80_FR_43170 80 FR 43031 - NASA Federal Acquisition Regulation Supplement; Correction

80 FR 43031 - NASA Federal Acquisition Regulation Supplement; Correction

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 139 (July 21, 2015)

Page Range43031-43033
FR Document2015-17717

The National Aeronautics and Space Administration (NASA) published a final rule in the Federal Register on Thursday, March 12, 2015 (80 FR 12935), as part of the NASA Federal Acquisition Regulation Supplement (NFS) regulatory review. That document (80 FR 12835) inadvertently removed sections of the NFS that relate to access and release of sensitive information in the performance of advisory and assistance services in NFS parts 1837 and 1852. This document corrects the final rule by reinstating these original sections of the regulation.

Federal Register, Volume 80 Issue 139 (Tuesday, July 21, 2015)
[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Rules and Regulations]
[Pages 43031-43033]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17717]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1837 and 1852

RIN 2700-AE01 and 2700-AE09


NASA Federal Acquisition Regulation Supplement; Correction

AGENCY: National Aeronautics and Space Administration.

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: The National Aeronautics and Space Administration (NASA) 
published a final rule in the Federal Register on Thursday, March 12, 
2015 (80 FR 12935), as part of the NASA Federal Acquisition Regulation 
Supplement (NFS) regulatory review. That document (80 FR 12835) 
inadvertently removed sections of the NFS that relate to access and 
release of sensitive information in the performance of advisory and 
assistance services in NFS parts 1837 and 1852. This document corrects 
the final rule by reinstating these original sections of the 
regulation.

DATES: Effective: July 21, 2015.

FOR FURTHER INFORMATION CONTACT: Marilyn J. Seppi, NASA, Office of 
Procurement, Contract and Grant Policy Division, via email at 
[email protected], or telephone (202) 358-0447.

SUPPLEMENTARY INFORMATION:

I. Background

    NASA published a final rule in the Federal Register on March 12, 
2015, inadvertently removing from the Code of Federal Regulations (CFR) 
those sections of the NASA FAR Supplement that contained information 
related to access and release of sensitive information while performing 
contracted advisory and assistance contracts. As published, the rule 
contains errors due to inadvertent deletion of text that needs to be 
corrected. Specifically, in amendatory instruction 49 on page 12944 of 
that final rule, NFS sections 1837.203-70, 1837.203-71, and 1837.203-72 
were erroneously deleted and need to be restored. In addition, in 
amendatory instruction 94 on page 12953 of the final rule, the 
associated clauses at NFS 1852.237-72 and 1852.237-73 were also removed 
in error and need to be restored. NASA is not altering these policies 
and regulations, but rather, correcting an inadvertent deletion. This 
document corrects the final rule by revising these sections.

List of Subject in 48 CFR Parts 1837 and 1852

    Government procurement.

Cynthia Boots,
Alternate Federal Register Liaison.

    Accordingly, 48 CFR parts 1837 and 1852 are amended as follows:

PART 1837--SERVICE CONTRACTING

0
1. The authority citation for part 1837 is revised to read as follows:

    Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.


0
2. Revise subpart 1837.2 to read as follows:
Subpart 1837.2--Advisory and Assistance Services
Sec.
1837.203 Policy.
1837.203-70 Providing contractors access to sensitive information.
1837.303-71 Release of contractors' sensitive information.
1837.203-72 NASA contract clauses.

Subpart 1837.2--Advisory and Assistance Services


1837.203  Policy.

    (c) Advisory and assistance services of individual experts and 
consultants shall normally be obtained by appointment rather than by 
contract (see NPR 3300.1, Appointment of Personnel To/From NASA, 
Chapter 4, Employment of Experts and Consultants).


1837.203-70  Providing contractors access to sensitive information.

    (a)(1) As used in this subpart, ``sensitive information'' refers to 
information that the contractor has developed at private expense or 
that the Government has generated that qualifies for an exception to 
the Freedom of Information Act, which is not currently in the public 
domain, may embody trade secrets or commercial or financial 
information, and may be sensitive or privileged, the disclosure of 
which is likely to have either of the following effects: To impair the 
Government's ability to obtain this type of information in the future; 
or to cause substantial harm to the competitive position of the person 
from whom the information was obtained. The term is not intended to 
resemble the markings of national security documents as in sensitive-
secret-top secret.

