Federal Acquisition Regulation: Requirements for DD Form 254, Contract Security Classification Specification, 33201-33205 [2019-14379]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Proposed Rules
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 3, 2019.
Deborah Szaro,
Acting Regional Administrator, EPA
Region 1.
[FR Doc. 2019–14838 Filed 7–11–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 2, 4, 52, and 53
[FAR Case 2015–002; Docket No. 2015–
0002, Sequence No. 1]
jbell on DSK3GLQ082PROD with PROPOSALS
RIN 9000–AN40
Federal Acquisition Regulation:
Requirements for DD Form 254,
Contract Security Classification
Specification
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
VerDate Sep<11>2014
16:41 Jul 11, 2019
Jkt 247001
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
DoD, GSA, and NASA are
proposing to amend the Federal
Acquisition Regulation (FAR) to require
electronic submission of the DD Form
254, Contract Security Classification
Specification.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat Division at one of the
addresses shown below on or before
September 10, 2019 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments in
response to FAR Case 2015–002 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FAR Case 2015–002’’.
Select the link ‘‘Comment Now’’ that
corresponds with ‘‘FAR Case 2015–
002’’. Follow the instructions provided
on the screen. Please include your
name, company name (if any), and
‘‘FAR Case 2015–002’’ on your attached
document.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), ATTN: Lois Mandell,
1800 F Street NW, Second Floor,
Washington, DC 20405.
Instructions: Please submit comments
only and cite ‘‘FAR case 2015–002’’ in
all correspondence related to this case.
All comments received will be posted,
without change, to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr.
Curtis E. Glover, Sr., Procurement
Analyst, at (202) 501–1448 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at (202) 501–4755.
Please cite ‘‘FAR case 2015–002’’.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD, GSA, and NASA are proposing
to amend the FAR to update and clarify
the requirements for using the DD Form
254, Contract Security Classification
Specification. The Government uses the
DD Form 254 to convey security
requirements to contractors when
contract performance requires access to
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
33201
classified information. Prime
contractors also use the DD Form 254 to
convey security requirements to
subcontractors that require access to
classified information to perform on a
subcontract. Subcontractors may also
use the DD Form 254 if access to
classified information is required to
convey security requirements to
additional subcontractors.
The Defense Security Service has
oversight responsibilities for contractors
and subcontractors requiring access to
classified information under contracts
awarded by agencies covered by the
National Industrial Security Program,
i.e., DoD components, and nondefense
agencies that have industrial security
services agreements with DoD. The
National Industrial Security Program
was established under Executive Order
(E.O.) 12829 as a single, integrated
program across the Executive Branch
designed to safeguard classified
information released to contractors. As
one of five National Industrial Security
Program cognizant security agencies,
DoD is responsible for providing
industrial security oversight services to
DoD and those nondefense agencies that
have industrial security services
agreements with DoD.
The National Industrial Security
Program Contracts Classification System
is a module within the Procurement
Integrated Enterprise Environment
(PIEE), (formerly the Wide Area
WorkFlow application). The module
provides a centralized repository for
classified contract security requirements
and automates DD Form 254 processes
and workflows.
II. Discussion and Analysis
This rule proposes to amend the FAR
to provide procedures for use of the DD
Form 254 and the requirement to use
the PIEE, to—
• Streamline the submission process
for the existing DD Form 254 and enable
businesses to submit an electronic form
once, instead of repeated paper
submissions;
• Require use of the DD Form 254 by
nondefense agencies that have
industrial security services agreements
with DoD, and DoD components, to
specify the security classification for a
contract involving access to information
classified as ‘‘Confidential,’’ ‘‘Secret,’’ or
‘‘Top Secret;’’
• Require agency preparation of the
DD Form 254 using the National
Industrial Security Program Contracts
Classification System module of the
PIEE unless a nondefense agency has an
existing DD Form 254 information
system;
• Clarify that—
E:\FR\FM\12JYP1.SGM
12JYP1
33202
Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Proposed Rules
jbell on DSK3GLQ082PROD with PROPOSALS
Æ Each contractor and subcontractor
location of performance listed on a DD
Form 254 is required to have a unique
CAGE code; and
Æ Registration in the System for
Award Management is not required for
contractor and subcontractor
performance locations solely for the
purposes of the DD Form 254.
The rule adds an Alternate I to the
provision at FAR 52.204–16,
Commercial and Government Entity
(CAGE) Code Reporting, to address that
prime contractors shall ensure
subcontractors under classified
solicitations provide the location of
subcontractor performance listed on the
DD Form 254 to reflect a corresponding
unique CAGE code for each listed
location unless the work is being
performed at a Government facility, in
which case the agency location code
shall be used. FAR provision 52.204–16
is used when FAR 52.204–6, Unique
Entity Identifier, or 52.204–7, System
for Award Management, is used. The
provision with its Alternate I is used
when the clause 52.204–2, Security
requirements is included. The rule also
adds a new Alternate I to FAR 52.204–
18, Commercial and Government Entity
Code Maintenance, that requires prime
contractors to ensure that subcontractors
maintain their CAGE code(s) throughout
the life of the contract when the contract
may require access to classified
information (unless the contracting
agency is not covered by the NISP and
has prescribed a clause and alternates
that are substantially the same as those
at 52.204–2, Security Requirements) and
if the provision 52.204–16, Commercial
and Government Entity Code Reporting,
is used with its Alternate I.
The rule also relocates the definition
of CAGE code to FAR subpart 2.1,
Definitions, from FAR subpart 4.18,
since the term is used in multiple FAR
sections and clauses.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This proposed rule does not create
any new provisions or clauses, nor does
it change the applicability of any
existing provisions or clauses included
in solicitations and contracts valued at
or below the SAT, or for commercial
items, including COTS items.
IV. Executive Order 13771
This rule is not subject to E.O. 13771,
Reducing Regulation and Controlling
Regulatory Costs, because this rule is
not a significant regulatory action under
E.O. 12866.
