CHAPTER 201\-\--FEDERAL INFORMATION RESOURCES MANAGEMENT REGULATION

SUBCHAPTER A\--GENERAL

Part

201-1 Applicability and authority

201-2 Designated senior officials

201-3 The FIRMR

201-4 Definitions, acronyms and OMB Circulars

201-5 \[Reserved\]

SUBCHAPTER B\--MANAGEMENT AND USE OF INFORMATION AND

RECORDS

201-6 Predominant considerations

201-7 Planning

201-8 \[Reserved\]

201-9 Creation, maintenance, and use of records

201-10 \[Reserved\]

201-11 Review and evaluation

201-12 through 201-16 \[Reserved\]

SUBCHAPTER C\--MANAGEMENT AND USE OF FEDERAL

INFORMATION PROCESSING RESOURCES

201-17 Predominant considerations

201-18 Planning and budgeting

201-19 \[Reserved\]

201-20 Acquisition

201-21 Operations

201-22 Review and evaluation

201-23 Disposition

201-24 GSA Services and assistance

201-25 through 201-38 \[Reserved\]

SUBCHAPTER D\--ACQUISITION OF FEDERAL INFORMATION

PROCESSING RESOURCES BY CONTRACTING

201-39 Acquisition of Federal information processing resources

by contracting

SUBCHAPTER A\--GENERAL

Part 201-1 Applicability and Authority

Sec.

201-1.000 Scope of part.

201-1.001 \[Reserved\]

201-1.002 Applicability

201-1.002-1 Policy.

201-1.002-2 Exceptions.

201-1.000-3 Procedures.

201-1.003 Authority.

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

201-1.000 Scope of part.

This part prescribes the extent to which the Federal

Information Resources Management Regulation (FIRMR) applies to

the creation, maintenance, and use of Federal records and the

acquisition, management, and use of Federal information

processing (FIP) resources by Federal agencies. It also

discusses the basic authority for the FIRMR.

201-1.001 \[Reserved\]

201-1.002 Applicability.

201-1.002-1 Policy.

The FIRMR applies to:

\(a\) The acquisition, management, and use of FIP resources by

Federal agencies.

\(b\) Any Federal agency solicitation or contract when either

paragraph (b)(1), (b)(2), or (b)(3) applies:

\(1\) The solicitation or contract requires the delivery

of FIP resources for use by a Federal agency or users designated

by the agency.

\(2\) The solicitation or contract explicitly requires

the use by the contractor of FIP resources that are not

incidental to the performance of the contract. FIP resources

acquired by a contractor are incidental to the performance of a

contract when:

\(i\) None of the principal tasks of the contract

depend directly on the use of the FIP resources; or

\(ii\) The requirements of the contract do not have

the effect of substantially restricting the contractor\'s

discretion in the acquisition and management of FIP resources,

whether the use of FIP resources is or is not specifically stated

in the contract.

\(3\) The solicitation or contract requires the

performance of a service or the furnishing of a product that is

performed or produced making significant use of FIP resources

that are not incidental to the performance of the contract.

Significant use of FIP resources means:

\(i\) The service or product of the contract could

not reasonably be produced or performed without the use of FIP

resources; and

\(ii\) The dollar value of FIP resources expended by

the contractor to perform the service or furnish the product is

expected to exceed \$500,000 or 20 percent of the estimated cost

of the contract, whichever amount is lower.

\(c\) The creation, maintenance, and use of records by Federal

agencies.

201-1.002-2 Exceptions.

\(a\) The FIRMR does not apply to the procurement of FIP

resources:

\(1\) By the Central Intelligence Agency.

\(2\) By the Department of Defense when the function,

operation or use of such resources:

\(i\) Involves intelligence activities, cryptologic

activities related to national security, the command and control

of military forces, or equipment that is an integral part of a

weapon or weapons system; or

\(ii\) Is critical to the direct fulfillment of

military or intelligence missions, provided that this exclusion

shall not include FIP resources used for routine administrative

and business applications such as payroll, finance, logistics,

and personnel management.

\(b\) The FIRMR does not apply to radar, sonar, radio or

television equipment, except that the FIRMR is used by GSA to

implement Federal Telecommunications Standards for radio

equipment.

\(c\) When both FIP and other resources are being acquired

under the same solicitation or contract and the FIRMR applies to

the solicitation or contract, the FIRMR applies only to the FIP

resources.

\(d\) Where the value of the FIP resources to be delivered

does not exceed \$500,000 and constitutes only a minimal dollar

amount of the contract, or is of little consequence to the major

purpose of the contract, the FIRMR does not apply.

\(e\) While the FIRMR may require an agency to include in

Federal solicitations and contracts provisions and clauses that

control the contractor\'s acquisition of FIP resources, the FIRMR

does not apply to FIP resources acquired by a Federal contractor

that are incidental to the performance of a contract.

\(f\) The FIRMR does not apply to the acquisition, management,

and use of products containing embedded FIP equipment when:

\(1\) The embedded FIP equipment would need to be

substantially modified to be used other than as an integral part

of the product, or

\(2\) The dollar value of the embedded FIP equipment is

less than \$500,000 or less than 20 percent of the value of the

product, whichever amount is lower. Embedded FIP equipment is

FIP equipment that is an integral part of the product, where the

principal function of the product is not the \"automatic

acquisition, storage, manipulation, management, movement,

control, display, switching, interchange, transmission, or

reception of data or information. In an acquisition where

multiple products are acquired, the exception applies to each

discrete product.\"

\(g\) The FIRMR does not apply to the acquisition, management,

and use of FIP resources that will be used in or as embedded FIP

resources (equipment, software or supplies) in products excepted

from FIRMR coverage under 201-1.002-2(f). This exception

includes replacement or upgrades of the embedded FIP resources,

regardless of the cost.

201-1.002-3 Procedures.

FIRMR Bulletin A-1 provides an analytical framework, guidance,

and examples for use in determining whether the FIRMR applies to

an acquisition. Agencies should use this bulletin to assist them

in understanding FIRMR applicability provisions.

201-1.003 Authority.

\(a\) The FIRMR is prepared, issued, and maintained, and the

FIRMR is prescribed, by the Administrator of General Services

under the Federal Property and Administrative Services Act of

1949, Public Law 152, 81st Congress (63 Stat. 377), as amended

(the \"Property Act\"), particularly sec. 205(c) (40 U.S.C.

486(c)), sec. 101(f) (40 U.S.C. 751(f)), and other authorities

cited.

\(b\) The authority conferred upon the Administrator of

General Services by 40 U.S.C. 759 shall not be construed as to

impair or interfere with the determination by agencies of their

individual FIP resources requirements, including the development

of specifications for and the selection of the types and

configurations of resources needed.

\(c\) The General Services Administration\'s (GSA\'s) records

management authorities and responsibilities are defined under 44

U.S.C. 2901 et seq., which requires the Administrator to, among

other things, provide guidance and assistance to Federal agencies

to ensure economical and effective records management by

agencies.

Part 201-2 Designated Senior Officials

Sec.

201-2.000 Scope of part.

201-2.001 General.

201-2.002 Policies.

201-2.003 Procedures.

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

201-2.000 Scope of part.

This part discusses the role of the agency designated senior

official (DSO) which includes both:

\(a\) The senior official designated by executive agencies

pursuant to the Paperwork Reduction Act (PRA), as amended, (44

U.S.C. 3501, et seq.) to be responsible for carrying out the

agency\'s information resources management (IRM) functions; and

\(b\) The senior IRM official designated by the agency head

for Federal agencies not subject to the PRA to be responsible for

acquisitions of FIP resources made pursuant to a delegation of

procurement authority (DPA).

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.

201-2.002 Policies.

\(a\) The DSO shall be responsible for implementing the

policies contained in the FIRMR.

\(b\) The DSO may redelegate GSA\'s exclusive authorities for

FIP resources to qualified officials. Such redelegations shall

not relieve the DSO of the responsibility for conduct of and

accountability for acquisitions of FIP resources made under a DPA

from GSA.

\(c\) The heads of Federal agencies not subject to the PRA

shall designate a senior IRM official to be responsible for

acquisitions of FIP resources made pursuant to a DPA.

201-2.003 Procedures.

\(a\) Each Federal agency head shall advise GSA in writing of

the position title and organizational identity of the DSO. The

address is: GSA, Assistant Commissioner for Federal Information

Resources Management (KA).

\(b\) The policies and procedures on delegation of GSA\'s

exclusive procurement authority are contained in 201-20.305.

\(c\) The DSO\'s relationship to agency contracting officials

is discussed in 201-39.106.

Part 201-3 The FIRMR

Sec.

201-3.000 Scope of part.

201-3.001 General.

Subpart 201-3.1 Purpose.

201-3.100 Scope of subpart.

201-3.101 Purpose.

201-3.102 Relationship to the Federal Acquisition

Regulation (FAR).

Subpart 201-3.2 Administration of the FIRMR.

201-3.200 Scope of subpart.

201-3.201 Issuance.

201-3.202 Structure.

201-3.203 Maintenance.

201-3.204 Copies.

Subpart 201-3.3 \[Removed and Reserved\]

Subpart 201-3.4 Deviations from the FIRMR.

201-3.400 Scope of subpart.

201-3.401 Policy.

201-3.402 Exception.

201-3.403 Procedures.

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

201-3.000 Scope of part.

This part describes the Federal Information Resources

Management Regulation.

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 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 and using 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.

Subpart 201-3.1 Purpose.

201-3.100 Scope of subpart.

This subpart describes the purpose of the FIRMR and its

relationship to the Federal Acquisition Regulation (FAR).

201-3.101 Purpose.

The FIRMR is established to publish and codify uniform policies

and procedures pertaining to information resources management

activities by Federal agencies.

201-3.102 Relationship to the Federal Acquisition Regulation

(FAR).

\(a\) Part 201-39 contains Governmentwide policies and

procedures unique to the acquisition of FIP resources by

contracting. The FIRMR relies on the FAR for general policies

and procedures to be used in acquiring these resources. The

policies and procedures of part 201-39 are in addition to, not in

lieu of, the FAR policies and procedures, except when the FIRMR

specifically requires its policies and procedures, and not those

of the FAR, to be followed.

\(b\) Notwithstanding the fact that the FAR is for the use of

executive agencies in the acquisition of supplies and services,

Federal agencies not otherwise subject to the FAR shall use the

FAR in conjunction with the FIRMR when acquiring FIP resources.

Subpart 201-3.2 Administration of the FIRMR.

201-3.200 Scope of subpart.

This subpart describes the issuance, structure, and maintenance

of the FIRMR. It also describes how to obtain copies of the

FIRMR.

201-3.201 Issuance.

\(a\) The FIRMR is published in:

\(1\) The FEDERAL REGISTER;

\(2\) The CFR (cumulated form); and

\(3\) A separate looseleaf edition available by

subscription.

\(b\) Amendments and interim rules are published in the

FEDERAL REGISTER, the CFR, and in looseleaf form. Bulletins are

published in looseleaf form only.

\(c\) Handbooks and reports are published as separate

stand-alone documents.

\(d\) The FIRMR is issued as chapter 201 of title 41, CFR.

201-3.202 Structure.

\(a\) Numbering. The FIRMR is divided into subchapters,

parts, subparts, sections, and subsections within Chapter 201 of

Title 41 of the CFR. Subsection 201-9.202-1 is identified as

follows:

Chapter Part Subpart Section Subsection

201- 9. 2 02 -1

\(b\) References and citations.

\(1\) This regulation may be referred to as the Federal

Information Resources Management Regulation or the FIRMR.

\(2\) This regulation is cited as \"41 CFR 201-\" followed

by the appropriate subordinate division numbers.

201-3.203 Maintenance.

\(a\) The Commissioner, Information Resources Management

Service, GSA is responsible for:

\(1\) Preparing proposed changes to the FIRMR;

\(2\) Soliciting comments on proposed changes to the

FIRMR;

\(3\) Considering all comments received in response to

notices of proposed changes;

\(4\) Arranging for agency and public meetings regarding

FIRMR changes;

\(5\) Preparing any final change in the appropriate FIRMR

format and language;

\(6\) Submitting any final change to the FEDERAL REGISTER

Liaison Officer for publication in the FEDERAL REGISTER and

printing for distribution; and

\(7\) Performing miscellaneous administrative tasks

pertaining to the maintenance of the FIRMR.

\(b\) The Administrator of General Services is responsible for

signing all FIRMR amendments and interim rules.

\(c\) 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.

201-3.204 Copies.

\(a\) Copies of the FIRMR in FEDERAL REGISTER (daily) and CFR

(cumulative form, annually updated) form may be purchased from

the Government Printing Office (GPO) Bookstore, Washington, DC

20402, telephone: (202) 512-0132.

\(b\) Copies of the FIRMR in looseleaf edition (cumulative

reprint plus amendments, interim rules, and bulletins) may be

purchased by subscription from GPO.

Subpart 201-3.3 \[Removed and Reserved\]

Subpart 201-3.4 Deviations from the FIRMR.

201-3.400 Scope of subpart.

This subpart prescribes the policies and procedures for

authorizing deviations from the FIRMR.

201-3.401 Policy.

Deviations from the FIRMR shall be kept to a minimum consistent

with the specific needs and statutory authorities of each agency.

Individual and class deviations may be authorized by GSA\'s

Commissioner, Information Resources Management Service, or the

officials designated by the Commissioner for this purpose.

201-3.402 Exception.

\(a\) For an acquisition limited solely to providing

electronic office equipment accessibility for employees with

disabilities, an individual deviation from the FIRMR may be

authorized by the agency\'s DSO or the DSO\'s authorized

representative. This deviation authority is limited to those

FIRMR provisions that:

\(1\) Are not specifically prescribed by statute or

executive order;

\(2\) Do not change the level of procurement authority

delegated from GSA to the agency; and

\(3\) Impede or obstruct the acquisition of technology

for employees with disabilities.

\(b\) A deviation authorized under paragraph (a) of this

section may be granted immediately upon a written determination

by the agency, identifying those FIRMR provisions impeding or

obstructing the acquisition of technology for employees with

disabilities. Agencies shall promptly provide a copy of each

determination and deviation to: General Services Administration,

Regulations Analysis Division (KAR), 18th & F Streets, NW,

Washington, DC 20405.

201-3.403 Procedures.

\(a\) The agency head or designee shall prescribe an agency

procedure for the control of requests for deviations from the

FIRMR. The procedure should include coordination with the agency

DSO as appropriate. Agencies shall provide a copy of this

procedure upon request to the address in 201-3.402(b).

\(b\) Each request shall explain the nature of and the reasons

for the deviation.

\(c\) Agencies shall forward requests for deviations to the

address in 201-3.402(b).

Part 201-4 Definitions, Acronyms and OMB Circulars

Sec.

201-4.000 Scope of part.

201-4.001 Definitions.

201-4.002 Acronyms.

201-4.003 Applicable OMB Circulars.

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

201-4.000 Scope of part.

This part defines words, terms, acronyms and OMB Circulars used

in the FIRMR.

201-4.001 Definitions.

Agency means Federal agency.

Agency procurement request (APR) means a request by a Federal

agency for GSA to acquire Federal information processing (FIP)

resources or for GSA to delegate the authority to acquire FIP

resources.

Augmentation means adding to or upgrading existing FIP hardware

or software to increase its productivity or prolong its useful

life.

Automatic data processing equipment/data system (ADPE/DS) means

a specific automated system maintained by GSA to provide an

inventory of the Federal Government\'s computer systems.

Capability validation means the technical verification of the

ability of a proposed FIP system configuration, replacement

component, or the features or functions of its software, to

satisfy functional requirements. The intent is to ensure that

the proposed FIP resource can provide the required functions. FIP

performance requirements are not implied or measured in the

validation. Examples of capability validation include:

\(a\) Operational capability demonstrations (OCD\'s) of the

functions of the hardware, operating system, or support software;

\(b\) Verification of conformance with information processing

standards;

\(c\) Expert examination of the technical literature supplied

with the offer;

\(d\) Contacts with other users of the proposed information

processing resource; and

\(e\) Vendor certification of conformance with the functional

requirements.

Compatibility-limited requirement means a statement of FIP

resources requirements expressed in terms that require the items

to be compatible with existing FIP resources.

COMSEC means communications security systems, services, and

concepts that constitute protective measures taken to deny

unauthorized persons information derived from telecommunications

of the United States Government related to national security and

to ensure the authenticity of any such communications.

Consolidated local telecommunications service means local

communications service provided by GSA to all Federal agencies

located in a building, complex, geographical area.

Copy means a duplicate of a document previously created.

Correspondence means letters, form letters, telegrams,

memoranda, endorsements, summary sheets, postal cards, memo

routing slips, and other written or electronic communications.

Customer premises equipment (CPE) means all telecommunications

equipment and inside wiring located on the customer side of the

demarcation point (demark). The demark is a point established in

a building or complex to separate customer equipment from

telephone company equipment.

Designated senior official (DSO) means:

\(a\) The senior official designated by executive agencies

pursuant to the Paperwork Reduction Act to be responsible for

carrying out the agency\'s IRM functions (see 44 U.S.C. 3506); or

\(b\) The senior IRM official designated by the agency head

for Federal agencies not subject to the Paperwork Reduction Act

to be responsible for acquisitions of FIP resources made pursuant

to a DPA.

Deviation means any one or combination of the following:

\(a\) The issuance or use of a policy, procedure, practice,

solicitation provision, contract clause, or method pertaining to

the acquisition, management, or use of Federal information

processing resources that is inconsistent with the FIRMR.

\(b\) The omission or modification of any policy, procedure,

practice, solicitation provision or contract clause required by

the FIRMR.

\(c\) The authorization of lesser or greater limitations on

the delegation, use, or application of any policy, procedure,

solicitation provision, or contract clause prescribed by the

FIRMR, except that this does not preclude an agency from setting

delegation thresholds at more restrictive levels than those

established by the FIRMR.

Directive means a written communication that initiates or

governs action, conduct, or procedure. Directives are often

issued as circulars, notices, regulations, orders, and handbooks,

and include materials usually issued to multiple addressees in

multiple copies for insertion in policy, administrative, or

operations manuals. News releases, program announcements,

catalogs, price lists, training materials, and correspondence are

not included.

Excess FIP equipment means FIP equipment controlled by a

Federal agency but no longer required for its needs.

Executive agency means any executive department or independent

establishment in the executive branch of the Government,

including any wholly owned Government corporation (see 40 U.S.C.

472(a)).

Federal agency means any executive agency or any establishment

in the legislative or judicial branch of the Government, except

the Senate, the House of Representatives, the Architect of the

Capitol, and any activities under the Architect\'s direction (see

40 U.S.C. 472(b)).

Federal information processing (FIP) resources means automatic

data processing equipment (ADPE) as defined in Public Law 99-500

(40 U.S.C. 759(a)(2)), and set out in paragraphs (a) and (b) of

this definition.

\(a\) Any equipment or interconnected system or subsystems of

equipment that is used in the automatic acquisition, storage,

manipulation, management, movement, control, display, switching,

interchange, transmission, or reception, of data or information\--

\(1\) by a Federal agency, or

\(2\) under a contract with a Federal agency which\--

\(i\) requires the use of such equipment, or

\(ii\) requires the performance of a service or the

furnishing of a product which is performed or produced making

significant use of such equipment.

\(b\) Such term includes\--

\(1\) computers;

\(2\) ancillary equipment;

\(3\) software, firmware, and similar procedures;

\(4\) services, including support services; and

\(5\) related resources as defined by regulations issued

by the Administrator for General Services.

\(c\) The term, FIP resources, includes FIP equipment,

software, services, support services, maintenance, related

supplies, and systems (specific examples of what the term FIP

resources includes and excludes are provided in FIRMR Bulletin

A-1). These terms are limited by paragraphs (a) and (b) of the

definition of FIP resources and are defined as follows:

\(d\) FIP equipment means any equipment or interconnected

system or subsystems of equipment used in the automatic

acquisition, storage, manipulation, management, movement,

control, display, switching, interchange, transmission, or

reception of data or information.

\(e\) FIP maintenance means those examination, testing,

repair, or part replacement functions performed on FIP equipment

or software.

\(f\) FIP related supplies means any consumable item designed

specifically for use with FIP equipment, software, services, or

support services.

\(g\) FIP services means any service, other than FIP support

services, performed or furnished by using FIP equipment or

software.

\(h\) FIP software means any software, including firmware,

specifically designed to make use of and extend the capabilities

of FIP equipment.

\(i\) FIP support services means any commercial nonpersonal

services, including FIP maintenance, used in support of FIP

equipment, software, or services.

\(j\) FIP system means any organized combination of FIP

equipment, software, services, support services, or related

supplies.

