Amendment of FIRMR Provisions To Modify Requirements for Obtaining Delegations of Procurement Authority

GENERAL SERVICES ADMINISTRATION

41 CFR Parts 201-20 and 201-24

[FIRMR Interim Rule 2, Supplement 1]

RIN 3090-AE 71

Amendment of FIRMR Provisions To Modify Requirements for

Obtaining Delegations of Procurement Authority

AGENCY: Information Technology Service, GSA.

[[Page 2724]]

ACTION: Interim rule with request for comments.

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SUMMARY: This change to the Federal Information Resources Management

Regulation (FIRMR) revises policies regarding delegations of

procurement authority from GSA for the acquisition of Federal

information processing (FIP) resources. In a FIRMR rule change issued

October 24, 1994, GSA established three tiers of regulatory thresholds

for information technology resources: $20 million, $10 million, and $5

million based on the size of an agency's information technology budget

and its management record. In letters to all Federal agencies dated

June 19, 1995, GSA granted specific agency delegations of procurement

authority of $100 million to each agency. This rule change codifies

that higher delegation authority by establishing $100 million as the

regulatory threshold for agency acquisitions of FIP resources. This

change is made in continuation of a long term GSA trend to place

greater authority in the hands of the operating agencies. The higher

threshold will allow agencies to assume greater responsibility for

their acquisitions while allowing GSA to focus on larger, more complex

acquisitions. In addition to increasing the dollar amount of regulatory

delegations thresholds, this interim rule strongly encourages agency

Designated Senior Officials (DSO's) to redelegate a minimum of 25

percent of GSA's exclusive procurement authority for FIP resources to

qualified officials at other levels, and changes the approving

authority for exceptions to the use of GSA's consolidated local

telecommunications service.

DATES: This amendment is effective immediately upon publication.

Comments will be considered in the final rule, but must be received on

or before February 28, 1996.

FOR FURTHER INFORMATION CONTACT:

Doris Farmer, GSA/MKR, FTS/Commercial (202) 501-0960 (v), Internet

([email protected]), or (202) 501-0657 (tdd).

SUPPLEMENTARY INFORMATION: (1) This interim rule enables GSA to focus

on high dollar, high risk agency information technology acquisitions.

It provides more authority to agencies, while continuing to require

increased measures of accountability and outcomes. The increased

authority allows agencies to further streamline their internal

acquisition management and review functions. It also promotes

improvements in early agency planning and analysis of business

processes that may be improved through the use of information

technology. (2) An explanation of the changes being made follows:

(a) Subsection 201-20.305(a) is amended to encourage DSO's to

redelegate a minimum of 25 percent of the monetary value of GSA's

delegated procurement authority to other qualified agency officials at

lower organizational levels where sufficient expertise exists. Such

redelegations will further expedite FIP acquisitions and provide for a

more efficient process. DSO's who elect not to redelegate at least 25

percent, or who withdraw earlier delegations, must advise GSA in

writing of the circumstances that will not allow redelegation and the

management action being taken to allow such redelegation in the future.

This change greatly increases the authority granted agencies in Interim

Rule 2, which stated that agencies could only redelegate a maximum of

50 percent of their delegated authority.

(b) Subsection 201-20.305-1 is amended to establish a new

regulatory delegation of procurement authority of $100 million for

acquiring FIP resources without prior approval from GSA. This dollar

threshold also applies to specific make and model requirements and

requirements available from only one source.

(c) Subsection 201-24.102(c)(2) is amended to inform agencies to

submit requests for exceptions to the use of consolidated local

telecommunications service directly to the Federal Telecommunications

Service (TT) for review.

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

Management and Budget in accordance with Executive Order 12866,

Regulatory Planning and Review.

(4) The recordkeeping provisions of the Paperwork Reduction Act do

not apply because the FIRMR changes do not impose information

collection requirements or collection of information from offerors,

contractors, or members of the public which require the approval of OMB

under 44 U.S.C. 3501 et seq.

List of Subjects in 41 CFR Parts 201-20 and 201-24

Archives and records, Computer technology, Federal information

processing resources activities, Government procurement, Property

management, Records management, and Telecommunications.

For the reasons set forth in the preamble, GSA is amending 41 CFR

Parts 201-20 and 201-24 as follows:

PART 201-20--ACQUISITION

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

follows:

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

2. Section 201-20.305 is amended by revising paragraphs (a)(3) and

(a)(5) as follows:

Sec. 201-20.305 Delegation of GSA's exclusive procurement authority.

* * * * *

(3) The agency's DSO should redelegate, at a minimum, 25 percent of

the monetary value of GSA's delegated exclusive authorities for FIP

resources to qualified officials possessing the expertise to conduct

and manage FIP acquisitions.

* * * * *

(5) DSO's who elect not to redelegate at least 25 percent of the

monetary value of the delegated authority, or who withdraw a

delegation, shall advise GSA/MKA, 18th and F Streets, NW., Washington,

DC 20405, in writing, of the circumstances involving such redelegations

and their plan regarding redelegations within the agency.

* * * * *

3. Section 201-20.305-1 is amended by revising paragraphs (a)(1)

introductory text and (a)(3) introductory text, 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 $100 million, and if either paragraph

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

* * * * *

(3) Use or acquisition of FIP resources from the following GSA

contracting programs do not require delegations of procurement

authority from GSA:

* * * * *

PART 201-24--GSA SERVICES AND ASSISTANCE

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

follows:

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

2. Section 201-24.102 is amended by revising paragraph (c)(2) as

follows:

Sec. 201-24.102 Consolidated local telecommunications service.

* * * * *

(c) * * *

(2) Agencies shall submit requests for exceptions to the use of

consolidated

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local telecommunications services to: GSA, Federal Telecommunications

Service (TT), 1730 M Street, NW., Suite 200, Washington, DC 20036.

* * * * *

Dated: October 11, 1995.

Roger W. Johnson,

Administrator of General Services.

[FR Doc. 96-1140 Filed 1-26-96; 8:45 am]

BILLING CODE 6820-25-M