[Federal Register Volume 61, Number 1 (Tuesday, January 2, 1996)]
[Rules and Regulations]
[Pages 9-17]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31544]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 201-1, 201-2, 201-3, 201-4, 201-6, 201-7, 201-17, 201-
18, 201-20, 201-21, 201-22, 201-24 and 201-39
[FIRMR Amendment 7]
RIN 3090-AF31
Amendment of FIRMR Provisions To Ensure Currency and Relevancy
AGENCY: Information Technology Service, GSA.
ACTION: Final rule.
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SUMMARY: This document amends selected Federal Information Resources
Management Regulation (FIRMR) provisions to ensure the currency and
relevancy of the FIRMR. It is issued in accordance with Executive Order
12866 of September 30, 1993, which requires agencies to periodically
review their significant regulations to determine whether they should
be modified or eliminated.
This rule makes a number of changes to the FIRMR. Among the more
significant changes, are the following: add, change, or remove FIRMR
definitions and acronyms including redefining ``outdated equipment'' to
mean Federal information processing equipment over six years old that
is no longer in current production; revise provisions pertaining to
accessibility by individuals with disabilities to implement the new
focus in the Rehabilitation Act Amendment of 1992 on information rather
than equipment; permit agency heads to grant exceptions to the
mandatory use of a Federal Standard (FED-STD) after notification to
GSA; clarify the intent of the FIRMR requirement for agencies to
conduct requirements analyses ``commensurate with the size and
complexity of the need''; allow agencies to substitute similar
documentation prepared in response to programmatic needs for
requirements analyses; establish a threshold below which agencies do
not have to prepare a requirements analysis or analysis of
alternatives; clarify that agencies need only perform an analysis of
alternatives for those alternatives most feasible to implement; raise
the threshold from $50,000 to $1,000,000 for doing an analysis of
alternatives limited to demonstrating that the benefits of the
acquisition will outweigh the costs; specify ratification procedures
when a delegation of procurement authority (DPA) is required from GSA
but has not been obtained; remove the reporting requirements to GSA for
listening-in to or recording telephone conversations and toll-free
telephone service; clarify procedures for economical capability and
performance validation; revise the scope of obsolescence reviews to
include equipment that may be obsolescing; expand the exception from
$300,000 to $1,000,000 for award based on lowest offered purchase
price; clarify that agencies must submit post delegation information to
GSA for specific acquisition delegations; clarify procedures for
evaluating outdated and obsolete information technology; and remove an
antiquated clause concerning warranty exclusion and limitation of
damages.
EFFECTIVE DATE: This rule is effective February 1, 1996.
FOR FURTHER INFORMATION CONTACT: Judy Steele, GSA, Center for
Information Technology Policy and Regulations Management (KAR), 18th &
F Streets, NW., Room 3224, Washington, DC 20405, telephone FTS/
Commercial (202) 501-3194 (v) or (202) 501-0657 (tdd).
SUPPLEMENTARY INFORMATION: (1) This amendment incorporates provisions
of two notices of proposed rulemaking (NPR's) published in the Federal
Register (FR) on December 6, 1994 and January 10, 1995. The December 6,
1994, FR notice proposed various changes to several sections of the
FIRMR. The January 10, 1995, FR notice, erroneously published as an
amendment to Part 39 of the Federal Acquisition Regulation, provided
clarification regarding ratification procedures for contracts that
required a delegation of procurement authority (DPA) from GSA when the
DPA had not been obtained initially. The following summarizes the
changes being made as a result of these notices:
(a) Sections 201-1.003(a), 201-3.000, 201-3.001(a), 201-3.101, 201-
3.201(d), 201-3.3 and the title to part 201-3 are amended to
discontinue the opportunity for agencies to establish supplements to
the FIRMR as part of the Code of Federal Regulations (CFR). GSA has
determined that agencies have not issued such regulations in the CFR
since the establishment of the FIRMR, and that the provisions are
therefore unnecessary.
(b) Section 201-1.003 paragraph (d) is amended by deleting
responsibilities of the Archivist of the United States. It is the
intent of the FIRMR to only implement GSA's authorities and
responsibilities. Including the Archivist's responsibilities in the
FIRMR is, therefore, unnecessary.
(c) Section 201-2.001 paragraphs (a)(1) through (6) are removed.
The original text was taken from the Paperwork Reduction Act. However,
not all provisions were excerpted. This resulted in some confusion.
Accordingly, the text is being removed so that agencies will refer to
the Paperwork Reduction Act to learn the specific responsibilities of
the designated senior official.
(d) Section 201-2.001 paragraph (b) is amended by removing the last
sentence which pertained to agencies not subject to the Paperwork
Reduction Act. This information is adequately covered in Sec. 201-
2.002.
(e) Section 201-2.002 is amended by changing the sequence of
paragraphs (a) through (c). The revised sequence more accurately aligns
the responsibilities of the agency designated senior official (DSO).
