Federal Register / Vol. 71, No. 13 / Monday, January 22, 2007 / Proposed Rules 2645 

of the proposed rule is to ensure that 

contractor personnel who have access to 

DoD information systems are properly 

trained and managed. The legal basis for 

the rule is 44 U.S.C. 3541. The proposed 

rule will apply to entities that perform 

information assurance functions for 

DoD. Approximately 83 small business 

concerns fall into this category 

annually. Contractors performing 

information assurance functions will be 

required to ensure that personnel 

accessing information systems have the 

proper and current information 

assurance certification to perform 

information assurance functions, in 

accordance with DoD 8570.01–M. No 

special skills are required for this 

compliance requirement. The proposed 

rule does not duplicate, overlap, or 

conflict with any other relevant Federal 

rules. 

A copy of the analysis may be 

obtained from the point of contact 

specified herein. DoD invites comments 

from small businesses and other 

interested parties. DoD also will 

consider comments from small entities 

concerning the affected DFARS subparts 

in accordance with 5 U.S.C. 610. Such 

comments should be submitted 

separately and should cite DFARS Case 

2006–D023. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the proposed rule 

does not contain any information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq. 

List of Subjects in 48 CFR Parts 239 and 

252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 48 

CFR parts 239 and 252 as follows: 

1. The authority citation for 48 CFR 

parts 239 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

PART 239—ACQUISITION OF 

INFORMATION TECHNOLOGY 

2. Section 239.7102–1 is amended by 

adding paragraphs (a)(7) and (8) to read 

as follows: 

239.7102–1 General. 

(a) * * * 

(7) DoD Directive 8570.1, Information 

Assurance Training, Certification, and 

Workforce Management; and 

(8) DoD 8570.01–M, Information 

Assurance Workforce Improvement 

Program. 

* * * * * 

3. Section 239.7102–3 is added to 

read as follows: 

239.7102–3 Information assurance 

contractor training and certification. 

(a) For acquisitions that include 

information assurance functional 

services for DoD information systems, or 

that require any appropriately cleared 

contractor personnel to access a DoD 

information system to perform contract 

duties, the requiring activity is 

responsible for providing to the 

contracting officer—

(1) A list of information assurance 

functional responsibilities for DoD 

information systems by category (e.g., 

technical or management) and level 

(e.g., computing environment, network 

environment, or enclave); and 

(2) The information assurance 

training, certification, certification 

maintenance, and continuing education 

or sustainment training required for the 

information assurance functional 

responsibilities. 

(b) After contract award, the requiring 

activity is responsible for ensuring that 

the certifications and certification status 

of all contractor personnel performing 

information assurance functions as 

described in DoD 8570.01–M, 

Information Assurance Workforce 

Improvement Program, are in 

compliance with the manual and are 

identified, documented, and tracked. 

See PGI 239.7102–3 for guidance on 

documenting and tracking certifications. 

(c) The responsibilities specified in 

paragraphs (a) and (b) of this section 

apply to all DoD information assurance 

duties supported by a contractor, 

whether performed full-time or parttime as additional or embedded duties, 

and when using a DoD contract, or a 

contract or agreement administered by 

another agency (e.g., under an 

interagency agreement). 

4. Section 239.7103 is revised to read 

as follows: 

239.7103 Contract clauses. 

(a) Use the clause at 252.239–7000, 

Protection Against Compromising 

Emanations, in solicitations and 

contracts involving information 

technology that requires protection 

against compromising emanations. 

(b) Use the clause at 252.239–7XXX, 

Information Assurance Contractor 

Training and Certification, in 

solicitations and contracts involving 

contractor performance of information 

assurance functions as described in DoD 

8570.01–M. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.239–7000 [Amended] 

5. Section 252.239–7000 is amended 

in the introductory text by removing 

‘‘239.7103’’ and adding in its place 

‘‘239.7103(a)’’. 

6. Section 252.239–7XXX is added to 

read as follows: 

252.239–7XXX Information Assurance 

Contractor Training and Certification. 

