[Federal Register Volume 61, Number 145 (Friday, July 26, 1996)]
[Rules and Regulations]
[Pages 39081-39083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18887]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 201-23 and 201-24
[FIRMR Amendment 8]
RIN 3090-AF32
Amendment of FIRMR Provisions Relating to GSA's Role in Screening
Excess and Exchange/Sale Federal Information Processing (FIP) Equipment
AGENCY: Information Technology Service, GSA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the Federal Information Resources
Management Regulation (FIRMR) to allow Federal agencies to screen and
transfer all excess and exchange/sale FIP equipment.
Currently, the FIRMR requires Federal agencies to request GSA to
interagency screen and transfer excess equipment that is not outdated
and has an original acquisition cost (OAC) per component of $1 million
or more.
EFFECTIVE DATE: August 26, 1996.
FOR FURTHER INFORMATION CONTACT:
R. Stewart Randall, GSA, Office of Policy, Planning and Evaluation,
Policy and Regulations Division (MKR), 18th and F Streets, NW., Room
3224, Washington, DC 20405, telephone FTS/Commercial (202) 501-4469 (v)
or (202) 501-4469 (tdd), or Internet (stewart.randall@gsa.gov).
SUPPLEMENTARY INFORMATION: (1) All comments received in response to the
proposed rule were reviewed and, where appropriate, incorporated in
this rule.
(2) Explanation of the changes being made in this issuance are
shown below:
(a) Section 201-23.000 ``Scope of part'' is revised by removing
paragraphs (b), (c), and (d) to more succinctly describe the entire
contents of this revised part.
(b) Section 201-23.001 paragraph (a)(2) is revised and paragraph
(a)(4) is deleted to remove the reference to the GSA Excess FIP
Equipment Program. Agencies will no longer be required to submit to GSA
information about their excess FIP equipment with an OAC above $1
million for GSA to do interagency screening. It is not necessary for
GSA to continue to operate this program on a centralized basis.
Accordingly, the requirement for GSA to be directly involved in
interagency screening and transfer of excess FIP equipment is removed
from the FIRMR.
[[Page 39082]]
(c) Section 201-23.001 paragraph (b) is deleted to remove the
reference to FIRMR Bulletin C-2, which is referenced elsewhere in this
rule. Section 201-23.001 paragraph (c) is redesignated as paragraph
(b).
(d) In Section 201-23.002, the sentence ``Agencies may interagency
screen and transfer excess FIP equipment without GSA approval'' is
added at the end of paragraph c.
(e) Paragraph (b) of section 201-23.003 is redesignated as (c) and
a new paragraph (b) is added. In the newly designated section 201-
23.003 paragraph (c)(1), the word ``internal'' is removed because it is
redundant in this context. The words ``within the agency'' are added at
the end of the paragraph to distinguish these procedures for
interagency screening from those GSA will require.
(f) Section 201-23.003(c) is redesignated as paragraph (d) and is
completely revised to remove the mandatory reporting requirement for
agencies to submit equipment with an OAC of $1 million or more to GSA
or interagency screening purposes. The section now shows that agencies
must offer to other Federal agencies excess FIP equipment with an OAC
of $1 million or more in accordance with guidelines that will be
published in FIRMR Bulletin C-2.
(g) Section 201-23.003(d) is redesignated as paragraph (e) and is
revised to remove words indicating GSA's former role in interagency
screening of agencies' excess FIP equipment.
(h) Paragraph (h) is added to section 201-23.003 to show that an
agency may request GSA to review another agency's decision to transfer
excess FIP equipment.
(i) Section 201-24.202 referencing the GSA Excess FIP Program as a
mandatory for consideration program will be removed because changes to
part 201-23 and FIRMR Bulletin C-2 will make the references no longer
valid.
(3) GSA has determined that this rule is not a significant rule for
the purposes of Executive Order 12866 of September 30, 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 201-23 and 201-24
Archives and records, Computer technology, Federal information
processing resources activities, Government procurement, Property
management, Records management, and Telecommunications.
Accordingly 41 CFR chapter 201 is amended as follows:
1. Part 201-23 is revised to read as follows:
PART 201-23--DISPOSITION
Sec.
201-23.000 Scope of part.
201-23.001 General.
201-23.002 Policies.
201-23.003 Procedures.
Authority: 40 U.S.C. 486(c) and 751(f).
Sec. 201-23.000 Scope of part.
This part prescribes policies and procedures to be followed by
agencies for disposing of Government-owned Federal information
processing (FIP) equipment and software that is no longer needed for
the purpose for which it was acquired.
Sec. 201-23.001 General.
