General Services Administration Acquisition Regulation (GSAR); Rewrite of Part 504; Administrative Matters, 59790-59793 [2012-24028]
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59790
Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
PART 401—GREAT LAKES PILOTAGE
REGULATIONS
PART 451—[AMENDED]
GENERAL SERVICES
ADMINISTRATION
207. In the table below, for each
section indicated in the left column,
remove the text indicated in the middle
column from wherever it appears, and
add, in its place, the text indicated in
the right column:
■
202. The authority citation for part
401 continues to read as follows:
■
Authority: U.S.C. 2104(a), 6101, 7701,
8105, 9303, 9304; Department of Homeland
Security Delegation No. 0170.1; 46 CFR
401.105 also issued under the authority of 44
U.S.C. 3507.
§ 401.110
[Amended]
203. Amend § 401.110 as follows:
■ a. In paragraph (a)(7), following the
words ‘‘whom he’’, add the words ‘‘or
she’’, and following the words
‘‘delegated his’’, add the words ‘‘or her’’;
and
■ b. In paragraph (a)(9), remove the text
‘‘(CG–5522)’’ and add, in its place, the
text ‘‘(CG–WWM–2), Attn: Director,
Great Lakes Pilotage, U.S. Coast
Guard,’’; and
■ c. In paragraph (a)(16), remove the
words ‘‘Director of Great Lakes Pilotage’’
and add in their place the words ‘‘Great
Lakes Pilotage Division (CG–WWM–2)’’.
■
Title 49
Section
Remove
451.1(a) .............
451.3(a) .............
451.5(b) .............
451.18(a) ...........
(CG–522)
(CG–522)
(CG–522)
(CG–522)
Add
...
...
...
...
(CG–OES).
(CG–OES).
(CG–OES).
(CG–OES).
PART 452—EXAMINATION OF
CONTAINERS
208. The authority citation for Part
452 continues to read as follows:
Authority: 46 U.S.C. 80503; Department of
Homeland Security Delegation No. 0170.1.
[Amended]
209. Amend § 452.7(a) by removing
the text ‘‘(CG–522)’’ and adding, in its
place, the text ‘‘(CG–OES)’’.
■
PART 450—GENERAL
PART 453—CONTROL AND
ENFORCEMENT
204. The authority citation for Part
450 continues to read as follows:
■
210. The authority citation for Part
453 continues to read as follows:
Authority: 46 U.S.C. 80503; Department of
Homeland Security Delegation No. 0170.1.
■
PART 450—[AMENDED]
Authority: 46 U.S.C. 80503; Department of
Homeland Security Delegation No. 0170.1.
205. In the table below, for each
section indicated in the left column,
remove the text indicated in the middle
column from wherever it appears, and
add, in its place, the text indicated in
the right column:
■
Section
Remove
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450.11(a) ...........
450.11(d) ...........
450.12(a) ...........
450.13(a) ...........
450.13(b) ...........
450.13(c) ...........
450.13(d) ...........
450.14(a)(2) ......
450.14(a)(3) ......
450.15(a) ...........
450.16(a) introductory text.
450.16(b) introductory text.
(CG–522)
(CG–522)
(CG–522)
(CG–522)
(CG–522)
(CG–522)
(CG–522)
(CG–522)
(CG–522)
(CG–522)
(CG–522)
Add
...
...
...
...
...
...
...
...
...
...
...
(CG–OES).
(CG–OES).
(CG–OES).
(CG–OES).
(CG–OES).
(CG–OES).
(CG–OES).
(CG–OES).
(CG–OES).
(CG–OES).
(CG–OES).
(CG–522) ...
(CG–OES).
PART 451—TESTING AND APPROVAL
OF CONTAINERS
PART 453—[AMENDED]
211. In the table below, for each
section indicated in the left column,
remove the text indicated in the middle
column from wherever it appears, and
add, in its place, the text indicated in
the right column:
■
Section
453.7(a)
453.7(b)
453.7(d)
453.7(e)
Remove
.............
