Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules 59589 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 504 and 552 

[GSAR Case 2006–G510; Docket 2008–0007; 

Sequence 19] 

RIN 3090–AI72 

General Services Acquisition 

Regulation; GSAR Case 2006–G510; 

Rewrite of GSAR Part 504, 

Administrative Matters 

AGENCY: Office of the Chief Acquisition 

Officer, General Services 

Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: The GSA is proposing to 

amend the General Services Acquisition 

Regulation (GSAR) to revise the 

language regarding requirements for 

administrative matters. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before December 8, 

2008 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by GSAR Case 2006–G510 by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘GSAR Case 2006–G510’’ 

under the heading ‘‘Comment or 

Submission’’. Select the link ‘‘Send a 

Comment or Submission’’ that 

corresponds with GSAR Case 2006– 

G510. Follow the instructions provided 

to complete the ‘‘Public Comment and 

Submission Form’’. Please include your 

name, company name (if any), and 

‘‘GSAR Case 2006–G510’’ on your 

attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VPR), 1800 F Street, NW, Room 4041, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite GSAR Case 2006–G510 in 

all correspondence related to this case. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT For 

clarification of content, contact Mr. 

Ernest Woodson at (202) 501–3775, or 

by e-mail at ernest.woodson@gsa.gov. 

For information pertaining to the status 

or publication schedules, contact the 

Regulatory Secretariat (VPR), Room 

4041, GS Building, Washington, DC 

20405, (202) 501–4755. Please cite 

GSAR Case 2006–G510. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The GSA is amending the GSAR to 

update the text addressing GSAR Part 

504, Administrative Matters; Subpart 

504.4, Safeguarding Classified 

Information Within Industry; Subpart 

504.5, Electronic Commerce in 

Contracting; Subpart 504.6, Contract 

Reporting; Subpart 504.11, Central 

Contractor Registration; and Subpart 

504.13, Personal Identify Verification of 

Contractor Personnel. This rule is a 

result of the GSA Acquisition Manual 

(GSAM) Rewrite initiative undertaken 

by the GSA to revise the GSAM to 

maintain consistency with the Federal 

Acquisition Regulation (FAR) and 

implement streamlined and innovative 

acquisition procedures that contractors, 

offerors, and GSA acquisition personnel 

can utilize when entering into and 

administering contractual relationships. 

The GSAM incorporates the GSAR as 

well as internal agency acquisition 

policy. 

The GSA will rewrite each part of the 

GSAR and GSAM, and as each GSAR 

part is rewritten, GSA will publish it in 

the Federal Register. 

This rule covers the rewrite of GSAR 

Parts 504 and 552. The rule revises 

GSAR Subpart 504.4, Safeguarding 

Classified Information Within Industry; 

revises Section 504.402, General; deletes 

duplicative information already 

addressed in FAR 4.402; deletes the 

definition for ‘‘U.S. Industry’’ as the 

term is not referred in the subpart; 

revises Section 504.475, Return of 

classified information, to ensure 

grammatical and structural consistency; 

deletes Subpart 504.5, Electronic 

Commerce in Contracting, in its entirety 

because it duplicates information 

already addressed in FAR 4.5; in 

Subpart 504.6, Contract Reporting, 

redesignates Section 504.602–71, 

Federal Procurement Data SystemPublic Access, as Section 504.605–70, 

Federal Procurement Data SystemPublic Access, to establish a one-time 

fee for direct public access to Federal 

Procurement Data System Database; 

adds a new Subpart 504.11, Central 

Contractor Registration (CCR) and a new 

Section 504.1103, Procedures, to ensure 

that prospective contractors register in 

CCR in accordance with the FAR 

4.1103; adds a new Subpart 504.13, 

Personal Identity Verification of 

Contractor Personnel and new Sections 

504.1301, Policy, and 504.1303, 

Contract Clause, to establish agency 

policy for ensuring compliance with 

Homeland Security Presidential 

Directive, HSPD–12, and prescribe the 

requirements for inserting a new clause 

FAR 552.204–9, Personal Identify 

Verification Requirements, in 

solicitations and contracts when 

contractor employees will require access 

to Federal facilities or information. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The GSA does not expect this 

proposed 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 

revisions are not considered 

substantive. An Initial Regulatory 

Flexibility Analysis has, therefore, not 

been performed. We invite comments 

from small businesses and other 

interested parties. The GSA will 

consider comments from small entities 

concerning the affected GSAR Parts 504 

and 552 in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 601, et seq. (GSAR case 2006– 

G510), in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the GSAR 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 504 and 

552 

Government procurement. 

Dated: September 18, 2008 

Al Matera, 

Director, Office of Acquisition Policy. 

Therefore, GSA proposes to amend 48 

CFR parts 504 and 552 as set forth 

below: 

1. The authority citation for 48 CFR 

parts 504 and 552 continues to read as 

follows: 

Authority: 40 U.S.C. 121(c). 

PART 504—ADMINISTRATIVE 

MATTERS 

2. Revise section 504.402 to read as 

follows: 

504.402 General. 

(a) This subpart prescribes procedures 

for safeguarding classified information 

required to be disclosed to contractors 


jlentini on PROD1PC65 with PROPOSALS
59590 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Proposed Rules 

in connection with the solicitation of 

offers, and the award, performance, and 

termination of contracts. 

(b) As used in this subpart, the term 

‘‘Contractor(s)’’ means prospective 

contractors, subcontractors, vendors, 

and suppliers. 

