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- GENERAL SERVICES ADMINISTRATION
- Washington, DC 20405
-
-
- FIRMR BULLETIN A-1
-
- TO: Heads of Federal agencies
-
- SUBJECT: Federal Information Resources Management Regulation
- (FIRMR) applicability
-
- 1. Purpose. This bulletin discusses the FIRMR implementation of
- the Paperwork Reduction Reauthorization Act of 1986 (Pub. L.
- 99-500) and provides examples of FIP resources and FIRMR
- applicability when such resources are being acquired by
- contracting.
-
- 2. Expiration date. This bulletin contains information of a
- continuing nature and will remain in effect until canceled.
-
- 3. Contents.
-
- Topic Paragraph
-
- Related material..........................................4
- Information and assistance................................5
- General...................................................6
- Applicability tests.......................................7
- Cancellation..............................................8
- Definition and Examples..............................Attachment A
- FIRMR Applicability--Policy and Exceptions...........Attachment B
- Examples of FIRMR Applicability When Contracting
- for FIP Resources..................................Attachment C
- Diagram Illustrating FIRMR Applicability.............Attachment D
-
- 4. Related material.
-
- a. FIRMR 201-1.002
- b. FIRMR 201-4
- c. FIRMR 201-20.305(b)(3)
- d. FIRMR 201-39.101-3
- e. FIRMR 201-39.2
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- TC 90-1 Attachments
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- FEDERAL INFORMATION RESOURCES MANAGEMENT REGULATION
- APPENDIX B
- FIRMR Bulletin A-1
-
-
- 5. Information and assistance.
-
- General Services Administration
- Information Resources Management Service
- Regulations Branch (KMPR)
- 18th and F Streets, NW
- Washington, DC 20405
-
- Telephone: (202) 501-3194 or FTS 241-3194 (v)
- (202) 501-0657 or FTS 241-0657 (tdd)
-
- 6. General.
-
- a. Pub. L. 99-500 made important changes to the Federal
- Property and Administrative Services Act. Three of these changes
- follow:
-
- (1) Automatic data processing equipment (ADPE) was defined
- to encompass all ADP resources and most telecommunications
- resources. This change was made in recognition of the merging of
- telecommunications and ADP technologies. Only radar, sonar, radio,
- and television equipment were excluded from the definition of ADPE.
- To minimize confusion between the statutory definition of ADPE and
- the popular meaning of that term, GSA established the term "Federal
- information processing (FIP) resources" to replace the term ADPE,
- as defined in Pub. L. 99-500.
-
- (2) GSA's exclusive procurement and management authorities
- were expanded to Federal contracts "making significant use" of
- ADPE.
-
- (3) ADPE acquired and used by a contractor that are
- "incidental to the performance" of Federal contracts were excluded
- from GSA's authorities.
-
- b. The FIRMR is not applicable to all FIP resources or to all
- Federal solicitations and contracts involving FIP resources. This
- bulletin provides guidelines for clarifying which Federal
- solicitations and contracts for FIP resources are subject to the
- FIRMR.
-
- 7. Applicability tests.
-
- a. Agencies need to use a series of "tests" to determine FIRMR
- applicability to a solicitation or contract involving FIP
- resources. If the solicitation or contract involves both FIP
-
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- FIRMR Bulletin A-1
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- resources and non-FIP resources, FIRMR applicability would
- encompass the FIP resources only. In this case, the agency should
- have considered severing the FIP resources and conducting separate
- contracting actions.
-
- b. The FIRMR definition of FIP resources is repeated at
- Attachment A. This attachment also provides examples of the
- different categories of FIP resources to which the FIRMR may be
- applicable when conducting a contracting action. In addition,
- Attachment A provides examples of products to which the FIRMR does
- not apply even though the products contain embedded FIP equipment.
-
- c. Attachment B contains a repeat of the policies and
- exceptions related to FIRMR applicability to FIP resources and
- Federal agency solicitations or contracts.
-
- d. Attachment C provides some examples of contracting actions
- that include FIP resources and a discussion of whether or not the
- FIRMR is applicable in each cited case.
-
- e. The diagram at Attachment D illustrates the process for
- determining FIRMR applicability to a solicitation or contract.
