[Federal Register Volume 60, Number 86 (Thursday, May 4, 1995)]
[Proposed Rules]
[Pages 22019-22021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10999]



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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 201-23 and 201-24


Amendment of FIRMR Provisions Relating to GSA's Role in Screening 
Excess and Exchange/Sale Federal Information Processing (FIP) Equipment

AGENCY: Information Technology Service, GSA.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to amend the Federal Information 
Resources Management Regulation (FIRMR) to allow Federal agencies to 
screen and transfer excess and exchange/sale FIP equipment.

DATES: Comments are due: July 3, 1995.

ADDRESSES: Comments may be mailed to GSA/KAR, 18th and F Streets NW., 
Room 3224, Washington, DC 20405, Attn: R. Stewart Randall, or delivered 
to that address between 8 a.m. and 4:30 p.m.

FOR FURTHER INFORMATION CONTACT:
R. Stewart Randall, GSA, Office of Information Technology (IT) Policy 
and Leadership, Regulations Analysis Division (KAR), 18th and F Streets 
NW., Room 3224, Washington, DC 20405, telephone FTS/Commercial (202) 
501-4469 (v) or (202) 501-4469 (tdd).

SUPPLEMENTARY INFORMATION: (1) Part 201-23 is being amended to delegate 
authority and responsibility to agencies regarding the screening and 
transfer of excess FIP equipment. Currently, the FIRMR requires Federal 
agencies to request GSA to interagency screen and transfer excess FIP 
equipment that is not outdated and has an original acquisition cost 
(OAC) per component of $1 million or more. It is not necessary for GSA 
to continue to operate this program on a centralized basis. 
Accordingly, the requirement for GSA to be directly involved in 
interagency screening and transfer of excess FIP equipment will be 
removed from the FIRMR.
    (2) Explanation of the changes being made in this issuance are 
shown below:
    (a) Section 201-23.000 ``Scope of part'' is revised by removing 
paragraphs (b), (c), and (d) to more succinctly describe the entire 
contents of this revised part.
    (b) Section 201-23.001 paragraph (a)(2) is revised and paragraph 
(a)(4) is deleted to remove the references to the GSA Excess FIP 
Equipment Program. Agencies will no longer be required to submit to GSA 
information about their excess FIP equipment with the OAC above $1 
million for GSA to do interagency screening.
    (c) Section 201-23.001 paragraph (b) is deleted. Section 201-23.001 
paragraph (c) is redesignated as paragraph (b).
    (d) Section 201-23.002 paragraph (c) the sentence ``Agencies may 
interagency screen and transfer excess FIP equipment without GSA 
approval'' is added at the end of the paragraph.
    (e) Paragraph (b) of section 201-23.003 is redesignated as (c) and 
a new paragraph (b) is added. In the newly designated section 201-
23.003 paragraph (c)(1), the work ``internal'' will be removed because 
it is redundant in this context. The words ``within the agency'' are 
added at the end of the paragraph to distinguish these procedures for 
interagency screening from those GSA will require.
    (f) Section 201-23.003(c) is redesignated as paragraph (d) and is 
completely revised to remove the mandatory reporting requirement for 
agencies to submit equipment with an OAC of $1 million or more to GSA 
for interagency screening purposes. The section will now show that 
agencies must offer to other Federal agencies excess FIP equipment with 
an OAC of $1 million or more in accordance with guidelines in FIRMR 
Bulletin C-2.
    (g) Section 201-23.003(d) is redesignated as paragraph (e) and is 
revised to remove words indicating GSA's former role in interagency 
screening of agencies' excess FIP equipment.
    (h) Paragraph (h) is added to Sec. 201-23.003 to show that an 
agency may request GSA to review another agency's decision to transfer 
excess FIP equipment.
    (i) Section 201-24.202 referencing the GSA Excess FIP Program as a 
mandatory for consideration program will be removed because changes to 
part 201- [[Page 22020]] 23 and FIRMR Bulletin C-2 will make the 
references no longer valid.
    (3) GSA has determined that this rule is not a significant rule for 
the purposes of Executive Order 12866 of September 30, 1993, because it 
is not likely to result in any of the impacts noted in Executive Order 
12866, affect the rights of specified individuals, or raise issues 
arising from the policies of the Administration. GSA has based all 
administrative decisions underlying this rule on adequate information 
concerning the need for and consequences of this rule; has determined 
that the potential benefits to society from this rule outweigh the 
potential costs; has maximized the net benefits; and has chosen the 
alternative approach involving the least net cost to society.

List of Subjects in 41 CFR Parts 201-23 and 201-24

    Archives and records, Computer technology, Federal information 
processing resources activities, Government procurement, Property 
management, Records management, and Telecommunications.

    Accordingly 41 CFR Ch. 201 is proposed to be amended as follows:

PART 201-23--DISPOSITION

    Part 201-23 is revised to read as follows:

    Authority: 40 U.S.C. 486(c) and 751(f).

Sec.
201-23.000  Scope of part.
201-23.001  General.
201-23.002  Policies.
201-23.003  Procedures.


Sec. 201-23.000  Scope of part.

    This part prescribes policies and procedures to be followed by 
agencies for disposing of Government-owned Federal information 
processing (FIP) equipment and software that is no longer needed for 
the purpose for which it was acquired.


