AFARS -- Part 39
Acquisition of Information Resources
June 1, 1996
39.001-70 -- Warner Amendment exemptions for Federal information processing (FIP) resources.
(c) The following procedures shall be used for procurements processed as Warner Amendment exemptions.
(i) The cognizant Information Management Officer (IMO) or the official approving the purchase request shall certify in writing the applicability of 10 U.S.C. 2315 and one or more of the specific exemptions. The certification shall be supported by a written determination describing the rationale for the certification. The IMO or other approving official should consult with the contracting office and legal counsel as appropriate. The 10 U.S.C. 2315 certification shall be endorsed by the cognizant Director of Information Management (DOIM) or Deputy Chief of Staff for Information Management (DCSIM).
(ii) Contracting officers shall require the certification and evidence of DOIM/DCSIM written endorsement with the request for procurement action. If a system is being enhanced or modified for a use specified under 10 U.S.C. 2315, or if the system equipment, software, or services are only used in part for 10 U.S.C. 2315 purposes, these facts and the estimated percentage of section 2315 use shall be stated in the certification document.
(iii) The Warner Amendment determination shall be made prior to any announcement in the Commerce Business Daily, or release of a solicitation if there is no announcement. The determination is an accountable document, and it and any supporting documentation are releasable to the public and subject to review by the GSBCA.
(iv) Acquisition plans should cite the intended use of Warner Amendment exemption authority.
(v) Actions within the dollar threshold of GSA blanket delegations of procurement authority, but which are clearly covered by the Warner Amendment, shall be processed as Warner Amendment actions.
(vi) Any doubtful application of 10 U.S.C. 2315, or local nonconcurrence with a proposed action, may be submitted to the U.S. Army Information Systems Selection and Acquisition Agency, Office of the Director, Information Systems for Command, Control, Communications and Computers (ODISC4), Attn: ISAA-AR, 2461 Eisenhower Avenue, Alexandria, VA 22331-0700, or SARD-ZP for resolution.
39.002 -- Delegations of Procurement Authority.
(a)
(1) Use the following procedures to obtain a specific DPA:
(A) The Army Senior Information Resource Management (IRM) official has designated the Director, USAISSAA, as the single Army designee authorized to submit APRs to GSA for all Army acquisitions requiring a specific DPA. USAISSAA will provide all liaison with GSA for Army requirements.
(1) When GSA acquires FIP resources for the Army, this joint endeavor shall be initiated and coordinated through the USAISSAA.
(2) Army activities using contracts awarded by other DoD components need not submit APRs when the DPA already authorizes Army use. The contracting officer shall request that the DoD component contracting office provide a copy of the DPA for the ordering office's file.
(3) If the other component's DPA does not authorize Army use, the Army activity shall prepare an APR and route it through the DoD component contracting office chief to USAISSAA.
(B) The Federal Information Resources Management Regulation (FIRMR) Bulletin C5 provides instructions for preparing an APR. (Also, see DA PAM 25-6-1, Appendix D.) Upon receipt of the requiring activity's procurement request, the contracting office shall prepare and submit an APR to the addressee in 39.001-70(c)(vi). (Questions may be directed to USAISSAA Authorizations and Review Office at DSN 221-5800 or commercial (703) 325-5800.)
(C) The APR shall contain a copy of the HQDA/MACOM System Decision Paper and System Decision Memorandum (SDP/SDM) that contained the appropriate Life Cycle Management Milestone approval. (See AR 25-3, Chapter 2, or AR 70-1 Chapter 3.) It shall also contain a copy of the acquisition approval document(s) and applicable regulatory compliance documentation. (Regulatory compliance documentation requirements are in FIRMR Bulletin C5, paragraph 7.) When HQDA must approve the acquisition or when timeliness dictates, the APR may be submitted to USAISSAA concurrently with the submission of the request for acquisition approval to the approving authority. Provide a copy of all HQDA/MACOM approvals to USAISSAA. USAISSAA shall also submit APRs for joint DoD procurements assigned to the Department of the Army.
(D) DPAs for the Army are issued by the GSA to the Director, USAISSAA. The Army has been granted a specific agency DPA for information technology resources to $100 million. The Director, USAISSAA, shall decide whether to issue a redelegation or to retain the authority for execution on behalf of the requiring activity. The Army's Designated Senior Official (DSO) has delegated to Army contracting officers the authority to contract for FIP equipment, software, services, and support services when the combined dollar value of all of the resources, including all optional quantities and periods over the life of the contract, does not exceed $30 million for competitive acquisitions and $3 million for specific make and model specification or for requirements available from only one source and if either of the following applies:
(1) The acquisition does not include telecommunications requirements within the scope of FTS2000 services or GSA's Consolidated Local Telecommunications Services Program; or requirements for telecommunications facilities or services at a location where the contract would result in more than one agency acquiring a telecommunications switching function at that location.
(2) The agency has an exception to the use of FTS2000 services or GSA's Consolidated Local Telecommunications Services Program.
(3) The acquisition includes telecommunications requirements within the scope of FTS2000 services or GSA's Consolidated Local Telecommunications Services Program, and the telecommunications facilities or services are acquired through the use of FTS2000 or GSA's Consolidated Local Telecommunications Services Program.
Reference specific agency delegation No. KAA-95-AD089 when using this delegated authority. HCAs shall establish procedures to ensure compliance with DPAs. Preaward and postaward information shall be reported to USAISSAA.
(E) Questions relating to contracting matters other than the APR should be directed to USAISSAA-PP at DSN 221-5779 or commercial (703) 325-5779.
Subpart 39.71 -- Security and Privacy for Computer Systems
39.7102 -- Security Against Compromising Emanations.
(b) If the proposed equipment, including typewriters, is to be used for creating, processing, storing, transmitting, etc., classified information, compliance with AR 380-19-1 must be documented in the purchase request.
Subpart 39.90 -- Requirements Approval
This subpart contains Army requirements for documentation to be provided to the contracting office prior to solicitation for information resources.
39.9001 -- Approvals and Certifications.
(a) Requests for contracting action for information mission area (IMA) assets as defined in AR 25-1 shall document approval of the request by the installation DOIM or DCSIM. DOIMs and DCSIMs (except Army National Guard DOIMs) are required to provide a written certification from the U.S. Army Information Systems Command (USAISC) or delegee that IMA assets to be acquired comply with Army architectures and standards.
(b) Requests for contracting actions shall also include all life-cycle management documentation and approvals required by DA PAM 25-2 for those contracting actions described by AR 25-3, Chapter 2, or equivalent planning approvals specified by TRADOC regulations for acquisitions conducted under AR 70-1.
(c) Tenant organizations serviced by the installation contracting office or organizations serviced by a central contracting office are required to obtain the approvals and certifications in (a) and (b) from the DOIMs and DCSIMs that service the host organization.
(d) Approvals for acquisitions requested by other agencies or joint service acquisitions shall be accompanied by a statement citing the scope of authority of the approving official. Coordinate these requirements with the Army DOIM/DCSIM servicing the contracting office.
(e) See 39.001-70(c) for requirements associated with Warner Amendment exemptions.
(f) Contracting officers shall not issue solicitations for IMA requirements until all required documentation and approvals are received. However, a draft solicitation may be released.