(f) Section 201-3 discusses the organization of the FIRMR, how it
is supplemented with other guidance issuances, and its relationship to
the Federal Acquisition Regulation (FAR). Section 201-3.001 is amended
to remove unnecessary details which pertain to circumstances giving
rise to interim rules. This information is more appropriately discussed
in Sec. 201-3.203. Section 201-3.203 paragraph (c) replaces the term
``temporary change'' with the words ``interim rule'' to standardize
terminology pertaining to revising the FIRMR. Also removed for brevity
is a redundant sentence that lists the various types of guidance
material already described. For consistency, the enumeration of the
types of guidance issuances contained in the FIRMR (Sec. 201-
3.001(b)(1) through (3)) is changed to small roman numerals.
(g) Section 201-3.001 paragraph (b)(i) is amended to reflect the
current availability of the FIRMR on CD-ROM.
(h) Section 201-3.204 paragraph (a) is amended to update the phone
number for the Government Printing Office (GPO) Bookstore.
(i) In sections 201-4.001 and 201-39.201, the definition for
outdated FIP equipment is revised to shorten the period for determining
when FIP equipment is outdated. The FIRMR defines outdated FIP
equipment as any FIP equipment over eight years old, based on the
initial commercial installation date of that model of equipment, and
that is no longer in current production. This definition has been in
existence since 1986 when the product cycle of computer equipment was
four years. Since that time, the product life cycle has decreased to
about three years, and industry spokesmen state that this figure is
decreasing even more. When microcomputers are upgraded, the
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product cycle may be even less since typically they are upgraded by
replacing internal components. The ``chip'' life cycle for these
components is generally 18 to 24 months. Additionally, after five years
most computer equipment has little or no market value. In recognition
of these facts, the definition for outdated equipment is being revised
to shorten the time interval from eight to six years after the first
commercial installation at which point equipment no longer produced is
considered to be outdated.
(j) Section 201-4.001 is amended by adding a new definition for
``Records management.'' The FIRMR discusses records management in
subpart 201-9.1, but has never included a definition. The definition
added is the same as contained in OMB Circular A-130. Also, the
existing definitions of ``application software'' and ``common-use
software'' are designated as subcategories (a) and (b) respectively of
the larger term, ``Software'' for consistency of format.
(k) Section 201-4.002 is revised to include the following new
acronyms: CBD, FED-STD, FSTS, GAO, GSBCA, IRPMR, MOL, OAC, and POTS.
These acronyms were used in the FIRMR index, but previously were not
defined.
(l) Section 201-4.003, Applicable OMB Circulars, is being added. In
order to avoid future changes to FIRMR text caused by revisions of OMB
Circular titles, this new section is added to include the current
titles of all OMB Circulars referenced in the FIRMR.
(m) Section 201-6.001 is revised to add a new item (a)(5) to more
closely reflect the provisions of the Paperwork Reduction Act, as well
as address matters raised in OMB Circular A-130. These include
improving service delivery, dissemination of information, increasing
productivity, improving the quality of decision making, reducing fraud
and waste, and reducing the information collection burden on the
public. Section 201-6.001 is also revised to redesignate the previous
item (5) as new item (6).
(n) A series of revisions are being made due to Public Law 102-569
(dated October 29, 1992), which amended the Rehabilitation Act of 1973
by broadening the scope of accessibility for individuals with
disabilities. These revisions capture more thoroughly the intent of
Pub. L. 102-569. The previous version of the Rehabilitation Act only
required that GSA ensure those with disabilities can access
``electronic office equipment.'' The revised statute recognizes that
while equipment accessibility is important, that alone is not
sufficient because an agency's applications software and user
interfaces can impede the functional use of a computer if they do not
have features permitting use by individuals with disabilities. The
revised statutory provision emphasizes that all individuals must be
able to use technology to accomplish the same end objectives.
A new paragraph 201-6.002(g) is added to include as a predominant
consideration in the management and use of information and records, the
importance of ensuring that individuals with disabilities can produce
information and data, and have access to information and data,
comparable to the information and data, and access, respectively, of
others. Section 201-6.002 is also revised to redesignate the previous
item (g) as new item (h).
In addition to the insertion of 201-6.002(g), discussed above,
other provisions of the FIRMR pertaining to accessibility by
individuals with disabilities are being revised to incorporate the
statutory intent of Pub. L. 102-569. These other FIRMR provisions are:
--201-17.001(j)--Predominant Considerations in the Management and Use
of Federal Information Processing (FIP) Resources;
--201-18.001(e), which generally describes the Federal Government's
statutory responsibility to foster accessibility for individuals with
disabilities;
--201-18.002(c), which pertains to adoption of accessibility guidelines
in agency IRM plans; and
--201-20.103-7(a), which requires agencies to incorporate accessibility
requirements in their acquisitions of FIP resources.
(o) Section 201-7.001 paragraph (b) is revised to delete a
reference to canceled OMB Circular A-3.
(p) Section 201-7.002 paragraph (c) is revised to clarify when
information needs are determined. The existing text suggested that
information needs were to be determined before conducting a
requirements analysis. The revised text reflects that determining
information needs and analyzing requirements are frequently concurrent
activities.
(q) Section 201-9.202-1 paragraph (b)(9) is revised to update the
current mailing address for the Supply Management Division.
(r) The existing text in paragraph 201-20.001(d) referenced the
specific subjects of requirements analysis and analysis of alternatives
in the GSA Acquisition Guide series. The reference to the guide series
is unnecessary and is being deleted.