- When none of the exceptions to FIRMR applicability are relevant,
- there are four questions that must be answered to determine whether
- the FIRMR applies to an agency solicitation or contract. Those
- questions are --
-
- (1) Does the solicitation or contract require the delivery
- of FIP resources for use by a Federal agency or by any non-Federal
- agency users designated by the agency?
-
- (i) If the question is answered "yes," the FIRMR
- applies to the solicitation or contract. It should be noted that
- "significant use" and "incidental to the performance" are not a
- consideration when the solicitation or contract requires the
- delivery of FIP resources for use by a Federal agency or its
- designated users.
-
- (ii) If the question is answered "no," additional
- questions must be considered to determine whether the FIRMR applies
- to the agency solicitation or contract.
-
- (2) Does a principal task of the solicitation or contract
- depend directly on the use of FIP resources?
-
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- 3
- FIRMR Bulletin A-1
-
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- (i) If the question is answered "no," the FIRMR would
- not apply to the solicitation or contract.
-
- (ii) If the question is answered "yes," additional
- questions must be considered to determine whether the FIRMR applies
- to the agency solicitation or contract.
-
- (3) Do the requirements of the solicitation or contract
- have the effect of substantially restricting the contractor's
- discretion in the acquisition and management of the FIP resources?
-
- (i) If the question is answered "no," the FIRMR would
- not apply to the solicitation or contract.
-
- (ii) If the question is answered "yes," additional
- questions must be considered to determine whether the FIRMR applies
- to the agency solicitation or contract.
-
- (4) Does the solicitation or contract explicitly require
- the use by the contractor of FIP resources?
-
- (i) If the question is answered "yes," the FIRMR
- applies to the solicitation or contract.
-
- (ii) If the question is answered "no," additional
- questions must be considered to determine whether the FIRMR applies
- to the agency solicitation or contract.
-
- (5) Could the service or product required by the
- solicitation or contract reasonably be performed or produced
- without the use of FIP resources?
-
- (i) If the answer is "yes," the FIRMR does not apply
- to the solicitation or contract.
-
- (ii) If the answer is "no," one additional question
- must be applied to determine FIRMR applicability to the agency
- solicitation or contract.
-
- (6) Would the dollar value of FIP resources expended by
- the contractor to perform the service or furnish the product be
- expected to exceed the lower of $500,000 or 20 percent of the
- estimated cost of the contract?
-
- (i) If the answer is "no," the FIRMR does not apply
- to the solicitation or contract.
-
-
- 4
- FIRMR Bulletin A-1
-
-
- (ii) If the answer is "yes," the FIRMR is applicable
- to the FIP resources portion of the solicitation or contract.
-
- 8. Cancellation. FIRMR Bulletin 67 is canceled.
-
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- Thomas J. Buckholtz
- Commissioner
- Information Resources
- Management Service
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- 5
- FIRMR Bulletin A-1
- Attachment A
-
- DEFINITION AND EXAMPLES
-
- This attachment contains definitions (repeated from FIRMR Part
- 201-4) for FIP resources. In addition, where it makes sense to do
- so, examples are cited for the different categories of these
- resources.
-
-
- FIRMR " Federal information processing (FIP) resources
- Definition means automatic data processing equipment (ADPE) as
- of FIP defined in Pub. L. 99-500 (40 U.S.C. 759(a)(2)), and
- Resources 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 of General Services.
-
-
- (c) The term, FIP resources, includes FIP
- equipment, software, services, support services,
- maintenance, related supplies and systems. These
- terms are limited by paragraphs (a) and (b) of the
- definition of FIP resources and are defined as
- follows:"
-
-
-
-
- 1
- FIRMR Bulletin A-1
- Attachment A
-
-
-
- FIRMR "(d) FIP equipment means any equipment or
- Definition interconnected system or subsystems of equipment
- of FIP used in the automatic acquisition, storage,
- Equipment manipulation, management, movement, control,
- display, switching, interchange, transmission, or
- reception of data or information."
