63628 Federal Register / Vol. 65, No. 206 / Tuesday, October 24, 2000 / Notices

temporary digital copies of works that

are incidental to the operation of a

device in the course of an authorized

use of the work?

• What are the policy justifications

for or against an expansion to the

archival copy exception in section 117

to cover works other than computer

programs, and what specific facts can

you provide to support for your view?

Would such an expansion of section 117

further or hinder electronic commerce

and Internet growth? What problems

would such a statutory change address

and not address? What problems would

such an expansion create?

• What are the policy justifications

for or against expressly limiting the

archival copy exception in section 117

to cover only those copies that are

susceptible to destruction or damage by

mechanical or electrical failure? What

problems would such a statutory change

address and not address? What

problems would such a change create?

Marybeth Peters,

Register of Copyrights, United States

Copyright Office.

Kathy D. Smith,

Chief Counsel, National Telecommunications

and Information Administration.

[FR Doc. 00–27293 Filed 10–23–00; 8:45 am]

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OFFICE OF MANAGEMENT AND

BUDGET

Office of Federal Procurement Policy

Notice of Solicitation of Public Interest

AGENCY: Executive Office of the

President, Office of Management and

Budget (OMB), Office of Federal

Procurement Policy (OFPP).

ACTION: Notice of solicitation of public

interest.

SUMMARY: OFPP is developing a new

initiative to fundamentally examine the

manner by which the Government

develops and applies incentives to its

contractual vehicles, and is seeking

information and advice that would

advance this effort.

COMMENTS DUE DATE: Comments and

information regarding the proposed

initiative must be received on or before

December 26, 2000.

FOR FURTHER INFORMATION CONTACT:

Comments and information should be

sent to Stanley Kaufman, Deputy

Associate Administrator, OMB, OFPP,

725 17th Street NW., Washington, DC

20503. He can be reached electronically

at skaufman@omb.eop.gov or by phone

at 202–395–6810.

SUPPLEMENTARY INFORMATION:

I. Background

Procurement reform initiatives such

as the Federal Acquisition Streamlining

Act of 1994, the Federal Acquisition

Reform Act of 1996, the Information

Technology Management Reform Act of

1996, and Performance-Based Service

Contracting are significantly changing

the way the Government acquires

supplies and services, moving from a

process-oriented, rules-based, risk

avoidance culture to one emphasizing

performance outcomes, business

judgment, streamlined procedures, and

risk management.

The rules-based culture constrained

contracting officials’ flexibility to serve

as business advisors focusing on the

overall business arrangements. While

the cited acquisition reforms provided

contracting officers increased

flexibilities in negotiations and

communication with contractors,

research by the Army and studies by

OFPP and industry found that

innovative contracting methods are

being used insufficiently, and effective

incentives exist which are not being

considered.

Consideration of incentives typically

was limited to the fee portion of

contracts to the detriment of other

incentives that contractors would find

more appropriate and meaningful, such

as a consistent revenue flow and the

promise of future business. In addition,

incentives too often focused on the

process of the work to be performed vs.

the outcomes, thereby rewarding

unnecessary and/or even

counterproductive behavior.

Furthermore, profit is not an effective

incentive for non-profit entities such as

universities and research laboratories.

As a result, contractors often did not

provide their best solutions and

Government requirements were not

fulfilled in as timely, quality-related,

and cost-effective manner as possible.

II. The Project

OFPP is looking to develop a new

contracting paradigm that will

encourage acquisition officials to

develop joint objectives with contractors

and effectively incentivize both parties

to create ‘‘win/win’’ business

arrangements.

In pursuing this project, OFPP would

like to pull together any experiences

and literature regarding non-fee type

incentives. Consultation with the

private, non-profit, and public sectors is

hereby sought. A review of current

policy, regulatory and statutory

guidance will be conducted to

determine any barriers to achieving the

project’s objective and the need for any

additional guidance to facilitate

compliance.

Accordingly, OFPP is seeking ideas,

recommendations, practices, lessons

learned, etc. on what works in industry,

the non-profit environment, and state

and local governments. Such

information tailored to specific

industries (e.g., manufacturing, services,

construction), subsets of industries (e.g.,

information technology, advisory and

assistance services, environmental

remediation), types of contractors (e.g.,

universities, small businesses) and types

of endeavors (e.g., research and

development) would be welcomed. We

also would welcome any studies or

literature that analyzes, assesses, or

validates these practices, as well as

information on relevant training courses

and materials.

In examining this information and

developing any policy initiative, we will

consider approaches that would

fundamentally restructure our

contractual relationships to

accommodate improving our business

arrangements, and so would welcome

any appropriate recommendations as

well as the identification of any

impediments (legal, regulatory or

policy). OFPP welcomes written

comments and materials, and is willing

to meet with individual companies,

associations, and other organizations to

hear their views and recommendations.

OFPP is concurrently surveying Federal

agencies to ascertain any ongoing

innovative practices that could be used

in this initiative.

We are also considering a public

meeting to facilitate the exchange of

information between the Government

and general public to explore this issue

if sufficient interest exists. Topics could

include: developing alternative

incentive strategies; providing

recommendations; sharing best practices

and lessons learned; reviewing existing

literature; and identifying barriers and

potential benefits and disadvantages for

both agencies and contractors.

Expressions of interest in such a

meeting would be appreciated.

Kenneth J. Oscar,

Acting Deputy Administrator.

[FR Doc. 00–27117 Filed 10–23–00; 8:45 am]

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