[Federal Register Volume 73, Number 197 (Thursday, October 9, 2008)]
[Proposed Rules]
[Pages 59589-59590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22794]
[[Page 59589]]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 504 and 552
[GSAR Case 2006-G510; Docket 2008-0007; Sequence 19]
RIN 3090-AI72
General Services Acquisition Regulation; GSAR Case 2006-G510;
Rewrite of GSAR Part 504, Administrative Matters
AGENCY: Office of the Chief Acquisition Officer, General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The GSA is proposing to amend the General Services Acquisition
Regulation (GSAR) to revise the language regarding requirements for
administrative matters.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before December 8, 2008 to be considered
in the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR Case 2006-G510 by any of
the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``GSAR Case
2006-G510'' under the heading ``Comment or Submission''. Select the
link ``Send a Comment or Submission'' that corresponds with GSAR Case
2006-G510. Follow the instructions provided to complete the ``Public
Comment and Submission Form''. Please include your name, company name
(if any), and ``GSAR Case 2006-G510'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW, Room 4041, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite GSAR Case 2006-
G510 in all correspondence related to this case. All comments received
will be posted without change to http://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT For clarification of content, contact
Mr. Ernest Woodson at (202) 501-3775, or by e-mail at
[email protected]. For information pertaining to the status or
publication schedules, contact the Regulatory Secretariat (VPR), Room
4041, GS Building, Washington, DC 20405, (202) 501-4755. Please cite
GSAR Case 2006-G510.
SUPPLEMENTARY INFORMATION:
A. Background
The GSA is amending the GSAR to update the text addressing GSAR
Part 504, Administrative Matters; Subpart 504.4, Safeguarding
Classified Information Within Industry; Subpart 504.5, Electronic
Commerce in Contracting; Subpart 504.6, Contract Reporting; Subpart
504.11, Central Contractor Registration; and Subpart 504.13, Personal
Identify Verification of Contractor Personnel. This rule is a result of
the GSA Acquisition Manual (GSAM) Rewrite initiative undertaken by the
GSA to revise the GSAM to maintain consistency with the Federal
Acquisition Regulation (FAR) and implement streamlined and innovative
acquisition procedures that contractors, offerors, and GSA acquisition
personnel can utilize when entering into and administering contractual
relationships. The GSAM incorporates the GSAR as well as internal
agency acquisition policy.
The GSA will rewrite each part of the GSAR and GSAM, and as each
GSAR part is rewritten, GSA will publish it in the Federal Register.
This rule covers the rewrite of GSAR Parts 504 and 552. The rule
revises GSAR Subpart 504.4, Safeguarding Classified Information Within
Industry; revises Section 504.402, General; deletes duplicative
information already addressed in FAR 4.402; deletes the definition for
``U.S. Industry'' as the term is not referred in the subpart; revises
Section 504.475, Return of classified information, to ensure
grammatical and structural consistency; deletes Subpart 504.5,
Electronic Commerce in Contracting, in its entirety because it
duplicates information already addressed in FAR 4.5; in Subpart 504.6,
Contract Reporting, redesignates Section 504.602-71, Federal
Procurement Data System-Public Access, as Section 504.605-70, Federal
Procurement Data System-Public Access, to establish a one-time fee for
direct public access to Federal Procurement Data System Database; adds
a new Subpart 504.11, Central Contractor Registration (CCR) and a new
Section 504.1103, Procedures, to ensure that prospective contractors
register in CCR in accordance with the FAR 4.1103; adds a new Subpart
504.13, Personal Identity Verification of Contractor Personnel and new
Sections 504.1301, Policy, and 504.1303, Contract Clause, to establish
agency policy for ensuring compliance with Homeland Security
Presidential Directive, HSPD-12, and prescribe the requirements for
inserting a new clause FAR 552.204-9, Personal Identify Verification
Requirements, in solicitations and contracts when contractor employees
will require access to Federal facilities or information.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The GSA does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the revisions are not considered substantive. An Initial
Regulatory Flexibility Analysis has, therefore, not been performed. We
invite comments from small businesses and other interested parties. The
GSA will consider comments from small entities concerning the affected
GSAR Parts 504 and 552 in accordance with 5 U.S.C. 610. Interested
parties must submit such comments separately and should cite 5 U.S.C.
601, et seq. (GSAR case 2006-G510), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the GSAR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 504 and 552
Government procurement.
Dated: September 18, 2008
Al Matera,
Director, Office of Acquisition Policy.