VerDate Sep<11>2014
16:41 Jul 11, 2019
Jkt 247001
V. Executive Orders 12866 and 13563
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.
VI. Regulatory Flexibility Act
DoD, GSA, and NASA do 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 creates minimal
requirements. The initial regulatory
flexibility analysis (IRFA) has been
prepared and is summarized as follows:
DoD, GSA, and NASA are proposing to
amend the Federal Acquisition Regulation
(FAR) to require electronic submission of the
DD Form 254, Contract Security
Classification Specification.
The objective of this proposed rule is to
revise the FAR to update and clarify the
requirements for using the DD Form 254,
Contract Security Classification
Specification. The Government uses the DD
Form 254 to convey security requirements to
contractors when contract performance
requires access to classified information.
Prime contractors also use the DD Form 254
to convey security requirements to
subcontractors that require access to
classified information to perform on a
subcontract. Subcontractors may also use the
DD Form 254 if access to classified
information is required to convey security
requirements to additional subcontractors.
DoD, GSA, and NASA do not expect that
this proposed rule will 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. The proposed rule would apply to small
businesses awarded contracts or subcontracts
by Executive agencies covered by the
National Industrial Security Program that
require access to classified information.
Currently, the Defense Security Service
monitors approximately 13,500 contractor
facilities that are cleared for access to
classified information. Approximately 9,000
facilities are considered less-complex, which
includes small businesses and smaller
security operations. Subject matter experts
estimate that 5,400 (60 percent) of the 9,000
less-complex facilities are small businesses.
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
The proposed rule does not impose any
Paperwork Reduction Act reporting,
recordkeeping, or other compliance
requirements on any small entities.
The proposed rule does not impose any
new reporting, recordkeeping or other
compliance requirements. The rule does not
duplicate, overlap, or conflict with any other
Federal rules.
There are no significant alternatives to the
rule which accomplish the stated objectives
of applicable statutes and which minimize
any significant economic impact of the rule
on small entities.
The Regulatory Secretariat Division
has submitted a copy of the IRFA to the
Chief Counsel for Advocacy of the Small
Business Administration. A copy of the
IRFA may be obtained from the
Regulatory Secretariat Division. DoD,
GSA and NASA invite comments from
small business concerns and other
interested parties on the expected
impact of this rule on small entities.
DoD, GSA, and NASA will also
consider comments from small entities
concerning the existing regulations in
subparts affected by this rule consistent
with 5 U.S.C. 610. Interested parties
must submit such comments separately
and should cite 5 U.S.C. 610 (FAR Case
2015–002) in correspondence.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) applies; however, the
proposed changes to the FAR do not
impose additional information
collection requirements to the
paperwork burden previously approved
under the Office of Management and
Budget (OMB) Control Number 0704–
0567, entitled ‘‘Department of Defense
Contract Security Classification
Specification’’.
The proposed rule also touches but
does not impact information collection
requirements concerning the CAGE
code. OMB Control Number 9000–0185,
Commercial and Government Entity
Code was established by OMB under
FAR case 2012–024, but requires final
clearance under this case. This
clearance covers the following: Offerors
that do not already have a CAGE code
to obtain and provide a CAGE code
referred to as North Atlantic Treaty
Organization (NATO) CAGE (NCAGE)
code for foreign entities; offerors to
represent whether they are owned or
controlled by another entity, and if so,
to provide the CAGE code and name of
such entity; and contractors to
communicate any change to the CAGE
code to the contracting officer within 30
days after the change. As a part of this
case, the Regulatory Secretariat has
submitted a request for approval of this
information collection requirement to
OMB.
E:\FR\FM\12JYP1.SGM
12JYP1
jbell on DSK3GLQ082PROD with PROPOSALS
Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Proposed Rules
A. Public reporting burden for the
collection of information under OMB
Control number 9000–0185 includes the
time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information. The
annual reporting burden is estimated as
follows:
Respondents: 735.
Total annual responses: 11,358.
Total burden hours: 5,616.75.
B. Request for Comments Regarding
Paperwork Burden. DoD, GSA and
NASA are soliciting comments from the
public in order to:
• Evaluate whether this collection of
information is necessary for the proper
performance of the functions of the
FAR, including whether the information
will have practical utility;
• Evaluate the accuracy of the
estimate of the burden, including the
validity of the methodology and
assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate collection techniques
or other forms of information
technology.
Organizations and individuals
desiring to submit comments on the
information collection requirements
should submit comments no later than
September 10, 2019 to: FAR Desk
Officer, OMB, Room 10102, NEOB,
Washington, DC 20503, and a copy
GSA. The copy to GSA can be submitted
by either of the following methods:
• Federal eRulemaking Portal: This
website provides the ability to type
short comments directly into the
comment field or attach a file for
lengthier comments. Go to https://
www.regulations.gov and follow the
instructions on the site.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), 1800 F Street NW,
2nd Floor, Washington, DC 20405.
ATTN: Lois Mandell/IC 9000–0185,
Commercial and Government Entity
Code.
Instructions: All items submitted
must cite Information Collection 9000–
0185, Commercial and Government
Entity Code. Comments received
generally will be posted without change
to https://www.regulations.gov, including
any personal and/or business
confidential information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately two to three days after
VerDate Sep<11>2014
17:22 Jul 11, 2019
Jkt 247001
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail). Requesters may
obtain a copy of the supporting
statement from the General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Lois Mandell, 1800 F
Street NW, 2nd Floor, Washington, DC
20405–0001. Please cite OMB Control
Number 9000–0185, Commercial and
Government Entity Code, in all
correspondence.
List of Subjects in 48 CFR Parts 1, 2, 4,
52, and 53
Government procurement.
William Clark,
Director, Office of Government-Wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-Wide Policy.
Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 1, 2, 4,
52, and 53 as set forth below:
■ 1. The authority citation for 48 CFR
parts 1, 2, 4, 52, and 53 continues to
read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
PART 1—FEDERAL ACQUISITION
REGULATIONS SYSTEM
2. In section 1.106 amend the table by
adding an entry for FAR segment ‘‘DD
Form 254’’ t read as follows:
■
OMB
control
No.
FAR segment
*
*
*
*
*
DD Form 254 .............................. 0704–0567
PART 2—DEFINITIONS OF WORDS
AND TERMS
3. In section 2.101, amend paragraph
(b) by adding in alphabetical order the
defined term ‘‘Commercial and
Government Entity (CAGE) code’’ to
read as follows:
*
*
*
*
*
(b) * * *
Commercial and Government Entity
(CAGE) code means—
(1) An identifier assigned to entities
located in the United States or its
outlying areas by the Defense Logistics
Agency (DLA) Commercial and
Government Entity (CAGE) Branch to
identify a commercial or government
entity by unique location; or
(2) An identifier assigned by a
member of the North Atlantic Treaty
Organization (NATO) or by the NATO
Support and Procurement Agency
(NSPA) to entities located outside the
United States and its outlying areas that
■
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
33203
the DLA Commercial and Government
Entity (CAGE) Branch records and
maintains in the CAGE master file. This
type of code is known as a NATO CAGE
(NCAGE) code.
*
*
*
*
*
PART 4—ADMINISTRATIVE MATTERS
4. Amend section 4.402 by—
a. Removing from paragraph (b)
introductory text ‘‘and the Director of
Central Intelligence,’’ and adding ‘‘the
Director of National Intelligence, and
the Secretary of Homeland Security’’ in
its place;
■ b. Removing from paragraph (b)(2)
‘‘Industrial Security Regulation (DOD
5220.22–R).’’ and adding ‘‘DoD Manual
5220.22, Volume 2, ‘‘National Industrial
Security Program: Industrial Security
Procedures for Government
Activities.’’ ’’ in its place; and
■ c. Redesignating paragraph (d) as (e),
and adding a new paragraph (d) to read
as follows:
■
■
4.402
General.
*
*
*
*
*
(d) Nondefense agencies that have
industrial security services agreements
with DoD, and DoD components, shall
use the DD Form 254, Contract Security
Classification Specification, to provide
security classification guidance to U.S.
contractors, and subcontractors as
applicable, requiring access to
information classified as ‘‘Confidential’’,
‘‘Secret’’, or ‘‘Top Secret’’.
(1) Provided that the data submittal is
unclassified, the DD Form 254 shall be
completed electronically in the NISP
Contract Classification System (NCCS),
which is accessible via the Procurement
Integrated Enterprise Environment
(PIEE) at https://wawf.eb.mil unless a
nondefense agency has an existing DD
Form 254 information system.
(2)(i) A contractor, or subcontractor (if
applicable), requiring access to
classified information under a contract
shall be identified with a Commercial
and Government Entity (CAGE) code on
the DD Form 254 (see subpart 4.18 for
information on obtaining and validating
CAGE codes).
(ii) Each location of contractor or
subcontractor performance listed on the
DD Form 254 is required to reflect a
corresponding unique CAGE code for
each listed location unless the work is
being performed at a Government
facility, in which case the agency
location code shall be used.
(iii) Contractor and subcontractor
performance locations listed on the DD
Form 254 are not required to be
separately registered in the System for
Award Management (SAM) solely for
E:\FR\FM\12JYP1.SGM
12JYP1
33204
Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Proposed Rules
the purposes of a DD Form 254 (see
subpart 4.11 for information on
registering in SAM).
*
*
*
*
*
■ 5. Amend section 4.403 by removing
from paragraph (c) introductory text
‘‘contract as follows’’ and adding
‘‘contract as identified in the
requirement documentation as follows’’
in its place, and revising paragraph
(c)(1) to read as follows:
Code Maintenance in all solicitations
and contracts when the solicitation
contains the provision at 52.204–16,
Commercial and Government Entity
Code Reporting.
(2) Use the clause with its Alternate
I when the provision 52.204–16,
Commercial and Government Entity
Code Reporting, is used with its
Alternate I.
*
*
*
*
*
4.403 Responsibilities of contracting
officers.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
*
*
*
*
*
(c) * * *
(1) Nondefense agencies that have
industrial security services agreements
with DoD, and DoD components, shall
use the Contract Security Classification
Specification, DD Form 254. The
contracting officer, or authorized
representative, is the approving official
for the DD Form 254 associated with the
prime contract and shall—
(i) Ensure the DD Form 254 is
properly prepared and distributed; and
(ii) Coordinate with requirements and
security personnel in accordance with
agency procedures to complete the DD
Form 254, including when completed in
the NCCS accessible via the
Procurement Integrated Enterprise
Environment (PIEE) at https://
wawf.eb.mil unless a nondefense agency
has an existing DD Form 254
information system.
*
*
*
*
*
4.1801
[Amended]
6. Amend section 4.1801 by removing
the term ‘‘Commercial and Government
Entity (CAGE) code’’.
■ 7. Amend section 4.1802 by revising
the paragraph (a) introductory text to
read as follows:
■
4.1802
Policy
(a) Commercial and Government
Entity (CAGE) code. * * *
*
*
*
*
*
■ 8. Amend section 4.1804 by revising
paragraphs (a) and (c) to read as follows:
jbell on DSK3GLQ082PROD with PROPOSALS
4.1804 Solicitation provisions and
contract clause.
(a)(1) Insert the provision at 52.204–
16, Commercial and Government Entity
Code Reporting, in all solicitations that
include—
(i) 52.204–6, Unique Entity Identifier;
or
(ii) 52.204–7, System for Award
Management.
(2) Use the provision with its
Alternate I when the clause 52.204–2,
Security Requirements, is used.
