[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Rules and Regulations]
[Pages 28499-28500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11109]


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GENERAL SERVICES ADMINISTRATION

[GSAR Case 2020-G525; Docket No. 2021-0012; Sequence No. 1]
RIN 3090-AK26


General Services Administration Acquisition Regulation; Personal 
Identity Verification Requirements Clarification

AGENCY: Office of Acquisition Policy, General Services Administration 
(GSA).

ACTION: Direct final rule.

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SUMMARY: The General Services Administration (GSA) is amending the 
General Services Administration Acquisition Regulation (GSAR) to 
clarify the requirements for Personal Identity Verification (PIV). This 
direct final rule revises a GSAR clause to provide a more specific 
reference to the location of the GSA credentialing handbook. GSA is 
also moving language addressing internal operating procedures around 
option exercise from the GSAR to the non-regulatory General Services 
Administration Acquisition Manual (GSAM).

DATES: This direct final rule is effective on July 26, 2021 without 
further notice unless adverse comments are received. Interested parties 
should submit written comments to the Regulatory Secretariat as noted 
below on or before June 28, 2021 to be considered in the formation of 
the final rule. If GSA receives adverse comments, we will publish a 
timely withdrawal in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit comments in response to GSAR Case 2020-G525 to: 
Regulations.gov: https://www.regulations.gov. Submit comments via the 
Federal eRulemaking portal by searching for ``GSAR Case 2020-G525''. 
Select the link ``Comment Now'' that corresponds with GSAR Case 2020-
G525. Follow the instructions provided at the ``Comment Now'' screen. 
Please include your name, company name (if any), and ``GSAR Case 2020-
G525'' on your attached document. If your comment cannot be submitted 
using https://www.regulations.gov, call or email the points of contact 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    Instructions: Please submit comments only and cite GSAR Case 2020-
G525, in all correspondence related to this case. Comments received 
generally will be posted without change to https://www.regulations.gov, 
including any personal and/or business confidential information 
provided. To confirm receipt of your comment(s), please check https://www.regulations.gov, approximately two to three days after submission 
to verify posting.

FOR FURTHER INFORMATION CONTACT: Ms. Vernita Misidor, Procurement 
Analyst, at 202-357-9681 or email at [email protected], for 
clarification of content. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat at 202-501-
4755. Please cite GSAR Case 2020-G525.

SUPPLEMENTARY INFORMATION: 

I. Background

    Following internal procurement management reviews, GSA identified 
the need to improve certain credentialing administration processes for 
contractors. GSA is amending the GSAR to clarify the personal identity 
verification requirements in GSAR Clause 552.204-9. The clause 
currently references a very broad credentialing website, which does not 
clearly identify the requirements for contractors to follow.

II. Authority for This Rulemaking

    Title 40 of the United States Code (U.S.C.) Section 121 authorizes 
GSA to issue regulations, including the GSAR, to control the 
relationship between GSA and contractors.

III. Discussion of the Rule

    GSA is amending the GSAR to specifically reference the Office of 
Mission Assurance CIO P 2181.1 GSA HSPD-12 Personal Identity 
Verification and Credentialing Handbook rather than just the general 
website for credentialing. The change to reference the Handbook will 
allow for contractor personnel to easily find the information needed 
related to PIV cards and will eliminate issues that could arise in the 
event that the website link becomes broken. GSA is also moving text 
dealing with the exercise of options from the GSAR to the non-
regulatory GSAM. This move is being made because the language only 
addresses responsibilities of Contracting Officers in preparing 
documentation. As such, it is not regulatory material.

[[Page 28500]]

IV. Executive Order 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This rule has been reviewed and determined by OMB not to be a 
significant regulatory action and, therefore, was not subject to review 
under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated 
September 30, 1993.

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a ``major rule'' may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. A major rule cannot take 
effect until 60 days after it is published in the Federal Register. 
This rule has been reviewed and determined by OMB not to be a ``major 
rule'' under 5 U.S.C. 804(2).

VI. Regulatory Flexibility Act

    GSA does not expect this direct final 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.

VII. Paperwork Reduction Act

    The direct final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 517 and 552

    Government procurement.

Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Governmentwide Policy, General Services Administration.

    Therefore, GSA amends 48 CFR parts 517 and 552 as set forth below:

0
1. The authority citation for 48 CFR parts 517 and 552 continues to 
read as follows:

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

PART 517--SPECIAL CONTRACTING METHODS

0
2. Revise section 517.207 to read as follows:


517.207  Exercise of options.

    In addition to the requirements of FAR 17.207, the contracting 
officer must also:
    (a) Document the contract file with the rationale for an extended 
contractual relationship if the contractor's performance rating under 
the contract is less than satisfactory.
    (b) Determine that the option price is fair and reasonable.
    (c) The consideration of other factors as prescribed by FAR 
17.207(c)(3) should also include consideration of any tiered solutions 
(see subpart 507.71) or mandated solutions that were otherwise not 
available at the time of award.
    (d) Conduct a Personal Identity Verification card review to 
determine the need for continued access, see 504.1370(c). This function 
may be delegated to the COR.

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 552.204-9 by revising the date of the clause and 
paragraph (a) to read as follows:


552.204-9   Personal Identity Verification Requirements.

* * * * *

Personal Identity Verification Requirements (Jun, 2021)

    (a) The contractor shall comply with GSA personal identity 
verification requirements, identified in the CIO P 2181.1 GSA HSPD-12 
Personal Identity Verification and Credentialing Handbook, if 
contractor employees require access to GSA controlled facilities or 
information systems to perform contract requirements. The contractor 
can find the CIO policy and additional information at http://www.gsa.gov/hspd12.
* * * * *
[FR Doc. 2021-11109 Filed 5-26-21; 8:45 am]
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