(a) Government-owned FIP equipment that is no longer needed for the
purpose for which it was acquired is either--
(1) Reassigned within the agency;
(2) Declared excess to the agency's needs and made available for
transfer to another agency;
(3) Exchanged or sold as part of a transaction to acquire
replacement FIP equipment; or
(4) Declared surplus and made available for donation.
(b) FIP software that is no longer needed for the purpose for which
it was acquired is either--
(1) Reassigned within the agency consistent with the limitations of
any applicable license; or
(2) Otherwise disposed of consistent with the limitations of any
applicable license.
Sec. 201-23.002 Policies.
Agencies shall--
(a) Use FIP equipment or FIP software that is available for
reassignment within the agency or by transfer from another agency when
such use is the most advantageous alternative to satisfy the agency's
requirements.
(b) Make available for reassignment within the agency FIP equipment
that is not outdated and that is no longer needed for the purpose for
which it was acquired.
(c) Make available for interagency screening and transfer to
another agency, excess FIP equipment that is not outdated and has an
original acquisition cost (OAC) per component of $1 million or more.
Interagency transfer of FIP equipment that is not outdated with an OAC
per component of less than $1 million, is permitted if the holding
agency learns of a potential user outside of the screening process.
Agencies may interagency screen and transfer excess FIP equipment
without GSA approval.
(d) Make available for surplus donation or subsequent sale, excess
FIP equipment not exchanged, sold, reassigned or transferred.
(e) Consistent with the limitations of any applicable license--
(1) Make available for reassignment within the agency FIP software
that is no longer needed for the purpose for which it was acquired;
(2) Make available for interagency transfer, excess FIP software
not exchanged or sold, if the holding agency learns of a potential user
outside of the screening process (GSA does not require interagency
screening of FIP software);
(3) For excess FIP software not reassigned, transferred, exchanged,
or sold, either:
(i) Return it to the licensor; or
(ii) Destroy it after a duly authorized agency official determines
in writing that destruction is the most cost-effective disposal
approach.
Sec. 201-23.003 Procedures.
(a) Each agency head shall designate an agency point of contact for
managing the disposition of FIP equipment and software. Each agency
shall submit the name, address, and phone number of this individual to
the General Services Administration/MKA, 18th and F Streets NW.,
Washington, DC 20405.
(b) GSA will convene meetings with agency points of contacts
periodically to discuss emerging issues relating to the disposition of
excess FIP resources.
(c) Agencies shall--
(1) Establish procedures for the reassignment of FIP equipment and
software within the agency; and
(2) Obtain approval from the agency DSO before reassigning outdated
FIP equipment.
(d) Agencies shall offer excess FIP equipment that is not outdated
and has an OAC per component of $1 million or more to other Federal
agencies in accordance with FIRMR Bulletin C-2.
(e) Agencies may conduct exchange/sale transactions of FIP
equipment and software not transferred to another agency without GSA
approval. (Exchange/sale transactions for FIP equipment may be
initiated in parallel
[[Page 39083]]
with interagency screening, but screening of exchange/sale transactions
with an OAC per component of $1 million or more shall be completed
prior to concluding an exchange/sale transaction.) When an agency
determines that FIP equipment will be replaced by exchanging or selling
it, the agency shall follow the contracting policies and procedures in
part 201-39 and the Federal Acquisition Regulation (FAR) (48 CFR
chapter 1) and the policies and procedures on exchange/sale contained
in 41 CFR part 101-46. FIP software transactions must be consistent
with the limitations of any applicable license.
(f) Agencies shall make available for surplus donation or
subsequent sale, in accordance with 41 CFR parts 101-44 and 101-45,
excess FIP equipment not exchanged, sold, reassigned, or transferred.
(g) Agencies shall apply the policies and procedures of this part
201-23 to FIP equipment used by grantees and contractors when FIP
equipment is--
(1) Acquired by the contractor or grantee under a contract or grant
and the terms vest title in the Government or the Government is
obligated or has the option to take over title;
(2) Furnished to the grantee or contractor by the Government
(Transfer of excess FIP equipment to agency project grantees shall be
conducted in accordance with 41 CFR 101-43.314.); or
(3) Operated by the grantee or contractor as part of a Government-
owned or Government-controlled facility.
(h) Agencies may request GSA to review another agency's decision to
transfer excess FIP equipment. Requests shall be sent to the General
Services Administration/MKA, 18th and F Streets NW., Washington, DC
20405.
PART 201-24--GSA SERVICES AND ASSISTANCE
2. The authority citation for part 201-24 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 751(f).
Sec. 201-24.202 [Removed and reserved]
3. Section 201-24.202 is removed and reserved.
Dated: July 10, 1996.
William R. Ratchford,
Acting Administrator of General Services.
[FR Doc. 96-18887 Filed 7-25-96; 8:45 am]
BILLING CODE 6820-25-M
