[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 6820-61-M