*
*
*
*
*
(c) (1) Insert the clause at 52.204–18,
Commercial and Government Entity
VerDate Sep<11>2014
16:41 Jul 11, 2019
Jkt 247001
9. Amend section 52.204–16 by—
a. Revising the date of the provision;
b. Removing from the end of
paragraph (a)(1) ‘‘entity; or’’ and adding
‘‘entity by unique location; or’’ in its
place;
■ c. Revising paragraph (b) and (c)(1);
■ d. Removing from paragraph (c)(2)
‘‘offeror’’ twice and adding ‘‘Offeror’’ in
their places, respectively;
■ e. Removing from paragraph (c)(3)
‘‘NSPA’’ and adding ‘‘NATO Support
and Procurement Agency (NSPA)’’ in its
place;
■ f. Removing from paragraph (e)
‘‘Code’’ three times and adding ‘‘code’’
in their places, respectively; and
■ g. Adding an Alternate I.
The revisions and addition read as
follows:
■
■
■
52.204–16 Commercial and Government
Entity Code Reporting.
*
*
*
*
*
Commercial and Government Entity
Code Reporting ([DATE])
*
*
*
*
*
(b) The Offeror shall provide its CAGE
code with its offer with its name and
address or otherwise include it
prominently in its proposal. The CAGE
code must be for that name and address.
Insert the word ‘‘CAGE’’ before the
number. The CAGE code is required
prior to award.
(c) * * *
(1) Registration in the System for
Award Management (SAM) at
www.sam.gov. If the Offeror is located in
the United States or its outlying areas
and does not already have a CAGE code
assigned, the Defense Logistics Agency
(DLA) Commercial and Government
Entity (CAGE) Branch will assign a
CAGE code as a part of the SAM
registration process. SAM registrants
located outside the United States and its
outlying areas shall obtain a North
Atlantic Treaty Organization (NATO)
CAGE (NCAGE) code prior to
registration in SAM (see paragraph (c)(3)
of this provision).
*
*
*
*
*
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
Alternate I ([DATE]). As prescribed at
4.1804(a), add the following additional
paragraph (g).
(g) A subcontractor requiring access to
classified information under a contract
shall be identified with a Commercial
and Government Entity (CAGE) code on
the DD Form 254. A subcontractor
requiring access to classified
information shall provide its CAGE code
with its name and address or otherwise
include it prominently in the proposal.
Each location of subcontractor
performance listed on the DD Form 254
is required to reflect a corresponding
unique CAGE code for each listed
location unless the work is being
performed at a Government facility, in
which case the agency location code
shall be used. The CAGE code must be
for that name and address. Insert the
word ‘‘CAGE’’ before the number. The
CAGE code is required prior to award.
*
*
*
*
*
■ 10. Amend section 52.204–17 by
revising the provision title and date and
removing from paragraph (a)(1) ‘‘entity;
or’’ and adding ‘‘entity by unique
location; or’’ in its place.
The revision reads as follows:
52.204–17
Offeror.
Ownership or Control of
*
*
*
*
*
Ownership or Control of Offeror
([DATE])
*
*
*
*
*
■ 11. Amend section 52.204–18 by—
■ a. Revising the date of the clause;
■ b. Removing from paragraph (a)(1)
‘‘entity; or’’ and adding ‘‘entity by
unique location; or’’ in its place;
■ c. Removing from paragraph (b)
‘‘DLA’’ and adding ‘‘Defense Logistics
Agency (DLA’’ in its place, and
removing from paragraph (d) ‘‘NSPA’’
and adding ‘‘North Atlantic Treaty
Organization (NATO) Support and
Procurement Agency (NSPA)’’ in its
place; and
■ d. Adding Alternate I.
The revision and addition read as
follows:
52.204–18 Commercial and Government
Entity Code Maintenance.
*
*
*
*
*
Commercial and Government Entity
Code Maintenance ([DATE])
*
*
*
*
*
Alternate I ([DATE]). As prescribed at
4.1804(c), add the following additional
paragraph (f).
(f) Contractors shall ensure that
subcontractors maintain their CAGE
code(s) throughout the life of the
contract.
■ 12. Amend section 52.204–20 by
revising the date of the provision and
E:\FR\FM\12JYP1.SGM
12JYP1
Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Proposed Rules
removing from paragraph (a)(1) ‘‘entity;
or’’ and adding ‘‘entity by unique
location; or’’ in its place.
The revision reads as follows:
52.204–20
Predecessor of Offeror.
*
*
*
*
*
Predecessor of Offeror ([DATE])
*
*
*
*
*
PART 53—FORMS
13. Amend section 53.204–1 by
revising the introductory text to read as
follows:
53.204–1 Safeguarding classified
information within industry (DD Form 254,
DD Form 441).
The following forms, which are
prescribed by the Department of
Defense, shall be used by DoD
components and those nondefense
agencies with which DoD has
agreements to provide industrial
security services for the National
Industrial Security Program if contractor
access to classified information is
required, as specified in subpart 4.4 and
the clause at 52.204–2:
*
*
*
*
*
[FR Doc. 2019–14379 Filed 7–11–19; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 190214111–9513–01]
RIN 0648–BI51
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries;
Pelagic Longline Fishery Management
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS is proposing to adjust
regulatory measures put in place to
manage bluefin tuna bycatch in the
pelagic longline fishery for Atlantic
highly migratory species (HMS),
specifically addressing the Northeastern
United States Closed Area, the Cape
Hatteras Gear Restricted Area, and the
Spring Gulf of Mexico Gear Restricted
Area as well as the weak hook
requirement in the Gulf of Mexico.
