59702 Federal Register / Vol. 69, No. 192 / Tuesday, October 5, 2004 / Rules and Regulations 

positive benefit to small businesses. 

Therefore, an Initial Regulatory 

Flexibility Analysis has not been 

performed. The Councils will consider 

comments from small entities 

concerning the affected FAR Parts 7, 11, 

13, and 15 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 2001–25, FAR 

case 2003–025), 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.

D. Determination to Issue an Interim 

Rule

A determination has been made under 

the authority of the Secretary of Defense 

(DoD), the Administrator of General 

Services (GSA), and the Administrator 

of the National Aeronautics and Space 

Administration (NASA) that urgent and 

compelling reasons exist to promulgate 

this interim rule without prior 

opportunity for public comment. This 

action is necessary because this statute 

requires that the FAR be amended no 

later than 180 days after enactment. The 

statute was enacted on November 24, 

2003, which required amending the 

FAR by May 22, 2004. However, 

pursuant to Public Law 98–577 and FAR 

1.501, the Councils will consider public 

comments received in response to this 

interim rule in the formation of the final 

rule.

List of Subjects in 48 CFR Parts 7, 11, 

13, and 15

Government procurement.

Dated: September 28, 2004.

Ralph J. De Stefano,

Acting Director, Contract Policy Division.

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 7, 11, 13, and 15 as 

set forth below:

■ 1. The authority citation for 48 CFR 

parts 7, 11, 13, and 15 is revised to read 

as follows:

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c).

PART 7—ACQUISITION PLANNING

■ 2. Add section 7.108 to read as follows:

7.108 Additional requirements for 

telecommuting.

In accordance with section 1428 of 

Public Law 108–136, an agency shall 

generally not discourage a contractor 

from allowing its employees to 

telecommute in the performance of 

Government contracts. Therefore, 

agencies shall not—

(a) Include in a solicitation a 

requirement that prohibits an offeror 

from permitting its employees to 

telecommute unless the contracting 

officer first determines that the 

requirements of the agency, including 

security requirements, cannot be met if 

telecommuting is permitted. The 

contracting officer shall document the 

basis for the determination in writing 

and specify the prohibition in the 

solicitation; or

(b) When telecommuting is not 

prohibited, unfavorably evaluate an 

offer because it includes telecommuting, 

unless the contracting officer first 

determines that the requirements of the 

agency, including security 

requirements, would be adversely 

impacted if telecommuting is permitted. 

The contracting officer shall document 

the basis for the determination in 

writing and address the evaluation 

procedures in the solicitation.

PART 11—DESCRIBING AGENCY 

NEEDS

■ 3. Amend section 11.002 by adding 

paragraph (g) to read as follows:

11.002 Policy.

* * * * *

(g) Agencies shall not include in a 

solicitation a requirement that prohibits 

an offeror from permitting its employees 

to telecommute unless the contracting 

officer executes a written determination 

in accordance with FAR 7.108(a).

PART 13—SIMPLIFIED ACQUISITION 

PROCEDURES

■ 4. Amend section 13.106–2 by 

redesignating paragraphs (b)(2) and 

(b)(3) as (b)(3) and (b)(4), respectively, 

and adding a new paragraph (b)(2) to 

read as follows:

13.106–2 Evaluation of quotations or 

offers.

* * * * *

(b) * * *

(2) If telecommuting is not prohibited, 

agencies shall not unfavorably evaluate 

an offer because it includes 

telecommuting unless the contracting 

officer executes a written determination 

in accordance with FAR 7.108(b).

* * * * *

PART 15—CONTRACTING BY 

NEGOTIATION

■ 5. Amend section 15.304 by adding 

paragraph (c)(6) to read as follows:

15.304 Evaluation factors and significant 

subfactors.

* * * * *

(c) * * *

(6) If telecommuting is not prohibited, 

agencies shall not unfavorably evaluate 

an offer that includes telecommuting 

unless the contracting officer executes a 

written determination in accordance 

with FAR 7.108(b).

* * * * *

[FR Doc. 04–22246 Filed 10–4–04; 8:45 am]

BILLING CODE 6820–EP–S

DEPARTMENT OF DEFENSE

GENERAL SERVICES 

ADMINISTRATION

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION

48 CFR Part 39

[FAC 2001–25; FAR Case 2004–020; Item 

IV]

RIN 9000–AK05

Federal Acquisition Regulations; 

Section 508 Micropurchase Exemption

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA).

ACTION: Interim rule with request for 

comments.

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have agreed on an interim 

rule amending the Federal Acquisition 

Regulation (FAR) to extend the micropurchase exemption for purchasing 

electronic and information technology 

(EIT) that conforms to the requirements 

of Section 508 of the Rehabilitation Act 

of 1973 from October 1, 2004, to April 

1, 2005. No further extensions will be 

granted. The extension until April 1, 

2005, will provide agencies time to 

update their purchase card training 

modules on the 508 requirements and 

train their personnel.

DATES: Effective Date: October 5, 2004.

Comment Date: Interested parties 

should submit comments to the FAR 

Secretariat at the address shown below 

on or before December 6, 2004 to be 

considered in the formulation of a final 

rule.