(s) Subpart 201-20.1 is revised to clarify GSA's intent regarding
the preparation of requirements analyses. Currently, the FIRMR requires
agencies to document their requirements for FIP resources ``by
conducting a requirements analysis commensurate with the size and
complexity of the need.'' Some agencies have questioned the necessity
of conducting a requirements analysis and preparing the required
documentation when a similar document has already been prepared in
conformance with agency programmatic needs. The FIRMR is being revised
to allow agencies to use such similar documents if they address the
basic information required in a requirements analysis.
Other agencies have misinterpreted the intent of the phrase
``commensurate with the size and complexity of the need,'' and, in some
cases, are over documenting requirements for small dollar acquisitions.
These small dollar acquisitions are usually for commercial items
readily available in the competitive marketplace. FAR planning
provisions and agencies' internal procurement procedures provide
sufficient information for requirements to justify small dollar value
acquisitions. To ensure more expeditious and efficient acquisitions,
this rule establishes a threshold for when agencies must conduct
requirements analyses and analyses of alternatives. Sections 201-20.102
and 201-20.202 are revised to eliminate the requirement to perform
requirements analyses and analyses of alternatives for acquisitions of
FIP resources when the total estimated system life costs of the FIP
resources are less than $500,000. Agencies may establish internal
documentation procedures when the acquisitions involve FIP resources
valued at less than $500,000. However, agencies are encouraged to keep
such documentation requirements to a minimum.
Additionally, Sec. 201-20.103 is revised to require that agencies
only consider the factors in this section if it is appropriate to do
so. This allows agencies to exercise discretion regarding whether or
not to include the factors in their requirements analyses.
(t) Subpart 201-20.2 requires agencies to perform an analysis of
alternatives based on the requirements analysis to determine the most
advantageous alternative that will meet their needs. Like the
requirements analysis, the analysis of alternatives must be
``commensurate with the size and complexity of the agency's need''. As
indicated in paragraph 201-20.203-1(a)(1), GSA's intention was that
agencies only include in the analysis of alternatives those
alternatives that are
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truly feasible to implement. It has come to our attention, however,
that some agencies are analyzing all alternatives, whether or not they
are feasible in the specific circumstance. This unnecessarily
complicates and lengthens the acquisition process. Accordingly, section
201-20.202, which states the FIRMR policy on performing analyses of
alternatives, is being revised to emphasize that agencies should limit
the number of alternatives analyzed to those that are most feasible to
implement. Other changes are also being made to this subpart. Section
201-20.203-2 is being revised to increase from $50,000 to $1,000,000
the threshold for performing a more detailed analysis of alternatives.
Accordingly, agencies must perform an analysis including use of the
present value of money if the estimated amount of their proposed
acquisition is more than $1,000,000 or an analysis that demonstrates
that the benefits of the acquisition will outweigh the costs if the
acquisition is less than $1,000,000. This change will help to
streamline the acquisition process by reducing documentation
requirements for a greater number of smaller acquisitions.
Additionally, paragraph 201-20.203-2(c) is being revised to delete
the title of OMB Circular A-94 and to move it to the new section 201-
4.003.
(u) Section 201-20.303 paragraph (d)(2) is revised to permit agency
heads to grant exceptions to FED-STDS provided GSA is notified at least
30 days prior to any granting of an exception to a FED-STD, e.g., in a
solicitation. This change empowers agencies to accomplish their
missions more effectively.
(v) Section 201-20.304 paragraphs (a) and b(1) deal with capability
and performance validation. They are revised to require use of
validation techniques that are more economical to Government and
industry than use of a benchmark or an operational capability
demonstration (OCD). In the early years of computing, comprehensive
benchmarks, stress tests, and OCDs were useful for validating
reliability, performance and other requirements. In today's mature
industry, the reliability and stability of the marketplace offerings
are much higher. Also, there is substantial empirical data available
from independent sources to assist agencies in assessing how a proposed
system will perform in their environment and with their workloads. As a
result, the use of benchmarks or OCDs may not be the most advantageous
approach in many acquisitions. This is more likely to be the case for
those acquisitions that do not require customized hardware and/or
software. Agencies will now be required to select the most economical
technique available that will meet their minimum needs. Additionally,
paragraph 201-20.304(b)(2) is revised to delete the adjective
``actual'' in front of the word ``requirements''. The word ``actual''
caused some confusion about the meaning of ``When a benchmark is used
as part of performance validation, agencies shall ensure, that the FIP
software selected for benchmarks is representative of actual
requirements . . . '' In fact, agencies acquire systems to accommodate
a workload over a life cycle of some years. An agency's definition of
its requirements at the time of acquisition is its best estimate of
workload that will ultimately occur over the ensuing years.
(w) Section 201-20.305 is being amended to recognize the fact that
GSA will, at the request of an agency, grant authority to the agency to
ratify a contract awarded without the necessary specific acquisition
DPA. The amendment also clarifies that procurement actions taken prior
to contract award do not necessarily have to be repeated. It should be
noted that the agency designated officials already have the authority
to permit ratification of contracts valued at less than the agencies'
regulatory or specific agency delegation thresholds.