-
- Examples FIP equipment includes the following:
- of FIP
- Equipment a. Data processing and switching equipment, such
- to Which as supercomputers, mainframes, minicomputers,
- the FIRMR microcomputers, analog and digital private branch
- May be exchanges (PBX);
- Applicable
- b. Ancillary equipment, such as disk drives, tape
- drives, plotters, printers, storage and backup
- devices cable connected to computers, digital
- imaging equipment, optical storage and/or
- retrieval equipment, source data
- automation/recording equipment (e.g., optical
- character recognition devices, computer-generated
- microfilm and other data acquisition devices),
- punched card accounting equipment, and office
- automation equipment that was designed for use in
- conjunction with or controlled by a computer
- system; and
-
- c. Telecommunications networks and related
- equipment, such as voice communications networks;
- data communications networks; local area networks;
- terminals; modems; data encryption devices; fiber
- optics and other communications networks; packet
- switching equipment; terrestrial carrier equipment
- (e.g., multiplexers and concentrators); lightwave,
- microwave or satellite transmission and receiving
- equipment; telephonic (including cellular)
- equipment; and facsimile equipment.
-
- Examples The Federal Government frequently acquires
- of Products products containing embedded FIP equipment. Such
- Containing products are designed and produced to function
- Embedded using the FIP equipment (most commonly
- FIP Equip- microprocessors) as an integral part of the
- ment product. The FIRMR, at 201-1.002, describes the
- parameters to be applied when determining FIRMR
-
-
- 2
- FIRMR Bulletin A-1
- Attachment A
-
-
- applicability to products containing embedded FIP
- equipment. Some examples of products that often
- contain embedded FIP equipment are electronic
- clocks and watches, automobiles, elevators, blood
- analyzers, and drill presses using numerical
- control.
-
- FIRMR "(e) FIP maintenance means those examination,
- Definition testing, repair, or part replacement functions
- of FIP performed on FIP equipment or software."
- Maintenance
-
- Examples Examples of FIP maintenance are preventive and
- of FIP remedial equipment diagnostic and repair services,
- Maintenance a field engineering change or field modification
- to FIP equipment, and modifications and upgrades
- to FIP software.
-
- Examples Examples of items that fall in this category
- of Non-FIP include maintenance of such end-items as discussed
- Maintenance in the category labelled "Examples of Products
- Containing Embedded FIP Equipment." A specific
- example is the maintenance of elevators.
-
- FIRMR "(f) FIP related supplies means any consumable
- Definition item designed specifically for use with FIP
- of FIP equipment, software, services, or support
- Related services."
- Supplies
-
-
- Examples Examples of FIP related supplies include
- of FIP telecommunications fuses and connectors; floppy
- Related diskettes; CD-ROM and laser optical disks; backup
- Supplies cartridges; cables and wires; print wheels; print
- ribbons; ink for ancillary equipment; printer
- paper; FIP equipment cleaning kits; magnetic tape;
- magnetic disks; and all other similar items
- designed specifically for use with FIP equipment
- in the creation, transmission, and maintenance of
- automated information, data, records, or files.
-
-
-
-
-
-
-
- 3
- FIRMR Bulletin A-1
- Attachment A
-
-
- Examples Examples of items that fall in this category
- of Non-FIP include supplies associated with such
- Related end-items as discussed in the category labelled
- Supplies "Examples of Products Containing Embedded FIP
- Equipment." A specific example is the special
- paper used in a blood analyzer to record the
- results of the analysis.
-
- FIRMR "(g) FIP services means any service, other than
- Definition FIP support services, performed or furnished by
- of FIP using FIP equipment or software."
- Services
-
- Examples Examples of FIP services include teleprocessing,
- of FIP local batch processing, electronic mail, voice
- Services mail, centrex, cellular telephone, facsimile, and
- packet switching of data.
-
- Examples An example of non-FIP services is transcription
- of Non-FIP services (e.g., the services required to make a
- Services hardcopy of dictated or recorded matter).
-
- FIRMR "(h) FIP software means any software, including
- Definition firmware, specifically designed to make use of and
- of FIP extend the capabilities of FIP equipment."
- Software
-
- Examples FIP software examples include systems programs
- of FIP (e.g., control and library programs, assemblers,
- Software compilers, interpreters, utility programs, sort-
- merge programs, and maintenance-diagnostic
- programs); application programs; and commercially-
- available programs (e.g., word processing,
- communications, graphics, file-management and data
- base management system software). The term also
- encompasses independent subroutines; related
- groups of routines; sets or systems of programs;
- data bases; and software documentation.
