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control, display, switching, interchange, transmission, or reception of data or information by the executive agency.”  40 U.S.C. 1401(3)(A).  For purposes of that definition, “equipment is used by an executive agency if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency which (i) requires the use of such equipment, or (ii) requires the use, to a significant extent, of such equipment in the performance of a service or the furnishing of a product.”  ITMRA further states that the term information technology “includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources.”  40 U.S.C. 1401 (3)(B).  It is apparent that the statutory definition of information technology is quite broad and that it includes services, including support services.  It would appear that contractor support for training could fall within that definition if the training relates to information technology, such as training for the use of IT equipment or software.  It would also appear that contractor mission analysis work would fall with the statutory definition because it would require the use of IT.

Conclusion.  Supplies or services that are acquired in a fiscal year following the fiscal year in which funds for the supplies or services are appropriated must be within the scope of the supplies or services specified in the interagency agreement with GSA and must satisfy an exception to bona fide need rule.  To the extent that such funds are transferred to GSA that exceed those necessary for the supplies or services identified in the interagency agreement or are not covered by an exception to the bona fide need rule, such funds are subject to deobligation.  In order to determine whether specific items or services may be purchased through GSA pursuant to its authority under ITMRA, refer to the definition of information technology in the statute.  Procuring through GSA or another agency an item or service that is not covered by the definition of IT under ITMRA would require the use of the Economy Act (unless there is other statutory authority that permits the transfer of funds for the interagency procurement).  

This opinion has been coordinated with Mr. Daniel Hass, SAF/GCA.  If you have any questions or I can be of further assistance, please do not hesitate to contact me

Signed

Roger E. Willmeth Associate General Counsel (Acquisition)

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