[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29081]
[[Page Unknown]]
[Federal Register: December 6, 1994]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 201-1, 201-2, 201-3, 201-4, 201-6, 201-7, 201-9, 201-
17, 201-18, 201-20, 201-21, 201-22, 201-24, and 201-39
RIN: 3090-AF31
Amendment of FIRMR Provisions to Ensure Currency and Relevancy
AGENCY: Information Resources Management Service, GSA.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This notice proposes to amend selected Federal Information
Resources Management Regulation (FIRMR) provisions to ensure the
currency and relevancy of the FIRMR. It is issued in accordance with
Executive Order 12866 of September 30, 1993, which requires agencies to
periodically review their significant regulations to determine whether
they should be modified or eliminated.
This rule will make a number of changes to the FIRMR. Among the
more significant changes, are the following: add, change, or remove
FIRMR definitions and acronyms including redefining ``outdated
equipment'' to mean FIP equipment over six years old that is no longer
in current production; revise provisions pertaining to accessibility by
individuals with disabilities to implement the new focus in Pub. L.
102-569 on information rather than equipment; permit agency heads to
grant exceptions to the mandatory use of a Federal Standard (FED-STD)
after notification to GSA; clarify the intent of the FIRMR requirement
for agencies to conduct requirements analyses ``commensurate with the
size and complexity of the need''; allow agencies to substitute similar
documentation prepared in response to programmatic needs for
requirements analyses; establish a threshold below which agencies do
not have to prepare a requirements analysis or analysis of
alternatives; clarify that agencies should only perform an analysis of
alternatives for those alternatives most feasible to implement; raise
the threshold from $50,000 to $1,000,000 for doing an analysis of
alternatives limited to demonstrating that the benefits of the
acquisition will outweigh the costs; require agencies that conduct
telephone monitoring to use some form of oral notice or a beep tone at
the beginning of a call; remove the reporting requirements to GSA for
listening-in to or recording telephone conversations and toll-free
telephone service; clarify procedures for economical capability and
performance validation; revise the scope of obsolescence reviews to
include equipment that may be obsolescing; expand the exception from
$300,000 to $1,000,000 for award based on lowest offered purchase
price; clarify that agencies must submit post delegation information to
GSA for specific acquisition delegations; clarify procedures for
evaluating outdated and obsolete information technology; and remove an
antiquated clause concerning warranty exclusion and limitation of
damages.
DATES: Comments are due: February 6, 1995.
ADDRESSES: Comments may be mailed to GSA/KMR, 18th & F Streets, NW.,
Room 3224, Washington, DC 20405, Attn: Margaret Truntich, or delivered
to that address between 8 a.m. and 4:30 p.m.
FOR FURTHER INFORMATION CONTACT: Margaret Truntich, GSA, Office of
Information Resources Management Policy, Regulations Analysis Division
(KMR), 18th & F Streets, NW., Room 3224, Washington, DC 20405,
telephone FTS/Commercial (202) 501-0837 (v) or (202) 501-0657 (tdd).
SUPPLEMENTARY INFORMATION: (1) Explanation of changes being made by
this issuance are shown below:
(a) Sections 201-1.003(a), 201-3.000, 201-3,001(a), 201-3.101, 201-
3.201(d), 201-3.3 and the title to part 201-3 are amended by deleting
references to the FIRMR system. The FIRMR system was established to
permit agencies to issue regulations that implement or supplement the
FIRMR as part of the CODE of Federal Regulations (CFR). GSA has
determined that agencies have not issued such regulations in the CFR
since the establishment of the FIRMR, and that a FIRMR system is
therefore, unnecessary. Removal of this provision does not mean that
agencies may not issue internal agency directives or orders to
implement or supplement FIRMR provisions.
(b) Section 201-1.003 paragraph (d) is amended by deleting
responsibilities of the Archivist of the United States. It is the
intent of the FIRMR to only implement GSA's authorities and
responsibilities. Including the Archivist's responsibilities in the
FIRMR is, therefore, unnecessary.
(c) Section 201-2.001 paragraphs (a) (1) through (6) are removed.
The original text was taken from the Paperwork Reduction Act. However,
not all provisions were excerpted. This resulted in some confusion.
Accordingly, the text is being removed so that agencies will refer to
the Paperwork Reduction Act to learn the specific responsibilities of
the designated senior official.
(d) Section 201-2.001 paragraph (b) is amended by removing the last
sentence which pertained to agencies not subject to the Paperwork
Reduction Act. This information is adequately covered in Sec. 201-
2.002.
(e) Section 201-2.002 is amended by changing the sequence of
paragraphs (a) through (c). The revised sequence more accurately aligns
the responsibilities of the agency designated senior official (DSO).
