[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Rules and Regulations]
[Pages 32747-32748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15151]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 39

[FAC 97-12; FAR Case 98-306; Item VI]
RIN 9000-AI37


Federal Acquisition Regulation; Restrictions on the Acquisition 
of Information Technology

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 (the Councils) have agreed on a final 
rule amending the Federal Acquisition Regulation (FAR) to implement 
Division A, Section 101(h), Title VI, section 622 of the Omnibus 
Appropriations and Authorization Act for Fiscal Year 1999.

EFFECTIVE DATE: June 17, 1999.

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 97-12, FAR case 98-306.

SUPPLEMENTARY INFORMATION:

A. Background

    Division A, Section 101(h), Title VI, Section 622 of the Omnibus 
Appropriations and Authorization Act for Fiscal Year 1999 (Pub. L. 105-
277) was effective upon its enactment on October 21, 1998. Section 622 
provides that agencies may not use appropriated funds to acquire 
information technology that does not comply with FAR 39.106, unless the 
agency's Chief Information Officer (CIO) determines that noncompliance 
with 39.106 is necessary to the function and operation of the agency or 
the acquisition is required by a contract in effect before October 21, 
1998. The CIO must send to the Office of Management and Budget any 
waivers granted.
    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.

B. Regulatory Flexibility Act

    The final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Pub. L. 98-577, and publication for 
public comments is not required. However, the Councils will consider 
comments from small entities concerning the affected FAR subpart in 
accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 601, et seq. (FAC 97-12, 
FAR case 98-306), 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.

List of Subjects in 48 CFR Part 39

    Government procurement.

    Dated: June 9, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, DoD, GSA, and NASA amend 48 CFR part 39 as set forth 
below:

[[Page 32748]]

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. Amend section 39.101 by designating the existing paragraph as 
``(b)'', and adding paragraph (a) to read as follows:


39.101  Policy.

    (a) Division A, Section 101(h), Title VI, Section 622 of the 
Omnibus Appropriations and Authorization Act for Fiscal Year 1999 (Pub. 
L. 105-277) requires that agencies may not use appropriated funds to 
acquire information technology that does not comply with 39.106, unless 
the agency's Chief Information Officer determines that noncompliance 
with 39.106 is necessary to the function and operation of the agency or 
the acquisition is required by a contract in effect before October 21, 
1998. The Chief Information Officer must send to the Office of 
Management and Budget a copy of all waivers for forwarding to Congress.
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[FR Doc. 99-15151 Filed 6-16-99; 8:45 am]
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