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]

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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]

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