[Federal Register Volume 66, Number 85 (Wednesday, May 2, 2001)]
[Rules and Regulations]
[Pages 22084-22085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11009]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 39
[FAC 97-25; FAR Case 2000-609; Item II]
RIN 9000-AJ11
Federal Acquisition Regulation; Contractor Personnel in the
Procurement of Information Technology Services
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on an interim
rule amending the Federal Acquisition Regulation (FAR) to implement
Section 813 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001. The Act requires that the FAR be amended to
address the use, in the procurement of information technology services,
of requirements regarding the experience and education of contractor
personnel.
DATES: Effective Date: May 2, 2001.
Comment Date: Interested parties should submit comments to the FAR
Secretariat at the address shown below on or before July 2, 2001 to be
considered in the formulation of a final rule.
ADDRESSES: Submit written comments to: General Services Administration,
FAR Secretariat (MVP), 1800 F Street, NW., Room 4035, Attn: Ms. Laurie
Duarte, Washington, DC 20405.
Submit electronic comments via the Internet to: [email protected].
Please submit comments only and cite FAC 97-25, FAR case 2000-609
in all correspondence related to this case.
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 Ms. Linda Nelson, Procurement Analyst, at (202) 501-
1900. Please cite FAC 97-25, FAR case 2000-609.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule amends the FAR to implement Section 813 of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(Public Law 106-398). The Act prohibits the use of minimum experience
or education requirements for contractor personnel in solicitations for
the acquisition of information technology services, unless--
1. The contracting officer first determines that the needs of the
agency cannot be met without such requirement; or
2. The needs of the agency require the use of a type of contract
other than a performance-based contract.
This interim rule implements the Act by adding a new section to
Subpart 39.1 to implement Section 813 of the Act.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The changes may have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., because it will make it easier
for them to hire employees to work on information technology service
contracts, as well as increase their business opportunities in
obtaining Government contracts. Therefore, we have prepared an Initial
Regulatory Flexibility Analysis that is summarized as follows:
The interim rule amends FAR Part 39 to implement Section 813 of
the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (Public Law 106-398). The Act requires that the Federal
Acquisition Regulation be revised to address the use, in the
procurement of information technology services, of requirements
regarding the experience and education of contractor personnel. The
rule prohibits the use of minimum experience or education
requirements for contractor personnel in solicitations for the
acquisition of information technology services, unless the
contracting officer first determines the needs of the agency cannot
be met without that requirement; or the needs of the agency require
the use of a type of contract other than a performance-based
contract. The interim rule will apply to all large and small
entities that seek award of Federal information service contracts.
The rule should have a positive economic impact on small businesses
because it will make it easier for them to hire employees to work on
information technology service contracts, as well as increase their
business opportunities in obtaining Federal contracts.
The FAR Secretariat has submitted a copy of the IRFA to the Chief
Counsel for Advocacy of the Small Business Administration. Interested
parties may obtain a copy from the FAR Secretariat. The Councils will
consider comments from small entities concerning the affected FAR Part
39 in accordance with 5 U.S.C. 610. Submit such comments separately and
cite 5 U.S.C. 601, et seq. (FAC 97-25, FAR case 2000-609), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary in order to implement section 813 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (Public Law
106-398). The Act requires that the FAR be amended within 180 days of
enactment; enactment was on October 30, 2000. However, pursuant to
Public Law 98-577 and FAR 1.501, the Councils will consider public
comments received in response to this interim rule in the formation of
the final rule.
List of Subjects in 48 CFR Part 39
Government procurement.
Dated: April 27, 2001.
Al Matera,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA amend 48 CFR part 39 as set forth
below:
PART 39--ACQUISITION OF INFORMATION TECHNOLOGY
1. The authority citation for 48 CFR part 39 continues to read as
follows:
[[Page 22085]]
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Add Sec. 39.104 to read as follows:
39.104 Information technology services.
When acquiring information technology services, solicitations must
not describe any minimum experience or educational requirement for
proposed contractor personnel unless the contracting officer determines
that the needs of the agency--
(a) Cannot be met without that requirement; or
(b) Require the use of other than a performance-based contract (see
subpart 37.6).
[FR Doc. 01-11009 Filed 5-1-01; 8:45 am]
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