This final rule adds a contract clause to the Department of State Acquisition Regulation (DOSAR) to implement the Department's procedures regarding personal identity verification of contractor personnel, as required by Homeland Security Presidential Directive 12 (HSPD-12), Policy for a Common Identification Standard for Federal Employees and Contractors, and Start Printed Page 20250Federal Information Processing Standards Publication (FIPS PUB) Number 201, Personal Identity Verification (PIV) of Federal Employees and Contractors. This clause will apply to contracts that require contractor employees to perform on-site at a Department of State location and/or that require contractor employees to have access to Department information systems.
Effective Date: This rule is effective May 12, 2011.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Barbara Latvanas, Procurement Analyst, Department of State, Office of the Procurement Executive, 2201 C Street, NW., Suite 900, State Annex Number 27, Washington, DC 20522; telephone number: 703-516-1755; e-mail address: LatvanasBA@state.gov.End Further Info End Preamble Start Supplemental Information
The Department published a proposed rule, Public Notice 5992 at 72 FR 64980, November 19, 2007, with a request for comments. The rule was proposed to implement the contractor personal identification requirements of Homeland Security Presidential Directive 12 (HSPD-12), and Federal Information Processing Standards Publication (FIPS PUB) Number 201, Personal Identity Verification (PIV) of Federal Employees and Contractors. (See 71 FR 208, January 3, 2006). As specified in the proposed rule, the DOSAR clause directs contractors to an Internet Web site document that outlines the personal identity verification procedures for various types of contractors (cleared and uncleared), location of performance (domestic and overseas facilities), and the access requirements (physical and/or logical). The rule was discussed in detail in Public Notice 5992. No public comments were received. The Department is now promulgating a final rule with no changes from the proposed rule.
Administrative Procedure Act
The Department of State does not consider this rule to be a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review. In addition, the Department is exempt from Executive Order 12866 except to the extent that it is promulgating regulations in conjunction with a domestic agency that are significant regulatory actions. The Department has nevertheless reviewed the regulation to ensure its consistency with the regulatory philosophy and principles set forth in that Executive Order.
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by approving it, certifies that this rule will not have a significant economic impact on a substantial number of small entities.
Unfunded Mandates Act of 1995
This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Act of 1996. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign based companies in domestic and import markets.
Executive Order 13563 and Executive Order 12866
The Department of State does not consider this rule to be a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review, as amended by Executive Order 13563. In addition, the Department is exempt from Executive Order 12866 except to the extent that it is promulgating regulations in conjunction with a domestic agency that are significant regulatory actions. The Department has nevertheless reviewed the regulation to ensure its consistency with the regulatory philosophy and principles set forth in that Executive Order.
This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement.
Paperwork Reduction Act
Information collection requirements have been approved under the Paperwork Reduction Act of 1980 by OMB, and have been assigned OMB control number 1405-0050.Start List of Subjects
List of Subjects in 48 CFR Parts 604, 637 and 652End List of Subjects
Accordingly, for reasons set forth in the preamble, title 48, chapter 6 of the Code of Federal Regulations is amended as follows:Start Amendment Part
1. The authority citation forEnd Amendment Part
Subchapter A—GeneralStart Part
PART 604—ADMINISTRATIVE MATTERSEnd Part Start Amendment Part
2. Add subpart 604.13 to read as follows:End Amendment Part
Subpart 604.13—Personal Identity Verification of Contractor Personnel
The DOS official responsible for verifying contractor employee personal identity is the Assistant Secretary for Diplomatic Security.
The contracting officer shall insert the clause at 652.204-70, Department of State Personal Identification Card Issuance Procedures, in solicitations and contracts that require contractor employees to perform on-site at a DOS location and/or that require contractor employees to have access to DOS information systems.
Subchapter F—Special Categories of ContractingStart Part
PART 637—SERVICE CONTRACTINGEnd Part Start Amendment Part
3. Section 637.110 is amended by removing paragraph (b) andEnd Amendment Part
Subchapter H—Clauses and FormsStart Part
PART 652—SOLICITATION PROVISIONS AND CONTRACT CLAUSESEnd Part Start Amendment Part
4. Add § 652.204-70 to read as follows:End Amendment Part
As prescribed in 604.1301-70, insert the following clause:
Department of State Personal Identification Card Issuance Procedures (MAY 2011)
(a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Issuance Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert this clause in all subcontracts when the subcontractor's employees will require frequent and continuing access to DOS facilities, or information systems.
(b) The DOS Personal Identification Card Issuance Procedures may be accessed at http://www.state.gov/m/ds/rls/rpt/c21664.htm.
(End of clause)
5. Section 652.237-71 is removed and reserved.End Amendment Part Start Amendment Part
6. Section 652.237-72 is amended by removing “637.110(c)” and adding “637.110(b)” in its place in the introductory text.End Amendment Part Start Amendment Part
7. Section 652.237-73 is revised by removing “637.110(d)” and adding “637.110(c)” in its place in the introductory text.End Amendment Part Start Signature
Dated: March 28, 2011.
Corey M. Rindner,
Procurement Executive, Bureau of Administration, Department of State.
[FR Doc. 2011-8720 Filed 4-11-11; 8:45 am]
BILLING CODE 4710-24-P