Federal Telecommunications System (FTS) means the umbrella of

local and long distance telecommunications services, including

FTS2000 long distance services, provided, operated, managed, or

maintained by GSA for the common use of all Federal agencies and

other authorized users.

File means an arrangement of records. The term is used to

denote papers, photographs, photographic copies, maps,

machine-readable information, or other recorded information

regardless of physical form or characteristics, accumulated or

maintained in filing equipment, boxes, or machine-readable media,

or on shelves, and occupying office or storage space.

Form means a fixed arrangement of captioned spaces designed for

entering and extracting prescribed information, including FIP

systems forms, regardless of media.

Implementation plan means a document identifying the tasks that

must be accomplished in order to place FIP resources into

service. The plan also describes the management, contracting,

technical, and operating assignments and responsibilities of

systems operations.

Information resources management (IRM) means the planning,

budgeting, organizing, directing, training, promoting,

controlling, and management activities associated with the

burden, collection, creation, use, and dissemination of

information by agencies, and includes the management of

information and related resources, such as Federal information

processing resources (see 44 U.S.C. 3502(13)).

Information Systems Security (INFOSEC) means a composite of

factors necessary to protect FIP systems and the information they

process to prevent exploitation through interception,

unauthorized electronic access, or related technical intelligence

threats, and to ensure authenticity. This protection results from

the application of security measures; including cryptosecurity,

transmission security, emission security, and computer security;

to systems that generate, store, process, transfer or communicate

information of use to an adversary, and also includes the

physical protection of sensitive material and sensitive technical

security.

Interoperability means the ability of FIP resources to provide

services to and accept services from other FIP resources and to

use the services so exchanged to enable them to operate

effectively together.

Long distance telephone service means any service or facility

purchased with Government funds for completing telephone calls

outside of the local service area.

Lowest overall cost means the least expenditure of funds over

the system life, price and other factors considered, including,

but not necessarily limited to:

\(a\) Prices for the FIP resources;

\(b\) The present value adjustment, if used; and

\(c\) The identifiable and quantifiable costs:

\(1\) Directly related to the acquisition and use of the

FIP resources;

\(2\) Of conducting the contract action; and

\(3\) Of other administrative efforts directly related to

the acquisition process.

Mail means letters, telecommunications, memoranda, post cards,

documents, packages, publications, and other communications

received for distribution or dispatch.

Most advantageous alternative means the alternative that

provides the greatest value to the Government over the system

life in terms of price or cost, quality, performance, and any

other relevant factors.

National security and emergency preparedness (NSEP) means those

physical, technical, and administrative characteristics of FIP

systems that will ensure a prescribed level of survivability in

times of national or other emergencies up to and including

nuclear attack. Government common-use telecommunications systems

are designed, built, tested, and maintained to meet the defined

emergency mission needs of the Government entities that use them.

Obsolescence means the state of FIP hardware or software that

is either in a degenerative condition which if not corrected will

render the resource useless, or becoming technologically outmoded

compared to other hardware or software being sold.

Optional form means a form developed by a Federal agency for

use in two or more agencies and approved by GSA for nonmandatory

Governmentwide use.

Outdated FIP equipment means any FIP equipment over six years

old, based on the initial commercial installation date of that

model of equipment, and that is no longer in current production.

Overprinting means the printing of pertinent identical entries

(e.g., agency name and address) in a captioned area on a Standard

or Optional form.

Performance validation means the technical verification of the

ability of a proposed FIP system configuration or replacement

component to handle agency specified performance requirements.

Examples of performance validation techniques include:

\(a\) Timed execution of the existing agency programs,

transactions, and data files on the proposed configuration;

\(b\) Execution with synthetically generated workloads;

\(c\) Remote terminal emulation with simulated on-line

workloads;

\(d\) Acceptance testing with present operational software,

data files, and workloads;

\(e\) \"Stress testing\" with exaggerated workload volumes;

\(f\) Modeling of the interaction of the new information

processing system and its workload;

\(g\) Benchmarking as defined in applicable FIPS PUBS; and

\(h\) Simulation modeling of FIP system performance, defined

to mean the development and use of computer models for the study

of actual or postulated workloads on simulated FIP systems.

Radar equipment means any radio detection device that provides

information on range, azimuth, or elevation of objects.

Radio equipment means any equipment or interconnected system or

subsystem of equipment (both transmission and reception) that is

used to communicate over a distance by modulating and radiating

electromagnetic waves in space without artificial guide. This

does not include such items as microwave, satellite, or cellular

telephone equipment.

Reassignment means the transfer of other-than-excess FIP

equipment or the transfer of FIP software, within an agency.

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)).

Records means all books, papers, maps, photographs, machine

readable materials, or other documentary materials, regardless of

physical form or characteristics, made or received by an agency

of the United States Government under Federal law or in

connection with the transaction of public business and preserved

or appropriate for preservation by that agency or its legitimate

successor as evidence of the organization, functions, policies,

decisions, procedures, operations, or other activities of the

Government or because of the informational value of data in them.

Library and museum material made or acquired and preserved solely

for reference or exhibition purposes, extra copies of documents

preserved only for convenience of reference, and stocks of

publications and of processed documents are not included.

Records creation means the production or reproduction of any

record.

Records disposition means any activity with respect to disposal

of temporary records no longer necessary for the conduct of

business by destruction or donation; transfer of records to

Federal agency storage facilities or records centers; transfer to

the National Archives of the United States of records determined

to have sufficient historical or other value to warrant continued

preservation; or transfer of records from one Federal agency to

any other Federal agency.

Records maintenance and use means any activity involving

location of records of a Federal agency; storage, retrieval, and

handling of records kept at office file locations by or for a

Federal agency; processing of mail by a Federal agency; or

selection and utilization of equipment and supplies associated

with records and copying.

Report means data or information which is transmitted for use

in determining policy; planning, controlling, and evaluating

operations and performance; making administrative decisions; or

preparing other reports. The data or information may be in

narrative, statistical, graphic, or other form and may be on

paper, magnetic tape, or other media.

Reuse means the subsequent use of FIP equipment after it is no

longer needed for the purpose for which it was originally

acquired.

Sensitive information means any information, the loss, misuse,

or unauthorized access to or modification of which could

adversely affect the national interest or the conduct of Federal

programs, or the privacy to which individuals are entitled under

section 552a of title 5, United States Code (the Privacy Act),

but which has not been specifically authorized under criteria

established by an Executive order or an Act of Congress to be

kept secret in the interest of national defense or foreign

policy.

Software includes\--

\(a\) Application software means a series of instructions or

statements in a form acceptable to a computer, designed to cause

the computer to execute an operation or operations necessary to

process requirements. Application software may be either

machine-dependent or machine-independent and may be

general-purpose or designed to satisfy the requirements of a

specialized process or a particular user.

\(b\) Common-use software means software that deals with

applications common to many agencies, that would be useful to

other agencies, and is written in such a way that minor

variations in requirements can be accommodated without

significant programming effort.

Sonar equipment means an apparatus that detects the presence

and location of a submerged object by means of sonic, subsonic,

or supersonic waves reflected back to it from the object.

Specific make and model specification means a description of

the Government\'s requirement for FIP resources that is so

restrictive that only a particular manufacturer\'s products will

satisfy the Government\'s needs, regardless of the number of

suppliers that may be able to furnish that manufacturer\'s

products.

Standard form means a form prescribed by a Federal agency,

pursuant to its authority, and approved by GSA for mandatory

Governmentwide use.

Surplus means any excess Government-owned FIP equipment not

required for the needs of Federal agencies as determined by the

Administrator of General Services.

System life means a projection of the time period that begins

with the installation of the FIP resource and ends when the

agency\'s need for that resource has terminated.

Telecommunications Device for the Deaf (TDD) means a machine

that uses typed input and output, usually with a visual text

display, to enable individuals with hearing or speech impairments

to communicate over a telecommunications network.

Telecommunications facilities means equipment used for such

modes of transmission as telephone, data, facsimile, video,

radio, audio, and such corollary items as switches, wire, cable,

access arrangements, and communications security facilities.

Telecommunications resources means telecommunications

equipment, facilities, and services.

Telecommunications services means the transmission, emission,

or reception of signals, signs, writing, images, sounds, or

intelligence of any nature, by wire, cable, satellite, fiber

optics, laser, radio, or any other electronic, electric,

electromagnetic, or acoustically coupled means. The term

includes the telecommunications facilities necessary to provide

such services.

Telecommunications switching function means any service or

equipment that has a primary function to switch telephone calls

at a location. This term excludes service or equipment necessary

to meet agency requirements that cannot be met by an existing

switching function.

Television equipment means any equipment (both transmission and

reception) used for the conversion of transient visual images

into electrical signals that can be transmitted by radio or wire

to distant receivers where the signals can be reconverted to the

original visual images. This does not include such items as

monitors for computers or computer terminals or video

conferencing equipment.

Toll-free telephone service means any incoming circuit

arrangement that allows the public to make long distance

telephone calls to authorized locations at Government expense.

Toll-free telephone service is used for providing or obtaining

information concerning Government programs, such as social

welfare, disaster aid, veterans affairs, and income tax

assistance.

201-4.002 Acronyms.

\"ANSI\" means American National Standards Institute.

\"ADP\" means Automatic Data Processing.

\"ADPE\" means Automatic Data Processing Equipment.

\"ADPE/DS\" means Automatic Data Processing Equipment/Data

System.

\"CFR\" means Code of Federal Regulations.

\"CBD\" means Commerce Business Daily.

\"DPA\" means Delegation of Procurement Authority.

\"DSO\" means Designated Senior Official.

\"FAR\" means Federal Acquisition Regulation.

\"FED-STD\" means Federal Telecommunications Standards.

\"FIP\" means Federal Information Processing.

\"FIPS\" means Federal Information Processing Standards.

\"FIPS PUBS\" means Federal Information Processing Standards

Publications.

\"FIRMR\" means Federal Information Resources Management

Regulation.

\"FMSS\" means Financial Management Systems Software.

\"FPMR\" means Federal Property Management Regulations.

\"FR\" means Federal Register.

\"FSTS\" means Federal Secure Telephone Service.

\"GAO\" means General Accounting Office.

\"GPO\" means Government Printing Office.

\"GSA\" means General Services Administration.

\"GSBCA\" means General Services Board of Contract Appeals.

\"ICMR\" means Interagency Committee on Medical Records.

\"IRM\" means Information Resources Management.

\"IRPMR\" means Information Resources Procurement and Management

Review.

\"LOI\" means Letter of Interest.

\"MAS\" means Multiple Awards Schedule.

\"MOL\" means Maximum Ordering Limitation.

\"NARA\" means National Archives and Records Administration.

\"OAC\" means Original Acquisition Cost.

\"OMB\" means Office of Management and Budget.

\"POTS\" means Purchase of Telephones and Services.

\"PRA\" means Paperwork Reduction Act of 1980, as amended.

\"U.S.C.\" means United States Code.

\"USPS\" means United States Postal Service.

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 201-5 \[Reserved\]

SUBCHAPTER B\--MANAGEMENT AND USE OF INFORMATION

AND RECORDS

Part 201-6 Predominant Considerations

Sec.

201-6.000 Scope of part.

201-6.001 General.

201-6.002 Predominant considerations.

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

201-6.000 Scope of part.

This part describes the legislative basis and goals of

information management and provides a brief overview of the

predominant policies of subchapter B.

201-6.001 General.

\(a\) The Paperwork Reduction Act of 1980, as amended, (44

U.S.C. 3501, et seq.) legally introduced into the Federal

Government the concept that information is a valuable asset and

should be managed as such. The Act requires that the head of

each executive agency designate a senior official who shall

report to the agency head and be responsible for carrying out the

agency\'s information resources management (IRM) responsibilities.

The Paperwork Reduction Act is administered by the Office of

Management and Budget (OMB) and is primarily implemented in OMB

Circular No. A-130. The information management goals of the

Paperwork Reduction Act are to:

\(1\) Reduce the paperwork burden the Federal Government

imposes on the public and on State and local governments;

\(2\) Minimize the cost to the Federal Government of

collecting, maintaining, using, and disseminating information;

\(3\) Maximize the usefulness of information collected,

maintained, and disseminated by the Federal Government;

\(4\) Coordinate, integrate, and where practical, make

uniform, Federal information policies and practices; and

\(5\) 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.

\(b\) GSA\'s Governmentwide role in information management

stems from its records management authorities and

responsibilities under the National Archives and Records

Administration Act of 1984 (Public Law 98-497, 44 U.S.C. Ch. 29),

and its responsibilities under section 111 of the Federal

Property and Administrative Services Act of 1949, as amended (40

U.S.C. 759), to provide for economic and efficient acquisition of

Federal information processing (FIP)resources.

201-6.002 Predominant considerations.

The policies prescribed in subchapter B are designed to promote

the economic and efficient management and use of information by

emphasizing the importance for agencies to:

\(a\) Manage information as a valuable asset throughout its

life cycle, from collection or creation through disposition;

\(b\) Plan for the steps in the information life cycle;

\(c\) Understand their information requirements before

determining their requirements for FIP resources;

\(d\) Establish an active and continuing program for

economical and efficient management of the agency\'s records, as

required by 44 U.S.C.3102;

\(e\) Manage agency records, irrespective of the medium

(paper, electronic, or other) on which the record is created,

used, or filed;

\(f\) Ensure that individuals responsible for implementing the

agency\'s records management programs participate in the agency\'s

strategic planning process and in the determination of the

agency\'s information needs and FIP resources requirements;

\(g\) 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;

\(h\) Ensure that individuals responsible for information

management have proven records and information management

competencies through a combination of IRM training, work

experience, and IRM related certification programs;

\(i\) Ensure that the agency\'s records can be accessed quickly

and reliably;

\(j\) Keep the agency\'s mailing, copying, and filing costs at

a minimum, consistent with program requirements;

\(k\) Control the creation of correspondence to ensure that

the agency creates timely, responsive correspondence that is

properly coordinated and consistent in tone, style, and

presentation;

\(l\) Control the creation and distribution of agency

directives to eliminate duplicative, conflicting, or confusing

instructions to agency personnel, and to ensure proper

documentation of agency policies and procedures;

\(m\) Control the creation and use of forms and reports to

ensure that they are well designed, used efficiently, and do not

proliferate unnecessarily; and

\(n\) Comply with GSA-managed Governmentwide programs for

Standard and Optional Forms and Interagency Reports.

Part 201-7 Planning

Sec.

201-7.000 Scope of part.

201-7.001 General.

201-7.002 Policies.

201-7.003 Procedures.

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

201-7.000 Scope of part.

This part prescribes policies and procedures regarding

information planning by Federal agencies.

201-7.001 General.

\(a\) Information needs are the foundation on which agencies

determine their information processing requirements. An agency

cannot determine its requirements for FIP resources unless it

adequately plans for and understands its information

requirements.

\(b\) 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.

\(c\) The General Services Administration (GSA) and the

National Archives and Records Administration (NARA) help agencies

with their IRM planning by issuing handbooks and other guidance

documents. Comprehensive IRM strategic, program, and information

planning services are available, on a cost-reimbursable basis,

through GSA\'s Office of Technical Assistance.

201-7.002 Policies.

Federal agencies shall establish strategic planning processes

to:

\(a\) Plan for the creation, collection, processing,

transmission, use, storage, dissemination, and disposition of

information;

\(b\) Ensure that program officials and information resources

management officials (including records managers) participate in

the development and annual revision of a 5-year plan for meeting

the agency\'s information technology needs; and

\(c\) Ensure that the agency\'s information needs are

documented on a timely basis, for example when conducting a

requirements analysis for FIP resources.

201-7.003 Procedures.

To determine information requirements and to help determine

requirements for FIP resources, agencies shall consider the

following factors:

\(a\) Essential records and information required to support

current and future program and mission needs.

\(b\) Available sources of information.

\(c\) Public access requirements, including Freedom of

Information Act requirements (5 U.S.C. 552).

\(d\) The need to provide information to and obtain

information from other agencies.

\(e\) Information security (40 U.S.C. 759 Note) and Privacy

Act requirements (5 U.S.C. 552a).

\(f\) Requirements to disseminate and store information and to

carry out its authorized disposition.

\(g\) Information format, medium, quantity, integrity, and

timeliness requirements.

\(h\) The integration of electronic records with other agency

records. (See FIRMR Bulletin B-1.)

Part 201-8 \[Reserved\]

Part 201-9 Creation, Maintenance, and Use of Records

Sec.

201-9.000 Scope of part.

201-9.001 General.

Subpart 201-9.1 Agency Programs.

201-9.100 Scope of subpart.

201-9.101 General.

201-9.102 Policy.

201-9.103 Procedures.

Subpart 201-9.2 GSA Governmentwide Programs.

201-9.200 Scope of subpart.

201-9.201 General.

201-9.202 Governmentwide programs.

201-9.202-1 Standard and Optional Forms Management Program.

201-9.202-2 Interagency Reports Management Program.

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

201-9.000 Scope of part.

This part prescribes policies and procedures for the creation,

maintenance, and use of Federal agencies\' records. Unless

otherwise noted, the policies and procedures of this part apply

to all records, regardless of medium (i.e., paper, electronic, or

other).

201-9.001 General.

\(a\) Chapters 29 and 31 of title 44, U.S.C., require the

establishment of standards and procedures to ensure efficient and

effective records management by Federal agencies. The statutory

goals of these standards and procedures include:

\(1\) Accurate and complete documentation of the policies

and transactions of the Federal Government;

\(2\) Control of the quantity and quality of records

produced by the Federal Government;

\(3\) Establishment and maintenance of mechanisms of

control with respect to records creation in order to prevent the

creation of unnecessary records and with respect to the effective

and economical operations of an agency;

\(4\) Simplification of the activities, systems, and

processes of records creation, maintenance, and use;

\(5\) Judicious preservation and disposal of records; and

\(6\) Direction of continuing attention on records from

their initial creation to their final disposition, with

particular emphasis on the prevention of unnecessary Federal

paperwork.

\(b\) The law assigns records management responsibilities to

the Administrator of General Services (the Administrator), the

Archivist of the United States (the Archivist), and the heads of

Federal agencies.

\(1\) The Administrator is responsible for providing

guidance and assistance to Federal agencies to ensure economical

and effective records management. Records management policies

and guidance established by GSA are contained in FIRMR subchapter

B and in FIRMR bulletins, records management handbooks, and other

publications issued by GSA.

\(2\) The Archivist is responsible for providing guidance

and assistance to Federal agencies to ensure adequate and proper

documentation of the policies and transactions of the Federal

Government and to ensure proper records disposition. Records

management policies and guidance established by the Archivist are

contained in regulations in 36 CFR Chapter XII and in bulletins

and handbooks issued by the National Archives and Records

Administration (NARA).

\(3\) The heads of Federal agencies are responsible for

complying with the policies and guidance provided by the

Administrator and the Archivist.

Subpart 201-9.1 Agency Programs.

201-9.100 Scope of subpart.

This subpart prescribes policies and procedures for

establishing and maintaining an agency records management

program.

201-9.101 General.

Section 3102 of Title 44 of the U.S.C. requires each Federal

agency to establish an active and continuing records management

program.

201-9.102 Policy.

Each Federal agency shall establish and maintain an active,

continuing program for managing agency records, commensurate with

agency size, organization, mission, and recordkeeping activity.

201-9.103 Procedures.

Each Federal agency shall take the following actions to

establish and maintain the agency\'s records management program:

\(a\) Assign specific responsibility for the development and

implementation of agencywide records management programs to an

office of the agency and to a qualified records manager.

\(b\) Consider the guidance contained in GSA and NARA

handbooks and bulletins when establishing and implementing agency

records management programs.

\(c\) Issue a directive establishing program objectives,

responsibilities, authorities, standards, guidelines, and

instructions for its records management program.

\(d\) Apply appropriate records management practices to all

records, irrespective of the medium (e.g., paper, electronic, or

other) on which the record resides.

\(e\) Control the creation, maintenance, and use of agency

records and the collection and dissemination of information to

ensure that the agency:

\(1\) Does not accumulate unnecessary records;

\(2\) Does not create forms and reports that collect

information inefficiently or unnecessarily;

\(3\) Periodically reviews all existing forms and reports

(both those originated by the agency and those responded to by

the agency but originated by another agency or branch of

Government) to determine if they need to be improved or canceled;

\(4\) Maintains its records cost effectively and in a

manner that allows them to be retrieved quickly and reliably; and

\(5\) Keeps its mailing and copying costs to a minimum.

\(f\) Standardize stationery in terms of size, letterhead

design, color (of originals, record copies, and envelopes),

markings that are permitted on envelopes and postcards, and

number of stationery styles permitted.

\(g\) Consider the voluntary standards contained in the Table

of Standard Specifications in FIRMR Bulletin B-4, when developing

agency stationery standards.

