Amendment of Miscellaneous FIRMR Provisions

GENERAL SERVICES ADMINISTRATION

41 CFR Parts 201-3, 201-4, 201-9, 201-18, 201-20, 201-21, 201-23,

201-24, and 201-39

[FIRMR Amdt. 2]

RIN 3090-AE75

Amendment of Miscellaneous FIRMR Provisions

AGENCY: Information Resources Management Service, GSA.

ACTION: Final rule.

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SUMMARY: This document amends Federal Information Resources Management

Regulation (FIRMR) provisions with regard to: updating General Services

Administration (GSA) offices and symbols; changing the definition of

``performance validation''; providing GSA advance notice of agency

offices authorized to submit agency procurement requests; clarifying

delegation of procurement authority (DPA) requirements for using GSA's

Information Resources Management Service (IRMS) contracts programs and

services; clarifying provisions regarding DPAs, including acquisitions

when an agency uses the Small Business Administration's (SBA's) 8(a)

Program for Federal information processing (FIP) resources; changing

procedures for obtaining exceptions to the use of FTS2000 and

clarifying that determinations regarding whether the FTS2000 network

will be used in an acquisition is subject to GSA approval; and changing

the Purchase of Telecommunications Services (POTS) Program from a

mandatory-for-use program to a nonmandatory program.

EFFECTIVE DATE: This rule is effective December 30, 1994.

FOR FURTHER INFORMATION CONTACT:

Anne Horth, GSA/KMR at (202) 501-0960 (v) or (202) 501-0657 (tdd).

SUPPLEMENTARY INFORMATION: (1) Notices of proposed rulemaking (NPRs)

were published in the Federal Register (FR) on September 21 and

December 7, 1993 proposing various amendments to several sections of

the FIRMR. The September 21 FR notice contained proposed amendments

regarding acquisitions to be issued through SBA's 8(a) Program and

regarding procedures when using GSA's nonmandatory schedule contracts.

The December 7 FR notice contained other miscellaneous changes as noted

in the Summary above, including provisions regarding the use by one

agency of another agency's contracts for FIP resources. Changes in the

December 7 FR notice regarding nonmandatory schedules, the Federal IRM

Review Program, and the use of other agency contracts (except for

contracts and services provided by GSA/IRMS) will be covered in a

separate amendment. To expedite issuance, all other amendments are

combined in this final rule

(2) All comments were considered and, where possible, incorporated

into the final rule. While most of the comments were resolved in the

final amendment, a few comments could not be fully accommodated. Also,

in an effort to keep regulations to a minimum, where a subject is

already covered, additional provisions will not be included. Major

comments that will not be reflected in the amendment are addressed

below.

(a) Requests were made for explanations as to when justifications

for specific make and model and for other than full and open

competition are required for 8(a) contracts. FIRMR Sec. 201-39.601

already requires a justification for specific make and model that

applies to all acquisitions, including 8(a) acquisitions. The Federal

Acquisition Regulation (FAR) contains rules governing documentation for

SBA's 8(a) Program contracts. Additional FIRMR provisions are not

required, but this does not preclude GSA from asking for supporting

documentation in specific cases when SBA's 8(a) Program is used.

(b) There were requests to include provisions requiring that

agencies be informed of the scope and manner of GSA reviews and that

would have the effect of regulating the timing of reviews. These

changes are not desirable in view of the changing nature of the reviews

program and since agencies are now notified of pending reviews.

(c) Suggestions that agencies, not GSA, make determinations

regarding FTS2000 exceptions were not accepted because of GSA's

statutory responsibilities.

(d) Suggestions that were not particularly relevant to the

published notices were not addressed in this amendment, but will be

reviewed for future bulletins or FIRMR changes.

(3) Explanations of the changes made by this amendment are shown

below:

(a) Various sections of the FIRMR are amended to update GSA offices

and symbols.

(b) FIRMR part 201-4 is amended to change the definition of

``performance validation'' to reflect that benchmarking is not the only

method of validation. FIRMR Bulletin C-4 is also being revised to

reflect this change.

(c) Section 201-20.305(a) is amended to require agencies to provide

GSA the position title and organizational identity of offices

authorized to submit agency procurement requests for DPAs.

(d) Section 201-20.305-1 is amended to clarify that a delegation is

not required for FIP supplies even though they may be part of an

acquisition that contains other FIP resources. It will serve to correct

an error in FIRMR Interim Rule 2 appearing in the October 24, 1994

Federal Register.