-
- Examples Examples of items that fall in this category
- of Non-FIP include software associated with such end-items
- Software as discussed in the category labelled "Examples of
- Products Containing Embedded FIP Equipment." A
- specific example is any special software that may
- be required to perform the analysis process of the
- blood analyzer.
-
-
- 4
- FIRMR Bulletin A-1
- Attachment A
-
-
- FIRMR "(i) FIP support services means any commercial
- Definition nonpersonal services, including FIP maintenance
- of FIP used in support of FIP equipment, software, or
- Support services."
- Services
-
- Examples Examples of FIP support services are source data
- of FIP entry; computer output microfilming; software
- Support conversion; training; planning for FIP resources;
- Services capability and performance validation; studies
- (e.g., requirements analyses, analyses of
- alternatives, and conversion studies); facilities
- management of Government-furnished FIP equipment;
- custom software development; systems analysis and
- design; equipment operation; network management;
- network analysis and design; site preparation; and
- computer performance evaluation and capacity
- management.
-
- Examples Examples of services that fall in this category
- of Non-FIP include support services associated with such end-
- Support items as discussed in the category labelled
- Services "Examples of Products Containing Embedded FIP
- Equipment." A specific example is the development
- of custom software for numerically-controlled
- drill presses.
-
- FIRMR "(j) FIP system means any organized combination
- Definition of FIP equipment, software, services, support
- of FIP services, or related supplies."
- System
-
- Examples Examples of FIP systems are (1) a minicomputer
- of FIP with a printer, terminals, and a tape drive, the
- Systems associated systems programs and application
- programs, and the magnetic tape and printer paper;
- (2) a PBX and its associated software, telephones
- and facsimile equipment and the wiring necessary
- to connect the equipment to the PBX.
-
- Examples Examples of systems that fall in this category
- of Non-FIP include an organized combination of such end-items
- Systems as discussed in the examples of embedded FIP
- equipment and non-FIP related supplies, services,
- software, and support services
-
-
-
- 5
- FIRMR Bulletin A-1
- Attachment B
-
- FIRMR APPLICABILITY
- POLICY
- AND
- EXCEPTIONS
-
- FIRMR applicability policies and exceptions are reprinted here as
- follows--
-
- " 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."
-
-
-
- 1
- FIRMR BULLETIN A-1
- Attachment B
-
-
- " 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) 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.
-
- (e) 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."
-
-
- 2
- FIRMR Bulletin A-1
- Attachment C
-
- EXAMPLES
- OF
- FIRMR APPLICABILITY
- WHEN
- CONTRACTING FOR FIP RESOURCES
-
-
- Example One: A Department of Defense (DOD) agency initiates a
- contracting action in which the solicitation specifies the delivery
- of a mainframe computer to its Washington, DC headquarters
- location; minicomputers to several geographically dispersed
- subordinate military agency locations; and microcomputers to a few
- colleges and universities that are participating with the DOD in an
- effort involving logistics modeling.
-
- Discussion: In this example, the agency would need to apply only
- the test of "Does the solicitation or contract require the delivery
- of FIP resources for use by a Federal agency or by any non-Federal
- agency users designated by the agency?" Since the answer to this
- question is "yes," the FIRMR applies to the solicitation and
- contract.
-
-
- Example Two: A Federal agency initiates a contracting action in
- which the solicitation requires the completion of a study of the
- agency's organization and personnel distribution and the delivery
- of a hardcopy report. The solicitation requires the vendor to
- develop software; gather information; and use a computer to process
- the information and produce the report. It should be noted that
- the agency has considered the guidance provided at FIRMR
- 201-20.305(b)(3) but has elected not to sever the FIP resources and
- acquire them under a separate contracting action from the non-FIP
- resources.
-
- Discussion: In this example, the agency should apply the
- following tests/questions to determine FIRMR applicability to the
- solicitation or contract:
-
- a. "Does the solicitation or contract require the delivery of FIP
- resources for use by a Federal agency or by any non-Federal agency
- users designated by the agency?" The answer is "no;" however, the
- following additional tests will be required before FIRMR
- applicability can be ascertained.
