[Federal Register Volume 66, Number 243 (Tuesday, December 18, 2001)]
[Rules and Regulations]
[Pages 65371-65372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30546]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 39

[FAC 2001-02; FAR Case 2000-609; Item IX]
RIN 9000-AJ11


Federal Acquisition Regulation; Contractor Personnel in the 
Procurement of Information Technology Services

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 (Councils) have agreed to adopt as 
final, without change, the interim rule published as Item II of Federal 
Acquisition Circular 97-25 published in the Federal Register on May 2, 
2001. The rule amends the Federal Acquisition Regulation (FAR) to 
implement Section 813 of the Floyd D. Spence National Defense 
Authorization Act for fiscal year 2001 (Pub. L. 106-398). The Act 
requires that the FAR be amended to address the use, in the procurement 
of information technology services, of requirements regarding the 
experience and education of contractor personnel.

DATES: Effective Date: December 18, 2001.

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 2001-02, FAR case 2000-609.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 66 FR 22084, May 2, 2001, adding a new subsection to 
Subpart 39.1 to implement Section 813 of the Floyd D. Spence National 
Defense Authorization Act for fiscal year 2001 (Pub. L. 106-398). 
Section 813 prohibits the use of minimum experience or education 
requirements for contractor personnel in solicitations for the 
acquisition of

[[Page 65372]]

information technology services, unless--
    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.
    Public comments were received from two sources. The comments were 
considered in developing the final rule. The interim rule is converted 
to a final rule without change.
    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 Regulatory Flexibility Act, 5 U.S.C. 601, et seq., applies to 
this final rule. The Councils prepared a Final Regulatory Flexibility 
Analysis (FRFA) and it is summarized as follows

    This rule amends Part 39 of the Federal Acquisition Regulation 
to implement Section 813 of the Floyd D. Spence National Defense 
Authorization Act for fiscal year 2001 (Pub. L. 106-398). The 
objective of this rule is to revise the FAR to address the use of 
requirements regarding the experience and education of contractor 
personnel when acquiring information technology services. The rule 
prohibits the use of minimum experience or education requirements 
for contractor personnel in solicitations for the acquisition of 
information technology services, unless the contracting officer 
first determines the needs of the agency cannot be met without that 
requirement; or the needs of the agency require the use of a type of 
contract other than a performance-based contract.
    The rule will apply to all large and small entities that seek 
award of Federal information service contracts. In fiscal year 2000, 
we estimated that Federal agencies awarded approximately 14,578 
contracts totaling approximately $3.4 billion to small entities for 
information technology services. The rule should have a positive 
economic impact on small businesses because it will make it easier 
for them to hire employees to work on information technology service 
contracts, as well as increase their business opportunities in 
obtaining Federal contracts.

    Interested parties may obtain a copy of the FRFA from the FAR 
Secretariat. The FAR Secretariat has submitted a copy of the FRFA to 
the Chief Counsel for Advocacy of the Small Business Administration.

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: December 5, 2001.
Al Matera,
Director, Acquisition Policy Division.

Interim Rule Adopted as Final Without Change

    Accordingly, DoD, GSA, and NASA adopt the interim rule amending 48 
CFR part 39, which was published in the Federal Register on May 2, 2001 
(66 FR 22084), as a final rule without change.

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and42 U.S.C. 
2473(c).

[FR Doc. 01-30546 Filed 12-17-01; 8:45 am]
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