[[Page 43032]]

    (2) As used in this subpart, ``requiring organization'' refers to 
the NASA organizational element or activity that requires specified 
services to be provided.
    (3) As used in this subpart, ``service provider'' refers to the 
service contractor that receives sensitive information from NASA to 
provide services to the requiring organization.
    (b)(1) To support management activities and administrative 
functions, NASA relies on numerous service providers. These contractors 
may require access to sensitive information in the Government's 
possession, which may be entitled to protection from unauthorized use 
or disclosure.
    (2) As an initial step, the requiring organization shall identify 
when needed services may entail access to sensitive information and 
shall determine whether providing access is necessary for accomplishing 
the Agency's mission. The requiring organization shall review any 
service provider requests for access to information to determine 
whether the access is necessary and whether the information requested 
is considered ``sensitive'' as defined in paragraph (a)(1) of this 
section.
    (c) When the requiring organization determines that providing 
specified services will entail access to sensitive information, the 
solicitation shall require each potential service provider to submit 
with its proposal a preliminary analysis of possible organizational 
conflicts of interest that might flow from the award of a contract. 
After selection, or whenever it becomes clear that performance will 
necessitate access to sensitive information, the service provider must 
submit a comprehensive organizational conflicts of interest avoidance 
plan.
    (d) This comprehensive plan shall incorporate any previous studies 
performed, shall thoroughly analyze all organizational conflicts of 
interest that might arise because the service provider has access to 
other companies' sensitive information, and shall establish specific 
methods to control, mitigate, or eliminate all problems identified. The 
contracting officer, with advice from Center counsel, shall review the 
plan for completeness and identify to the service provider substantive 
weaknesses and omissions for necessary correction. Once the service 
provider has corrected the substantive weaknesses and omissions, the 
contracting officer shall incorporate the revised plan into the 
contract, as a compliance document.
    (e) If the service provider will be operating an information 
technology system for NASA that contains sensitive information, the 
operating contract shall include the clause at 1852.204-76, Security 
Requirements for Unclassified Information Technology Resources, which 
requires the implementation of an Information Technology Security Plan 
to protect information processed, stored, or transmitted from 
unauthorized access, alteration, disclosure, or use.
    (f) NASA will monitor performance to assure any service provider 
that requires access to sensitive information follows the steps 
outlined in the clause at 1852.237-72, Access to Sensitive Information, 
to protect the information from unauthorized use or disclosure.


1837.203-71  Release of contractors' sensitive information.

    Pursuant to the clause at 1852.237-73, Release of Sensitive 
Information, offerors and contractors agree that NASA may release their 
sensitive information when requested by service providers in accordance 
with the procedures prescribed in 1837.203-70 and subject to the 
safeguards and protections delineated in the clause at 1852.237-72, 
Access to Sensitive Information. As required by the clause at 1852.237-
73, or other contract clause or solicitation provision, contractors 
must identify information they claim to be ``sensitive'' submitted as 
part of a proposal or in the course of performing a contract. The 
contracting officer shall evaluate all contractor claims of sensitivity 
in deciding how NASA should respond to requests from service providers 
for access to information.


1837.203-72  NASA contract clauses.

    (a) The contracting officer shall insert the clause at 1852.237-72, 
Access to Sensitive Information, in all solicitations and contracts for 
services that may require access to sensitive information belonging to 
other companies or generated by the Government.
    (b) The contracting officer shall insert the clause at 1852.237-73, 
Release of Sensitive Information, in all solicitations, contracts, and 
basic ordering agreements.

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. The authority citation for part 1852 continues to read as follows:

    Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.


0
4. In subpart 1852.2, add sections 1852.237-72 and 1852.237-73 to read 
as follows:


1852.237-72  Access to Sensitive Information.

    As prescribed in 1837.203-72(a), insert the following clause:

ACCESS TO SENSITIVE INFORMATION

    (JUNE 2005)