-
- b. "Does a principal task of the solicitation or contract depend
- directly on the use of FIP resources?" In this example, the
- solicitation requires the vendor to acquire, develop, and use FIP
-
- 1
- FIRMR Bulletin A-1
- Attachment C
-
-
- resources to process information and produce the report, which are
- the principal tasks of the contract. Because the answer to this
- question is "yes," the agency must continue with the following
- question to determine FIRMR applicability.
-
- c. "Do the requirements of the solicitation or contract have the
- effect of substantially restricting the contractor's discretion in
- the acquisition and management of the FIP resources?" In this
- example, the answer is "no" because the agency has stated a general
- requirement for the software and the use of a computer but has
- provided no specifications that would restrict the contractor where
- acquisition or management of the FIP resources is concerned. Thus,
- the FIP resources would be considered to be incidental to the
- performance of the contract and the FIRMR would not apply.
-
- Example Three: A Federal agency initiates a contracting action in
- which the solicitation requires a contractor to identify and enroll
- more than a million American citizens in a benefit program. The
- solicitation also requires the contractor to provide a means of
- maintaining up-to-date and immediate entitlement verification for
- use when a citizen is obtaining the benefits. The solicitation
- does not require the use of FIP resources to accomplish the tasks.
- However, the magnitude of the tasks to be performed and the effort
- required to provide the services are so great that it is reasonable
- to expect that FIP resources must be used in order to perform the
- contract in an economic and efficient manner.
-
- Discussion: In this example, the agency should apply the
- following tests/questions to determine FIRMR applicability to the
- solicitation or contract:
-
- a. "Does the solicitation or contract require the delivery of FIP
- resources for use by a Federal agency or by any non-Federal agency
- users designated by the agency?" The answer is "no" and additional
- tests will be required before FIRMR applicability can be
- ascertained.
-
- b. "Does a principal task of the solicitation or contract depend
- directly on the use of FIP resources?" As stated in the example,
- the magnitude of the tasks to be performed and the effort required
- to provide the services are so great that it is reasonable to
- expect that FIP resources must be used to perform the principal
- tasks of the contract. Since the answer is "yes," additional tests
- will be required before FIRMR applicability is determined.
-
-
- 2
- FIRMR Bulletin A-1
- Attachment C
-
- c. "Do the requirements of the solicitation or contract have the
- effect of substantially restricting the contractor's discretion in
- the acquisition and management of the FIP resources?" In this
- example, the agency has not stated its requirements in a manner
- that would affect the contractor's discretion in the acquisition
- and management of the FIP resources. Therefore, the answer to this
- question is "no;" the FIP resources are incidental to the
- performance of the contract; and the FIRMR is not applicable.
-
-
- Example Four: A Federal agency initiates a contracting action in
- which the solicitation requires the contractor to construct a
- 20-story building. The solicitation does not explicitly require
- the use of FIP resources during the construction process or
- delivery of FIP resources for the use of the Federal agency as a
- part of the completed building. However, it is reasonable to
- assume that the contractor will use FIP resources during the
- construction process (e.g., tracking building materials) and that
- many of the building's features (e.g., elevators and environmental
- systems) will be controlled by embedded FIP equipment. With
- respect to the embedded FIP equipment, it is important to note that
- the exceptions to FIRMR applicability, as set forth at
- 201-1.002-2, were considered by the agency. Since the dollar value
- of the embedded FIP equipment is expected to be less than $500,000
- and also less than 20 percent of the value of the building, an
- exception to FIRMR applicability exists for the embedded FIP
- equipment.
-
- Discussion: In this example, the agency should apply the
- following tests/questions to determine FIRMR applicability to the
- solicitation or contract:
-
- a. "Does the solicitation or contract require the delivery of FIP
- resources for use by a Federal agency or by any non-Federal agency
- users designated by the agency?" The answer is "no" and additional
- tests will be required before FIRMR applicability can be
- ascertained.
-
- b. "Does a principal task of the solicitation or contract depend
- directly on the use of FIP resources?" While the contractor may
- use FIP resources during the performance of the contract, the use
- of such resources would only be peripheral to, and not considered
- necessary for the accomplishment of, the primary purpose of the
- contract, i.e, construction of a building. Therefore, it is
- reasonable to assume that none of the principal tasks of the
- contract will depend directly on the use of FIP resources and the
- answer to this question is "no." Thus, the FIRMR is not
- applicable.