.............
.............
.............
(CG–522)
(CG–522)
(CG–522)
(CG–522)
Add
...
...
...
...
[FR Doc. 2012–23551 Filed 9–28–12; 8:45 am]
206. The authority citation for Part
451 continues to read as follows:
■
Authority: 46 U.S.C. 80503; Department of
Homeland Security Delegation No. 0170.1.
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(CG–OES).
(CG–OES).
(CG–OES).
(CG–OES).
Dated: September 19, 2012.
Kathryn Sinniger,
Chief, Office of Regulations and
Administrative Law, United States Coast
Guard.
BILLING CODE 9110–04–P
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[GSAR Change 55; GSAR Case 2006–G510;
Docket 2008–0007; Sequence 13]
RIN 3090–AI72
General Services Administration
Acquisition Regulation (GSAR);
Rewrite of Part 504; Administrative
Matters
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule.
AGENCY:
The General Services
Administration (GSA) is amending the
General Services Administration
Acquisition Regulation (GSAR) to revise
sections of Administrative Matters and
Forms. This final rule is part of the
General Services Administration
Acquisition Manual (GSAM) rewrite
Project, in which all parts of the
regulation are being reviewed and
updated to include new statutes,
legislation, policies, and to delete
outdated information and obsolete
forms.
DATES: Effective: October 1, 2012.
FOR FURTHER INFORMATION CONTACT: Ms.
Dana Munson, Procurement Analyst, at
202–357–9652, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division
(MVCB), 1275 First Street, 7th Floor,
Washington, DC 20417, 202–501–4755.
Please cite GSAR Case 2006–G510.
SUPPLEMENTARY INFORMATION:
SUMMARY:
■
§ 452.7
48 CFR Parts 504 and 552
I. Background
This rule is a result of the GSAM
Rewrite initiative undertaken by GSA to
revise the GSAM to maintain
consistency with the Federal
Acquisition Regulation (FAR), and to
implement streamlined and innovative
acquisition procedures that contractors,
offerors, and GSA contracting personnel
can utilize when entering into and
administering contractual relationships.
The GSAM incorporates the GSAR as
well as internal agency acquisition
policy. GSA will rewrite each part of the
GSAR and GSAM, and as each GSAR
part is rewritten, will publish it in the
Federal Register. This rule covers the
rewrite of GSAR Part 504,
Administrative Matters.
On October 9, 2008, GSA published in
the Federal Register at 73 FR 59589 a
proposed rule with a request for
comments.
Two comments were received and are
addressed below. In addition, internal
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review comments were received and
have been incorporated, as appropriate.
II. Discussion and Analysis of the
Public Comments
The General Services Administration
reviewed the public comments in the
development of the final rule. Two
public comments were received from
one respondent in response to the
proposed rule. The comments and
responses are as follows:
Comment: One respondent expressed
concern that GSAR 504.1303 duplicates
information found in FAR 4.1303 and
does not add any additional or
clarifying language. Thus, the
respondent recommended deletion of
GSAR 504.1303.
Response: Nonconcur. GSAR
504.1303 provides the prescription for
inclusion of 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 GSA
controlled facilities or information
systems to perform contract
requirements.
Comment: One respondent
recommended deleting the clause at
GSAR 552.204–9, in favor of the FAR
clause 52.204–9, because the clause
does not provide any additional
information to the FAR other than vague
references to GSA requirements.
Response: Nonconcur. The GSAR
clause replaces the FAR clause when
the contractor is required to adhere to
GSA verification requirements.
Revisions to GSAR Part 504,
Administrative Matters, include
updating statutory and regulatory
references, updating titles, deleting
outdated office symbols, eliminating
confusing or redundant supplementary
material, maintaining consistency with
the FAR while eliminating duplication,
and editing text for clarity. This final
rule amends:
• GSAR Subpart 504.4, Safeguarding
Classified Information Within Industry,
to delete subtitles, renumber the section,
delete former GSAM 504.402(a)(2) and
GSAM 504.402(b)(2)in its entirety, and
includes some minor revisions for
clarity.
