against an applicable ADP Schedule contract under the terms of the contract, provided such action meets the requirements for competition set forth in § 14.1107-2; or

(b) The total procurement for the specific software package does not exceed $7,500 annual lease cost, excluding maintenance, or $10,000 purchase cost;

or

(c) The software is provided by the original equipment manufacturer and is not separately priced from the ADPE. § 1-4.1103-3 Maintenance services.

When approved by GSA, the ADP Fund may be used by agencies to obtain maintenance services for ADPE leased from GSA through the ADP Fund. In addition, agencies may procure maintenance services without prior approval of GSA when:

(a) Such services are available from an ADP Schedule contract under the terms and conditions of that contract, provided the procurement meets the requirement for competition set forth in 1-4.1107-2; or

(b) The procurement does not exceed $50,000 annually. $1-4.1103-4 fund.

Automatic data processing

number of an individual within the agency who shall act as the point of contact with GSA. The APR shall include:

(a) Copies of the proposed solicitation document, if available. If the solicitation document is not available, the specifications of the ADPE configuration that is to be acquired shall be included (see 1-4.1102-6). The description should reflect the estimated number of central processing units, storage devices and controllers, terminals, other peripheral devices and communications devices.

(b) Estimated dollar value of the procurement.

(c) Estimated system or item life (see § 1-4.1102-11).

(d) Location (city and state) of the data processing facilities involved.

(e) Fiscal quarter during which the solicitation is expected to be released to industry for procurement action.

(f) Unique software, maintenance, and support requirements, if any.

(g) A statement or other evidence which indicates that a performance evaluation has been made of currently installed ADP system (s), when applicable, to ensure that the proposed procurement represents the lowest overall cost alternative for meeting the agency's data processing need;

(h) Evidence that site construction/ modification is, or is not, required (see FPMR 101-17.101-5). One of the following statements shall be used for this purpose:

(1) The acquisition of this equipment will not require site construction or modification by GSA, or

(2) The acquisition of this equipment will require site (construction) (modification) by GSA which must be completed by (date); and

(i) The APR shall contain a statement that the need to acquire ADPE or ADP systems has been documented as required by Federal Management Circular 74-5.

(j) The APR shall include a statement that in accordance with the requirements of Subpart 101-32.2 and Subpart 101-32.3 of the Federal Property Management Regulations, available ADP resources have been screened and no ADP resources are available to satisfy the user's requirements.

(k) A justification, if applicable, to support either a contemplated noncompetitive (sole source) procurement or

use of a specific make and model purchase description. Specifically, this justification must address:

(1) The intended use or application of the equipment;

(2) The critical installation schedule(s) or unique features and/or mandatory requirements, dictated by the intended use, that limit the acquisition to a single source of supply or a specific make and model. (The overriding necessity of these competition-limiting requirements shall be clearly identified.);

(3) The fact that no other know or probable source of supply exists for the required equipment, if a sole source procurement is contemplated. (The justification also shall elaborate on the steps taken which led to this conclusion.);

(4) The existence of patent, copyright, or other limitations; and

(5) The practical factors which preIclude the development of specifications and/or the requirement for competition (see 1-4.1102-16).

(1) When telecommunications are involved, see § 1-4.1100-1(c).

§ 1-4.1105 GSA action on procurement requests.

(a) After review of an APR and the documentation submitted pursuant to § 1-4.1104, and subject to the right of the agency to determine its individual software, maintenance, and ADPE requirements, including the development of specifications for and the selection of the types and configurations of equipment needed, the Commissioner, Automated Data and Telecommunications Service, will:

(1) Delegate to the agency the authority to conduct the procurement; or

(2) Delegate to the agency the authority to conduct the procurement and provide for participation in the procurement with the agency to the extent deemed necessary under the circumstances; or

(3) Provide for the procurement by GSA, or otherwise obtain the requirement on behalf of the agency.