    (a) As used in this clause, ``sensitive information'' refers to 
information that a contractor has developed at private expense, or 
that the Government has generated that qualifies for an exception to 
the Freedom of Information Act, which is not currently in the public 
domain, and which may embody trade secrets or commercial or 
financial information, and which may be sensitive or privileged.
    (b) To assist NASA in accomplishing management activities and 
administrative functions, the Contractor shall provide the services 
specified elsewhere in this contract.
    (c) If performing this contract entails access to sensitive 
information, as defined above, the Contractor agrees to--
    (1) Utilize any sensitive information coming into its possession 
only for the purposes of performing the services specified in this 
contract, and not to improve its own competitive position in another 
procurement.
    (2) Safeguard sensitive information coming into its possession 
from unauthorized use and disclosure.
    (3) Allow access to sensitive information only to those 
employees that need it to perform services under this contract.
    (4) Preclude access and disclosure of sensitive information to 
persons and entities outside of the Contractor's organization.
    (5) Train employees who may require access to sensitive 
information about their obligations to utilize it only to perform 
the services specified in this contract and to safeguard it from 
unauthorized use and disclosure.
    (6) Obtain a written affirmation from each employee that he/she 
has received and will comply with training on the authorized uses 
and mandatory protections of sensitive information needed in 
performing this contract.
    (7) Administer a monitoring process to ensure that employees 
comply with all reasonable security procedures, report any breaches 
to the Contracting Officer, and implement any necessary corrective 
actions.
    (d) The Contractor will comply with all procedures and 
obligations specified in its Organizational Conflicts of Interest 
Avoidance Plan, which this contract incorporates as a compliance 
document.
    (e) The nature of the work on this contract may subject the 
Contractor and its employees to a variety of laws and regulations 
relating to ethics, conflicts of interest, corruption, and other 
criminal or civil matters relating to the award and administration 
of government contracts. Recognizing that this contract establishes 
a high standard of accountability and trust, the Government will 
carefully review the Contractor's performance in relation to the 
mandates and restrictions found in these laws and regulations. 
Unauthorized uses or disclosures of sensitive information may result 
in termination of this

[[Page 43033]]

contract for default, or in debarment of the Contractor for serious 
misconduct affecting present responsibility as a government 
contractor.
    (f) The Contractor shall include the substance of this clause, 
including this paragraph (f), suitably modified to reflect the 
relationship of the parties, in all subcontracts that may involve 
access to sensitive information.


(End of clause)


1852.237-73  Release of Sensitive Information.

    As prescribed in 1837.203-72(b), insert the following clause:

RELEASE OF SENSITIVE INFORMATION

    (JUNE 2005)

    (a) As used in this clause, ``sensitive information'' refers to 
information, not currently in the public domain, that the Contractor 
has developed at private expense, that may embody trade secrets or 
commercial or financial information, and that may be sensitive or 
privileged.
    (b) In accomplishing management activities and administrative 
functions, NASA relies heavily on the support of various service 
providers. To support NASA activities and functions, these service 
providers, as well as their subcontractors and their individual 
employees, may need access to sensitive information submitted by the 
Contractor under this contract. By submitting this proposal or 
performing this contract, the Contractor agrees that NASA may 
release to its service providers, their subcontractors, and their 
individual employees, sensitive information submitted during the 
course of this procurement, subject to the enumerated protections 
mandated by the clause at 1852.237-72, Access to Sensitive 
Information.
    (c)(1) The Contractor shall identify any sensitive information 
submitted in support of this proposal or in performing this 
contract. For purposes of identifying sensitive information, the 
Contractor may, in addition to any other notice or legend otherwise 
required, use a notice similar to the following:
    Mark the title page with the following legend:
    This proposal or document includes sensitive information that 
NASA shall not disclose outside the Agency and its service providers 
that support management activities and administrative functions. To 
gain access to this sensitive information, a service provider's 
contract must contain the clause at NFS 1852.237-72, Access to 
Sensitive Information. Consistent with this clause, the service 
provider shall not duplicate, use, or disclose the information in 
whole or in part for any purpose other than to perform the services 
specified in its contract. This restriction does not limit the 
Government's right to use this information if it is obtained from 
another source without restriction. The information subject to this 
restriction is contained in pages [insert page numbers or other 
identification of pages].
    Mark each page of sensitive information the Contractor wishes to 
restrict with the following legend:
    Use or disclosure of sensitive information contained on this 
page is subject to the restriction on the title page of this 
proposal or document.
    (2) The Contracting Officer shall evaluate the facts supporting 
any claim that particular information is ``sensitive.'' This 
evaluation shall consider the time and resources necessary to 
protect the information in accordance with the detailed safeguards 
mandated by the clause at 1852.237-72, Access to Sensitive 
Information. However, unless the Contracting Officer decides, with 
the advice of Center counsel, that reasonable grounds exist to 
challenge the Contractor's claim that particular information is 
sensitive, NASA and its service providers and their employees shall 
comply with all of the safeguards contained in paragraph (d) of this 
clause.
    (d) To receive access to sensitive information needed to assist 
NASA in accomplishing management activities and administrative 
functions, the service provider must be operating under a contract 
that contains the clause at 1852.237-72, Access to Sensitive 
Information. This clause obligates the service provider to do the 
following:
    (1) Comply with all specified procedures and obligations, 
including the Organizational Conflicts of Interest Avoidance Plan, 
which the contract has incorporated as a compliance document.
    (2) Utilize any sensitive information coming into its possession 
only for the purpose of performing the services specified in its 
contract.
    (3) Safeguard sensitive information coming into its possession 
from unauthorized use and disclosure.
    (4) Allow access to sensitive information only to those 
employees that need it to perform services under its contract.
    (5) Preclude access and disclosure of sensitive information to 
persons and entities outside of the service provider's organization.
    (6) Train employees who may require access to sensitive 
information about their obligations to utilize it only to perform 
the services specified in its contract and to safeguard it from 
unauthorized use and disclosure.
    (7) Obtain a written affirmation from each employee that he/she 
has received and will comply with training on the authorized uses 
and mandatory protections of sensitive information needed in 
performing this contract.
    (8) Administer a monitoring process to ensure that employees 
comply with all reasonable security procedures, report any breaches 
to the Contracting Officer, and implement any necessary corrective 
actions.
    (e) When the service provider will have primary responsibility 
for operating an information technology system for NASA that 
contains sensitive information, the service provider's contract 
shall include the clause at 1852.204-76, Security Requirements for 
Unclassified Information Technology Resources. The Security 
Requirements clause requires the service provider to implement an 
Information Technology Security Plan to protect information 
processed, stored, or transmitted from unauthorized access, 
alteration, disclosure, or use. Service provider personnel requiring 
privileged access or limited privileged access to these information 
technology systems are subject to screening using the standard 
National Agency Check (NAC) forms appropriate to the level of risk 
for adverse impact to NASA missions. The Contracting Officer may 
allow the service provider to conduct its own screening, provided 
the service provider employs substantially equivalent screening 
procedures.
    (f) This clause does not affect NASA's responsibilities under 
the Freedom of Information Act.
    (g) The Contractor shall insert this clause, including this 
paragraph (g), suitably modified to reflect the relationship of the 
parties, in all subcontracts that may require the furnishing of 
sensitive information.