• GSAR 504.475, Return of classified
information, to delete outdated
references, and add a reference to the
‘‘National Industrial Security Program
Operating Manual (NISPOM)’’, and link
to the web address for NISPOM. GSAM
504.475 additionally contains some
minor revisions for clarity and to add a
new paragraph (c) to address the
contractor’s responsibility for the return
of the classified information.
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• GSAR Subpart 504.5, Electronic
Commerce in Contracting, to delete
GSAR 504.500, Scope of Part, in its
entirety. GSAR 504.502, Policy, was
revised to add language addressing the
methods of authentication used for
electronic signatures. Additionally,
paragraphs (a), (b), and (c) are deleted in
its entirety. GSAR 504.570, Procedures
for using EPS, are deleted in its entirety.
• GSAR Subpart 504.6, Contract
Reporting, to add GSAR 504.604,
Responsibilities, to address FPDS data
verification and validation requirements
and to include applicable text to address
timely and accurate input of data into
the Federal Procurement Data System
(FPDS).
• GSAR 504.602–71, Federal
Procurement Data System—Public
Access to Data, is redesignated as GSAR
504.605–70 and paragraph (a) is revised
to delete the words ‘‘Federal
Acquisition Regulation.’’
• GSAR Subpart 504.11, Central
Contractor Registration (CCR) and GSAR
504.1103, Procedures, to add the
requirement that prior to awarding a
contractual instrument, the contracting
officer verifies the prospective
contractor’s legal business name, DoingBusiness-As (DBA) name (if any),
physical street address, and Data
Universal Number System (DUNS)
number or DUNS+4 number. Further,
the contracting officer is required to
verify that the contractor’s address code
exists in GSA’s financial accounting
application (Pegasys) and that it is CCR
enabled with the contractor’s DUNS or
DUNS+4 number.
• GSAR Subpart 504.13, Personal
Identity Verification of Contractor
Personnel, and GSAR 504.1301, Policy,
to establish the requirement for ensuring
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,
Implementation of Homeland Security
Presidential Directive (HSPD)12—Policy
for a Common Identification Standard
for Federal Employees and Contractors;
Department of Commerce Federal
Information Processing Standards (FIPS)
Publication (PUB) 201; and GSA HSPD–
12 Personal Identify Verification and
Credentialing Standard Operating
Procedures.
• GSAR 504.1303, Contract Clause, to
add the prescription for GSAR clause
552.204–9, Personal Identity
Verification Requirements, which is to
be included in solicitations and
contracts when it is determined that
contractor employees will require
routine physical access to federally
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59791
controlled facilities or information
systems to perform contract
requirements.
• GSAR 552.204–9, Personal Identity
Verification Requirements, to add a
clause in contracts when it is
determined that contractor employees
will require routine physical access to
federally controlled facilities or
information systems to perform contract
requirements.
• GSAM 553.370–1720, GSA Form
1720, Request for Release of Classified
Information to U.S. Industry, to delete
the form in its entirety. This form was
removed from the GSA Forms library
due to lack of demand for printed
copies.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
The General Services Administration
certify that this final rule will not 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 changes are editorial in
nature, primarily consisting of updating
statutory and regulatory references,
updating titles, deleting outdated office
symbols, and eliminating confusing or
redundant supplementary material.
V. Paperwork Reduction Act
The final rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 504 and
552
Government procurement.
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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
Dated: September 11, 2012.
Joseph A. Neurauter,
Senior Procurement Executive/Deputy Chief
Acquisition Officer, Office of Acquisition
Policy, General Services Administration.
Therefore, GSA amends 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
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. Revise section 504.475 to read as
follows:
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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). Information on NISPOM can
be found at https://www.fas.org/sgp/
library/nispom.htm.