\(h\) Establish agency standards regarding the types of

correspondence to be used in official agency communications, and

the number and kind of copies required and their distribution and

purpose.

\(i\) Strive to:

\(1\) Improve the quality, tone, clarity, and

responsiveness of correspondence, and provide for its creation in

a timely, economical, and efficient manner;

\(2\) Design forms that are easy to fill-in, read,

transmit, process, and retrieve; and reduce forms reproduction

costs;

\(3\) Provide agency managers with the means to convey

written instructions to users and document agency policies and

procedures through effective directives management;

\(4\) Provide agency personnel with the information

needed in the right place, at the right time, and in a useful

format;

\(5\) Eliminate unnecessary reports and design necessary

reports for ease of use;

\(6\) Provide rapid handling and accurate delivery of

mail at minimum cost; and

\(7\) Organize agency files (i) so that needed records

can be found rapidly (ii) to ensure that records are complete and

\(iii\) to facilitate the identification and retention of permanent

records and the prompt disposal of temporary records.

Subpart 201-9.2 GSA Governmentwide Programs.

201-9.200 Scope of subpart.

This subpart contains policies and procedures prescribed for

the following GSA-managed programs:

\(a\) The Standard and Optional Forms Management Program.

\(b\) The Interagency Reports Management Program.

201-9.201 General.

\(a\) The Standard and Optional Forms Management Program was

developed and operated by OMB consistent with the authorities

prescribed by the Budget and Accounting Act of 1921. GSA assumed

responsibility for the program on May 29, 1967, through agreement

with OMB.

\(b\) The Interagency Reports Management Program implements 44

U.S.C. chapters 29 and 31, recognizing OMB functions under 44

U.S.C. 3504(e) and OMB implementation under 5 CFR 1320.16.

201-9.202 Governmentwide programs.

201-9.202-1 Standard and Optional Forms Management Program.

\(a\) General.

\(1\) The Standard and Optional Forms Management Program

was established to achieve Governmentwide economies and

efficiencies through the development, maintenance and use of

common forms.

\(2\) FIRMR Bulletin B-3 contains additional guidance on

the Standard and Optional Forms management Program.

\(b\) Procedures. Each Federal agency shall\--

\(1\) Designate an agency-level Standard and Optional

Forms Liaison Representative and Alternate, and notify GSA in

writing of such designees\' names, titles, mailing addresses, and

telephone numbers within 30 days of the designation or

redesignation at the address in paragraph (b) (4) of this

section;

\(2\) Promulgate Governmentwide Standard Forms pursuant

to the agency\'s statutory or regulatory authority and issue in

the Federal Register Governmentwide procedures on the mandatory

use, revision, or cancellation of these forms;

\(3\) Sponsor Governmentwide Optional Forms when needed

in two or more agencies and announce the Governmentwide availability,

revision or cancellation of these forms;

\(4\) Obtain GSA approval for each new, revised or

canceled Standard and Optional Form, 60 days prior to planned

implementation, and certify that the forms comply with all

applicable laws and regulations. Send approval requests to:

General Services Administration, Forms Management Branch (CARM),

Washington, DC 20405;

\(5\) Provide GSA with a camera ready copy of the

Standard and Optional Forms the agency promulgates or sponsors

prior to implementation, at the address shown in paragraph (b)(4)

above;

\(6\) Obtain promulgator\'s or sponsor\'s approval for all

exceptions to Standard and Optional Forms prior to

implementation;

\(7\) Annually review all Standard and Optional Forms

which the agency promulgates or sponsors, including exceptions,

for improvement, consolidation, or cancellation;

\(8\) When requested by GSA and OMB, submit a summary of

the Standard and Optional Forms used for collection of

information covered by 5 CFR 1320;

\(9\) Request approval to overprint Standard and Optional

Forms by contacting GSA (CARM); and

\(10\) Coordinate all matters concerning health care

related Standard Forms through the Interagency Committee on

Medical Records (ICMR). For additional information on the ICMR,

contact GSA (CARM).

201-9.202-2 Interagency Reports Management Program.

\(a\) General.

\(1\) GSA manages the Interagency Reports Management

Program to ensure that interagency reports and recordkeeping

requirements are based on need, are cost-effective, and comply

with applicable laws and regulations.

\(2\) FIRMR Bulletin B-2 contains additional guidance on

the Interagency Reports Management Program.

\(b\) Procedures.

\(1\) Each agency shall:

\(i\) Obtain GSA approval for each new, revised, or

extended interagency report, prior to implementing the report;

\(ii\) Designate an agency-level interagency reports

liaison representative and alternate, and notify GSA in writing

of such designees\' names, titles, mailing addresses, and

telephone numbers within 30 days of the designation or

redesignation;

\(iii\) Use Standard Form 360, Request to Approve an

Interagency Reporting Requirement, to obtain GSA approval for

each new, revised, or extended interagency report;

\(iv\) Attach to each Standard Form 360, a

justification statement (signed by the official who requested the

report) describing the need for the report;

\(v\) Explain how the reporting costs shown on

Standard Form 360 were derived;

\(vi\) Make supporting documentation for cost

estimates available for GSA review;

\(vii\) Submit to GSA and OMB (see 5 CFR part 1320)

simultaneously for approval, interagency reports that collect

information from Federal agencies and from either the public or

State or local governments;

\(viii\) Notify GSA and responding agencies when an

interagency report is no longer needed; and

\(ix\) Send requests for GSA approval and

notifications regarding interagency reports to: General Services

Administration, Acquisition Reviews Division (KMA), 18th & F

Streets, NW, Washington, DC 20405.

\(2\) This section does not apply to the following

interagency reports: (However, interagency reports required by

Federal agencies to respond to these reports are subject to this

section.)

\(i\) Legislative branch reports.

\(ii\) Office of Management and Budget (OMB) and

other Executive Office of the President reports.

\(iii\) Judicial branch reports required by court

order or decree.

\(iv\) Reporting requirements for security

classified information. However, interagency reporting

requirements for non-sensitive or unclassified sensitive

information are not exempt, even if such information is later

given a security classification by the requesting agency.

Part 201-10 \[Reserved\]

Part 201-11 Review and Evaluation

Sec.

201-11.000 Scope of part.

201-11.001 General.

201-11.002 Federal Information Resources Management Review

Program.

201-11.003 Information Resources Procurement and Management

Review Program.

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

201-11.000 Scope of part.

This part discusses the two programs that the General Services

Administration (GSA) administers regarding GSA-conducted and

agency-conducted evaluation programs to help agencies ensure that

the collection, maintenance, use, and dissemination of

information and records are consistent with applicable laws and

regulations.

201-11.001 General.

\(a\) GSA\'s responsibilities for the review and evaluation of

agencies\' information and records management activities stem from

the Paperwork Reduction Act of 1980 and the National Archives and

Records Administration Act of 1984. GSA carries out these

responsibilities under the Federal Information Resources

Management Review Program and the Information Resources

Procurement and Management Review Program.

\(b\) The information and records management aspects of these

programs are discussed in this part. However, part 201-22 more

fully describes the objectives, policies, and procedures

governing these programs.

201-11.002 Federal Information Resources Management Review

Program.

\(a\) GSA administers this program under a delegation from the

Office of Management and Budget (OMB). GSA has delegated much of

its review responsibilities under this program to each executive

agency and serves as the focal agency for collecting, assessing,

and reporting on review results to OMB.

\(b\) As part of these reviews, agencies shall review their

information and records activities to ensure that the creation,

maintenance, and use of the information and records that support

agency programs are consistent with applicable laws and

regulations. GSA has issued a series of IRM self inspection

guides to help agencies review their information and records

management programs.

201-11.003 Information Resources Procurement and Management

Review Program.

Under this program, GSA conducts reviews of major agency

programs and related significant FIP resources acquisitions. As

part of these reviews, GSA reviews agency programs for

controlling the creation, maintenance, and use of information and

records to:

\(a\) Determine agency compliance with regulations; and

\(b\) Evaluate the effectiveness of agency information and

records management programs and practices.

Parts 201-12 through 201-16 \[Reserved\]

SUBCHAPTER C\--MANAGEMENT AND USE OF FEDERAL INFORMATION

PROCESSING (FIP) RESOURCES

Part 201-17 Predominant Considerations

Sec.

201-17.000 Scope of part.

201-17.001 Predominant considerations.

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

201-17.000 Scope of part.

This part provides a brief overview of the predominant policies

of subchapter C.

201-17.001 Predominant considerations.

The policies prescribed in subchapter C are designed to promote

success in the acquisition, management, and use of Federal

information processing (FIP) resources by emphasizing the

importance for agencies to:

\(a\) Develop and annually revise, in coordination with budget

activities, a 5-year plan to meet the agency\'s information

technology needs;

\(b\) Base requirements for FIP resources on agency mission,

programs, and related information needs;

\(c\) Consider the potential for deploying projected

technological advances of FIP resources to enhance future

performance of programs and operations in support of the agency

mission;

\(d\) Acquire FIP resources that result in the most

advantageous alternative to the Government after consideration

of:

\(1\) Sharing and reuse of existing FIP resources,

\(2\) Use of General Services Administration (GSA)

services, and

\(3\) Acquisition of agency resources by contracting;

\(e\) Establish responsibility through a designated senior

official (DSO) when contracting for FIP resources under a

delegation of GSA\'s exclusive procurement authority;

\(f\) Assign an individual (such as a Trail Boss) responsible

for coordinating programmatic, technical, and contracting

functions when acquiring FIP resources;

\(g\) Achieve full and open competition to the maximum extent

practicable;

\(h\) Acquire resources that comply with Federal standards;

\(i\) Provide for security of resources, protection of

information about individuals, continuity of operations, and

national security and emergency preparedness;

\(j\) 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;

\(k\) Provide telecommunications access to hearing and speech

impaired individuals;

\(l\) Review and evaluate existing resources and related

management and acquisition activities on an ongoing basis;

\(m\) Replace outdated resources that are no longer the most

advantageous alternative for satisfying the agency\'s

requirements; and

\(n\) Acquire microcomputers, monitors, and printers that are

energy efficient.

Part 201-18 Planning and Budgeting

Sec.

201-18.000 Scope of part.

201-18.001 General.

201-18.002 Policies.

201-18.003 Procedure.

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

201-18.000 Scope of part.

This part prescribes policies and procedures regarding

planning and budgeting for Federal information processing (FIP)

resources.

201-18.001 General.

\(a\) 44 U.S.C. 3506(c)(8) (the Paperwork Reduction

Reauthorization Act of 1986) requires executive agencies to

develop and annually revise a 5-year plan for meeting the

agency\'s information technology needs.

\(b\) Office of Management and Budget (OMB) Circular No. A-130

requires executive agencies to establish multiyear strategic

planning processes for acquiring and operating information

technology that meet program and mission needs, reflect budget

constraints, and form the basis for their budget requests.

\(c\) OMB Circular No. A-11 requires executive agencies to

prepare and submit annual agency-wide \"Major Information

Technology Acquisition Plans.\"

\(d\) The Computer Security Act of 1987 (Public Law 100-235,

40 U.S.C. 759 Note) requires agencies to identify each FIP system

that contains sensitive information and prepare a plan for the

security and privacy of each such system.

\(e\) 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.

\(f\) The General Services Administration (GSA) helps agencies

with their IRM planning by issuing handbooks, bulletins, and

other guidance documents. IRM planning services are available,

on a cost-reimbursable basis, through GSA\'s Office of Technical

Assistance.

\(g\) GSA reviews agency IRM plans and the planning process as

part of the Information Resources Procurement and Management

Review Program described in part 201-22. Agencies\' IRM planning

is a factor in delegating procurement authority for FIP

resources.

201-18.002 Policies.

\(a\) Agencies shall develop a 5-year plan for meeting the

agency\'s information technology needs. This plan shall:

\(1\) Reflect current and future program and mission

needs;

\(2\) Consider the potential for deploying projected

technological advances of FIP resources to enhance future

performance of programs and operations in support of the agency

mission;

\(3\) Consider FIP resources needed to meet the national

security and emergency preparedness needs of the agency;

\(4\) Reflect budget constraints;

\(5\) Form the basis for the agency\'s budget requests to

OMB;

\(6\) Serve as the foundation for requirements analyses;

and

\(7\) Be updated as needed, but at least annually.

\(b\) Agencies shall ensure that the IRM planning process

includes the participation of each of the agency\'s program areas,

as well as those organizations responsible for IRM (including

records management), contracting, and budget preparation.

\(c\) Agencies shall adopt information and data accessibility

guidelines similar to those described in FIRMR Bulletin C-8 in

their planning process.

\(d\) Agencies shall ensure that acquisition of FIP resources

is in accordance with the updated 5-year plan.

201-18.003 Procedure.

Each agency shall send a copy of its annually revised 5-year

plan, within 30 days after its preparation, to: General Services

Administration, Acquisition Reviews Division (KMA), 18th & F

Streets, NW, Washington, DC 20405.

Part 201-19 \[Reserved\]

Part 201-20 Acquisition

Sec.

201-20.000 Scope of part.

201-20.001 General.

Subpart 201-20.1 Requirements Analysis.

201-20.100 Scope of subpart.

201-20.101 General.

201-20.102 Policy.

201-20.103 Procedures.

201-20.103-1 Information needs.

201-20.103-2 System life.

201-20.103-3 Description of requirements.

201-20.103-4 Compatibility-limited requirements.

201-20.103-5 Justification for specific make and model.

201-20.103-6 Security requirements.

201-20.103-7 Accessibility requirements for individuals with

disabilities.

201-20.103-8 Space and environmental requirements.

201-20.103-9 Workload and related requirements.

201-20.103-10 Records management requirements.

201-20.103-11 Energy efficiency requirements for microcomputers.

Subpart 201-20.2 Analysis of Alternatives.

201-20.200 Scope of subpart.

201-20.201 General.

201-20.202 Policy.

201-20.203 Procedures.

201-20.203-1 Consideration of alternatives.

201-20.203-2 Cost for each alternative.

201-20.203-3 \[Reserved\]

201-20.203-4 Conversion.

201-20.203-5 Obsolescence.

Subpart 201-20.3 Implementation.

201-20.300 Scope of subpart.

201-20.301 General.

201-20.302 Implementation plan.

201-20.303 Standards.

201-20.304 Capability and performance validation.

201-20.305 Delegation of GSA\'s exclusive procurement

authority.

201-20.305-1 Regulatory delegations.

201-20.305-2 Specific agency delegations.

201-20.305-3 Specific acquisition delegations.

201-20.306 Delegation of GSA\'s multiyear contracting authority

for telecommunications resources.

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

201-20.000 Scope of part.

This part prescribes policies and procedures for acquisition of

Federal information processing (FIP) resources by agencies.

201-20.001 General.

\(a\) Acquisition, as used in this part:

\(1\) Consists of a series of steps beginning with the

requirements analysis and ending with the implementation of the

most advantageous alternative to satisfy the requirement; and

\(2\) Includes obtaining FIP resources both from sources

external to the agency and through in-house sources or

development.

\(b\) Acquisition by contracting is addressed in part 201-39.

\(c\) Technical assistance in support of acquisitions is

available, on a cost reimbursable basis, through GSA\'s Office of

Technical Assistance.

Subpart 201-20.1 Requirements Analysis.

201-20.100 Scope of subpart.

This subpart prescribes policies and procedures for determining

requirements for FIP resources.

201-20.101 General.

The requirements analysis is used to determine and document

requirements for FIP resources. It provides the basis on which

the alternatives for meeting the requirements can be analyzed.

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.

201-20.103 Procedures.

Agencies shall consider the factors in 201-20.103-1 through

201-20.103-11 in establishing requirements, as applicable.

201-20.103-1 Information needs.

Agencies shall determine their information needs by

considering:

\(a\) Their need to provide information to and obtain

information from the public and other agencies;

\(b\) Available sources of information;

\(c\) Information format, media, quantity, integrity,

security, and timeliness requirements;

\(d\) Essential records and information required to support

current and future program and mission needs;

\(e\) Agency records retention and disposition requirements

and the need to assure archival acceptability of permanent or

long-term records;

\(f\) The integration of electronic records with other agency

records; and

\(g\) Existing or planned intra or interagency

interoperability requirements.

201-20.103-2 System life.

Agencies shall establish a system life as a part of the

requirements analysis. If the acquiring activity can predict

reuse of the FIP resource by another component within the agency

after it no longer meets the acquiring activity\'s needs, the

reuse period shall be included in the system life.

201-20.103-3 Description of requirements.

Agencies shall:

\(a\) Base requirements on mission needs expressed in the form

of opportunities for increased economy and efficiency, new or

changed program requirements, or deficiencies in existing

capabilities;

\(b\) Describe requirements in terms of functions to be

performed and performance to be achieved, unless a more

restrictive statement of requirements is necessary to satisfy the

needs of the agency;

\(c\) Describe requirements in a manner that will attain full

and open competition when contracting for FIP resources unless

other than full and open competition is justified in accordance

with subpart 201-39.6 and FAR part 6;

\(d\) Document in the requirements analysis the quantitative

or qualitative requirements that must be met and why those

requirements are necessary to meet the mission needs; and

\(e\) Consider aggregating requirements on organizational or

functional bases and conducting a requirements analysis on the

basis of the aggregated requirements.

201-20.103-4 Compatibility-limited requirements.

\(a\) Agencies shall establish compatibility-limited

requirements for FIP resources only to the extent necessary to

satisfy the needs of the agency.

\(b\) Agencies shall justify compatibility-limited

requirements for FIP resources on the basis of at least one of

the following:

\(1\) The agency has technical or operational

requirements for compatibility when adding resources to, or

replacing a portion of, an installed base of resources, and the

agency determines that replacing additional portions of the

installed base to avoid compatibility-limited requirements is not

advantageous to the Government; or

\(2\) The agency determines that the risk and impact of

conversion failure on agency critical mission needs would be so

great that acquiring non-compatible resources is not a feasible

alternative.

201-20.103-5 Justification for specific make and model.

Technical and requirements personnel shall justify a

requirement that can only be met by specific make and model

resources in accordance with subpart 201-39.6.

201-20.103-6 Security requirements.

Agencies shall:

\(a\) Identify security and privacy requirements in the

requirements analysis;

\(b\) Identify security requirements necessary to protect

classified and sensitive information by listing the potential

threats and hazards and describing the measures needed to provide

protection; and

\(c\) Identify physical and environmental security safeguards.

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 indivi-

duals. Agency plans shall address both present and future needs.

\(b\) Agencies shall provide telecommunications access to

hearing and speech-impaired individuals to the extent both

present and future needs for such access are identified in the

requirements analysis. Telecommunications access for hearing and

speech impaired individuals shall include education and training

on the services and features of the GSA relay service.

\(1\) Agencies shall publish access numbers for TDD and

TDD-related devices in telephone directories and provide such

agency numbers to GSA for inclusion in the Federal TDD Directory.

\(2\) Agencies shall display in their buildings or

offices the standard logo specified by GSA for indicating the

presence of TDD or TDD-related equipment.

\(c\) Agencies shall consider the guidance contained in FIRMR

Bulletins C-8 and C-10 on the subject of accessibility

requirements for individuals with disabilities.

201-20.103-8 Space and environmental requirements.

Agencies shall consider space and environmental factors when

conducting the requirements analysis.

201-20.103-9 Workload and related requirements.

As a minimum, agencies shall document in the requirements

analysis the following factors, as applicable:

\(a\) Projected processing, storage, data entry,

communications, and support services workload requirements over

the system life and how best to address workload uncertainties.

\(b\) Expandability requirements.

\(c\) A performance evaluation of currently installed FIP

resources.

\(d\) Contingency requirements for FIP resources whose loss or

failure would prevent the agency from performing its mission, or

have an adverse effect on the nation.

\(e\) Other requirements that must be met or constraints that

must be considered.

201-20.103-10 Records management requirements.

Agencies shall include records management factors in the

requirements analysis.

201-20.103-11 Energy efficiency requirements for microcomputers.

\(a\) Agencies shall include requirements for energy

efficiency in the requirements analysis. At a minimum, agencies

shall require that microcomputers, including personal computers,

monitors, and printers, acquired by the agency be equipped with

the energy efficient low-power standby feature as defined by the

Environmental Protection Agency Energy Star computer program,

unless the equipment meets the Energy Star requirements at all

times. To the extent permitted by law, agencies shall include

this specification in all existing contracts, if any additional

costs would be offset by the potential energy savings.

\(b\) Agencies shall consider the guidance contained in FIRMR

Bulletin C-35 in developing their requirements and for the

specific procedure for reporting exempted acquisitions.

\(c\) Agencies shall report annually, by October 18 on

acquisitions exempted from this requirement. Reports shall be

sent to: GSA, Acquisition Reviews Division (KMA), 18th & F

Streets, NW, Washington DC 20405.