(f) Section 201-3 discuss the organization of the FIRMR, how it is
supplemented with other guidance issuances, and its relationship to the
Federal Acquisition Regulation (FAR). Section 201-3.001 is amended to
remove unnecessary details which pertain to circumstances giving rise
to interim rules. This information is more appropriately discussed in
Sec. 201-3.203. Section 201-3.203 paragraph (c) replaces the term
``termporary change'' with the words ``interim rule'' to standardize
terminology pertaining to revising the FIRMR. Also removed for brevity
is a redundant sentence that lists the various types of guidance
material already described. For consistency, the enumeration of the
types of guidance issuances contained in the FIRMR (Sec. 201-3.001(b)
(1) through (3)) is changed to small roman numerals.
(g) Section 201-3.001 paragraph (b)(1) is amended to reflect the
current availability of the FIRMR on CD-ROM.
(h) Section 201-3.204 paragraph (a) is amended to update the phone
number for the Government Printing Office (GPO) Bookstore.
(i) In Secs. 201-4.001 and 201-39.201, the definition for outdated
FIP equipment is revised to shorten the period for determining when FIP
equipment is outdated. The FIRMR defines outdated FIP equipment as any
FIP equipment over eight years old, based on the initial commercial
installation date of that model of equipment, and that is no longer in
current production. This definition has been in existence since 1986
when the product cycle of computer equipment was four years. Since that
time, the product life cycle has decreased to about three years, and
industry spokesmen state that this figure is decreasing even more. When
microcomputers are upgraded, the product cycle may be even less since
typically they are upgraded by replacing internal computer equipment
has little or no market value. In recognition of these faces, the
definition for outdated equipment is being revised to shorten the time
interval from eight to six years after the first commercial
installation at which point equipment no longer produced is considered
to be outdated.
(j) Section 201-4.001 is amended by adding a new definition for
``Records management. The FIRMR discusses records management in subpart
201-9.1, but has never included a definition. The definition added is
the same as contained in OMB Circular A-130. Also, the existing
definitions of ``application software'' and ``common-use software'' are
designated (a) and (b) respectively of the larger term, ``Software''
for consistency of format.
(k) Section 201-4.002 is revised to include the following new
acronyms: CBD, FED-STD, FSTS, GAO, GSBCA, IRPMR, MIL, OAC, and POTS.
These acronyms were used in the FIRMR index, but previously were not
defined.
(l) Section 201-4.003, Applicable OMB Circulars, is being added. In
order to avoid future changes to FIRMR text caused by revisions of OMB
Circular titles, this new section is added to include the current
titles of all OMB Circulars referenced in the FIRMR.
(m) Section 201-6.001 is revised to add a new item (a)(5) to more
closely reflect the provisions of the Paperwork Reduction Act, as well
as address matters raised in OMB Circular A-130. These include
improving service delivery, dissemination of information, increasing
productivity, improving quality of decision making, reducing fraud and
waste, and reducing the information processing burden. Section 201-
6.001 is also revised to redesignate the previous item (5) as new item
(6).
(n) A series of revisions are being made due to Pub. L. 102-569
October 29, 1992), which amended the Rehabilitation Act of 1973
broadening the scope of accessibility for individuals with
disabilities. These revisions capture more thoroughly the intent of
Pub. L. 102-569. The previous version of the Rehabilitation Act only
required that GSA ensure those with disabilities can access ``electric
office equipment.'' The revised statute recognizes that while equipment
accessibility is important, that alone is not sufficient because an
agency's applications software and user interfaces can impede the
functional use of a computer if they do not have features permitting
use by individuals with disabilities. The revised statutory provision
emphasizes that all individuals must be able to use technology to
accomplish the same end objectives.
A new Sec. 201-6.002(g) is added to include as a predominant
consideration in the management and use of information and records, the
importance of ensuring that individuals with disabilities can produce
information and data, and have access to information and data,
comparable to the information and data, and access, respectively, of
others. Section 201-6.002 is also revised to redesignate the previous
item (g) as new item (h).
In addition to the insertion of Sec. 201-6.002(g), discussed above,
other provisions of the FIRMR pertaining to accessibility by
individuals with disabilities are being revised to incorporate the
statutory intent of Pub. L. 102-569. These other FIRMR provisions are:
--201-17.001(j)--Predominant Considerations in the Management and Use
of Federal Information Processing (FIP) Resources;
--201-18.001(e), which generally describes the Federal Government's
statutory responsibility to foster accessibility for individuals with
disabilities;
--201-18.002(c), which pertains to adoption of accessibility guidelines
in agency IRM plans; and
--201-20.103-7(a), which requires agencies to incorporate accessibility
requirements in their acquisitions of FIP resources.
(o) Section 201-7.001 paragraph (b) is revised to delete a
reference to canceled OMB Circular A-3.
(p) Section 201-7.002 paragraph (c) is revised to clarify when
information needs are determined. The existing text suggested that
information needs were to be determined before conducting a
requirements analysis. The revised text reflects that determining
information needs and analyzing requirements are frequently concurrent
activities.
