[Federal Register: July 24, 2003 (Volume 68, Number 142)]
[Rules and Regulations]               
[Page 43872-43873]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jy03-25]                         

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 39

[FAC 2001-15; FAR Case 2002-012; Item VII]
RIN 9000-AJ53

 
Federal Acquisition Regulation; Section 508 Micropurchase 
Exception Sunset Provision

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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[[Page 43873]]

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to convert this FAR 
case from an interim rule to a final rule without change. The final 
rule amends the FAR to extend the Electronic and Information Technology 
(section 508) micropurchase exception to October 1, 2004.

DATES: Effective Date: July 24, 2003.

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, or Ms. Angelena Moy, Case Manager, at (703) 602-1302. The TTY 
Federal relay number for further information is 1-800-877-8973. Please 
cite FAC 2001-15, FAR case 2002-012.

SUPPLEMENTARY INFORMATION: 

A. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 67 FR 80321, December 31, 2002, that amended FAR 39.204(a) 
to extend the Electronic and Information Technology (EIT) micropurchase 
exception until October 1, 2004.
    The 60-day comment period for the interim rule ended March 3, 2003. 
Public comments were received from four commenters. One commenter 
submitted comments that are not relevant and outside the scope of the 
rule. Another commenter, the American Foundation for the Blind (AFB), 
believes that the Government is not doing enough to resolve the small 
purchase problem so that an exception is not needed. The AFB also 
believes that the Government should create tools with questions and 
measurements for the Federal purchaser to utilize in determining 
accessibility.
    The remaining two commenters fully support the rule. They also 
submitted their views on labeling products for micropurchases made 
using the Government purchase card, and one of the commenter also 
addressed how it accomplished its internal 508 training. Summaries of 
these views follow:
    1. Suggested that many firms in the information technology industry 
are unwilling to make blanket statements on a product label regarding 
section 508 because interpretations of the standards and product 
information may vary, exposing companies to litigation under the False 
Claims Act.
    2. Stated that creating a label that would provide sufficient 
information to Federal buyers would be difficult and expensive.
    3. Stated that the majority of the Governmentwide purchase card 
purchases are generally made using the Internet or by phone, and it is 
unlikely that the Government buyer would see the label until after the 
purchase.
    4. Recommended that, as an alternative to labeling, the Government 
purchaser use the Voluntary Product Accessibility Template (VPAT) as a 
tool in making an informed decision regarding accessibility.
    5. Suggested that the VPAT assists the Government in meeting the 
Acquisition Planning and Market Research requirements established in 
FAR parts 7 and 10, respectively.
    6. One commenter described their intensive efforts to train their 
sales forces to assist purchasers in making their accessibility 
determinations and to put in place systems that ensure engineers 
include accessibility as a key design requirement.
    The above views will be considered before the Government formulates 
its next step regarding acquisition of electronic and information 
technology products and services under micropurchase procedures.
    We applaud industry's efforts to build accessibility features into 
their products and their participation in making information about 
product features available by completing the VPAT. We encourage 
industry to continue to work toward a solution that will assist the 
Government purchase cardholder, who may have little technical knowledge 
regarding section 508, in purchasing products and services that meet 
the applicable accessibility standards.
    The Federal Government is in continual collaboration with the 
Accessibility Forum to focus on long-term solutions that will assist 
the Government in making informed decisions about section 508-related 
procurements. We are hopeful that a solution can be found that will be 
agreeable to both industry and the Government.
    This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

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 for purchases under 
$2,500 (a ``micropurchase''), no competitive quotations have to be 
obtained and micropurchases are no longer reserved exclusively for 
small firms.

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: July 16, 2003.
Laura Auletta,
Director, Acquisition Policy Division.

Interim Rule Adopted as Final Without Change

0
Accordingly, DoD, GSA, and NASA adopt the interim rule amending 48 CFR 
part 39, which was published in the Federal Register at 67 FR 80321, 
December 31, 2002, as a final rule without change.

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

[FR Doc. 03-18539 Filed 7-23-03; 8:45 am]