DATE: May 7, 2003

SUBJECT: General Services Administration Acquisition Regulation (GSAR) Amendment 2003-01; Acquisition of Information Technology by State and Local Governments Through Federal Supply Schedules

SOURCE: Federal Register, May 7, 2003, Vol. 68, No. 88, page 24372

AGENCIES: Office of Governmentwide Policy, General Services Administration (GSA)

ACTION: Interim Rule

SYNOPSIS: GSA is adding GSAR Subpart 538.70, Cooperative Purchasing, and making other related changes to the GSAR to implement Section 211 of the E-Government Act of 2002 (Public Law 107-347), which authorizes GSA to permit state and local governments to use its Federal Supply Schedules for "automated data processing equipment (including firmware), software, supplies, support equipment, and services (as contained in Federal Supply Classification Code Group 70)."

EDITOR'S NOTE: The GSAR is the shaded part of the GSA Acquisition Manual, which is available on the Internet at http://www.acqnet.gov/GSAM/gsam.html.

DATES: The effective date for this interim rule is May 7, 2003. Comments on the interim rule are to be submitted by July 7, 2003.

ADDRESSES: Send comments on the interim rule to General Services Administration, Regulatory Secretariat (MVA), 1800 F Street, NW, Room 4035, Attn: Laurie Duarte, Washington, DC 20405, or by e-mail to: gsarcase.2002-505@gsa.gov. Cite "GSAR case 2002-G505" in all correspondence related to this interim rule.

FOR FURTHER INFORMATION CONTACT: Linda Nelson at 202-501-1900.

SUPPLEMENTAL INFORMATION: Section 211 of the E-Government Act of 2002 amends the Federal Property and Administrative Services Act to allow the GSA Administrator to authorize "cooperative purchasing" to permit state, local, regional, or tribal governments to acquire automated data processing equipment (including firmware), software, supplies, support equipment, and services from Federal Supply Schedule Group 70, General Purpose Commercial Information Technology Equipment, Software, and Services.

On January 23, 2003, GSA published a proposed rule to establish a new GSAR Subpart 538.70 and associated clauses to address cooperative purchasing from supply schedules by eligible non-federal organizations (for more on the proposed rule, see the January 23, 2003, FEDERAL CONTRACTS DISPATCH "General Services Administration Acquisition Regulation (GSAR); Acquisition of Information Technology by State and Local Governments Through Federal Supply Schedules").

GSA received 24 comments on the proposed rule, and GSA concluded that the proposed rule should be converted to an interim rule with substantive changes. The interim rule modifies the proposed rule to:

The introduction to the interim rule lists the IT products and services from Schedule 70 and the Corporate Schedule contracts that state and local governments are authorized to procure. GSAR 538.7002, General, states that the listing of Special Item Numbers (SINs) is also available in GSA's Schedules e-Library at http://fss.gsa.gov/elibrary -- a "COMM PURCH" logo will identify all the participating contractors and SINs available for purchase by eligible non-federal ordering activities.

The following is the list of SINs:

SIN 132-3, Leasing of Product (FPDS [Federal Procurement Data System] Code W070)
SIN 132-4, Daily/Short Term Rental (FPDS Code W070)
SIN 132-8, Purchase of Equipment
     FSC [Federal Supply Classification] 7010, System Configuration
     FSC 7025, Input/Output and Storage Devices
     FSC 7035, ADP Support Equipment
     FSC 7042, Mini and Micro Computer Control Devices
     FSC 7050, ADP Components
     FSC 5995, Cable, Cord, and Wire Assemblies: Communications Equipment
     FSC 6015, Fiber Optic Cables
     FSC 6020, Fiber Optic Cable Assemblies and Harnesses
     FSC 6145, Wire and Cable, Electrical
     FSC 5805, Telephone and Telegraph Equipment
     FSC 5810, Communications Security Equipment and Components
     FSC 5815, Teletype and Facsimile Equipment
     FSC 5820, Radio and Television Communication Equipment, Except Airborne
     FSC 5821, Radio and Television Communication Equipment, Airborne
     FSC 5825, Radio Navigation Equipment, Except Airborne
     FSC 5826, Radio Navigation Equipment, Airborne
     FSC 5830, Intercommunication and Public Address Systems, Except Airborne
     FSC 5841, Radar Equipment, Airborne
     FSC 5895, Miscellaneous Communication Equipment
SIN 132-12, Maintenance of Equipment, Repair Service, and Repair Parts/Spare Parts (FPDS Code for Maintenance and Repair Service -- J070; FSC Class for Repair Parts/Spare Parts -- See FSC Class for basic equipment)
SIN 132-32, Term Software Licenses
SIN 132-33, Perpetual Software Licenses
SIN 132-34, Maintenance of Software
SIN 132-50, Training Courses for Information Technology Equipment and Software (FPDS Code U012)
SIN 132-51, Information Technology Professional Services
SIN 132-52, Electronic Commerce Services FPDS Code D304 -- ADP and Telecommunications Transmission Services
SIN 132-53, Wireless Services (FPDS Code D304)

The following are the key provisions of the interim rule:

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2003 by Panoptic Enterprises. All Rights Reserved.

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