[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Rules and Regulations]
[Page 44830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21502]
[[Page 44830]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 39 and 52
[FAC 97-01; FAR Case 96-607; Item XVII]
RIN 9000-AG90
Federal Acquisition Regulation; Year 2000 Compliance
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule adopted as final with changes.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed to adopt as final, with
changes, the interim rule published as Item XIV of Federal Acquisition
Circular 90-45. The rule amends the Federal Acquisition Regulation
(FAR) to increase awareness of Year 2000 procurement issues and to
ensure that solicitations and contracts address Year 2000 issues. 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.
DATES: Effective October 21, 1997.
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 97-01, FAR case 96-607.
SUPPLEMENTARY INFORMATION:
A. Background
An interim rule was published on January 2, 1997 (61 FR 273). The
interim rule is converted to a final rule with revisions. Revisions
were made to the definition, ``Year 2000 compliant'', at FAR 39.002 to
better convey the intent of the definition.
Twenty comments from five respondents were received during the
public comment period. All comments were considered in the development
of the final rule.
The final rule will provide needed coverage to ensure that
information technology products to be acquired and used by Federal
agencies after December 31, 1999, will be able to process date related
data into the next century. Solicitations and contracts should require
Year 2000 compliant technology, or require that non-compliant
information technology be upgraded to be compliant in a timely manner.
The rule also recommends that agency solicitations describe existing
information technology that will be used with the information
technology to be acquired and identify whether the existing information
technology is Year 2000 compliant. If proper date/time data is
provided, the Year 2000 compliant information technology must be able
to process the data accurately. If it cannot process proper date/time
data accurately, its failure will not be excused because of the
noncompliance of another information technology product. Agencies are
expected to test for Year 2000 compliance. However, lack of testing
does not excuse failure of the information technology to be Year 2000
compliant.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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 this rule merely
provides internal Government guidance regarding the development of
contract requirements for the acquisition of information technology.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 39 and 52
Government procurement.
Dated: August 7, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Interim Rule Adopted as Final With Changes
Accordingly, the interim rule amending 48 CFR Parts 39 and 52,
which was published at 61 FR 273, January 2, 1997, is hereby adopted as
final with the following change:
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. Section 39.002 is amended by revising the definition of ``Year
2000 compliant'' to read as follows:
39.002 Definitions.
* * * * *
Year 2000 compliant, as used in this part, means, with respect to
information technology, that the information technology accurately
processes date/time data (including, but not limited to, calculating,
comparing, and sequencing) from, into, and between the twentieth and
twenty-first centuries, and the years 1999 and 2000 and leap year
calculations, to the extent that other information technology, used in
combination with the information technology being acquired, properly
exchanges date/time data with it.
[FR Doc. 97-21502 Filed 8-21-97; 8:45 am]
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