[Federal Register: June 8, 2005 (Volume 70, Number 109)]
[Rules and Regulations]
[Page 33656-33657]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn05-30]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 7, 11, 13, and 15
[2005-04; FAR Case 2003-025; Item II]
RIN 9000-AK03
Federal Acquisition Regulation; Telecommuting for Federal
Contractors
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 (Councils) have agreed to convert the
interim rule published in the Federal Register at 69 FR 59701, October
5, 2004, to a final rule without change. The final rule amends the
Federal Acquisition Regulation (FAR) to implement section 1428 of the
Services Acquisition Reform Act of 2003, Title XIV of Public Law 108-
136, Authorization of Telecommuting for Federal Contractors.
DATES: Effective Date: June 8, 2005.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755
for information pertaining to status or publication schedules. For
clarification of content, contact Mr. Gerald Zaffos, Procurement
Analyst, at (202) 208-6091. Please cite FAC 2005-04, FAR case 2003-025.
SUPPLEMENTARY INFORMATION:
A. Background
An interim rule implementing Section 1428 of the Services
Acquisition Reform Act of 2003 (Title XIV of Public Law 108-136) was
published in the Federal Register on October 5, 2004 (69 FR 59701).
Five comments were received from four respondents in response to the
interim rule. While all of the commenters were supportive of the rule,
the commenters offered the following recommendations to maximize the
use of telecommuting for Federal contractors. One commenter suggested
that the Councils provide an incentive for ``suppliers who take the
initiative to hire telecommuting contractors.'' The Councils did not
adopt this suggestion because the statute does not establish
incentives, and the Councils believe establishing such an incentive is
beyond the scope and authority of the Councils. Another commenter
believes that the rule does not go far enough because it allows the
contracting officer to determine that allowing telecommuting would be
contrary to the agency's requirements. The commenter believes that
Government managers who are uncomfortable with the concept of
telecommuting will convince contracting officers to disallow
telecommuting more often than allow it. To prevent this, the commenter
recommended that ``telecommuting be established as a `requirement' for
some percentage of government contracts and that telecommuting be
defined as working offsite for 25 or more hours a week.'' This
commenter also recommended that contracting officers who award
contracts to firms that allow their employees to telecommute receive
additional training, funds, ``and a leg up on promotion.'' The Councils
did not adopt this recommendation because there is no evidence that
contracting officers will not act in good faith when making a
determination not to allow
[[Page 33657]]
telecommuting. Moreover, the requirement for a written determination
will allow agencies to conduct periodic reviews as may be necessary to
ensure there is no abuse of this discretion. Also, issues of
contracting officer rewards are personnel issues that are beyond the
scope of this case and the general purview of the Councils. Another
commenter recommended creating a vetting procedure for determinations
to prohibit telecommuting and to hold contracting officers' ``feet to
the fire.'' The Councils did not adopt this recommendation because
compliance issues are beyond the scope of this case and are more
appropriately addressed by individual agency management.
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 there is no
Governmentwide policy or practice concerning contractor employee
telecommuting. In addition, this rule will not be a major change, but
instead a small positive benefit to small businesses.
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 Parts 7, 11, 13, and 15
Government procurement.
Dated: May 27, 2005.
Julia B. Wise,
Director, Contract Policy Division.
0
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 48 CFR parts 7, 11, 13, and 15,
which was published in the Federal Register at 69 FR 59701, October 5,
2004, is adopted as a final rule without change.
[FR Doc. 05-11181 Filed 6-7-05; 8:45 am]