Defense Federal Acquisition Regulation Supplement; Taxpayer Identification Numbers (DFARS Case 2006-D037), 2645-2646 [E7-736]

Download as PDF Federal Register / Vol. 71, No. 13 / Monday, January 22, 2007 / Proposed Rules of the proposed rule is to ensure that contractor personnel who have access to DoD information systems are properly trained and managed. The legal basis for the rule is 44 U.S.C. 3541. The proposed rule will apply to entities that perform information assurance functions for DoD. Approximately 83 small business concerns fall into this category annually. Contractors performing information assurance functions will be required to ensure that personnel accessing information systems have the proper and current information assurance certification to perform information assurance functions, in accordance with DoD 8570.01–M. No special skills are required for this compliance requirement. The proposed rule does not duplicate, overlap, or conflict with any other relevant Federal rules. A copy of the analysis may be obtained from the point of contact specified herein. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2006–D023. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the proposed rule does not contain any 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 239 and 252 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, DoD proposes to amend 48 CFR parts 239 and 252 as follows: 1. The authority citation for 48 CFR parts 239 and 252 continues to read as follows: rmajette on PROD1PC67 with PROPOSALS PART 239—ACQUISITION OF INFORMATION TECHNOLOGY 2. Section 239.7102–1 is amended by adding paragraphs (a)(7) and (8) to read as follows: General. (a) * * * (7) DoD Directive 8570.1, Information Assurance Training, Certification, and Workforce Management; and VerDate Aug<31>2005 16:35 Jan 19, 2007 Jkt 211001 239.7102–3 Information assurance contractor training and certification. (a) For acquisitions that include information assurance functional services for DoD information systems, or that require any appropriately cleared contractor personnel to access a DoD information system to perform contract duties, the requiring activity is responsible for providing to the contracting officer— (1) A list of information assurance functional responsibilities for DoD information systems by category (e.g., technical or management) and level (e.g., computing environment, network environment, or enclave); and (2) The information assurance training, certification, certification maintenance, and continuing education or sustainment training required for the information assurance functional responsibilities. (b) After contract award, the requiring activity is responsible for ensuring that the certifications and certification status of all contractor personnel performing information assurance functions as described in DoD 8570.01–M, Information Assurance Workforce Improvement Program, are in compliance with the manual and are identified, documented, and tracked. See PGI 239.7102–3 for guidance on documenting and tracking certifications. (c) The responsibilities specified in paragraphs (a) and (b) of this section apply to all DoD information assurance duties supported by a contractor, whether performed full-time or parttime as additional or embedded duties, and when using a DoD contract, or a contract or agreement administered by another agency (e.g., under an interagency agreement). 4. Section 239.7103 is revised to read as follows: 239.7103 Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 239.7102–1 (8) DoD 8570.01–M, Information Assurance Workforce Improvement Program. * * * * * 3. Section 239.7102–3 is added to read as follows: Frm 00007 Fmt 4702 Sfmt 4702 PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.239–7000 [Amended] 5. Section 252.239–7000 is amended in the introductory text by removing ‘‘239.7103’’ and adding in its place ‘‘239.7103(a)’’. 6. Section 252.239–7XXX is added to read as follows: 252.239–7XXX Information Assurance Contractor Training and Certification. As prescribed in 239.7103(b), use the following clause: Information Assurance Contractor Training and Certification (XXX 2007) (a) The Contractor shall ensure that personnel accessing information systems have the proper and current information assurance certification to perform information assurance functions in accordance with DoD 8570.01–M, Information Assurance Workforce Improvement Program. The Contractor shall meet the applicable information assurance certification requirements, including— (1) DoD-approved information assurance workforce certifications appropriate for each category and level as listed in the current version of DoD 8570.01–M; and (2) Appropriate operating system certification for information assurance technical positions as required by DoD 8570.01–M. (b) Upon request by the Government, the Contractor shall provide documentation supporting the information assurance certification status of personnel performing information assurance functions. (c) Contractor personnel who do not have proper and current certifications shall be denied access to DoD information systems for the purpose of performing information assurance functions. (End of clause) [FR Doc. E7–732 Filed 1–19–07; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 252 Contract clauses. (a) Use the clause at 252.239–7000, Protection Against Compromising Emanations, in solicitations and contracts involving information technology that requires protection against compromising emanations. (b) Use the clause at 252.239–7XXX, Information Assurance Contractor Training and Certification, in solicitations and contracts involving contractor performance of information assurance functions as described in DoD 8570.01–M. PO 00000 2645 RIN 0750–AF58 Defense Federal Acquisition Regulation Supplement; Taxpayer Identification Numbers (DFARS Case 2006–D037) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule with request for comments. AGENCY: E:\FR\FM\22JAP1.SGM 22JAP1 2646 Federal Register / Vol. 71, No. 13 / Monday, January 22, 2007 / Proposed Rules June 28, 2006, amended the clause at FAR 52.204–7 to include requirements for the Government to validate a contractor’s Taxpayer Identification Number (TIN), and for the contractor to consent to this validation, as part of the CCR registration process. This proposed rule amends DFARS 252.204–7004 to address TIN validation, for consistency with the changes made to FAR 52.204–7. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. A. Background C. Paperwork Reduction Act DFARS 252.204–7004 contains a substitute paragraph for use with the clause at FAR 52.204–7, Central Contractor Registration, to address DoDunique requirements relating to contractor registration in the Central Contractor Registration (CCR) database. Item I of Federal Acquisition Circular 2005–10, published at 71 FR 36923 on rmajette on PROD1PC67 with PROPOSALS SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for validation of Taxpayer Identification Numbers as part of the Central Contractor Registration process. The proposed changes are consistent with changes made to the Federal Acquisition Regulation. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before March 23, 2007, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2006-D037, using any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. • E-mail: dfars@osd.mil. Include DFARS Case 2006–D037 in the subject line of the message. • Fax: (703) 602–0350. • Mail: Defense Acquisition Regulations System, Attn: Ms. Felisha Hitt, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. • Hand Delivery/Courier: Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202–3402. Comments received generally will be posted without change to https:// www.regulations.gov, including any personal information provided. FOR FURTHER INFORMATION CONTACT: Ms. Felisha Hitt, (703) 602–0310. SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. VerDate Aug<31>2005 15:11 Jan 19, 2007 Jkt 211001 B. Regulatory Flexibility Act DoD does not expect this 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 rule relates to an administrative requirement for TIN validation, which is performed by the Government. Contractors need only provide consent for TIN validation as part of the CCR registration process. Therefore, DoD has not performed an initial regulatory flexibility analysis. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2006–D037. PO 00000 List of Subjects in 48 CFR Part 252 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, DoD proposes to amend 48 CFR Part 252 as follows: PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1. The authority citation for 48 CFR Part 252 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 2. Section 252.204–7004 is amended as follows: a. By revising the section heading, clause title, and clause date; and b. In paragraph (a), by revising the definition of ‘‘Registered in the CCR database’’ to read as follows: 252.204–7004 Alternate A, Central Contractor Registration. Alternate A, Central Contractor Registration (XXX 2007) * * * * * (a) * * * ‘‘Registered in the CCR database’’ means that— (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; (2) The Contractor’s CAGE code is in the CCR database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service, and has marked the records ‘‘Active.’’ The Contractor will be required to provide consent for TIN validation to the Government as part of the CCR registration process. [FR Doc. E7–736 Filed 1–19–07; 8:45 am] BILLING CODE 5001–08–P Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\22JAP1.SGM 22JAP1

