[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Rules and Regulations]
[Pages 33656-33657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11181]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 7, 11, 13, and 15

[2005-04; FAR Case 2003-025; Item II]
RIN 9000-AK03


Federal Acquisition Regulation; Telecommuting for Federal 
Contractors

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 convert the 
interim rule published in the Federal Register at 69 FR 59701, October 
5, 2004, to a final rule without change. The final rule amends the 
Federal Acquisition Regulation (FAR) to implement section 1428 of the 
Services Acquisition Reform Act of 2003, Title XIV of Public Law 108-
136, Authorization of Telecommuting for Federal Contractors.

DATES: Effective Date: June 8, 2005.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755 
for information pertaining to status or publication schedules. For 
clarification of content, contact Mr. Gerald Zaffos, Procurement 
Analyst, at (202) 208-6091. Please cite FAC 2005-04, FAR case 2003-025.

SUPPLEMENTARY INFORMATION:

A. Background

    An interim rule implementing Section 1428 of the Services 
Acquisition Reform Act of 2003 (Title XIV of Public Law 108-136) was 
published in the Federal Register on October 5, 2004 (69 FR 59701). 
Five comments were received from four respondents in response to the 
interim rule. While all of the commenters were supportive of the rule, 
the commenters offered the following recommendations to maximize the 
use of telecommuting for Federal contractors. One commenter suggested 
that the Councils provide an incentive for ``suppliers who take the 
initiative to hire telecommuting contractors.'' The Councils did not 
adopt this suggestion because the statute does not establish 
incentives, and the Councils believe establishing such an incentive is 
beyond the scope and authority of the Councils. Another commenter 
believes that the rule does not go far enough because it allows the 
contracting officer to determine that allowing telecommuting would be 
contrary to the agency's requirements. The commenter believes that 
Government managers who are uncomfortable with the concept of 
telecommuting will convince contracting officers to disallow 
telecommuting more often than allow it. To prevent this, the commenter 
recommended that ``telecommuting be established as a `requirement' for 
some percentage of government contracts and that telecommuting be 
defined as working offsite for 25 or more hours a week.'' This 
commenter also recommended that contracting officers who award 
contracts to firms that allow their employees to telecommute receive 
additional training, funds, ``and a leg up on promotion.'' The Councils 
did not adopt this recommendation because there is no evidence that 
contracting officers will not act in good faith when making a 
determination not to allow

[[Page 33657]]

telecommuting. Moreover, the requirement for a written determination 
will allow agencies to conduct periodic reviews as may be necessary to 
ensure there is no abuse of this discretion. Also, issues of 
contracting officer rewards are personnel issues that are beyond the 
scope of this case and the general purview of the Councils. Another 
commenter recommended creating a vetting procedure for determinations 
to prohibit telecommuting and to hold contracting officers' ``feet to 
the fire.'' The Councils did not adopt this recommendation because 
compliance issues are beyond the scope of this case and are more 
appropriately addressed by individual agency management.
    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 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 there is no 
Governmentwide policy or practice concerning contractor employee 
telecommuting. In addition, this rule will not be a major change, but 
instead a small positive benefit to small businesses.

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 Parts 7, 11, 13, and 15

    Government procurement.

    Dated: May 27, 2005.
Julia B. Wise,
Director, Contract Policy Division.

0
Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 7, 11, 13, and 15, 
which was published in the Federal Register at 69 FR 59701, October 5, 
2004, is adopted as a final rule without change.
[FR Doc. 05-11181 Filed 6-7-05; 8:45 am]
BILLING CODE 6820-EP-S