Federal Information Resources Management Regulations (FIRMR) Excerpts

Selected excerpts from the new FIRMR, 41 CFR Chapter 201, related to access to information technology by people with disabilities.

This regulation uses the umbrella term, Federal Information Processing (FIP) resources, to identify automatic data processing and telecommunications resources that are subject to GSA's exclusive procurement authority.

All text that is both bold and enclosed in square brackets represents emphasis that is our own. All text that is in bold without also being enclosed in square brackets reflects the printing emphasis in the original document.

For readers unfamiliar with the FIRMR, a brief excerpt concerning FIRMR applicability and scope has been included on the last page of this section.

The General Services Administration is now offering a subscription to the FIRMR and the Federal Acquisition Regulation (FAR) on CDROM. Each quarterly edition will also include other information resources management related publications. The CD-ROM disc and printed copies of the FIRMR and FAR are available from:

Superintendent of Documents
U.S. Government Printing Office
Washington, D.C. 20401
202-783-3238

For general information (not ordering information) about the FIRMR CDROM contact:

Stewart Randall and Don Chiarella
IRMS Regulations Branch
General Services Administration
18th & F Streets, NW
Room 3224
Washington, D.C. 20405
202-501-3194

SUBCHAPTER C MANAGEMENT AND USE OF FEDERAL INFORMATION PROCESSING (FIP) RESOURCES

201-17.001 Predominant Considerations

The policies prescribed in subchapter C are designed to promote success in the acquisition, management, and use of Federal Information Processing (FIP) resources by emphasizing the importance for agencies to

(a) Develop and annually revise, in coordination with budget activities, a 5 year plan to meet the agency's information technology needs;

(b) Base requirements for FIP resources on agency mission, programs, and related information needs;

(c) Consider the potential for deploying projected technological advances of FIP resources to enhance future performance of programs and operations in support of the agency mission;

(d) Acquire FIP resources that result in the most advantageous alternative to the Government after consideration of

(1) Sharing and reuse of existing FIP resources,
(2) Use of General Services Administration (GSA) services, and
(3) Acquisition of agency resources by contracting;

(e) Establish responsibility through a designated senior official (DSO) when contracting for FIP resources under a delegation of GSA's exclusive procurement authority;

(f) Assign an individual (such as a Trail Boss) responsible for coordinating programmatic, technical, and contracting functions when acquiring FIP resources;

(g) Achieve full and open competition to the maximum extent practicable;

(h) Acquire resources that comply with Federal standards;

(i) Provide for security of resources, protection of information about individuals, continuity of operations, and national security and emergency preparedness;

(j) Provide individuals with disabilities (employees and others who use the agency's electronic office equipment) equivalent access to electronic office equipment;

(k) Provide telecommunications access to hearing and speech impaired individuals;

(l) Review and evaluate existing resources and related management and acquisition activities on an ongoing basis; and

(m) Replace outdated resources that are no longer the most advantageous alternative for satisfying the agency's requirements.

PART 201-18 PLANNING AND BUDGETING

201-18.001 General.

(a) 44 U.S.C. 3506©(8) (the Paperwork Reduction Reauthorization Act of 1986) requires executive agencies to develop and annually revise a 5 year plan for meeting the agency's information technology needs.

(b) Office of Management and Budget (OMB) Circular No. A130 requires executive agencies to establish multiyear strategic planning processes for acquiring and operating information technology that meet program and mission needs, reflect budget constraints, and form the basis for their budget requests.

(c) OMB Circular No. A11 requires executive agencies to prepare and submit annual agencywide "Major Information Technology Acquisition Plans."

(d) The Computer Security Act of 1987 (Pub. L. 100235, 40 U.S.C. 759 Note) requires agencies to identify each FIP system that contains sensitive information and prepare a plan for the security and privacy of each such system.

(e) Section 508 of the Rehabilitation Act Amendments of 1986 (Public Law 99506) requires the Federal Government to adopt guidelines for electronic equipment accessibility designed to ensure that individuals with disabilities may use electronic office equipment. This Act requires that agencies comply with such guidelines. FIRMR Bulletin C8 provides guidance on planning for the FIP resources accommodation needs of individuals with disabilities.

(f) The General Services Administration (GSA) helps agencies with their IRM planning by issuing handbooks, bulletins, and other guidance documents. IRM planning services are available, on a cost reimbursable basis, through GSA's Office of Technical Assistance.

(g) GSA reviews agency IRM plans and the planning process as part of the Information Resources Procurement and Management Review Program described in part 20122. Agencies' IRM planning is a factor in delegating procurement authority for FIP resources.

201-18.002 Policies.

(a) Agencies shall develop a 5 year plan for meeting the agency's information technology needs. This plan shall

(1) Reflect current and future program and mission needs;
(2) Consider the potential for deploying projected technological advances of FIP resources to enhance future performance of programs and operations in support of the agency mission;
(3) Consider FIP resources needed to meet the national security and emergency preparedness needs of the agency;
(4) Reflect budget constraints;
(5) Form the basis for the agency's budget requests to OMB;
(6) Serve as the foundation for requirements analyses; and
(7) Be updated as needed, but at least annually.

(b) Agencies shall ensure that the IRM planning process includes the participation of each of the agency's program areas, as well as those organizations responsible for IRM (including records management), contracting, and budget preparation.

(c) Agencies shall adopt electronic equipment accessibility guidelines similar to those described in FIRMR Bulletin C8 and C10 in their planning process.

(d) Agencies shall ensure that acquisition of FIP resources is in accordance with the updated 5 year plan.

PART 201-20 - ACQUISITION

201-20.103-7 Accessibility requirements for individuals with disabilities.

(a) Agencies shall provide equivalent access to electronic office equipment for individuals with disabilities (employees and others who use the agency's electronic office equipment) to the extent both present and future needs for such access are determined by the agency.

(b) Agencies shall provide telecommunications access to hearing and speech-impaired individuals to the extent both present and future needs for such access are identified in the requirements analysis. Telecommunications access for hearing and speech impaired individuals shall include education and training on the services and features of the GSA relay service.

(1) Agencies shall publish access numbers for TDD and TDD-related devices in telephone directories and provide such agency numbers to GSA for inclusion in the Federal TDD Directory.
(2) Agencies shall display in their buildings or offices the standard logo specified by GSA for indicating the presence of TDD or TDD-related equipment.

(c) Agencies shall consider the guidance contained in FIRMR Bulletins C-8 and C-10 on the subject of accessibility requirements for individuals with disabilities.]

Due to the importance of the timely provision of equipment for persons with disabilities, the FIRMR contains an exception to the policy on deviations from the FIRMR as follows:

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, Policy and Regulations Division (KMP), 18th & F Streets, NW., Washington, DC 20405.]

201-3.403 Procedures.

(a) The agency head or designee shall prescribe an agency procedure for the control of requests for deviations from the FIRMR. The procedure should include coordination with the agency DSO as appropriate. Agencies shall provide a copy of this procedure upon request to the address in 201-3.402(b).
(b) Each request shall explain the nature of and the reasons for the deviation.
(c) Agencies shall forward requests for deviations to the address in 201-3.402(b).

For readers unfamiliar with the FIRMR, the following excerpt concerning FIRMR applicability follows:

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.

201-1.002-1 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 to-

(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.

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