(e) Section 201-20.305-1 is also amended to clarify that, when an

agency elects to use SBA's 8(a) Program to acquire FIP resources, the

FIRMR policies and delegation thresholds for obtaining DPAs apply. This

final rule is responsive to agencies' concerns about when the DPA

thresholds apply; explains the difference between a requirement

``available from only one responsible source'' and a ``sole source''

acquisition issued under SBA's 8(a) Program; and explains that the

thresholds apply to all FIP resource acquisitions (including indefinite

delivery, indefinite quantity contracts). The FAR contains general

policies that apply to all acquisitions. The FIRMR, which is the

primary regulation for FIP acquisitions, contains policies and

procedures that are unique to FIP resources. In acquiring FIP

resources, acquisition personnel must follow the policies and

procedures in the FAR except in those areas where the FIRMR prescribes

special policies and procedures. This applies to acquisitions using

SBA's 8(a) Program for FIP resources. To apply DPA thresholds to

acquisitions conducted through SBA, an agency needs to determine if the

requirement is (i) a specific make and model, or (ii) a requirement for

which only one source of supply or service exists. If a requirement

fits into either of these categories, a delegation is required if the

value of combined FIP resources (including optional periods and

quantities) exceeds the regulatory delegation threshold established in

the FIRMR for the agency for a specific make and model or a requirement

available from only one responsible source, unless the agency has a

specific agency delegation at a different level. In all other cases,

the higher regulatory delegation threshold established for the agency

applies, unless the agency has a specific agency delegation at a

different level.

(f) Section 201-24.101-3 is amended to (i) provide a new address to

which requests for exceptions to the use of FTS2000 are submitted, and

(ii) clarify procedures when an agency's intercity telecommunications

may fall outside the scope of FTS2000. Requirements for intercity

telecommunications within the United States, Guam, Puerto Rico, or the

Virgin Islands must be submitted to GSA for inclusion in the FTS2000

program or for a final determination as to whether a requirement is

outside the scope of FTS2000. The changes will ensure that agencies

follow appropriate procedures when acquiring intercity

telecommunications services.

(g) Section 201-24.104 is deleted to remove the POTS Program from

GSA's mandatory programs. Agencies are encouraged to consider use of

POTS, since the contracts are competed and provide cost-effective

services. This change allows flexibility to agencies to acquire

telecommunications resources that are most advantageous to their

individual needs.

(h) Subpart 201-39.8 is amended to remove provisions that require

mandatory use of the POTS contracts. The POTS contracts are available

for use on a nonmandatory basis as an optional source of supply. The

name of the program is changed to ``Purchase of Telecommunications

Services.''

(i) The FIRMR Index is amended to reflect references changed or

added by this amendment.

(4) This rule was submitted to, and approved by, the Office of

Management and Budget in accordance with Executive Order 12866,

Regulatory Planning and Review. The 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 Parts 201-3, 201-4, 201-9, 201-18, 201-20,

201-21, 201-23, 201-24, and 201-39

Archives and records, Computer technology, Telecommunications,

Government procurement, Property management, Records management,

Federal information processing resources activities.

PART 201-3--THE FIRMR SYSTEM

1. The authority citation for part 201-3 continues to read as

follows:

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

Sec. 201-3.402 [Amended]

2. In Sec. 201-3.402, paragraph (b), remove the words ``Policy and

Regulations Division (KMP)'' and add in their place the words

``Regulations Analysis Division (KMR).''

PART 201-4--DEFINITIONS AND ACRONYMS

3. The authority citation for part 201-4 continues to read as

follows:

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

4. In Sec. 201-4.001, the definition of ``performance validation''

is revised to read as follows:

Sec. 201-4.001 Definitions.

* * * * *

Performance validation means the technical verification of the

ability of a proposed FIP system configuration or replacement component

to meet agency specified performance requirements.

* * * * *

PART 201-9--CREATION, MAINTENANCE, AND USE OF RECORDS

5. The authority citation for part 201-9 continues to read as

follows:

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

Sec. 201-9.202-1 [Amended]

6. In Sec. 201-9.202-1, paragraph (b)(7), remove the words

``Standards Branch (KMPS)'' and add in their place ``Regulations

Analysis Division (KMR).''

Sec. 201-9.202-2 [Amended]

7. In Sec. 201-9.202-2, paragraph

(b)(1)(ix), remove the words ``Authorizations Branch (KMAS)'' and add

in their place ``Acquisition Reviews Division (KMA).''

PART 201-18--PLANNING AND BUDGETING

8. The authority citation for part 201-18 continues to read as

follows:

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

Sec. 201-18.003 [Amended]

9. In Sec. 201-18.003 remove the words ``Authorization and

Management Reviews Division (KMA)'' and add in their place

``Acquisition Reviews Division (KMA).''

