[Federal Register: May 2, 2001 (Volume 66, Number 85)]
[Rules and Regulations]               
[Page 22085]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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.


                                           List of Rules in FAC 97-25
                  Item                             Subject              FAR case               Analyst
I......................................  Preference for Performance-       2000-307  Wise.
                                          Based Contracting.
II.....................................  Contractor Personnel in           2000-609  Nelson.
                                          the Procurement of
                                          Information Technology

Item I--Preference for Performance-Based Contracting (FAR Case 

    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 

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, 
    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]