-
- 3
- FIRMR Bulletin A-1
- Attachment C
-
-
- Example Five: A Federal agency initiates an acquisition for the
- research, design, development, manufacture, and support functions
- associated with a highly-sophisticated, new product. The
- solicitation requires delivery of the new product in an extremely
- short period of time. The solicitation requires that the
- successful contractor collocate his operations in a
- Government-owned laboratory that is maintained and operated by
- another contractor. The solicitation also states that the
- successful contractor is to acquire all additional resources
- required to meet his contractual obligations. The complexity and
- timeliness constraints of this contract and its relationship to the
- existing contract make it imperative that any resources acquired be
- compatible with existing resources maintained and operated by the
- other contractor. Among the existing resources in the laboratory
- are several large-scale computer systems. The total dollar value
- of the contract is estimated to be $30,000,000 and the value of the
- FIP resources that will be required is estimated to be $700,000.
-
- Discussion: In this example, the agency should apply the
- following tests/questions to determine FIRMR applicability to the
- solicitation or contract:
-
- a. "Does the solicitation or contract require the delivery of FIP
- resources for use by a Federal agency or by any non-Federal agency
- users designated by the agency?" The answer is "no" so additional
- tests will be required before FIRMR applicability can be
- ascertained.
-
- b. "Does a principal task of the solicitation or contract depend
- directly on the use of FIP resources?" In this example, it is
- reasonable to assume that the principal tasks of research, design,
- and manufacture of the new product would depend directly on the use
- of FIP resources. Accordingly, the answer is "yes" and additional
- tests for FIRMR applicability are required.
-
- c. "Do the requirements of the solicitation or contract have the
- effect of substantially restricting the contractor's discretion in
- the acquisition and management of the FIP resources?" In this
- situation, it is reasonable to assume that the constraints of
- timeliness and collocation would be so stringent as to
- significantly restrict the successful contractor from achieving
- competition in his acquisition of resources, including any
- additional FIP resources that may be required. Since the answer to
- this question is "yes," additional tests must be considered to
- determine if the FIRMR applies.
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- 4
- FIRMR Bulletin A-1
- Attachment C
-
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- d. "Does the solicitation or contract explicitly require the use
- by the contractor of FIP resources?" In this example, the Federal
- agency does not specifically require the use by the contractor of
- FIP resources. Because the answer to this question is "no,"
- additional tests for FIRMR applicability are required.
-
- e. "Could the service or product required by the solicitation or
- contract reasonably be performed or produced without the use of FIP
- resources?" The requirements described in this example are such
- that it would be unreasonable to expect that the contractor could
- meet those requirements without the use of FIP resources. Thus,
- the answer to this question is "no," and an additional test must be
- used to determine FIRMR applicability.
-
- f. "Would the dollar value of FIP resources expended by the
- contractor to perform the service or furnish the product be
- expected to exceed the lower of $500,000 or 20 percent of the
- estimated cost of the contract? In this example, the dollar value
- of the FIP resources is estimated to be more than $700,000, which
- exceeds the $500,000 threshold set forth for an exception to FIRMR
- applicability. Since the answer to this question is "yes," the
- FIRMR is applicable to the FIP resources portion of this
- solicitation and contract.
-
-
- Example Six: A Federal agency issues a solicitation that requires
- the delivery of FIP equipment, as well as several items of radio
- and television equipment, for use by the agency.
-
- Discussion: In this example, the agency must apply the test --
- "Does the solicitation or contract require the delivery of FIP
- resources for use by a Federal agency or by any non-Federal agency
- users designated by the agency?". The answer is "yes." However,
- it should be noted that, in this example, the solicitation also
- requires the delivery of radio and television equipment to the
- Federal agency. The agency would also need to review the FIRMR
- policy concerning exceptions to FIRMR applicability (
- 201-1.002-2) to make a determination that the FIRMR does not apply
- to radio or television equipment, except that GSA uses the FIRMR to
- implement Federal Telecommunications Standards for radio equipment.
- Accordingly, the FIRMR applies to the FIP resources portion of the
- solicitation or contract, as well as to the specifications for
- Federal Telecommunications Standards applicable to the radio and
- television equipment.
