[Federal Register Volume 59, Number 36 (Wednesday, February 23, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-3708] [[Page Unknown]] [Federal Register: February 23, 1994] ----------------------------------------------------------------------- GENERAL SERVICES ADMINISTRATION 41 CFR Part 201-39 RIN 3090-AF17 Amendment of FIRMR To Remove Provisions for Using GSA Nonmandatory Schedule Contracts for FIP Resources AGENCY: Information Resources Management Service, GSA. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: This notice invites written comments on a proposed rule to remove provisions for using GSA nonmandatory multiple award schedule (MAS) contracts from the Federal Information Resources Management Regulation (FIRMR). These instructions will be issued in the form of non-regulatory principles. Other notices will similarly affect MAS ordering instructions contained in the Federal Acquisition Regulation (FAR) and Federal Property Management Regulations (FPMR). The non- regulatory principles will be issued and maintained by GSA's Federal Supply Service (FSS) and Information Resources Management Service (IRMS) in the Federal Supply Service Program Guide, and the FIRMR Bulletin series respectively, or by other similar Service issuance. When combined, the proposed regulatory changes will result in a uniform set of principles that empower Federal agencies to make ``best value'' buying decisions in a demonopolized environment. The regulatory changes described are consistent with the Report of the National Performance Review and are one part of GSA's larger plan to create a Government that works better and costs less. DATES: Comments will be considered in the final rule, but must be received on or before April 25, 1994. ADDRESSES: Comments may be mailed to GSA, Regulations Analysis Division (KMR), 18th & F Streets, NW., room 3224, Washington, DC 20405, Attn: Judy Steele, or delivered to that address between 8 a.m. and 4:30 p.m. FOR FURTHER INFORMATION CONTACT: Judy Steele, FTS/Commercial (202) 501-3194 (v) or (202) 501-0657 (tdd). SUPPLEMENTARY INFORMATION: (1) GSA initiated a MAS Improvement Project in October 1990. In addition to addressing recurring issues of concern to GSA customer agencies and MAS contractors, one major objective consistent with those concerns was to streamline and unify the procedures for ordering products and services provided under the MAS program. GSA's internal perspectives, the rapid emergence of electronic commerce, the recommendations of the General Accounting Office, and the recommendations of the National Performance Review were all considered. The choices for restructuring GSA procedures offer stark contrast: the imposition of a rigid, decision making regimen or the adoption of a more flexible set of principles which empower purchasing agents and line managers to make `'best value'' decision in a de-monopolized environment. GSA's own views, since the inception of the project, have been aligned with the adoption of a more customer-oriented, unregulated, less paperbound approach, that also enables ordering officials to take advantage of effective competition within the scope of the MAS contracting system as well as developing electronic ordering capabilities. Unlike open market purchases, GSA schedule prices are the product of a competitive environment where GSA negotiates or otherwise obtains prices determined to be fair and reasonable. Further, the nature of the MAS system is to recognize the variation of functions, quality, and performance inherent in a wide variety of commercial products. In recognition of the foregoing, and in an attempt to recognize the good judgment of our customers, GSA should provide its customers with flexible ordering mechanisms which emulate commercial purchasing practices. Existing ordering rules should be streamlined and stated in the form of principles. (2) Explanation of the changes being made by this issuance are shown below: (a) Subpart 201-39.5 is removed to delete the synopsizing requirements related to the FIP MAS contracts. (b) Subsection 201-39.601-2 is removed to delete the exception to justifying specific make and model specifications for FIP MAS contracts. (c) Section 201-39.801 is removed to delete procedures for ordering FIP resources from the Federal Supply Service MAS contracts. (d) Section 201-39.803 is removed to delete the procedures for use of the nonmandatory FIP MAS contracts. (3) This rule was submitted to, and approved by, the Office of Management and Budget in accordance with Executive Order 12866, Regulatory Planning and Review. (4) The Paperwork Reduction Act does not apply because the FIRMR changes do not impose recordkeeping information collection requirements or collection of information from offerors, contractors, or members of the public which require the approval of OMB under 44 U.S.C. 3501 et seq. List of Subjects in 41 CFR Part 201-39 Archives and records, Computer technology, Federal information processing resources activities, Government procurement, Property management, Records management, and Telecommunications. For the reasons set forth in the preamble, GSA is proposing to amend 41 CFR part 201 as follows: PART 201-39--ACQUISITION OF FEDERAL INFORMATION PROCESSING (FIP) RESOURCES BY CONTRACTING 1. The authority citation for part 201-39 continues to read as follows: Authority: 40 U.S.C. 486(c) and 751(f). Subpart 201-39.5--[Removed] 2. Subpart 201-39.5, consisting of sections 201-39.500 through 201- 39.501-3, is removed. Sec. 201-39.601-2 [Removed] 3. Section 201-39.601-2 is removed and reserved. Sec. 201-39.801 [Removed] 4. Section 201-39.801 is removed and reserved. Secs. 201-39.801-1 through 201-39.801-2 [Removed] 5. Sections 201-39.801-1 through 201-39.801-2 are removed. Sec. 201-39.803 [Removed] 6. Section 201-39.803 is removed and reserved. Sec. 201-39.803-1 through 201-39.803-3 [Removed] 7. Sections 201-39.803-1 through 201-803-3 are removed. 8. The following reference in the FIRMR Index is revised as follows: FIRMR Index * * * * * GSA nonmandatory Schedule contract............................... 201.24.001 201-39.802-3 * * * * * Dated: December 14, 1993. Francis A. McDonough, Assistant Commissioner for Federal Information Resources Management. [FR Doc. 94-3708 Filed 2-22-94; 8:45 am] BILLING CODE 6820-25-M