Therefore, GSA proposes to amend 48 CFR parts 504 and 552 as set
forth below:
1. The authority citation for 48 CFR parts 504 and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 504--ADMINISTRATIVE MATTERS
2. Revise section 504.402 to read as follows:
504.402 General.
(a) This subpart prescribes procedures for safeguarding classified
information required to be disclosed to contractors
[[Page 59590]]
in connection with the solicitation of offers, and the award,
performance, and termination of contracts.
(b) As used in this subpart, the term ``Contractor(s)'' means
prospective contractors, subcontractors, vendors, and suppliers.
3. Amend section 504.475 by revising paragraph (a), paragraph (b)
introductory text, and paragraphs (b)(1) thru (b)(5)(i) to read as
follows:
504.475 Return of classified information.
(a) Contracting officers must recover classified information,
unless it has been destroyed as provided in Section 7 of Chapter 5 of
the National Industrial Security Program Operating Manual (NISPOM). The
Government agency that provided classified information to a GSA
contractor is responsible for the return of the information.
(b) Contracting officers must ensure that classified information
provided by the government is returned immediately after any of the
following events:
(1) Bid opening or closing date for receipt of proposals by non-
responding offerors.
(2) Contract award by unsuccessful offerors.
(3) Termination or completion of the contract.
(4) Notification that authorization to release classified
information has been withdrawn.
(5) After Notification that a facility--
(i) Does not have adequate means to safeguard classified
information; or
* * * * *
Subpart 504.5 [Removed]
4. Remove Subpart 504.5.
504.602-71 [Redesignated as 504.605-70]
5. Redesignate section 504.602-71 as 504.605-70.
6. Add Subpart 504.11 to read as follows:
Subpart 504.11--Central Contractor Registration
Sec.
504.1103 Procedures.
Subpart 504.11--Central Contractor Registration
504.1103 Procedures.
In addition to the requirements found in FAR 4.1103, prior to
awarding a contractual instrument the contracting officer must--
(1) Verify that the prospective contractor's exact legal business
name, Doing-Business-As (DBA) name (if any), physical street address,
and Data Universal Number System (DUNS) number or DUNS+4 number, as
found in the CCR, matches the information that will be placed on the
contract, order, or agreement from the vendor's quote or proposal.
Correct mismatches by having the vendor amend the information in the
CCR or the quote or proposal. The CCR information can be accessed
through GSA's CCR repository. (Contact the GSA Systems Programming
Branch for instructions, a user ID, and password.)
(2) Ensure that the contractor's address code exists in Pegasys and
that it is CCR enabled with the contractor's DUNS or DUNS+4 number.
This can be done by searching Pegasys records using the contractor's
Taxpayer Identification Number (TIN). If no code exists, request that a
new address code be established by the Finance Center for CCR
compliance.
(3) Ensure that the contractor's identifying information is
correctly placed on the contractual instrument, using special care to
ensure that the legal name and ``remit to'' name match exactly. (Note:
Lockbox names or numbers should not be used to replace the contractor's
name in the remittance block on the contractual instrument.)
7. Add Subpart 504.13 to read as follows:
Subpart 504.13--Personal Identity Verification of Contractor
Personnel
Sec.
504.1301 Policy.
504.1303 Contract clause.
Subpart 504.13--Personal Identity Verification of Contractor
Personnel
504.1301 Policy.
Contracting officers must follow the procedures contained in the
GSA HSPD-12 Personal Identify Verification and Credentialing Standard
Operating Procedures, found at http://insite.gsa.gov/hspd12implementation, to ensure compliance with Homeland Security
Presidential Directive-12 (HSPD-12) ``Policy for a Common
Identification Standard for Federal Employees and Contractors,'' Office
of Management and Budget Memorandum M-05-24, and Department of Commerce
FIPS PUB 201.
504.1303 Contract clause.
Insert the clause at 552.204-9, Personal Identity Verification
Requirements, in solicitations and contracts when it is determined that
contractor employees will require routine physical access to federally
controlled facilities or information systems to perform contract
requirements.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
8. Add section 552.204-9 to read as follows:
552.204-9 Personal Identity Verification Requirements.
As prescribed in 504.1303, insert the following clause:
PERSONAL IDENTITY VERIFICATION REQUIREMENTS (DATE)
The Contractor shall comply with GSA personal identity verification
requirements, identified by the Contracting Officer, if Contractor
employees require routine physical access to GSA controlled facilities
or information systems to perform contract requirements.
(End of clause)
[FR Doc. E8-22794 Filed 10-8-08; 8:45 am]
BILLING CODE 6820-61-S