Agencies

[Federal Register Volume 72, Number 13 (Monday, January 22, 2007)]
[Proposed Rules]
[Pages 2645-2646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-736]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

RIN 0750-AF58


Defense Federal Acquisition Regulation Supplement; Taxpayer 
Identification Numbers (DFARS Case 2006-D037)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Proposed rule with request for comments.

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[[Page 2646]]

SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to address requirements for validation of 
Taxpayer Identification Numbers as part of the Central Contractor 
Registration process. The proposed changes are consistent with changes 
made to the Federal Acquisition Regulation.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before March 23, 2007, to be considered 
in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2006-D037, 
using any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2006-D037 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations System, Attn: Ms. 
Felisha Hitt, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    Comments received generally will be posted without change to http:/
/www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Felisha Hitt, (703) 602-0310.

SUPPLEMENTARY INFORMATION:

A. Background

    DFARS 252.204-7004 contains a substitute paragraph for use with the 
clause at FAR 52.204-7, Central Contractor Registration, to address 
DoD-unique requirements relating to contractor registration in the 
Central Contractor Registration (CCR) database.
    Item I of Federal Acquisition Circular 2005-10, published at 71 FR 
36923 on June 28, 2006, amended the clause at FAR 52.204-7 to include 
requirements for the Government to validate a contractor's Taxpayer 
Identification Number (TIN), and for the contractor to consent to this 
validation, as part of the CCR registration process.
    This proposed rule amends DFARS 252.204-7004 to address TIN 
validation, for consistency with the changes made to FAR 52.204-7.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this 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 rule 
relates to an administrative requirement for TIN validation, which is 
performed by the Government. Contractors need only provide consent for 
TIN validation as part of the CCR registration process. Therefore, DoD 
has not performed an initial regulatory flexibility analysis. DoD 
invites comments from small businesses and other interested parties. 
DoD also will consider comments from small entities concerning the 
affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments 
should be submitted separately and should cite DFARS Case 2006-D037.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any 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 Part 252

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

    Therefore, DoD proposes to amend 48 CFR Part 252 as follows:

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    1. The authority citation for 48 CFR Part 252 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

    2. Section 252.204-7004 is amended as follows:
    a. By revising the section heading, clause title, and clause date; 
and
    b. In paragraph (a), by revising the definition of ``Registered in 
the CCR database'' to read as follows:


252.204-7004  Alternate A, Central Contractor Registration.

Alternate A, Central Contractor Registration (XXX 2007)

* * * * *
    (a) * * *
    ``Registered in the CCR database'' means that--
    (1) The Contractor has entered all mandatory information, including 
the DUNS number or the DUNS+4 number, into the CCR database;
    (2) The Contractor's CAGE code is in the CCR database; and
    (3) The Government has validated all mandatory data fields, to 
include validation of the Taxpayer Identification Number (TIN) with the 
Internal Revenue Service, and has marked the records ``Active.'' The 
Contractor will be required to provide consent for TIN validation to 
the Government as part of the CCR registration process.

 [FR Doc. E7-736 Filed 1-19-07; 8:45 am]
BILLING CODE 5001-08-P
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