lection of the types and configurations of equipment needed. The Administrator will not interfere with, nor attempt to control in any way, the use made of ADP resources by any agency. The Administrator will provide adequate notice to all agencies and other users concerned with respect to each proposed determination specifically affecting them or the ADP resources used by them. In the absence of mutual agreement between the Administrator and the agency or user concerned, such proposed determination will be subject to review and decision by OMB unless the President otherwise directs. When an agency submits these matters to OMB for resolution, copies of the submission and all relevant data and information (other than that previously furnished by the agency) shall be furnished to the Commissioner, Information Resources Management Service (K), General Services Administration, Washington, DC 20405. Copies of data or information submitted to OMB by GSA in this connection will also be furnished to the agency concerned.

(d) Agency heads are subject to management direction contained in Executive orders and other Presidential direction, and OMB Circulars, including A-10, A-11, A-40, A-123, and A-130. The present value concept in A-94 is applied in the FIRMR. The applicability of A-76 to agency information resources activities is as determined and directed by OMB.

(e) As a part of their ongoing oversight activities, Members of Committees of the Congress from time to time request information or express concerns regarding various facets of information resources activities. GSA will solicit the cooperation of agencies from time to time in order to be responsive to these queries.

[FIRMR Amdt. 1, 50 FR 4329, Jan. 30, 1985, as amended by FIRMR Amdt. 4, 50 FR 27144, July 1, 1985; Amdt. 12, 53 FR 24722, June 30, 1988]

8 201-1.102-3 Exclusions.1

(a) In accordance with Pub. L. 97-86 (10 U.S.C. 2315), the FIRMR does not apply to the procurement of automatic data processing equipment and services for certain defense purposes, if the function, operation, or use—

(1) Involves intelligence activities; (2) Involves cryptologic activities related to national security;

(3) Involves the command and control of military forces;

(4) Involves equipment that is an integral part of a weapon or weapons system; or

(5) Is critical to the direct fulfillment of military or intelligence missions, but not including ADP equipment or services to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).

(b) In accordance with Pub. L. 97269 (50 U.S.C. 403c(e)), the FIRMR does not apply to the procurement by the Central Intelligence Agency of automatic data processing equipment or services.

(c) The FIRMR does not apply to other information resources activities by agencies to the extent that they are specifically exempted by law.

§201-1.103 Applicability.1

(a) General. The FIRMR applies to information resources activities by Federal or executive agencies (as applicable), and by Government contractors as directed by agencies, to the extent specified in the "Property Act", or in other law (see § 201-1.102).

(b) ADP activities. (1) The FIRMR applies to the management, acquisition, and use of ADP resources by Federal agencies regardless of use or application, including Government-acquired ADP resources provided to contractors. ADP resources include ADP equipment, software, related supplies, maintenance services, ADP services, and ADP support services.

(2) Agencies shall require their Government contractors to apply the poli

1 For temporary regulations affecting § 201-1.102-3, see Temp. Reg. 13 in the appendix to this chapter.

cies and procedures in the FIRMR to the management, acquisition and use of ADP equipment, software, maintenance, and related supplies when the very subject matter of a contract is for the performance of commercial ADP services or support services for a Federal agency, and when

(i) The Government requires the contractor to purchase ADP equipment or software for the account of the Government; or

(ii) The Government requires the contractor to pass title to ADP equipment or software to the Government;

or

(iii) The Government pays the full lease costs of ADP equipment or software under a cost-reimbursement contract.

(3) When the very subject matter of a contract is for something other than the contracting for ADP resources, agencies shall not require their Government contractors to apply the policies and procedures in the FIRMR even though commercially available ADP resources are used in contract performance. However, if it is operationally feasible to sever the ADP resources requirements from the overall requirement, they shall be severed and contracted for in accordancee with the FIRMR if this action will promote economy, efficiency, and full and open competition.

(4) The FIRMR applies to the use of GSA nonmandatory schedules for the acquisition of certain office automation equipment not defined as ADP equipment.

(c) Telecommunications

activities.

(1) The FIRMR applies to the management, acquisition, and use of telecommunications resources by executive agencies.

(2) The FIRMR also applies to telecommunications resources furnished by GSA to any Federal agency upon request from other agencies.

(3) The FIRMR applies to the use of GSA nonmandatory schedules for the acquisition of communications equipment under Federal Supply Classification Group 58 not defined as telecommunications equipment.

(d) Records management activities. The FIRMR applies to records management activities by Federal agencies.

In addition, records management provisions in 36 CFR Chapter XII apply to Federal agencies.

(e) Utilization and disposal activities. The FIRMR applies to utilization management activities by Federal agencies. In addition, utilization and disposal provisions in FPMR Subchapter H (41 CFR 101-42 through 101-49) apply to Federal or executive agencies (as applicable).

(f) Government contractors. Except as provided in paragraph (b) above, the FIRMR does not apply to contractor acquisition of information resources for its own account in the performance of a Government contract.

