[Federal Register: August 22, 1997 (Volume 62, Number 163)]
[Rules and Regulations]
[Page 44830]

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.

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.

* * * * *

39.106  [Redesignated as 39.107]
3.  Section 39.106 is redesignated as 39.107, and a new section 39.106 is
added to read as follows:
39.106  Year 2000 compliance.
(a) When acquiring information technology that will be required to perform
date/time processing involving dates subsequent to December 31, 1999, agencies
shall ensure that solicitations and contracts:
(1) Require the information technology to be Year 2000 compliant; or
(2) Require that non-compliant information technology be upgraded to be Year
2000 compliant prior to the earlier of (i) the earliest date on which the
information technology may be required to perform date/time processing involving
dates later than December 31, 1999, or (ii) December 31, 1999; and
(b) As appropriate, 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.
PART 52 SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.239-1  [Amended]
4.  Section 52.239-1 is amended in the introductory text by revising
[39.106] to read [39.107].