial item descriptions cited in this

solicitation may be obtained for a fee by

submitting a request to—GSA Federal Supply

Service, Specifications Section, Suite 8100,

470 East L’Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619–8925, Facsimile

(202) 619–8978.

(b) If the General Services Administration,

Department of Agriculture, or Department of

Veterans Affairs issued this solicitation, a

single copy of specifications, standards, and

commercial item descriptions cited in this

solicitation may be obtained free of charge by

submitting a request to the addressee in

paragraph (a) of this provision. Additional

copies will be issued for a fee.

(End of provision)

52.211–2 Availability of Specifications

Listed in the DoD Index of Specifications

and Standards (DoDISS) and Descriptions

Listed in the Acquisition Management

Systems and Data Requirements Control

List, DoD 5010.12–L.

As prescribed in 11.204(b), insert the

following provision:

AVAILABILITY OF SPECIFICATIONS

LISTED IN THE DOD INDEX OF

SPECIFICATIONS AND STANDARDS

(DODISS) AND DESCRIPTIONS LISTED IN

THE ACQUISITION MANAGEMENT

SYSTEMS AND DATA REQUIREMENTS

CONTROL LIST, DOD 5010.12–L (AUG

1998)

(a) Copies of specifications, standards, and

data item descriptions cited in this

solicitation may be obtained for a fee by

submitting a request to the—Department of

Defense Single Stock Point (DoDSSP),

Building 4, Section D, 700 Robbins Avenue,

Philadelphia, PA 19111–5094, Telephone

(215) 697–2667/2179, Facsimile (215) 697–

1462.

(b) Order forms, pricing information, and

customer support information may be

obtained—

(1) By telephone at (215) 697–2667/2179;

or

(2) Through the DoDSSP Internet site at

http://www.dodssp.daps.mil.

(End of provision)

7. Section 52.212–1 is amended by

revising the date of the provision and

paragraph (i) to read as follows:

52.212–1 Instructions to Offerors—

Commercial Items.

* * * * *

INSTRUCTIONS TO OFFERORS—

COMMERCIAL ITEMS (AUG 1998)

* * * * *

(i) Availability of requirements documents

cited in the solicitation. (1)(i) The GSA Index

of Federal Specifications, Standards and

Commercial Item Descriptions, FPMR Part

101–29, and copies of specifications,

standards, and commercial item descriptions

cited in this solicitation may be obtained for

a fee by submitting a request to—GSA

Federal Supply Service Specifications

Section, Suite 8100, 470 East L’Enfant Plaza,

SW, Washington, DC 20407, Telephone (202)

619–8925, Facsimile (202) 619–8978.

(ii) If the General Services Administration,

Department of Agriculture, or Department of

Veterans Affairs issued this solicitation, a

single copy of specifications, standards, and

commercial item descriptions cited in this

solicitation may be obtained free of charge by

submitting a request to the addressee in

paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) The DoD Index of Specifications and

Standards (DoDISS) and documents listed in

it may be obtained from the—Department of

Defense Single Stock Point (DoDSSP),

Building 4, Section D, 700 Robbins Avenue,

Philadelphia, PA 19111–5094, Telephone

(215) 697–2667/2179, Facsimile (215) 697–

1462.

(i) Automatic distribution may be obtained

on a subscription basis.

(ii) Order forms, pricing information, and

customer support information may be

obtained—

(A) By telephone at (215) 697–2667/2179;

or

(B) Through the DoDSSP Internet site at

http://www.dodssp.daps.mil.

(3) Nongovernment (voluntary) standards

must be obtained from the organization

responsible for their preparation, publication,

or maintenance.

* * * * *

(End of provision)

[FR Doc. 98–16113 Filed 6–19–98; 8:45 am]

BILLING CODE 6820–EP–P