[Federal Register Volume 61, Number 154 (Thursday, August 8, 1996)]
[Rules and Regulations]
[Pages 41352-41355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20292]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 101-43 and 101-46
[FPMR Temp. Reg. H-28]
RIN 3090-AG01
Relocation of FIRMR Provisions Relating To GSA's Role in the
Disposal of Excess and Exchange/Sale Information Technology (IT)
Equipment
AGENCY: Office of Policy Planning and Evaluation, GSA.
ACTION: Temporary regulation.
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SUMMARY: This regulation redesignates certain provisions of the Federal
Information Resources Management Regulation (FIRMR) to the Federal
Property Management Regulation
[[Page 41353]]
(FPMR). The regulation also makes a few changes to existing parts of
the FPMR to update old references to the FIRMR. This change is
necessary because the Information Technology Management Reform Act of
1996, effectively disestablishes the FIRMR. The referenced FIRMR
provisions that apply to the transfer and disposal of excess IT
equipment, will be maintained in the FPMR after August 7, 1996.
DATES: This rule is effective August 8, 1996. Comments are solicited
and are due: October 7, 1996.
Expiration Date: December 31, 1997.
ADDRESSES: Comments may be mailed to General Services Administration,
Office of Policy, Planning and Evaluation, Strategic IT Analysis
Division (MKS), 18th and F Streets, NW., Room 3224, Washington, DC
20405.
FOR FURTHER INFORMATION CONTACT: R. Stewart Randall, GSA, Office of
Policy, Planning and Evaluation, Strategic IT Analysis Division (MKS),
18th and F Streets, NW., Room 3224, Washington, DC 20405, telephone
FTS/Commercial (202) 501-3194 (v) or (202) 501-0657 (tdd), or Internet
(stewart.randall@gsa.gov).
SUPPLEMENTARY INFORMATION: (1) The President signed the National
Defense Authorization Act (NDAA) For Fiscal Year 1996, Pub. L. 104-106,
on February 10, 1996. Included in the NDAA was Division E, the
Information Technology Management Reform Act of 1996. Section 5101 of
the Act repeals section 111 of the Federal Property and Administrative
Services Act of 1949, as amended (the Brooks Act) (40 U.S.C. 759). The
Brooks Act was the authority for many of the provisions in GSA's
Federal Information Resources Management Regulation; its repeal
effectively results in the disestablishment of the FIRMR. Any FIRMR
provisions not affected by the repeal of the Brooks Act, such as Part
201-23--Disposition, concerned with the utilization of excess IT
equipment, are being removed from the FIRMR and reestablished in the
Federal Property Management Regulation or other documents, as
appropriate.
(2) Most of the provisions now contained in part 101-43 of the FPMR
were moved almost verbatim from part 201-23 of the FIRMR except for
changes in terminology, e.g., Federal information processing to
information technology. Such change was needed to make the regulation
consistent with relevant legislation. A few provisions were added to
include essential information from FIRMR Bulletin C-2, which will be
discontinued when the FIRMR is disestablished in August 1996.
Additionally, a few changes were made to existing provisions of part of
101-43 and to part 101-46 to correct or remove out of date references
to FIRMR parts.
(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 101-43 and 101-46
Archives and records, Computer technology, Information technology,
Government procurement, Property management, Records management, and
Telecommunications.
GENERAL SERVICES ADMINISTRATION
Washington, DC 20405
FEDERAL PROPERTY MANAGEMENT REGULATIONS TEMPORARY REGULATION H-28
TO: Heads of Federal agencies
SUBJECT: Relocation of FIRMR provisions relating to GSA's role in
the disposal of excess and exchange/sale information technology (IT)
equipment
1. Purpose. This regulation moves certain provisions in 41 CFR
part 201-23 of the Federal Information Resources Management
Regulation (FIRMR) to 41 CFR Part 101-43.6 of the Federal Property
Management Regulations (FPMR).
2. Effective date. This regulation is effective on August 8,
1996.
3. Expiration date. This regulation expires on December 31,
1997, unless sooner superseded or canceled.
4. Background. The President signed the National Defense
Authorization Act (NDAA) For Fiscal Year 1996, Pub. L. 104-106, on
February 10, 1996. Included in the NDAA was Division E, the
Information Technology Management Reform Act of 1996. Section 5101
of the Act repeals section 111 of the Federal Property and
Administrative Services Act of 1949, as amended (the Brooks Act) (40
U.S.C. 759). The Brooks Act was the authority for many of the
provisions in GSA's FIRMR; its repeal effectively results in the
disestablishment of the FIRMR. Any FIRMR provisions not affected by
the repeal of the Brooks Act, such as Part 201-23--Disposition,
concerned with the disposal of excess IT equipment, are being
removed from the FIRMR and reestablished in the FPMR or other
documents, as appropriate. Most of the provisions now contained in
part 101-43 of the FPMR were moved almost verbatim from part 201-23
of the FIRMR except for changes in terms, i.e., Federal information
processing to information technology. That change was needed to make
the regulation consistent with relevant legislation. A few sentences
were added to include essential information from FIRMR Bulletin C-2,
which will be discontinued when the FIRMR is disestablished in
August 1996. Additionally, changes were made to existing provisions
of part 101-43 and to part 101-46 to correct or remove out of date
FPMR references to FIRMR parts.
5. Agency Comments. Comments concerning this regulation should
be submitted to the General Services Administration, Office of
Policy, Planning and Evaluation, Strategic IT Analysis Division
(MKS), 18th and F Streets, NW., Room 3224, Washington, DC 20405, no
later than October 7, 1996.
