Department of State Acquisition Regulation, 51568-51570 [E7-17752]
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51568
Federal Register / Vol. 72, No. 174 / Monday, September 10, 2007 / Rules and Regulations
Procedures Act or any other statute as
indicated in the SUPPLEMENTARY
INFORMATION section above, it is not
subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act (5 U.S.C 601 et seq.), or to sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4). In addition, this action does not
significantly or uniquely affect small
governments or impose a significant
intergovernmental mandate, as
described in sections 203 and 204 of
UMRA. This rule also does not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor
will it 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 governments, as specified by
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not
economically significant.
This technical correction action does
not involve technical standards; thus
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. The rule also
does not involve special consideration
of environmental justice related issues
as required by Executive Order 12898
(59 FR 7629, February 16, 1994). In
issuing this rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct, as
required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996).
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1998) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order. This rule does not impose an
information collection burden under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act (5
U.S.C. 801 et seq.), as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
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copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure are impracticable,
unnecessary or contrary to the public
interest. This determination must be
supported by a brief statement. 5 U.S.C.
808(2). As stated previously, EPA had
made such a good cause finding,
including the reasons therefore, and
established an effective date of
September 10, 2007. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This correction to
40 CFR part 52 for Ohio is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
DEPARTMENT OF STATE
48 CFR Parts 639 and 652
[Public Notice: 5929]
RIN 1400–AC31
Department of State Acquisition
Regulation
State Department.
Final rule.
AGENCY:
ACTION:
SUMMARY: This final rule adds a
solicitation provision and contract
clause to the Department of State
Acquisition Regulation (DOSAR) to
implement Department of State
requirements regarding security issues
for information technology systems, as
required by the Federal Information
Security Management Act of 2002
(FISMA).
Effective Date: This rule is
effective September 10, 2007.
DATES:
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Particulate matter, Volatile organic
compounds.
Dated: August 24, 2007.
Richard C. Karl,
Acting Regional Administrator, Region 5.
FOR FURTHER INFORMATION CONTACT:
Gladys Gines, Procurement Analyst,
Office of the Procurement Executive,
2201 C Street, NW., State Annex
Number 6, Room 603, Washington, DC
20522–0602; telephone number: 703–
516–1691; e-mail address:
ginesgg@state.gov.
SUPPLEMENTARY INFORMATION:
2. Section 52.1885 is amended by
revising paragraph (ff)(2) to read as
follows:
The
Department published a proposed rule,
Public Notice 5836 at 72 FR 35023, June
26, 2007, with a request for comments.
The rule was proposed to implement the
information technology (IT) security
policies of the Department for contracts
that include information technology
resources for services in which the
contractor has physical or electronic
access to Department information that
directly supports the mission of the
Department. The rule was discussed in
detail in Public Notice 5836. No public
comments were received. The
Department is now promulgating a final
rule with no changes from the proposed
rule.
§ 52.1885
Regulatory Findings
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart KK—Ohio
I
Control strategy: Ozone.
*
*
*
*
*
(ff) * * *
(2) Belmont County, as submitted on
June 20, 2006, and supplemented on
August 24, 2006, and December 4, 2006.
The maintenance plan establishes 2009
MVEBs for Belmont County of 2.60 tpd
of VOC and 4.69 tpd of NOX, and 2018
MVEBs of 1.52 tpd of VOCs and 1.91
tpd of NOX.
*
*
*
*
*
[FR Doc. E7–17627 Filed 9–7–07; 8:45 am]
BILLING CODE 6560–50–P
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Administrative Procedure Act
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
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
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Federal Register / Vol. 72, No. 174 / Monday, September 10, 2007 / Rules and Regulations
principles set forth in that Executive
Order.
Executive Orders 12372 and 13132—
Federalism
Regulatory Flexibility Act
This regulation will not have
substantial direct effect 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. The
regulations implementing Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this regulation.
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 Reform 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
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.
ebenthall on PRODPC61 with RULES
Executive Order 12988—Civil Justice
Reform
The Department has reviewed this
regulation in light of sections 3(a) and
3(b)(2) of Executive Order 12988 to
eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
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National Environmental Policy Act
The Department has analyzed this
regulation for the purpose of the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4347) and has
determined that it will not have any
effect on the quality of the environment.