Several of the proposed measures would
have an evaluation period component to
determine whether the current area-
jbell on DSK3GLQ082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:41 Jul 11, 2019
Jkt 247001
based management measure remains
necessary to reduce and/or maintain
low numbers of bluefin tuna discards
and interactions in the pelagic longline
fishery. Other proposed measures would
eliminate the Cape Hatteras Gear
Restricted Area and would adjust the
requirement to use weak hooks from a
year-round requirement to a seasonal
(January–June) requirement. The
proposed measures would affect the
HMS pelagic longline fishery in the
Atlantic and Gulf of Mexico.
DATES: Written comments must be
received by September 30, 2019. NMFS
will hold four public hearings and two
operator-assisted public hearings via
conference call and webinar for this
proposed rule from July 2019 to August
2019. For specific dates and times see
the SUPPLEMENTARY INFORMATION section
of this document.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2018–0035, by any one of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=
NOAA-NMFS-2018-0035, click the
‘‘Comment Now’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Submit written comments to
Craig Cockrell, NMFS/SF1, 1315 EastWest Highway, National Marine
Fisheries Service, SSMC3, Silver Spring,
MD 20910.
Instructions: Please include the
identifier NOAA–NMFS–2018–0035
when submitting comments. Comments
sent by any other method, to any other
address or individual, or received after
the close of the comment period, may
not be considered by NMFS. All
comments received are a part of the
public record and will generally be
posted for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, or Adobe PDF file formats
only.
NMFS will hold four public hearings
and two operator-assisted public
hearings via conference call and
webinar on this proposed rule and the
associated draft environmental impact
statement (DEIS), which was published
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
33205
on May 17, 2019 (84 FR 22492). NMFS
will hold public hearings in; Gloucester,
MA; Houma, LA; Toms River, NJ; and
Manteo, NC. For specific locations, see
the SUPPLEMENTARY INFORMATION section
of this document.
Supporting documents—including the
DEIS, Regulatory Impact Review (RIR),
Initial Regulatory Flexibility Analysis
(IRFA), and the 2006 Consolidated
Atlantic HMS Fishery Management Plan
(FMP) and amendments are available
from the HMS Division website at
https://www.fisheries.noaa.gov/topic/
atlantic-highly-migratory-species or by
contacting Craig Cockrell at (301) 427–
8503 or Jennifer Cudney at (727) 824–
5399.
FOR FURTHER INFORMATION CONTACT:
Craig Cockrell at (301) 427–8503, or
Jennifer Cudney or Randy Blankinship
at (727) 824–5399.
SUPPLEMENTARY INFORMATION:
Background
Atlantic highly migratory species
(HMS) are managed under the dual
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), as
amended, and the Atlantic Tunas
Convention Act (ATCA). The
Magnuson-Stevens Act, at 16 U.S.C.
1802(21), defines the term ‘‘highly
migratory species’’ as ‘‘tuna species,
marlin (Tetrapturus spp. and Makaira
spp.), oceanic sharks, sailfishes
(Istiophorus spp.), and swordfish
(Xiphias gladius).’’ The 2006
Consolidated HMS FMP and its
amendments are implemented by
regulations at 50 CFR part 635. A
summary of the background of this
proposed rule is provided below.
Additional information regarding
bluefin tuna or pelagic longline fishery
management can be found in the DEIS
associated with this rulemaking, the
2006 Consolidated HMS FMP and its
amendments, the annual HMS Stock
Assessment and Fishery Evaluation
(SAFE) Reports, and online at https://
www.fisheries.noaa.gov/topic/atlantichighly-migratory-species.
A 1998 Recommendation by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
to establish a Rebuilding Program for
Western Atlantic Bluefin Tuna (Rec. 98–
07) required that all Contracting Parties,
including the United States, minimize
dead discards of bluefin tuna to the
extent practicable and set a countryspecific dead discard allowance. Given
the status of bluefin tuna and
recommendations from ICCAT at that
time, NMFS investigated a range of
different time/area options for locations
E:\FR\FM\12JYP1.SGM
12JYP1
]]>Agencies
[Federal Register Volume 84, Number 134 (Friday, July 12, 2019)]
[Proposed Rules]
[Pages 33201-33205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14379]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 2, 4, 52, and 53
[FAR Case 2015-002; Docket No. 2015-0002, Sequence No. 1]
RIN 9000-AN40
Federal Acquisition Regulation: Requirements for DD Form 254,
Contract Security Classification Specification
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to require electronic submission of the DD
Form 254, Contract Security Classification Specification.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at one of the addresses shown below on
or before September 10, 2019 to be considered in the formulation of a
final rule.
ADDRESSES: Submit comments in response to FAR Case 2015-002 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``FAR Case
2015-002''. Select the link ``Comment Now'' that corresponds with ``FAR
Case 2015-002''. Follow the instructions provided on the screen. Please
include your name, company name (if any), and ``FAR Case 2015-002'' on
your attached document.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), ATTN: Lois Mandell, 1800 F Street NW,
Second Floor, Washington, DC 20405.
Instructions: Please submit comments only and cite ``FAR case 2015-
002'' in all correspondence related to this case. All comments received
will be posted, without change, to https://www.regulations.gov,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check
www.regulations.gov, approximately two to three days after submission
to verify posting (except allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement
Analyst, at (202) 501-1448 for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat Division at (202) 501-4755. Please cite ``FAR
case 2015-002''.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are proposing to amend the FAR to update and
clarify the requirements for using the DD Form 254, Contract Security
Classification Specification. The Government uses the DD Form 254 to
convey security requirements to contractors when contract performance
requires access to classified information. Prime contractors also use
the DD Form 254 to convey security requirements to subcontractors that
require access to classified information to perform on a subcontract.
Subcontractors may also use the DD Form 254 if access to classified
information is required to convey security requirements to additional
subcontractors.
The Defense Security Service has oversight responsibilities for
contractors and subcontractors requiring access to classified
information under contracts awarded by agencies covered by the National
Industrial Security Program, i.e., DoD components, and nondefense
agencies that have industrial security services agreements with DoD.