(End of clause)

[FR Doc. 2015-17717 Filed 7-20-15; 8:45 am]
BILLING CODE 7510-13-P



                                                                      Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations                                             43031

                                                  § 1.1911   Demand for payment.                           payment or applicable agreement or                    removed in error and need to be
                                                  *      *     *     *    *                                instrument (including a post-                         restored. NASA is not altering these
                                                     (d) The Commission may, as                            delinquency payment agreement) unless                 policies and regulations, but rather,
                                                  circumstances and the nature of the debt                 other satisfactory payment arrangements               correcting an inadvertent deletion. This
                                                  permit, include in demand letters such                   have been made.                                       document corrects the final rule by
                                                  items as the Commission’s willingness                    [FR Doc. 2015–17288 Filed 7–20–15; 8:45 am]           revising these sections.
                                                  to discuss alternative methods of                        BILLING CODE 6712–01–P                                List of Subject in 48 CFR Parts 1837 and
                                                  payment; its policies with respect to the                                                                      1852
                                                  use of credit bureaus, debt collection
                                                  centers, and collection agencies; the                                                                            Government procurement.
                                                                                                           NATIONAL AERONAUTICS AND
                                                  Commission’s remedies to enforce                         SPACE ADMINISTRATION                                  Cynthia Boots,
                                                  payment of the debt (including                                                                                 Alternate Federal Register Liaison.
                                                  assessment of interest, administrative                   48 CFR Parts 1837 and 1852
                                                  costs and penalties, administrative                                                                              Accordingly, 48 CFR parts 1837 and
                                                                                                           RIN 2700–AE01 and 2700–AE09                           1852 are amended as follows:
                                                  garnishment, the use of collection
                                                  agencies, Federal salary offset, tax                     NASA Federal Acquisition Regulation
                                                  refund offset, administrative offset, and                                                                      PART 1837—SERVICE CONTRACTING
                                                                                                           Supplement; Correction
                                                  litigation); the requirement that any debt                                                                     ■  1. The authority citation for part 1837
                                                  delinquent for more than 120 days be                     AGENCY:  National Aeronautics and                     is revised to read as follows:
                                                  transferred to the Department of the                     Space Administration.
                                                                                                                                                                   Authority: 51 U.S.C. 20113(a) and 48 CFR
                                                  Treasury for collection; and, depending                  ACTION: Correcting amendments.
                                                                                                                                                                 chapter 1.
                                                  on applicable statutory authority, the
                                                  debtor’s entitlement to consideration of                 SUMMARY:   The National Aeronautics and               ■ 2. Revise subpart 1837.2 to read as
                                                  a waiver. Where applicable, the debtor                   Space Administration (NASA)                           follows:
                                                  will be provided with a period of time                   published a final rule in the Federal
                                                                                                           Register on Thursday, March 12, 2015                  Subpart 1837.2—Advisory and Assistance
                                                  (normally not more than 15 calendar                                                                            Services
                                                  days) from the date of the demand in                     (80 FR 12935), as part of the NASA
                                                                                                           Federal Acquisition Regulation                        Sec.
                                                  which to exercise the opportunity to                                                                           1837.203 Policy.
                                                  request a review.                                        Supplement (NFS) regulatory review.
                                                                                                                                                                 1837.203–70 Providing contractors access
                                                                                                           That document (80 FR 12835)
                                                  *      *     *     *    *                                                                                           to sensitive information.
                                                                                                           inadvertently removed sections of the                 1837.303–71 Release of contractors’
                                                  ■ 3. Revise § 1.1912(b)(1) to read as                    NFS that relate to access and release of
                                                  follows:                                                                                                            sensitive information.
