§201-3.000 Scope of part.

This part describes the Federal Information Resources Management Regulation.

[61 FR 13, Jan. 2, 1996] §201-3.001 General.

(a) The Federal Information Resources Management Regulation (FIRMR) is codified in the Code of Federal Regulations (CFR) and includes interim rules which have the same effect as final rules.

(b) From time to time, the General Services Administration (GSA) will issue nonregulatory publications to provide guidance and information:

(1) FIRMR bulletins contain guidance and information on various information resources management areas. FIRMR bulletins do not constitute binding authority, but should be used as an aid in understanding GSA programs and the FIRMR. FIRMR bulletins are published in Appendix B of the looseleaf edition of the FIRMR and are available along with the FIRMR

from GPO by subscription or on GSA's CD-ROM.

(2) Handbooks and reports address specific program or technical areas where the audience generally will be defined by the subject matter.

(3) Appendix C of the looseleaf edition of the FIRMR contains a listing of current bulletins, handbooks, and reports and information on how to obtain them.

[61 FR 13, Jan. 2, 1996]

Subpart 201-3.1-Purpose $201-3.100 Scope of subpart.

This subpart describes the purpose of the FIRMR and its relationship to the Federal Acquisition Regulation (FAR). §201-3.101 Purpose.

The FIRMR is established to publish and codify uniform policies and procedures pertaining to information resources management activities by Federal agencies.

[55 FR 53389, Dec. 28, 1990, as amended at 61 FR 13, Jan. 2, 1996]

§201-3.102 Relationship to the Federal Acquisition Regulation (FAR).

(a) Part 201-39 contains Governmentwide policies and procedures unique to the acquisition of FIP resources by contracting. The FIRMR relies on the FAR for general policies and procedures to be used in acquiring these resources. The policies and procedures of part 201-39 are in addition to, not in lieu of, the FAR policies and procedures, except when the FIRMR specifically requires its policies and procedures, and not those of the FAR, to be followed.

(b) Notwithstanding the fact that the FAR is for the use of executive agencies in the acquisition of supplies and services, Federal agencies not otherwise subject to the FAR shall use the FAR in conjunction with the FIRMR when acquiring FIP resources.

Subpart 201-3.2-Administration of the FIRMR

§201-3.200 Scope of subpart.

This subpart describes the issuance, structure, and maintenance of the

FIRMR. It also describes how to obtain copies of the FIRMR.

8201-3.201 Issuance.

(a) The FIRMR is published in— (1) The FEDERAL REGISTER;

(2) The CFR (cumulated form); and (3) A separate looseleaf edition available by subscription.

(b) Amendments and interim rules are published in the FEDERAL REGISTER, the CFR, and in looseleaf form. Bulletins are published in looseleaf form only.

(c) Handbooks and reports are published as separate stand-alone documents.

(d) The FIRMR is issued as chapter 201 of title 41, CFR.

[55 FR 53389, Dec. 28, 1990, as amended at 61 FR 13, Jan. 2, 1996]

for publication in the FEDERAL REGISTER and printing for distribution; and (7) Performing miscellaneous administrative tasks pertaining to the maintenance of the FIRMR.

(b) The Administrator of General Services is responsible for signing all FIRMR amendments and interim rules. (c) The Administrator of General Services may issue an interim rule to the FIRMR when solicitation of comments is impractical due to urgent and compelling circumstances (e.g., when a new statute must be implemented in a relatively short period of time). However, the interim rule will make provision for a public comment period of at least 30 days for consideration in the formulation of the final change to the FIRMR.

[55 FR 53389, Dec. 28, 1990, as amended at 61 FR 13, Jan. 2, 1996]

§201-3.204 Copies.

(a) Copies of the FIRMR in FEDERAL REGISTER (daily) and CFR (cumulative form, annually updated) form may be purchased from the Government Printing Office (GPO) Bookstore, Washington, DC 20402, telephone: (202) 512-0132.

(b) Copies of the FIRMR in looseleaf edition (cumulative reprint plus amendments, interim rules, and bulletins) may be purchased by subscription from GPO.