The National Industrial Security Program was established under
Executive Order (E.O.) 12829 as a single, integrated program across the
Executive Branch designed to safeguard classified information released
to contractors. As one of five National Industrial Security Program
cognizant security agencies, DoD is responsible for providing
industrial security oversight services to DoD and those nondefense
agencies that have industrial security services agreements with DoD.
The National Industrial Security Program Contracts Classification
System is a module within the Procurement Integrated Enterprise
Environment (PIEE), (formerly the Wide Area WorkFlow application). The
module provides a centralized repository for classified contract
security requirements and automates DD Form 254 processes and
workflows.
II. Discussion and Analysis
This rule proposes to amend the FAR to provide procedures for use
of the DD Form 254 and the requirement to use the PIEE, to--
Streamline the submission process for the existing DD Form
254 and enable businesses to submit an electronic form once, instead of
repeated paper submissions;
Require use of the DD Form 254 by nondefense agencies that
have industrial security services agreements with DoD, and DoD
components, to specify the security classification for a contract
involving access to information classified as ``Confidential,''
``Secret,'' or ``Top Secret;''
Require agency preparation of the DD Form 254 using the
National Industrial Security Program Contracts Classification System
module of the PIEE unless a nondefense agency has an existing DD Form
254 information system;
Clarify that--
[[Page 33202]]
[cir] Each contractor and subcontractor location of performance
listed on a DD Form 254 is required to have a unique CAGE code; and
[cir] Registration in the System for Award Management is not
required for contractor and subcontractor performance locations solely
for the purposes of the DD Form 254.
The rule adds an Alternate I to the provision at FAR 52.204-16,
Commercial and Government Entity (CAGE) Code Reporting, to address that
prime contractors shall ensure subcontractors under classified
solicitations provide the location of subcontractor performance listed
on the DD Form 254 to reflect a corresponding unique CAGE code for each
listed location unless the work is being performed at a Government
facility, in which case the agency location code shall be used. FAR
provision 52.204-16 is used when FAR 52.204-6, Unique Entity
Identifier, or 52.204-7, System for Award Management, is used. The
provision with its Alternate I is used when the clause 52.204-2,
Security requirements is included. The rule also adds a new Alternate I
to FAR 52.204-18, Commercial and Government Entity Code Maintenance,
that requires prime contractors to ensure that subcontractors maintain
their CAGE code(s) throughout the life of the contract when the
contract may require access to classified information (unless the
contracting agency is not covered by the NISP and has prescribed a
clause and alternates that are substantially the same as those at
52.204-2, Security Requirements) and if the provision 52.204-16,
Commercial and Government Entity Code Reporting, is used with its
Alternate I.
The rule also relocates the definition of CAGE code to FAR subpart
2.1, Definitions, from FAR subpart 4.18, since the term is used in
multiple FAR sections and clauses.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This proposed rule does not create any new provisions or clauses,
nor does it change the applicability of any existing provisions or
clauses included in solicitations and contracts valued at or below the
SAT, or for commercial items, including COTS items.
IV. Executive Order 13771
This rule is not subject to E.O. 13771, Reducing Regulation and
Controlling Regulatory Costs, because this rule is not a significant
regulatory action under E.O. 12866.
V. Executive Orders 12866 and 13563
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.
VI. Regulatory Flexibility Act
DoD, GSA, and NASA do 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 creates minimal requirements. The initial regulatory
flexibility analysis (IRFA) has been prepared and is summarized as
follows:
DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to require electronic submission of the
DD Form 254, Contract Security Classification Specification.
The objective of this proposed rule is to revise the FAR to
update and clarify the requirements for using the DD Form 254,
Contract Security Classification Specification. The Government uses
the DD Form 254 to convey security requirements to contractors when
contract performance requires access to classified information.
Prime contractors also use the DD Form 254 to convey security
requirements to subcontractors that require access to classified
information to perform on a subcontract. Subcontractors may also use
the DD Form 254 if access to classified information is required to
convey security requirements to additional subcontractors.
DoD, GSA, and NASA do not expect that this proposed rule will
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. The proposed rule would apply to small
businesses awarded contracts or subcontracts by Executive agencies
covered by the National Industrial Security Program that require
access to classified information. Currently, the Defense Security
Service monitors approximately 13,500 contractor facilities that are
cleared for access to classified information. Approximately 9,000
facilities are considered less-complex, which includes small
businesses and smaller security operations. Subject matter experts
estimate that 5,400 (60 percent) of the 9,000 less-complex
facilities are small businesses.
The proposed rule does not impose any Paperwork Reduction Act
reporting, recordkeeping, or other compliance requirements on any
small entities.
The proposed rule does not impose any new reporting,
recordkeeping or other compliance requirements. The rule does not
duplicate, overlap, or conflict with any other Federal rules.
There are no significant alternatives to the rule which
accomplish the stated objectives of applicable statutes and which
minimize any significant economic impact of the rule on small
entities.
The Regulatory Secretariat Division has submitted a copy of the
IRFA to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the IRFA may be obtained from the Regulatory
Secretariat Division. DoD, GSA and NASA invite comments from small
business concerns and other interested parties on the expected impact
of this rule on small entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by this rule
consistent with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAR Case 2015-002) in
correspondence.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) applies;
however, the proposed changes to the FAR do not impose additional
information collection requirements to the paperwork burden previously
approved under the Office of Management and Budget (OMB) Control Number
0704-0567, entitled ``Department of Defense Contract Security
Classification Specification''.
The proposed rule also touches but does not impact information
collection requirements concerning the CAGE code. OMB Control Number
9000-0185, Commercial and Government Entity Code was established by OMB
under FAR case 2012-024, but requires final clearance under this case.