(g) Experts and consultants. The FIRMR does not apply to the employment of experts and consultants pursuant to 5 U.S.C. 3109 regarding "personal services".

NOTE: The FIRMR includes a blanket delegation of procurement authority for agencies to procure (non-personal) commercial ADP support services (see § 201-23.104-6).

[FIRMR Amdt. 1, 50 FR 4329, Jan. 30, 1985, as amended by FIRMR Amdt. 4, 50 FR 27144, July 1, 1985; Amdt. 12, 53 FR 24722, June 30, 1988; FIRMR Interim Rule 1, 53 FR 28639, July 29, 1988]

§ 201-1.104 Issuance.

§ 201-1.104-1 Publication and code arrangement.

(a) The FIRMR is published in (1) the daily issue of the FEDERAL REGISTER, (2) cumulated form in the Code of Federal Regulations (CFR), and (3) a separate looseleaf edition. Amendments and temporary regulations will be published in the FEDERAL REGISTER and in looseleaf form. Bulletins will be published in looseleaf form.

(b) The FIRMR is issued as Chapter 201 of Title 41, CFR. Subsequent chapters in Subtitle E of Title 41 are reserved for agency regulations that implement or supplement the FIRMR (see Subpart 201-1.3). The CFR Staff will assign FIRMR chapter numbers to requesting agencies.

(c) Each numbered unit or segment (e.g., part, subpart, section, etc.) of an agency regulation that is codified in the CFR shall begin with the chapter number.

§ 201–1.104-2 Arrangement of regulations. (a) General. The FIRMR is divided into subchapters, parts (each of which deals with a separate aspect of information resources), subparts, sections, and subsections.

(b) Numbering. (1) The numbering system permits the discrete identification of every FIRMR paragraph. FIRMR material is preceded by digit 201-. This means that it is Chapter 201 in Title 41 of the Code of Federal Regulations. The digit(s) before the decimal point indicates the part. The digits after the decimal point indicate the subpart and section, respectively, the latter always in two digits. The digit(s) after the dash indicates the subsection. For example, subsection 201-1.104-2:

Chapter

201

Part

1.

Subpart

1

Section 04

Subsection -2

(2) Subdivisions may be used at the section and subsection level to identify individual paragraphs. Subdivisions below the section or subsection level shall consist of parenthetical alphanumerics reading from highest to lowest indenture as follows: Lower case alphabet, Arabic numbers, lower case Roman numerals, and upper case alphabet. The following example is illustrative:

(a)(1)(i)(A)

(c) References and citations. (1) Unless otherwise stated, cross-references indicate parts, subparts, sections, subsections, paragraphs, subparagraphs, or subdivisions of this regulation.

(2) This regulation may be referred to as the Federal Information Resources Management Regulation or the FIRMR.

(3) This regulation should be cited as "41 CFR 201-" followed by the appropriate inferior division numbers.

(4) Citations of authority (e.g., statutes or executive orders) in the

FIRMR shall follow the FEDERAL REGISTER format.

§ 201-1.104-3 Copies.

(a) Copies of the FIRMR IN FEDERAL REGISTER (daily) and CFR (cumulative, annually updated) form may be purchased from the Superintendent of Documents, Government Printing Office (GPO), Washington, DC 20402.

(b) Copies of the FIRMR in looseleaf edition (cumulative reprint plus amendments and temporary regulations as issued) may be purchased by

(1) Federal agencies from the GPO, using SF-1 rider requisitions to GSA requisitions; and

(2) The public from the GPO, using direct subscription.

[FIRMR Amdt. 1, 50 FR 4329, Jan. 30, 1985, as amended by FIRMR Amdt. 4, 50 FR 27144, July 1, 1985]

Subpart 201-1.2-Administration

§ 201-1.201 Maintenance of the FIRMR.

(a) Subject to the authorities discussed in § 201-1.102, changes to the FIRMR shall be prepared and issued through the GSA Commissioner, Information Resources Management Service by the Administrator of General Services. Specialized procurement and contracting provisions shall be coordinated with the GSA Associate Administrator for Aquisition Policy. Records management provisions shall be coordinated with the Archivist of the United States. Issuance shall be made through the GSA Associate Administrator for Administration.

(b) The GSA Commissioner, Information Resources Management Service shall be responsible for

(1) Preparing the FIRMR regulatory agenda and attendant submissions;

(2) Preparing proposed changes to the FIRMR;

(3) Soliciting comments on proposed changes to the FIRMR;

(4) Considering all comments received in response to notice of proposed changes;

(5) Arranging for agency and public meetings;

(6) Preparing any final change in the appropriate FIRMR format and language;

(7) Submitting any final change to the Federal Register Liaison Officer for publication in the FEDERAL REGISTER and printing for distribution; and

(8) Performing miscellaneous administrative tasks pertaining to the maintenance of the FIRMR.