Paperwork Reduction Act
This rule does not impose any new
reporting or recordkeeping requirements
subject to the Paperwork Reduction Act,
44 U.S.C. Chapter 35.
List of Subjects in 48 CFR Parts 639 and
652
Government procurement.
Accordingly, for reasons set forth in
the preamble, title 48, chapter 6 of the
Code of Federal Regulations is amended
as follows:
I 1. The authority citation for 48 CFR
parts 639 and 652 continue to read as
follows:
I
51569
Information Technology Security Plan
and Accreditation, in solicitations that
include information technology
resources or services in which the
contractor will have physical or
electronic access to Department
information that directly supports the
mission of the Department.
(b) The contracting officer shall insert
the clause at 652.239–71, Security
Requirements for Unclassified
Information Technology Resources, in
solicitations and contracts containing
the provision at 652.239–70. The
provision and clause shall not be
inserted in solicitations and contracts
for personal services with individuals.
Subchapter H—Clauses and Forms
PART 652—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Section 652.239–70 is added to read
as follows:
I
652.239–70 Information Technology
Security Plan and Accreditation.
As prescribed in 639.107–70(a), insert
the following provision:
Information Technology Security Plan and
Accreditation (SEP 2007)
All offers/bids submitted in response to
this solicitation must address the approach
for completing the security plan and
certification and accreditation requirements
as required by the clause at 652.239–71,
Security Requirements for Unclassified
Information Technology Resources.
(End of provision)
4. Section 652.239–71 is added to read
as follows:
I
652.239–71 Security Requirements for
Unclassified Information Technology
Resources.
Authority: 40 U.S.C. 486(c); 22 U.S.C.
2658.
As prescribed in 639.107–70(b), insert
the following clause:
Subchapter F—Special Categories of
Contracting
Security Requirements for Unclassified
Information Technology Resources (SEP
2007)
(a) General. The Contractor shall be
responsible for information technology (IT)
security, based on Department of State (DOS)
risk assessments, for all systems connected to
a Department of State (DOS) network or
operated by the Contractor for DOS,
regardless of location. This clause is
applicable to all or any part of the contract
that includes information technology
resources or services in which the Contractor
has physical or electronic access to DOS’s
information that directly supports the
mission of DOS. The term ‘‘information
technology’’, as used in this clause, means
any equipment, including
telecommunications equipment, that is used
in the automatic acquisition, storage,
manipulation, management, movement,
control, display, switching, interchange,
PART 639—ACQUISITION OF
INFORMATION TECHNOLOGY
2. A new Part 639, consisting of
subpart 639.1, sections 639.107 and
639.107–70, is added to subchapter F as
follows:
I
PART 639—ACQUISITION OF
INFORMATION TECHNOLOGY
Subpart 639.1—General
639.107
Contract clause.
639.107–70 DOSAR solicitation provision
and contract clause.
(a) The contracting officer shall insert
the provision at 652.239–70,
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51570
Federal Register / Vol. 72, No. 174 / Monday, September 10, 2007 / Rules and Regulations
transmission, or reception of data or
information. This includes both major
applications and general support systems as
defined by OMB Circular A–130. Examples of
tasks that require security provisions include:
(1) Hosting of DOS e-Government sites or
other IT operations;
(2) Acquisition, transmission or analysis of
data owned by DOS with significant
replacement cost should the Contractor’s
copy be corrupted; and
(3) Access to DOS general support systems/
major applications at a level beyond that
granted the general public; e.g., bypassing a
firewall.