(x) Section 201-20.305-3 is revised to emphasize the agency
requirement for the submission of post delegation information to GSA
for specific delegations. With the increased emphasis on results
oriented performance, GSA will seek information demonstrating that
agencies are obtaining the benefits cited in their agency procurement
requests. Also, this section's reference to a specific acquisition DPA
under the Trail Boss program is being deleted. Although the Trail Boss
approach is being retained and its use encouraged, special DPAs will no
longer be required.
(y) Section 201-21.201 paragraph (b) is revised to reflect the
current name and symbol of a GSA organization.
(z) Section 201-21.301 paragraphs (a) and (d) are revised to delete
references to OMB Circular A-130, Appendix III.
(aa) Section 201-21.401 paragraph (c) is revised to remove
references to OMB Circular A-130, Appendix II, which is proposed for
revision; and to remove the title of the Circular since it appears in
the new section 201-4.003.
(bb) Section 201-21.403 is amended to change the annual report date
from November 30 to October 20 for reporting the dollar amount charged
to users for the sharing of excess FIP resources. This earlier due date
allows for more timely submission of GSA's consolidated Governmentwide
report to Congress.
(cc) Section 201-21.601(c)(3) is amended to change the reference
from 5 CFR 735.205 to 5 CFR 2635.704, to reflect a change in the
regulations covering the use of telephone calls placed over Government
provided telephone systems.
(dd) Section 201-21.603 is amended to delete the agency reporting
requirement. Agencies that listen-in or record conversations for public
safety, public service monitoring or to assist individuals with
disabilities must notify GSA in writing at least 30 days before the
operational date. This notification provision is being removed because
it places an unnecessary burden on agencies. GSA does not have any
affirmative enforcement or other function with regard to listening-in
that would make this reporting requirement necessary. Such
responsibilities rest solely with the reporting agency. Accordingly, in
line with placing authority and responsibility at the appropriate
level, this reporting requirement will be removed as will the provision
that GSA will periodically review agency listening-in activities.
(ee) Section 201-21.604, requires agencies to forward to GSA copies
of each order for toll free telephone service. Documentation submitted
is to include estimates of monthly costs and usage, and cite the
relevant statute, Executive Order, or other regulation directing the
toll free service. This provision is being removed because the use of
toll-free telephone services is sufficiently routine that close
supervision by GSA is no longer needed. Removal of this provision
reduces costly and burdensome over-regulation and places authority and
responsibility with the agency.
(ff) Section 201-22.303 is revised to expand the scope of the
subpart. Currently, this provision requires agencies to review the use
of equipment that is already outdated and to determine if continued use
is economical. This provision is revised also to expand the scope of
the review to include equipment that may be obsolescent. This change is
made to encourage agencies to ensure that their FIP equipment always
remains economical and efficient. Guidelines are provided to assist
agencies in identifying obsolescent equipment. Agencies are encouraged
to replace their obsolescent equipment if the cost of continued use
exceeds the cost of acquiring and operating newer technology.
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(gg) Section 201-39.1001-1 is amended by removing the words ``OMB
Bulletin 88-16'' in paragraph (i) and adding in their place ``OMB
Bulletin 90-08''.
(hh) Sections 201-39.1402-2 paragraph (c) and 201-39.1501-2
paragraph (c) are revised to increase the thresholds below which
certain factors need not be considered in determining the lowest bid or
total proposed cost, respectively. In determining the lowest bid in a
sealed bidding acquisition, Sec. 201-39.1402-1 requires agencies to
factor in costs pertaining to life cycle support and conversion. In
determining the total cost of a proposal in a negotiated acquisition,
Sec. 201-39.1501-1 requires agencies to factor in costs pertaining to
life cycle support and conversion. These thresholds are increased from
$300,000 to $1,000,000 in order to give agencies greater discretion in
managing their acquisitions. For the same reason, the ``per item''
thresholds are increased from $25,000 to $100,000.
(ii) Subpart 201-39.46 is amended to delete provisions that are
more adequately addressed in FAR Subpart 46. This subpart addresses
quality assurance and provides guidance limiting contractor liability
in contracts for FIP resources. Unless circumstances warrant otherwise,
contracting officers are instructed to insert a limitation of liability
clause found at Sec. 201-39.5206. FAR Subpart 46 also provides guidance
on limitation of contractor liability. The FAR's guidance is more
comprehensive and flexible than is the FIRMR's. The FAR provides
multiple contractual clauses from which a contracting officer must
choose. One clause applies to contracts for the delivery of non-high
value end items, a second to the delivery of high-value end items, and
a third to the provision of services. Contracting officers are
instructed to combine relevant parts of each clause for contracts
involving more than one of these categories. Accordingly, the FIRMR
provision and clause found at section 201-39.5202-6 are removed so that
the corresponding FAR provision will apply.
(2) This rule was submitted to, and reviewed by, the Office of
Management and Budget in accordance with Executive Order 12866,
Regulatory Planning and Review. 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.). GSA has
determined that this rule is not a significant rule for the purposes of
Executive Order 12866 of October 4, 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 201-1, 201-2, 201-3, 201-4, 201-6,
201-7, 201-17, 201-18, 201-20, 201-21, 201-22, 201-24, and 201-39
Archives and records, Computer technology, Telecommunications,
Government procurement, Property management, Records management, and
Federal information processing resources activities.
