[Federal Register: December 18, 2001 (Volume 66, Number 243)]
[Rules and Regulations]
[Page 65371-65372]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de01-21]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 39
[FAC 2001-02; FAR Case 2000-609; Item IX]
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: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed to adopt as
final, without change, the interim rule published as Item II of Federal
Acquisition Circular 97-25 published in the Federal Register on May 2,
2001. The rule amends the Federal Acquisition Regulation (FAR) to
implement Section 813 of the Floyd D. Spence National Defense
Authorization Act for fiscal year 2001 (Pub. L. 106-398). 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: December 18, 2001.
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 2001-02, FAR case 2000-609.
SUPPLEMENTARY INFORMATION:
A. Background
DoD, GSA, and NASA published an interim rule in the Federal
Register at 66 FR 22084, May 2, 2001, adding a new subsection to
Subpart 39.1 to implement Section 813 of the Floyd D. Spence National
Defense Authorization Act for fiscal year 2001 (Pub. L. 106-398).
Section 813 prohibits the use of minimum experience or education
requirements for contractor personnel in solicitations for the
acquisition of
[[Page 65372]]
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.
Public comments were received from two sources. The comments were
considered in developing the final rule. The interim rule is converted
to a final rule without change.
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 Regulatory Flexibility Act, 5 U.S.C. 601, et seq., applies to
this final rule. The Councils prepared a Final Regulatory Flexibility
Analysis (FRFA) and it is summarized as follows
This rule amends Part 39 of the Federal Acquisition Regulation
to implement Section 813 of the Floyd D. Spence National Defense
Authorization Act for fiscal year 2001 (Pub. L. 106-398). The
objective of this rule is to revise the FAR to address the use of
requirements regarding the experience and education of contractor
personnel when acquiring information technology services. 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 rule will apply to all large and small entities that seek
award of Federal information service contracts. In fiscal year 2000,
we estimated that Federal agencies awarded approximately 14,578
contracts totaling approximately $3.4 billion to small entities for
information technology services. 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.
Interested parties may obtain a copy of the FRFA from the FAR
Secretariat. The FAR Secretariat has submitted a copy of the FRFA to
the Chief Counsel for Advocacy of the Small Business Administration.
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.
List of Subjects in 48 CFR Part 39
Government procurement.
Dated: December 5, 2001.
Al Matera,
Director, Acquisition Policy Division.
Interim Rule Adopted as Final Without Change
Accordingly, DoD, GSA, and NASA adopt the interim rule amending 48
CFR part 39, which was published in the Federal Register on May 2, 2001
(66 FR 22084), as a final rule without change.
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and42 U.S.C.
2473(c).
[FR Doc. 01-30546 Filed 12-17-01; 8:45 am]
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