[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Rules and Regulations]
[Pages 18074-18075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06227]


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GENERAL SERVICES ADMINISTRATION

48 CFR Part 552

[GSAR Case 2022-G521; Docket No. GSA-GSAR-2023-0010; Sequence No. 1]


General Services Administration Acquisition Regulation (GSAR); 
Personal Identity Verification Requirements Clause Reference

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

ACTION: Final rule; technical amendment.

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SUMMARY: The General Services Administration is issuing this final rule 
to make a technical amendment to the General Services Administration 
Acquisition Regulation. A policy referenced within a clause covering 
personal identification verification requirements has an updated number 
and title.

DATES: Effective April 26, 2023.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Kathryn Carlson and Mr. Clarence Harrison at [email protected] or 
202-227-7051. For information pertaining to status or publication 
schedules, contact the Regulatory Secretariat Division at 
[email protected] or 202-501-4755. Please cite GSAR Case 2022-G521.

SUPPLEMENTARY INFORMATION:

I. Background

    The General Services Administration (GSA) conducts routine reviews 
of its acquisition regulations to identify outdated content and to 
ensure GSA policy referenced within the General Services Administration 
Acquisition Regulation (GSAR) is current. GSA discovered that the 
policy referenced in the GSAR clause 552.204-9 Personal Identity 
Verification Requirements was changed from GSA Order CIO P 2181.1 to 
GSA Order ADM 2181.1 in March 2020. The title was also updated from GSA 
HSPD-12 Personal Identity Verification and Credentialing Handbook to 
GSA HSPD-12 Personal Identity Verification and Credentialing, and 
Background Investigations for Contractor Employees. The title update 
provides better clarity regarding the information contained in the GSA 
Order.
    By updating the policy referenced in the GSAR clause, this rule 
ensures contractors are directed to the correct policy.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is 41 U.S.C. 1707. Subsection (a)(1) of 41 
U.S.C. 1707 requires that a procurement policy, regulation, procedure, 
or form (including an amendment or modification thereof) must be 
published for public comment if it relates to the expenditure of 
appropriated funds, and has either a significant effect beyond the 
internal operating procedures of the agency issuing the policy, 
regulation, procedure, or form, or has a significant cost or 
administrative impact on contractors or offerors. This final rule is 
not required to be published for public comment because the change is 
technical in nature and makes conforming updates to the title and 
number of a referenced policy document.

III. Executive Orders 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. 
The Office of Information and Regulatory Affairs (OIRA) in the Office 
of Management and Budget (OMB) has determined that this rule is not a 
significant regulatory action and, therefore, is not subject to review 
under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated 
September 30, 1993.

IV. 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. The General Services 
Administration will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. OIRA has determined that this is not a major rule 
under 5 U.S.C. 804.

V. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not 
apply to this rule because an opportunity for public comment is not 
required to be given for this rule under 41 U.S.C. 1707(a)(1) (see 
Section II. of this preamble). Accordingly, no regulatory flexibility 
analysis is required, and none has been prepared.

VI. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the GSAR do not impose recordkeeping or information collection 
requirements, or the collection of information from

[[Page 18075]]

offerors, contractors, or members of the public 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 Part 552

    Government procurement.


Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy, General Services Administration.

    Therefore, GSA amends 48 CFR part 552 as set forth below:

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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

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


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


552.204-9  Personal Identity Verification Requirements.

* * * * *

Personal Identity Verification Requirements ([APR 2023])

    (a) The Contractor shall comply with GSA personal identity 
verification requirements, identified in ADM 2181.1 GSA HSPD-12 
Personal Identity Verification and Credentialing, and Background 
Investigations for Contractor Employees, if Contractor employees 
require access to GSA controlled facilities or information systems to 
perform contract requirements. The Contractor can find the policy and 
additional information at https://www.gsa.gov/hspd12.
* * * * *
[FR Doc. 2023-06227 Filed 3-24-23; 8:45 am]
BILLING CODE 6820-61-P