(b) IT Security Plan. The Contractor shall
develop, provide, implement, and maintain
an IT Security Plan. This plan shall describe
the processes and procedures that will be
followed to ensure appropriate security of IT
resources that are developed, processed, or
used under this contract. The plan shall
describe those parts of the contract to which
this clause applies. The Contractor’s IT
Security Plan shall comply with applicable
Federal laws that include, but are not limited
to, 40 U.S.C. 11331, the Federal Information
Security Management Act (FISMA) of 2002,
and the E-Government Act of 2002. The plan
shall meet IT security requirements in
accordance with Federal and DOS policies
and procedures, as they may be amended
from time to time during the term of this
contract that include, but are not limited to:
(1) OMB Circular A–130, Management of
Federal Information Resources, Appendix III,
Security of Federal Automated Information
Resources;
(2) National Institute of Standards and
Technology (NIST) Guidelines (see NIST
Special Publication 800–37, Guide for the
Security Certification and Accreditation of
Federal Information Technology Systems
(https://csrc.nist.gov/publications/nistpubs/
800-37/SP800–37-final.pdf)); and
(3) Department of State information
security sections of the Foreign Affairs
Manual (FAM) and Foreign Affairs Handbook
(FAH) (https://foia.state.gov/Regs/Search.asp),
specifically:
(i) 12 FAM 230, Personnel Security;
(ii) 12 FAM 500, Information Security
(sections 540, 570, and 590);
(iii) 12 FAM 600, Information Security
Technology (section 620, and portions of
650);
(iv) 5 FAM 1060, Information Assurance
Management; and
(v) 5 FAH 11, Information Assurance
Handbook.
(c) Submittal of IT Security Plan. Within 30
days after contract award, the Contractor
shall submit the IT Security Plan to the
Contracting Officer and Contracting Officer’s
Representative (COR) for acceptance. This
plan shall be consistent with and further
detail the approach contained in the
contractor’s proposal or sealed bid that
resulted in the award of this contract and in
compliance with the requirements stated in
this clause. The plan, as accepted by the
Contracting Officer and COR, shall be
incorporated into the contract as a
compliance document. The Contractor shall
comply with the accepted plan.
(d) Accreditation. Within six (6) months
after contract award, the Contractor shall
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submit written proof of IT security
accreditation for acceptance by the
Contracting Officer. Such written proof may
be furnished either by the Contractor or by
a third party. Accreditation must be in
accordance with NIST Special Publication
800–37. This accreditation will include a
final security plan, risk assessment, security
test and evaluation, and disaster recovery
plan/continuity of operations plan. This
accreditation, when accepted by the
Contracting Officer, shall be incorporated
into the contract as a compliance document,
and shall include a final security plan, a risk
assessment, security test and evaluation, and
disaster recovery/continuity of operations
plan. The Contractor shall comply with the
accepted accreditation documentation.
(e) Annual verification. On an annual
basis, the Contractor shall submit verification
to the Contracting Officer that the IT Security
Plan remains valid.
(f) Warning notices. The Contractor shall
ensure that the following banners are
displayed on all DOS systems (both public
and private) operated by the Contractor prior
to allowing anyone access to the system:
Government Warning
**WARNING**WARNING**
WARNING**
Unauthorized access is a violation of U.S.
law and Department of State policy, and may
result in criminal or administrative penalties.
Users shall not access other user’s or system
files without proper authority. Absence of
access controls IS NOT authorization for
access! DOS information systems and related
equipment are intended for communication,
transmission, processing and storage of U.S.
Government information. These systems and
equipment are subject to monitoring by law
enforcement and authorized Department
officials. Monitoring may result in the
acquisition, recording, and analysis of all
data being communicated, transmitted,
processed or stored in this system by law
enforcement and authorized Department
officials. Use of this system constitutes
consent to such monitoring.
**WARNING**WARNING**
WARNING**
(g) Privacy Act notification. The Contractor
shall ensure that the following banner is
displayed on all DOS systems that contain
Privacy Act information operated by the
Contractor prior to allowing anyone access to
the system:
This system contains information protected
under the provisions of the Privacy Act of
1974 (Pub. L. 93–579). Any privacy
information displayed on the screen or
printed shall be protected from unauthorized
disclosure. Employees who violate privacy
safeguards may be subject to disciplinary
actions, a fine of up to $5,000, or both.
(h) Privileged or limited privileged access.
Contractor personnel requiring privileged
access or limited privileged access to systems
operated by the Contractor for DOS or
interconnected to a DOS network shall
adhere to the specific contract security
requirements contained within this contract
and/or the Contract Security Classification
Specification (DD Form 254).
