[Federal Register Volume 60, Number 216 (Wednesday, November 8, 1995)]
[Rules and Regulations]
[Pages 56248-56249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27582]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 201-39
RIN 3090-AF57
Amendment of FIRMR Provisions to Provide For Multi-Agency Use of
Contracts For Federal Information Processing (FIP) Resources
AGENCY: Information Technology Service, GSA.
ACTION: Final rule.
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SUMMARY: This document amends Federal Information Resources Management
Regulation (FIRMR) provisions to provide for multi-agency use of
contracts for FIP resources, and address the applicability of Federal
Acquisition Regulation (FAR) subpart 17.5 when one agency acquires FIP
resources through another agency's contract which has been awarded
pursuant to a delegation of procurement authority from GSA under the
Brooks Act.
DATES: This rule is effective December 8, 1995.
FOR FURTHER INFORMATION CONTACT:
Judy Steele, GSA/KAR at (202) 501-3194 (v) or (202) 501-0657 (tdd).
SUPPLEMENTARY INFORMATION: (1) A notice of proposed rulemaking (NPR)
was published in the Federal Register on December 7, 1993, clarifying
requirements when one agency acquires FIP resources through another
agency's contract. All comments were considered, and, where possible,
incorporated into the final rule.
(2) A significant concern of some commenters was that the proposed
rule did not sufficiently address the relationship of the Economy Act
to the Brooks Act when an agency acquires FIP resources through another
agency's contract and transfers associated funds. When one agency uses
another agency's contract, statutory authority must exist for use of
the contract and for a related transfer of funds. One authority is the
Economy Act (31 U.S.C. 1535). If the Economy Act is used, agencies must
comply with implementing provisions in FAR subpart 17.5. Agencies may
use the Brooks Act (40 U.S.C. 759) as the statutory authority for
Federal interagency agreements for goods and services within the scope
of the Brooks Act. The Brooks Act provides GSA authority independent of
the Economy Act to procure, lease or transfer FIP resources for Federal
agencies. By its terms, GSA's procurement authority under the Brooks
Act can be delegated to other agencies. If the Brooks Act applies, the
Economy Act provisions under 31 U.S.C. 1535 do not apply. When agencies
comply with the policies and procedures established in this amendment
in acquiring FIP resources, they are acting under GSA's delegated
Brooks Act authority. Therefore, a related transfer of funds when using
contracts that are made available by GSA for use on a Governmentwide
basis may be made without regard to the Economy Act. However, the
timing of obligations is governed by various authorities, the terms of
the appropriating act itself, legislation authorizing the
appropriation, the organic or enabling legislation which prescribes a
function or creates a program with the appropriated funds, statutory
provisions that allow or prohibit use of appropriated funds, and
general rules that have been developed through the Comptroller General
and the courts. If an agency uses the Brooks Act as authority for a
transfer of funds for FIP resources, a binding agreement between the
agency providing the funds and the agency that will issue an order
[[Page 56249]]
against a contract would normally constitute an obligation of funds by
the agency providing the funds, absent any prohibition or condition on
an agency's expenditure of the funds involved. The revised amendment
clarifies that the Brooks Act is the appropriate authority when
agencies use contracts that have been awarded pursuant to a delegation
of procurement authority from GSA under 40 U.S.C. 759. The revised
amendment also consolidates the procedures presented in the NPR for the
use of such contracts.
(3) Section 201-39.1702 is added to permit agencies to make new
indefinite-delivery/indefinite-quantity type contracts for commercial
FIP products and services available for use by all agencies, and to
clarify that FAR subpart 17.5 does not apply when agencies use another
agency's contract that has been awarded pursuant to a delegation of
authority from GSA under 40 U.S.C. 759.
(4) GSA has determined that this rule is not a significant
regulatory action for the purposes of Executive Order 12866. It is
certified that this rule will not have a significant economic impact
upon a substantial number of small entities under the Regulatory
Flexibility Act of 1980 (5 U.S.C. 601, et seq.).
List of Subjects in 41 CFR Part 201-39
Archives and records, Computer technology, Telecommunications,
Government procurement, Property management, Records management, and
Federal information processing resources activities.
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).
2. Section 201-39.1700 is revised to read as follows:
Sec. 201-39.1700 Scope of subpart.
This subpart prescribes policies and procedures for using options
and contracts available to Federal agencies for FIP resources.
3. Sections 201-39.1702, 201-39.1702-1 and 201-39.1702-2 are added
to read as follows:
Sec. 201-39.1702 Interagency Acquisitions.
Sec. 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.
Sec. 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.
Dated: October 27, 1995.
Roger W. Johnson,
Administrator of General Services.
[FR Doc. 95-27582 Filed 11-7-95; 8:45 am]
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