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B-261944 1 (1995-07-07)

handle is hein.gao/gaobablkz0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 B-261944 July 7, 1995 The Honorable Jim Ross Lightfoot Chairman, Subcommittee on Treasury, Postal Service and General Government Comnittee on Appropriations House of Representatives Dear Mr. Chairman: By letter dated June 29, 1995, you advised that during the markup of the 1996 Treasury, Postal Service and General Government appropriations bill, the Subcommittee decided to delete the provision contained in prior appropriations acts requiring federal agency use of the FTS 2000 long distance telecommunications network. Because of concerns raised during Subcommittee consideration, you asked for our advice on the legal effect the deletion would have on the current FTS 2000 contracts. In our opinion, the Administrator of the General Services (GSA) has adequate independent authority to continue to require federal agency use of the FTS 2000 network. Accordingly, there would be no effect, as a legal matter, on GSA!s existing mandatory use policy resulting from not including in the 1996 appropriations act the provision currently found in section 622 of the 1995 Treasury, Postal Service and General Government Appropriations Act, Pub. L. No. 103-329, 108 Stat. 2382, 2421 (1994). The Brooks Automatic Data Processing Act, section 111 of the Federal Property and Administrative Services Act, 40 U.S.C. § 759, governs the acquisition of automatic data processing equipment (ADPE), including telecommunications resources. The Brooks ADP Act authorizes GSA to provide federal agencies with ADPE through purchase, lease, transfer from other federal agencies, or otherwise. 40 U.S.C. § 759(b)(1). GSA may delegate authority to one or more federal agencies to lease or purchase ADPE to the extent the Administrator determines such action to be necessary or desirable. 40 U.S.C. § 759(b)(2). GSA has issued a regulation requiring the use of FTS 2000 by federal agencies. 41 C.F.R. § 201-24.101 (1994). In addition, the FTS 2000 contract provides that [tihe FTS 2000 program will be mandatory for all federal agency activities subject 920711 Q6,.'qq4//5O 3

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