                                                                                                           sensitive information in the                          1837.203–72 NASA contract clauses.
                                                  § 1.1912   Collection by administrative                  performance of advisory and assistance
                                                  offset.                                                  services in NFS parts 1837 and 1852.                  Subpart 1837.2—Advisory and
                                                  *     *     *     *    *                                 This document corrects the final rule by              Assistance Services
                                                    (b) Mandatory centralized                              reinstating these original sections of the
                                                                                                                                                                 1837.203    Policy.
                                                  administrative offset. (1) The                           regulation.
                                                                                                           DATES: Effective: July 21, 2015.
                                                                                                                                                                   (c) Advisory and assistance services of
                                                  Commission is required to refer past                                                                           individual experts and consultants shall
                                                  due, legally enforceable nontax debts                    FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                 normally be obtained by appointment
                                                  which are over 120 days delinquent to                    Marilyn J. Seppi, NASA, Office of                     rather than by contract (see NPR 3300.1,
                                                  the Treasury for collection by                           Procurement, Contract and Grant Policy                Appointment of Personnel To/From
                                                  centralized administrative offset. Debts                 Division, via email at marilyn.j.seppi-1@             NASA, Chapter 4, Employment of
                                                  which are less than 120 days delinquent                  nasa.gov, or telephone (202) 358–0447.                Experts and Consultants).
                                                  also may be referred to the Treasury for                 SUPPLEMENTARY INFORMATION:
                                                  this purpose. See FCCS for debt                                                                                1837.203–70 Providing contractors access
                                                  certification requirements.                              I. Background                                         to sensitive information.
                                                  *     *     *     *    *                                    NASA published a final rule in the                    (a)(1) As used in this subpart,
                                                  ■ 4. Revise § 1.1917(c) to read as
                                                                                                           Federal Register on March 12, 2015,                   ‘‘sensitive information’’ refers to
                                                  follows:                                                 inadvertently removing from the Code                  information that the contractor has
                                                                                                           of Federal Regulations (CFR) those                    developed at private expense or that the
                                                  § 1.1917 Referrals to the Department of                  sections of the NASA FAR Supplement                   Government has generated that qualifies
                                                  Justice and transfer of delinquent debt to               that contained information related to                 for an exception to the Freedom of
                                                  the Secretary of Treasury.                               access and release of sensitive                       Information Act, which is not currently
                                                  *     *     *    *     *                                 information while performing                          in the public domain, may embody
                                                    (c) All non-tax debts of claims owed                   contracted advisory and assistance                    trade secrets or commercial or financial
                                                  to the Commission that have been                         contracts. As published, the rule                     information, and may be sensitive or
                                                  delinquent for a period of 120 days shall                contains errors due to inadvertent                    privileged, the disclosure of which is
                                                  be transferred to the Secretary of the                   deletion of text that needs to be                     likely to have either of the following
                                                  Treasury. Debts which are less than 120                  corrected. Specifically, in amendatory                effects: To impair the Government’s
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  days delinquent may also be referred to                  instruction 49 on page 12944 of that                  ability to obtain this type of information
                                                  the Treasury. Upon such transfer the                     final rule, NFS sections 1837.203–70,                 in the future; or to cause substantial
                                                  Secretary of the Treasury shall take                     1837.203–71, and 1837.203–72 were                     harm to the competitive position of the
                                                  appropriate action to collect or                         erroneously deleted and need to be                    person from whom the information was
                                                  terminate collection actions on the debt                 restored. In addition, in amendatory                  obtained. The term is not intended to
                                                  or claim. A debt is past-due if it has not               instruction 94 on page 12953 of the final             resemble the markings of national
                                                  been paid by the date specified in the                   rule, the associated clauses at NFS                   security documents as in sensitive-
                                                  Commission’s initial written demand for                  1852.237–72 and 1852.237–73 were also                 secret-top secret.