(b) Action shall be taken by GSA within 20 workdays after receipt of full information from an agency involving a request for procurement as provided in § 1-4.1104. Upon expiration of this 20 workday period, plus 5 calendar days for mail lag, the agency concerned may proceed with the procurement as if a delegation of authority had, in fact, been granted. In order to establish a common

(a) Submit the documentation required by § 1-4.1104 to GSA. Such documentation shall include the agency's requirements, systems or items life, the technical specification, and justification to support negotiated procurement;

(b) Prepare the technical portion of the solicitation document and define any unique requirements;

(c) Provide necessary technical personnel (and contracting personnel if the agency desires) as members of the contract negotiating team;

(d) Prepare the selection plan and submit it to the GSA contracting officer prior to issuance of the solicitation document;

(e) Evaluate proposals from a technical point of view and arrange for offerors' oral presentations, when appropriate;

(f) Provide copies of correspondence to the GSA contracting officer when the agency is authorized to communicate directly with offerors under the provisions of 1-4.1105-2;

(g) Determine the technical capability of the items offered to meet the requiring agency's requirements, technical specifications, and systems or items life. This responsibility shall include determining those proposals that are technically acceptable and those proposals

that are not technically acceptable. The results of these determinations shall be transmitted to the GSA contracting officer to enable the contracting officer to take appropriate action with the offerors;

(h) Select the lowest overall cost item(s) and transmit this information. with the necessary supporting documentation to the GSA contracting officer. In the event that a conclusive judgment cannot be made on the basis of lowest overall cost, a findings and determination to this effect shall be prepared before any other factor is used as a basis for selection;

(i) Provide the following administrative information to the GSA contracting officer with the data required in § 14.1105-1(h):

(1) Finance data (e.g., paying office, and fund citation);

(2) Contract distribution list and addresses; and

(3) Identity of assigned contracting officer within the requiring agency;

(j) Assist the GSA contracting officer in debriefing offerors, when debriefings are requested by offerors;

(k) Place the delivery order;

(1) Accomplish any other task not included above which will further the joint procurement objective or expedite completion of the procurement action at the agency's discretion and with GSA concurrence; and

(m) Administer the contract in accordance with the terms and conditions thereof.

§ 1-4.1105-2 GSA responsibilities when GSA procures ADPE or related items for another agency.

When conducting the procurement of ADPE or related items for another agency in conjunction with the requiring agency's responsibilities in § 1-4.1105-1 above, GSA shall:

(a) Appoint the GSA contracting officer;

(b) Form the negotiating team which will be headed by the GSA contracting officer;

(c) Prepare and issue the solicitation document and all amendments thereto after concurrence of the requiring agency (The technical material shall be supplied in final form by the requiring agency.);

(d) Prepare the procurement plan (which will be coordinated with the re

quiring agency), the findings and determination, and any contractual material needed for the selection plan;

(e) Act as the point of contact between offerors and the Government. In this respect, the GSA contracting officer will provide the requiring agency with a copy of all correspondence between the offerors and the Government. Correspondence going to offerors will be coordinated with the requiring agency. When appropriate, the GSA contracting officer may authorize direct communication between the offerors and the requiring agency on purely technical matters. In such instances, the requiring agency shall provide copies of the correspondence to the GSA contracting officer;

(f) Receive proposals from the offerors;

(g) Provide copies of all proposals received from the offerors to the requiring agency;

(h) Review all offers from a contractual point of view;

(i) Provide personnel to be present at demonstrations, when held, to determine the technical capability of the items offered;

(j) Notify the offeror(s) concerned when a proposal is determined to be unacceptable;

(k) Conduct negotiations with all offerors whose proposals are acceptable and are within or are capable of being brought within the competitive range, price and other factors considered;

(1) Notify the offerors of the date and time that negotiations are to be terminated;

(m) Provide the requiring agency both with a report which summarizes the results of negotiations and with copies of the proposed contract negotiated with each vendor for consideration in the agency evaluation and analysis;

(n) Brief the appropriate requiring agency personnel on the results of contract negotiations when requested;

(0) Award the contract after receiving notification of the requiring agency's selection;

(p) Debrief offerors, with the assistance of requiring agency representatives when debriefings are requested by offerors; and

(q) Distribute the contract and forward all pertinent documents to the successor contracting officer appointed by the requiring agency.

Procurement shall occur in conformance with the policies, guidance, and provisions set forth in:

(a) The Federal Property Management Regulations (FPMR) (41 CFR 101);

(b) Applicable directives issued by OMB and GSA;

(c) Federal Information Processing Standards Publications (FIPS PUBS) issued by the National Bureau of Standards (see § 1-4.1108-5); and

(d) Applicable procurement regulations, except as otherwise provided by this Subpart 1-4.11 of the Federal Procurement Regulations (FPR).

the Armed Services Procurement Regulation (ASPR).

(b) The GSA centralized Bidders Mailing List (BML) for Federal Supply Classification (FSC) Group 70 shall be used for all competitive ADPE and software procurements over $50,000. Each addressee on the BML must be informed that he must request, in writing, copies of the solicitation if he desires to compete. Agencies shall obtain the GSA BML by a written request to the General Services Administration (8BL), Building 41, Denver Federal Center, Denver, Colorado 80225. The request shall include the applicable class and BML code number(s).