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- 5
- FIRMR Bulletin A-1
- Attachment C
-
-
- Example Seven: The Department of the Army initiates a contracting
- action for the acquisition of food services facilities for their
- basic training centers. The contract will provide for cooking and
- serving three meals per day to each of several thousand soldiers
- for a one-year period. The meals must offer a wide variety of
- low-cost foods that can be prepared in large quantities and provide
- a variety of colors and textures in each meal. In addition, each
- day's menu must provide for the minimum daily requirements of all
- vitamins and minerals, as established by the Department of
- Agriculture. The solicitation does not explicitly require the use
- of FIP resources; however, it is reasonable to expect that the
- contractor must use FIP resources (e.g., word processing,
- spread-sheet capability and other forms of automation) in meeting
- his requirements for recruiting, union and personnel
- communications, contract administration, payroll, the development
- of recipes and the construction of the daily menus.
-
- Discussion: In this example, the agency should apply the
- following tests/questions to determine FIRMR applicability to the
- solicitation or contract:
-
- a. "Does the solicitation or contract require the delivery of FIP
- resources for use by a Federal agency or by any non-Federal agency
- users designated by the agency?" The answer is "no," so additional
- tests for FIRMR applicability are required.
-
- b. "Does a principal task of the solicitation or contract depend
- directly on the use of FIP resources?" The main task of this
- contracting action is the acquisition of food services facilities
- for the Army's basic training centers. While the contractor will
- most likely use FIP resources to support fulfillment of his
- contractual obligations, it is reasonable to expect that the main
- task can be accomplished without direct dependence on the use of
- FIP resources. However, production of the menus and the recipes is
- also a principal task in meeting requirements of this contract.
- Thus, the answer to this question is "yes" and additional tests for
- FIRMR applicability are required.
-
- c. "Do the requirements of the solicitation or contract have the
- effect of substantially restricting the contractor's discretion in
- the acquisition and management of the FIP resources?" In this
- example, the agency has placed no restrictive requirements in the
- solicitation or contract that would affect the contractor's
- acquisition and management of the FIP resources. Since the answer
- to this question is "no," the FIRMR does not apply.
-
-
- 6
- FIRMR Bulletin A-1
- Attachment C
-
-
- Example Eight: A Federal agency issues a solicitation to provide
- the agency's supply stock delivery function. The services to be
- provided by the contractor include FIP services to execute a
- software system developed and certified by the Government to
- support the accounting function of the agency's supply area. The
- system can only be executed using a specific make and model of FIP
- equipment and also requires a number of specific proprietary
- software packages. It should be noted that in this case, the
- agency considered guidance provided at FIRMR 201-20.305(b)(3)
- and elected (1) to provide Government-furnished software; and (2)
- not to sever the remaining FIP resources required under this
- solicitation.
-
- Discussion: In this example, the agency should apply the
- following tests/questions to determine FIRMR applicability to the
- solicitation or contract:
-
- a. "Does the solicitation or contract require the delivery of FIP
- resources for use by a Federal agency or by any non-Federal agency
- users designated by the agency?" The answer is "no," so additional
- tests for FIRMR applicability are required.
-
- b. "Does a principal task of the solicitation or contract depend
- directly on the use of FIP resources?" One of the principal
- services to be provided by the contractor is the execution of
- Government-furnished FIP software on a contractor-furnished FIP
- system. Because the answer to this question is "yes," additional
- tests are required to determine FIRMR applicability in this
- example.
-
- c. "Do the requirements of the solicitation or contract have the
- effect of substantially restricting the contractor's discretion in
- the acquisition and management of the FIP resources?" In this
- example, the contractor must use a specific make and model of FIP
- equipment and specific proprietary software packages in order to
- execute the Government-developed FIP software system. Thus, the
- contractor's discretion in the acquisition of the FIP resources in
- substantially restricted and a "yes" answer is the result of this
- question. However, an additional test is required to determine
- FIRMR applicability.
-
- d. "Does the solicitation or contract explicitly require the use
- by the contractor of FIP resources?" In this example, the Federal
- agency is specifically requiring the use by the contractor of FIP
- services. Because the answer to this question is "yes," the FIRMR
- is applicable to the FIP resources portion of the solicitation and
- contract.
-
- 7
- FIRMR Bulletin A-1
- Attachment D
-
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- DIAGRAM ILLUSTRATING FIRMR APPLICABILITY
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