22084 Federal Register / Vol. 66, No. 85 / Wednesday, May 2, 2001 / Rules and Regulations

(ii) A performance-based contract or

task order that is not firm-fixed price.

(iii) A contract or task order that is not

performance-based.

* * * * *

[FR Doc. 01–11008 Filed 5–1–01; 8:45 am]

BILLING CODE 6820–EP–U

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 39

[FAC 97–25; FAR Case 2000–609; Item II]

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: 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 implement Section

813 of the Floyd D. Spence National

Defense Authorization Act for Fiscal

Year 2001. 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: May 2, 2001.

Comment Date: Interested parties

should submit comments to the FAR

Secretariat at the address shown below

on or before July 2, 2001 to be

considered in the formulation of a final

rule.

ADDRESSES: Submit written comments

to: General Services Administration,

FAR Secretariat (MVP), 1800 F Street,

NW., Room 4035, Attn: Ms. Laurie

Duarte, Washington, DC 20405.

Submit electronic comments via the

Internet to: farcase.2000–609@gsa.gov.

Please submit comments only and cite

FAC 97–25, FAR case 2000–609 in all

correspondence related to this case.

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 97–25,

FAR case 2000–609.

SUPPLEMENTARY INFORMATION:

A. Background

This interim rule amends the FAR to

implement Section 813 of the Floyd D.

Spence National Defense Authorization

Act for Fiscal Year 2001 (Public Law

106–398). The Act prohibits the use of

minimum experience or education

requirements for contractor personnel in

solicitations for the acquisition of

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.

This interim rule implements the Act

by adding a new section to Subpart 39.1

to implement Section 813 of the Act.

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 changes may 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 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 Government contracts.

Therefore, we have prepared an Initial

Regulatory Flexibility Analysis that is

summarized as follows:

The interim rule amends FAR Part 39 to

implement Section 813 of the Floyd D.

Spence National Defense Authorization Act

for Fiscal Year 2001 (Public Law 106–398).

The Act requires that the Federal Acquisition

Regulation be revised to address the use, in

the procurement of information technology

services, of requirements regarding the

experience and education of contractor

personnel. 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

interim rule will apply to all large and small

entities that seek award of Federal

information service contracts. 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.

The FAR Secretariat has submitted a

copy of the IRFA to the Chief Counsel

for Advocacy of the Small Business

Administration. Interested parties may

obtain a copy from the FAR Secretariat.

The Councils will consider comments

from small entities concerning the

affected FAR Part 39 in accordance with

5 U.S.C. 610. Submit such comments

separately and cite 5 U.S.C. 601, et seq.

(FAC 97–25, FAR case 2000–609), 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 in order to

implement section 813 of the Floyd D.

Spence National Defense Authorization

Act for Fiscal Year 2001 (Public Law

106–398). The Act requires that the FAR

be amended within 180 days of

enactment; enactment was on October

30, 2000. 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: April 27, 2001.

Al Matera,

Director, Acquisition Policy Division.

Therefore, DoD, GSA, and NASA

amend 48 CFR part 39 as set forth

below:

PART 39—ACQUISITION OF

INFORMATION TECHNOLOGY

1. The authority citation for 48 CFR

part 39 continues to read as follows:

Federal Register / Vol. 66, No. 85 / Wednesday, May 2, 2001 / Rules and Regulations 22085

Authority: 40 U.S.C. 486(c); 10 U.S.C.

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

2. Add § 39.104 to read as follows:

39.104 Information technology services.

When acquiring information

technology services, solicitations must

not describe any minimum experience

or educational requirement for proposed

contractor personnel unless the

contracting officer determines that the

needs of the agency—

(a) Cannot be met without that

requirement; or

(b) Require the use of other than a

performance-based contract (see subpart

37.6).

[FR Doc. 01–11009 Filed 5–1–01; 8:45 am]

BILLING CODE 6820–EP–M

DEPARTMENT OF DEFENSE

General Services Administration

National Aeronautics and Space

Administration

48 CFR Chapter 1

Federal Acquisition Regulation; Small

Entity Compliance Guide

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Small Entity Compliance Guide.

SUMMARY: This document is issued

under the joint authority of the

Secretary of Defense, the Administrator

of General Services and the

Administrator for the National

Aeronautics and Space Administration.

This Small Entity Compliance Guide has

been prepared in accordance with

section 212 of the Small Business

Regulatory Enforcement Fairness Act of

1996. It consists of a summary of rules

appearing in Federal Acquisition

Circular (FAC) 97–25 which amends the

FAR. An asterisk (*) next to a rule

indicates that a regulatory flexibility

analysis has been prepared in

accordance with 5 U.S.C. 604. Interested

parties may obtain further information

regarding these rules by referring to FAC

97–25 which precedes this document.

These documents are also available via

the Internet at http://www.arnet.gov/far.

FOR FURTHER INFORMATION CONTACT:

Laurie Duarte, FAR Secretariat, (202)

501–4225. For clarification of content,

contact the analyst whose name appears

in the table below.

SUPPLEMENTARY INFORMATION:

LIST OF RULES IN FAC 97–25

Item Subject FAR case Analyst

I ........................................................................ Preference for Performance-Based Contracting ......................... 2000–307 Wise.

II ....................................................................... Contractor Personnel in the Procurement of Information Technology Services.2000–609 Nelson.

Item I—Preference for PerformanceBased Contracting (FAR Case 2000–307)

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

orders.

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,

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.

Dated: April 27, 2001.

Al Matera,

Director, Acquisition Policy Division.

[FR Doc. 01–11010 Filed 5–1–01; 8:45 am]

BILLING CODE 6820–EP–U