Storage Devices.

Operating System.

Application Programs.

7030-0003 Data Base Management

grams.

Other Software.

7030-0004 7035-0001 ADP Accessorial Equipment. 7040-0001 Punched Card Equipment. 7045-0002 ADP Support Equipment. 7050-0001 ADP Components.

Pro

The GSA BML may be used for subsequent procurements for items in the class(es) and BML code(s), provided the solicitation is released to industry within 90 days following receipt of the BML in question.

(c) Section 1-4.1107-3(b) shall be cited as the authority for the request. For further information concerning the above classes, agencies should contact General Services Administration (CDP), Washington, D.C. 20405.

(d) To procure ADP maintenance services, agencies shall use the BML for Standard Industrial Group 0739, BML Code 4. Procedures for obtaining and using this BML are the same as those outlined in (b) of this § 1-4.1107-3. Section 1-4.1107-3(d) shall be cited as the authority for requesting this BML.

This section sets forth restrictions on the use of computer system simulation for ADPE procurement.

(a) A simulation input definition format shall not be used as the only means of describing data processing requirements in solicitation documents. Any such format shall be accompanied by a narrative description of the ADP objectives and workload and any available application logic diagrams.

(b) Solicitation documents shall not be structured in such a way as to require offerors/bidders to use a specific computer system simulator in order to offer/ bid, but where offerors/bidders submit computer simulation as part of the bid, they shall be required to describe clearly the simulation used and the make and model of the computer on which the simulation was run.

(c) Offers shall not be considered to be nonresponsive or unacceptable solely on the basis of simulation results.

(d) Information concerning procedures for ADP simulation and computer performance evaluation services is in Subpart 101-32.14 of the FPMR.

§ 1-4.1107-6 Use of schedule contracts.

(a) Mandatory FSS Schedule Contracts. A limited number of ADPE items are available under mandatory FSS Schedule contracts. These items shall be procured in accordance with the applicable policies and procedures for the FSS Schedule contract in question.

(b) Nonmandatory ADP Schedule Contracts. (1) The existence of a nonmandatory ADP Schedule contract shall not preclude or waive the requirement for full and complete competition in obtaining ADPE, software, or maintenance services. In addition, the availability of these items under an existing nonmandatory ADP Schedule shall not preclude or otherwise detract from procuring components, including peripheral equipment of a system or augmenting an existing system from a number of different sources if this action will be in the best interests of the Government. Suit

able equipment must be considered whether or not such equipment is on an ADP Schedule contract.

(2) Use of nonmandatory ADP Schedule contracts for the initial acquisition of ADPE is subject to the following:

(i) A purchase/delivery order may be placed against the ADP Schedule contract under terms of the contract provided that:

(A) the ordering agency has the necessary procurement authority (see 1-4. 1103 and 1-4.1105),

(B) the order is within the maximum order limitation of the applicable ADP Schedule contract, and

(C) the procurement file is documented with the results of the synopsis action required in paragraph (b) (5) of this § 1-4.1107-6 and evidence that indicates use of the ADP Schedule contract including the method of acquisition (e.g., lease, purchase) is the lowest overall cost alternative available to the ordering agency, price and other factors considered.

(ii) Requirements shall be synopsized in accordance with paragraph (b)(5) of the § 1-4.1107-6.

(3) Use of nonmandatory ADP Schedule contracts for the continued lease or rental of an installed central processing unit (CPU) is subject to the following: (i) Requirements shall be synopsized in accordance with paragraph (b) (5) of this § 1-4.1107-6, and

(ii) A specific delegation of procurement authority pursuant to § 1-4.1105 is obtained before issuing an order to renew the lease of any CPU where the schedule purchase price exceeds $50,000 when such CPU is available from a source other than the schedule contract.

(4) Use of nonmandatory ADP Schedule contracts for the conversion from lease to purchase of installed ADPE is subject to the following:

(i) Requirements shall be synopsized in accordance with paragraph (b) (5) of this § 1-4.1107-6.

(ii) A specific delegation of procurement authority pursuant to § 1-4.1105 is obtained before issuing an order to purchase such ADPE when identical, i.e., specific make and model, or similar, i.e., plug-to-plug compatible equipment, is available from a source other than the schedule contract.

(5) ADPE requirements referred to in paragraphs (b) (2), (b) (3) and (b) (4) of this 1-4.1107-6 shall be synopsized in the "Commerce Business Daily" (CBD)