This clearance covers the following: Offerors that do not already have
a CAGE code to obtain and provide a CAGE code referred to as North
Atlantic Treaty Organization (NATO) CAGE (NCAGE) code for foreign
entities; offerors to represent whether they are owned or controlled by
another entity, and if so, to provide the CAGE code and name of such
entity; and contractors to communicate any change to the CAGE code to
the contracting officer within 30 days after the change. As a part of
this case, the Regulatory Secretariat has submitted a request for
approval of this information collection requirement to OMB.
[[Page 33203]]
A. Public reporting burden for the collection of information under
OMB Control number 9000-0185 includes the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. The annual reporting burden is estimated as
follows:
Respondents: 735.
Total annual responses: 11,358.
Total burden hours: 5,616.75.
B. Request for Comments Regarding Paperwork Burden. DoD, GSA and
NASA are soliciting comments from the public in order to:
Evaluate whether this collection of information is
necessary for the proper performance of the functions of the FAR,
including whether the information will have practical utility;
Evaluate the accuracy of the estimate of the burden,
including the validity of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected; and
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
collection techniques or other forms of information technology.
Organizations and individuals desiring to submit comments on the
information collection requirements should submit comments no later
than September 10, 2019 to: FAR Desk Officer, OMB, Room 10102, NEOB,
Washington, DC 20503, and a copy GSA. The copy to GSA can be submitted
by either of the following methods:
Federal eRulemaking Portal: This website provides the
ability to type short comments directly into the comment field or
attach a file for lengthier comments. Go to https://www.regulations.gov
and follow the instructions on the site.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), 1800 F Street NW, 2nd Floor, Washington,
DC 20405. ATTN: Lois Mandell/IC 9000-0185, Commercial and Government
Entity Code.
Instructions: All items submitted must cite Information Collection
9000-0185, Commercial and Government Entity Code. Comments received
generally will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check
www.regulations.gov, approximately two to three days after submission
to verify posting (except allow 30 days for posting of comments
submitted by mail). Requesters may obtain a copy of the supporting
statement from the General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Lois Mandell, 1800 F Street NW, 2nd Floor,
Washington, DC 20405-0001. Please cite OMB Control Number 9000-0185,
Commercial and Government Entity Code, in all correspondence.
List of Subjects in 48 CFR Parts 1, 2, 4, 52, and 53
Government procurement.
William Clark,
Director, Office of Government-Wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-Wide Policy.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 1, 2,
4, 52, and 53 as set forth below:
0
1. The authority citation for 48 CFR parts 1, 2, 4, 52, and 53
continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
2. In section 1.106 amend the table by adding an entry for FAR segment
``DD Form 254'' t read as follows:
------------------------------------------------------------------------
OMB
FAR segment control
No.
------------------------------------------------------------------------
* * * * *
DD Form 254................................................ 0704-0567
------------------------------------------------------------------------
PART 2--DEFINITIONS OF WORDS AND TERMS
0
3. In section 2.101, amend paragraph (b) by adding in alphabetical
order the defined term ``Commercial and Government Entity (CAGE) code''
to read as follows:
* * * * *
(b) * * *
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States
or its outlying areas by the Defense Logistics Agency (DLA) Commercial
and Government Entity (CAGE) Branch to identify a commercial or
government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty
Organization (NATO) or by the NATO Support and Procurement Agency
(NSPA) to entities located outside the United States and its outlying
areas that the DLA Commercial and Government Entity (CAGE) Branch
records and maintains in the CAGE master file. This type of code is
known as a NATO CAGE (NCAGE) code.
* * * * *
PART 4--ADMINISTRATIVE MATTERS
0
4. Amend section 4.402 by--
0
a. Removing from paragraph (b) introductory text ``and the Director of
Central Intelligence,'' and adding ``the Director of National
Intelligence, and the Secretary of Homeland Security'' in its place;
0
b. Removing from paragraph (b)(2) ``Industrial Security Regulation (DOD
5220.22-R).'' and adding ``DoD Manual 5220.22, Volume 2, ``National
Industrial Security Program: Industrial Security Procedures for
Government Activities.'' '' in its place; and
0
c. Redesignating paragraph (d) as (e), and adding a new paragraph (d)
to read as follows:
4.402 General.
* * * * *
(d) Nondefense agencies that have industrial security services
agreements with DoD, and DoD components, shall use the DD Form 254,
Contract Security Classification Specification, to provide security
classification guidance to U.S. contractors, and subcontractors as
applicable, requiring access to information classified as
``Confidential'', ``Secret'', or ``Top Secret''.
(1) Provided that the data submittal is unclassified, the DD Form
254 shall be completed electronically in the NISP Contract
Classification System (NCCS), which is accessible via the Procurement
Integrated Enterprise Environment (PIEE) at https://wawf.eb.mil unless
a nondefense agency has an existing DD Form 254 information system.
(2)(i) A contractor, or subcontractor (if applicable), requiring
access to classified information under a contract shall be identified
with a Commercial and Government Entity (CAGE) code on the DD Form 254
(see subpart 4.18 for information on obtaining and validating CAGE
codes).
(ii) Each location of contractor or subcontractor performance
listed on the DD Form 254 is required to reflect a corresponding unique
CAGE code for each listed location unless the work is being performed
at a Government facility, in which case the agency location code shall
be used.
(iii) Contractor and subcontractor performance locations listed on
the DD Form 254 are not required to be separately registered in the
System for Award Management (SAM) solely for
[[Page 33204]]
the purposes of a DD Form 254 (see subpart 4.11 for information on
registering in SAM).
* * * * *
0
5. Amend section 4.403 by removing from paragraph (c) introductory text
``contract as follows'' and adding ``contract as identified in the
requirement documentation as follows'' in its place, and revising
paragraph (c)(1) to read as follows:
4.403 Responsibilities of contracting officers.
* * * * *
(c) * * *
(1) Nondefense agencies that have industrial security services
agreements with DoD, and DoD components, shall use the Contract
Security Classification Specification, DD Form 254. The contracting
officer, or authorized representative, is the approving official for
the DD Form 254 associated with the prime contract and shall--
(i) Ensure the DD Form 254 is properly prepared and distributed;
and
(ii) Coordinate with requirements and security personnel in
accordance with agency procedures to complete the DD Form 254,
including when completed in the NCCS accessible via the Procurement
Integrated Enterprise Environment (PIEE) at https://wawf.eb.mil unless
a nondefense agency has an existing DD Form 254 information system.