Sec. 201-23.001  General.

    (a) Government-owned FIP equipment that is no longer needed for the 
purpose for which it was acquired is either--
    (1) Reassigned within the agency;
    (2) Declared excess to the agency's needs and made available for 
transfer to another agency;
    (3) Exchanged or sold as part of a transaction to acquire 
replacement FIP equipment; or
    (4) Declared surplus and made available for donation.
    (b) FIP software that is no longer needed for the purpose for which 
it was acquired is either--
    (1) Reassigned within the agency consistent with the limitations of 
any applicable license; or
    (2) Otherwise disposed of consistent with the limitations of any 
applicable license.


Sec. 201-23.002  Policies.

    Agencies shall--
    (a) Use FIP equipment of FIP software that is available for 
reassignment within the agency or by transfer from another agency when 
such use is the most advantageous alternative to satisfy the agency's 
requirements.
    (b) Make available for reassignment within the agency FIP equipment 
that is not outdated and that is no longer needed for the purpose for 
which it was acquired.
    (c) Make available for interagency screening and transfer to 
another agency, excess FIP equipment that is not outdated and has an 
original acquisition cost (OAC) per component of $1 million or more. 
Interagency transfer of FIP equipment that is not outdated with an OAC 
per component of less than $1 million, is permitted if the holding 
agency learns of a potential user outside of the screening process. 
Agencies may interagency screen and transfer excess FIP equipment 
without GSA approval.
    (d) Make available for surplus donation or subsequent sale, excess 
FIP equipment not exchanged, sold, reassigned or transferred.
    (e) Consistent with the limitations of any applicable license--
    (1) Make available for reassignment within the agency FIP software 
that is no longer needed for the purpose for which it was acquired;
    (2) Make available for interagency transfer, excess FIP software 
not exchanged or sold, if the holding agency learns of a potential user 
outside of the screening process (GSA does not require interagency 
screening of FIP software);
    (3) For excess FIP software not reassigned, transferred, exchanged, 
or sold, either:
    (i) Return it to the licensor, or
    (ii) Destroy it after a duly authorized agency official determines 
in writing that destruction is the most cost-effective disposal 
approach.


Sec. 201-23.003  Procedures.

    (a) Each agency head shall designate an agency point of contact of 
managing the disposition of FIP equipment and software. Each agency 
shall submit the name, address, and phone number of this individual to 
the General Services Administration, Acquisition Reviews Division 
(KAA), 18th & F Streets, NW., Washington, DC 20405.
    (b) GSA will convene meetings with agency points of contacts 
periodically to discuss emerging issues relating to the disposition of 
excess FIP resources.
    (c) Agencies shall--
    (1) Establish procedures for the reassignment of FIP equipment and 
software within the agency; and
    (2) Obtain approval from the agency DSO before reassigning outdated 
FIP equipment.
    (d) Agencies shall offer excess FIP equipment that is not outdated 
and has an OAC per component of $1 million or more to other Federal 
agencies in accordance with FIRMR Bulletin C-2.
    (e) Agencies may conduct exchange/sale transactions of FIP 
equipment and software not transferred to another agency without GSA 
approval. (Exchange/sale transactions for FIP equipment may be 
initiated in parallel with interagency screening, but screening of 
exchange/sale transactions with an OAC per component of $1 million or 
more shall be completed prior to concluding an exchange/sale 
transaction.) When an agency determines that FIP equipment will be 
replaced by exchanging or selling it, the agency shall follow the 
contracting policies and procedures in part 201-39 and the Federal 
Acquisition Regulation (FAR) and the policies and procedures on 
exchange/sale contained in 41 CFR part 101-46. FIP software 
transactions must be consistent with the limitations of any applicable 
license.
    (f) Agencies shall make available for surplus donation or 
subsequent sale, in accordance with 41 CFR parts 101-44 and 101-45, 
excess FIP equipment not exchanged, sold, reassigned, or transferred.
    (g) Agencies shall apply the policies and procedures of this part 
201-23 to FIP equipment used by grantees and contractors when FIP 
equipment is--
    (1) Acquired by the contractor or grantee under a contract or grant 
and the terms vest title in the Government or the Government is 
obligated or has the option to take over title;
    (2) Furnished to the grantee or contractor by the Government 
(Transfer of excess FIP equipment to agency project grantees shall be 
conducted in accordance with 41 CFR 101-43.314.); or
    (3) Operated by the grantee or contractor as part of a Government-
owned or Government-controlled facility.
    (h) Agencies may request GSA to review another agency's decision to 
transfer excess FIP equipment. Requests shall be sent to the General 
Services Administration, Acquisition Reviews Division, (KAA), 18th & F 
Streets, NW., Washington, DC 20405. [[Page 22021]] 

PART 201-24--GSA SERVICES AND ASSISTANCE

    2. The authority citation for part 201-24 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c) and 751(f).


Sec. 201-24.202  [Reserved]

    3. Section 201-24.202 is removed and reserved.

    Dated: March 22, 1995.
Francis A. McDonough,
Acting Deputy Commissioner for Information Technology (IT) Policy and 
Leadership.
[FR Doc. 95-10999 Filed 5-3-95; 8:45 am]
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