[Federal Register Volume 73, Number 152 (Wednesday, August 6, 2008)]
[Proposed Rules]
[Pages 45679-45680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17951]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1804 and 1852

RIN 2700-AD38


Personal Identity Verification of Contractors

AGENCY: National Aeronautics and Space Administration.

ACTION: Proposed rule.

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SUMMARY: NASA proposes to revise the NASA FAR Supplement (NFS) to 
update procedures for compliance with Federal Acquisition Regulation 
(FAR) Subpart 4.13, Personal Identity Verification of Contractor 
Personnel. FAR 4.13 requires that agencies include their implementing 
guidance of FIPS 201 and OMB guidance M-05-24 in solicitations and 
contracts that require the contractor to have routine physical access 
to Federally-controlled facilities and/or access to Federally-
controlled information systems. NASA further proposes to designate The 
Assistant Administrator, Office of Security and Program Protection as 
the official with overall responsibility for verifying contractor 
employee personal identity.

DATES: Comments should be submitted on or before October 6, 2008 to be 
considered in formulation of the final rule.

ADDRESSES: Interested parties may submit comments, identified by RIN 
number 2700-AD38, via the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. 
Comments may also be submitted to Leigh Pomponio, NASA Headquarters, 
Office of Procurement, Contract Management Division, Washington, DC 
20546. Comments may also be submitted by e-mail to <a href="/cdn-cgi/l/email-protection#410d242826296f112e2c312e2f282e6c70012f2032206f262e37"><span class="__cf_email__" data-cfemail="f4b8919d939cdaa49b99849b9a9d9bd9c5b49a958795da939b82">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Leigh Pomponio, NASA, Office of 
Procurement, Contract Management Division (Room 5K75); (202) 358-4773; 
e-mail: <a href="/cdn-cgi/l/email-protection#a2eec7cbc5ca8cf2cdcfd2cdcccbcd8f93e2ccc3d1c38cc5cdd4"><span class="__cf_email__" data-cfemail="400c252927286e102f2d302f2e292f6d71002e2133216e272f36">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

A. Background

    Federal Acquisition Circular (FAC 2005-14) implemented a final rule 
amending the FAR by addressing the contractor personal identification 
requirements in Homeland Security Presidential Directive (HSPD-12), 
``Policy for a Common Identification Standard for Federal Employees and 
Contractors,'' and Federal Information Processing Standards Publication 
(FIPS PUB) Number 201, ``Personal Identity Verification (PIV) of 
Federal Employees and Contractors.'' Section 304(A) of the National 
Aeronautics and Space Act of 1958, 42 U.S.C., Section 2455, provides 
that the NASA Administrator shall establish such security requirements, 
restrictions, and safeguards as he deems necessary, and he may arrange 
for such personnel investigations of contractor and subcontractor 
employees as he deems appropriate. NASA's implementing guidance, to be 
used in conjunction with FAR clause 52.204-9, Personal Identity 
Verification of Contractor Personnel, is set forth in NASA Interim 
Directive (NID) Personal Identity Verification (PIV) Policy and 
Procedures, dated May 24, 2007, to NASA Policy Regulation (NPR)-1600.1, 
NASA Security Program Procedural Requirements w/Change 1. The purpose 
of this proposed rule is to establish a new NFS Subpart 1804.13 to 
address NASA PIV requirements.
    This is not a significant regulatory action and, therefore, is not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This proposed 
rule is not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    NASA certifies that this proposed rule will not 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 it merely implements the FAR Common Identification Standard for 
Contractors and does not impose an economic impact beyond that 
addressed in the FAC 2005-14 publication of the FAR final rule.

C. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 104-13) is not applicable 
because the NFS changes do not impose 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 1804 and 1852

    Government procurement.

William P. McNally,
Assistant Administrator for Procurement.
    Accordingly, 48 CFR parts 1804 and 1852 are proposed to be amended 
as follows:
    1. The authority citation for 48 CFR parts 1804 and 1852 continues 
to read as follows:

    Authority: 42 U.S.C. 2455(a), 2473(c)(1).

PART 1804--ADMINISTRATIVE MATTERS

    2. Subpart 1804.13 is added to read as follows:

Subpart 1804.13--Personal Identity Verification of Contractor 
Personnel

Sec.
1804.1303 Contract clause.
1804.1303-70 NASA contract clause.

