22082 Federal Register / Vol. 66, No. 85 / Wednesday, May 2, 2001 / Rules and Regulations

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Chapter 1

Federal Acquisition Circular 97–25;

Introduction

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Summary presentation of

interim rules.

SUMMARY: This document summarizes

the Federal Acquisition Regulation

(FAR) rules agreed to by the Civilian

Agency Acquisition Council and the

Defense Acquisition Regulations

Council in this Federal Acquisition

Circular (FAC) 97–25. A companion

document, the Small Entity Compliance

Guide (SECG), follows this FAC. The

FAC, including the SECG, is available

via the Internet at http://

www.arnet.gov/far.

DATES: For effective dates and comment

dates, see separate documents which

follow.

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 the

analyst whose name appears in the table

below in relation to each FAR case or

subject area. Please cite FAC 97–25 and

specific FAR case number(s). Interested

parties may also visit our website at

http://www.arnet.gov/far.

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.

SUPPLEMENTARY INFORMATION:

Summaries for each FAR rule follow.

For the actual revisions and/or

amendments to these FAR cases, refer to

the specific item number and subject set

forth in the documents following these

item summaries.

Federal Acquisition Circular 97–25

amends the FAR as specified below:

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.

Federal Acquisition Circular

Federal Acquisition Circular (FAC) 97–25

is issued under the authority of the Secretary

of Defense, the Administrator of General

Services, and the Administration for the

National Aeronautics and Space

Administration.

All Federal Acquisition Regulation (FAR)

changes and other directive materal

contained in FAC 97–25 are effective May 2,

2001.

April 5, 2001.

David A. Drabkin,

Deputy Associate Administrator, Office of

Acquisition Policy, General Services

Administration.

Dated: April 25, 2001.

Deidre A. Lee,

Director, Defense Procurement.

April 6, 2001.

Tom Luedtke,

Associate Administrator for Procurement,

National Aereonautics and Space

Administration.

[FR Doc. 01–11007 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 Parts 2 and 37

[FAC 97–25; FAR Case 2000–307; Item I]

RIN 9000–AJ12

Federal Acquisition Regulation;

Preference for Performance-Based

Contracting

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

821 of the Floyd D. Spence National

Defense Authorization Act for Fiscal

Year 2001. The FAR rule explicitly

establishes a preference for

performance-based contracting when

acquiring services.

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,