(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) Notification that a facility:
(i) Does not have adequate means to
safeguard classified information; or
(ii) Has had its security clearance
revoked or inactivated.
(6) Whenever otherwise instructed by
the authority responsible for the
security classification.
(c) The Government agency that
provided classified information to a
GSA contractor is responsible for the
return of the information.
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504.500
[Removed and Reserved]
4. Remove and reserve section
504.500.
■ 5. Revise section 504.502 to read as
follows:
■
504.502
Policy.
Use of electronic signatures is
encouraged and can be used to sign and
route documents in GSA’s IT systems to
contractually obligate funds. The
method of authentication used for
electronic signatures shall be consistent
with the level (1–4) determined from the
e-authentication risk assessment in
accordance with OMB M–04–04, Eauthentication Guidance for Federal
Agencies, and the respective technology
safeguards applicable to that level or
risk from National Institute of Standards
and Technology 800–63, Electronic
Authentication Guideline.
504.570
[Removed and Reserved]
6. Remove and reserve section
504.570.
■
504.602–71
[Redesignated as 504.605–70]
7. Redesignate section 504.602–71 as
section 504.605–70.
■ 8. Add section 504.604 to read as
follows:
■
504.604
Responsibilities.
(a) The Senior Procurement Executive
(SPE), in coordination with the HCA,
shall establish necessary policies to
ensure the accurate and timely input of
data into FPDS. At a minimum, the SPE
and the HCA shall ensure that the
following procedures are implemented.
(1) Contract writing systems capable
of reporting directly into FPDS shall be
configured to do so as a condition of
making an award.
(2) To ensure the accuracy of data
entered, reports of actions awarded shall
be routinely generated from the contract
writing system, examined and compared
to data contained in FPDS to assure that
those actions have been reported
accurately to FPDS.
(3) Organizations without a contract
writing system shall report the data
using the FPDS web portal interface not
later than 14 days after an award is
made. To ensure data entry and
accuracy, logs of contract actions shall
must be regularly reviewed and
compared to data entries in FPDS.
(4) HCAs shall also verify and validate
accuracy of the data and ensure contract
awards have been entered into FPDS
within the appropriate time frames.
(b) Contracting officers are the
individuals primarily responsible for
the accuracy of data submitted to FPDS
as well as the submission and accuracy
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of the individual contract action report
(CAR).
(c) The contracting officer shall, at a
minimum, take the following steps
necessary to verify the accuracy of the
CAR:
(1) In the case of a contract writing
system, review the CAR information for
accuracy and completeness prior to
submission to FPDS and prior to the
release of the contract award.
(2) In the absence of a Contract
Writing System, ensure that the CAR
information is submitted to FPDS
within 14 days after contract award.
(3) To further assure accurate contract
data, consider including a copy of the
CAR with award documents sent to the
contractor for the contractor’s
knowledge review and information.
(d) The Chief Acquisition Officer
(CAO) shall periodically statistically
sample the GSA FPDS file and provide
a list of transactions to the contracting
activities for certification.
(1) The review process should include
procedures, comparisons of contract file
data to FPDS data entries, and
comparisons of printouts of FPDS data
to their contract writing system data for
accuracy.
(2) The verification and validation
shall be conducted by an organization or
person that did not award the contracts
being reviewed. HCAs may institute any
appropriate process that complies with
this requirement.
(3) HCAs shall provide certifications
of the accuracy, timeliness and validity
of their FPDS data on a quarterly basis
to the CAO based on the list of
transactions provided to HCAs under
paragraph (d) of this section.
Certifications to the CAO shall include
a description of the means used to verify
the accuracy and completeness of the
data and a statement that all
discrepancies found have been
corrected.
(e) The CAO will provide the annual
certification of GSA’s FPDS data to
OMB required by FAR 4.604(c). This
certification will be based on the
Regional and Heads of Services and
Staff Offices’ reviews and certifications
and the CAO’s review. Certifications are
due not later than 15 working days after
the end of the quarter.