\(d\) Agencies shall ensure that Federal users are made aware

of the significant economic and environmental benefits of the low

energy efficient power standby feature and its aggressive use by

including this information in routine computer training courses.

Subpart 201-20.2 Analysis of Alternatives.

201-20.200 Scope of subpart.

This subpart prescribes policies and procedures for identifying

and analyzing feasible alternatives that satisfy requirements for

FIP resources.

201-20.201 General.

\(a\) The statement of requirements resulting from the

requirements analysis is the basis on which the analysis of

alternatives is conducted. The purpose of the analysis of

alternatives is to compare and evaluate various alternatives for

meeting the requirements and to determine which alternative is

the most advantageous alternative to the Government.

\(b\) The FIRMR bulletin series provides guidance on GSA

programs for meeting agencies\' requirements and potential sources

of FIP resources sharing.

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.

201-20.203 Procedures.

The General Services Administration (GSA) has established

various programs to satisfy agencies\' requirements for FIP

resources. Part 201-24 describes these programs and the extent

to which their use or consideration is mandatory.

201-20.203-1 Consideration of alternatives.

\(a\) Agencies shall:

\(1\) Conduct market research to determine the

availability of technology to meet their requirements and to

assist in identifying feasible alternatives;

\(2\) Use GSA\'s mandatory-for-use programs described in

subpart 201-24.1 when their requirements can be met by these

programs, unless they have requested and received an exception to

the use of these programs from GSA;

\(3\) Use GSA\'s mandatory-for-consideration programs

described in subpart 201-24.2 when their requirements can be met

by those programs and using them is the most advantageous

alternative to the Government;

\(4\) Consider using FIP resources available for reuse

within the agency and from other agencies to satisfy their

requirements;

\(5\) Consider using existing FIP resources on a shared

basis to satisfy their requirements; and

\(6\) Consider acquiring FIP resources by contracting.

\(b\) Agencies should also consider using GSA nonmandatory

programs to meet their requirements.

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.

201-20.203-3 \[Reserved\]

201-20.203-4 Conversion.

\(a\) When evaluating alternatives, it is important for the

Government to consider its investment in FIP resources that may

have to be converted, replaced, or disposed of, as a result of

the alternative selected. Therefore, as part of the analysis of

alternatives, agencies shall consider the costs, risk, and

magnitude of conversion from installed FIP resources to

augmentation or replacement resources.

\(b\) To achieve the above, agencies shall perform a

conversion study, commensurate with the size and complexity of

the requirement, for all acquisitions of FIP resources, except

for:

\(1\) Initial acquisitions where no FIP resources exist;

\(2\) Acquisitions of FIP equipment peripherals only; or

\(3\) The exercise of a purchase option under a leasing

agreement.

\(c\) In determining conversion costs, agencies shall include

any cost of conversion that can be stated in dollars, as well as

other expenses directly related to the conversion. However, the

costs associated with the following shall not be included:

\(1\) Conversion of existing FIP software and data bases

that would be redesigned regardless of whether or not

augmentation or replacement FIP resources are acquired.

\(2\) Purging duplicate or obsolete FIP software, data

bases, and files.

\(3\) Development of documentation for existing FIP

application software.

\(4\) Improvements in management and operating

procedures.

\(d\) In performing a conversion study, agencies shall

consider the guidance contained in FIRMR Bulletin C-14 on this

subject.

201-20.203-5 Obsolescence.

As part of the analysis of alternatives, agencies shall

determine strategies for maintaining up-to-date FIP resources and

avoiding outdated FIP resources over the system life.

Subpart 201-20.3 Implementation.

201-20.300 Scope of subpart.

This subpart prescribes the policies and procedures for

implementing the most advantageous alternative selected as a

result of the analysis of alternatives.

201-20.301 General.

Implementation includes the activities in the acquisition

phase, following the analysis of alternatives and selection of

the most advantageous alternative, that are necessary to prepare

the selected alternative for operation.

201-20.302 Implementation plan.

\(a\) Policy. Agencies shall develop an implementation plan,

commensurate with the size and complexity of the selected

alternative, for implementing FIP resources.

\(b\) Procedures.

\(1\) The agency shall designate an individual to be

responsible for executing each implementation plan.

\(2\) The plan shall describe tasks, responsibilities,

resources, and schedules needed to ensure successful

implementation.

201-20.303 Standards.

\(a\) Scope. This section prescribes policies and procedures

for the use of Federal Information Processing Standards (FIPS),

Federal Telecommunications Standards (FED-STDS), interim

standards, and agency-unique standards.

\(b\) General.

\(1\) GSA publishes a handbook titled \"Federal ADP and

Telecommunications Standards Index\" that lists Federal standards.

The index contains information about applicability for each

standard and terminology for including standards in

solicitations. Copies can be purchased from: U.S. Government

Printing Office, Superintendent of Documents, Washington, DC

20402\. FIRMR Bulletin C-3 contains additional information about

the index.

\(2\) Types of Federal standards:

\(i\) Federal Information Processing Standards

(FIPS).

\(A\) FIPS are automatic data processing

standards developed and issued by the National Institute of

Standards and Technology (NIST) after approval by the Secretary

of Commerce, as part of their Federal Information Processing

Standards Publications (FIPS PUBS) series.

\(B\) Public Law 99-500 Title VIII, the

\"Paperwork Reduction Reauthorization act of 1986,\" modified the

definition of automatic data processing equipment (ADPE) to

include most telecommunications equipment and services. Public

Law 100-235, the \"Computer Security Act of 1987,\" expressly

provided the Secretary of Commerce authority for promulgating

NIST developed Federal computer system standards, which were

defined to encompass all ADPE standards. All such ADPE standards

are called FIPS.

\(ii\) Federal Telecommunications Standards

(FED-STDS).

\(A\) FED-STDS are official Federal Government

publications relating to standards developed by the National

Communications System under delegation from GSA. FED-STDS

include those categories in the Federal Supply Class (FSC) of

\"Telecommunications\" of the Federal Standards Program not

redefined as ADPE by Public Law 99-500.

\(B\) FED-STDS relating to ADPE that were in

existence when Public Law 99-500 was enacted are covered by the

modified definition of ADPE in Public Law 99-500 and therefore

fall under the authority of NIST. These standards were

redesignated by NIST as FIPS.

\(3\) Categories of Federal standards.

\(i\) Hardware standards (FIPS).

\(ii\) Software standards (FIPS).

\(iii\) Application standards (FIPS).

\(iv\) Data standards (FIPS).

\(v\) Operations standards (FIPS).

\(vi\) Telecommunications standards (i.e., FED-STDS)

including those FSC telecommunications items not redefined as

ADPE by Public Law 99-500. These standards are developed by the

National Communication System and managed by GSA.

\(vii\) Computer-related telecommunications

standards including those FSC telecommunications items redefined

as ADPE by Public Law 99-500. These standards are issued by NIST

as FIPS.

\(c\) Policies.

\(1\) Technical and requirements personnel shall:

\(i\) Review each standard to determine its

applicability to each requirement; and

\(ii\) Work with contracting officials to ensure

that all applicable Federal standards are specified in any

resulting solicitation.

\(2\) Agencies are encouraged to apply interim Federal

standards when acquiring and using FIP resources. Agencies shall

develop appropriate terminology for use in solicitations that is

consistent with the intended use of the interim standard.

\(3\) When Federal standards do not exist for FIP

resources being acquired, agencies should consider the use of

voluntary standards, both domestic and international.

\(4\) In cases where no Federal, National, or

International Standards exist, agencies shall consider the

development and use of agency-unique standards, provided such use

is not in violation of the full and open competition requirements

of Public Law 98-369, Title VII, the \"Competition in Contracting

Act.\" The use of agency-unique standards shall be coordinated

with NIST.

\(5\) The agency head may allow the use of alternate

standards for the acquisition and use of computer security items.

Such standards must be more stringent than the applicable Federal

standards and contain, at a minimum, the functional provisions of

the applicable Federal standard.

\(d\) Procedures.

\(1\) Waivers. The Secretary of Commerce has delegated

to the heads of executive departments and agencies, the authority

to waive FIPS that are compulsory for agency use in the

acquisition and management of FIP resources. Such waivers by

agency heads shall be in accordance with the conditions and

notification procedures specified by the Secretary of Commerce.

If an individual FIPS is waived, a deviation from the FIRMR is

not required.

\(2\) 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.

201-20.304 Capability and performance validation.

\(a\) Policy. When acquiring FIP resources, an agency shall

use the most economical technique available to provide reasonable

assurance that capability and performance requirements are met.

\(b\) Procedures.

\(1\) In determining the capability and performance

validation techniques to be used, agencies should consider the

guidance contained in FIRMR bulletins. (For complex acquisitions

agencies should also consider the guidance in GSA handbooks.)

The provisions of FIRMR bulletins and GSA handbooks are not

mandatory for use by agencies.

\(2\) 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.

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

\(a\) General.

\(1\) GSA either authorizes agencies to contract for FIP

resources under a delegation of GSA\'s exclusive procurement

authority (DPA) or contracts for these resources on behalf of

agencies. GSA authorizes agencies to contract for FIP resources

by the following methods for granting a DPA:

\(i\) Regulatory delegations as provided by this

section.

\(ii\) A specific agency delegation.

\(iii\) A specific acquisition delegation.

\(2\) The DPAs discussed in this section are given to the

agency\'s DSO, when GSA determines that such officials are

sufficiently independent of program responsibility and have

sufficient experience, resources, and ability to fairly and

effectively carry out procurements under GSA\'s authority as

provided by 40 U.S.C. 759(b)(3).

\(3\) The agency\'s DSO should redelegate, at a maximum,

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.

\(4\) Such redelegation shall not relieve the agency\'s

DSO of the responsibility for conduct of and accountability for

acquisitions of FIP resources made under a DPA from GSA.

\(5\) 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.

\(6\) Under this section:

\(i\) Agencies will justify their information

technology acquisition requirements in terms of functional and

measurable outcomes for the client and the taxpayer.

\(ii\) GSA will continually review acquisitions

performed under its authorities with the goal of assisting

agencies to meet acquisition requirements and achieving favorable

prices compared to market trends. Programs not proceeding as

planned are subject to withdrawal of delegated authorities.

\(7\) 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 (KAA), 18th and F

Streets, NW., Washington, DC 20405.

\(b\) Policies.

\(1\) Agencies shall procure FIP resources under GSA\'s

exclusive procurement authority.

\(2\) Agencies shall not fragment requirements for FIP

resources in order to circumvent established delegations of

procurement authority thresholds.

\(3\) Agencies shall consider severing requirements for

FIP resources from requirements for other resources and

contracting for FIP resources under a delegation when:

\(i\) The requirement for FIP resources can be

clearly identified and explicitly stated in a solicitation;

\(ii\) The technical and operational needs can be

satisfied by severing requirements for FIP resources from

requirements for other resources;

\(iii\) The items can be acquired by the Government

and delivered to the contractor as required by the production

schedule;

\(iv\) Adequate price competition can be achieved on

the FIP resources portion of the requirements;

\(v\) The expected cost reduction will exceed the

added costs of the additional acquisition by contracting;

\(vi\) Severing will not affect the contractor\'s

ability and responsibility to perform as required by the

contract; and

\(vii\) The estimated dollar value of FIP resources

explicitly required by the agency in the solicitation exceeds the

thresholds for regulatory delegations specified in 201-20.305-1.

\(4\) GSA retains the right to revoke or suspend any

delegation when GSA determines that circumstances warrant such

action.

\(5\) 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.

201-20.305-1 Regulatory delegations.

\(a\) Agencies may contract for the following FIP resources

without prior approval of GSA:

\(1\) 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:

\(i\) The acquisition does not include

telecommunications requirements within the scope of FTS2000

services or GSA\'s Consolidated Local Telecommunications Services

Program; or requirements for telecommunications facilities or

services at a location where the contract would result in more

than one agency acquiring a telecommunications switching function

at that location.

\(ii\) The agency has an exception to the use of

FTS2000 services or GSA\'s Consolidated Local Telecommunications

Services Program.

\(iii\) The acquisition includes telecommunications

requirements within the scope of FTS2000 services or GSA\'s

Consolidated Local Telecommunications Services Program, and the

telecommunications facilities or services are acquired through

the use of FTS2000 or GSA\'s Consolidated Local Telecommunications

Services Program.

\(2\) FIP related supplies regardless of cost.

\(3\) Use or acquisition of FIP resources from the

following GSA contracting programs do not require delegations of

procurement authority from GSA:

\(i\) FTS2000 Program.

\(ii\) Consolidated Local Telecommunications

Services Program.

\(iii\) Financial Management Systems Software

Multiple Award Schedule Contracts Program.

\(iv\) Purchase of Telephones and Services Program.

\(v\) Other multiagency services and contracts

provided by GSA\'s Information Resources Management Service (IRMS)

unless the service results in a contract which will be turned

over to the agency after award. (A delegation is required for

agency acquisitions conducted by IRMS when the contract will be

turned over to the agency after award. This includes agency

acquisitions conducted by the Federal Computer Acquisition Center

(FEDCAC)).

\(b\) When FIP equipment, software, services, and support

services (or any combination thereof) are combined and acquired

under a single contract action, a specific acquisition delegation

shall be required when the dollar value of all combined resources

exceeds the regulatory dollar thresholds in paragraph (a)(1) of

this section, or any specific agency delegation threshold.

\(c\) 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.

201-20.305-2 Specific agency delegations.

The Commissioner, Information Resources Management Service,

GSA, or a designee may authorize a DPA for FIP resources for

individual agencies or their components that modifies the

conditions of regulatory delegations. A specific agency DPA is

based on the results of an Information Resources Procurement and

Management Review conducted by GSA and on the agency\'s ability to

acquire, manage, and use FIP resources in accordance with FIRMR

policies and procedures.

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.

201-20.306 Delegation of GSA\'s multiyear contracting authority

for telecommunications resources.

Executive agencies are authorized to enter into multiyear

contracts for telecommunications resources subject to the

following conditions:

\(a\) The agency shall have a delegation of GSA exclusive

procurement authority for FIP resources.

\(b\)

The contract life including options, shall not exceed 10 years.

\(c\) Agencies shall comply with OMB budget and accounting

procedures relating to appropriated funds.

Part 201-21 Operations

Sec.

201-21.000 Scope of part.

Subpart 201-21.1 \[Reserved\]

Subpart 201-21.2 Inventories.

201-21.200 Scope of subpart.

201-21.201 General.

201-21.202 Policy.

201-21.203 Procedures.

Subpart 201-21.3 Security and Privacy.

201-21.300 Scope of subpart.

201-21.301 General.

201-21.302 Policy.

201-21.303 Procedures.

Subpart 201-21.4 Resource Sharing.

201-21.400 Scope of subpart.

201-21.401 General.

201-21.402 Policy.

201-21.403 Procedures.

Subpart 201-21.5 Conversion.

201-21.500 Scope of subpart.

201-21.501 General.

201-21.502 Policy.

Subpart 201-21.6 Use Of Government Telephone Systems.

201-21.600 Scope of subpart.

201-21.601 Authorized use of long distance telephone services.

201-21.602 Collection for unauthorized use.

201-21.603 Listening-in to or recording telephone conversations.

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

201-21.000 Scope of part.

This part prescribes policies and procedures for operating

Federal information processing (FIP) resources.

Subpart 201-21.1 \[Reserved\]

Subpart 201-21.2 Inventories.

201-21.200 Scope of subpart.

This subpart contains policies and procedures for maintaining

inventories of FIP resources, including requirements for agencies

to submit inventory reports to the General Services

Administration (GSA).

201-21.201 General.

\(a\) GSA facilitates the Governmentwide management of FIP

resources by requiring agencies to submit periodic and special

inventory reports of certain FIP resources. The periodic report

is a submission to GSA\'s Automatic Data Processing Equipment/Data

System (ADPE/DS). Procedures for making reports and submissions

are contained in the \"GSA ADPE/DS Reporting Procedures and Users

Manual.\"

\(b\) The manual specifies the items that shall be reported,

the frequency and format of the report, and other reporting

procedures. Copies are available from: General Services

Administration, Federal Data Systems Division (WKH), National

Capital Region, 7th & D Streets, SW, Washington, DC 20407.

\(c\) From time to time, GSA also requires agencies to submit

special inventory reports of items not covered by the ADPE/DS

periodic report.

201-21.202 Policy.

Agencies shall maintain inventories of their FIP resources to

the extent necessary to:

\(a\) Ensure adequate and appropriate FIP resources to support

the agency mission;

\(b\) Identify FIP resources that are outdated or no longer

needed;

\(c\) Serve as the basis for the 5-year plan for meeting the

agency\'s information technology needs and to help determine

requirements for replacement of FIP resources;

\(d\) Ensure that the agency is paying for only those

resources that it is using, and cancels leases for underutilized

resources;

\(e\) Ensure accountability for Government property; and

\(f\) Meet GSA requests for periodic or special inventory

reports.

201-21.203 Procedures.

\(a\) Each agency shall submit a periodic inventory report of

certain of its FIP resources to GSA in accordance with procedures

in the GSA ADPE/DS manual. ADPE/DS is assigned report control

number 0312-GSA-QU.

\(b\) Each agency shall periodically survey its FIP resources

(excluding FIP supplies). The agency shall survey annually those

FIP resources for which the agency is paying a recurring charge,

such as customer premises equipment and software licenses. The

agency may conduct such surveys by using sampling techniques, but

shall conduct a complete survey at least once every 3 years and

in any year in which sampling shows significant discrepancies.

\(c\) Each agency shall comply with GSA requests for special

inventory reports.

Subpart 201-21.3 Security and Privacy.

201-21.300 Scope of subpart.

This subpart prescribes policies and procedures regarding

security of FIP resources, including privacy safeguards for those

FIP resources that process information about individuals.

201-21.301 General.

\(a\) The Office of Management and Budget (OMB), the Office of

Personnel Management (OPM), the Department of Commerce (DOC), and

GSA are responsible for issuing Governmentwide policies,

procedures, standards, and guidance regarding the privacy of

individuals and the security of systems and services that process

sensitive information. OMB Circular No. A-130 explains the

specific responsibilities of these central management agencies

and describes the minimum controls and requirements agencies

shall follow when implementing and operating a security program.

\(b\) The Computer Security Act of 1987 (Public Law 100-235)

requires agencies to identify each FIP system that contains

sensitive information and to prepare a plan for the security and

privacy of these systems. The Act also requires mandatory

periodic training for all persons involved in the management,

use, and operation of FIP systems that contain sensitive

information.

201-21.302 Policy.

Each agency shall ensure that:

\(a\) A proper level of security is maintained for all FIP

resources, including those maintained or provided by contractors,

or State or local governments;

\(b\) FIP resources are operated and maintained to safeguard

the confidentiality, integrity, and availability of information,

including prevention of loss from natural hazards, fire, and

accidents; and

\(c\) FIP resources are operated and maintained in a manner

that protects the personal privacy of individuals.

201-21.303 Procedures.

Agencies shall:

\(a\) Continually review operations to ensure security and

privacy safeguards are implemented, operated, and maintained as

intended, and that these safeguards continue to be effective;

\(b\) Continually monitor FIP systems that support Privacy Act

\"systems of records\" or sensitive information to ensure

protection is not compromised;

\(c\) Modify operations to counter changes in threats and

hazards; and

\(d\) Consider the security and privacy guidance contained in

FIRMR Bulletin C-22, OMB Circular No. A-130, regulations of OPM,

and publications issued by NIST.

Subpart 201-21.4 Resource Sharing.

201-21.400 Scope of subpart.

This subpart describes policies and procedures for sharing of

FIP resources.

201-21.401 General.

\(a\) FIRMR bulletins describe agency FIP facilities and

services available for sharing.

\(b\) The sharing of software is managed under the Federal

Software Exchange Program. FIRMR Bulletin C-12 provides guidance

on this program.

\(c\) OMB Circular No. A-130, establishes Governmentwide

procedures for cost accounting and recovery for shared resources.

201-21.402 Policy.

Agencies shall determine the extent to which they will make

their excess capacity of FIP resources available to other

agencies on a shared basis.

201-21.403 Procedures.

\(a\) FIP Services.

\(1\) Agencies shall contact GSA if they wish to include

their excess capacity of FIP resources available for sharing in

those FIRMR bulletins describing sharing opportunities.

\(2\) Each FIP resources facility shall report the total

dollar amount charged to users (except those whom the facility

has a primary responsibility to support) for the sharing of its

resources during the preceding fiscal year if the total dollar

amount charged to users exceeds \$100,000 during the fiscal year.

\(i\) Agencies may elect to submit reports on a

summarized basis at any organizational level desired.

