[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26121]
[[Page Unknown]]
[Federal Register: October 24, 1994]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 201-20
[FIRMR Interim Rule 2]
RIN 3090--AE71
Amendment of FIRMR Provisions To Modify Requirements for
Obtaining Delegations of Procurement Authority
AGENCY: Information Resources Management Service, GSA.
ACTION: Interim rule with request for comments.
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SUMMARY: This amendment to the Federal Information Resources Management
Regulation (FIRMR) revises policies regarding delegations of
procurement authority from GSA for the acquisition of Federal
information processing (FIP) resources. Currently, GSA authorizes
agencies to make individual purchases of up to $2.5 million in
information technology equipment and services. This rule raises the
authorization levels to $20 million, $10 million and $5 million based
on the size of an agency's information technology budget and its
management record. In return for the higher thresholds, agencies will
be required to identify and justify their information technology
acquisition requirements in terms of functional and measurable
outcomes. These outcomes will be related to business objectives.
Examples of outcomes may include faster delivery of service to the
client, reduction of billing time, or reduction of agency expenditures.
GSA will continually review acquisitions performed under its
authorities to assist agencies to meet the needs of the end user,
achieve acquisition requirements, and obtain favorable prices compared
to market trends. Programs not proceeding as planned are subject to
withdrawal of delegated authorities.
In addition to increasing the dollar amounts of regulatory
delegations thresholds, this interim rule changes the basis upon which
specific acquisition delegations are required from the dollar value of
each type of resource to the combined dollar value of FIP resources;
clarifies that delegations are not required when using GSA
Governmentwide programs; and strongly encourages agency Designated
Senior Officials to redelegate 50 percent of GSA's exclusive
procurement authority for FIP resources to qualified officials at other
levels.
DATES: This amendment is effective immediately upon publication.
Comments will be considered in the final rule, but must be received on
or before November 23, 1994.
ADDRESSES: Comments may be mailed to GSA, Regulations Analysis Division
(KMR), 18th and F Streets, NW., Room 3224, Washington, DC 20405, Attn:
Anne Horth, or delivered to that address between 8:00 a.m. and 4:30
p.m.
FOR FURTHER INFORMATION CONTACT:
Anne Horth, FTS/Commercial (202) 501-0960 (v) or FTS/Commercial (202)
501-0657 (tdd).
SUPPLEMENTARY INFORMATION: (1) This interim rule will enable GSA to
focus on high dollar, high risk, more complex systems. It will also
provide more authority to agencies, while, at the same time, increased
measures of accountability and outcomes. The increased authority allows
agencies to streamline their internal acquisition management and review
functions. It also provides an opportunity for more expeditious and
efficient acquisitions, especially with regard to the lower dollar,
less complex requirements.
(2) This amendment clarifies that a delegation is not required for
multiagency contracts awarded by GSA that are approved for
Governmentwide use. This includes FTS2000, local telecommunications
services contracts, the Financial Management Systems Software schedule,
or other services provided, or contracts established, by GSA.
(3) An explanation of the changes being made follows:
(a) Subsection 201-20.305(a) is amended to encourage Designated
Senior Officials (DSOs) to redelegate 50 percent of the monetary value
of GSA's delegated procurement authority to other qualified agency
officials at lower organizational levels where sufficient expertise
exists. Such redelegations will expedite FIP acquisitions and provide
for a more efficient process. DSOs who elect not to redelegate at the
50 percent level, or who withdraw earlier delegations, must advise GSA
in writing of the circumstances that will not allow redelegation and
the management action being taken to allow such redelegation in the
future.
Subsection 201-20.305-1 is amended to grant delegations on the
basis of the total estimated costs of all FIP requirements (equipment,
software, services, support services, and FIP-related supplies when the
resources are procured as an integral part of an acquisition),
including all option items and option periods, over the life of the
contract. The current regulatory delegation thresholds apply to each
type of resource (i.e., equipment, software, or services), but include
all optional items and option periods. To simplify determining when a
delegation is needed, the application of delegations thresholds is
being changed from individual resources to the combined requirements
for all resources over the life of the contract. Subsection 201-20.305-
1 is also amended to change the manner in which regulatory delegations
are established. Instead of the same delegation threshold applying to
all agencies, regulatory thresholds will be based on the size of an
agency's information technology (IT) budget. Agencies are placed in one
of three groups depending on the size of their IT budget. The
categories and amounts being established by this amendment are:
--$20,000,000 ($2,000,000 for a specific make and model specification
or for a requirement available from only one responsible source). This
threshold applies to the group of agencies having the largest IT
budgets.
