[Federal Register Volume 60, Number 216 (Wednesday, November 8, 1995)]
[Rules and Regulations]
[Pages 56248-56249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27582]



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GENERAL SERVICES ADMINISTRATION
41 CFR Part 201-39

RIN 3090-AF57


Amendment of FIRMR Provisions to Provide For Multi-Agency Use of 
Contracts For Federal Information Processing (FIP) Resources

AGENCY: Information Technology Service, GSA.

ACTION: Final rule.

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SUMMARY: This document amends Federal Information Resources Management 
Regulation (FIRMR) provisions to provide for multi-agency use of 
contracts for FIP resources, and address the applicability of Federal 
Acquisition Regulation (FAR) subpart 17.5 when one agency acquires FIP 
resources through another agency's contract which has been awarded 
pursuant to a delegation of procurement authority from GSA under the 
Brooks Act.

DATES: This rule is effective December 8, 1995.

FOR FURTHER INFORMATION CONTACT:
Judy Steele, GSA/KAR at (202) 501-3194 (v) or (202) 501-0657 (tdd).

SUPPLEMENTARY INFORMATION: (1) A notice of proposed rulemaking (NPR) 
was published in the Federal Register on December 7, 1993, clarifying 
requirements when one agency acquires FIP resources through another 
agency's contract. All comments were considered, and, where possible, 
incorporated into the final rule.
    (2) A significant concern of some commenters was that the proposed 
rule did not sufficiently address the relationship of the Economy Act 
to the Brooks Act when an agency acquires FIP resources through another 
agency's contract and transfers associated funds. When one agency uses 
another agency's contract, statutory authority must exist for use of 
the contract and for a related transfer of funds. One authority is the 
Economy Act (31 U.S.C. 1535). If the Economy Act is used, agencies must 
comply with implementing provisions in FAR subpart 17.5. Agencies may 
use the Brooks Act (40 U.S.C. 759) as the statutory authority for 
Federal interagency agreements for goods and services within the scope 
of the Brooks Act. The Brooks Act provides GSA authority independent of 
the Economy Act to procure, lease or transfer FIP resources for Federal 
agencies. By its terms, GSA's procurement authority under the Brooks 
Act can be delegated to other agencies. If the Brooks Act applies, the 
Economy Act provisions under 31 U.S.C. 1535 do not apply. When agencies 
comply with the policies and procedures established in this amendment 
in acquiring FIP resources, they are acting under GSA's delegated 
Brooks Act authority. Therefore, a related transfer of funds when using 
contracts that are made available by GSA for use on a Governmentwide 
basis may be made without regard to the Economy Act. However, the 
timing of obligations is governed by various authorities, the terms of 
the appropriating act itself, legislation authorizing the 
appropriation, the organic or enabling legislation which prescribes a 
function or creates a program with the appropriated funds, statutory 
provisions that allow or prohibit use of appropriated funds, and 
general rules that have been developed through the Comptroller General 
and the courts. If an agency uses the Brooks Act as authority for a 
transfer of funds for FIP resources, a binding agreement between the 
agency providing the funds and the agency that will issue an order 

[[Page 56249]]
against a contract would normally constitute an obligation of funds by 
the agency providing the funds, absent any prohibition or condition on 
an agency's expenditure of the funds involved. The revised amendment 
clarifies that the Brooks Act is the appropriate authority when 
agencies use contracts that have been awarded pursuant to a delegation 
of procurement authority from GSA under 40 U.S.C. 759. The revised 
amendment also consolidates the procedures presented in the NPR for the 
use of such contracts.
    (3) Section 201-39.1702 is added to permit agencies to make new 
indefinite-delivery/indefinite-quantity type contracts for commercial 
FIP products and services available for use by all agencies, and to 
clarify that FAR subpart 17.5 does not apply when agencies use another 
agency's contract that has been awarded pursuant to a delegation of 
authority from GSA under 40 U.S.C. 759.
    (4) GSA has determined that this rule is not a significant 
regulatory action for the purposes of Executive Order 12866. It is 
certified that this rule will not have a significant economic impact 
upon a substantial number of small entities under the Regulatory 
Flexibility Act of 1980 (5 U.S.C. 601, et seq.).

List of Subjects in 41 CFR Part 201-39

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

PART 201-39--ACQUISITION OF FEDERAL INFORMATION PROCESSING (FIP) 
RESOURCES BY CONTRACTING

    1. The authority citation for part 201-39 continues to read as 
follows:

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

    2. Section 201-39.1700 is revised to read as follows:


Sec. 201-39.1700  Scope of subpart.

    This subpart prescribes policies and procedures for using options 
and contracts available to Federal agencies for FIP resources.
    3. Sections 201-39.1702, 201-39.1702-1 and 201-39.1702-2 are added 
to read as follows:


Sec. 201-39.1702  Interagency Acquisitions.


Sec. 201-39.1702-1  Policy.

    FAR subpart 17.5 concerning interagency acquisitions does not apply 
when acquiring or providing FIP resources under a contract which has 
been awarded pursuant to a delegation of procurement authority from GSA 
under 40 U.S.C. 759. Agencies should cite 40 U.S.C. 759 as their 
contracting authority.


Sec. 201-39.1702-2  Procedures.

    (a) Agencies are encouraged to make new indefinite-delivery/
indefinite-quantity (IDIQ) contracts for commercial FIP products and 
services available for use by other agencies.
    (1) Contracts must be awarded using full and open competition.
    (2) Contract provisions should allow other Federal agencies to use 
the contracting agency's contract to satisfy requirements that are 
within the scope of products and services available under the contract 
until the total contract dollars are expended, subject to ordering 
limitations imposed by the contracting agency. At the contracting 
agency's discretion, other agencies may use portions of the contract 
not needed by the contracting agency.
    (3) In addition, contract requirements for products and services 
may be increased up to twenty percent beyond the contracting agency's 
requirements in anticipation of overall greater use by the government 
without conducting additional studies to determine the anticipated 
needs of other agencies that may place orders under the contract. Use 
of the contract by other agencies should not be limited to the percent 
contract requirements are increased. Other agencies should have 
priority for use of the percent that the contract requirements are 
increased.
    (b) There are no specific limitations on agencies combining similar 
requirements under a single consolidated contract when the requirements 
of individual agencies are determined in accordance with FIRMR subpart 
201-20.1.

    Dated: October 27, 1995.
Roger W. Johnson,
Administrator of General Services.
[FR Doc. 95-27582 Filed 11-7-95; 8:45 am]
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