\(ii\) Agencies shall submit annual reports, no

later than October 20, on GSA Form 2068A to: General Services

Administration, Acquisition Reviews Division (KMA), 18th & F

Streets, NW, Washington, DC 20405. Interagency reports control

number 1106-GSA-AN has been assigned to this reporting

requirement.

\(b\) FIP software. Agencies shall review their general

purpose FIP software to identify software that may be of use to

other agencies, and make such software available to the Federal

Software Exchange Center (FSEC) in accordance with procedures

specified in FIRMR Bulletin C-12.

Subpart 201-21.5 Conversion.

201-21.500 Scope of subpart.

This subpart addresses operating considerations that facilitate

conversion of FIP resources.

201-21.501 General.

\(a\) Management of an agency\'s software inventory and

planning for future conversions will reduce the risk and cost of

conversion, enhance competition, and improve the efficiency of

operations.

\(b\) FIRMR Bulletin C-14 provides guidance on conversion and

conversion studies.

201-21.502 Policy.

Agencies shall operate and maintain FIP resources in a manner

that will:

\(a\) Reduce the risk and minimize the cost of conversion of

FIP systems,

\(b\) Foster competition when contracting for replacement or

augmentation of FIP resources,

\(c\) Ensure portability to facilities designated to meet the

agency\'s contingency operating needs, and

\(d\) Enhance opportunities for sharing.

Subpart 201-21.6 Use of Government Telephone Systems.

201-21.600 Scope of subpart.

This subpart discusses authorized use of telephone systems and

facilities provided, paid for, or reimbursed by the Federal

Government.

201-21.601 Authorized use of long distance telephone services.

\(a\) Scope. This section describes policies and procedures

for the use of Government-provided and commercial long distance

telephone service paid for by the Government.

\(b\) General.

\(1\) Agencies should be familiar with the Office of

Management and Budget (OMB) \"Guidance on the Privacy Act

Implications of Call Detail Programs to Manage Employees\' Use of

the Government\'s Telecommunications Systems\" (52 FR 12990, April

20, 1987).

\(2\) Commercial long distance telephone bills must be

certified in accordance with 31 U.S.C. 1348.

\(3\) FIRMR Bulletin C-13 provides guidance on the

management and control of long distance telephone costs.

\(c\) Policy.

\(1\) Telephone calls placed over Government-provided and

commercial long distance systems that will be paid for or

reimbursed by the Government, shall be used to conduct official

business only.

\(2\) To the maximum extent practicable, Federal

employees shall place calls on Government-provided long distance

telephone systems and services instead of using commercial toll

services.

\(3\) In accordance with 5 CFR 2635.704, the following

practices are prohibited and a willful violation may result in

criminal, civil, or administrative action, including suspension

or dismissal:

\(i\) Use of any Government system or service, or

any other telephone service, where the Government pays the cost

of the long distance call, for other than official business,

except emergency calls and calls the agency determines are

necessary in the interest of the Government.

\(ii\) Making an unauthorized long distance

telephone call with the intent to later reimburse the Government.

\(iii\) Listening-in to or recording telephone

conversations except as specified in 201-21.603.

\(iv\) Unauthorized use of telephone call detail

data.

\(d\) Procedures. Official business calls may include

emergency calls and other calls the agency determines are

necessary in the interest of the Government. FIRMR Bulletin C-13

provides examples of calls that may be considered necessary in

the interest of the Government.

\(1\) Telephone calls may properly be authorized when

they:

\(i\) Do not adversely affect the performance of

official duties by the employee or the employee\'s organization;

\(ii\) Are of reasonable duration and frequency; and

\(iii\) Could not reasonably have been made at

another time; or

\(iv\) Are provided for in a collective bargaining

agreement that is consistent with these regulations.

\(2\) Personal long distance calls that must be made

during working hours may be made over the commercial long

distance network if consistent with the criteria in paragraph

(d)(1) of this section and are:

\(i\) Charged to the employee\'s home phone number or

other non-Government number (third-number call);

\(ii\) Made to an 800 toll-free number;

\(iii\) Charged to the called party if a

non-Government number (collect call); or

\(iv\) Charged to a personal telephone credit card.

\(3\) Agencies shall issue directives on using telephone

facilities and services. Agencies\' contractor-operated

facilities shall be covered by these directives. The directives

may provide further definition of calls necessary in the interest

of the Government and shall include procedures for collection and

reimbursement for unauthorized calls.

201-21.602 Collection for unauthorized use.

\(a\) Agencies shall collect for any unauthorized calls if it

is cost-effective to do so. Reimbursing the Government for

unauthorized calls does not exempt an employee from appropriate

administrative, civil, or criminal action.

\(b\) Agency collections shall include:

\(1\) The value of the call, computed on the basis of

commercial long distance rates rounded to the nearest dollar; and

\(2\) An additional amount rounded to the nearest dollar

to cover the administrative costs of determining that the call

was unauthorized and processing the collection.

201-21.603 Listening-in to or recording telephone conversations.

\(a\) Scope. This section describes the limited circumstances

under which agencies are authorized to listen-in to or record

telephone conversations.

\(b\) General. This section applies only to consensual

listening-in or recording that takes place when at least one

party to a telephone conversation knows it is happening or has

given prior consent. It does not apply to listening-in or

recording done without the knowledge of any of the parties to the

conversation. Such activity is governed by the Omnibus Crime

Control and Safe Streets Act of 1968, as amended (18 U.S.C. 2510

et seq.), the Foreign Intelligence Surveillance Act of 1978 (50

U.S.C. 1801 et seq.), United States Intelligence Activities,

Executive Order 12333, or any successor order.

\(c\) Policy. Agencies shall not listen-in to or record

conversations on any GSA-provided telephone system, any telephone

system acquired under a delegation of GSA procurement authority,

or any telecommunications system approved in accordance with the

Federal Property and Administrative Services Act of 1949, as

amended, except under the following conditions:

\(1\) Law enforcement-national security. When performed

for law enforcement, foreign intelligence, counterintelligence,

or communications security purposes in accordance with procedures

established by the agency head. These procedures shall be in

conformance with applicable laws, regulations, and Executive

orders governing such activities. Communications security

monitoring shall be conducted following notice to a user of any

system covered by this regulation pursuant to procedures approved

by the Attorney General. Line identification equipment may be

installed on telecommunications systems to assist Federal law

enforcement officials in investigating threatening telephone

calls, bomb threats, and other criminal activities. No invasion

of privacy is involved, and such equipment does not violate the

Privacy Act of 1974 or any Federal or State wiretap laws.

\(2\) Public safety. When performed by a Federal

employee for public safety purposes and when documented by a

written determination by the agency head or a designee citing the

public safety needs. The determination shall identify the

segment of the public needing protection and cite examples of the

possible harm from which the public requires protection.

\(3\) Employee with a disability. When performed by a

Federal employee with a disability, and when the head of the

agency or a designee determines that the use of a listening-in or

recording device is required for full performance of the duties

of the employee\'s position description. The equipment shall be

for the exclusive use of the employee with a disability.

Conversations recorded or relayed by operators of

telecommunications devices for the deaf (TDD) relay systems shall

be held in confidence.

\(4\) Public service monitoring. When performed by an

agency official to determine the quality of service, but only

after an analysis of alternatives and a written determination by

the agency head or a designee that telephone conversation

monitoring is required to perform the agency mission.

\(5\) All-party consent. When performed by any Federal

employee with the consent of all parties for each specific

instance. This includes telephone conferences, secretarial

recording, and other acceptable administrative practices. Strict

supervisory controls shall be maintained to eliminate any

possible abuse of this privilege.

\(d\) 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.

\(3\) Each agency that conducts listening-in or recording

associated with public service monitoring shall establish

controls and issue written policies and procedures that provide

for:

\(i\) The agency head or designee to name in writing

those agency officials authorized to listen-in to or record

telephone conversations;

\(ii\) Continuous positive action to inform the

public of monitoring;

\(iii\) No recording of identification of public

callers;

\(iv\) Keeping the number of monitored calls to the

minimum necessary to obtain a statistically valid sample;

\(v\) Conspicuous labeling of telephone instruments

subject to monitoring;

\(vi\) No use of the information obtained by

monitoring against the public party; and

\(vii\) Calling-party consent for calls that are

recorded.

\(4\) The recordings and records pertaining to

listening-in to or recording of any conversations covered by this

regulation shall be used, safeguarded, and destroyed in

accordance with the agency records management program.

\(6\) GSA will periodically review agency listening-in

activities conducted under the public service monitoring

exception to ensure compliance with the intent of this section.

\(e\) Use of recording devices. When recording as permitted

by 201-21.603(c)(2), (3), and (4) of this section, agencies shall

follow Federal Communications Commission rules on obtaining

consent for recording telephone conversations on the nation\'s

public networks (47 CFR 64.501). Proof of consent is the

responsibility of the recording party. Agencies that authorize

employees to record telephone conversations may obtain consent

by:

\(1\) Prior mutual consent (oral or written) of all

parties to the conversation;

\(2\) An oral notification recorded at the beginning, as

a part of the call, by the recording party; or

\(3\) The automatic superimposing of a distinct signal

(e.g., beep tone) at regular intervals during the conversation.

\(f\) Emergency calls. Agencies need not apply the beep tone

or obtain all-party consent before recording calls made to

telephone numbers publicized for emergencies or outgoing calls

made in immediate response to such incoming calls.

Part 201-22 Review and Evaluation

Sec.

201-22.000 Scope of part.

Subpart 201-22.1 Federal Information Resources Management (IRM)

Review Program.

201-22.100 Scope of subpart.

201-22.101 General.

201-22.102 Policies.

201-22.103 Procedures.

Subpart 201-22.2 Information Resources Procurement and

Management Review (IRPMR) Program.

201-22.200 Scope of subpart.

201-22.201 General.

201-22.202 Policies.

201-22.203 Procedures.

Subpart 201-22.3 Obsolescence Review.

201-22.300 Scope of subpart.

201-22.301 General.

201-22.302 Policy.

201-22.303 Procedures.

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

201-22.000 Scope of part.

This part prescribes policies and procedures for General

Services Administration (GSA) or agency-conducted evaluation

programs to help agencies ensure that the acquisition,

management, and use of Federal information processing (FIP)

resources are consistent with applicable laws and regulations.

Subpart 201-22.1 Federal Information Resources Management (IRM)

Review Program.

201-22.100 Scope of subpart.

This subpart prescribes policies and procedures for the Federal

Information Resources Management (IRM) Review Program as it

relates to the management and use of information and to the

acquisition, management, and use of FIP resources in executive

agencies.

201-22.101 General.

\(a\) The Paperwork Reduction Act, as amended (44 U.S.C. 3501

et seq.) requires the Administrator of GSA to assist the Director

of the Office of Management and Budget (OMB) in reviewing, at

least once every 3 years, the information management activities

of each executive agency. GSA has delegated much of its IRM

review responsibilities under the Paperwork Reduction Act to each

agency and serves as the focal agency for collecting, assessing,

and reporting on IRM review results to OMB. GSA has additional

review and oversight responsibilities under the Federal Property

and Administrative Services Act and the National Archives and

Records Administration (NARA) Act.

\(b\) The main objectives of the Federal IRM Review Program

are to determine if agencies are:

\(1\) Carrying out their information management

activities efficiently and effectively;

\(2\) Complying with established IRM policies,

procedures, standards, and guidelines; and

\(3\) Complying with the responsibilities assigned by the

Paperwork Reduction Act.

\(c\) Additional information on the Federal IRM Review Program

is contained in the following GSA-issued documents:

\(1\) Federal IRM Review Program - An Executive Guide.

\(2\) IRM Review Handbook.

\(3\) FIRMR Bulletin C-6.

201-22.102 Policies.

Each agency shall designate an organization to be responsible

for reviewing the agency\'s IRM activities. The agency\'s review

organization shall:

\(a\) Have the authority to review programs, functions, and

activities within the objectives and scope of IRM;

\(b\) Be responsive to established Governmentwide and

agency-specific priorities; and

\(c\) Be responsible for meeting the reporting requirements of

the Federal IRM Review Program.

201-22.103 Procedures.

\(a\) Each agency shall establish an IRM review capability

commensurate with the scope and complexity of the agency mission

and program objectives.

\(b\) Each agency shall develop for its own use, an IRM review

plan that addresses, at a minimum, review priorities, objectives,

compliance with 44 U.S.C. 3506, and planned reviews for the

coming year.

\(c\) Each agency shall submit a report titled \"Annual

Executive Summary,\" to GSA by November 1st of each year in

accordance with procedures established in FIRMR Bulletin C-6.

The report shall:

\(1\) Provide an overview and synopsis of the agency\'s

previous year\'s IRM reviews;

\(2\) Evaluate how well the reviews met overall review

objectives;

\(3\) Assess the benefits of the review effort to the

agency;

\(4\) Demonstrate how the agency is complying with 44

U.S.C. 3506; and

\(5\) Describe planned review activities for the coming

year.

\(d\) GSA may conduct separate reviews of agencies\' IRM

activities to complement and supplement agency efforts. Prior to

a GSA-conducted review, the DSO will be informed of its scope and

the manner in which it will be conducted.

Subpart 201-22.2 Information Resources Procurement and

Management Review (IRPMR) Program.

201-22.200 Scope of subpart.

This subpart prescribes policies and procedures for the

Information Resources Procurement and Management Review (IRPMR)

Program as it relates to the acquisition, management, and use of

FIP resources.

201-22.201 General.

\(a\) The IRPMR focuses on major agency programs and any

related significant FIP resource acquisitions.

\(b\) GSA may use the results of an IRPMR to determine the

level of procurement authority for FIP resources for an agency or

its subagency components.

201-22.202 Policies.

GSA will conduct periodic reviews of agency acquisitions of FIP

resources to:

\(a\) Verify agency compliance with regulations and delegation

of procurement authority (DPA) conditions or limitations;

\(b\) Assess GSA policies and procedures given to agencies;

and

\(c\) Assess the agency\'s planning and control mechanisms

regarding the use of the delegated authority to accomplish

economical and efficient acquisition, management, and use of FIP

resources.

201-22.203 Procedures.

\(a\) Agency action.

\(1\) An agency shall submit comments to GSA on the

factual content of a draft IRPMR evaluation report within 30

calendar days of receiving the report from GSA.

\(2\) Not later than 90 calendar days after the date GSA

sends the final report to the agency, the agency shall submit an

action plan to: General Services Administration, Office of

Federal IRM (KA), 18th & F Streets, NW, Washington, DC 20405.

\(3\) The action plan shall include the following items:

\(i\) Specific actions the agency plans to take on

each evaluation report recommendation. If an agency does not

plan to implement a recommendation, the agency shall document the

reasons for not acting.

\(ii\) The proposed month and year for completing

each planned action.

\(4\) The agency shall submit a progress report every 6

months to the address shown in paragraph (a)(2) of this section,

until the action plan is implemented. Interagency report control

number 0153-GSA-AR has been assigned to this report.

\(b\) GSA action. GSA will:

\(1\) Analyze the adequacy of the action plan;

\(2\) Provide comments to the agency on the plan within

60 calendar days after its transmittal;

\(3\) Notify the agency when progress reports are no

longer required;

\(4\) Take appropriate action when findings show the

agency failed to comply with regulations or the conditions of a

DPA; and

\(5\) Provide the broadest possible delegation of GSA\'s

exclusive procurement authority for FIP resources to the agency,

based on the agency\'s ability to carry out acquisitions in

accordance with the policies and procedures in the FIRMR.

Subpart 201-22.3 Obsolescence Review.

201-22.300 Scope of subpart.

This subpart prescribes policies for reviewing installed FIP

resources for obsolescence.

201-22.301 General.

An obsolescence review is an analysis to determine whether

system life cost savings are obtainable by acquiring newer

technology resources relative to continued operation of existing

outdated resources.

201-22.302 Policy.

Agencies shall replace existing outdated FIP resources that are

no longer the most advantageous alternative for meeting their

requirements.

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 201-23 Disposition

Sec.

201-23.000 Scope of part.

201-23.001 General.

201-23.002 Policies.

201-23.003 Procedures.

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

201-23.000 Scope of part.

\(a\) This part prescribes policies and procedures to be

followed by agencies for disposing of Government-owned Federal

information processing (FIP) equipment that is no longer needed

for the purpose for which it was acquired.

\(b\) This part notifies agencies that exchange/sale

transactions of Government-owned FIP equipment are to be

conducted in accordance with 41 CFR part 101-46.

\(c\) This part describes the circumstances under which the

policies and procedures for disposing of FIP equipment apply to

Government-owned FIP equipment used by grantees and contractors.

\(d\) This part prescribes the policy for screening of FIP

software that is no longer needed for the purpose for which it

was acquired.

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 interagency screening and transfer to another

agency under the GSA Excess FIP Equipment Program;

\(3\) Exchanged or sold as part of a transaction to

acquire replacement FIP equipment;

\(4\) Declared excess and transferred to another agency

outside of the GSA Excess FIP Equipment Program; or

\(5\) Declared surplus and made available for donation.

\(b\) Detailed procedures for using the GSA Excess FIP

Equipment Program are contained in FIRMR Bulletin C-2.

\(c\) 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. (GSA does not require

interagency screening of FIP software.)

201-23.002 Policies.

Agencies shall:

\(a\) Use FIP equipment or 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.

\(d\) 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;

\(3\) For excess FIP software not reassigned,

transferred, exchanged, or sold, either:

\(i\) Return it to the licenser, or

\(ii\) Destroy it after a duly authorized agency

official determines in writing that destruction is the most

cost-effective disposal approach.

201-23.003 Procedures.

\(a\) Each agency head shall designate an agency point of

contact for managing the disposition of FIP equipment and

software. Each agency shall submit the name, address, and phone

number of this individual to: General Services Administration,

Acquisition Reviews Division (KMA), 18th & F Streets, NW,

Washington, DC 20405.

\(b\) Agencies shall:

\(1\) Establish internal procedures for the reassignment

of FIP equipment or software; and

\(2\) Obtain approval from the agency DSO before

reassigning outdated FIP equipment.

\(c\) Agencies shall report to GSA for interagency screening

and transfer to another agency, excess FIP equipment that is not

outdated and has an OAC per component of \$1 million or more.

Agencies may explain any special circumstances and request that

GSA offer FIP equipment with an OAC per component less than \$1

million through the GSA Excess FIP Equipment Program. Agency

reports for the GSA Excess FIP Equipment Program shall be sent

to: General Services Administration, Acquisition Reviews Division

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

\(d\) Regardless of dollar amount, agencies may conduct

exchange/sale transactions of FIP equipment not transferred to

another agency, or FIP software, without further GSA/IRMS

approval under the FIRMR. (Exchange/sale transactions for FIP

equipment may be initiated in parallel with interagency

screening, but screening by GSA 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.

\(e\) 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.

\(f\) 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.

Part 201-24 GSA Services and Assistance

201-24.000 Scope of part.

201-24.001 General.

Subpart 201-24.1 GSA Mandatory-for-Use Programs.

201-24.100 Scope of subpart.

201-24.101 The mandatory FTS2000 network.

201-24.101-1 General.

201-24.101-2 Policies.

201-24.101-3 Procedures.

201-24.102 Consolidated local telecommunications service.

201-24.103 through 201-24.105 \[Reserved\]

201-24.106 National security and emergency preparedness

(NSEP).

201-24.107 Financial Management Systems Software (FMSS)

Multiple Awards Schedule (MAS) Contracts Program.

Subpart 201-24.2 GSA Mandatory-for-Consideration Programs.

201-24.200 Scope of subpart.

201-24.201 Federal Software Exchange Program.

201-24.202 Excess FIP Equipment Program.

201-24.203 Telecommunications assistance programs and

services.

201-24.203-1 Federal Secure Telephone Service (FSTS).

201-24.203-2 Information systems security (INFOSEC).

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

201-24.000 Scope of part.

This part describes mandatory-for-use and

mandatory-for-consideration services and assistance programs

operated or managed by the General Services Administration (GSA)

to meet agencies\' needs. Section 201-24.101 implements the

mandatory-for-use requirements of the FTS2000 contracts.

201-24.001 General.

\(a\) In accordance with 201-20.203-1(a)(2), agencies shall

use GSA\'s mandatory-for-use programs when their requirements can

be met by these programs, unless they have requested and received

an exception to the use of these programs from GSA.

\(b\) In accordance with 201-20.203-1(a)(3), agencies shall

use GSA\'s mandatory-for-consideration programs when their

requirements can be met by these programs and using them is the

most advantageous alternative to the Government.

\(c\) The GSA programs and services discussed in this part are

described more fully in FIRMR bulletins, handbooks, and other GSA

publications. Appendix B to the FIRMR contains current FIRMR

bulletins and appendix C lists bulletins, handbooks, and other

guides.