    The contracting officer shall insert the clause at 1852.204-77, 
NASA Procedures for Personal Identity Verification of Contractor 
Personnel, in solicitations and contracts when the Center Chief of 
Security has determined that a contractor will require routine access 
to Federally-controlled facilities or access to Federally-controlled 
information systems. The Center Chief shall make such a determination, 
on a case-by-case basis, as part of acquisition planning. Section 
1807.104(a) requires the contracting officer to coordinate new 
requirements with the security office and cites NASA NPR 1600.1, NASA 
Security Program Procedural Requirements, as the procedural document 
for identifying and processing

[[Page 45680]]

contractor employees requiring personal identity verification. Clause 
1852.204-77 will be used in conjunction with the clause at FAR 52.204-9 
Personal Identity Verification of Contractor Personnel.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 1852.204-77 is added to read as follows:

1852.204-77 NASA Procedures for Personal Identity Verification of 
Contractor Personnel.

    As prescribed in 1804.1303-70, insert the following clause:
    NASA PROCEDURES FOR PERSONAL IDENTITY VERIFICATION OF CONTRACTOR 
PERSONNEL (XX/XX)

    (a) Performance of this contract requires physical access to 
Federally-controlled facilities and/or access to Federally-
controlled information systems, as determined by NASA. In accordance 
with FAR 52.204-9, Personal Identity Verification of Contractor 
Personnel, the Contractor shall comply with NASA Policy Regulation 
1600.1, NASA Security Program Procedural Requirements, including all 
associated changes and interim directives (referred to hereafter as 
``the NPR''). Electronic copies are available at http://nodis.hq.nasa.gov or from the Contracting Officer. NPR 1600.1 
implements Homeland Security Presidential Directive 12 (HSPD-12), 
Office of Management and Budget (OMB) guidance M-05-24, as amended, 
and Federal Information Processing Standards Publication (FIPS PUB) 
Number 201, as amended.
    (b) The Contractor must apply for NASA badges for all employees 
and subcontractor employees at any tier requiring physical access to 
NASA facilities and/or access to Federally-controlled information 
systems, following the procedures set forth in the NPR. The 
Contractor is responsible for collecting and submitting all requests 
for subcontractor badges, regardless of subcontract tier. If 
approved by the Center Chief of Security, badges will be issued for 
no longer than the contract period of performance inclusive of 
options, but not to exceed 5 years. Badge renewal will be required 
for additional periods. All personnel issued badges must 
conspicuously display the badge above the waistline on the outermost 
garment, and must comply with all requirements applicable to badges 
in effect at the Center.
    (c) NASA will make suitability/access determinations and the 
Center Chief of Security or the PIV Authorizer, in accordance with 
NPR 1600.1, Section 6.2, will approve the issuance of badges based 
upon a background investigation. Criteria for access will be per 5 
CFR part 731. At a minimum, a National Agency Check with Written 
Inquiries (NACI) will be required. The NPR also specifies higher 
level reinvestigation requirements which may be applicable, for 
example due to position risk level changes or time since last 
investigation.
    (d) Other employees who may require access on a non-routine or 
infrequent basis are to be identified by the Contractor for approval 
and registered on an access list under the control of the Center 
security office, as set forth in Center procedures.
    (e) Prior to the initiation of contract performance, the 
Contractor must designate a person responsible for determining that 
an employee (or an employee of a subcontractor at any tier) requires 
physical access to NASA-controlled facilities and/or access to 
federally-controlled information systems in order to perform work 
under the contract. This designated person acts as the Contractor's 
``Requestor.'' The Contractor's Requestor will also be responsible 
for providing updated information as changes occur during the period 
of contract performance (e.g., additions, deletions, and position 
risk changes), and for managing all subcontractor requests. The 
Contractor's Requestor shall provide a list of names, along with 
their position titles and position description summaries to the 
following Center point of contact to initiate the personal identity 
verification credential process. This information shall be submitted 
in sufficient time to allow badge issuance before the employee 
requires access to the NASA-controlled facility or access to the 
federally-controlled information system. Additional information will 
be required subsequent to the initial list, as directed by the 
Center Chief of Security.
    (Insert Center point of contact)
    (f) The Contractor shall include the terms of this clause 
(except for paragraph (e)), suitably modified to identify the 
parties, in all subcontracts when the subcontractor is required to 
have routine physical access to Federally-controlled facilities and/
or access to federally-controlled information systems. The clause 
shall not be used when contractors require only intermittent access 
to federally-controlled facilities.
(End of clause)
[FR Doc. E8-17951 Filed 8-5-08; 8:45 am]
BILLING CODE 7510-01-P


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