[FIRMR Amdt. 1, 50 FR 4329, Jan. 30, 1985, as amended by Amdt. 12, 53 FR 24722, June 30, 1988]

8 201-1.202 Agency compliance with the FIRMR.

Agency compliance with the FIRMR (see Subpart 201-1.3) is the responsibility of the agency head. Responsibility for executive agency information management activities shall be carried out by the senior official (or in the case of military departments and the Office of the Secretary of Defense, officials) designated by the agency head according to the Paperwork Reduction Act of 1980 (44 U.S.C. 3506). Responsibility for executive agency procurement system management direction shall be carried out by the senior procurement executive designated by the agency head according to the Office of Federal Procurement Policy Act Amendments of 1983 (41 U.S.C. 414).

Subpart 201-1.3—Agency
Regulations

§ 201-1.301 Policy.

(a) In conjunction with the FAR and subject to the authority in paragraph (c) of this section and other statutory authority, except as stated in paragraph (b) of this section, an agency head may issue or authorize the issuance of agency regulations that (1) implement or supplement the FIRMR and (2) incorporate, together with the FIRMR, agency-wide policies, procedures, solicitation provisions and contract clauses controlling activities within the scope of the FIRMR. Agency-wide regulations shall be published in the FEDERAL REGISTER as required by law.

(b) Subject to the authority in paragraph (c) of this section and other statutory authority, an agency head may issue or authorize the issuance of internal agency guidance at any organizational level (e.g., designations and

§ 201-1.303 Codification and public participation.

(a) Agency regulations that are published in the FEDERAL REGISTER shall be codified under an assigned chapter in title 41, Code of Federal Regulations, and shall parallel the FIRMR in format, arrangement, and numbering systems. For exception, see paragraph (c) of this section. Coverage in any agency regulation that implements a specific part, subpart, section or subsection of the FIRMR shall be numbered and titled to correspond to the appropriate FIRMR number and title. Supplementary material for which there is no counterpart in the FIRMR shall be codified using chapter, part, subpart, section, or subsection numbers of 50 and up (e.g., for the Department of Interior, whose assigned FIRMR system chapter number in title 41 is 214, part 214-50, subpart 214-1.50, § 214-1.350, or § 214-1.30350.)

(b) Agency heads shall establish procedures to ensure public participation when appropriate in the promulgation of agency regulations that must be published in the FEDERAL REGISTER (see 201-1.301(a)). The coverage on public participation in subpart 201-1.5

shall be the principal guideline for establishing these procedures.

(c) Agency provisions that supplement or implement the FIRMR, and which pertain solely to the specialized procurement and contracting aspects of information resources activities, may be published in agency acquisition regulations; provided the agency complies with all applicable provisions of the FIRMR.

§ 201-1.304 Agency control and compliance procedures.

(a) Agencies shall control and limit issuance of agency regulations and shall establish formal procedures for the review of these regulations to ensure compliance with this part 2011.

(b) Agency regulations shall not

(1) Unnecessarily repeat, paraphrase, or otherwise restate material contained in the FIRMR or higherlevel agency regulations; or

(2) Conflict or be inconsistent with FIRMR content, except as required by law or as provided in subpart 201-1.4.

(c) Agencies shall evaluate their regulatory coverage to determine if it could apply to other agencies. Coverage that is not peculiar to one agency shall be recommended for inclusion in the FIRMR.

Subpart 201-1.4-Deviations From the FIRMR

8 201-1.400 Scope of subpart.

This subpart prescribes the policies and procedures for authorizing deviations from the FIRMR.

§ 201-1.401 Definition of deviation.

Deviation, as used in subpart 2011.4, means any one or combination of the following:

(a) Issuance or use of a policy, procedure, or practice pertaining to information resources activities that is inconsistent with the FIRMR;

(b) Omission or modification of a policy, procedure, or practice that is required by the FIRMR; or

(c) Authorization of lesser or greater limitations upon the delegation, use, or application of a policy, procedure, or solicitation provision and contract clause that is specified in the FIRMR.

(a) The agency head shall prescribe a formal agency procedure for the control of requests for deviations from the FIRMR. The procedure should include coordination with the agency designated senior official and the agency senior procurement executive. A copy of this procedure shall be provided upon request to the General Services Administration (KMPR), Washington, DC 20405.

(b) Each request shall explain the nature of and the reasons for the deviation.

(c) Agencies shall forward requests for deviations to the General Services Administration (KMPR), Washington, DC 20405.

(d) For a procurement limited solely to providing electronic office equipment accessibility for handicapped employees, an individual deviation from the FIRMR may be authorized by the agency designated senior official (DSO) (as designated in accordance with Pub. L. 96-511), or the DSO's authorized representative. This deviation authority for handicapped accessibility is further limited to those FIRMR provisions that: Are not specifically prescribed by executive order or statute, do not change the level of procurement authority delegated from GSA to the agency, and do not impede or obstruct the provision of technology for handicapped employees. Such a