504.605–70
[Amended]
9. Amend the newly redesignated
section 504.605–70 by removing from
paragraph (a) ‘‘Federal Acquisition
Regulation (FAR) Subpart’’ and adding
‘‘FAR subpart’’ in its place.
■ 10. Add Subpart 504.11 to read as
follows:
■
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Subpart 504.11—Central Contractor
Registration
Subpart 504.13—Personal Identity
Verification of Contractor Personnel
Sec.
504.1103
504.1301
Procedures.
Subpart 504.11—Central Contractor
Registration
504.1103
Procedures.
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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 legal business name, DoingBusiness-As (DBA) name (if any),
physical street address, and Data
Universal Number System (DUNS)
number or DUNS+4 number, as found in
the CCR, match the information that
will be included in the contract, order,
or agreement resulting from the vendor’s
quote or proposal. Correct any
mismatches by having the vendor
amend the information in the CCR and/
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.)
(4) Unless one of the exceptions to
registration in CCR applies (see FAR
4.1102(a)), the contracting officer must
not award a contract to a prospective
contractor who is not registered in CCR.
If no exceptions are applicable, and the
needs of the requiring activity allows for
a delay in award, see FAR 4.1103(b)(1).
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 access
to federally controlled facilities or
information systems to perform contract
requirements.
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
12. 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)
(a) The contractor shall comply with GSA
personal identity verification requirements,
identified at https://www.gsa.gov/hspd12, if
contractor employees require access to GSA
controlled facilities or information systems to
perform contract requirements.
(b) The Contractor shall insert this clause
in all subcontracts when the subcontractor is
required to have access to a GSA-controlled
facility or access to a GSA-controlled
information system.
(End of clause)
[FR Doc. 2012–24028 Filed 9–28–12; 8:45 am]
BILLING CODE 6820–61–P
11. Add Subpart 504.13 to read as
follows:
■
Subpart 504.13—Personal Identity
Verification of Contractor Personnel
Sec.
504.1301
504.1303
Policy.
Contract clause.
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Policy.
Contracting officers must follow the
procedures contained in CIO P2181.1—
GSA HSPD–12 Personal Identity
Verification and Credentialing
Handbook, which may be obtained from
the CIO Office of Enterprise Solutions,
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
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49 CFR Part 33
[Docket No. OST 2010–0298]
RIN 2105–AD83
Prioritization and Allocation Authority
Exercised by the Secretary of
Transportation Under the Defense
Production Act
Office of the Secretary of
Transportation (OST), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
This final rule clarifies the
priorities and allocation authorities
exercised by the Secretary of
Transportation (Secretary) under title I
of the Defense Production Act of 1950
(Defense Production Act), and
establishes the administrative
procedures by which the Secretary will
exercise this authority. In addition, in
this final rule the Department is seeking
comments on certain revised definitions
found in section 33.20. This rule
complies with the requirement in the
Defense Production Act Reauthorization
of 2009 (Pub. L. 111–67) to issue final
rules establishing standards and
procedures by which the priorities and
allocations authority is used to promote
the national defense, under both
emergency and nonemergency
conditions, and is part of a multi-agency
effort that forms the Federal Priorities
and Allocations System.
DATES: This rule is effective on
November 30, 2012. Comment Closing
Date: Comments on the revised
definitions are due on October 31, 2012.
ADDRESSES: You may submit written
comments on the revised definitions, as
well as those regarding the burden-hour
estimates or other aspects of the
information collection requirements,
(identified by the agency name and DOT
Docket ID Number OST–2010–0298) by
any of the following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov and follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
SUMMARY:
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[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59790-59793]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24028]
=======================================================================
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 504 and 552
[GSAR Change 55; GSAR Case 2006-G510; Docket 2008-0007; Sequence 13]
RIN 3090-AI72
General Services Administration Acquisition Regulation (GSAR);
Rewrite of Part 504; Administrative Matters
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) to revise
sections of Administrative Matters and Forms. This final rule is part
of the General Services Administration Acquisition Manual (GSAM)
rewrite Project, in which all parts of the regulation are being
reviewed and updated to include new statutes, legislation, policies,
and to delete outdated information and obsolete forms.