(q) Section 201-9.202-1 paragraph (b)(9) is revised to update the
current mailing address for the Supply Management Division.
(r) The existing text in Sec. 201-20.001(d) referenced the specific
subjects of requirements analysis and analysis of alternatives in the
GSA Acquisition Guide series. The reference to the guide series is
unnecessary and is being deleted.
(s) Subpart 201-20.1 is revised to clarify GSA's intent regarding
the preparation of requirements analyses. Currently, the FIRMR requires
agencies to document their requirements for FIP resources ``by
conducting a requirements analysis commensurate with the size and
complexity of the need.'' Some agencies have questioned the necessity
of conducting a requirements analysis and preparing the required
documentation when a similar document has already been prepared in
conformance with agency programmatic needs. The FIRMR is being revised
to allow agencies to use such similar documents if they address the
basic information required in a requirements analysis. Other agencies
have misinterpreted the intent of the phrase ``commensurate with the
size and complexity of the need,'' and, in some cases, are over
documenting requirements for small dollar acquisitions. These small
dollar acquisitions are usually for commercial items readily available
in the competitive marketplace. FAR planning provisions and agencies'
local procurement practices provide sufficient information for
requirements to justify small dollar value acquisitions.
To ensure more expeditious and efficient acquisitions, this rule
establishes a threshold for when agencies must conduct requirements
analyses and analyses of alternatives. Sections 201-20.102 and 201-
20.202 are revised to eliminate the requirement to perform requirements
analyses and analyses of alternatives for acquisitions of FIP resources
when the total estimated system life costs are less than $100,000.
Additionally, Sec. 201-20.103 is revised to require that agencies only
consider the factors in this section if it is appropriate to do so.
This allows agencies to exercise discretion regarding whether or not to
include the factors in their requirements analyses.
(t) Subpart 201-20.1 requires agencies to perform an analysis of
alternatives based on the requirements analysis to determine the most
advantageous alternative that will meet their needs. Like the
requirements analysis, the analysis of alternatives must be
``commensurate with the size and complexity of the agency's need''. As
indicated in Sec. 201-20.203-1(a)(1), GSA's intention was that agencies
only include in the analysis of alternatives those alternatives that
are truly feasible to implement. It has come to our attention, however,
that some agencies are analyzing all alternatives, whether or not they
are feasible in the specific circumstance. This unnecessarily
complicates and lengthens the acquisition process. Accordingly,
Sec. 201-20.202, which states the FIRMR policy on performing analyses
of alternatives, is being revised to emphasize that agencies should
limit the number of alternatives analyzed to those that are feasible to
implement. Other changes are also being made to this subpart. Section
201-20.203-2 is being revised to increase from $50,000 to $1,000,000
the threshold for performing a more detailed analysis of alternatives.
Agencies will be given the option of performing either an analysis
using the present value of money if the estimated amount of their
proposed acquisition is less than $1,000,000 or an analysis that
demonstrates that the benefits of the acquisition will outweigh the
costs. This change will help to streamline the acquisition process by
reducing documentation requirements for a greater number of smaller
acquisitions. Additionally, paragraph 201-20.203-2(c) is being revised
to delete the title of OMB Circular A-94 and to move it to the new
Sec. 201-4.003.
(u) Section 201-20.203 paragraph (d)(2) is revised to permit agency
heads to grant exceptions to FED-STDS provided GSA is notified at least
30 days prior to any use of the excepted FED-STD, e.g., in a
solicitation. This change empowers agencies to accomplish their
missions more effectively.
(v) Section 201-20.304 paragraphs (a) and b(1) deal with capability
and performance validation. They are revised to require use of
validation techniques that are more economical to Government and
industry than use of a benchmark or an operational capability
demonstration (OCD). In the early years of computing, comprehensive
benchmarks, stress tests, and OCDS were useful for validating
reliability, performance and other requirements. In today's mature
industry, the reliability and stability of the marketplace offerings
are much higher. Also, there is substantial empirical data available
from independent sources to assist agencies in assessing how a proposed
system will perform in their environment and with their workloads. As a
result, the use of benchmarks or OCDs may not be the most advantageous
approach in many acquisitions. This is more likely to be the case for
those acquisitions that do not require customized hardware and/or
software. Agencies will not be required to select the most economical
technique available that will meet their minimum needs. Additionally,
Sec. 201-20.304(b)(2) is revised to delete the adjective ``actual'' in
front of the word ``requirements''. The world ``actual'' caused some
confusion about the meaning of ``When a benchmark is used as part of
performance validation, agencies shall ensure, that the FIP software
selected for benchmarks is representative of actual requirements * *
*'' In fact, agencies acquire systems to accommodate a workload over a
life cycle of some years. Any agency's definition of its requirements
at the time of acquisition is its best estimate of workload that will
ultimately occur over the ensuing years.