Accordingly 41 CFR parts 201-1, 201-2, 201-3, 201-4, 201-6, 201-7,
201-17, 201-18, 201-20, 201-21, 201-22, 201-24, and 201-39 are amended
as follows:
PART 201-1--APPLICABILITY AND AUTHORITY
1. The authority citation for part 201-1 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
Sec. 201-1.003 [Amended]
2. Section 201-1.003 is amended by removing the word ``system'' in
paragraph (a) and removing paragraph (d).
PART 201-2--DESIGNATED SENIOR OFFICIALS
3. The authority citation for part 201-2 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
4. Section 201-2.001 is revised to read as follows:
Sec. 201-2.001 General.
The PRA requires that the head of each executive agency designate a
senior official who shall report directly to the agency head. The
designated official is responsible for carrying out the IRM function
assigned to the agency by the PRA.
Sec. 201-2.002 [Amended]
5. Section 201-2.002 is amended by redesignating paragraphs (a),
(b), and (c) as paragraphs (c), (a), and (b) respectively.
Sec. 201-2.003 [Amended]
6. Section 201-2.003 is amended by removing the words ``18th and F
Streets, NW.,'' in paragraph (a).
PART 201-3--THE FIRMR
7. Part 201-3 is amended by revising the heading to read as set
forth above.
8. The authority citation for part 201-3 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
9. Section 201-3.000 is revised to read as follows:
Sec. 201-3.000 Scope of part.
This part describes the Federal Information Resources Management
Regulation.
10. Section 201-3.001 is revised to read as follows:
Sec. 201-3.001 General.
(a) The Federal Information Resources Management Regulation (FIRMR)
is codified in the Code of Federal Regulations (CFR) and includes
interim rules which have the same effect as final rules.
(b) From time to time, the General Services Administration (GSA)
will issue nonregulatory publications to provide guidance and
information:
(1) FIRMR bulletins contain guidance and information on various
information resources management areas. FIRMR bulletins do not
constitute binding authority, but should be used as an aid in
understanding GSA programs and the FIRMR. FIRMR bulletins are published
in Appendix B of the looseleaf edition of the FIRMR and are available
along with the FIRMR from GPO by subscription or on GSA's CD-ROM.
(2) Handbooks and reports address specific program or technical
areas where the audience generally will be defined by the subject
matter.
(3) Appendix C of the looseleaf edition of the FIRMR contains a
listing of current bulletins, handbooks, and reports and information on
how to obtain them.
Sec. 201-3.101 [Amended]
11. Section 201-3.101, is amended by removing the word ``system''.
12. Section 201-3.201 is amended by revising paragraph (d) to read
as follows:
Sec. 201-3.201 Issuance.
* * * * *
(d) The FIRMR is issued as chapter 201 of title 41, CFR.
13. Section 201-3.203 is amended by revising paragraph (c) to read
as follows:
Sec. 201-3.203 Maintenance.
* * * * *
[[Page 14]]
(c) The Administrator of General Services may issue an interim rule
to the FIRMR when solicitation of comments is impractical due to urgent
and compelling circumstances (e.g., when a new statute must be
implemented in a relatively short period of time). However, the interim
rule will make provision for a public comment period of at least 30
days for consideration in the formulation of the final change to the
FIRMR.
Sec. 201-3.204 [Amended]
14. Section 201-3.204 is amended by removing the phone number
``275-2091'' in paragraph (a) and adding in its place ``512-0132''.
Subpart 201-3.3--[Removed and Reserved]
15. Subpart 201-3.3 is removed and reserved.
PART 201-4--DEFINITIONS, ACRONYMS AND OMB CIRCULARS
16. The heading for part 201-4 is revised as set forth above.
17. The authority citation for Part 201-4 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
18. Section 201-4.000 is revised to read as follows:
Sec. 201-4.000 Scope of part.
This part defines words, terms, acronyms, and OMB Circulars used in
the FIRMR.
Sec. 201-4.001 [Amended]
19. Section 201-4.001 is amended in the definition Information
resources management by adding ``(IRM)'' preceding the word ``means''.
20. Section 201-4.001 is amended by removing the word ``eight'' in
the definition Outdated FIP equipment and adding in its place ``six''.
21. Section 201-4.001 is amended by adding a new definition in
alphabetical order to read as follows:
Sec. 201-4.001 Definitions.
* * * * *
Records management means the planning, controlling, directing,
organizing, training, promoting, and other managerial activities
involved with records creation, records maintenance and use, and
records disposition in order to achieve adequate and proper
documentation of the policies and transactions of the Federal
Government and effective and economical management of agency operations
(44 U.S.C. 2901(2)).
* * * * *
22. Section 201-4.001 is amended by removing the undesignated
center heading ``Software'', adding a definition for Software in its
place, designating entries Application software and Common-use software
as paragraphs (a) and (b) under the definition for Software, to read as
follows:
* * * * *
Software includes--
(a) Application software * * *
(b) Common-use software * * *
* * * * *
23. Section 201-4.002 is amended by adding in alphabetical order
new acronyms and by placing the acronyms ``GSA'' and ``GPO'' in
alphabetical order to read as follows:
Sec. 201-4.002 Acronyms.
