[Federal Register Volume 75, Number 99 (Monday, May 24, 2010)]
[Proposed Rules]
[Pages 28771-28772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12334]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4 and 52
[FAR Case 2009-027; Docket 2010-0091; Sequence 1]
RIN: 9000-AL60
Federal Acquisition Regulation; FAR Case 2009-027, Personal
Identity Verification of Contractor Personnel
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to provide additional regulatory
coverage in Subpart 4.13 and in clause 52.204-9 to reinforce the
requirement of collecting from contractors all forms of Government
provided identification once they are no longer needed to support a
contract.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before July 23, 2010 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by FAR case 2009-027 by any of
the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``FAR Case
2009-027'' under the heading ``Enter Keyword or ID'' and selecting
``Search''. Select the link ``Submit a Comment'' that corresponds with
``FAR Case 2009-027''. Follow the instructions provided at the ``
Submit a Comment'' screen. Please include your name, company name (if
any), and ``FAR Case 2009-027'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAR case 2009-
027, 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 Ms. Suzanne Neurauter, Procurement
Analyst, at (202) 219-0310 for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAR case 2009-
027.
SUPPLEMENTARY INFORMATION:
A. Background
Department of Defense Inspector General Audit Report No. D02009-
005, titled Controls Over the Contractor Common Access Card (CAC) Life
Cycle, was performed to determine whether Government controls were in
place over contractor CACs. A CAC is the DoD term for a Personal
Identity Verification (PIV) card. A PIV card is required in order to
gain access to a Federal facility. The most prevalent issue of the
audit report, and the one that the Councils are undertaking with this
case, was that the
[[Page 28772]]
CACs were not adequately accounted for after contract performance.
The Councils are proposing to amend the FAR by inserting new
paragraphs (d)(1) and (2) under section 4.1301, Policy. Paragraph
(d)(1) will provide policy on recovering PIVs. The text in paragraph
(d)(1) states that agency procedures shall ensure that Government
contractors account for all forms of Government-provided identification
issued to Government contractors under a contract, and return such
identification to the issuing agency at the earliest of any of the
following, unless otherwise determined by the agency: when no longer
needed for contract performance; upon completion of a contractor
employee's employment; upon contract completion or termination. The
text in paragraph (d)(2) states that the contracting officer may delay
final payment under a contract if the contractor fails to comply with
these requirements.
The Councils are also proposing to modify FAR clause 52.204-9,
Personal Identity Verification of Contractor Personnel to be consistent
with Part 4.
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 Councils do 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 requirements of the actions required and the clause are not
significantly burdensome. Currently, it is a common business practice
to have procedures in place to revoke/return access cards when no
longer in use by the contractor. An Initial Regulatory Flexibility
Analysis has, therefore, not been performed. We invite comments from
small businesses and other interested parties. The Councils will
consider comments from small entities concerning the affected FAR Parts
4 and 52 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.
(FAR case 2009-027), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. Chapter 35, et seq.
List of Subjects in 48 CFR Parts 4 and 52
Government procurement.
Dated: May 17, 2010.
Edward Loeb,
Acting Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 4 and
52 as set forth below:
1. The authority citation for 48 CFR parts 4 and 52 continues to
read as follows:
AUTHORITY: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 4--ADMINISTRATIVE MATTERS
2. Amend section 4.1301 by adding paragraphs (d)(1) and (d)(2) to
read as follows:
4.1301 Policy.
* * * * *
(d)(1) Agency procedures shall ensure that Government contractors
account for all forms of Government-provided identification issued to
Government contractors under a contract, i.e., the Personal Identity
Verification (PIV) cards or other similar badges, and shall ensure that
contractors return such identification to the issuing agency as soon as
any of the following occurs, unless otherwise determined by the agency:
(i) When no longer needed for contract performance.
(ii) Upon completion of a contractor employee's employment.
(iii) Upon contract completion or termination.
(2) The contracting officer may delay final payment under a
contract if the contractor fails to comply with these requirements.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Amend section 52.204-9 by:
a. Revising the date of the clause;
b. Redesignating paragraph (b) as paragraph (d), and adding new
paragraphs (b) and (c); and revising the newly designated paragraph
(d).
The added and revised text reads as follows:
52.204-9 Personal Identity Verification of Contractor Personnel.
* * * * *
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (DATE)
(b) The Contractor shall account for all forms of Government-
provided identification issued to the Contractor under this contract.
The contractor shall return such identification to the issuing agency
at the earliest of any of the following, unless otherwise determined by
the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee's employment.
(3) Upon contract completion or termination.
(c) The contracting officer may delay final payment under a
contract if the contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause,
including this paragraph (d), in all subcontracts when the
subcontractor is required to have routine physical access to a
Federally-controlled facility and/or routine access to a Federally-
controlled information system.
(End of clause)
[FR Doc. 2010-12334 Filed 5-21-10; 8:45 am]
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