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(i) Training. The Contractor shall ensure
that its employees performing under this
contract receive annual IT security training
in accordance with OMB circular A–130,
FISMA, and NIST requirements, as they may
be amended from time to time during the
term of this contract, with a specific
emphasis on rules of behavior.
(j) Government access. The Contractor shall
afford the Government access to the
Contractor’s and subcontractor’s facilities,
installations, operations, documentation,
databases and personnel used in performance
of the contract. Access shall be provided to
the extent required to carry out a program of
IT inspection (to include vulnerability
testing), investigation and audit to safeguard
against threats and hazards to the integrity,
availability and confidentiality of DOS data
or to the function of information technology
systems operated on behalf of DOS, and to
preserve evidence of computer crime.
(k) Subcontracts. The Contractor shall
incorporate the substance of this clause in all
subcontracts that meet the conditions in
paragraph (a) of this clause.
(l) Notification regarding employees. The
Contractor shall immediately notify the
Contracting Officer when an employee either
begins or terminates employment when that
employee has access to DOS information
systems or data.
(m) Termination. Failure on the part of the
Contractor to comply with the terms of this
clause may result in termination of this
contract.
(End of clause)
Dated: August 28, 2007.
Corey M. Rindner,
Procurement Executive, Bureau of
Administration, Department of State.
[FR Doc. E7–17752 Filed 9–7–07; 8:45 am]
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National Marine Fisheries
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potentially eligible participants and
other interested parties. The Program
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]]>Agencies
[Federal Register Volume 72, Number 174 (Monday, September 10, 2007)]
[Rules and Regulations]
[Pages 51568-51570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17752]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
48 CFR Parts 639 and 652
[Public Notice: 5929]
RIN 1400-AC31
Department of State Acquisition Regulation
AGENCY: State Department.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule adds a solicitation provision and contract
clause to the Department of State Acquisition Regulation (DOSAR) to
implement Department of State requirements regarding security issues
for information technology systems, as required by the Federal
Information Security Management Act of 2002 (FISMA).
DATES: Effective Date: This rule is effective September 10, 2007.
FOR FURTHER INFORMATION CONTACT: Gladys Gines, Procurement Analyst,
Office of the Procurement Executive, 2201 C Street, NW., State Annex
Number 6, Room 603, Washington, DC 20522-0602; telephone number: 703-
516-1691; e-mail address: ginesgg@state.gov.
SUPPLEMENTARY INFORMATION: The Department published a proposed rule,
Public Notice 5836 at 72 FR 35023, June 26, 2007, with a request for
comments. The rule was proposed to implement the information technology
(IT) security policies of the Department for contracts that include
information technology resources for services in which the contractor
has physical or electronic access to Department information that
directly supports the mission of the Department. The rule was discussed
in detail in Public Notice 5836. No public comments were received. The
Department is now promulgating a final rule with no changes from the
proposed rule.
Regulatory Findings
Administrative Procedure Act
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 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
[[Page 51569]]
principles set forth in that Executive Order.
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 Reform 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 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 12988--Civil Justice Reform
The Department has reviewed this regulation in light of sections
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burden.
Executive Orders 12372 and 13132--Federalism
This regulation will not have substantial direct effect 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. The
regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this regulation.
National Environmental Policy Act
The Department has analyzed this regulation for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has
determined that it will not have any effect on the quality of the
environment.
Paperwork Reduction Act
This rule does not impose any new reporting or recordkeeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35.
List of Subjects in 48 CFR Parts 639 and 652
Government procurement.
0
Accordingly, for reasons set forth in the preamble, title 48, chapter 6
of the Code of Federal Regulations is amended as follows:
0
1. The authority citation for 48 CFR parts 639 and 652 continue to read
as follows:
Authority: 40 U.S.C. 486(c); 22 U.S.C. 2658.
Subchapter F--Special Categories of Contracting
PART 639--ACQUISITION OF INFORMATION TECHNOLOGY
0
2. A new Part 639, consisting of subpart 639.1, sections 639.107 and
639.107-70, is added to subchapter F as follows:
PART 639--ACQUISITION OF INFORMATION TECHNOLOGY
Subpart 639.1--General
639.107 Contract clause.
639.107-70 DOSAR solicitation provision and contract clause.