DATES: Effective: October 1, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Dana Munson, Procurement Analyst,
at 202-357-9652, for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division (MVCB), 1275 First Street, 7th Floor, Washington,
DC 20417, 202-501-4755. Please cite GSAR Case 2006-G510.
SUPPLEMENTARY INFORMATION:
I. Background
This rule is a result of the GSAM Rewrite initiative undertaken by
GSA to revise the GSAM to maintain consistency with the Federal
Acquisition Regulation (FAR), and to implement streamlined and
innovative acquisition procedures that contractors, offerors, and GSA
contracting personnel can utilize when entering into and administering
contractual relationships. The GSAM incorporates the GSAR as well as
internal agency acquisition policy. GSA will rewrite each part of the
GSAR and GSAM, and as each GSAR part is rewritten, will publish it in
the Federal Register. This rule covers the rewrite of GSAR Part 504,
Administrative Matters.
On October 9, 2008, GSA published in the Federal Register at 73 FR
59589 a proposed rule with a request for comments.
Two comments were received and are addressed below. In addition,
internal
[[Page 59791]]
review comments were received and have been incorporated, as
appropriate.
II. Discussion and Analysis of the Public Comments
The General Services Administration reviewed the public comments in
the development of the final rule. Two public comments were received
from one respondent in response to the proposed rule. The comments and
responses are as follows:
Comment: One respondent expressed concern that GSAR 504.1303
duplicates information found in FAR 4.1303 and does not add any
additional or clarifying language. Thus, the respondent recommended
deletion of GSAR 504.1303.
Response: Nonconcur. GSAR 504.1303 provides the prescription for
inclusion of 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 GSA
controlled facilities or information systems to perform contract
requirements.
Comment: One respondent recommended deleting the clause at GSAR
552.204-9, in favor of the FAR clause 52.204-9, because the clause does
not provide any additional information to the FAR other than vague
references to GSA requirements.
Response: Nonconcur. The GSAR clause replaces the FAR clause when
the contractor is required to adhere to GSA verification requirements.
Revisions to GSAR Part 504, Administrative Matters, include
updating statutory and regulatory references, updating titles, deleting
outdated office symbols, eliminating confusing or redundant
supplementary material, maintaining consistency with the FAR while
eliminating duplication, and editing text for clarity. This final rule
amends:
GSAR Subpart 504.4, Safeguarding Classified Information
Within Industry, to delete subtitles, renumber the section, delete
former GSAM 504.402(a)(2) and GSAM 504.402(b)(2)in its entirety, and
includes some minor revisions for clarity.
GSAR 504.475, Return of classified information, to delete
outdated references, and add a reference to the ``National Industrial
Security Program Operating Manual (NISPOM)'', and link to the web
address for NISPOM. GSAM 504.475 additionally contains some minor
revisions for clarity and to add a new paragraph (c) to address the
contractor's responsibility for the return of the classified
information.
GSAR Subpart 504.5, Electronic Commerce in Contracting, to
delete GSAR 504.500, Scope of Part, in its entirety. GSAR 504.502,
Policy, was revised to add language addressing the methods of
authentication used for electronic signatures. Additionally, paragraphs
(a), (b), and (c) are deleted in its entirety. GSAR 504.570, Procedures
for using EPS, are deleted in its entirety.
GSAR Subpart 504.6, Contract Reporting, to add GSAR
504.604, Responsibilities, to address FPDS data verification and
validation requirements and to include applicable text to address
timely and accurate input of data into the Federal Procurement Data
System (FPDS).
