Rule2023-06227
General Services Administration Acquisition Regulation (GSAR); Personal Identity Verification Requirements Clause Reference
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 27, 2023
Effective
April 26, 2023
Issuing agencies
General Services Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 58 (Monday, March 27, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#c48397859694aba8ada7bd84a3b7a5eaa3abb2"><span class="__cf_email__" data-cfemail="5d1a0e1c0f0d3231343e241d3a2e3c733a322b">[email protected]</span></a> or
202-227-7051. For information pertaining to status or publication
schedules, contact the Regulatory Secretariat Division at
<a href="/cdn-cgi/l/email-protection#8ccbdfcddee9ebdfe9efccebffeda2ebe3fa"><span class="__cf_email__" data-cfemail="571004160532300432341730243679303821">[email protected]</span></a> 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.
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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 <a href="https://www.gsa.gov/hspd12">https://www.gsa.gov/hspd12</a>.
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[FR Doc. 2023-06227 Filed 3-24-23; 8:45 am]
BILLING CODE 6820-61-P
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