[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Rules and Regulations]
[Pages 32747-32748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15151]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 39
[FAC 97-12; FAR Case 98-306; Item VI]
RIN 9000-AI37
Federal Acquisition Regulation; Restrictions on the Acquisition
of Information Technology
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (the Councils) have agreed on a final
rule amending the Federal Acquisition Regulation (FAR) to implement
Division A, Section 101(h), Title VI, section 622 of the Omnibus
Appropriations and Authorization Act for Fiscal Year 1999.
EFFECTIVE DATE: June 17, 1999.
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 97-12, FAR case 98-306.
SUPPLEMENTARY INFORMATION:
A. Background
Division A, Section 101(h), Title VI, Section 622 of the Omnibus
Appropriations and Authorization Act for Fiscal Year 1999 (Pub. L. 105-
277) was effective upon its enactment on October 21, 1998. Section 622
provides that agencies may not use appropriated funds to acquire
information technology that does not comply with FAR 39.106, unless the
agency's Chief Information Officer (CIO) determines that noncompliance
with 39.106 is necessary to the function and operation of the agency or
the acquisition is required by a contract in effect before October 21,
1998. The CIO must send to the Office of Management and Budget any
waivers granted.
This regulatory action was not subject to Office of Management and
Budget review under Executive Order 12866, dated September 30, 1993,
and is not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The final rule does not constitute a significant FAR revision
within the meaning of FAR 1.501 and Pub. L. 98-577, and publication for
public comments is not required. However, the Councils will consider
comments from small entities concerning the affected FAR subpart 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 97-12,
FAR case 98-306), 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.
List of Subjects in 48 CFR Part 39
Government procurement.
Dated: June 9, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, DoD, GSA, and NASA amend 48 CFR part 39 as set forth
below:
[[Page 32748]]
PART 39--ACQUISITION OF INFORMATION TECHNOLOGY
1. The authority citation for 48 CFR part 39 continues to read as
follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Amend section 39.101 by designating the existing paragraph as
``(b)'', and adding paragraph (a) to read as follows:
39.101 Policy.
(a) Division A, Section 101(h), Title VI, Section 622 of the
Omnibus Appropriations and Authorization Act for Fiscal Year 1999 (Pub.
L. 105-277) requires that agencies may not use appropriated funds to
acquire information technology that does not comply with 39.106, unless
the agency's Chief Information Officer determines that noncompliance
with 39.106 is necessary to the function and operation of the agency or
the acquisition is required by a contract in effect before October 21,
1998. The Chief Information Officer must send to the Office of
Management and Budget a copy of all waivers for forwarding to Congress.
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[FR Doc. 99-15151 Filed 6-16-99; 8:45 am]
BILLING CODE 6820-EP-P