* * * * *
CBD means Commerce Business Daily.
* * * * *
FED-STD means Federal Telecommunications Standards.
* * * * *
FSTS means Federal Secure Telephone Service.
* * * * *
GAO means General Accounting Office.
* * * * *
GSBCA means General Services Board of Contract Appeals.
* * * * *
IRPMR means Information Resources Procurement and Management
Review.
* * * * *
MOL means Maximum Ordering Limitation.
* * * * *
OAC means Original Acquisition Cost.
* * * * *
POTS means Purchase of Telephones and Services.
* * * * *
24. Section 201-4.003 is added to read as follows:
Sec. 201-4.003 Applicable OMB Circulars.
The following applicable OMB Circulars may be obtained from the OMB
Publications office by calling (202) 395-7332:
A-11 Preparation and submission of budget estimates.
A-94 Benefit-cost analysis of Federal programs; guidelines and
discounts.
A-109 Major system acquisition.
A-127 Financial management systems.
A-130 Management of Federal information resources.
PART 201-6--PREDOMINANT CONSIDERATIONS
25. The authority citation for part 201-6 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
26. Section 201-6.001 is amended by revising paragraphs (a)(3) and
(a)(5) and adding paragraph (a)(6) to read as follows:
Sec. 201-6.001 General.
(a) * * *
(3) Maximize the usefulness of information collected, maintained,
and disseminated by the Federal Government;
* * * * *
(5) Ensure that FIP resources are acquired and used by the Federal
Government in a manner which improves service delivery and program
management, increases productivity, improves the quality of
decisionmaking, reduces waste and fraud, and reduces the information
collection burden on the public; and
(6) Ensure that the collection, maintenance, use, and dissemination
of information by the Federal Government is consistent with applicable
laws, regulations, and executive orders.
* * * * *
27. Section 201-6.002 is amended by redesignating paragraphs (g)
through (m) as paragraphs (h) through (n), respectively, and adding a
new paragraph (g) to read as follows:
Sec. 201-6.002 Predominant considerations.
* * * * *
(g) Ensure that individuals with disabilities can produce
information and data, and have access to information and data,
comparable to the information and data, and access, respectively, of
other individuals;
* * * * *
PART 201-7--PLANNING
28. The authority citation for part 201-7 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
29. Section 201-7.001 is amended by revising the first sentence of
paragraph (b) to read as follows:
Sec. 201-7.001 General.
* * * * *
(b) The Paperwork Reduction Act (44 U.S.C. Chapter 35) OMB Circular
No. A-11, and No. A-130, and the Computer Security Act of 1987 (Public
Law 100-235, 101 Stat. 1724 (40 U.S.C. 759 note)) require agencies to
conduct various information resources management (IRM) planning
activities. * * *
* * * * *
[[Page 15]]
30. Section 201-7.002 is amended by revising paragraph (c) to read
as follows:
Sec. 201-7.002 Policies.
* * * * *
(c) Ensure that the agency's information needs are documented on a
timely basis, for example when conducting a requirements analysis for
FIP resources.
PART 201-17--PREDOMINANT CONSIDERATIONS
31. The authority citation for part 201-17 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
32. Section 201-17.001 is amended by revising paragraph (j) to read
as follows:
Sec. 201-17.001 Predominant considerations.
* * * * *
(j) Provide individuals with disabilities (employees and others who
create and/or use the agency's information and data) the ability to
produce information and data, and have access to information and data,
comparable to the information and data produced and accessed by other
individuals;
* * * * *
PART 201-18--PLANNING AND BUDGETING
33. The authority citation for part 201-18 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
34. Section 201-18.001 is amended by revising paragraph (e) to read
as follows:
Sec. 201-18.001 General.
* * * * *
(e) Section 508 of the Rehabilitation Act Amendment of 1992 (Pub L.
102-569, 29 U.S.C. 794d) requires the Federal Government to adopt
guidelines for information and data accessibility designed to ensure
that individuals with disabilities can produce information and data,
and have access to information and data, comparable to information and
data, and access, respectively, of other individuals. This Act requires
that agencies comply with such guidelines. FIRMR Bulletin C-8, provides
guidance on planning for FIP resources to accommodate the needs of
individuals with disabilities.
* * * * *
35. Section 201-18.002 is amended by revising paragraph (c) to read
as follows:
Sec. 201-18.002 Policies.
* * * * *
(c) Agencies shall adopt information and data accessibility
guidelines similar to those described in FIRMR Bulletin C-8 in their
planning process.
* * * * *
PART 201-20--ACQUISITION
36. The authority citation for part 201-20 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
Sec. 201-20.001 [Amended]
37. Section 201-20.001 is amended by removing paragraph (d).
38. Section 201-20.102 is revised to read as follows:
Sec. 201-20.102 Policy.
