Federal Acquisition Regulation; Year 2000 Compliance

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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