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                                                  43032               Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations

                                                     (2) As used in this subpart, ‘‘requiring              include the clause at 1852.204–76,                    1852.237–72      Access to Sensitive
                                                  organization’’ refers to the NASA                        Security Requirements for Unclassified                Information.
                                                  organizational element or activity that                  Information Technology Resources,                       As prescribed in 1837.203–72(a),
                                                  requires specified services to be                        which requires the implementation of                  insert the following clause:
                                                  provided.                                                an Information Technology Security                    ACCESS TO SENSITIVE
                                                     (3) As used in this subpart, ‘‘service                Plan to protect information processed,                INFORMATION
                                                  provider’’ refers to the service contractor              stored, or transmitted from
                                                  that receives sensitive information from                 unauthorized access, alteration,                        (JUNE 2005)
                                                  NASA to provide services to the                          disclosure, or use.                                      (a) As used in this clause, ‘‘sensitive
                                                  requiring organization.                                                                                        information’’ refers to information that a
                                                                                                             (f) NASA will monitor performance to                contractor has developed at private expense,
                                                     (b)(1) To support management
                                                                                                           assure any service provider that requires             or that the Government has generated that
                                                  activities and administrative functions,
                                                                                                           access to sensitive information follows               qualifies for an exception to the Freedom of
                                                  NASA relies on numerous service
                                                                                                           the steps outlined in the clause at                   Information Act, which is not currently in
                                                  providers. These contractors may
                                                                                                           1852.237–72, Access to Sensitive                      the public domain, and which may embody
                                                  require access to sensitive information                                                                        trade secrets or commercial or financial
                                                                                                           Information, to protect the information
                                                  in the Government’s possession, which                                                                          information, and which may be sensitive or
                                                                                                           from unauthorized use or disclosure.
                                                  may be entitled to protection from                                                                             privileged.
                                                  unauthorized use or disclosure.                          1837.203–71 Release of contractors’                      (b) To assist NASA in accomplishing
                                                     (2) As an initial step, the requiring                 sensitive information.                                management activities and administrative
                                                  organization shall identify when needed                                                                        functions, the Contractor shall provide the
                                                  services may entail access to sensitive                     Pursuant to the clause at 1852.237–73,             services specified elsewhere in this contract.
                                                  information and shall determine                          Release of Sensitive Information,                        (c) If performing this contract entails access
                                                  whether providing access is necessary                    offerors and contractors agree that                   to sensitive information, as defined above,
                                                  for accomplishing the Agency’s mission.                  NASA may release their sensitive                      the Contractor agrees to—
                                                  The requiring organization shall review                  information when requested by service                    (1) Utilize any sensitive information
                                                                                                           providers in accordance with the                      coming into its possession only for the
                                                  any service provider requests for access                                                                       purposes of performing the services specified
                                                  to information to determine whether the                  procedures prescribed in 1837.203–70
                                                                                                           and subject to the safeguards and                     in this contract, and not to improve its own
                                                  access is necessary and whether the                                                                            competitive position in another procurement.
                                                  information requested is considered                      protections delineated in the clause at
                                                                                                                                                                    (2) Safeguard sensitive information coming
                                                  ‘‘sensitive’’ as defined in paragraph                    1852.237–72, Access to Sensitive                      into its possession from unauthorized use
                                                  (a)(1) of this section.                                  Information. As required by the clause                and disclosure.
                                                     (c) When the requiring organization                   at 1852.237–73, or other contract clause                 (3) Allow access to sensitive information
                                                  determines that providing specified                      or solicitation provision, contractors                only to those employees that need it to
                                                  services will entail access to sensitive                 must identify information they claim to               perform services under this contract.
                                                  information, the solicitation shall                      be ‘‘sensitive’’ submitted as part of a                  (4) Preclude access and disclosure of