PART 201-20--ACQUISITION

10. The authority citation for part 201-20 continues to read as

follows:

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

Sec. 201-20.303 [Amended]

11. In Sec. 201-20.303, paragraph (d)(2), remove the words ``Policy

and Regulations Division (KMP)'' and add in their place ``Regulations

Analysis Division (KMR).''

Sec. 201-20.305 [Amended]

12. Section 201-20.305 is amended by adding paragraph (a)(7) to

read as follows:

(a) * * *

(7) The DSO shall provide, in writing, the position title and

organizational identity of offices authorized to submit a request for a

DPA from GSA to: General Services Administration, Acquisition Reviews

Division (KMA), 18th and F Streets, NW., Washington, DC 20405.

* * * * *

13. Section 201-20.305-1 is amended by revising paragraph (a)(1)

and adding paragraph (c) as follows:

Sec. 201-20.305-1 Regulatory delegations.

* * * * *

(a) * * *

(1) FIP equipment, software, services, and support services when

the total estimated dollar value of all of the FIP resources to be

acquired under the contract, including all optional items and all

option periods, does not exceed $20,000,000 ($2,000,000 for a specific

make and model or a requirement available from only one responsible

source) for Department of the Air Force, Department of the Army,

Department of Defense/Office of the Secretary of Defense, Department of

Energy, Department of Health and Human Services, Department of the

Navy, Department of Transportation, Department of the Treasury, and

National Aeronautics and Space Administration; $10,000,000 ($1,000,000

for a specific make and model or a requirement available from only one

responsible source) for Department of Agriculture, Department of

Commerce, Environmental Protection Agency, General Services

Administration, Department of the Interior, Department of Justice,

Department of State, and Department of Veterans Affairs; $5,000,000

($500,000 for a specific make or model or a requirement available from

only one responsible source) for all agencies; and if either paragraph

(a)(1) (i), (ii), or (iii) of this section applies:

* * * * *

(c) When an agency acquires FIP resources through the Small

Business Administration's 8(a) Program, the regulatory delegations in

paragraph (a)(1) above apply unless an agency is granted specific

agency delegations with different thresholds. If a requirement to be

satisfied through the 8(a) Program is for a specific make and model or

is one that is available from only one responsible source, the lower of

the two specific agency delegation thresholds (or, if none exists, the

FIRMR regulatory delegation thresholds) applies. For all other

acquisitions, the higher of the two specific agency delegation

thresholds (or, if none exists, the FIRMR regulatory delegation

thresholds) apply. For acquisitions conducted through SBA's 8(a)

Program, a requirement available from only one responsible source is

one for which only one source of supply or service exists. The fact

that the requirement is directed to one particular source under SBA's

8(a) Program does not necessarily mean the requirement is available

from only one responsible source. When using an indefinite delivery,

indefinite quantity contract, the FIRMR thresholds apply to the maximum

value of all combined FIP resources (including optional periods and

quantities), not the minimum guaranteed value.

PART 201-21--OPERATIONS

14. The authority citation for part 201-21 continues to read as

follows:

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

Sec. 201-21.403 [Amended]

15. In Sec. 201-21.403, paragraph (a)(2)(ii), remove the words

``Authorizations Branch (KMAS)'' and add in their place ``Acquisition

Reviews Division (KMA).''

Sec. 201-21.603 [Amended]

16. In Sec. 201-21.603, paragraphs (d)(1) and (d)(3), remove the

words ``Regulations Branch (KMPR)'' and add in their place

``Regulations Analysis Division (KMR).''

Sec. 201-21.604 [Amended]

17. In Sec. 201-21.604(a) remove the words ``Authorizations Branch

(KMAS)'' and add in their place ``Acquisition Reviews Division (KMA).''

PART 201-23--DISPOSITION

18. The authority citation for part 201-23 continues to read as

follows:

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

Sec. 201-23.003 [Amended]

19. In Sec. 201-23.003, paragraphs (a) and (c), remove the words

``Authorizations Branch (KMAS)'' and add in their place ``Acquisition

Reviews Division (KMA).''

PART 201-24--GSA SERVICES AND ASSISTANCE

20. The authority citation for part 201-24 continues to read as

follows:

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

Sec. 201-24.101-2 [Amended]

21. Section 201-24.101-2 is amended by revising the introductory

text of paragraph (a) to read as follows:

(a) Federal agencies shall use the FTS2000 network to satisfy long

distance telecommunications requirements within the United States,

Guam, Puerto Rico, or the Virgin Islands for requirements which are

within the scope of FTS2000 network voice, data, and video services as

such services become available unless:

* * * * *

Sec. 201-24.101-3 [Amended]

22. In Sec. 201-24.101-3, paragraph (a), remove the words

``Information Resources Management Service, Office of Network Services

(KN), Customer Services Branch'' and add in their place ``Office of

FTS2000 (T).''