As prescribed in 239.7103(b), use the 

following clause: 

Information Assurance Contractor Training 

and Certification (XXX 2007) 

(a) The Contractor shall ensure that 

personnel accessing information systems 

have the proper and current information 

assurance certification to perform 

information assurance functions in 

accordance with DoD 8570.01–M, 

Information Assurance Workforce 

Improvement Program. The Contractor shall 

meet the applicable information assurance 

certification requirements, including—

(1) DoD-approved information assurance 

workforce certifications appropriate for each 

category and level as listed in the current 

version of DoD 8570.01–M; and 

(2) Appropriate operating system 

certification for information assurance 

technical positions as required by DoD 

8570.01–M. 

(b) Upon request by the Government, the 

Contractor shall provide documentation 

supporting the information assurance 

certification status of personnel performing 

information assurance functions. 

(c) Contractor personnel who do not have 

proper and current certifications shall be 

denied access to DoD information systems for 

the purpose of performing information 

assurance functions. 

(End of clause) 

[FR Doc. E7–732 Filed 1–19–07; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AF58 

Defense Federal Acquisition 

Regulation Supplement; Taxpayer 

Identification Numbers (DFARS Case 

2006–D037) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 


rmajette on PROD1PC67 with PROPOSALS
2646 Federal Register / Vol. 71, No. 13 / Monday, January 22, 2007 / Proposed Rules 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

address requirements for validation of 

Taxpayer Identification Numbers as part 

of the Central Contractor Registration 

process. The proposed changes are 

consistent with changes made to the 

Federal Acquisition Regulation. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

March 23, 2007, to be considered in the 

formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2006-D037, 

using any of the following methods: 

• Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2006–D037 in the subject 

line of the message. 

• Fax: (703) 602–0350. 

• Mail: Defense Acquisition 

Regulations System, Attn: Ms. Felisha 

Hitt, OUSD (AT&L) DPAP (DARS), IMD 

3C132, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

• Hand Delivery/Courier: Defense 

Acquisition Regulations System, Crystal 

Square 4, Suite 200A, 241 18th Street, 

Arlington, VA 22202–3402. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Felisha Hitt, (703) 602–0310. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS 252.204–7004 contains a 

substitute paragraph for use with the 

clause at FAR 52.204–7, Central 

Contractor Registration, to address DoDunique requirements relating to 

contractor registration in the Central 

Contractor Registration (CCR) database. 

Item I of Federal Acquisition Circular 

2005–10, published at 71 FR 36923 on 

June 28, 2006, amended the clause at 

FAR 52.204–7 to include requirements 

for the Government to validate a 

contractor’s Taxpayer Identification 

Number (TIN), and for the contractor to 

consent to this validation, as part of the 

CCR registration process. 

This proposed rule amends DFARS 

252.204–7004 to address TIN validation, 

for consistency with the changes made 

to FAR 52.204–7. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD does 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 relates to an 

administrative requirement for TIN 

validation, which is performed by the 

Government. Contractors need only 

provide consent for TIN validation as 

part of the CCR registration process. 

Therefore, DoD has not performed an 

initial regulatory flexibility analysis. 

DoD invites comments from small 

businesses and other interested parties. 

DoD also will consider comments from 

small entities concerning the affected 

DFARS subpart in accordance with 5 

U.S.C. 610. Such comments should be 

submitted separately and should cite 

DFARS Case 2006–D037. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 48 

CFR Part 252 as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

1. The authority citation for 48 CFR 

Part 252 continues to read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

2. Section 252.204–7004 is amended 

as follows: 

a. By revising the section heading, 

clause title, and clause date; and 

b. In paragraph (a), by revising the 

definition of ‘‘Registered in the CCR 

database’’ to read as follows: 

252.204–7004 Alternate A, Central 

Contractor Registration. 

Alternate A, Central Contractor 

Registration (XXX 2007) 

* * * * * 

(a) * * * 

‘‘Registered in the CCR database’’

means that—

(1) The Contractor has entered all 

mandatory information, including the 

DUNS number or the DUNS+4 number, 

into the CCR database; 

(2) The Contractor’s CAGE code is in 

the CCR database; and 

(3) The Government has validated all 

mandatory data fields, to include 

validation of the Taxpayer Identification 

Number (TIN) with the Internal Revenue 

Service, and has marked the records 

‘‘Active.’’ The Contractor will be 

required to provide consent for TIN 

validation to the Government as part of 

the CCR registration process. 

[FR Doc. E7–736 Filed 1–19–07; 8:45 am] 

BILLING CODE 5001–08–P 


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