                                                                                                           proposal or in the course of performing               sensitive information to persons and entities
                                                  require each potential service provider                                                                        outside of the Contractor’s organization.
                                                  to submit with its proposal a                            a contract. The contracting officer shall
                                                                                                                                                                    (5) Train employees who may require
                                                  preliminary analysis of possible                         evaluate all contractor claims of
                                                                                                                                                                 access to sensitive information about their
                                                  organizational conflicts of interest that                sensitivity in deciding how NASA                      obligations to utilize it only to perform the
                                                  might flow from the award of a contract.                 should respond to requests from service               services specified in this contract and to
                                                  After selection, or whenever it becomes                  providers for access to information.                  safeguard it from unauthorized use and
                                                  clear that performance will necessitate                                                                        disclosure.
                                                                                                           1837.203–72      NASA contract clauses.                  (6) Obtain a written affirmation from each
                                                  access to sensitive information, the
                                                  service provider must submit a                             (a) The contracting officer shall insert            employee that he/she has received and will
                                                                                                           the clause at 1852.237–72, Access to                  comply with training on the authorized uses
                                                  comprehensive organizational conflicts                                                                         and mandatory protections of sensitive
                                                  of interest avoidance plan.                              Sensitive Information, in all
                                                                                                                                                                 information needed in performing this
                                                     (d) This comprehensive plan shall                     solicitations and contracts for services              contract.
                                                  incorporate any previous studies                         that may require access to sensitive                     (7) Administer a monitoring process to
                                                  performed, shall thoroughly analyze all                  information belonging to other                        ensure that employees comply with all
                                                  organizational conflicts of interest that                companies or generated by the                         reasonable security procedures, report any
                                                  might arise because the service provider                 Government.                                           breaches to the Contracting Officer, and
                                                  has access to other companies’ sensitive                   (b) The contracting officer shall insert            implement any necessary corrective actions.
                                                  information, and shall establish specific                the clause at 1852.237–73, Release of                    (d) The Contractor will comply with all
                                                  methods to control, mitigate, or                                                                               procedures and obligations specified in its
                                                                                                           Sensitive Information, in all                         Organizational Conflicts of Interest
                                                  eliminate all problems identified. The                   solicitations, contracts, and basic                   Avoidance Plan, which this contract
                                                  contracting officer, with advice from                    ordering agreements.                                  incorporates as a compliance document.
                                                  Center counsel, shall review the plan for                                                                         (e) The nature of the work on this contract
                                                  completeness and identify to the service                 PART 1852—SOLICITATION                                may subject the Contractor and its employees
                                                  provider substantive weaknesses and                      PROVISIONS AND CONTRACT                               to a variety of laws and regulations relating
                                                  omissions for necessary correction.                      CLAUSES                                               to ethics, conflicts of interest, corruption, and
                                                  Once the service provider has corrected                                                                        other criminal or civil matters relating to the
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  the substantive weaknesses and                           ■ 3. The authority citation for part 1852             award and administration of government
                                                  omissions, the contracting officer shall                 continues to read as follows:                         contracts. Recognizing that this contract
                                                                                                                                                                 establishes a high standard of accountability
                                                  incorporate the revised plan into the                      Authority: 51 U.S.C. 20113(a) and 48 CFR            and trust, the Government will carefully
                                                  contract, as a compliance document.                      chapter 1.                                            review the Contractor’s performance in
                                                     (e) If the service provider will be                                                                         relation to the mandates and restrictions
                                                  operating an information technology                      ■ 4. In subpart 1852.2, add sections                  found in these laws and regulations.
                                                  system for NASA that contains sensitive                  1852.237–72 and 1852.237–73 to read as                Unauthorized uses or disclosures of sensitive
                                                  information, the operating contract shall                follows:                                              information may result in termination of this



