General Services Administration Acquisition Regulation; Personal Identity Verification Requirements Clarification
| Published date | 27 May 2021 |
| Citation | 86 FR 28499 |
| Record Number | 2021-11109 |
| Section | Rules and Regulations |
| Court | General Services Administration |
Federal Register, Volume 86 Issue 101 (Thursday, May 27, 2021)
[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Rules and Regulations]
[Pages 28499-28500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11109]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
[GSAR Case 2020-G525; Docket No. 2021-0012; Sequence No. 1]
RIN 3090-AK26
General Services Administration Acquisition Regulation; Personal
Identity Verification Requirements Clarification
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) to
clarify the requirements for Personal Identity Verification (PIV). This
direct final rule revises a GSAR clause to provide a more specific
reference to the location of the GSA credentialing handbook. GSA is
also moving language addressing internal operating procedures around
option exercise from the GSAR to the non-regulatory General Services
Administration Acquisition Manual (GSAM).
DATES: This direct final rule is effective on July 26, 2021 without
further notice unless adverse comments are received. Interested parties
should submit written comments to the Regulatory Secretariat as noted
below on or before June 28, 2021 to be considered in the formation of
the final rule. If GSA receives adverse comments, we will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit comments in response to GSAR Case 2020-G525 to:
Regulations.gov: https://www.regulations.gov. Submit comments via the
Federal eRulemaking portal by searching for ``GSAR Case 2020-G525''.
Select the link ``Comment Now'' that corresponds with GSAR Case 2020-
G525. Follow the instructions provided at the ``Comment Now'' screen.
Please include your name, company name (if any), and ``GSAR Case 2020-
G525'' on your attached document. If your comment cannot be submitted
using https://www.regulations.gov, call or email the points of contact
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
Instructions: Please submit comments only and cite GSAR Case 2020-
G525, in all correspondence related to this case. 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 https://www.regulations.gov, approximately two to three days after submission
to verify posting.
FOR FURTHER INFORMATION CONTACT: Ms. Vernita Misidor, Procurement
Analyst, at 202-357-9681 or email at [email protected], for
clarification of content. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat at 202-501-
4755. Please cite GSAR Case 2020-G525.
SUPPLEMENTARY INFORMATION:
I. Background
Following internal procurement management reviews, GSA identified
the need to improve certain credentialing administration processes for
contractors. GSA is amending the GSAR to clarify the personal identity
verification requirements in GSAR Clause 552.204-9. The clause
currently references a very broad credentialing website, which does not
clearly identify the requirements for contractors to follow.
II. Authority for This Rulemaking
Title 40 of the United States Code (U.S.C.) Section 121 authorizes
GSA to issue regulations, including the GSAR, to control the
relationship between GSA and contractors.
III. Discussion of the Rule
GSA is amending the GSAR to specifically reference the Office of
Mission Assurance CIO P 2181.1 GSA HSPD-12 Personal Identity
Verification and Credentialing Handbook rather than just the general
website for credentialing. The change to reference the Handbook will
allow for contractor personnel to easily find the information needed
related to PIV cards and will eliminate issues that could arise in the
event that the website link becomes broken. GSA is also moving text
dealing with the exercise of options from the GSAR to the non-
regulatory GSAM. This move is being made because the language only
addresses responsibilities of Contracting Officers in preparing
documentation. As such, it is not regulatory material.
[[Page 28500]]
IV. Executive Order 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 rule has been reviewed and determined by OMB not to be 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.
V. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a ``major rule'' may take effect, the
agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. A major rule cannot take
effect until 60 days after it is published in the Federal Register.
This rule has been reviewed and determined by OMB not to be a ``major
rule'' under 5 U.S.C. 804(2).
VI. Regulatory Flexibility Act
GSA does not expect this direct final 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.
VII. Paperwork Reduction Act
The direct 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 517 and 552
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Governmentwide Policy, General Services Administration.
Therefore, GSA amends 48 CFR parts 517 and 552 as set forth below:
0
1. The authority citation for 48 CFR parts 517 and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 517--SPECIAL CONTRACTING METHODS
0
2. Revise section 517.207 to read as follows:
517.207 Exercise of options.
In addition to the requirements of FAR 17.207, the contracting
officer must also:
(a) Document the contract file with the rationale for an extended
contractual relationship if the contractor's performance rating under
the contract is less than satisfactory.
(b) Determine that the option price is fair and reasonable.
(c) The consideration of other factors as prescribed by FAR
17.207(c)(3) should also include consideration of any tiered solutions
(see subpart 507.71) or mandated solutions that were otherwise not
available at the time of award.
(d) Conduct a Personal Identity Verification card review to
determine the need for continued access, see 504.1370(c). This function
may be delegated to the COR.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 552.204-9 by revising the date of the clause and
paragraph (a) to read as follows:
552.204-9 Personal Identity Verification Requirements.
* * * * *
Personal Identity Verification Requirements (Jun, 2021)
(a) The contractor shall comply with GSA personal identity
verification requirements, identified in the CIO P 2181.1 GSA HSPD-12
Personal Identity Verification and Credentialing Handbook, if
contractor employees require access to GSA controlled facilities or
information systems to perform contract requirements. The contractor
can find the CIO policy and additional information at http://www.gsa.gov/hspd12.
* * * * *
[FR Doc. 2021-11109 Filed 5-26-21; 8:45 am]
BILLING CODE 6820-61-P