[55 FR 53389, Dec. 28, 1990, as amended at 61 FR 14, Jan. 2, 1996]

Subpart 201-3.3—[Reserved] Subpart 201-3.4-Deviations from the FIRMR

§201-3.400 Scope of subpart.

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

§201-3.401 Policy.

Deviations from the FIRMR shall be kept to a minimum consistent with the specific needs and statutory authorities of each agency. Individual and class deviations may be authorized by GSA's Commissioner, Information Resources Management Service, or the officials designated by the Commissioner for this purpose.

$201-3.402 Exception.

(a) For an acquisition limited solely to providing electronic office equipment accessibility for employees with disabilities, an individual deviation from the FIRMR may be authorized by the agency's DSO or the DSO's authorized representative. This deviation authority is limited to those FIRMR provisions that

(1) Are not specifically prescribed by statute or executive order;

(2) Do not change the level of procurement authority delegated from GSA to the agency; and

(3) Impede or obstruct the acquisition of technology for employees with disabilities.

(b) A deviation authorized under paragraph (a) of this section may be granted immediately upon a written determination by the agency, identifying those FIRMR provisions impeding or obstructing the acquisition of technology for employees with disabilities. Agencies shall promptly provide a copy of each determination and deviation to: General Services Administration, Regulations Analysis Division (KAR), 18th & F Streets, NW., Washington, DC 20405.

[55 FR 53389, Dec. 28, 1990, as amended at 59 FR 61282, Nov. 30, 1994; 60 FR 7715, Feb. 9, 1995]

AUTHORITY: 40 U.S.C. 486(c) and 751(f). SOURCE: 55 FR 53390, Dec. 28, 1990, unless otherwise noted.

§201-4.000 Scope of part.

This part defines words, terms, and acronyms used in the FIRMR.

[61 FR 14, Jan. 2, 1996]

$201-4.001 Definitions.

(APR)

Agency means Federal agency. Agency procurement request means a request by a Federal agency for GSA to acquire Federal information processing (FIP) resources or for GSA to delegate the authority to acquire FIP resources.

Augmentation means adding to or upgrading existing FIP hardware or software to increase its productivity or prolong its useful life.

Automatic data processing equipment/ data system (ADPE/DS) means a specific automated system maintained by GSA to provide an inventory of the Federal Government's computer systems.

Capability validation means the technical verification of the ability of a proposed FIP system configuration, replacement component, or the features or functions of its software, to satisfy functional requirements. The intent is to ensure that the proposed FIP resource can provide the required functions. FIP performance requirements are not implied or measured in the validation. Examples of capability validation include(a) Operational capability demonstrations (OCD's) of the functions of the hardware, operating system, support software;

or

(b) Verification of conformance with information processing standards;

(c) Expert examination of the technical literature supplied with the offer; (d) Contacts with other users of the proposed information processing resource; and

(e) Vendor certification of conformance with the functional requirements. Compatibility-limited requirement means a statement of FIP resources requirements expressed in terms that require the items to be compatible with existing FIP resources.

COMSEC means communications security systems, services, and concepts that constitute protective measures

taken to deny unauthorized persons information derived from telecommunications of the United States Government related to national security and to ensure the authenticity of any such communications.

Consolidated local telecommunications service means local communications service provided by GSA to all Federal agencies located in a building, complex, or geographical area.

Copy means a duplicate of a document previously created.

Correspondence means letters, form letters, telegrams, memoranda, endorsements, summary sheets, postal cards, memo routing slips, and other written or electronic communications.

Customer premises equipment (CPE) means all telecommunications equipment and inside wiring located on the customer side of the demarcation point (demark). The demark is a point established in a building or complex to separate customer equipment from telephone company equipment.

Designated senior official (DSO)

means

(a) The senior official designated by executive agencies pursuant to the Paperwork Reduction Act to be responsible for carrying out the agency's IRM functions (see 44 U.S.C. 3506); or

(b) The senior IRM official designated by the agency head for Federal agencies not subject to the Paperwork Reduction Act to be responsible for acquisitions of FIP resources made pursuant to a DPA.

