[Federal Register Volume 72, Number 222 (Monday, November 19, 2007)]
[Proposed Rules]
[Pages 64980-64981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22460]
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DEPARTMENT OF STATE
48 CFR Parts 604, 637 and 652
[Public Notice: 5992]
RIN 1400-AC32
Department of State Acquisition Regulation
AGENCY: State Department.
ACTION: Proposed rule.
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SUMMARY: This proposed rule will add a contract clause to implement the
requirements of Homeland Security Presidential Directive 12 (HSPD-12),
Policy for a Common Identification Standard for Federal Employees and
Contractors; Federal Information Processing Standards Publication (FIPS
PUB) Number 201, Personal Identity Verification (PIV) of Federal
Employees and Contractors; and associated OMB guidance M-05-24 (August
5, 2005).
DATES: The Department will accept comments from the public up to
January 18, 2008.
ADDRESSES: You may submit comments, identified by any of the following
methods:
E-mail: [email protected] You must include the RIN in the
subject line of your message.
Mail (paper, disk, or CD-ROM submissions): Gladys Gines,
Procurement Analyst, Department of State, Office of the Procurement
Executive, 2201 C Street, NW., Suite 603, State Annex Number 6,
Washington, DC 20522-0602.
Fax: 703-875-6155.
Persons with access to the Internet may also view this notice and
provide comments by going to the regulations.gov Web site at http://www.regulations.gov/index.cfm.
FOR FURTHER INFORMATION CONTACT: Gladys Gines, Procurement Analyst,
Department of State, Office of the Procurement Executive, 2201 C
Street, NW., Suite 603, State Annex Number 6, Washington, DC 20522-
0602; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION: On January 3, 2006, the Federal Acquisition
Regulation (FAR) was revised to implement the contractor personal
identification requirements of Homeland Security Presidential Directive
12 (HSPD-12), and Federal Information Processing Standards Publication
(FIPS PUB) Number 201, Personal Identity Verification (PIV) of Federal
Employees and Contractors. (See 71 FR 208, January 3, 2006). The FAR
required compliance with FIPS PUB 201 and associated OMB guidance M-05-
24 (August 5, 2005) for solicitations and contracts that require the
contractor to have routine physical access to a Federally-controlled
facility and/or routine access to a Federally-controlled information
system. However, it recognized that Federal agencies needed to
customize these policies and procedures to meet mission needs.
Therefore, the FAR did not provide specific procedural language for
inclusion in affected contracts, but merely required that contractors
``comply with agency personal identity verification procedures
identified in the contract''.
This proposed rule will add a new contract clause to the Department
of State Acquisition Regulation (DOSAR) to implement the Department's
requirements regarding personal identity verification of contractor
personnel. The clause will apply to contracts that require contractor
employees to perform on-site at a Department of State location and/or
that require contractor employees to have access to DOS information
systems.
The clause directs contractors to an Internet web site document
that outlines the personal identity verification procedures for various
types of contractors (cleared and uncleared), location of performance
(domestic facilities; domestic--Washington, DC metro area facilities;
and overseas facilities), and the access requirements (physical;
logical; or both).
Finally, DOSAR clause 652.237-71, Identification/Building Pass, and
its associated prescription at 637.110(b), are removed. This clause
outlined the process for issuing building passes to contractors working
on-site at DOS facilities. HSPD-12 and FIPS PUB 201 require more
stringent forms of identification to ensure personal identity
verification than was reflected in this clause.
Regulatory Findings
Administrative Procedure Act
In accordance with provisions of the Administrative Procedure Act
governing rules promulgated by federal agencies that affect the public
(5 U.S.C. 552), the Department is publishing this proposed rule and
inviting public comment.
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign
based companies in domestic and import markets.
Executive Order 12866
The Department of State does not consider this rule to be a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review. In addition, the Department is
exempt from Executive
[[Page 64981]]
Order 12866 except to the extent that it is promulgating regulations in
conjunction with a domestic agency that are significant regulatory
actions. The Department has nevertheless reviewed the regulation to
ensure its consistency with the regulatory philosophy and principles
set forth in that Executive Order.
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement.
Paperwork Reduction Act
Information collection requirements have been approved under the
Paperwork Reduction Act of 1980 by OMB, and have been assigned OMB
control number 1405-0050.
List of Subjects in 48 CFR Parts 604, 637 and 652
Government procurement.
Accordingly, for reasons set forth in the preamble, title 48,
chapter 6 of the Code of Federal Regulations is proposed to be amended
as follows:
1. The authority citation for 48 CFR parts 604, 637 and 652
continue to read as follows:
Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.
Subchapter A--General
PART 604--ADMINISTRATIVE MATTERS
2. A new subpart 604.13 is added as follows:
Subpart 604.13--Personal Identity Verification of Contractor Personnel
Sec.
604.1300 Policy.
604.1301 Contract clause.
604.1301-70 DOSAR contract clause.
Subpart 604.13--Personal Identity Verification of Contractor
Personnel
604.1300 Policy.
The DOS official responsible for verifying contractor employee
personal identity is the Assistant Secretary for Diplomatic Security.
604.1301 Contract clause.
604.1301-70 DOSAR contract clause.
The contracting officer shall insert the clause at 652.204-70,
Department of State Personal Identification Card Issuance Procedures,
in solicitations and contracts that require contractor employees to
perform on-site at a DOS location and/or that require contractor
employees to have access to DOS information systems.
Subchapter F--Special Categories of Contracting
PART 637--SERVICE CONTRACTING
3. Section 637.110 is amended by removing paragraph (b) and re-
designating paragraphs (c) and (d) as paragraphs (b) and (c),
respectively.
Subchapter H--Clauses and Forms
PART 652--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Section 652.204-70 is added as follows:
652.204-70 Department of State Personal Identification Card Issuance
Procedures.
As prescribed in 604.1301-70, insert the following clause:
Department of State Personal Identification Card Issuance Procedures
(DATE)
(a) The Contractor shall comply with the Department of State
(DOS) Personal Identification Card Issuance Procedures for all
employees performing under this contract who require frequent and
continuing access to DOS facilities, or information systems. The
Contractor shall insert this clause in all subcontracts when the
subcontractor's employees will require frequent and continuing
access to DOS facilities, or information systems.
(b) The DOS Personal Identification Card Issuance Procedures may
be accessed at http://www.state.gov/m/ds/rls/rpt/c21664.htm.
(End of clause)
5. Section 652.237-71 is removed and reserved.
6. Section 652.237-72 is amended by removing ``637.110(c)'' and
inserting ``637.110(b)'' in its place in the clause prescription.
7. Section 652.237-73 is amended by removing ``637.110(d)'' and
inserting ``637.110(c)'' in its place in the clause prescription.
Dated: November 7, 2007.
Corey M. Rindner,
Procurement Executive, Bureau of Administration, Department of State.
[FR Doc. E7-22460 Filed 11-16-07; 8:45 am]
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