\(d\) GSA, Federal Supply Service (FSS) manages a Federal

Supply Schedules program that provides some resources that fall

within the definition of FIP resources. When acquiring FIP

resources from Federal Supply Schedules, agencies are responsible

for determining FIRMR applicability in accordance with FIRMR

201-1.002.

\(e\) GSA also provides nonmandatory services and assistance

programs to help agencies meet their FIP resources requirements.

These programs are discussed in FIRMR Bulletin C-9.

\(f\) GSA manages a nonmandatory schedule contracts program

that provides a wide selection of FIP resources. Schedule 58

contains telecommunications resources and Schedule 70 contains

ADP resources.

Subpart 201-24.1 GSA Mandatory-for-Use Programs.

201-24.100 Scope of subpart.

This subpart describes GSA programs and contracts that are

mandatory-for-use by agencies including policies and procedures

regarding mandatory agency use of contracts known as FTS2000.

201-24.101 The mandatory FTS2000 network.

201-24.101-1 General.

\(a\) Federal agencies must use the FTS2000 network for

procurements subject to Section 111 of the Federal Property and

Administrative Services Act (40 U.S.C. 759).

\(b\) GSA will grant exceptions to the use of the FTS2000

network when:

\(1\) The agency\'s procurement requirements are unique

and cannot be satisfied by the FTS2000 network; and

\(2\) The agency procurement would be cost-effective and

would not adversely affect the cost-effectiveness of the FTS2000

network.

\(c\) The FTS2000 network will provide Federal agencies modern

up-to-date intercity telecommunications services over the life of

the program. GSA will enhance existing services and add features

to the FTS2000 network to maintain technologically current

services and to improve services to user agencies. GSA will make

service improvements in accordance with agencies\' needs, contract

provisions, governing regulations and statutes.

\(d\) Specific information concerning FTS2000 services and

procedures for obtaining FTS2000 network prices is provided in

FIRMR Bulletin C-18.

\(e\) As referenced in the FIRMR the terms intercity and long

distance have the same meaning.

201-24.101-2 Policies.

\(a\) 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:

\(1\) The agency requests and obtains from GSA an

exception to the use of the FTS2000 network based on a GSA

determination that:

\(i\) The agency\'s procurement requirements are

unique and cannot be satisfied by the FTS2000 network, and

\(ii\) The agency procurement would be

cost-effective and would not adversely affect the

cost-effectiveness of the FTS2000 network;

\(2\) The agency requests and obtains from GSA an interim

exception to the use of the FTS2000 network based on an

established date for transition to the FTS2000 network; or

\(3\) An exception to the use of the FTS2000 network for

the agency is otherwise provided by law.

\(b\) Unless any of the exceptions listed in paragraph (a) of

this section apply to the procurement, and when overall

procurement requirements include any agency long distance

telecommunications requirements which are within the scope of

FTS2000 services, Federal agencies shall require offerors in new

awards subject to 40 U.S.C. 759 to satisfy those requirements by

using the Government furnished services of the FTS2000 network as

such services become available.

\(c\) For ease of determining and evaluating Government costs,

Federal agencies also shall require offerors to unbundle FTS2000

services in their offers by separately describing and pricing the

FTS2000 services that satisfy Government requirements. However,

the agency solicitation may prescribe an expected solution for

the use of FTS2000. Offerors would then be required to

separately price the Government-furnished services of FTS2000

only if their offers show a different use of FTS2000 than the

Government\'s expected solution.

\(d\) Notwithstanding paragraphs (a) and (b) of this section,

agencies may continue to use intercity telecommunications

services and facilities provided under contracts previously

authorized and awarded under prior FIRMR provisions without

obtaining an exception to the use of the FTS2000 network.

However, agencies shall use available FTS2000 services that can

satisfy their procurement requirements upon expiration of such

contracts. Before exercising renewal options under existing

contracts that will result in the provision of intercity

telecommunications services after September 30, 1991, agencies

shall obtain an interim exception to the use of the FTS2000

network. This interim exception will allow GSA and the agencies

to plan an orderly transition to the FTS2000 network.

\(e\) In planning for transition to the FTS2000 network,

agencies shall be responsible for determining customer premises

equipment requirements to achieve efficient interfaces with the

type of FTS2000 services needed. However, agencies shall avoid

duplicating FTS2000 services. Agencies shall avoid incorporating

inherently intercity features (i.e.,features that can be provided

only as part of an intercity network) of the FTS2000 network in

agency networks. An exception to the use of the FTS2000 network

is hereby provided to agencies with requirements for

non-inherently intercity features to satisfy such features within

a local network.

201-24.101-3 Procedures.

\(a\) FIRMR Bulletin C-18 describes the scope and availability

of FTS2000 services, including procedures for ordering services.

GSA will provide assistance in understanding and pricing the

services available from the FTS2000 network and in developing

plans for transition to the FTS2000 network. For assistance and

information concerning the FTS2000 network, agencies should

contact the General Services Administration, Office of FTS2000

(T). See FIRMR Bulletin C-18 for addresses and telephone

numbers.

\(b\) FTS2000 services may be ordered without obtaining a

specific delegation of procurement authority from GSA. Agencies

seeking an exception to the use of the FTS2000 network are

responsible for documenting their case. A complete agency

request for an exception to the use of the FTS2000 network shall

establish to the satisfaction of GSA that:

\(1\) The agency\'s procurement requirements are unique

and cannot be satisfied by the FTS2000 network;

\(2\) The agency\'s procurement would be cost-effective in

accordance with the provisions of Part 201-20; and

\(3\) The agency\'s procurement would not adversely affect

the cost-effectiveness of the FTS2000 network. (The rebuttable

presumption is that, if an agency procurement requirement is

unique and the resultant procurement would be cost-effective, the

agency procurement would not adversely affect the

cost-effectiveness of the FTS2000 network.)

\(c\) An agency request for an interim exception to the use of

the FTS2000 network shall be based on a GSA established date for

transition of agency requirements to the FTS2000 network.

\(d\) 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.

\(e\) Agencies may conduct procurements for long distance

telecommunications services and facilities without prior approval

of GSA when:

\(1\) The agency\'s requirements are within the scope of

an exception to the use of the FTS2000 network provided by GSA;

and

\(2\) The total dollar value of the procurement,

including the long distance telecommunications, is within the

limits prescribed in 201-20.305-1.

\(f\) An agency may appeal a GSA denial of a request for an

exception to the Office of Management and Budget (OMB) under

procedures in 40 U.S.C. 759(e).

\(g\) 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.

201-24.102 Consolidated local telecommunications service.

\(a\) General. Consolidated local telecommunications service

is available in most buildings occupied by concentrations of

Federal employees. This service includes the major serving

switch or service, universal features and applications, and the

wire and cable to the designated point of connection. FIRMR

Bulletin C-15 describes consolidated local telecommunications

service, how to order it, and how to obtain a current listing of

service locations.

\(b\) Policy. Agencies shall use available consolidated local

telecommunications service to meet their local telecommunications

requirements.

\(c\) Exceptions. Agencies at a location where GSA provides

consolidated local telecommunications service may request an

exception to the mandatory use of such service for unique

requirements.

\(1\) If an exception is granted, agencies may need to

obtain a specific DPA in accordance with 201-20.305.

\(2\) Agencies shall submit requests for exceptions to the

use of consolidated local telecommunications services to: GSA,

Federal Telecommunications Service (TT), 1730 M Street, NW.,

Suite 200, Washington, DC 20036.

\(d\) Procedures. FIRMR Bulletin C-15 describes procedures

for using consolidated local telecommunications service. GSA

charges to agencies for consolidated local telecommunications

service will cover expenses for installation, changes in service,

a common distributable charge, and termination.

201-24.103 through 201-24.105 \[Reserved\]

201-24.106 National security and emergency preparedness (NSEP).

\(a\) General. Executive Order 12472, April 3, 1984, requires

that GSA ensure that the NSEP requirements of agencies are met.

GSA incorporates NSEP safeguards and support features in networks

and services it provides for agencies. GSA also provides

emergency telecommunications for the special needs of agencies

and helps agencies plan, obtain, and maintain continuity of

telecommunications during wartime and non-wartime emergencies.

\(b\) Policy. Agencies shall use available GSA

telecommunications systems and services to meet their NSEP

requirements.

\(c\) Procedures. Before acquiring services or facilities to

meet special NSEP requirements, agencies shall review

GSA-provided services described in FIRMR Bulletin C-20. Agencies

shall coordinate their special NSEP requirements with: General

Services Administration, NSEP Division (KVN), 18th & F Streets,

NW, Washington, DC 20405.

201-24.107 Financial Management Systems Software (FMSS)

Multiple Awards Schedule (MAS) Contracts Program.

\(a\) The Office of Management and Budget (OMB) has

established a Governmentwide FMSS program. To help agencies

implement this program, GSA has established the mandatory FMSS

MAS Contracts Program.

\(b\) The FMSS MAS contracts program is mandatory-for-use by

executive agencies for the acquisition of commercial software for

primary accounting systems and for the acquisition of services

and support related to the implementation of such software.

\(c\) Subpart 201-39.8 provides policies and procedures for

using the FMSS MAS contracts program.

Subpart 201-24.2 GSA Mandatory-for-Consideration Programs.

201-24.200 Scope of subpart.

This subpart describes GSA programs that are

mandatory-for-consideration by agencies.

201-24.201 Federal Software Exchange Program.

\(a\) General.

\(1\) The Federal Software Exchange Program (FSEP) is

administered by the National Technical Information Service of the

Department of Commerce under an interagency agreement with GSA\'s

Office of Technical Assistance. The program promotes the sharing

of common-use software and related documentation.

\(2\) Part 201-21 requires agencies to report common-use

software to the Federal Software Exchange Center (FSEC); FIRMR

Bulletin C-12 contains additional information on the use of the

FSEP.

\(b\) Policy. Before contracting for common-use software,

agencies shall contact the FSEC or review the Federal Software

Exchange Catalog to determine whether common-use software

available from other agencies would be the most advantageous

alternative for meeting the agency\'s requirements.

201-24.202 Excess FIP Equipment Program.

\(a\) General. The GSA Excess FIP Equipment Program

facilitates the reuse of excess FIP equipment components that are

not outdated and that have an original acquisition cost (OAC) of

\$1 million or more. Part 201-23 and FIRMR Bulletin C-2 contain

procedures for disposition and reuse of excess FIP equipment.

\(b\) Policy. Before contracting for FIP equipment, agencies

shall review GSA\'s current Excess Equipment Availability Letter

to determine whether the GSA Excess FIP Equipment Program has FIP

equipment that would satisfy their requirements as the most

advantageous alternative to the Government.

201-24.203 Telecommunications assistance programs and services.

201-24.203-1 Federal Secure Telephone Service (FSTS).

\(a\) General. FSTS is a worldwide secure voice service

designed to protect sensitive and classified voice transmission.

\(b\) Policy. Agencies shall consider the use of FSTS to meet

requirements for the transmission of sensitive or classified

voice information.

\(c\) Procedures. Information, assistance, and guidance

concerning the use of FSTS, including access key arrangements,

are discussed in FIRMR Bulletin C-19.

201-24.203-2 Information systems security (INFOSEC).

\(a\) General. GSA offers worldwide services in support of

agencies\' sensitive and classified information requirements.

Services cover installation, maintenance, key distribution,

design, engineering, and INFOSEC consulting. GSA also operates

and maintains communications security (COMSEC) systems and

services to meet the requirements of agencies.

\(b\) Policy. Agencies shall consider the use of GSA-provided

INFOSEC services and programs and COMSEC support services to meet

their requirements.

\(c\) Procedures. Procedures for obtaining security services

are contained in FIRMR Bulletin C-19.

Parts 201-25 through 201-38 \[Reserved\]

SUBCHAPTER D\--ACQUISITION OF FEDERAL INFORMATION PROCESSING

(FIP) RESOURCES BY CONTRACTING

Part 201-39 Acquisition of Federal Information Processing (FIP)

Resources by Contracting

Sec.

201-39.000 Scope of part.

201-39.001 General.

Subpart 201-39.1 Federal Information Resources Management

Regulation (FIRMR).

201-39.100 Scope of subpart.

201-39.101 Purpose, authority, applicability, and issuance.

201-39.101-1 Purpose.

201-39.101-2 Authority.

201-39.101-3 Applicability.

201-39.101-4 \[Reserved\]

201-39.101-5 Arrangement of part.

201-39.101-6 Copies.

201-39.102 Relationship of acquisition regulations.

201-39.103 \[Reserved\]

201-39.104 Deviations.

201-39.104-1 Deviations from the FIRMR.

201-39.104-2 Deviations from the FAR.

201-39.105 \[Reserved\]

201-39.106 Contracting authority and responsibilities.

201-39.106-1 General.

201-39.106-2 Policy.

201-39.106-3 Procedures.

201-39.106-4 Contract clause.

Subpart 201-39.2 Definitions of Words and Terms.

201-39.200 Scope of subpart.

201-39.201 Definitions.

Subparts 201-39.3 and 201-39.4 \[Reserved\]

Subpart 201-39.5 \[Reserved\]

Subpart 201-39.6 Competition Requirements.

201-39.600 Scope of subpart.

201-39.601 Specific make and model specifications.

201-39.601-1 Policy.

201-39.601-2 \[Reserved\]

201-39.601-3 Authority.

201-39.602 Outdated FIP equipment.

201-39.602-1 Policy.

201-39.602-2 Exception.

Subpart 201-39.7 \[Reserved\]

Subpart 201-39.8 Required Sources of Supplies and Services.

201-39.800 Scope of subpart.

201-39.801 Ordering FIP resources from Federal Supply

Schedules.

201-39.801-1 General.

201-39.801-2 Policy.

201-39.802 Purchase of telephones and services (POTS)

contracts.

201-39.802-1 General.

201-39.802-2 Policies.

201-39.802-3 Procedures.

201-39.803 GSA nonmandatory schedule contracts for FIP

resources.

201-39.803-1 General.

201-39.803-2 Policy.

201-39.803-3 Procedures.

201-39.804 Financial Management Systems Software (FMSS)

Mandatory Multiple Award Schedule (MAS) Contracts Program.

201-39.804-1 General.

201-39.804-2 Policy.

201-39.804-3 Exceptions.

201-39.804-4 Procedures.

Subpart 201-39.9 \[Reserved\]

Subpart 201-39.10 Specifications, Standards, and other Purchase

Descriptions.

201-39.1000 Scope of subpart.

201-39.1001 Security and privacy specifications.

201-39.1001-1 Security specifications.

201-39.1001-2 Privacy specifications.

201-39.1001-3 Contract clause.

201-39.1002 Federal standards.

201-39.1002-1 General.

201-39.1002-2 Policy.

201-39.1002-3 Procedures.

201-39.1002-4 Solicitation provision.

201-39.1003 Specifications for outdated FIP equipment.

Subparts 201-39.11 and 201-39.12 \[Reserved\]

Subpart 201-39.13 Small Purchase and Other Simplified Purchase

Procedures.

201-39.1300 Scope of subpart.

201-39.1301 Policy.

Subpart 201-39.14 Sealed Bidding.

201-39.1400 Scope of subpart.

201-39.1401 General.

201-39.1402 Price-related factors.

201-39.1402-1 Policies.

201-39.1402-2 Exception.

201-39.1403 Solicitation.

201-39.1404 Award.

Subpart 201-39.15 Contracting By Negotiation.

201-39.1500 Scope of subpart.

201-39.1501 Evaluation factors.

201-39.1501-1 Policies.

201-39.1501-2 Exception.

201-39.1502 Solicitation.

201-39.1503 Award.

Subpart 201-39.16 \[Reserved\]

Subpart 201-39.17 Special Contracting Methods.

201-39.1700 Scope of subpart.

201-39.1701 Options.

201-39.1701-1 General.

201-39.1701-2 Applicability.

201-39.1701-3 Policy.

201-39.1701-4 Contracts.

201-39.1701-5 Documentation.

201-39.1701-6 Evaluation.

201-39.1701-7 \[Reserved\]

201-39.1701-8 Solicitation provision and contract clauses.

201-39.1702 Interagency Acquisitions.

201-39.1702-1 Policy.

201-39.1702-2 Procedures.

Subparts 201-39.18 through 201-39.32 \[Reserved\]

Subpart 201-39.33 Protests, Disputes, and Appeals.

201-39.3300 Scope of subpart.

201-39.3301 General.

201-39.3302 Applicability.

201-39.3303 Policy.

201-39.3304 Procedures.

201-39.3304-1 Protest notice.

201-39.3304-2 GSA participation.

Subparts 201-39.34 through 201-39.43 \[Reserved\]

Subpart 201-39.44 Subcontracting Policies and Procedures.

201-39.4400 Scope of subpart.

201-39.4401 Policy.

Subpart 201-39.45 Government Property.

201-39.4500 Scope of subpart.

201-39.4501 Dedicated FIP equipment or software in FIP

services contracts.

201-39.4501-1 General.

201-39.4501-2 Policy.

Subpart 201-39.46 \[Removed and Reserved\]

Subparts 201-39.47 through 201-39.51 \[Reserved\]

Subpart 201-39.52 Solicitation Provisions and Contract Clauses.

201-39.5200 Scope of subpart.

201-39.5201 \[Reserved\]

201-39.5202 Texts of provisions and clauses.

201-39.5202-1 FIRMR Applicability.

201-39.5202-2 Availability of the \"Federal ADP and

Telecommunications Standards Index.\"

201-39.5202-3 Procurement authority.

201-39.5202-4 Evaluation of Options - FIP Resources.

201-39.5202-5 Privacy or security safeguards.

201-39.5202-6 \[Removed and Reserved\]

Subpart 201-39.53 \[Reserved\]

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

201-39.000 Scope of part.

This part sets forth the unique rules that apply

Government-wide to the acquisition of Federal information

processing (FIP) resources by contracting.

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.

Subpart 201-39.1 Federal Information Resources Management

Regulation (FIRMR).

201-39.100 Scope of subpart.

This subpart sets forth basic policies and general information

pertaining to part 201-39 of the Federal Information Resources

Management Regulation (FIRMR).

201-39.101 Purpose, authority, applicability, and issuance.

201-39.101-1 Purpose.

This part 201-39 sets forth FIRMR contracting policies and

procedures in a single part organized for consistency with the

Federal Acquisition Regulation (FAR). This part contains only

those contracting policies and procedures that are unique to FIP

resources.

201-39.101-2 Authority.

This part 201-39 is prepared, issued, and maintained by the

Administrator of General Services under the Federal Property and

Administrative Services Act of 1949, as amended.

201-39.101-3 Applicability.

\(a\) Policies. The FIRMR applies to:

\(1\) The acquisition, management, and use of FIP

resources by Federal agencies.

\(2\) Any Federal agency solicitation or contract when

either paragraph (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) applies:

\(i\) The solicitation or contract requires the

delivery of FIP resources for use by a Federal agency or users

designated by the agency.

\(ii\) The solicitation or contract explicitly

requires the use by the contractor of FIP resources that are not

incidental to the performance of the contract. FIP resources

acquired by a contractor are incidental to the performance of a

contract when:

\(A\) None of the principal tasks of the

contract depend directly on the use of the FIP resources; or

\(B\) The requirements of the contract do not

have the effect of substantially restricting the contractor\'s

discretion in the acquisition and management of FIP resources,

whether the use of FIP resources is or is not specifically stated

in the contract.

\(iii\) The solicitation or contract requires the

performance of a service or the furnishing of a product that is

performed or produced making significant use of FIP resources

that are not incidental to the performance of the contract.

Significant use of FIP resources means:

\(A\) The service or product of the contract

could not reasonably be produced or performed without the use of

FIP resources; and

\(B\) The dollar value of FIP resources

expended by the contractor to perform the service or furnish the

product is expected to exceed \$500,000 or 20 percent of the

estimated cost of the contract, whichever amount is lower.

\(3\) The creation, maintenance, and use of records by

Federal agencies.

\(b\) Exceptions.

\(1\) The FIRMR does not apply to the procurement of FIP

resources:

\(i\) By the Central Intelligence Agency (CIA).

\(ii\) By the Department of Defense when the

function, operation, or use of such resources:

\(A\) Involves intelligence activities,

cryptologic activities related to national security, the command

and control of military forces, or equipment that is an integral

part of a weapon or weapons system; or

\(B\) Is critical to the direct fulfillment

of military or intelligence missions, provided that this

exclusion shall not include FIP resources used for routine

administrative and business applications such as payroll,

finance, logistics, and personnel management.

\(2\) The FIRMR does not apply to radar, sonar, radio, or

television equipment, except that the FIRMR is used by GSA to

implement Federal Telecommunications Standards for radio

equipment.

\(3\) When both FIP and other resources are being

acquired under the same solicitation or contract and the FIRMR

applies to the solicitation or contract, the FIRMR applies only

to the FIP resources.

