[Federal Register Volume 62, Number 1 (Thursday, January 2, 1997)]
[Rules and Regulations]
[Pages 273-274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33218]


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DEPARTMENT OF DEFENSE
48 CFR Parts 39 and 52

[FAC 90-45; FAR Case 96-607; Item XIV]
RIN 9000-AH51


Federal Acquisition Regulation; Year 2000 Compliance

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 are amending the FAR on an interim 
basis to increase awareness of Year 2000 procurement issues and to 
ensure that solicitations and contracts address Year 2000 issues. 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.

DATES: Effective Date: January 1, 1997. Comment Date: Comments should 
be submitted to the FAR Secretariat at the address shown below on or 
before March 3, 1997 to be considered in the formulation of a final 
rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (MVR), 18th & F 
Streets, NW, Room 4035, Attn: Ms. Beverly Fayson, Washington, DC 20405. 
Please cite FAC 90-45, FAR case 96-607 in all correspondence related to 
this case.

FOR FURTHER INFORMATION CONTACT: Mr. Jack O'Neill, at (202) 501-3856 in 
reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4035, GS Building, Washington, DC 20405, (202) 501-
4755. Please cite FAC 90-45, FAR case 96-607.

SUPPLEMENTARY INFORMATION:

A. Background

    Many information technology systems will have operational 
difficulties due to the use of two-digit years in date representations. 
While commonly thought to be a problem of old legacy systems, it can 
also be a problem in information technology services and products that 
are for sale today.
    At the recommendation of the Chief Information Officers Council and 
the interagency working group on the year 2000, the Federal Government 
intends to only acquire products that will work in the year 2000. This 
interim rule is intended to assist in the implementation of that 
intent. It provides a uniform approach and definition for addressing 
the year 2000 problem in the many, unique information technology 
acquisitions that will occur between now and the year 2000.
    The rule defines the term ``year 2000 compliant.'' It also requires 
that agencies assure that when acquiring information technology which 
will be required to perform date/time processing involving dates 
subsequent to December 31, 1999, the solicitations and contracts either 
require year 2000 compliant technology, or require that non-compliant 
information technology be upgraded to be compliant in a timely manner. 
The rule also recommends that agency solicitations describe existing 
information technology that will be used with the information 
technology to be acquired and identify whether the existing information 
technology is Year 2000 compliant.
    Additional information about the year 2000 problem and the 
activities of the interagency working group on the year 2000 can be 
found on the group's home page located at URL http://
www.itpolicy.gsa.gov.

B. Regulatory Flexibility Act

    The interim rule is not expected to 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 the rule 
primarily pertains to internal Government acquisition planning guidance 
regarding the acquisition of major systems of information technology. 
An Initial Regulatory Flexibility Analysis has, therefore, not been 
performed. Comments are invited from small businesses and other 
interested parties. Comments from small entities concerning the 
affected FAR part also will be considered in accordance with 5 U.S.C. 
610. Such comments must be submitted separately and should cite FAR 
case 96-607 in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this interim 
rule does 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.

D. Determination to Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense, the Administrator of General Services (GSA), and the 
Administrator

[[Page 274]]

of the National Aeronautics and Space Administration that urgent and 
compelling reasons exist to promulgate this interim rule without prior 
opportunity for public comment. This action is necessary to ensure that 
Federal agencies do not procure non-compliant information technology 
products that would otherwise require premature replacement or costly 
repairs to make them Year 2000 compliant before December 31, 1999. 
However, pursuant to Public Law 98-577 and FAR 1.501, public comments 
received in response to this interim rule will be considered in the 
formation of the final rule.

List of Subjects in 48 CFR Parts 39 and 52

    Government procurement.

    Dated: December 24, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
    Therefore, 48 CFR Parts 39 and 52 are amended as set forth below:

PART 39--ACQUISITION OF INFORMATION TECHNOLOGY

    1. The authority citation for 48 CFR Parts 39 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).

    2. Section 39.002 is amended by adding, in alphabetical order, the 
definition ``Year 2000 compliant'' to read as follows:


39.002  Definitions.

* * * * *
    Year 2000 compliant means information technology that accurately 
processes date/time data (including, but not limited to, calculating, 
comparing, and sequencing) from, into, and between the twentieth and 
twenty-first centuries, and the years 1999 and 2000 and leap year 
calculations. Furthermore, Year 2000 compliant information technology, 
when used in combination with other information technology, shall 
accurately process date/time data if the other information technology 
properly exchanges date/time data with it.


39.106  [Redesignated as 39.107]

    3. Section 39.106 is redesignated as 39.107, and a new section 
39.106 is added to read as follows:


39.106  Year 2000 compliance.

    When acquiring information technology that will be required to 
perform date/time processing involving dates subsequent to December 31, 
1999, agencies shall ensure that solicitations and contracts--
    (a)(1) Require the information technology to be Year 2000 
compliant; or
    (2) Require that non-compliant information technology be upgraded 
to be Year 2000 compliant prior to the earlier of
    (i) the earliest date on which the information technology may be 
required to perform date/time processing involving dates later than 
December 31, 1999, or
    (ii) December 31, 1999; and
    (b) As appropriate, describe existing information technology that 
will be used with the information technology to be acquired and 
identify whether the existing information technology is Year 2000 
compliant.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.239-1   [Amended]

    4. Section 52.239-1 is amended in the introductory text by revising 
``39.106'' to read ``39.107''.
[FR Doc. 96-33218 Filed 12-31-96; 8:45 am]
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