(w) Section 201-20.305-3 is revised to emphasize the agency
requirement for the submission of post delegation information to GAS
for specific delegations. With the increased emphasis on results
oriented performance, GAS will seek information demonstrating that
agencies are obtaining the benefits cited in their agency procurement
requests.
(x) Section 201-21.201 paragraph (b) is revised to reflect the
current name and symbol of a GSA organization.
(y) Section 201-21.301 paragraphs (a) and (d) are revised to delete
references to OMB Circular A-130, Appendix III.
(z) Section 201-21.401 paragraph (c) is revised to remove
references to OMB Circular A-130, Appendix II, which is proposed for
revision; and to remove the title of the Circular since it appears in
the new Sec. 201-4.003.
(aa) Section 201-21.43 is amended to change the annual report date
from November 30 to October 20 for reporting the dollar amount charged
to users for the sharing of excess FIP resources. This earlier due date
allows for more timely submission of GSA's consolidated Governmentwide
report to Congress.
(bb) Section 201-21.603 is amended to delete the agency reporting
requirement and to add a requirement that agencies that do public
service monitoring provide an oral notice or beep tone at the beginning
of a call. This section currently prohibits agencies listening-in to or
recording telephone conversations, on a 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 certain circumstances. Agencies that listen-in or
record conversations for public safety, public service monitoring or to
assist individuals with disabilities must notify GSA in writing at
least 30 days before the operational date. This notification provision
is being removed because it places an unnecessary burden on agencies.
GSA does not have any affirmative enforcement or other function with
regard to listening-in that would make this reporting requirement
necessary. Such responsibilities rest solely with the reporting agency.
Accordingly, in line with placing authority and responsibility at the
appropriate level, this reporting requirement will be removed as will
the provision that GSA will periodically review agency listening-in
activities.
Section 201-603 paragraph (d)(4)(ii) requires that agencies that
perform public service monitoring provide for continuous positive
action to inform the public of that monitoring. Some agencies have
interpreted this to mean that including a statement in agency
publications that calls to the agency may be monitored meets this
requirements. After careful review, GSA has determined that since all
callers may not see such publications, additional notification is
required. Accordingly, we propose adding a provision that requires
agencies to provide an upfront announcement or beep tone at the
beginning of a call to advise callers of potential monitoring. Since
such an announcement may increase communications costs, we request that
agencies provide us detailed information about any negative impact
implementation of this provision may have on them. We will carefully
review this information before reaching a decision on whether to
include this provision in the final rule.
(cc) Section 201-21.604, requires agencies to forward to GSA copies
of each order for toll free telephone service. Documentation submitted
is to include estimates of monthly costs and usage, and cite the
relevant statute, Executive Order, or other regulation directing the
toll free service. This provision is being removed because the use of
toll-free telephone services are sufficiently routine that close
supervision by GSA is no longer needed. Removal of this provision
reduces costly and burdensome over-regulation and places authority and
responsibility with the agency.
(dd) Section 201-22.303 is revised to expand the scope of the
subpart. Currently, this provision requires agencies to review the use
of equipment that is already outdated and to determine if continued use
is economical. This provision is revised also to expand the scope of
the review to include equipment that may be obsolescent. This change is
made to encourage agencies to ensure that their FIP equipment always
remains economical and efficient. Guidelines are provided to assist
agencies in identifying obsolescent equipment. Agencies are encouraged
to replace their obsolescent equipment if the cost of continued use
exceeds the cost of acquiring and operating newer technology.
(ee) Section 201-39.1001-1 is amended by removing the words ``OMB
Bulletin 88-16'' in paragraph (i) and adding in their place ``OMB
Bulletin 90-08''.
(ff) Sections 201-39.1402-2 paragraph (c) and 201-39.1501-2
paragraph (c) are revised to increase the thresholds below which
certain factors need not be considered in determing the lowest bid or
total proposed cost, respectively. In determining the lowest bid in a
sealed bidding acquisition, Sec. 201-39.1402-1 requires agencies to
factor in costs pertaining to life cycle support and conversion. In
determing the total cost of a proposal in a negotiated acquisition,
Sec. 201-39.1501-1 requires agencies to factor in costs pertaining to
life cycle support and conversion. These thresholds are increased from
$300,000 to $1,000,000 in order to give agencies greater discretion in
managing their acquisitions.
(gg) Subpart 201-39.46 is amended to delete provisions that are
more adequately addressed in FAR Subpart 46. This subpart addresses
quality assurance and provides guidance limiting contractor liability
in contracts for FIP resources. Unless circumstances warrant otherwise,
contracting officers are instructed to insert a limitation of liability
clause found at Sec. 201-39.5206. FAR Subpart 46 also provides guidance
on limitation of contractor liability. The FAR's guidance is more
comprehensive and flexible than is the FIRMR's. The FAR provides
multiple contractual clauses from which a contracting officer must
choose. One clause applies to contracts for the delivery of non-high
value end items, a second to the delivery of high-value end items, and
a third to the provision of services. Contracting officers are
instructed to combine relevant parts of each clause for contracts
involving more than one of these categories. Accordingly, the FIRMR
provision and clause found at Sec. 201-39.5202-6 are removed so that
the corresponding FAR provision will apply.