* * * * *
4.1801 [Amended]
0
6. Amend section 4.1801 by removing the term ``Commercial and
Government Entity (CAGE) code''.
0
7. Amend section 4.1802 by revising the paragraph (a) introductory text
to read as follows:
4.1802 Policy
(a) Commercial and Government Entity (CAGE) code. * * *
* * * * *
0
8. Amend section 4.1804 by revising paragraphs (a) and (c) to read as
follows:
4.1804 Solicitation provisions and contract clause.
(a)(1) Insert the provision at 52.204-16, Commercial and Government
Entity Code Reporting, in all solicitations that include--
(i) 52.204-6, Unique Entity Identifier; or
(ii) 52.204-7, System for Award Management.
(2) Use the provision with its Alternate I when the clause 52.204-
2, Security Requirements, is used.
* * * * *
(c) (1) Insert the clause at 52.204-18, Commercial and Government
Entity Code Maintenance in all solicitations and contracts when the
solicitation contains the provision at 52.204-16, Commercial and
Government Entity Code Reporting.
(2) Use the clause with its Alternate I when the provision 52.204-
16, Commercial and Government Entity Code Reporting, is used with its
Alternate I.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
9. Amend section 52.204-16 by--
0
a. Revising the date of the provision;
0
b. Removing from the end of paragraph (a)(1) ``entity; or'' and adding
``entity by unique location; or'' in its place;
0
c. Revising paragraph (b) and (c)(1);
0
d. Removing from paragraph (c)(2) ``offeror'' twice and adding
``Offeror'' in their places, respectively;
0
e. Removing from paragraph (c)(3) ``NSPA'' and adding ``NATO Support
and Procurement Agency (NSPA)'' in its place;
0
f. Removing from paragraph (e) ``Code'' three times and adding ``code''
in their places, respectively; and
0
g. Adding an Alternate I.
The revisions and addition read as follows:
52.204-16 Commercial and Government Entity Code Reporting.
* * * * *
Commercial and Government Entity Code Reporting ([DATE])
* * * * *
(b) The Offeror shall provide its CAGE code with its offer with its
name and address or otherwise include it prominently in its proposal.
The CAGE code must be for that name and address. Insert the word
``CAGE'' before the number. The CAGE code is required prior to award.
(c) * * *
(1) Registration in the System for Award Management (SAM) at
www.sam.gov. If the Offeror is located in the United States or its
outlying areas and does not already have a CAGE code assigned, the
Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE)
Branch will assign a CAGE code as a part of the SAM registration
process. SAM registrants located outside the United States and its
outlying areas shall obtain a North Atlantic Treaty Organization (NATO)
CAGE (NCAGE) code prior to registration in SAM (see paragraph (c)(3) of
this provision).
* * * * *
Alternate I ([DATE]). As prescribed at 4.1804(a), add the following
additional paragraph (g).
(g) A subcontractor requiring access to classified information
under a contract shall be identified with a Commercial and Government
Entity (CAGE) code on the DD Form 254. A subcontractor requiring access
to classified information shall provide its CAGE code with its name and
address or otherwise include it prominently in the proposal. Each
location of subcontractor performance listed on the DD Form 254 is
required to reflect a corresponding unique CAGE code for each listed
location unless the work is being performed at a Government facility,
in which case the agency location code shall be used. The CAGE code
must be for that name and address. Insert the word ``CAGE'' before the
number. The CAGE code is required prior to award.
* * * * *
0
10. Amend section 52.204-17 by revising the provision title and date
and removing from paragraph (a)(1) ``entity; or'' and adding ``entity
by unique location; or'' in its place.
The revision reads as follows:
52.204-17 Ownership or Control of Offeror.
* * * * *
Ownership or Control of Offeror ([DATE])
* * * * *
0
11. Amend section 52.204-18 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a)(1) ``entity; or'' and adding ``entity by
unique location; or'' in its place;
0
c. Removing from paragraph (b) ``DLA'' and adding ``Defense Logistics
Agency (DLA'' in its place, and removing from paragraph (d) ``NSPA''
and adding ``North Atlantic Treaty Organization (NATO) Support and
Procurement Agency (NSPA)'' in its place; and
0
d. Adding Alternate I.
The revision and addition read as follows:
52.204-18 Commercial and Government Entity Code Maintenance.
* * * * *
Commercial and Government Entity Code Maintenance ([DATE])
* * * * *
Alternate I ([DATE]). As prescribed at 4.1804(c), add the following
additional paragraph (f).
(f) Contractors shall ensure that subcontractors maintain their
CAGE code(s) throughout the life of the contract.
0
12. Amend section 52.204-20 by revising the date of the provision and
[[Page 33205]]
removing from paragraph (a)(1) ``entity; or'' and adding ``entity by
unique location; or'' in its place.
The revision reads as follows:
52.204-20 Predecessor of Offeror.
* * * * *
Predecessor of Offeror ([DATE])
* * * * *
PART 53--FORMS
13. Amend section 53.204-1 by revising the introductory text to
read as follows:
53.204-1 Safeguarding classified information within industry (DD Form
254, DD Form 441).
The following forms, which are prescribed by the Department of
Defense, shall be used by DoD components and those nondefense agencies
with which DoD has agreements to provide industrial security services
for the National Industrial Security Program if contractor access to
classified information is required, as specified in subpart 4.4 and the
clause at 52.204-2:
* * * * *
[FR Doc. 2019-14379 Filed 7-11-19; 8:45 am]
BILLING CODE 6820-EP-P
