[Federal Register Volume 59, Number 146 (Monday, August 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18602]
[[Page Unknown]]
[Federal Register: August 1, 1994]
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GENERAL SERVICES ADMINISTRATION
48 CFR Part 552
[GSAR Notice 5-392]
RIN 3090-AF46
General Services Administration (GSA) Acquisition Regulation;
Qualifications of Employees Working on Construction or Building Service
Contracts
agency: Office of Acquisition Policy, GSA.
action: Proposed rule.
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summary: GSA proposes to revise the GSA Acquisition Regulation (GSAR)
to modify the contract clause at 552.237-71, Qualifications of
Employees to add a requirement that the Contractor require each
employee and/or prospective employee who will be performing work under
this contract to obtain, for submission to GSA, a copy of the criminal
history records for each state in which the prospective employee has
resided in during the past ten (10) years.
dates: Comments on the proposed rule should be submitted September 30,
1994 to be considered in the formulation of the final rule.
addresses: Interested parties should submit written comments to Ms.
Marjorie Ashby, General Services Administration, Office of GSA
Acquisition Policy, 18th and F Sts., NW., Washington, DC 20405.
for further information contact: Mr. Edward J. McAndrew, Office of GSA
Acquisition Policy (202) 501-1224.
SUPPLEMENTARY INFORMATION:
A. Executive Order 12866
This rule is not considered a significant action under section 3 of
Executive Order 12866.
B. Regulatory Flexibility Act
This proposed rule is not expected 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 sequentia. It merely
would require prospective employees to obtain copies of criminal and
past performance history records for submission to GSA and the cost of
obtaining such criminal records from the states is usually nominal.
Even if the cost is to be paid by the contractor under a collective
bargaining agreement, such costs are not likely to be significant.
Interested parties may, nonetheless, submit comments on the proposed
rule to the address cited above.
C. Paperwork Reduction Act
The revised provision at 552.237-1, Qualifications of Employees,
contains an information collection requirement that is subject to the
Paperwork Reduction Act (44 U.S.C. et sequentia) and it has been
submitted to the Office of Management and Budget (OMB) for approval
under the Act. Comments on the information collection may be submitted
to the Office of Information and Regulatory Affairs of OMB, Attention:
Desk Officer for GSA, Washington, DC 20503. The title of the
information is 552.237-1, Qualifications of Employees. The clause is
included in building service contracts and requires the contractor to
cause each of its employees and/or prospective employees to provide
information, for submission to GSA, on previous criminal history, if
any, from each state where that person has resided for the past ten
years and the person's past employment history for the same period of
time. A copy of the criminal history records for each state in which
the employee and/or prospective employee has resided during the past
ten (10) years must be submitted along with completed GSA Form 176,
Statement of Personal History, to GSA. The information is needed in
order to process security and suitability clearances which are designed
to ensure the security and safety of Federal personnel and property in
GSA controlled buildings. The estimated annual burden for this
information collection is 10,000 hours. This is based on an estimated
burden of one hour to prepare a generic request for criminal history
records from the appropriate state law enforcement agencies.
List of Subjects in 48 CFR Part 552
Government procurement.
Accordingly, it is proposed that 48 CFR Part 552 be amended as
follows:
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1. The authority citation for 48 CFR Part 552 continues to read as
follows:
Authority: 40 U.S.C. 486(c).
2. Section 552.237-71 is revised to read as follows:
552.237-71 Qualifications of employees.
As prescribed in 537.110(a), insert the following clause:
Qualifications of Employees (XXX 1994)
(a) The Contracting Officer or a designated representative may
require the Contractor to remove any employee(s) from General
Services Administration (GSA) controlled buildings or other real
property should it be determined that the individual(s) is either
unsuitable for security reasons or otherwise unfit to work on GSA
controlled property.
(b) The Contractor shall cause each of its employees and/or
prospective employees who will be preforming work under this
contract to fill out, for submission to GSA, such forms as may be
necessary for security or other reasons including the GSA Form 176,
Statement of Personal History. The Contractor shall also require
each employee and/or prospective employee to obtain, for submission
to GSA, a copy of the criminal history records for each State in
which the prospective employee has resided in during the past ten
(10) years. Upon request of the Contracting Officer, the Contractor
shall cause each of its employees and/or prospective employees to be
fingerprinted.
(c) Each employee of the Contractor shall be a citizen of the
United States of America, or an alien who has been lawfully admitted
for permanent residence as evidenced by Alien Registration Receipt
Card Form I-151 or other evidence from the Immigration and
Naturalization Service that employment will not affect his or her
immigration status.
(End of Clause)
Dated: July 21, 1994.
Ida M. Ustad,
Director, Office of GSA Acquisition Policy.
[FR Doc. 94-18602 Filed 7-29-94; 8:45 am]
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