(2) GSA has determined that this rule is not a significant rule for
the purposes of Executive Order 12866 of October 4, 1993, because it is
not likely to result in any of the impacts noted in Executive Order
12866, affect the rights of specified individuals, or raise issues
arising from the policies of the Administration. GSA has based all
administrative decisions underlying this rule on adequate information
concerning the need for and consequences of this rule; has determined
that the potential benefits to society from this rule outweigh the
potential costs; has maximized the net benefits; and has chosen the
alternative approach involving the least net cost to society.
List of Subjects in 41 CFR Parts 201-1, 201-2, 201-3, 201-4, 201-6,
201-7, 201-9, 201-11, 201-17, 201-18, 201-20, 201-21, 201-22, 201-23,
201-24, and 201-39
Archives and records, Computer technology, Government procurement,
Property management, Records management, Telecommunications.
Accordingly 41 CFR parts 201-1, 201-2, 201-3, 201-4, 201-6, 201-7,
201-9, 201-11, 201-17, 201-18, 201-20, 201-21, 201-22, 201-23, 201-24,
and 201-39 are proposed to be amended as follows:
PART 201-1--APPLICABILITY AND AUTHORITY
1. The authority citation for part 201-1 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
Sec. 201-1.003 [Amended]
2. Section 201-1.003 is amended by removing the word ``system''
from paragraph (a) and removing paragraph (d).
PART 201-2--DESIGNATED SENIOR OFFICIALS
3. The authority citation for part 201-2 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
4. Section 201-2.001 is revised to read as follows:
Sec. 201-2.001 General.
(a) 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.
(b) The PRA also assigns to the designated official the
responsibility for the conduct of and accountability for acquisitions
of FIP resources made under a DPA from GSA. Therefore, when GSA
delegates its procurements authority to executive agencies, it grants
those delegations to the designated officials 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).
Sec. 201-2.002 [Amended]
5. Section 201-2.002 is amended by redesignating paragraphs (a),
(b), and (c) as paragraphs (c), (a), and (b) respectively.
Sec. 201-2.003 [Amended]
6. Section 201-2.003 is amended by removing the words ``18th and F
Streets, NW.,'' in paragraph (a).
PART 201-3--THE FIRMR
7. The authority citation for part 201-3 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
8. The heading of Part 201-3 is revised to read as set forth above.
9.-10. Section 201-3.000 is revised to read as follows:
Sec. 201-3.000 Scope of part.
This part describes the Federal Information Resources Management
Regulations.
11. Section 201-3.001 is revised to read as follows:
Sec. 201-3.001 General.
(a) The Federal information Resources Management Regulation (FIRMR)
is codified in the Code of Federal Regulations (CFR) and includes
interim rules which have the same effect as codified material.
(b) From time to time, the General Services Administration (GSA)
will issue nonregulatory publications to provide guidance and
information:
(1) FIRMR bulletins contain guidance and information on various
information resources management areas. FIRMR bulletins do not
constitute binding authority, but should be used as an aid in
understanding GSA programs and the FIRMR. FIRMR bulletins are published
in Appendix B of the looseleaf edition of the FIRMR and are available
along with the FIRMR from GPO by subscription or on GSA's CD-ROM.
(2) Handbooks and reports address specific program or technical
areas where the audience generally will be defined by the subject
matter.
(3) Appendix C of the looseleaf edition of the FIRMR contains a
listing of current bulletins, handbooks, and reports and information on
how to obtain them.
Sec. 201-3.101 [Amended]
12. In Sec. 201-3.101, remove the word ``system''.
13. Section 201-3.201 is amended by revising paragraph (d) to read
as follows:
Sec. 201-3.201 Issuance.
* * * * *
(d) The FIRMR is issued as chapter 201 of title 41, CFR.
14. Section 201-3.203 is amended by revising paragraph (c) to read
as follows:
Sec. 201-3.203 Maintenance.
* * * * *
(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.
15. Section 201-3.204 is amended by removing the phone number
``275-2091'' in paragraph (a) and add in its place ``512-0132''.
Secs. 201-3.300--201-3.302 (Subpart 201-3.3)--[Reserved]
16. Subpart 201-3.3 consisting of Secs. 201-3.300 through 201-3.302
is removed and reserved.
PART 201-4--DEFINITIONS, ACRONYMS AND OMB CIRCULARS
17. The authority citation for part 201-4 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
18.-19. Section 201-4.000 is revised to read as follows:
Sec. 201-4.000 Scope of part.