\(4\) Where the value of the FIP resources to be

delivered does not exceed \$500,000 and constitutes only a minimal

dollar amount of the contract, or is of little consequence to the

major purpose of the contract, the FIRMR does not apply.

\(5\) While the FIRMR may require an agency to include in

Federal solicitations and contracts provisions and clauses that

control the contractor\'s acquisition of FIP resources, the FIRMR

does not apply to FIP resources acquired by a Federal contractor

that are incidental to the performance of a contract.

\(6\) The FIRMR does not apply to the acquisition,

management, and use of products containing embedded FIP equipment

when:

\(i\) the embedded FIP equipment would need to be

substantially modified to be used other than as an integral part

of the product; or

\(ii\) the dollar value of the embedded FIP equipment

is less than \$500,000 or less than 20 percent of the value of the

product, whichever amount is lower. Embedded FIP equipment is

FIP equipment that is an integral part of the product, where the

principal function of the product is not the \"automatic

acquisition, storage, manipulation, management, movement,

control, display, switching, interchange, transmission, or

reception of data or information. In an acquisition where

multiple products are acquired, the exception applies to each

discrete product.\"

\(7\) The FIRMR does not apply to the acquisition,

management, and use of FIP resources that will be used in or as

embedded FIP resources (equipment, software or supplies) in

products excepted from FIRMR coverage under 201-39.101-3(b)(6).

This exception includes replacement or upgrades of the embedded

FIP resources, regardless of the cost.

\(c\) Contract clause. The contracting officer should

consider inserting a clause in solicitations and contracts

substantially the same as the clause at 201-39.5202-1, FIRMR

Applicability, when the agency determines that part 201-39 does

not apply to an acquisition for FIP resources.

201-39.101-4 \[Reserved\]

201-39.101-5 Arrangement of part.

For consistency with the FAR, part 201-39 is divided into 53

subparts consisting of sections and subsections. In the same

manner in which each FAR part deals with a separate aspect of

acquisition, the corresponding subpart of part 201-39 deals with

that aspect of acquisition as it relates to FIP resources. For

example, since FAR part 6 deals with general competition

requirements, FIRMR subpart 201-39.6 sets forth unique policies

and procedures applicable to competition requirements for FIP

resources. If there is no need to supplement a particular FAR

part, the corresponding subpart of part 201-39 is reserved.

201-39.101-6 Copies.

\(a\) Copies of the complete FIRMR in looseleaf or annual

bound versions may be purchased from: Superintendent of

Documents, Government Printing Office (GPO), Washington, DC

20402\.

\(b\) Contracting officers should contact the GPO, their

agency liaison officer, or GSA (KAR) for ordering information.

201-39.102 Relationship of acquisition regulations.

\(a\) This part 201-39 sets forth Governmentwide policies

and procedures unique to the acquisition of FIP resources by

contracting. It relies on the FAR for general policies and

procedures to be used in acquiring these resources. The policies

and procedures of this part 201-39 are in addition to, not in

lieu of, the FAR policies and procedures, except when the FIRMR

specifically requires its policies and procedures, and not those

of the FAR, to be followed.

\(b\) Notwithstanding the fact that the FAR is for the use of

executive agencies in the acquisition of supplies and services,

Federal agencies not otherwise subject to the FAR shall use the

FAR in conjunction with the FIRMR when acquiring FIP resources.

201-39.103 \[Reserved\]

201-39.104 Deviations.

201-39.104-1 Deviations from the FIRMR.

\(a\) Policy. Unless precluded by law, executive order, or

regulation, GSA may grant deviations, as defined in subpart

201-39.2, from part 201-39 when necessary to meet the specific

needs and requirements of each agency. Class deviations

(affecting more than one contract action) and individual

deviations (affecting only one contract action) may be authorized

by:

\(1\) The Commissioner, Information Resources Management

Service, or

\(2\) The officials designated by the Commissioner for

that purpose.

\(b\) Procedures.

\(1\) The agency head (or a designee) shall prescribe

procedures for processing deviation requests.

\(2\) Each request for deviation shall explain the nature

of and the reasons for the deviation.

\(3\) Agencies shall forward requests for deviations to:

General Services Administration, Regulations Analysis Division

(KAR), 18th & F Streets, NW, Washington, DC 20405.

201-39.104-2 Deviations from the FAR.

Deviations from the FAR shall be accomplished in accordance

with FAR subpart 1.4.

201-39.105 \[Reserved\]

201-39.106 Contracting authority and responsibilities.

201-39.106-1 General.

\(a\) Notwithstanding FAR 1.601, authority and responsibility

to contract for FIP resources is vested in the Administrator of

General Services unless an exception in 40 U.S.C. 759(a)(3)

applies. The Administrator of General Services, or a designee,

authorizes agencies to contract for FIP resources by granting a

delegation of procurement authority (DPA) to the agency

designated senior official (DSO) when GSA determines that the DSO

is sufficiently independent of program responsibility and has

sufficient experience, resources, and ability to fairly and

effectively carry out procurements under GSA\'s authority. Such

delegations are granted by one of the following methods:

\(1\) The regulatory delegation of GSA\'s exclusive

procurement authority which allows Federal agencies to contract

for certain types of FIP resources up to specified dollar amounts

without obtaining a specific DPA;

\(2\) A specific agency delegation of GSA\'s exclusive

procurement authority whereby the GSA Commissioner for

Information Resources Management or a designee may authorize

changes in the regulatory DPA for individual Federal agencies (or

components thereof) on the basis of their ability to acquire,

manage, and use FIP resources in accordance with FIRMR policies

and procedures; or

\(3\) A specific acquisition delegation of GSA\'s

exclusive procurement authority provided to the agency as a

result of the submission of an agency procurement request (APR)

to GSA when acquisitions are not covered by either the regulatory

or a specific agency DPA.

\(b\) The agency\'s DSO may redelegate GSA\'s exclusive

authorities for FIP resources to qualified officials. However,

such redelegation does not relieve the DSO of the

responsibilities under 44 U.S.C. 3506 for the conduct of and

accountability for acquisitions of FIP resources made under a DPA

from GSA.

\(c\) Only a contracting officer may enter into and sign a

contract on behalf of the Government. A DPA from GSA does not

make the DSO a contracting officer. Contracting officers are

appointed under procedures established by agency heads under FAR

subpart 1.6.

\(d\) Additional policies and procedures related to

delegations of procurement authority are addressed in part

201-20.

201-39.106-2 Policy.

Before contracting for FIP resources, the contracting officer

shall ensure that the agency\'s DSO has redelegated GSA\'s

procurement authority to the contracting officer.

201-39.106-3 Procedures.

The contracting officer shall consider this 201-39.106, agency

directives, and written instructions to the contracting officer

issued under FAR 1.602-1 to ensure that the contracting officer

is authorized to make the award.

201-39.106-4 Contract clause.

\(a\) All solicitations and contracts for FIP resources

subject to the FIRMR shall contain a clause identifying whether

the contracting action is being conducted under the regulatory

DPA, a specific agency DPA, or a specific acquisition DPA.

\(b\) If the contracting action is being conducted under a

specific agency or specific acquisition DPA, the contract clause

shall also include the GSA case number of the specific DPA.

\(c\) Accordingly, the contracting officer shall:

\(1\) Insert a clause substantially the same as the

clause at 201-39.5202-3, Procurement Authority, in each

solicitation and contract for FIP resources; and

\(2\) Promptly issue an amendment to the solicitation

modifying this clause if any of the facts set forth in it change

prior to contract award.

Subpart 201-39.2 Definitions of Words and Terms

201-39.200 Scope of subpart.

This subpart defines words and terms used in part 201-39.

201-39.201 Definitions.

Designated senior official (DSO) means:

\(a\) The senior official designated by executive agencies

pursuant to the Paperwork Reduction Act to be responsible for

carrying out the agency\'s IRM functions (see 44 U.S.C. 3506); or

\(b\) The senior IRM official designated by the agency head

for Federal agencies not subject to the Paperwork Reduction Act

to be responsible for acquisitions of FIP resources made pursuant

to a DPA.

Deviation means any one or a combination of the following:

\(a\) The issuance or use of a policy, procedure, practice,

solicitation provision, contract clause, or method pertaining to

the acquisition, management or use of Federal information

processing resources that is inconsistent with the FIRMR.

\(b\) The omission or modification of any policy, procedure,

practice, solicitation provision or contract clause required by

the FIRMR.

\(c\) The authorization of lesser or greater limitations on

the delegation, use, or application of any policy, procedure,

solicitation provision, or contract clause prescribed by the

FIRMR, except that this does not preclude an agency from setting

delegation thresholds at more restrictive levels than those

established by the FIRMR.

Federal information processing (FIP) resources means automatic

data processing equipment (ADPE) as defined in Public Law 99-500

(40 U.S.C. 759(a)(2)), and set out in paragraphs (a) and (b) of

this definition.

\(a\) Any equipment or interconnected system or subsystems of

equipment that is used in the automatic acquisition, storage,

manipulation, management, movement, control, display, switching,

interchange, transmission, or reception, of data or information:

\(1\) by a Federal agency, or

\(2\) under a contract with a Federal agency which:

\(i\) requires the use of such equipment, or

\(ii\) requires the performance of a service or the

furnishing of a product which is performed or produced making

significant use of such equipment.

\(b\) Such term includes:

\(1\) computers;

\(2\) ancillary equipment;

\(3\) software, firmware, and similar procedures;

\(4\) services, including support services; and

\(5\) related resources as defined by regulations issued

by the Administrator for General Services.

\(c\) The term, FIP resources, includes FIP equipment,

software, services, support services, maintenance, related

supplies, and systems. These terms are limited by paragraphs (a)

and (b) of the definition of FIP resources and are defined as

follows:

\(d\) FIP equipment means any equipment or interconnected

system or subsystems of equipment used in the automatic

acquisition, storage, manipulation, management, movement,

control, display, switching, interchange, transmission, or

reception of data or information.

\(e\) FIP maintenance means those examination, testing,

repair, or part replacement functions performed on FIP equipment

or software.

\(f\) FIP related supplies means any consumable item designed

specifically for use with FIP equipment, software, services, or

support services.

\(g\) FIP services means any service, other than FIP support

services, performed or furnished by using FIP equipment or

software.

\(h\) FIP software means any software, including firmware,

specifically designed to make use of and extend the capabilities

of FIP equipment.

\(i\) FIP support services means any commercial nonpersonal

services, including FIP maintenance, used in support of FIP

equipment, software, or services.

\(j\) FIP system means any organized combination of FIP

equipment, software, services, support services, or related

supplies.

Lowest overall cost means the least expenditure of funds over

the system life, price and other factors considered, including,

but not necessarily limited to:

\(a\) Prices for the FIP resources;

\(b\) The present value adjustment, if used; and

\(c\) The identifiable and quantifiable costs:

\(1\) Directly related to the acquisition and use of the

FIP resources;

\(2\) Of conducting the contract action; and

\(3\) Of other administrative efforts directly related to

the acquisition process.

Most advantageous alternative means the alternative that

provides the greatest value to the Government over the system

life in terms of price or cost, quality, performance, and any

other relevant factors.

Outdated FIP equipment means any FIP equipment over six years

old, based on the initial commercial installation date of that

model of equipment, and that is no longer in current production.

Radar equipment means any radio detection device that provides

information on range, azimuth, or elevation of objects.

Radio equipment means any equipment or interconnected system or

subsystem of equipment (both transmission and reception) that is

used to communicate over a distance by modulating and radiating

electromagnetic waves in space without artificial guide. This

does not include such items as microwave, satellite, or cellular

telephone equipment.

Sonar equipment means an apparatus that detects the presence

and location of a submerged object by means of sonic, subsonic,

or supersonic waves reflected back to it from the object.

Specific make and model specification means a description of

the Government\'s requirement for FIP resources that is so

restrictive that only a particular manufacturer\'s products will

satisfy the Government\'s needs, regardless of the number of

suppliers that may be able to furnish that manufacturer\'s

products.

System life means a projection of the time period that begins

with the installation of the FIP resource and ends when the

agency\'s need for that resource has terminated.

Television equipment means any equipment (both transmission and

reception) used for the conversion of transient visual images

into electrical signals that can be transmitted by radio or wire

to distant receivers where the signals can be reconverted to the

original visual images. This does not include such items as

monitors for computers or computer terminals or video

conferencing equipment.

Subparts 201-39.3 and 201-39.4 \[Reserved\]

Subpart 201-39.5 \[Reserved\]

Subpart 201-39.6 Competition Requirements.

201-39.600 Scope of subpart.

This subpart prescribes policies and procedures applicable to:

\(a\) The acquisition of FIP resources using specific make and

model specifications; and

\(b\) The use of follow-on contracts to perpetuate outdated

FIP equipment.

201-39.601 Specific make and model specifications.

201-39.601-1 Policy.

An acquisition that uses a specific make and model

specification does not provide for full and open competition and

must be justified and approved in accordance with FAR 6.303 and

6.304.

201-39.601-2 \[Reserved\]

201-39.601-3 Authority.

When the FIP resources required to meet the needs of an agency

can be satisfied only through the use of a specific make and

model specification, the statutory authority to be cited in FAR

6.303-2(a)(4), in lieu of any statutory authority cited in

accordance with FAR 6.302, is: 40 U.S.C. 759(g), as amended.

201-39.602 Outdated FIP equipment.

201-39.602-1 Policy.

The justification requirements of FAR 6.302-1(a)(2)(ii) shall

not be used to perpetuate any contract for outdated FIP equipment

or for FIP equipment to be used with FIP software that requires

general redesign to satisfy mission needs.

201-39.602-2 Exception.

An exception to 201-39.602-1 may be invoked if the agency\'s

DSO determines that such action will be in the Government\'s best

interest.

Subpart 201-39.7 \[Reserved\]

Subpart 201-39.8 Required Sources of Supplies and Services.

201-39.800 Scope of subpart.

This subpart prescribes the policies and procedures applicable

to the acquisition of FIP resources using GSA mandatory and

nonmandatory sources of supply.

201-39.801 Ordering FIP resources from Federal Supply Schedules.

201-39.801-1 General.

GSA directs and manages both the Federal Supply Schedules

program and the GSA nonmandatory schedule contracts for FIP

resources. While most FIP resources available under these

programs are covered by the GSA nonmandatory schedule contracts

for FIP resources, the Federal Supply Schedules also contain some

resources that fall within the definition of FIP resources. Use

of the Federal Supply Schedules program is covered by FAR 8.4 and

use of the GSA nonmandatory schedule contracts for FIP resources

is covered by this subpart 201-39.8.

201-39.801-2 Policy.

The procedures of FAR 8.4 shall be followed when an order for

FIP resources is placed against a GSA Federal Supply Schedule.

201-39.802 Purchase of Telecommunications Services (POTS)

contracts.

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,

deinstallation, 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.

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.

201-39.802-3 Procedures.

Procedures for using the POTS program are contained in FIRMR

Bulletin C-21.

201-39.803 GSA nonmandatory schedule contracts for FIP

resources.

201-39.803-1 General.

\(a\) GSA nonmandatory schedule contracts for FIP resources,

managed by GSA\'s Information Resources Management Service,

provide Federal agencies with a simplified process for obtaining

these resources. GSA awards such contracts to many different

vendors and each contract establishes terms, conditions, and

prices for stated periods of time. These contracts are not part

of the Federal Supply Service (FSS) Schedule program covered in

FAR subpart 8.4 and they are not mandatory sources of supply.

\(b\) Agencies should use GSA nonmandatory schedule contracts

for FIP resources when the contracting officer determines that

placing an order under a GSA nonmandatory schedule contract would

result in a lower overall cost than other contracting methods,

such as issuing a solicitation, using small purchase procedures,

using a nonmandatory agency contract, or using other nonmandatory

GSA programs.

201-39.803-2 Policy.

Use of GSA nonmandatory schedule contracts is a competitive

procedure when:

\(a\) It results in the lowest overall cost alternative to

meet the needs of the Government; and

\(b\) The procedures of this section are followed.

201-39.803-3 Procedures.

\(a\) Prior to selecting a GSA nonmandatory FIP schedule

contract and placing an order, the agency shall justify any

restrictive requirement (e.g., an \"all or none\" requirement or a

requirement for \"only new\" equipment).

\(b\) Ordering activities can place orders of \$2,500 or less

with any GSA nonmandatory FIP schedule contractor. GSA has

already determined the prices of items under these contracts to

be fair and reasonable.

\(c\) To reasonably ensure that a selection represents the

best value and meets the agency\'s needs at the lowest overall

cost alternative, before placing a MAS order of more than \$2,500,

an ordering activity should

\(1\) Consider reasonably available information about

products offered under Multiple Award Schedule contracts; this

standard is met if the ordering activity does the following:

\(i\) Considers products and prices contained in any

GSA MAS automated information system (e.g., Information Resources

Management-On-line Schedules System); or

\(ii\) If automated information is not available,

reviews at least three (3) price lists.

\(2\) In selecting the best value item at the lowest

overall cost (the price of the item plus administrative costs),

the ordering activity may consider such factors as:

\(i\) Special features of one item not provided by

comparable items which are required in effective program

performance;

\(ii\) Trade-in considerations;

\(iii\) Probable life of the item selected as

compared with that of a comparable item;

\(iv\) Warranty conditions; and

\(v\) Maintenance availability.

\(3\) Give preference to the items of small business

concerns when two or more items at the same delivered price will

meet an ordering activity\'s needs.

\(d\) MAS contractors will not be required to pass on to all

schedule users a price reduction extended only to an individual

agency for a specific order. There may be circumstances where an

ordering activity finds it advantageous to request a price

reduction, such as where the ordering activity finds that a

schedule product is available elsewhere at a lower price, or

where the quantity of an individual order clearly indicates the

potential for obtaining a reduced price.

\(e\) Ordering activities should document orders of \$2,500 or

less by identifying the contractor the item was purchased from,

the item purchased, and the amount paid. For orders over \$2,500,

MAS ordering files should be documented in accordance with

internal agency practices. Agencies are encouraged to keep

documentation to a minimum.

\(f\) Requirements or orders shall not be fragmented in order

to circumvent the applicable MOL.

201-39.804 Financial Management Systems Software (FMSS)

Mandatory Multiple Award Schedule (MAS) Contracts Program.

201-39.804-1 General.

\(a\) The Office of Management and Budget (OMB) has

established a Governmentwide financial management systems

software program. To help agencies implement this program, GSA

has established the mandatory FMSS MAS contracts program.

\(b\) Federal agencies may obtain information and assistance

concerning the use of the FMSS MAS contracts program from:

General Services Administration, ADP Systems Procurement Branch

(KECP), FMSS Contracting Officer, 18th and F Streets, NW,

Washington, DC 20405.

\(c\) OMB Circular No. A-127, \"Financial Management Systems,\"

provides further policy direction regarding the FMSS program.

201-39.804-2 Policy.

Executive agencies shall use the FMSS MAS contracts program for

the acquisition of commercial software for primary accounting

systems and for the acquisition of services and support related

to the implementation of such software.

201-39.804-3 Exceptions.

\(a\) If an executive agency holds a licensing agreement for a

software package that is available on the FMSS MAS contracts, and

the package was obtained under a contract awarded before the

award of the FMSS MAS contracts, the agency\'s use of the FMSS MAS

contracts program is optional for the acquisition of services and

support related to the implementation of that package until the

previous non-MAS contract expires.

\(b\) Use of the FMSS MAS contracts program by Federal

agencies that are not executive agencies is optional and is

subject to the FMSS contractor accepting the order.

\(c\) An executive agency shall obtain a waiver from GSA if it

determines that its requirements for financial management systems

software cannot be satisfied through use of the FMSS MAS

contracts program.

\(1\) The request for a waiver shall contain the

following information:

\(i\) A description of the agency\'s requirements;

\(ii\) The reasons the FMSS MAS contracts program

does not satisfy the requirements; and

\(iii\) A description of how the agency proposes to

satisfy its needs for financial management system software.

\(2\) Agencies shall send waiver requests to GSA at the

address in 201-39.804-1(b).

\(3\) If a waiver is obtained from GSA, a deviation from

the FIRMR is not required.

201-39.804-4 Procedures.

\(a\) The contracting officer shall announce the agency\'s

requirements in a letter of interest (LOI) to all contractors

participating in the FMSS MAS contracts program.

\(b\) At the time of issuance, the contracting officer shall

provide a copy of the LOI to GSA at the address in

201-39.804-1(b) and to OMB at the following address: Office of

Management and Budget, Chief Financial Officer, 725 17th Street,

NW, Room 10235, Washington, DC 20503.