Agencies shall establish and document requirements for FIP
resources by conducting a requirements analysis, or similar study,
commensurate with the size and complexity of the need except for those
acquisitions when the total dollar value of the FIP resources,
including all optional quantities and periods over the life of the
contract, does not exceed $500,000. A requirements analysis shall not
be performed when the value of the FIP resources does not exceed the
$500,000 threshold. An agency may follow its own internal procedure for
documenting requirements valued at less than $500,000. Agencies shall
justify all requirements for other than full and open competition in
accordance with FAR Part 6 whether or not a requirements analysis is
performed.
39. Section 201-20.103 is revised to read as follows:
Sec. 201-20.103 Procedures.
Agencies shall consider the factors in Secs. 201-20.103-1 through
201-20.103-11 in establishing requirements, as applicable.
40. Section 201-20.103-7 is amended by revising paragraph (a) to
read as follows:
Sec. 201-20.103-7 Accessibility requirements for individuals with
disabilities.
(a) Agencies shall acquire FIP resources that allow individuals
with disabilities to produce information and data, and have access to
information and data, comparable to the information and data, and
access, respectively, of other individuals. Agency plans shall address
both present and future needs.
* * * * *
41. Section 201-20.202 is revised to read as follows:
Sec. 201-20.202 Policy.
Using the results of the requirements analysis as the basis,
agencies shall conduct an analysis of alternatives commensurate with
the size and complexity of the requirement to identify the most
advantageous alternative to the Government. The number of alternatives
analyzed should be limited to those considered the most feasible to be
implemented. Agencies shall not conduct analyses of alternatives for
those acquisitions where the total dollar value of the FIP resources,
including all optional quantities and periods over the life of the
contract, does not exceed $500,000. Agencies shall instead follow their
own internal procedures to identify the most advantageous alternative.
42. Section 201-20.203-2 is revised to read as follows:
Sec. 201-20.203-2 Cost for each alternative.
(a) In the analysis of alternatives, agencies shall calculate the
total estimated cost, using the present value of money, for each of the
most feasible alternatives unless the anticipated cost of the
acquisition is $1,000,000 or less. The total estimated cost for each
alternative shall include system life cost for that alternative and any
other costs that can be identified with the alternative incurred either
before or after the system life period.
(b) When the anticipated cost of the acquisition is $1,000,000 or
less, the analysis may be limited to demonstrating that the benefits of
the acquisition will outweigh the costs.
(c) Agencies shall follow guidance in OMB Circular No. A-94, when
calculating the cost of each alternative.
43. Section 201-20.303 is amended by revising paragraph (d)(2) to
read as follows:
Sec. 201-20.303 Standards.
* * * * *
(d) * * *
(2) Exceptions. An agency head may grant an exception to the
mandatory use of a FED-STD upon receipt of adequate documentation. If
an agency head grants an exception to the use of an individual FED-STD,
a deviation from the FIRMR is not required. However, GSA must be
notified at least 30 days prior to issuing a solicitation for which an
exception has been granted. Notification shall be sent to: General
Services Administration, Office of Technology Policy and Leadership
(KAR), 18th & F Streets, NW., Washington, DC 20405.
44. Section 201-20.304 is amended by removing paragraph (b)(1),
redesignating paragraph (b)(2) as paragraph (b)(1), revising paragraph
(a) and adding new paragraph (b)(2) to read as follows:
Sec. 201-20.304 Capability and performance validation.
(a) Policy. When acquiring FIP resources, an agency shall use the
most
[[Page 16]]
economical technique available to provide reasonable assurance that
capability and performance requirements are met.
(b) * * *
(2) When a benchmark is used as part of performance validation,
agencies shall ensure that the FIP software selected for the benchmark
is representative of the requirements and requires the minimum amount
of reprogramming or conversion.
45. Section 201-20.305 is amended by adding paragraph (b)(5) to
read as follows:
Sec. 201-20.305 Delegation of GSA's exclusive procurement authority.
* * * * *
(b) * * *
(5) If an agency awards a contract that requires a DPA from GSA but
a DPA has not been obtained from GSA, the agency may request authority
from GSA's Office of Technology Policy and Leadership (KAA) to ratify
the contract in accordance with FAR 1.602-3 (48 CFR 1.602-3).
Procurement actions taken by the agency prior to receiving the
authority do not need to be repeated.
46. Section 201-20.305-3 is revised to read as follows:
Sec. 201-20.305-3 Specific acquisition delegations.
(a) Agencies shall submit an agency procurement request (APR) to
GSA and receive a specific acquisition DPA if the acquisition is not
covered by a regulatory or specific agency DPA. Procedures for
requesting a DPA for a specific acquisition are provided in FIRMR
Bulletin C-5.
(b) GSA may require agencies to submit post delegation information
such as contract award, milestone schedules, contract costs, program
performance measures, and technology costs.
PART 201-21--OPERATIONS
47. The authority citation for part 201-21 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
Sec. 201-21.201 [Amended]
48. Section 201-21.201 is amended by removing the words ``Federal
Equipment Data Center (WKHE)'' in paragraph (b) and adding in their
place ``Federal Data Systems Division (WKH)''.
Sec. 201-21.301 [Amended]
49. Section 201-21.301 is amended by removing the words ``Appendix
III to'' in paragraph (a).