This part defines words, terms, acronyms, and OMB Circulars used in
the FIRMR.
Sec. 201-4.001 [Amended]
20. Section 201-4.001 is amended by removing the words
``Information resources management'' and add in their place
``Information resources management (IRM)''.
Sec. 201-4.001 [Amended]
21. Section 201-4.001 is amended by removing the word ``eight'' in
the definition Outdated FIP equipment and add in its place ``six''.
22. Section 201-4.001 is amended by adding a new definition to read
as follows:
Sec. 201-4.001 Definitions.
* * * * *
Records management means the planning, controlling, directing,
organizing, training, promoting, and other managerial activities
involved with records creation, records maintenance and use, and
records disposition in order to achieve adequate and proper
documentation of the policies and transactions of the Federal
Government and effective and economical management of agency operations
(44 U.S.C. 2901(2)).
* * * * *
Sec. 201-4.001 [Amended]
23. Section 201-4.001 is amended by removing the word ``Software''
and in its place adding ``Software includes--'' and adding paragraph
designations to the undesignated paragraphs to read as follows:
Software includes--
(a) Application software * * *
(b) Common-use software * * *
* * * * *
24. Section 201-4.002 is amended by removing the acronym ``MAS'',
alphabetizing the acronyms ``GPO'' and ``GSA'', and adding new acronyms
to read as follows:
Sec. 201-4.002 Acronyms.
* * * * *
CBD means Commerce Business Daily.
* * * * *
FED-STD means Federal Telecommunications Standards.
* * * * *
FSTS means Federal Secure Telephone Service.
* * * * *
GAO means General Accounting Office.
GPO means Government Printing Office.
GSA means General Services Administration.
GSBCA means General Services Board of Contract Appeals.
* * * * *
IRPMR means Information Resources Procurement and Management
Review.
* * * * *
MOL means Maximum Ordering Limitation.
* * * * *
OAC means Original Acquisition Cost.
* * * * *
POTS means Purchase of Telephones and Services.
* * * * *
25. Section 201-4.003 is added to read as follows:
Sec. 201-4.003 Applicable OMB Circulars.
A-11 Preparation and submission of budget estimates.
A-94 Benefit-cost analysis of Federal programs; guidelines and
discounts.
A-127 Financial management systems.
A-130 Management of Federal information resources.
PART 201-6--PREDOMINANT CONSIDERATIONS
26. Section 201-6.001 is amended by revising paragraphs (a)(3) and
(a)(5) and adding paragraph (a)(6) to read as follows:
Sec. 201-6.001 General.
(a) * * *
(3) Maximize the usefulness of information collected, maintained,
and disseminated by the Federal Government;
* * * * *
(5) Ensure that FIP resources are acquired and used by the Federal
Government in a manner which improves service delivery and program
management, increases productivity, improves the quality of
decisionmaking, reduces waste and fraud, and wherever practicable and
appropriate, reduces the information processing burden for the Federal
Government and for persons who provide information to and for the
Federal Government; and
(6) Ensure that the collection, maintenance, use, and dissemination
of information by the Federal Government is consistent with applicable
laws, regulations, and executive orders.
* * * * *
27. Section 201-6.002 is amended by redesignating paragraphs (g)
through (m) as paragraphs (h) through (n) respectively and adding a new
paragraph (g) to read as follows:
Sec. 201-6.002 Predominant considerations.
* * * * *
(a) * * *
(g) Ensure that individuals with disabilities can produce
information and data, and have access to information and data,
comparable to the information and data, and access, respectively, of
other individuals.
* * * * *
PART 201-7--PLANNING
28. The authority citation for part 201-7 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
29. Section 201-7.001 is amended by revising paragraph (b) to read
as follows:
Sec. 201-7.001 General.
* * * * *
(b) The Paperwork Reduction Act (44 U.S.C. Chapter 35) OMB Circular
No. A-11, and No. A-130, and the Computer Security Act of 1987 (Public
Law 100-235) require agencies to conduct various information resources
management (IRM) planning activities. OMB Circular No. A-130 (appendix
IV) states that executive agencies must plan for how they will process
and transmit information, how they will use it, what provisions they
will make for access to it, whether and how they will disseminate it,
how they will store it, and finally, how they will dispose of the
information.
* * * * *
30. Section 201-7.002 is amended by revising paragraph (c) to read
as follows:
Sec. 201-7.002 Policies.
* * * * *
(c) Ensure that the agency's information needs are documented on a
timely basis, for example when conducting a requirements analysis for
FIP resources.
PART 201-9--CREATION, MAINTENANCE, AND USE OF RECORDS
31. The authority citation for part 201-9 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
Sec. 201-9.202-1 [Amended]
32. Section 201-9.202-1 is amended by removing the words
``Inventory and Requisition Management Division (FCNI)'' in paragraph
(b)(9) and add in their place ``Supply Management Division (3FNI-CO)''.
