[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Rules and Regulations]
[Pages 41003-41006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19961]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 101-35
[FPMR Interim Rule F-1]
RIN 3090-AG03
Relocation of FIRMR Provisions Relating to the Use of Government
Telephone Systems and GSA Services and Assistance
AGENCY: Office of Policy, Planning and Evaluation and the Federal
Telecommunications Service, GSA.
ACTION: Interim rule with request for comments.
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SUMMARY: This regulation reestablishes the Federal Property Management
Regulations (FPMR) certain telecommunications provisions of the Federal
Information Resources Management Regulation (FIRMR). These FIRMR
provisions will be maintained in the FPMR after August 7, 1996. This
change is precipitated by the passage of the Information Technology
Management Reform Act of 1996, which effectively disestablishes the
FIRMR.
DATES: This rule is effective August 8, 1996.
Comments are solicited and are due: October 7, 1996.
Expiration Date: August 8, 1998.
ADDRESSES: Comments may be mailed to General Services Administration,
Office of Policy, Planning and Evaluation, Strategic IT Analysis
Division (MKS), 18th & F Streets, NW., Room 3224, Washington, DC 20405
(for Part 101-35.1) or General Services Administration, Federal
Telecommunications Service (TCS), 7980 Boeing Court, 4th Floor, Vienna,
VA 22182-3988 (for Secs. 101-35.2-101-35.5).
FOR FURTHER INFORMATION CONTACT: Doris Farmer (for Part 101-35.1), GSA,
Office of Policy, Planning and Evaluation, Strategic IT Analysis
Division (MKS), 18th & F Streets, NW., Room 3224, Washington, DC 20405,
telephone FTS/Commercial (202) 501-3194 (v) or (202) 501-0657 (tdd), or
Internet (doris.farmer@gsa.gov) and James Cademartori (for Parts 101-
35.2 through 101-35.5), GSA, Federal Telecommunications Service, 7980
Boeing Court, 4th Floor, Vienna VA, 22182-3988, telephone FTS/
Commercial (703) 760-7545 (v) or (703) 760-7583 (FAX), or Internet
(james.cademartori@gsa.gov)
SUPPLEMENTARY INFORMATION: (1) Section 111 of the Federal Property and
Administrative Services Act of 1949, as amended (the Brooks Act) (40
U.S.C. 759) was the authority for many of the provisions in the FIRMR.
The passage of Public Law 104-106, the Information Technology
Management Reform Act of 1996, signed February 10, 1996, repealed
Section 111 and the General Services Administration's (GSA) authority
to issue Governmentwide regulations for managing, acquiring and
disposing of information technology. As a result, the FIRMR will be
abolished as of 12:00 midnight on August 8, 1996. The referenced FIRMR
provisions that apply to government telecommunications will be
maintained in the FPMR after August 7, 1996.
(2) Most of the language now contained in sections 201-20.306, 201-
21.600, 201-21.601, 201-21.602, 201-24.101, 201-24.101-1, 201-24.101-2,
201-24.101-3, 201-24.102, 201.24.106, and 201-24.203-1 of the FIRMR is
being moved almost verbatim to the FPMR. A few changes were needed to
correct out of date references.
(3) GSA has determined that this 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 the 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 Part 101-35
Archives and records, Computer technology, Telecommunications,
Government procurement, Property management, Records management,
Information technology.
For the reasons set forth in the preamble, 41 CFR chapter 101 is
amended by adding subchapter F, consisting of part 101-35, to read as
follows:
SUBCHAPTER F--MANAGEMENT AND USE OF TELECOMMUNICATIONS RESOURCES
PART 101-35--TELECOMMUNICATIONS MANAGEMENT POLICY
Subpart 101-35.0--General Provisions
Sec.
101-35.0 Scope of part.
101-35.1-101-35.4 [Reserved]
101-35.5 Definitions.
Subpart 101-35.1--Use of Government Telephone Systems
101-35.100 Scope of subpart.
Subpart 101-35.2--Authorized Use of Long Distance Telephone Services
101-35.200 Scope of subpart.
101-35.201 Authorized use of long distance telephone services.
101-35.202 Collection for unauthorized use.
Subpart 101-35.3--The mandatory FTS Long Distance Network
101-35.300 Scope of subpart.
101-35.301 The mandatory FTS long distance network.
101-35.301-1 General.
101-35.301-2 Policies.
101-35.301-3 Procedures.
[[Page 41004]]
Subpart 101-35.4--Consolidated Local Telecommunications service
101-35.400 Scope of subpart.
101-35.401 General.
101-35.402 Policies.
Subpart 101-35.5--National Security and Emergency Preparedness (NSEP)
101-35.500 Scope of subpart.