GSAR 504.602-71, Federal Procurement Data System--Public
Access to Data, is redesignated as GSAR 504.605-70 and paragraph (a) is
revised to delete the words ``Federal Acquisition Regulation.''
GSAR Subpart 504.11, Central Contractor Registration (CCR)
and GSAR 504.1103, Procedures, to add the requirement that prior to
awarding a contractual instrument, the contracting officer verifies the
prospective contractor's legal business name, Doing-Business-As (DBA)
name (if any), physical street address, and Data Universal Number
System (DUNS) number or DUNS+4 number. Further, the contracting officer
is required to verify that the contractor's address code exists in
GSA's financial accounting application (Pegasys) and that it is CCR
enabled with the contractor's DUNS or DUNS+4 number.
GSAR Subpart 504.13, Personal Identity Verification of
Contractor Personnel, and GSAR 504.1301, Policy, to establish the
requirement for ensuring 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, Implementation of Homeland Security Presidential
Directive (HSPD)12--Policy for a Common Identification Standard for
Federal Employees and Contractors; Department of Commerce Federal
Information Processing Standards (FIPS) Publication (PUB) 201; and GSA
HSPD-12 Personal Identify Verification and Credentialing Standard
Operating Procedures.
GSAR 504.1303, Contract Clause, to add the prescription
for GSAR clause 552.204-9, Personal Identity Verification Requirements,
which is to be included 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.
GSAR 552.204-9, Personal Identity Verification
Requirements, to add a clause in contracts when it is determined that
contractor employees will require routine physical access to federally
controlled facilities or information systems to perform contract
requirements.
GSAM 553.370-1720, GSA Form 1720, Request for Release of
Classified Information to U.S. Industry, to delete the form in its
entirety. This form was removed from the GSA Forms library due to lack
of demand for printed copies.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The General Services Administration certify that this final rule
will not 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 changes are editorial in nature,
primarily consisting of updating statutory and regulatory references,
updating titles, deleting outdated office symbols, and eliminating
confusing or redundant supplementary material.
V. Paperwork Reduction Act
The final rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 504 and 552
Government procurement.
[[Page 59792]]
Dated: September 11, 2012.
Joseph A. Neurauter,
Senior Procurement Executive/Deputy Chief Acquisition Officer, Office
of Acquisition Policy, General Services Administration.
Therefore, GSA amends 48 CFR parts 504 and 552 as set forth below:
0
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
0
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 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.
0
3. Revise section 504.475 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).
Information on NISPOM can be found at https://www.fas.org/sgp/library/nispom.htm.
(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) Notification that a facility:
(i) Does not have adequate means to safeguard classified
information; or
(ii) Has had its security clearance revoked or inactivated.
(6) Whenever otherwise instructed by the authority responsible for
the security classification.
(c) The Government agency that provided classified information to a
GSA contractor is responsible for the return of the information.
504.500 [Removed and Reserved]
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4. Remove and reserve section 504.500.
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5. Revise section 504.502 to read as follows:
504.502 Policy.
Use of electronic signatures is encouraged and can be used to sign
and route documents in GSA's IT systems to contractually obligate
funds. The method of authentication used for electronic signatures
shall be consistent with the level (1-4) determined from the e-
authentication risk assessment in accordance with OMB M-04-04, E-
authentication Guidance for Federal Agencies, and the respective
technology safeguards applicable to that level or risk from National
Institute of Standards and Technology 800-63, Electronic Authentication
Guideline.
504.570 [Removed and Reserved]
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6. Remove and reserve section 504.570.
504.602-71 [Redesignated as 504.605-70]
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7. Redesignate section 504.602-71 as section 504.605-70.
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8. Add section 504.604 to read as follows:
504.604 Responsibilities.
(a) The Senior Procurement Executive (SPE), in coordination with
the HCA, shall establish necessary policies to ensure the accurate and
timely input of data into FPDS. At a minimum, the SPE and the HCA shall
ensure that the following procedures are implemented.