\(c\) The LOI shall:

\(1\) Contain sufficient information to enable a

competitive acquisition under the FMSS MAS contracts program;

\(2\) Include instructions to the FMSS MAS contractors

for responding to the LOI; and

\(3\) Include evaluation and award factors.

\(d\) The agency shall conduct an analysis of the offerings of

the FMSS MAS contractors and issue a delivery order to the

contractor that provides the most advantageous alternative to the

Government.

\(e\) The contracting officer may issue single or multiple

delivery orders to satisfy the total requirement.

\(f\) The contracting officer shall provide a copy of each

delivery order, or modification thereto, to OMB at the address

shown in subparagraph (b) of this section and to GSA at the

address in 201-39.804-1(b).

Subpart 201-39.9 \[Reserved\]

Subpart 201-39.10 Specifications, Standards, and other Purchase

Descriptions.

201-39.1000 Scope of subpart.

This subpart prescribes policies and procedures for using

specifications, standards, and other purchase descriptions in

acquiring FIP resources.

201-39.1001 Security and privacy specifications.

201-39.1001-1 Security specifications.

Specifications for security of FIP resources shall include, as

appropriate:

\(a\) Agency rules of conduct that a contractor shall be

required to follow.

\(b\) A list of the anticipated threats and hazards that the

contractor must guard against.

\(c\) A description of the safeguards that the contractor must

specifically provide.

\(d\) The security standards applicable to the contract.

\(e\) A description of the test methods, procedures, criteria,

and inspection system necessary to verify and monitor the

operation of the safeguards during contract performance and to

discover and counter any new threats or hazards.

\(f\) A description of the procedures for periodically

assessing the security risks involved.

\(g\) A description of the personnel security requirements.

\(h\) Consistent with the guidelines for Federal computer

security training issued by the National Institute of Standards

and Technology (NIST) and regulations issued by the Office of

Personnel Management (OPM), a description of the security

training that the contractor is required to provide to its

employees.

\(i\) Consistent with the guidelines issued by the Office of

Management and Budget (OMB) in OMB Bulletin 90-08, a description

of the plan the contractor must develop or follow to provide for

the security and privacy of FIP resources the contractor is

required to operate.

201-39.1001-2 Privacy specifications.

\(a\) Applicability. This subsection is applicable to

executive agencies that are subject to the Privacy Act of 1974

(5 U.S.C. 552a).

\(b\) Procedures. Specifications for the design, development,

or operation of a system of records using commercial FIP services

or support services shall include the following:

\(1\) Agency rules of conduct that the contractor and the

contractor\'s employees shall be required to follow.

\(2\) A list of the anticipated threats and hazards that

the contractor must guard against.

\(3\) A description of the safeguards that the contractor

must specifically provide.

\(4\) Requirements for a program of Government inspection

during performance of the contract that will ensure the continued

efficacy and efficiency of safeguards and the discovery and

countering of new threats and hazards.

201-39.1001-3 Contract clause.

The contracting officer shall insert a clause substantially the

same as the clause at 201-39.5202-5, Privacy or Security

Safeguards, in solicitations and contracts:

\(a\) Requiring security of FIP resources.

\(b\) For the design, development, or operation of a system of

records using commercial FIP services or support services.

201-39.1002 Federal standards.

201-39.1002-1 General.

GSA publishes a handbook titled \"Federal ADP and

Telecommunications Standards Index\" providing guidance to

agencies on the use of Federal standards. The index also

provides optional terminology that may be used to incorporate

standards in solicitations and a \"Standards Checklist\" that can

be included in the solicitation to incorporate applicable Federal

standards. Copies of the index can be purchased from: U.S.

Government Printing Office, Superintendent of Documents,

Washington, DC 20402.

201-39.1002-2 Policy.

The contracting officer shall include in solicitations

terminology to incorporate each standard that is applicable to

the FIP resources being acquired.

201-39.1002-3 Procedures.

The contracting officer shall use one or a combination of the

following methods to implement standards in solicitations:

\(a\) Include in the solicitation the full text of the

terminology contained in the index for each applicable standard.

\(b\) Incorporate in the solicitation the applicable

terminology by reference to the index.

\(c\) For each applicable standard, include the full text of

the terminology as developed by the agency.

201-39.1002-4 Solicitation provision.

If any of the terminology to incorporate standards in

solicitations is incorporated by reference, the contracting

officer shall insert in the solicitation the provision at

201-39.5202-2, Availability of the \"Federal ADP and

Telecommunications Standards Index.\"

201-39.1003 Specifications for outdated FIP equipment.

The contracting officer shall not include specifications for

outdated FIP equipment in a solicitation unless:

\(a\) The agency\'s DSO determines that such action will be in

the Government\'s best interest; or

\(b\) A determination has been made in accordance with

201-39.602

Subparts 201-39.11 and 201-39.12 \[Reserved\]

Subpart 201-39.13 Small Purchase and Other Simplified Purchase

Procedures.

201-39.1300 Scope of subpart.

This subpart prescribes policies and procedures for acquiring

from commercial sources FIP resources whose aggregate amount does

not exceed the small purchase threshold of FAR part 13.

201-39.1301 Policy.

When requirements for FIP resources are to be satisfied through

the use of GSA sources of supply as set forth in subpart

201-39.8, the policies and procedures of FAR part 13 do not

apply.

Subpart 201-39.14 Sealed Bidding.

201-39.1400 Scope of subpart.

This subpart prescribes policies and procedures governing

contracting for FIP resources by sealed bidding.

201-39.1401 General.

This subpart requires the contracting officer to select the bid

that is most advantageous to the Government considering options,

acquisition methods, present value discount factors, and other

price-related factors. Therefore, contracting officers should

consider the factors associated with each acquisition of FIP

resources in order to select the method of contracting that will

best accommodate this requirement.

201-39.1402 Price-related factors.

201-39.1402-1 Policies.

\(a\) In addition to the bid price for the basic and all

optional quantities and contract periods and optional FIP

resources; and the price-related factors set forth in FAR

14.201-8, sealed bid solicitations for FIP resources shall be

structured to require consideration of the following factors, as

applicable, in order to determine which bid is most advantageous

to the Government.

\(1\) Support and in-house costs over the system life for

installing, operating, and disposing, where quantifiable and when

these costs may differ based on offers received.

\(2\) Any costs of conversion that can be stated in

dollars, as well as other costs directly related to converting

from installed to augmentation or replacement FIP resources.

However, the costs associated with the following shall not be

included:

\(i\) Conversion of existing software and data bases

that are to be redesigned regardless of whether or not

augmentation or replacement FIP resources are acquired.

\(ii\) Purging duplicate or obsolete software, data

bases, and files.

\(iii\) Development of documentation for existing

application software.

\(iv\) Improvements in management and operating

procedures.

\(b\) When payments are expected to vary among the

alternatives being considered, or where payments will be made

over an extended period, agencies should adjust prices and costs

to present value and apply the results in source selection.

Agencies should follow the guidance in OMB Circular A-94

regarding present value calculations.

201-39.1402-2 Exception.

Agencies are permitted to award on the basis of the lowest

offered purchase price when:

\(a\) The only acquisition method to be used is purchase;

\(b\) The purchase price of each item being acquired does not

exceed \$100,000; and

\(c\) The total purchase price of all the FIP resources to be

included in the contract does not exceed \$1,000,000.

201-39.1403 Solicitation.

\(a\) The solicitation shall state the means of evaluating all

acquisition methods included in the solicitation.

\(b\) If a present-value adjustment is to be used, the

solicitation shall state the methodology and discount rate that

will be applied in the evaluation process.

201-39.1404 Award.

The contracting officer shall not award a contract providing

for the delivery of outdated FIP equipment unless:

\(a\) The agency\'s DSO determines that such action will be in

the Government\'s best interest; or

\(b\) A determination has been made in accordance with

201-39.602 or 201-39.1003.

Subpart 201-39.15 Contracting By Negotiation.

201-39.1500 Scope of subpart.

This subpart prescribes policies and procedures governing

contracting for FIP resources by negotiation.

201-39.1501 Evaluation factors.

201-39.1501-1 Policies.

\(a\) In addition to the factors set forth in FAR 15.605, the

contracting officer shall evaluate total cost, including the

following factors:

\(1\) All prices for FIP resources including the basic

and optional quantities, basic and optional contract periods, and

optional FIP resources.

\(2\) Other support and in-house costs over the system

life for installing, operating, and disposing, where quantifiable

and when these costs may differ based on offers received.

\(3\) Any costs of conversion that can be stated in

dollars, as well as other costs directly related to converting

from installed to augmentation or replacement FIP resources.

However, the costs associated with the following shall not be

included:

\(i\) Conversion of existing software and data bases

that are to be redesigned regardless of whether or not

augmentation or replacement FIP resources are acquired.

\(ii\) Purging duplicate or obsolete software, data

bases, and files.

\(iii\) Development of documentation for existing

application software.

\(iv\) Improvements in management and operating

procedures.

\(b\) When payments are expected to vary among the

alternatives being considered, or where payments will be made

over an extended period, agencies should adjust prices and costs

to present value and apply the results in source selection.

Agencies should follow the guidance in OMB Circular A-94

regarding present value calculations.

201-39.1501-2 Exception.

Agencies are permitted to award on the basis of the lowest

offered purchase price when:

\(a\) The only acquisition method being solicited is purchase;

\(b\) The purchase price of each item being acquired does not

exceed \$100,000; and

\(c\) The total purchase price of all of the FIP resources to

be included in the contract does not exceed \$1,000,000.

201-39.1502 Solicitation.

\(a\) The solicitation shall state the means of evaluating all

acquisition methods included in the solicitation.

\(b\) If a present-value adjustment is to be used, the

solicitation shall state the methodology and discount rate that

will be applied in the evaluation process.

201-39.1503 Award.

The contracting officer shall not award a contract providing

for the delivery of outdated FIP equipment unless:

\(a\) The agency\'s DSO determines that such action will be in

the Government\'s best interest; or

\(b\) A determination has been made in accordance with

201-39.602 or 201-39.1003.

Subpart 201-39.16 \[Reserved\]

Subpart 201-39.17 Special Contracting Methods.

201-39.1700 Scope of subpart.

This subpart prescribes policies and procedures for using

options and contracts available to Federal agencies for FIP

resources.

201-39.1701 Options.

201-39.1701-1 General.

The use of options may be appropriate in FIP resources

acquisitions because:

\(a\) The FIRMR requires agencies to determine a system life

for each FIP resource requirement and to evaluate costs over the

system life;

\(b\) Funding is normally not available at the time of award

for the entire system life; and

\(c\) Soliciting and evaluating optional quantities, optional

contract periods, and optional FIP resources can be an effective

method to achieve competition for the options and to prevent the

possibility of a contractor \"buying-in.\"

201-39.1701-2 Applicability.

Except as set forth below, the policies and procedures of FAR

subpart 17.2 shall apply to the acquisition of FIP resources,

notwithstanding the language in FAR 17.200.

201-39.1701-3 Policy.

Notwithstanding the language in FAR 17.202, a contract for FIP

resources with options to extend the contract period of

performance, or to acquire additional quantities or optional FIP

resources may be used when:

\(a\) The Government has requirements for the acquisition of

FIP resources extending beyond the basic contract period;

\(b\) Funds are not available for the entire system life, but

a reasonable certainty exists that they will be available in the

future; or

\(c\) Competition for the additional periods, quantities or

optional FIP resources is impracticable once the contract is

awarded.

201-39.1701-4 Contracts.

Notwithstanding the language in FAR 17.204(e), the total of the

basic and option periods for contracts not subject to the Service

Contract Act of 1965 (41 U.S.C. 351 et seq.), as amended, may

exceed 5 years (see FAR 22.10). However, statutes applicable to

various classes of contracts may place additional restrictions on

the length of contracts.

201-39.1701-5 Documentation.

Any justifications and approvals or determinations and findings

required by subpart 201-39.6 or FAR part 6 shall specify both the

basic requirement and all options.

201-39.1701-6 Evaluation.

Notwithstanding the language in FAR 17.206, the contracting

officer shall consider all options in the award evaluation.

201-39.1701-7 \[Reserved\]

201-39.1701-8 Solicitation provision and contract clauses.

In lieu of the solicitation provisions and contract clauses

prescriptions set forth in FAR 17.208, the contracting officer

shall insert the following in solicitations and contracts for FIP

resources that contain options:

\(a\) A provision substantially the same as the provision at

201-39.5202-4, Evaluation of Options - FIP Resources, in the

solicitation;

\(b\) A clause substantially the same as the clause at FAR

52.217-6, Option for Increased Quantity, in the solicitation and

contract; and

\(c\) A clause substantially the same as the clause at FAR

52.217-9, Option to Extend the Term of the Contract, in the

solicitation and contract.

201-39.1702 Interagency Acquisitions.

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.

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.

Subparts 201-39.18 through 201-39.32 \[Reserved\]

Subpart 201-39.33 Protests, Disputes, and Appeals

201-39.3300 Scope of subpart.

This subpart prescribes policies and procedures applicable to

protests concerning FIP resource acquisitions filed with the GSA

Board of Contract Appeals (GSBCA).

201-39.3301 General.

Under Public Law 98-369, as amended (40 U.S.C. 759(f)), the

GSBCA is authorized to hear and decide protests by interested

parties involving acquisitions of FIP resources by Federal

agencies subject to section 111 of the Federal Property and

Administrative Services Act of 1949, as amended (40 U.S.C. 759),

including acquisitions subject to GSA delegations of procurement

authority.

201-39.3302 Applicability.

This subpart is applicable to all Federal agencies.

201-39.3303 Policy.

All Federal agencies shall follow the GSBCA \"Rules of

Procedure\" in 48 CFR chapter 61.

201-39.3304 Procedures.

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 (KAA), 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.

201-39.3304-2 GSA participation.

In delegating procurement authority for FIP resources to

Federal agencies, GSA has the right to intervention in any

protest case involving any Federal agency.

Subparts 201-39.34 through 201-39.43 \[Reserved\]

Subpart 201-39.44 Subcontracting Policies and Procedures.

201-39.4400 Scope of subpart.

This subpart prescribes policies and procedures applicable when

subcontracting includes FIP resources.

201-39.4401 Policy.

In addition to the policies and procedures set forth in FAR

44.202-2, the contracting officer responsible for consent shall

make a written determination for the file that competition was

obtained for FIP resources or that the absence of competition is

properly justified.

Subpart 201-39.45 Government Property.

201-39.4500 Scope of subpart.

This subpart prescribes policies and procedures for providing

Government FIP resources to contractors.

201-39.4501 Dedicated FIP equipment or software in FIP services

contracts.

201-39.4501-1 General.

When an offeror proposes the dedicated use of FIP equipment or

software in performing a FIP service, it means that the offeror

is proposing to use that resource exclusively in providing that

service. When this is the case, it can sometimes be more

advantageous to the Government to provide the FIP equipment or

software to the offeror as Government-furnished property.

201-39.4501-2 Policy.

When a solicitation requires or allows an offeror to propose

the dedicated use of FIP equipment or software in performing a

FIP service, the contracting officer shall ensure that the

solicitation:

\(a\) Reserves the right for the Government to furnish the

dedicated items to the offeror;

\(b\) Requires the offeror to price the use of the dedicated

items on a specific line-item basis; and

\(c\) Requires the offeror to specify the interface

requirements between the offeror\'s system and the dedicated

items.

Subpart 201-39.46 \[Removed and Reserved\]

Subparts 201-39.47 through 201-39.51 \[Reserved\]

Subpart 201-39.52 Solicitation Provisions and Contract Clauses.

201-39.5200 Scope of subpart.

This subpart:

\(a\) Gives instructions for using provisions and clauses in

solicitations and contracts for FIP resources; and

\(b\) Sets forth the solicitation provisions and contract

clauses prescribed by this part 201-39.

201-39.5201 \[Reserved\]

201-39.5202 Texts of provisions and clauses.

201-39.5202-1 FIRMR Applicability.

As prescribed in 201-39.101-3(c), insert a clause

substantially the same as the following in solicitations and

contracts:

FIRMR APPLICABILITY (OCT 90 FIRMR)

This solicitation/contract requires the use or delivery of

Federal information processing resources but the agency has

determined that FIRMR part 201-39 does not apply based on the

exception set forth in 201-39.101-3(b)

\*

(End of clause)

\* Insert the specific sub-paragraph number(s) of the applicable

exception.

201-39.5202-2 Availability of the \"Federal ADP and

Telecommunications Standards Index.\"

As prescribed in 201-39.1002-4, insert the following provision

in the solicitation:

AVAILABILITY OF THE \"FEDERAL ADP AND TELECOMMUNICATIONS

STANDARDS INDEX\" (OCT 90 FIRMR)

Copies of the \"Federal ADP and Telecommunications Standards

Index\" can be purchased from the U.S. Government Printing Office,

Superintendent of Documents, Washington, DC 20402.

(End of provision)

201-39.5202-3 Procurement authority.

As prescribed in 201-39.106-4, insert a clause substantially

the same as the following in solicitations and contracts:

PROCUREMENT AUTHORITY (OCT 90 FIRMR)

This acquisition is being conducted under \* delegation of

GSA\'s exclusive procurement authority for FIP resources. The

specific GSA DPA case number is \*\*

(End of provision)

\* Insert one of the following phrases:

\(1\) \"the regulatory;\"

\(2\) \"a specific agency;\" or

\(3\) \"a specific acquisition.

\*\* Insert one of the following:

\(1\) If the acquisition is being conducted under the

regulatory delegation, insert \"not applicable.\"

\(2\) If the acquisition is being conducted under a specific

agency delegation or a specific acquisition delegation, insert

the case number as provided in GSA\'s letter delegating the

specific procurement authority (e.g., KMA-88-9999).

201-39.5202-4 Evaluation of options - FIP resources.

As prescribed in 201-39.1701-8(a), insert a provision

substantially the same as the following in the solicitation:

EVALUATION OF OPTIONS - FIP RESOURCES (OCT 90 FIRMR)

\(a\) The Government will evaluate offers for award purposes

by adding the total price for all options to the total price for

the basic requirement. These prices will be adjusted by the

applicable discount factors shown in \* of the solicitation.

Evaluation of options will not obligate the Government to

exercise the options. Offers containing any charges for failure

to exercise any option will be rejected.

\(b\) Selection of an offer will be made on the basis of the

most advantageous alternative to the Government provided that the

contract prices reasonably represent the value of bona fide

requirements for each fiscal year. This determination with

respect to contract prices will be made after consideration of

such factors as commercial or catalog prices for short-term

leases, offeror system startup expenses, multiyear price

protection, assured system life availability of equipment,

software, and vendor support. If a determination is made that an

offer does not meet these criteria, that offer cannot be accepted

for award.

(End of provision)

\* Insert one of the following:

\(1\) If a present-value adjustment is being used, indicate the

location in the solicitation where any applicable discount

factors and contemplated payment schedule are specified; or

\(2\) If a present-value adjustment is not being used, insert

\"Not Applicable.\"

201-39.5202-5 Privacy or security safeguards.

As prescribed in 201-39.1001-3, insert a clause substantially

the same as the following clause in solicitations and contracts:

PRIVACY OR SECURITY SAFEGUARDS (OCT 90 FIRMR)

\(a\) The details of any safeguards the contractor may design

or develop under this contract are the property of the Government

and shall not be published or disclosed in any manner without the

contracting officer\'s express written consent.

\(b\) The details of any safeguards that may be revealed to

the contractor by the Government in the course of performance

under this contract shall not be published or disclosed in any

manner without the contracting officer\'s express written consent.

\(c\) The Government shall be afforded full, free, and

uninhibited access to all facilities, installations, technical

capabilities, operations, documentation, records, and data bases

for the purpose of carrying out a program of inspection to ensure

continued efficacy and efficiency of safeguards against threats

and hazards to data security, integrity, and confidentiality.

\(d\) If new or unanticipated threats or hazards are

discovered by either the Government or the contractor, or if

existing safeguards have ceased to function, the discoverer shall

immediately bring the situation to the attention of the other

party. Mutual agreement shall then be reached on changes or

corrections to existing safeguards or institution of new

safeguards, with final determination of appropriateness being

made by the Government. The Government\'s liability is limited to

an equitable adjustment of cost for such changes or corrections,

and the Government shall not be liable for claims of loss of

business, damage to reputation, or damages of any other kind

rising from discovery of new or unanticipated threats or hazards,

or any public or private disclosure thereof.

(End of clause)

201-39.5202-6 \[Removed and Reserved\]

Subpart 201-39.53 \[Reserved\]

AS OF FEBRUARY 26, 1996, 1000 a.m.

Updated through TC 90-12, 11/22/95, and

FIRMR Amendment 7 dated Jan 2, 1996, effective Feb 1, 1996, and

FIRMR Interim Rule 2, Supplement 1, dated January 29, 1996, and

effective immediately .

ASCII TEXT