[Federal Register: July 24, 2003 (Volume 68, Number 142)]
[Rules and Regulations]
[Page 43872-43873]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jy03-25]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 39
[FAC 2001-15; FAR Case 2002-012; Item VII]
RIN 9000-AJ53
Federal Acquisition Regulation; Section 508 Micropurchase
Exception Sunset Provision
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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[[Page 43873]]
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to convert this FAR
case from an interim rule to a final rule without change. The final
rule amends the FAR to extend the Electronic and Information Technology
(section 508) micropurchase exception to October 1, 2004.
DATES: Effective Date: July 24, 2003.
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, or Ms. Angelena Moy, Case Manager, at (703) 602-1302. The TTY
Federal relay number for further information is 1-800-877-8973. Please
cite FAC 2001-15, FAR case 2002-012.
SUPPLEMENTARY INFORMATION:
A. Background
DoD, GSA, and NASA published an interim rule in the Federal
Register at 67 FR 80321, December 31, 2002, that amended FAR 39.204(a)
to extend the Electronic and Information Technology (EIT) micropurchase
exception until October 1, 2004.
The 60-day comment period for the interim rule ended March 3, 2003.
Public comments were received from four commenters. One commenter
submitted comments that are not relevant and outside the scope of the
rule. Another commenter, the American Foundation for the Blind (AFB),
believes that the Government is not doing enough to resolve the small
purchase problem so that an exception is not needed. The AFB also
believes that the Government should create tools with questions and
measurements for the Federal purchaser to utilize in determining
accessibility.
The remaining two commenters fully support the rule. They also
submitted their views on labeling products for micropurchases made
using the Government purchase card, and one of the commenter also
addressed how it accomplished its internal 508 training. Summaries of
these views follow:
1. Suggested that many firms in the information technology industry
are unwilling to make blanket statements on a product label regarding
section 508 because interpretations of the standards and product
information may vary, exposing companies to litigation under the False
Claims Act.
2. Stated that creating a label that would provide sufficient
information to Federal buyers would be difficult and expensive.
3. Stated that the majority of the Governmentwide purchase card
purchases are generally made using the Internet or by phone, and it is
unlikely that the Government buyer would see the label until after the
purchase.
4. Recommended that, as an alternative to labeling, the Government
purchaser use the Voluntary Product Accessibility Template (VPAT) as a
tool in making an informed decision regarding accessibility.
5. Suggested that the VPAT assists the Government in meeting the
Acquisition Planning and Market Research requirements established in
FAR parts 7 and 10, respectively.
6. One commenter described their intensive efforts to train their
sales forces to assist purchasers in making their accessibility
determinations and to put in place systems that ensure engineers
include accessibility as a key design requirement.
The above views will be considered before the Government formulates
its next step regarding acquisition of electronic and information
technology products and services under micropurchase procedures.
We applaud industry's efforts to build accessibility features into
their products and their participation in making information about
product features available by completing the VPAT. We encourage
industry to continue to work toward a solution that will assist the
Government purchase cardholder, who may have little technical knowledge
regarding section 508, in purchasing products and services that meet
the applicable accessibility standards.
The Federal Government is in continual collaboration with the
Accessibility Forum to focus on long-term solutions that will assist
the Government in making informed decisions about section 508-related
procurements. We are hopeful that a solution can be found that will be
agreeable to both industry and the Government.
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 Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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 for purchases under
$2,500 (a ``micropurchase''), no competitive quotations have to be
obtained and micropurchases are no longer reserved exclusively for
small firms.
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: July 16, 2003.
Laura Auletta,
Director, Acquisition Policy Division.
Interim Rule Adopted as Final Without Change
0
Accordingly, DoD, GSA, and NASA adopt the interim rule amending 48 CFR
part 39, which was published in the Federal Register at 67 FR 80321,
December 31, 2002, as a final rule without change.
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
[FR Doc. 03-18539 Filed 7-23-03; 8:45 am]