(1) Contract writing systems capable of reporting directly into
FPDS shall be configured to do so as a condition of making an award.
(2) To ensure the accuracy of data entered, reports of actions
awarded shall be routinely generated from the contract writing system,
examined and compared to data contained in FPDS to assure that those
actions have been reported accurately to FPDS.
(3) Organizations without a contract writing system shall report
the data using the FPDS web portal interface not later than 14 days
after an award is made. To ensure data entry and accuracy, logs of
contract actions shall must be regularly reviewed and compared to data
entries in FPDS.
(4) HCAs shall also verify and validate accuracy of the data and
ensure contract awards have been entered into FPDS within the
appropriate time frames.
(b) Contracting officers are the individuals primarily responsible
for the accuracy of data submitted to FPDS as well as the submission
and accuracy of the individual contract action report (CAR).
(c) The contracting officer shall, at a minimum, take the following
steps necessary to verify the accuracy of the CAR:
(1) In the case of a contract writing system, review the CAR
information for accuracy and completeness prior to submission to FPDS
and prior to the release of the contract award.
(2) In the absence of a Contract Writing System, ensure that the
CAR information is submitted to FPDS within 14 days after contract
award.
(3) To further assure accurate contract data, consider including a
copy of the CAR with award documents sent to the contractor for the
contractor's knowledge review and information.
(d) The Chief Acquisition Officer (CAO) shall periodically
statistically sample the GSA FPDS file and provide a list of
transactions to the contracting activities for certification.
(1) The review process should include procedures, comparisons of
contract file data to FPDS data entries, and comparisons of printouts
of FPDS data to their contract writing system data for accuracy.
(2) The verification and validation shall be conducted by an
organization or person that did not award the contracts being reviewed.
HCAs may institute any appropriate process that complies with this
requirement.
(3) HCAs shall provide certifications of the accuracy, timeliness
and validity of their FPDS data on a quarterly basis to the CAO based
on the list of transactions provided to HCAs under paragraph (d) of
this section. Certifications to the CAO shall include a description of
the means used to verify the accuracy and completeness of the data and
a statement that all discrepancies found have been corrected.
(e) The CAO will provide the annual certification of GSA's FPDS
data to OMB required by FAR 4.604(c). This certification will be based
on the Regional and Heads of Services and Staff Offices' reviews and
certifications and the CAO's review. Certifications are due not later
than 15 working days after the end of the quarter.
504.605-70 [Amended]
0
9. Amend the newly redesignated section 504.605-70 by removing from
paragraph (a) ``Federal Acquisition Regulation (FAR) Subpart'' and
adding ``FAR subpart'' in its place.
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10. Add Subpart 504.11 to read as follows:
[[Page 59793]]
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 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, match the information that will be included in the
contract, order, or agreement resulting from the vendor's quote or
proposal. Correct any mismatches by having the vendor amend the
information in the CCR and/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.)
(4) Unless one of the exceptions to registration in CCR applies
(see FAR 4.1102(a)), the contracting officer must not award a contract
to a prospective contractor who is not registered in CCR. If no
exceptions are applicable, and the needs of the requiring activity
allows for a delay in award, see FAR 4.1103(b)(1).
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11. 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 CIO
P2181.1--GSA HSPD-12 Personal Identity Verification and Credentialing
Handbook, which may be obtained from the CIO Office of Enterprise
Solutions, 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 access to federally controlled
facilities or information systems to perform contract requirements.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
12. 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)
(a) The contractor shall comply with GSA personal identity
verification requirements, identified at https://www.gsa.gov/hspd12,
if contractor employees require access to GSA controlled facilities
or information systems to perform contract requirements.
(b) The Contractor shall insert this clause in all subcontracts
when the subcontractor is required to have access to a GSA-
controlled facility or access to a GSA-controlled information
system.
(End of clause)
[FR Doc. 2012-24028 Filed 9-28-12; 8:45 am]
BILLING CODE 6820-61-P