PART 201-17--PREDOMINANT CONSIDERATIONS
33. The authority citation for part 201-17 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
34. Section 201-17.001 is amended by revising paragraph (j) to read
as follows:
Sec. 201-17.001 Predominant consideration.
* * * * *
(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, and access, respectively, of
other individuals.
* * * * *
PART 201-18--PLANNING AND BUDGETING
35. The authority citation for part 201-18 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
36. Section 201-18.001 is amended by revising paragraph (e) to read
as follows:
Sec. 201-18.001 General.
* * * * *
(e) Section 508 of the Rehabilitation Act Amendment of 1992 (Pub L.
102-569) 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.
* * * * *
37. Section 201-18.002 is amended by revising paragraph (c) to read
as follows:
Sec. 201-18.002 Policies.
* * * * *
(c) Agencies shall adopt information and data accessibility
guidelines similar to those described in FIRMR Bulletin C-8 in their
planning process.
PART 201-20--ACQUISITION
38. The authority citation for part 201-20 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
Sec. 201-20.001 [Amended]
39. Section 201-20.001 is amended by removing paragraph (d).
40. Section 201-20.102 is revised to read as follows:
Sec. 201-20.102 Policy.
Agencies shall establish and document requirements for FIP
resources by conducting a requirements analysis, or similar study,
commensurate with the size and complexity of the need except for those
acquisitions whose total dollar value, including all optional
quantities and periods over the life of the contract does not exceed
$100,000. Requirements analyses shall not be performed when the value
of acquisitions are less than the $100,000 threshold. Agencies shall
follow local practice for documenting such small dollar acquisitions.
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.
41. Section 201-20.103 is revised to read as follows:
Sec. 201-20.103 Procedures.
Agencies shall consider the following factors in establishing
requirements, as applicable:
42. Section 201-20.103-7 is amended by revising paragraph (a) to
read as follows:
Sec. 201-20.103-7 Accessibility requirements for individuals with
disabilities.
(a) Agencies shall acquire FIP resources that allow individuals
with disabilities to produce information and data, and have access to
information and data, comparable to the information and data, and
access, respectively, of other individuals. Agency plans shall address
both present and future needs.
* * * * *
43. Section 201-20.202 is revised to read as follows:
Sec. 201-20-202 Policy.
Using the results of the requirements analysis as the basis,
agencies shall conduct an analysis of alternatives commensurate with
the size and complexity of the requirement to identify the most
advantageous alternative to the Government. The number of alternatives
analyzed should be limited to those considered the most feasible to be
implemented. Agencies shall not conduct analyses of alternatives for
those acquisitions whose total dollar value, including all optional
quantities and periods over the life of the contract, does not exceed
$100,000. Agencies shall instead follow local practice to identify the
most advantageous alternative.
44. Section 201-20.203-2 is revised to read as follows:
Sec. 201-20.203-2 Cost for each alternative.
(a) In the analysis of alternatives, agencies shall calculate the
total estimated cost, using the present value of money, for each
feasible alternative 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 total estimated cost may be limited to an analysis
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.
45. Section 201-20.303 is amended by revising paragraph (d)(2) to
read as follows:
Sec. 201-20.303 Standards.
* * * * *
(d) * * *
(1) * * *
(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 FIMR is not required. However, GSA must be
notified at least 30 days prior to any use of the excepted FED-STD at
the following address: General Services Administration, Regulation
Analysis Division (KMR), 18th & F Streets, NW., Washington, DC 20405.
46. Section 201-20.34 is amended by removing paragraph (b)(1),
redesignating paragraph (b)(2) as paragraph (b)(1) and revising
paragraphs (a) and (b)(2) to read as follows:
Sec. 201-20.304 Capability and performance validation.
(a) Policy. When acquiring FIP resources, an agency shall use the
most economical technique available to provide reasonable assurance
that capability and performance requirements are met.
(b) Procedures. (1) * * *
(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.
47. Section 201-20.305-3 is revised to read as follows:
Sec. 201-20.305-3 Specific acquisition delegations.
(a) Agencies shall submit an agency procurement request (APR) to
GSA and receive a specific acquisition DPA if the acquisition is not
covered by a regulatory or specific agency DPA. Procedures for
requesting a DPA for a specific acquisition are provided in FIRMR
Bulletin C-5.
(b) A description of the Trail Boss program and procedures for
requesting a specific acquisition DPA under the Trail Boss Program are
provided in FIRMR Bulletin C-7. Participation in the Trail Boss Program
is optional. However, a Trail Boss request shall be submitted in
accordance with FIRMR Bulletin C-7.
(c) GSA may require agencies to submit post delegation information
such as contract award, milestone schedules, contract costs, program
performance measures, and technology costs.
PART 201-21--OPERATIONS
48. The authority citation for part 201-21 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
Sec. 201-21.201 [Amended]
49. Section 201-21.201 is amended by removing the words ``Federal
Equipment Data Center (WKHE)'' in paragraph (b) and add in their place
``Federal Data Systems Division (WKH)''.