Sec. 201-21.303 [Amended]
50. Section 201-21.303 is amended by removing the words ``Appendix
III'' in paragraph (d).
51. Section 201-21.401 is amended by revising paragraph (c) to read
as follows:
Sec. 201-21.401 General.
* * * * *
(c) OMB Circular No. A-130, establishes Governmentwide procedures
for cost accounting and recovery for shared resources.
Sec. 201-21.403 [Amended]
52. Section 201-21.403 is amended by removing the date ``November
30'' in paragraph (a)(2)(ii) and adding in its place ``October 20''.
Sec. 201-21.601 [Amended]
53. Section 201-21.601 is amended by removing the CFR cite ``5 CFR
735.205'' in paragraph (c)(3) introductory text and adding in its place
``5 CFR 2635.704''.
54. Section 201-21.603 is amended by revising paragraphs (d)(1) and
(d)(2), removing paragraph (d)(3), redesignating paragraphs (d)(4) and
(d)(5) as paragraphs (d)(3) and (d)(4), respectively, and removing
paragraph (d)(6), to read as follows:
Sec. 201-21.603 Listening-in to or recording telephone conversations.
* * * * *
(d) Procedures. (1) Agencies that plan to listen-in to or record
telephone conversations under paragraph (c)(2), (3), or (4) of this
section shall prepare a determination of need. A determination as used
in this section means a written justification signed by the agency head
or the agency head's designee, that specifies the operational need for
listening-in to or recording telephone conversations; indicates the
specific system and location where monitoring is to be performed; lists
the number of telephones or recorders involved; and establishes
operating times and an expiration date for the monitoring.
(2) Agencies shall review, at least every 2 years, the need for
each determination authorizing listening-in or recording. Agency
documentation to continue or terminate the program shall be maintained
in agency files.
* * * * *
Sec. 201-21.604 [Removed]
55. Section 201-21.604 is removed.
PART 201-22--REVIEW AND EVALUATION
56. The authority citation for part 201-22 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
57. Section 201-22.303 is revised to read as follows:
Sec. 201-22.303 Procedures.
(a) Agencies shall evaluate their existing outdated and/or
obsolescent FIP resources to determine whether the cost of operating
them is greater than the cost of acquiring and operating
technologically newer resources. FIRMR Bulletin C-27 provides guidance
that can be used for identifying obsolescent equipment.
(b) When the cost of operating existing outdated and/or obsolescent
FIP resources is greater than the cost of acquiring and operating
technologically newer resources, agencies shall replace the existing
less cost effective resources.
PART 201-24--GSA SERVICES AND ASSISTANCE
58. The authority citation for part 201-24 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
Sec. 201-24.001 [Amended]
59. Section 201-24.001 is amended by removing paragraph (g).
PART 201-39--ACQUISITION OF FEDERAL INFORMATION PROCESSING (FIP)
RESOURCES BY CONTRACTING
60. The authority citation for part 201-39 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
61. The heading of subpart 201-39.1 is amended by removing the word
``System''.
62. Section 201-39.001 is revised to read as follows:
Sec. 201-39.001 General.
(a) In addition to this part 201-39, contracting officers should
review and be familiar with the policies and procedures contained in
the complete FIRMR, for example, parts 201-20 and 201-24 of this
chapter.
(b) To assist Federal agencies in preparing solicitations for FIP
resources, the General Services Administration (GSA) prepares standard
solicitations and other guidance. Federal agencies can obtain copies of
the standard solicitations by contacting: U.S. Government Printing
Office, Attn: Electronic Products, P.O. Box 37082, Washington, DC
20013-7082, Telephone number: (202) 512-1530, Facsimile number: (202)
512-1262. For information on obtaining acquisition guides contact the
Federal IT Reference Center at (202) 501-4860.
[[Page 17]]
Sec. 201-39.201 [Amended]
63. Section 201-39.201 is amended by removing the word ``eight'' in
the definition Outdated FIP equipment, and adding in its place the word
``six''.
Sec. 201-39.1001-1 [Amended]
64. Section 201-39.1001-1 is amended by removing the numbers ``88-
16'' in paragraph (i), and adding in their place ``90-08''.
Sec. 201-39.1402-2 [Amended]
65. Section 201-39.1402-2 is amended by removing the number
``$25,000'' in paragraph (b) and adding in its place ``$100,000'', and
also by removing the number ``$300,000'' in paragraph (c) and adding in
its place ``$1,000,000''.
Sec. 201-39.1501-2 [Amended]
66. Section 201-39.1501-2 is amended by removing the number
``$25,000'' in paragraph (b) and adding in its place ``$100,000'', and
also by removing the number ``$300,000'' in paragraph (c) and adding in
its place ``$1,000,000''.
Subpart 201-39.46--[Removed and Reserved]
67. Subpart 201-39.46 is removed and reserved.
Sec. 201-39.5202-6 [Removed and Reserved]
68. Section 201-39.5202-6 is removed and reserved.
Dated: October 27, 1995.
Roger W. Johnson,
Administrator of General Services.
[FR Doc. 95-31544 Filed 12-29-95; 8:45 am]
BILLING CODE 6820-25-P