23. Section 201-24.101-3 is amended by revising paragraph (d) and

adding paragraph (g) to read as follows:

Sec. 201-24.101-3 Procedures.

* * * * *

(d) Any agency exception request shall be sent to the General

Services Administration/Office of FTS2000 (T) at the appropriate

offices listed in FIRMR Bulletin C-18.

* * * * *

(g) If an agency has a requirement for long distance

telecommunications within the United States, Guam, Puerto Rico, or the

Virgin Islands that may be outside the scope of FTS2000, the

requirement shall be submitted to GSA/T prior to initiating acquisition

action. An exception to the mandatory use of FTS2000 will be given if

GSA determines the service cannot be provided by FTS2000. Additionally,

if a requirement is above the regulatory or specific agency delegation,

and FTS2000 is not used, a specific acquisition delegation must be

obtained. Requests for an exception and a DPA may be submitted

simultaneously to GSA.

Sec. 201-24.102 [Amended]

24. In Sec. 201-24.102, paragraph (c)(2), remove the words

``Authorizations and Management Reviews Division'' and add in their

place ``Acquisition Reviews Division.''

Sec. 201.24.104 [Reserved]

25. Section 201-24.104 is removed and reserved.

PART 201-39--ACQUISITION OF FEDERAL INFORMATION PROCESSING

RESOURCES (FIP) BY CONTRACTING

26. The authority citation for part 201-39 continues to read as

follows:

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

27. Section 201-39.001 is amended by revising paragraph (b) to read

as follows:

Sec. 201-39.001 General.

* * * * *

(b) To assist Federal agencies in preparing solicitations for FIP

resources, the General Services Administration (GSA) makes available

standard solicitations and other guidance. Copies may be obtained by

contacting: GSA, Regulations Analysis Division (KMR), 18th and F

Streets, NW., Washington, DC 20405. Acquisition guides may be obtained

by contacting: GSA, Agency Liaison Division (KML), 18th and F Streets,

NW., Washington, DC 20405.

Sec. 201-39.101-6 [Amended]

28. In Sec. 201-39.101-6, paragraph (b), remove ``(KMPR)'' and add

in its place ``(KMR).''

Sec. 201-37.104-1 [Amended]

29. In Sec. 201-39.104-1, paragraph (b)(3), remove the words

``Policy and Regulations Division (KMP)'' and add in their place

``Regulations Analysis Division (KMR).''

30. Sections 201-39.802, 201-39.802-1, 201-39.802-2, and 201-

39.802-3 are revised to read as follows:

Sec. 201-39.802 Purchase of Telecommunications Services (POTS)

contracts.

Sec. 201-39.802-1 General.

(a) GSA has established nonmandatory POTS contracts to provide an

optional source for telecommunications supplies and services, including

purchase, installation, maintenance, repair, de-installation, and

relocation of both contractor-provided and Government-owned telephone

equipment, at locations throughout the country.

(b) The POTS contracts are available for use by all Federal

agencies.

(c) Federal agencies may obtain information and assistance

concerning the use of POTS contracts from: GSA, Technical Contract

Management Division (KVT), 18th and F Streets, NW., Washington, DC

20405.

Sec. 201-39.802-2 Policies.

(a) Federal agencies may use POTS contracts when the requirements

are within the scope of the POTS contracts.

(b) Use of the POTS contracts is a competitive procedure.

(c) Orders issued under a POTS contract are not subject to the

publication requirements in FAR Part 5.

Sec. 201-39.802-3 Procedures.

Procedures for using the POTS program are contained in FIRMR

Bulletin C-21.

31. Section 201-39.3304-1 is revised to read as follows:

Sec. 201-39.3304-1 Protest notice.

Within one working day after receiving a copy of the protest, the

contracting officer shall give oral or written notice of the protest

to: General Services Administration, Acquisition Reviews Division

(KMA), 18th and F Streets, NW., Washington, DC 20405, telephone (202)

501-1566. If the protest involves an acquisition issued under a

specific acquisition delegation of procurement authority (DPA), the DPA

number shall be provided to GSA with the notice. If the protest

involves an acquisition issued under a regulatory or specific agency

DPA, the solicitation number and the total dollar value of the

acquisition shall be provided to GSA with the notice.

FIRMR Index [Amended]

32. The following reference in the FIRMR Index is revised to read

as follows:

* * * * *

POTS--201-39.802 Bulletin C-21

* * * * *

Dated: October 7, 1994.

Roger W. Johnson,

Administrator of General Services.

[FR Doc. 94-28111 Filed 11-29-94; 8:45 am]

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