Sec. 201-21.301 [Amended]
50. Section 201-21.301 is amended by removing the words ``Appendix
III to'' in paragraph (a).
Sec. 201-21.303 [Amended]
51. Section 201-21.303 is amended by removing the words ``Appendix
III'' in paragraph (d).
52. Section 201-21.401 is amended by revising paragraph (c) to read
as follows:
Sec. 201-21.401 General.
* * * * *
(c) OMB Circular No. A-130, establishes Governmentwide procedures
for cost accounting and recovery for shared resources.
Sec. 201-21.403 [Amended]
53. Section 201-21.403 is amended by removing the date ``November
30'' in paragraph (a)(2)(ii) and adding in its place ``October 20''.
Sec. 201-21.603 [Amended]
54. Section 201-21.603 is amended by revising paragraphs (d)(1) and
(d)(2), removing paragraphs (d)(3) and (d)(6), redesignating paragraphs
(d)(4) and (d)(5) as paragraphs (d)(3) and (d)(4), and revising the new
paragraph (d)(3)(ii) to read as follows:
(a) * * *
(d) Procedures. (1) Agencies that plan to listen-in to or record
telephone conversations under Sec. 201-21.603(c) (2), (3), or (4) shall
prepare a determination of need. A determination as used in this
section means a written justification signed by the agency head or the
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) * * *
(ii) An announcement or beep tone at the beginning of a call to
inform the public of monitoring;
* * * * *
Sec. 201-21.604 [Removed]
55. Section 201-21.604 is removed.
PART 201-22--FEDERAL INFORMATION RESOURCES MANAGEMENT (IRM) REVIEW
PROGRAM
56. The authority citation for part 201-22 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
57. The heading of Part 201-22 is revised as set forth above and
Section 201-22.303 is revised to read as follows:
Sec. 201-22.303 Procedures.
(a) Agencies shall evaluate their existing outdated and/or
obsolescent FIP resources to determine whether the cost of operating
them is greater than the cost of acquiring and operating
technologically newer resources. FIRMR Bulletin C-27 provides guidance
that can be used for identifying obsolescent equipment.
(b) When the cost of operating existing outdated and/or obsolescent
FIP resources is greater than the cost of acquiring and operating
technologically newer resources, agencies shall replace the existing
less cost effective resources.
PART 201-24--GSA SERVICES AND ASSISTANCE
58. The authority citation for part 201-24 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
Sec. 201-24.001 [Amended]
59. Section 201-24.001 is amended by removing paragraph (g).
PART 201-39--ACQUISITION OF FEDERAL INFORMATION PROCESSING (FIP)
RESOURCES BY CONTRACTING
60. The authority citation for part 201-39 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
61. Section 201-39.001 is revised to read as follows:
Sec. 201-39.001 General.
(a) In addition to this part 201-39, contracting officers should
review and be familiar with the policies and procedures contained in
the complete FIRMR, for example, parts 201-20 and 201-24 of this
chapter.
(b) To assist Federal agencies in preparing solicitations for FIP
resources, the General Services Administration (GSA) makes available
standard solicitations and other guidance. Federal agencies can obtain
copies of the standard solicitations by contacting: General Services
Administration, Regulations Analysis Division (KMR), 18th & F Streets,
NW., Washington, DC 20405. Acquisition guides may be obtained by
contacting: General Services Administration, Agency Liaison Division
(KML), 18th and F Streets, NW., Washington, DC 20405.
Sec. 201-39.201 [Amended]
62. Section 201-39.201 is amended by removing the word ``eight'' in
the definition Outdated FIP equipment, and adding in its place the word
``six''.
Sec. 201-39.1001-1 [Amended]
63. Section 201-39.1001-1 is amended by removing the numbers ``88-
16'' in paragraph (i), and adding in their place ``90-08''.
Sec. 201-39.1402-2 [Amended]
64. Section 201-39.1402-2 is amended by removing the number
``$300,000'' in paragraph (c) and adding in its place ``$1,000,000.''
Sec. 201-39.1501-2 [Amended]
65. Section 201-39.1501-2 is amended by removing the number
``$300,000'' in paragraph (c) and adding in its place ``$1,000,000.''
Secs. 201-39.4600 and 201-39.4601 (Subpart 201-39.46)--[Reserved]
66. Subpart 201-39.46 consisting of Secs. 201-39.4600 and 201-
39.4601 is removed and reserved.
Sec. 201-39-5202-6 [Reserved]
67. Section 201-39.5202-6 is removed and reserved.
Dated: September 9, 1994.
Francis A. McDonough,
Assistant Commissioner for Federal Information Resources Management.
[FR Doc. 94-29081 Filed 12-5-94; 8:45 am]
BILLING CODE 6820-25-M