ADDRESSES: Submit comments 

identified by FAC 2001–25, FAR case 

2004–020 by any of the following 

methods:

Federal Register / Vol. 69, No. 192 / Tuesday, October 5, 2004 / Rules and Regulations 59703

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments.

• Agency Web Site: http://

www.acqnet.gov/far/ProposedRules/

proposed.htm. Click on the FAR case 

number to submit comments.

• E-mail: farcase.2004–020@gsa.gov.

Include FAC 2001–25, FAR case 2004–

020 in the subject line of the message.

• Fax: 202–501–4067.

• Mail: General Services 

Administration, Regulatory Secretariat 

(V), 1800 F Street, NW, Room 4035, 

ATTN: Laurie Duarte, Washington, DC 

20405.

Instructions: Please submit comments 

only and cite FAC 2001–25, FAR case 

2004–020, in all correspondence related 

to this case. All comments received will 

be posted without change to http://

www.acqnet.gov/far/ProposedRules/

proposed.htm, including any personal 

information provided.

FOR FURTHER INFORMATION CONTACT: The 

FAR Secretariat at (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 2001–25, FAR 

case 2004–020.

SUPPLEMENTARY INFORMATION:

A. Background

Section 508 of the Rehabilitation Act 

of 1973 requires that the Electronic and 

Information Technology (EIT) 

developed, procured, maintained, or 

used by the Federal Government 

provide individuals with disabilities 

access to and use of information and 

data that is comparable to the access 

and use of information and data by 

individuals without disabilities. The 

law was implemented first through 

standards developed by the 

Architectural and Transportation 

Barriers Compliance Board, (‘‘Access 

Board’’) and then incorporated into the 

FAR.

Initially, the FAR exempted 

micropurchases from the 508 

requirements until January 1, 2003. (See 

FAR Case 1999–607, 66 FR 20894, April 

25, 2001.) The rule’s preamble gave 

notice that the Government would 

revisit the issue prior to the sunset date. 

This deadline was extended (FAR Case 

2002–012, 67 FR 80321, December 31, 

2002 and 68 FR 43872, July 24, 2003) 

and is due to expire October 1, 2004.

The FAR Council is extending the 

micropurchase exception from October 

1, 2004, to April 1, 2005, and no 

additional extensions will be granted. 

Agencies have had three years of 

experience with Section 508, and 

industry continues to make investments 

in accessible technology to support the 

requirements. The extension until April 

1, 2005, will provide agencies time to 

update their purchase card training 

modules on the 508 requirements and 

train their personnel. Free, online 

training developed by GSA, in 

collaboration with the Section 508 

Executive Steering Committee, is 

available at http://www.section508.gov.

The FAR Council received public 

comments on the first extension to 

October 1, 2004. None of the comments 

received took issue with extending the 

micropurchase exception. Extending the 

micropurchase exemption will not 

cause a significant impact on the 

disability community or industry.

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 interim rule is not expected to 

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 the proposed rule continues the 

status quo for another six months. When 

the FAR Council last extended the 

exception through October 1, 2004, 

none of the comments received took 

issue with extending the micropurchase 

exception. Also, extending the 

micropurchase exception will not cause 

a significant impact on the disability 

community or industry.

Therefore, an Initial Regulatory 

Flexibility Analysis has not been 

performed. The Councils will consider 

comments from small entities 

concerning the affected FAR Part 39 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 2001–25, FAR case 2004–

020), 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.

D. Determination to Issue an Interim 

Rule

A determination has been made under 

the authority of the Secretary of Defense 

(DoD), the Administrator of General 

Services (GSA), and the Administrator 

of the National Aeronautics and Space 

Administration (NASA) that urgent and 

compelling reasons exist to promulgate 

this interim rule without prior 

opportunity for public comment. This 

action is necessary because the rule 

extends an exception that would 

otherwise impose training burdens that 

the acquisition community may be 

challenged to meet by October 1, 2004. 

The extension until April 1, 2005, will 

provide agencies time to update their 

purchase card training modules on the 

508 requirements and train their 

personnel. However, pursuant to Public 

Law 98–577 and FAR 1.501, the 

Councils will consider public comments 

received in response to this interim rule 

in the formation of the final rule.

List of Subjects in 48 CFR Part 39

Government procurement.

Dated: September 28, 2004.

Ralph J. De Stefano,

Acting Director, Contract Policy Division.

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR part 39 as set forth below:

PART 39—ACQUISTION OF 

INFORMATION TECHNOLOGY

■ 1. The authority citation for 48 CFR 

part 39 is revised to read as follows:

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c).

39.204 [Amended]

■ 2. Amend section 39.204 in the first 

sentence of paragraph (a) by removing 

‘‘October 1, 2004’’ and adding ‘‘April 1, 

2005 ’’in its place.

[FR Doc. 04–22247 Filed 10–4–04; 8:45 am]

BILLING CODE 6820–EP–S

DEPARTMENT OF DEFENSE

GENERAL SERVICES 

ADMINISTRATION

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION

48 CFR Parts 14 and 52

[FAC 2001-25; Item V]

Federal Acquisition Regulation; 

Technical Amendments

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA).

ACTION: Final rule.

SUMMARY: This document makes 

amendments to the Federal Acquisition 

Regulation (FAR) in order to make 

editorial changes.