--$10,000,000 ($1,000,000 for a specific make and model specification
or for a requirement available from only one responsible source). This
threshold applies to a group of agencies having the next largest IT
budgets.
--$5,000,000 ($500,000 for a specific make and model specification or
for a requirement available from only one responsible source). This
threshold applies to all other agencies.
Agencies will be required to submit performance measurement data in
accordance with procedures in FIRMR Bulletin C-5, ``Delegation of
procurement authority for a specific acquisition''.
GSA has the authority to increase or decrease regulatory delegation
thresholds through the use of specific agency thresholds. The latter
are based on how effectively and efficiently an agency acquires FIP
resources and manages its IRM program. Performance measurement data
that agencies submit will be a significant factor in determining agency
delegations thresholds.
(c) Subsection 201-20.305-1 is amended to list the GSA programs
that do not require a delegation of procurement authority prior to use
by agencies.
(3) This rule was submitted to, and approved by, the Office of
Management and Budget in accordance with Executive Order 12866,
Regulatory Planning and Review.
(4) The recordkeeping provisions of the Paperwork Reduction Act do
not apply because the FIRMR changes do not impose information
collection requirements or collection of information from offerors,
contractors, or members of the public which require the approval of OMB
under 44 U.S.C. 3501 et seq.
List of Subjects in 41 CFR Part 201-20
Archives and records, Computer technology, Federal information
processing resources activities, Government procurement, Property
management, Records management, and Telecommunications.
For the reasons set forth in the preamble, GSA is amending 41 CFR
Part 201-20 as follows:
PART 201-20--ACQUISITION
1. The authority citation for Part 201-20 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
2. Section 201-20.305 is amended by revising paragraph (a)(3) and
adding new paragraphs (a) (5) and (6) as follows:
Sec. 201-20.305 Delegation of GSA's exclusive procurement authority.
(a) * * *
(3) The agency's DSO should redelegate, at a maximum, 50 percent of
the monetary value of GSA's delegated exclusive authorities for FIP
resources to qualified officials possessing the expertise to conduct
and manage FIP acquisitions.
* * * * *
(5) DSO's who elect not to redelegate 50 percent of the monetary
value of the delegated authority, or who withdraw a delegation, shall
advise GSA/KMA, 18th and F Streets, NW, Washington, DC 20405, in
writing, of the circumstances involving such redelegations and their
new 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.
* * * * *
3. Section 201-20.305-1 is amended by removing the introductory
text to the section; revising paragraphs (a)(1) introductory text,
(a)(3) and (b); and removing paragraph (c) as follows:
Sec. 201-20.305-1 Regulatory delegations.
(a) * * *
(1) FIP equipment, software, services, support services, and
related supplies (if the acquisition is not solely for related
supplies) when the total estimated dollar value of all of the FIP
resources to be acquired under the contract, including all optional
items and all option periods, does not exceed $20,000,000 ($2,000,000
for a specific make and model or a requirement available from only one
responsible source) for Department of the Air Force, Department of the
Army, Department of Defense/Office of the Secretary of Defense,
Department of Energy, Department of Health and Human Services,
Department of the Navy, Department of Transportation, Department of the
Treasury, and National Aeronautics and Space Administration;
$10,000,000 ($1,000,000 for a specific make and model or a requirement
available from only one responsible source) for Department of
Agriculture, Department of Commerce, Environmental Protection Agency,
General Services Administration, Department of the Interior, Department
of Justice, Department of State, and Department of Veterans Affairs;
$5,000,000 ($500,000 for a specific make or model or a requirement
available from only one responsible source) for all other agencies; and
if either paragraph (a)(1) (i), (ii), or (iii) of this section applies:
* * * * *
(3) FIP resources from the following GSA contracting programs do
not require delegations of procurement authority:
(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.
Dated: October 11, 1994.
Roger W. Johnson,
Administrator of General Services.
[FR Doc. 94-26121 Filed 10-21-94; 8:45 am]
BILLING CODE 6820-25-M