6. Explanation of changes.
For the reasons set forth in the preamble, 41 CFR Part 101 is
amended as follows:
PART 101-43--UTILIZATION OF PERSONAL PROPERTY
1. The authority citation for part 101-43 continues to read as
follows:
Authority: 40 U.S.C. 486(c) and 1412.
2. Section 101-43.000 is revised to read as follows:
Sec. 101-43.000 Scope of part.
This part prescribes the policies and methods governing the
economic and efficient utilization of personal property located within
and outside the United States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of
the Northern Mariana Islands, the Trust Territory of the Pacific
Islands, and the Virgin Islands. Section 101-43.6 prescribes the
specific policies and procedures governing the worldwide utilization of
excess information technology resources. Additional guidelines
regarding reutilization of hazardous materials are prescribed in part
101-2.
3. Subpart 101-43.6 is added to read as follows:
Subpart 101-43.6--Diposition of IT Excess Personal Property
101-43.600 Scope of subpart.
101-43.601 General.
101-43.602 Policies.
101-43.603 Procedures.
Subpart 101-43.6--Disposition of IT Excess Personal Property
Sec. 101-43.600 Scope of subpart.
This subpart prescribes policies and procedures to be followed by
agencies for disposing of Government-owned information technology (IT)
equipment
[[Page 41354]]
and software that is no longer needed for the purpose for which it was
acquired. Information technology means any equipment or interconnected
system or subsystem of equipment, that is used in the automatic
acquisition, storage, manipulation, management, movement, control,
display, switching, interchange, transmission, or reception of data or
information by an executive agency. The term includes computers,
ancillary equipment, software, firmware and similar procedures,
services (including support services), and related resources.
Sec. 101-43.601 General.
(a) Government-owned IT 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 IT equipment; or
(4) Declared surplus and made available for donation.
(b) IT 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. 101-43.602 Policies.
Agencies shall--
(a) Use IT equipment or IT 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 IT 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 IT equipment that is not outdated and has an
original acquisition cost (OAC) per component of $1 million or more.
Outdated IT equipment means any IT equipment over six years old, based
on the initial commercial installation date of that model of equipment,
and that is no longer in current production. Interagency transfer of IT
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 IT equipment without GSA approval.
(d) Make available for surplus donation or subsequent sale, excess
IT equipment not exchanged, sold, reassigned or transferred.
(e) Consistent with the limitations of any applicable license--
(1) Make available for reassignment within the agency IT software
that is no longer needed for the purpose for which it was acquired;
(2) Make available for interagency transfer, excess IT 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 IT software);
(3) For excess IT 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. 101-43.603 Procedures.
(a) Each agency head shall designate an agency point of contact for
managing the disposition of IT equipment and software. Each agency
shall submit the name, address, and phone number of this individual to
the General Services Administration/MKS, 18th & F Streets, NW.,
Washington, DC 20405. GSA will maintain a list of these coordinators on
the IT Policy Home Page. The URL is http: //www.itpolicy.gsa.gov.
(b) GSA will convene meetings with agency points of contacts
periodically to discuss emerging issues relating to the disposition of
excess IT resources.
(c) Agencies shall--
(1) Establish procedures for the reassignment of IT equipment and
software within the agency; and
(2) Obtain approval from the agency Chief Information Officer
before reassigning outdated IT equipment.
(d) Agencies shall offer excess IT equipment that is not outdated
and has an OAC per component of $1 million or more to other Federal
agencies by:
(1) Notifying other excess IT coordinators of the availability of
the IT equipment;
(2) Fully and accurately describing the IT excess equipment by
providing the following information:
(i) Condition code as defined in 41 CFR 101-43.4801;
(ii) Manufacturer's name;
(iii) Equipment type and model;
(iv) Description, including the supplier's nomenclature for the
component;
(v) List of elements removed from each component, if applicable;
(vi) Description of available software, engineering drawings,
manuals, etc; and
(vii) Contractor-held equipment, if applicable.
(3) Allowing agencies 15 days to assess their need for the excess
IT equipment.
(e) Agencies may conduct exchange/sale transactions of IT equipment
and software not transferred to another agency without GSA approval.
(Exchange/sale transactions for IT equipment may be initiated in
parallel 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 IT equipment will be replaced by exchanging or
selling it, the agency shall follow the contracting policies and
procedures in the Federal Acquisition Regulation (FAR) and the policies
and procedures on exchange/sale contained in 41 CFR part 101-46. IT
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 IT equipment not exchanged, sold, reassigned, or transferred.
(g) Agencies shall apply the policies and procedures of this
subpart 101-43.6 to IT equipment used by grantees and contractors when
IT 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 IT 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 IT equipment. Requests shall be sent to the General
Services Administration/MKS, 18th & F Streets, NW., Washington, DC
20405.
Sec. 101-43.4801 [Amended]
4. Section 101-43.4801 is amended by removing paragraph (c) and
redesignating existing paragraphs (d), (e) and (f) as paragraphs (c),
(d) and (e), respectively.
[[Page 41355]]
PART 101-46--UTILIZATION AND DISPOSAL OF PERSONAL PROPERTY PURSUANT
TO EXCHANGE/SALE AUTHORITY
5. The authority citation for part 101-46 continues to read as
follows:
Authority: 40 U.S.C. 1412; Sec. 205(c), 63 Stat. 390; (40 U.S.C.
486(c)).
Sec. 101-46.201-2 [Amended]
6. Section 101-46.201-2 is amended in paragraph (a) by removing the
last sentence.
Dated: July 31, 1996.
David J. Barram,
Acting Administator of General Services.
[FR Doc. 96-20292 Filed 8-7-96; 8:45 am]
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