[Federal Register Volume 66, Number 85 (Wednesday, May 2, 2001)]
[Rules and Regulations]
[Pages 22081-22082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11007]

[[Page 22081]]


Part III

Department of Defense

General Services Administration

National Aeronautics and Space Administration


48 CFR Chapter 1, et al.

Federal Acquisition Regulations; Interim Rules

Federal Register / Vol. 66, No. 85 / Wednesday, May 2, 2001 / Rules 
and Regulations

[[Page 22082]]





48 CFR Chapter 1

Federal Acquisition Circular 97-25; Introduction

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of interim rules.


SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council in this Federal Acquisition 
Circular (FAC) 97-25. A companion document, the Small Entity Compliance 
Guide (SECG), follows this FAC. The FAC, including the SECG, is 
available via the Internet at http://www.arnet.gov/far.

DATES: For effective dates and comment dates, see separate documents 
which follow.

Building, Washington, DC 20405, (202) 501-4755, for information 
pertaining to status or publication schedules. For clarification of 
content, contact the analyst whose name appears in the table below in 
relation to each FAR case or subject area. Please cite FAC 97-25 and 
specific FAR case number(s). Interested parties may also visit our 
website at http://www.arnet.gov/far.

                 Item                              Subject                FAR case              Analyst
I.....................................  Preference for Performance-          2000-307  Wise.
                                         Based Contracting.
II....................................  Contractor Personnel in the          2000-609  Nelson.
                                         Procurement of Information
                                         Technology Services.

SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments to these FAR cases, refer to the 
specific item number and subject set forth in the documents following 
these item summaries.
    Federal Acquisition Circular 97-25 amends the FAR as specified 

ITEM I--Preference for Performance-Based Contracting (FAR Case 

    This interim rule amends FAR 2.101, Definitions, and 37.102, 
Policy, to implement Section 821 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398). 
The rule affects contracting officers that buy services by explicitly 
establishing a preference for performance-based contracts or task 

Item II--Contractor Personnel in the Procurement of Information 
Technology Services (FAR Case 2000-609)

    This interim rule adds FAR 39.104 to implement Section 813 of the 
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 
(Public Law 106-398). Section 813 prohibits the use of minimum 
experience or education requirements for contractor personnel in 
solicitations for the acquisition of information technology services, 
    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.

    Dated: April 27, 2001.
Al Matera,
Director, Acquisition Policy Division.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 97-25 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administration for the National Aeronautics and 
Space Administration.
    All Federal Acquisition Regulation (FAR) changes and other 
directive materal contained in FAC 97-25 are effective May 2, 2001.

    April 5, 2001.

David A. Drabkin,
Deputy Associate Administrator, Office of Acquisition Policy, 
General Services Administration.

    Dated: April 25, 2001.

Deidre A. Lee,
Director, Defense Procurement.

    April 6, 2001.

Tom Luedtke,
Associate Administrator for Procurement, National Aereonautics and 
Space Administration.

[FR Doc. 01-11007 Filed 5-1-01; 8:45 am]