101-35.501 General.
101-35.502 Policy.
101-35.503 Procedures.
Subpart 101-35.6--Delegation of GSA's Multiyear Contracting Authority
for Telecommunications Resources
101-35.600 Scope of subpart.
101-35.601 General.
Authority: 40 U.S.C. 486(c) and 1424(b).
Subpart 101-35.0--General Provisions
Sec. 101-35.0 Scope of part.
This part prescribes policies and procedures about
telecommunications resources.
Secs. 101-35.1-101-35.4 [Reserved]
Sec. 101-35.5 Definitions.
Consolidated local telecommunication service means local
telecommunications service to all Federal agencies located in a
building, complex, or geographical area.
Executive agency means any executive department or independent
establishment in the executive branch of the Government, including any
wholly owned Government corporation (see 40 U.S.C. 472(a)).
Federal Telecommunications System (FTS) means the umbrella of local
and long distance telecommunications services, including FTS2000 long
distance telecommunications services, provided, operated, managed, or
maintained by GSA for the common use of all Federal agencies and other
authorized users.
Interoperability means the ability of telecommunications resources
to provide services to and accept services from other
telecommunications resources and to use the services so exchanged to
enable them to operate effectively together.
Long distance telephone service means any service or facility
purchased with Government funds for completing telephone calls outside
of the local service area.
National security and emergency preparedness (NSEP) means those
physical, technical, and administrative characteristics of
telecommunications systems that will ensure a prescribed level of
survivability in times of national or other emergency mission needs of
the Government entities that use them.
Subpart 101-35.100--Use of Government Telephone Systems
Sec. 101-35.100 Scope of subpart.
This subpart discusses the policies and procedures for using long
distance telephone service.
Subpart 101-35.2--Authorized Use of Long Distance Telephone
Services
Sec. 101-35.200 Scope of subpart.
This subpart discusses authorized use of telephone systems and
facilities provided, paid for, or reimbursed by the Federal Government.
Sec. 101-35.201 Authorized use of long distance telephone services.
(a) Scope. This section describes policies and procedures for the
use of Government-provided and commercial long distance telephone
service paid for by the Government.
(b) General. Agencies should be familiar with the Office of
Management and Budget (OMB) ``Guidance on the Privacy Act Implications
of Call Detail Programs to Manage Employees' Use of the Government's
Telecommunications Systems'' (52 FR 12990, April 20, 1987).
(c) Policy. (1) Telephone calls placed over Government-provided and
commercial long distance systems that will be paid for or reimbursed by
the Government, shall be used to conduct official business only.
(2) To the maximum extent practicable, Federal employees shall
place calls on Government-provided long distance telephone systems and
services instead of using commercial toll services.
(3) In accordance with 5 CFR 2635.704, the following practices are
prohibited and a willful violation may result in criminal, civil, or
administrative action, including suspension or dismissal:
(i) Use of any Government system or service, or any other telephone
service, where the Government pays the cost of the long distance call,
for other than official business, except emergency calls and calls the
agency determines are necessary in the interest of the Government.
(ii) Making an unauthorized long distance telephone call with the
intent to later reimburse the Government.
(iii) Unauthorized use of telephone call detail data.
(d) Procedures. Official business calls may include emergency calls
and other calls the agency determines are necessary in the interest of
the Government.
(1) Telephone calls may properly be authorized when they--
(i) Do not adversely affect the performance of official duties by
the employee or the employee's organization;
(ii) Are of reasonable duration and frequency; and
(iii) Could not reasonably have been made at another time; or
(iv) Are provided for in a collective bargaining agreement that is
consistent with this part.
(2) Personal long distance calls that must be made during working
hours may be made over the commercial long distance network if
consistent with the criteria in paragraph (d)(1) of this section and
are:
(i) Charged to the employee's home phone number or other non-
Government number (third-number call);
(ii) Made to an 800 toll-free number;
(iii) Charged to the called party if a non-Government number
(collect call); or
(iv) Charged to a personal telephone credit card.
(3) Agencies shall issue directives on using telephone facilities
and services. Agencies' contractor-operated facilities shall be covered
by these directives. The directives may provide further definition of
calls necessary in the interest of the Government and shall include
procedures for collection and reimbursement for unauthorized calls.
Sec. 101-35.202 Collection for unauthorized use.
(a) Agencies shall collect for any unauthorized calls if it is
cost-effective to do so. Reimbursing the Government for unauthorized
calls does not exempt an employee from appropriate administrative,
civil, or criminal action.
(b) Agency collections shall include--
(1) The value of the call, computed on the basis of commercial long
distance rates rounded to the nearest dollar; and
(2) An additional amount rounded to the nearest dollar to cover the
administrative costs of determining that the call was unauthorized and
processing the collection.
