[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Rules and Regulations]
[Page 44830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21502]



[[Page 44830]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 39 and 52

[FAC 97-01; FAR Case 96-607; Item XVII]
RIN 9000-AG90


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 adopted as final with changes.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed to adopt as final, with 
changes, the interim rule published as Item XIV of Federal Acquisition 
Circular 90-45. The rule amends the Federal Acquisition Regulation 
(FAR) 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 October 21, 1997.

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 97-01, FAR case 96-607.

SUPPLEMENTARY INFORMATION:

A. Background

    An interim rule was published on January 2, 1997 (61 FR 273). The 
interim rule is converted to a final rule with revisions. Revisions 
were made to the definition, ``Year 2000 compliant'', at FAR 39.002 to 
better convey the intent of the definition.
    Twenty comments from five respondents were received during the 
public comment period. All comments were considered in the development 
of the final rule.
    The final rule will provide needed coverage to ensure that 
information technology products to be acquired and used by Federal 
agencies after December 31, 1999, will be able to process date related 
data into the next century. Solicitations and contracts should 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. If proper date/time data is 
provided, the Year 2000 compliant information technology must be able 
to process the data accurately. If it cannot process proper date/time 
data accurately, its failure will not be excused because of the 
noncompliance of another information technology product. Agencies are 
expected to test for Year 2000 compliance. However, lack of testing 
does not excuse failure of the information technology to be Year 2000 
compliant.

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 this rule merely 
provides internal Government guidance regarding the development of 
contract requirements for the acquisition of information technology.

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 39 and 52

    Government procurement.

    Dated: August 7, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

Interim Rule Adopted as Final With Changes

    Accordingly, the interim rule amending 48 CFR Parts 39 and 52, 
which was published at 61 FR 273, January 2, 1997, is hereby adopted as 
final with the following change:

PART 39--ACQUISITION OF INFORMATION TECHNOLOGY

    1. The authority citation for 48 CFR Part 39 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 revising the definition of ``Year 
2000 compliant'' to read as follows:


39.002  Definitions.

* * * * *
    Year 2000 compliant, as used in this part, means, with respect to 
information technology, that the information technology 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, to the extent that other information technology, used in 
combination with the information technology being acquired, properly 
exchanges date/time data with it.

[FR Doc. 97-21502 Filed 8-21-97; 8:45 am]
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