Deviation means any one or combination of the following:

(a) The issuance or use of a policy, procedure, practice, solicitation provision, contract clause, or method pertaining to the acquisition, management, or use of Federal information processing resources that is inconsistent with the FIRMR.

(b) The omission or modification of any policy, procedure, practice, solicitation provision or contract clause required by the FIRMR.

(c) The authorization of lesser or greater limitations on the delegation, use, or application of any policy, procedure, solicitation provision, or contract clause prescribed by the FIRMR, except that this does not preclude an agency from setting delegation thresh

olds at more restrictive levels than those established by the FIRMR.

Directive means a written communication that initiates or governs action, conduct, or procedure. Directives are often issued as circulars, notices, regulations, orders, and handbooks, and include materials usually issued to multiple addressees in multiple copies for insertion in policy, administrative, or operations manuals. News releases, program announcements, catalogs, price lists, training materials, and correspondence are not included.

Excess FIP equipment means FIP equipment controlled by a Federal agency but no longer required for its needs.

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 agency means any executive agency or any establishment in the legislative or judicial branch of the Government, except the Senate, the House of Representatives, the Architect of the Capitol, and any activities under the Architect's direction (see 40 U.S.C. 472(b)).

Federal information processing (FIP) resources means automatic data processing equipment (ADPE) as defined in Pub. L. 99-500 (40 U.S.C. 759(a)(2)), and set out in paragraphs (a) and (b) of this definition.

(a) Any equipment or interconnected system or subsystems of equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception, of data or information— (1) By a Federal agency, or

(2) Under a contract with a Federal agency which

(i) Requires the use of such equipment, or

(ii) Requires the performance of a service or the furnishing of a product which is performed or produced making significant use of such equipment.

(b) Such term includes

(1) Computers;

(2) Ancillary equipment;

(3) Software, firmware, and similar procedures;

(4) Services, including support services; and

(5) Related resources as defined by regulations issued by the Administrator for General Services.

(c) The term, FIP resources, includes FIP equipment, software, services, support services, maintenance, related supplies, and systems (specific examples of what the term FIP resources includes and excludes are provided in FIRMR Bulletin A-1). These terms are limited by paragraphs (a) and (b) of the definition of FIP resources and are defined as follows:

(d) FIP equipment means any equipment or interconnected system or subsystems of equipment used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information.

(e) FIP maintenance means those examination, testing, repair, or part replacement functions performed on FIP equipment or software.

(f) FIP related supplies means any consumable item designed specifically for use with FIP equipment, software, services, or support services.

(g) FIP services means any service, other than FIP support services, performed or furnished by using FIP equipment or software.

(h) FIP software means any software, including firmware, specifically designed to make use of and extend the capabilities of FIP equipment.

(1) FIP support services means any commercial nonpersonal services, including FIP maintenance, used in support of FIP equipment, software, or services.

(j) FIP system means any organized combination of FIP equipment, software, services, support services, or related supplies.

maps, machine-readable information, or other recorded information regardless of physical form or characteristics, accumulated or maintained in filing equipment, boxes, or machine-readable media, or on shelves, and occupying office or storage space.

Form means a fixed arrangement of captioned spaces designed for entering and extracting prescribed information, including FIP systems forms, regardless of media.

Implementation plan means a document identifying the tasks that must be accomplished in order to place FIP resources into service. The plan also describes the management, contracting, technical, and operating assignments and responsibilities of systems operations.

Information resources management (IRM) means the planning, budgeting, organizing, directing, training, promoting, controlling, and management activities associated with the burden, collection, creation, use, and dissemination of information by agencies, and includes the management of information and related resources, such as Federal information processing resources (see 44 U.S.C. 3502(13)). Information Systems Security (INFOSEC) means a composite of factors necessary to protect FIP systems and the information they process to prevent exploitation through interception, unauthorized electronic access, or related technical intelligence threats, and to ensure authenticity. This protection results from the application of security measures; including cryptosecurity, transmission security, emission security, and computer security; to systems that generate, store, process, transfer or communicate information of use to an adversary, and also includes the physical protection of sensitive material and sensitive technical security.

Interoperability means the ability of FIP resources to provide services to and accept services from other FIP 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