General Services Administration (GSA) Acquisition Regulation; Qualifications of Employees Working on Construction or Building Service Contracts

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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