Subpart 101-35.3--The Mandatory FTS Long Distance Network
Sec. 101-35.300 Scope of subpart.
This subpart describes the GSA FTS program and contracts that are
mandatory-for-use by agencies.
Sec. 101-35.301 The mandatory FTS long distance network.
Sec. 101-35.301-1 General.
(a) In accordance with section 629 of Public Law 104-52, (109 Stat.
468, 504, November 19, 1995), executive agencies must use the FTS long
distance network.
[[Page 41005]]
(b) GSA will grant exceptions to the use of the FTS long distance
network when:
(1) The agency's procurement requirements are unique and cannot be
satisfied by the FTS long distance network; and
(2) The agency procurement would be cost-effective and would not
adversely affect the cost-effectiveness of the FTS long distance
network.
(c) The FTS long distance network provides Federal agencies modern
up-to-date intercity telecommunications services over the life of the
program. GSA will enhance existing services and add features to the FTS
long distance network to maintain technologically current services and
to improve services to user agencies. GSA will make service
improvements in accordance with agencies' needs, contract provisions,
governing regulations and statutes.
(d) As used in this FPMR, the terms intercity and long distance
have the same meaning.
Sec. 101-35.301-2 Policies.
(a) Executive agencies shall use the FTS long distance network to
satisfy intercity telecommunications requirements within the United
States, Guam, Puerto Rico, or the Virgin Islands for requirements which
are within the scope of the FTS long distance network voice, data, and
video services as such services become available unless:
(1) The agency requests and obtains from GSA an exception to the
use of the FTS long distance network based on a GSA determination that:
(i) The agency's procurement requirements are unique and cannot be
satisfied by the FTS long distance network; and
(ii) The agency procurement would be cost-effective and would not
adversely affect the cost-effectiveness of the FTS long distance
network;
(2) The agency requests and obtains from GSA an interim exception
to the use of the FTS long distance network based on an established
date for transition to the FTS long distance network; or
(3) An exception to the use of the FTS long distance network for
the agency is otherwise provided by law.
(b) Unless any of the exceptions listed in paragraph (a) of this
section apply to the procurement, and when overall procurement
requirements include any agency long distance telecommunications
requirements which are within the scope of FTS services, executive
agencies shall require offerors in new awards to satisfy those
requirements by using the Government furnished services of the FTS long
distance network as such services become available.
(c) For ease of determining and evaluating Government costs,
executive agencies also shall require offerors to unbundle FTS long
distance services in their offers by separately describing and pricing
the FTS services that satisfy Government requirements. However, the
agency solicitation may prescribe an expected solution for the use of
the FTS long distance network. Offerors would then be required to
separately price the Government-furnished services of FTS only if their
offers show a different use of FTS than the Government's expected
solution.
(d) Notwithstanding paragraphs (a) and (b) of this section,
agencies may continue to use intercity telecommunications services and
facilities provided under contracts previously authorized and awarded
without obtaining an exception to the use of the FTS long distance
network. However, agencies shall use available FTS long distance
services that can satisfy their procurement requirements upon
expiration of such contracts. Before exercising renewal options under
existing contracts that will result in the provision of intercity
telecommunications services, agencies shall obtain an interim exception
to the use of the FTS long distance network. This interim exception
will allow GSA and the agencies to plan an orderly transition to the
FTS long distance network.
(e) In planning for transition to the FTS long distance network,
agencies shall be responsible for determining customer premises
equipment requirements to achieve efficient interfaces with the type of
FTS services needed. However, agencies shall avoid duplicating FTS
services. Agencies shall avoid incorporating inherently intercity
features (i.e., features that can be provided only as part of an
intercity network) of the FTS long distance network in agency networks.
An exception to the use of the FTS long distance network is hereby
provided to agencies with requirements for non-inherently intercity
features to satisfy such features within a local network.
Sec. 101-35.301-3 Procedures.
(a) GSA will provide assistance in understanding and pricing the
services available from the FTS long distance network and in developing
plans for transition to the FTS long distance network. For assistance
and information concerning the FTS network, agencies should contact the
General Services Administration, Federal Telecommunications Service
(T), 7980 Boeing Court, 4th Floor, Vienna VA, 22182-3988.
(b) Agencies seeking an exception to the use of the FTS long
distance network are responsible for documenting their case. A complete
agency request for an exception to the use of the FTS long distance
network shall establish to the satisfaction of GSA that:
(1) The agency's procurement requirements are unique and cannot be
satisfied by the FTS long distance network;
(2) The agency's procurement would be cost-effective; and
(3) The agency's procurement would not adversely affect the cost-
effectiveness of the FTS long distance network. (The rebuttable
presumption is that, if an agency procurement requirement is unique and
the resultant procurement would be cost-effective, the agency
procurement would not adversely affect the cost-effectiveness of the
FTS long distance network.)