(a) The contracting officer shall insert the provision at 652.239-
70, Information Technology Security Plan and Accreditation, in
solicitations that include information technology resources or services
in which the contractor will have physical or electronic access to
Department information that directly supports the mission of the
Department.
(b) The contracting officer shall insert the clause at 652.239-71,
Security Requirements for Unclassified Information Technology
Resources, in solicitations and contracts containing the provision at
652.239-70. The provision and clause shall not be inserted in
solicitations and contracts for personal services with individuals.
Subchapter H--Clauses and Forms
PART 652--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Section 652.239-70 is added to read as follows:
652.239-70 Information Technology Security Plan and Accreditation.
As prescribed in 639.107-70(a), insert the following provision:
Information Technology Security Plan and Accreditation (SEP 2007)
All offers/bids submitted in response to this solicitation must
address the approach for completing the security plan and
certification and accreditation requirements as required by the
clause at 652.239-71, Security Requirements for Unclassified
Information Technology Resources.
(End of provision)
0
4. Section 652.239-71 is added to read as follows:
652.239-71 Security Requirements for Unclassified Information
Technology Resources.
As prescribed in 639.107-70(b), insert the following clause:
Security Requirements for Unclassified Information Technology Resources
(SEP 2007)
(a) General. The Contractor shall be responsible for information
technology (IT) security, based on Department of State (DOS) risk
assessments, for all systems connected to a Department of State
(DOS) network or operated by the Contractor for DOS, regardless of
location. This clause is applicable to all or any part of the
contract that includes information technology resources or services
in which the Contractor has physical or electronic access to DOS's
information that directly supports the mission of DOS. The term
``information technology'', as used in this clause, means any
equipment, including telecommunications equipment, that is used in
the automatic acquisition, storage, manipulation, management,
movement, control, display, switching, interchange,
[[Page 51570]]
transmission, or reception of data or information. This includes
both major applications and general support systems as defined by
OMB Circular A-130. Examples of tasks that require security
provisions include:
(1) Hosting of DOS e-Government sites or other IT operations;
(2) Acquisition, transmission or analysis of data owned by DOS
with significant replacement cost should the Contractor's copy be
corrupted; and
(3) Access to DOS general support systems/major applications at
a level beyond that granted the general public; e.g., bypassing a
firewall.
(b) IT Security Plan. The Contractor shall develop, provide,
implement, and maintain an IT Security Plan. This plan shall
describe the processes and procedures that will be followed to
ensure appropriate security of IT resources that are developed,
processed, or used under this contract. The plan shall describe
those parts of the contract to which this clause applies. The
Contractor's IT Security Plan shall comply with applicable Federal
laws that include, but are not limited to, 40 U.S.C. 11331, the
Federal Information Security Management Act (FISMA) of 2002, and the
E-Government Act of 2002. The plan shall meet IT security
requirements in accordance with Federal and DOS policies and
procedures, as they may be amended from time to time during the term
of this contract that include, but are not limited to:
(1) OMB Circular A-130, Management of Federal Information
Resources, Appendix III, Security of Federal Automated Information
Resources;
(2) National Institute of Standards and Technology (NIST)
Guidelines (see NIST Special Publication 800-37, Guide for the
Security Certification and Accreditation of Federal Information
Technology Systems (https://csrc.nist.gov/publications/nistpubs/800-
37/SP800-37-final.pdf)); and
(3) Department of State information security sections of the
Foreign Affairs Manual (FAM) and Foreign Affairs Handbook (FAH)
(https://foia.state.gov/Regs/Search.asp), specifically:
(i) 12 FAM 230, Personnel Security;
(ii) 12 FAM 500, Information Security (sections 540, 570, and
590);
(iii) 12 FAM 600, Information Security Technology (section 620,
and portions of 650);
(iv) 5 FAM 1060, Information Assurance Management; and
(v) 5 FAH 11, Information Assurance Handbook.
