PART 201-1-APPLICABILITY AND AUTHORITY

Sec.

201-1.000 Scope of part. 201-1.001 [Reserved] 201-1.002 Applicability.

201-1.002-1 Policy.

201-1.002-2 Exceptions.

201-1.002-3 Procedures.

201-1.003 Authority.

AUTHORITY: 40 U.S.C. 486(c) and 751(f). SOURCE: 55 FR 53387, Dec. 28, 1990, unless otherwise noted.

§201-1.000 Scope of part.

This part prescribes the extent to which the Federal Information Resources Management Regulation (FIRMR) applies to the creation, maintenance, and use of Federal records and the acquisition, management, and use of Federal information processing (FIP) resources by Federal agencies. It also discusses the basic authority for the FIRMR.

§201-1.001 [Reserved]

§201-1.002 Applicability.

§201-1.002-1 Policy.

The FIRMR applies to—

(a) The acquisition, management, and use of FIP resources by Federal agencies.

(b) Any Federal agency solicitation or contract when either paragraph (b)(1), (b)(2), or (b)(3) applies:

(1) The solicitation or contract requires the delivery of FIP resources for use by a Federal agency or users designated by the agency.

(2) The solicitation or contract explicitly requires the use by the contractor of FIP resources that are not incidental to the performance of the contract. FIP resources acquired by a contractor are incidental to the performance of a contract when:

(i) None of the principal tasks of the contract depend directly on the use of the FIP resources; or

(ii) The requirements of the contract do not have the effect of substantially restricting the contractor's discretion

in the acquisition and management of FIP resources, whether the use of FIP resources is or is not specifically stated in the contract.

(3) The solicitation or contract requires the performance of a service or the furnishing of a product that is performed or produced making significant use of FIP resources that are not incidental to the performance of the contract. Significant use of FIP resources

means:

(i) The service or product of the contract could not reasonably be produced or performed without the use of FIP resources; and

(ii) The dollar value of FIP resources expended by the contractor to perform the service or furnish the product is expected to exceed $500,000 or 20 percent of the estimated cost of the contract, whichever amount is lower.

(c) The creation, maintenance, and use of records by Federal agencies.

§201-1.002-2 Exceptions.

(a) The FIRMR does not apply to the procurement of FIP resources(1) By the Central Intelligence Agency.

(2) By the Department of Defense when the function, operation or use of such resources

(i) Involves intelligence activities, cryptologic activities related to national security, the command and control of military forces, or equipment that is an integral part of a weapon or weapons system; or

(ii) Is critical to the direct fulfillment of military or intelligence missions, provided that this exclusion shall not include FIP resources used for routine administrative and business applications such as payroll, finance, logistics, and personnel management.

(b) The FIRMR does not apply to radar, sonar, radio or television equipment, except that the FIRMR is used by GSA to implement Federal Telecommunications Standards for radio equipment.

(c) When both FIP and other resources are being acquired under the same solicitation or contract and the FIRMR applies to the solicitation or

contract, the FIRMR applies only to the FIP resources.

(d) Where the value of the FIP resources to be delivered does not exceed $500,000 and constitutes only a minimal dollar amount of the contract, or is of little consequence to the major purpose of the contract, the FIRMR does not apply.

(e) While the FIRMR may require an agency to include in Federal solicitations and contracts provisions and clauses that control the contractor's acquisition of FIP resources, the FIRMR does not apply to FIP resources acquired by a Federal contractor that are incidental to the performance of a contract.

(f) The FIRMR does not apply to the acquisition, management, and use of products containing embedded FIP equipment when: (1) the embedded FIP equipment would need to be substantially modified to be used other than as an integral part of the product, or (2) the dollar value of the embedded FIP equipment is less than $500,000 or less than 20 percent of the value of the product, whichever amount is lower. Embedded FIP equipment is FIP equipment that is an integral part of the product, where the principal function of the product is not the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. In an acquisition where multiple products are acquired, the exception applies to each discrete product.

(g) The FIRMR does not apply to the acquisition, management, and use of FIP resources that will be used in or as embedded FIP resources (equipment, software or supplies) in products excepted from FIRMR coverage under §201-1.002-2(f). This exception includes replacement or upgrades of the embedded FIP resources, regardless of the cost.

[55 FR 53387, Dec. 28, 1990, as amended at 59 FR 66203, Dec. 23, 1994]

§201-1.002-3 Procedures.

FIRMR Bulletin A-1 provides an analytical framework, guidance, and examples for use in determining whether the FIRMR applies to an acquisition. Agencies should use this bulletin to as

sist them in understanding FIRMR applicability provisions.

[59 FR 66203, Dec. 23, 1994] §201-1.003 Authority.

(a) The FIRMR is prepared, issued, and maintained, and the FIRMR is prescribed, by the Administrator of General Services under the Federal Property and Administrative Services Act of 1949, Pub. L. 152, 81st Congress (63 Stat. 377), as amended (the "Property Act'), particularly sec. 205(c) (40 U.S.C. 486(c)), sec. 101(f) (40 U.S.C. 751(f)), and other authorities cited.

(b) The authority conferred upon the Administrator of General Services by 40 U.S.C. 759 shall not be construed as to impair or interfere with the determination by agencies of their individual FIP resources requirements, including the development of specifications for and the selection of the types and configurations of resources needed.

(c) The General Services Administration's (GSA's) records management authorities and responsibilities are defined under 44 U.S.C. 2901 et seq., which requires the Administrator to, among other things, provide guidance and assistance to Federal agencies to ensure economical and effective records management by agencies.

[55 FR 53387, Dec. 28, 1990, as amended at 61 FR 13, Jan. 2, 1996]

PART 201-2-DESIGNATED SENIOR OFFICIALS

Sec.

201-2.000 Scope of part. 201-2.001 General.

201-2.002 Policies. 201-2.003

Procedures.

AUTHORITY: 40 U.S.C. 486(c) and 751(f). SOURCE: 55 FR 53388, Dec. 28, 1990, unless otherwise noted.

$201-2.000 Scope of part.

This part discusses the role of the agency designated senior official (DSO) which includes both

(a) The senior official designated by executive agencies pursuant to the Paperwork Reduction Act (PRA), as amended, (44 U.S.C. 3501, et seq.) to be responsible for carrying out the agency's information resources management (IRM) functions; and

countability for acquisitions of FIP resources made under a DPA from GSA.

(c) The heads of Federal agencies not subject to the PRA shall designate a senior IRM official to be responsible for acquisitions of FIP resources made pursuant to a DPA.

[55 FR 53388, Dec. 28, 1990, as amended at 61 FR 13, Jan. 2, 1996]

§201-2.003 Procedures.

(a) Each Federal agency head shall advise GSA in writing of the position title and organizational identity of the DSO. The address is: GSA, Assistant Commissioner for Federal Information Resources Management (KA), Washington, DC 20405.

(b) The policies and procedures on delegation of GSA's exclusive procurement authority are contained in §20120.305.

(c) The DSO's relationship to agency contracting officials is discussed in §201-39.106.

[55 FR 53387, Dec. 28, 1990, as amended at 61 FR 13, Jan. 2, 1996]