(c) An agency request for an interim exception to the use of the
FTS long distance network shall be based on a GSA established date for
transition of agency requirements to the FTS long distance network.
(d) Any agency exception request shall be sent to the General
Services Administration/Federal Telecommunications Service (T).
(e) Agencies may conduct procurements for long distance
telecommunications services and facilities without prior approval of
GSA when the agency's requirements are within the scope of an exception
to the use of the FTS long distance network provided by GSA.
(f) An agency may appeal a GSA denial of a request for an exception
to the Office of Management and Budget (OMB).
(g) If an agency has a requirement for long distance
telecommunications within the United States, Guam, Puerto Rico, or the
Virgin Islands that may be outside the scope of FTS, the requirement
shall be submitted to GSA/T prior to initiating acquisition action. An
exception to the mandatory use of the FTS long distance network will be
given if GSA determines the service cannot be provided by the FTS.
Subpart 101-35.4--Consolidated Local Telecommunications Service
Sec. 101-35.400 Scope of subpart.
This subpart discusses local telecommunications facilities and
services provided to executive agencies by GSA and other agencies.
[[Page 41006]]
Sec. 101-35.401 General.
Consolidated local telecommunications service is available in most
buildings occupied by concentrations of Federal employees. Local
telecommunications includes any access services which provide, for a
monthly fee, electronic connectivity to a larger telecommunications
network and those support services which provide for the acquisition,
operation and management of attached systems. Information on the use of
consolidated local telecommunications services may be obtained from:
GSA, Federal Telecommunications Service, Office of Regional Services
(TR), 1730 M Street, NW., Suite 200, Washington, DC 20036.
Sec. 101-35.402 Policies.
(a) All executive agencies shall evaluate sharing Government owned
or contracted local telecommunications facilities and services.
Evaluation criteria and associated decisions must be documented as
appropriate.
(b) Executive agencies receiving local telecommunications services
from another agency, e.g., a GSA consolidated switch, must acknowledge
their shared responsibility to that community of agencies in exchange
for those services. Such a community shall be considered a
telecommunications ``Shared Resource Community.'' The agency primarily
responsible for providing telecommunications service(s) to members of
this community shall be the ``Lead Agency.'' Lead agencies must
acknowledge their responsibility(s) to provide services until an
alternative arrangement has been coordinated with the community.
Different agencies may take the lead in providing different services.
Memoranda of Agreement will identify responsibilities and cost-recovery
mechanisms.
(c) GSA charges to agencies for consolidated local
telecommunications service will cover expenses for installation,
changes in service, a common distributable charge, and termination.
Subpart 101-35.5--National Security and Emergency Preparedness
(NSEP)
Sec. 101-35.500 Scope of subpart.
This subpart discusses NSEP services and assistance provided by GSA
to executive agencies.
Sec. 101-35.501 General.
Executive Order 12472 (49 FR 13471, 3 CFR, 1984 Comp., p. 193),
requires that GSA ensure that the NSEP requirements of agencies are
met. GSA incorporates NSEP safeguards and support features in networks
and services it provides for agencies. GSA also provides emergency
telecommunications for the special needs of agencies and helps agencies
plan, obtain, and maintain continuity of telecommunications during
wartime and non-wartime emergencies.
Sec. 101-35.502 Policy.
Agencies shall use available GSA telecommunications systems and
services to meet their NSEP requirements.
Sec. 101-35.503 Procedures.
Before acquiring services or facilities to meet special NSEP
requirements, agencies shall review GSA-provided services. Agencies
shall coordinate their special NSEP requirements with: General Services
Administration, Federal Telecommunications Service, Office of Service
Delivery, NSEP Center (TOS), 18th & F Streets, NW, Washington, DC
20405.
Subpart 101-35.6--Delegation of GSA's Multiyear Contracting
Authority for Telecommunications Resources
Sec. 101-35.600 Scope of subpart.
This subpart discusses the delegation of GSA's multiyear
contracting authority to executive agencies.
Sec. 101-35.601 General.
Executive agencies are authorized to enter into multiyear contracts
for telecommunications resources subject to the following conditions:
(a) The agency shall notify GSA/T prior to using GSA's multiyear
contracting authority.
(b) The contract life including options, shall not exceed 10 years.
(c) Agencies shall comply with OMB budget and accounting procedures
relating to appropriated funds.
Dated: July 31, 1996.
David J. Barram,
Acting Administrator of General Services.
[FR Doc. 96-19961 Filed 8-6-96; 8:45 am]
BILLING CODE 6820-25-P