3. Amend section 504.475 by revising 

paragraph (a), paragraph (b) 

introductory text, and paragraphs (b)(1) 

thru (b)(5)(i) to read as follows: 

504.475 Return of classified information. 

(a) Contracting officers must recover 

classified information, unless it has 

been destroyed as provided in Section 7 

of Chapter 5 of the National Industrial 

Security Program Operating Manual 

(NISPOM). The Government agency that 

provided classified information to a 

GSA contractor is responsible for the 

return of the information. 

(b) Contracting officers must ensure 

that classified information provided by 

the government is returned immediately 

after any of the following events: 

(1) Bid opening or closing date for 

receipt of proposals by non-responding 

offerors. 

(2) Contract award by unsuccessful 

offerors. 

(3) Termination or completion of the 

contract. 

(4) Notification that authorization to 

release classified information has been 

withdrawn. 

(5) After Notification that a facility— 

(i) Does not have adequate means to 

safeguard classified information; or 

* * * * * 

Subpart 504.5 [Removed] 

4. Remove Subpart 504.5. 

504.602–71 [Redesignated as 504.605–70] 

5. Redesignate section 504.602–71 as 

504.605–70. 

6. Add Subpart 504.11 to read as 

follows: 

Subpart 504.11—Central Contractor 

Registration 

Sec. 

504.1103 Procedures. 

Subpart 504.11—Central Contractor 

Registration 

504.1103 Procedures. 

In addition to the requirements found 

in FAR 4.1103, prior to awarding a 

contractual instrument the contracting 

officer must— 

(1) Verify that the prospective 

contractor’s exact legal business name, 

Doing-Business-As (DBA) name (if any), 

physical street address, and Data 

Universal Number System (DUNS) 

number or DUNS+4 number, as found in 

the CCR, matches the information that 

will be placed on the contract, order, or 

agreement from the vendor’s quote or 

proposal. Correct mismatches by having 

the vendor amend the information in 

the CCR or the quote or proposal. The 

CCR information can be accessed 

through GSA’s CCR repository. (Contact 

the GSA Systems Programming Branch 

for instructions, a user ID, and 

password.) 

(2) Ensure that the contractor’s 

address code exists in Pegasys and that 

it is CCR enabled with the contractor’s 

DUNS or DUNS+4 number. This can be 

done by searching Pegasys records using 

the contractor’s Taxpayer Identification 

Number (TIN). If no code exists, request 

that a new address code be established 

by the Finance Center for CCR 

compliance. 

(3) Ensure that the contractor’s 

identifying information is correctly 

placed on the contractual instrument, 

using special care to ensure that the 

legal name and ‘‘remit to’’ name match 

exactly. (Note: Lockbox names or 

numbers should not be used to replace 

the contractor’s name in the remittance 

block on the contractual instrument.) 

7. Add Subpart 504.13 to read as 

follows: 

Subpart 504.13—Personal Identity 

Verification of Contractor Personnel 

Sec. 

504.1301 Policy. 

504.1303 Contract clause. 

Subpart 504.13—Personal Identity 

Verification of Contractor Personnel 

504.1301 Policy. 

Contracting officers must follow the 

procedures contained in the GSA 

HSPD–12 Personal Identify Verification 

and Credentialing Standard Operating 

Procedures, found at http:// 

insite.gsa.gov/hspd12implementation, 

to ensure compliance with Homeland 

Security Presidential Directive–12 

(HSPD–12) ‘‘Policy for a Common 

Identification Standard for Federal 

Employees and Contractors,’’ Office of 

Management and Budget Memorandum 

M–05–24, and Department of Commerce 

FIPS PUB 201. 

504.1303 Contract clause. 

Insert the clause at 552.204–9, 

Personal Identity Verification 

Requirements, in solicitations and 

contracts when it is determined that 

contractor employees will require 

routine physical access to federally 

controlled facilities or information 

systems to perform contract 

requirements. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

8. Add section 552.204–9 to read as 

follows: 

552.204–9 Personal Identity Verification 

Requirements. 

As prescribed in 504.1303, insert the 

following clause: 

PERSONAL IDENTITY VERIFICATION 

REQUIREMENTS (DATE) 

The Contractor shall comply with 

GSA personal identity verification 

requirements, identified by the 

Contracting Officer, if Contractor 

employees require routine physical 

access to GSA controlled facilities or 

information systems to perform contract 

requirements. 

(End of clause) 

[FR Doc. E8–22794 Filed 10–8–08; 8:45 am] 

BILLING CODE 6820–61–S 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 511 and 552 

[GSAR Case 2007–G507; Docket 2008–0007; 

Sequence 21] 

RIN 3090–AI74 

General Services Acquisition 

Regulation; GSAR Case 2007–G507; 

Describing Agency Needs 

AGENCY: Office of the Chief Acquisition 

Officer, General Services 

Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration (GSA) is proposing to 

amend the General Services Acquisition 

Regulation (GSAR) to revise language 

regarding the requirements for 

describing the agency needs. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before December 8, 

2008 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by GSAR Case 2007–G507 by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting ‘‘GSAR 

Case 2007–G507’’ under the heading 

‘‘Comment or Submission’’. Select the 

link ‘‘Send a Comment or Submission’’ 

that corresponds with GSAR Case 2007– 

G507. Follow the instructions provided 

to complete the ‘‘Public Comment and 

Submission Form’’. Please include your 

name, company name (if any), and 


jlentini on PROD1PC65 with PROPOSALS