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[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Rules and Regulations]
[Pages 20249-20251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8720]

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DEPARTMENT OF STATE

48 CFR Parts 604, 637 and 652

RIN 1400-AC32
[Public Notice 7262]

Department of State Acquisition Regulation

AGENCY: State Department.

ACTION: Final rule.

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SUMMARY: 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

[[Page 20250]]

Federal 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.

DATES: Effective Date: This rule is effective May 12, 2011.

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: [email protected].

SUPPLEMENTARY 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.

Regulatory Findings

Administrative Procedure Act

    The Department of State does not consider this rule to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review. In addition, the Department is 
exempt from Executive Order 12866 except to the extent that it is 
promulgating regulations in conjunction with a domestic agency that are 
significant regulatory actions. The Department has nevertheless 
reviewed the regulation to ensure its consistency with the regulatory 
philosophy and 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.

Executive Order 13132

    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.

List of Subjects in 48 CFR Parts 604, 637 and 652

    Government procurement, Electronic commerce, Contracts.

    Accordingly, for reasons set forth in the preamble, title 48, 
chapter 6 of the Code of Federal Regulations is amended as follows:

0
1. The authority citation for 48 CFR parts 604, 637 and 652 continue to 
read as follows:

    Authority:  40 U.S.C. 486(c); 22 U.S.C. 2658.

Subchapter A--General

PART 604--ADMINISTRATIVE MATTERS

0
2. Add subpart 604.13 to read as follows:

Subpart 604.13--Personal Identity Verification of Contractor Personnel
Sec.
604.1300 Policy.
604.1301 Contract clause.
604.1301-70 DOSAR contract clause.

Subpart 604.13--Personal Identity Verification of Contractor 
Personnel

604.1300   Policy.

    The DOS official responsible for verifying contractor employee 
personal identity is the Assistant Secretary for Diplomatic Security.

604.1301   Contract clause.

604.1301-70   DOSAR contract clause.

    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 Contracting

PART 637--SERVICE CONTRACTING

0
3. Section 637.110 is amended by removing paragraph (b) and

[[Page 20251]]

redesignating paragraphs (c) and (d) as paragraphs (b) and (c), 
respectively.

Subchapter H--Clauses and Forms

PART 652--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. Add Sec.  652.204-70 to read as follows:

652.204-70  Department of State Personal Identification Card Issuance 
Procedures.

    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)

0
5. Section 652.237-71 is removed and reserved.
0
6. Section 652.237-72 is amended by removing ``637.110(c)'' and adding 
``637.110(b)'' in its place in the introductory text.
0
7. Section 652.237-73 is revised by removing ``637.110(d)'' and adding 
``637.110(c)'' in its place in the introductory text.

    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
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