[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]
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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.
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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