(c) Submittal of IT Security Plan. Within 30 days after contract
award, the Contractor shall submit the IT Security Plan to the
Contracting Officer and Contracting Officer's Representative (COR)
for acceptance. This plan shall be consistent with and further
detail the approach contained in the contractor's proposal or sealed
bid that resulted in the award of this contract and in compliance
with the requirements stated in this clause. The plan, as accepted
by the Contracting Officer and COR, shall be incorporated into the
contract as a compliance document. The Contractor shall comply with
the accepted plan.
(d) Accreditation. Within six (6) months after contract award,
the Contractor shall submit written proof of IT security
accreditation for acceptance by the Contracting Officer. Such
written proof may be furnished either by the Contractor or by a
third party. Accreditation must be in accordance with NIST Special
Publication 800-37. This accreditation will include a final security
plan, risk assessment, security test and evaluation, and disaster
recovery plan/continuity of operations plan. This accreditation,
when accepted by the Contracting Officer, shall be incorporated into
the contract as a compliance document, and shall include a final
security plan, a risk assessment, security test and evaluation, and
disaster recovery/continuity of operations plan. The Contractor
shall comply with the accepted accreditation documentation.
(e) Annual verification. On an annual basis, the Contractor
shall submit verification to the Contracting Officer that the IT
Security Plan remains valid.
(f) Warning notices. The Contractor shall ensure that the
following banners are displayed on all DOS systems (both public and
private) operated by the Contractor prior to allowing anyone access
to the system:
Government Warning
**WARNING**WARNING** WARNING**
Unauthorized access is a violation of U.S. law and Department of
State policy, and may result in criminal or administrative
penalties. Users shall not access other user's or system files
without proper authority. Absence of access controls IS NOT
authorization for access! DOS information systems and related
equipment are intended for communication, transmission, processing
and storage of U.S. Government information. These systems and
equipment are subject to monitoring by law enforcement and
authorized Department officials. Monitoring may result in the
acquisition, recording, and analysis of all data being communicated,
transmitted, processed or stored in this system by law enforcement
and authorized Department officials. Use of this system constitutes
consent to such monitoring.
**WARNING**WARNING** WARNING**
(g) Privacy Act notification. The Contractor shall ensure that
the following banner is displayed on all DOS systems that contain
Privacy Act information operated by the Contractor prior to allowing
anyone access to the system:
This system contains information protected under the provisions
of the Privacy Act of 1974 (Pub. L. 93-579). Any privacy information
displayed on the screen or printed shall be protected from
unauthorized disclosure. Employees who violate privacy safeguards
may be subject to disciplinary actions, a fine of up to $5,000, or
both.
(h) Privileged or limited privileged access. Contractor
personnel requiring privileged access or limited privileged access
to systems operated by the Contractor for DOS or interconnected to a
DOS network shall adhere to the specific contract security
requirements contained within this contract and/or the Contract
Security Classification Specification (DD Form 254).
(i) Training. The Contractor shall ensure that its employees
performing under this contract receive annual IT security training
in accordance with OMB circular A-130, FISMA, and NIST requirements,
as they may be amended from time to time during the term of this
contract, with a specific emphasis on rules of behavior.
(j) Government access. The Contractor shall afford the
Government access to the Contractor's and subcontractor's
facilities, installations, operations, documentation, databases and
personnel used in performance of the contract. Access shall be
provided to the extent required to carry out a program of IT
inspection (to include vulnerability testing), investigation and
audit to safeguard against threats and hazards to the integrity,
availability and confidentiality of DOS data or to the function of
information technology systems operated on behalf of DOS, and to
preserve evidence of computer crime.
(k) Subcontracts. The Contractor shall incorporate the substance
of this clause in all subcontracts that meet the conditions in
paragraph (a) of this clause.
(l) Notification regarding employees. The Contractor shall
immediately notify the Contracting Officer when an employee either
begins or terminates employment when that employee has access to DOS
information systems or data.
(m) Termination. Failure on the part of the Contractor to comply
with the terms of this clause may result in termination of this
contract.
(End of clause)
Dated: August 28, 2007.
Corey M. Rindner,
Procurement Executive, Bureau of Administration, Department of State.
[FR Doc. E7-17752 Filed 9-7-07; 8:45 am]
BILLING CODE 4710-24-P ?>