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                                                                      Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations                                               43033

                                                  contract for default, or in debarment of the               Mark each page of sensitive information             Technology Security Plan to protect
                                                  Contractor for serious misconduct affecting              the Contractor wishes to restrict with the            information processed, stored, or transmitted
                                                  present responsibility as a government                   following legend:                                     from unauthorized access, alteration,
                                                  contractor.                                                Use or disclosure of sensitive information          disclosure, or use. Service provider
                                                    (f) The Contractor shall include the                   contained on this page is subject to the              personnel requiring privileged access or
                                                  substance of this clause, including this                 restriction on the title page of this proposal        limited privileged access to these information
                                                  paragraph (f), suitably modified to reflect the          or document.                                          technology systems are subject to screening
                                                  relationship of the parties, in all subcontracts           (2) The Contracting Officer shall evaluate          using the standard National Agency Check
                                                  that may involve access to sensitive                     the facts supporting any claim that particular        (NAC) forms appropriate to the level of risk
                                                  information.                                             information is ‘‘sensitive.’’ This evaluation         for adverse impact to NASA missions. The
                                                                                                           shall consider the time and resources                 Contracting Officer may allow the service
                                                  (End of clause)                                          necessary to protect the information in               provider to conduct its own screening,
                                                                                                           accordance with the detailed safeguards               provided the service provider employs
                                                  1852.237–73      Release of Sensitive                    mandated by the clause at 1852.237–72,                substantially equivalent screening
                                                  Information.                                             Access to Sensitive Information. However,             procedures.
                                                    As prescribed in 1837.203–72(b),                       unless the Contracting Officer decides, with             (f) This clause does not affect NASA’s
                                                                                                           the advice of Center counsel, that reasonable         responsibilities under the Freedom of
                                                  insert the following clause:                                                                                   Information Act.
                                                                                                           grounds exist to challenge the Contractor’s
                                                  RELEASE OF SENSITIVE                                     claim that particular information is sensitive,          (g) The Contractor shall insert this clause,
                                                  INFORMATION                                              NASA and its service providers and their              including this paragraph (g), suitably
                                                                                                           employees shall comply with all of the                modified to reflect the relationship of the
                                                     (JUNE 2005)                                           safeguards contained in paragraph (d) of this         parties, in all subcontracts that may require
                                                     (a) As used in this clause, ‘‘sensitive               clause.                                               the furnishing of sensitive information.
                                                  information’’ refers to information, not                   (d) To receive access to sensitive
                                                  currently in the public domain, that the                 information needed to assist NASA in
                                                                                                                                                                 (End of clause)
                                                  Contractor has developed at private expense,             accomplishing management activities and               [FR Doc. 2015–17717 Filed 7–20–15; 8:45 am]
                                                  that may embody trade secrets or commercial              administrative functions, the service provider        BILLING CODE 7510–13–P
                                                  or financial information, and that may be                must be operating under a contract that
                                                  sensitive or privileged.                                 contains the clause at 1852.237–72, Access to
                                                     (b) In accomplishing management activities            Sensitive Information. This clause obligates
                                                                                                                                                                 DEPARTMENT OF COMMERCE
                                                  and administrative functions, NASA relies                the service provider to do the following:
                                                  heavily on the support of various service                  (1) Comply with all specified procedures
                                                                                                                                                                 National Oceanic and Atmospheric
                                                  providers. To support NASA activities and                and obligations, including the Organizational
                                                  functions, these service providers, as well as           Conflicts of Interest Avoidance Plan, which           Administration
                                                  their subcontractors and their individual                the contract has incorporated as a
                                                  employees, may need access to sensitive                  compliance document.                                  50 CFR Part 622
                                                  information submitted by the Contractor                    (2) Utilize any sensitive information               [Docket No. 140611492–5605–02]
                                                  under this contract. By submitting this                  coming into its possession only for the
                                                  proposal or performing this contract, the                purpose of performing the services specified          RIN 0648–BE30
                                                  Contractor agrees that NASA may release to               in its contract.
                                                  its service providers, their subcontractors,               (3) Safeguard sensitive information coming          Fisheries of the Caribbean, Gulf of
                                                  and their individual employees, sensitive                into its possession from unauthorized use             Mexico, and South Atlantic; Snapper-
                                                  information submitted during the course of               and disclosure.                                       Grouper Fishery Off the Southern
                                                  this procurement, subject to the enumerated                (4) Allow access to sensitive information           Atlantic States; Regulatory
                                                  protections mandated by the clause at                    only to those employees that need it to               Amendment 20
                                                  1852.237–72, Access to Sensitive                         perform services under its contract.
                                                  Information.                                               (5) Preclude access and disclosure of               AGENCY:  National Marine Fisheries
                                                     (c)(1) The Contractor shall identify any              sensitive information to persons and entities         Service (NMFS), National Oceanic and
                                                  sensitive information submitted in support of            outside of the service provider’s organization.       Atmospheric Administration (NOAA),
                                                  this proposal or in performing this contract.              (6) Train employees who may require
                                                                                                                                                                 Commerce.
                                                  For purposes of identifying sensitive                    access to sensitive information about their
                                                  information, the Contractor may, in addition             obligations to utilize it only to perform the         ACTION: Final rule.
                                                  to any other notice or legend otherwise                  services specified in its contract and to
                                                  required, use a notice similar to the                    safeguard it from unauthorized use and
                                                                                                                                                                 SUMMARY:    NMFS issues regulations to
                                                  following:                                               disclosure.                                           implement Regulatory Amendment 20
                                                     Mark the title page with the following                  (7) Obtain a written affirmation from each          to the Fishery Management Plan for the
                                                  legend:                                                  employee that he/she has received and will            Snapper-Grouper Fishery of the South
                                                     This proposal or document includes                    comply with training on the authorized uses           Atlantic Region (FMP) (Regulatory
                                                  sensitive information that NASA shall not                and mandatory protections of sensitive                Amendment 20), as prepared and
                                                  disclose outside the Agency and its service              information needed in performing this                 submitted by the South Atlantic Fishery
                                                  providers that support management activities             contract.                                             Management Council (Council). This
                                                  and administrative functions. To gain access               (8) Administer a monitoring process to              final rule revises the snowy grouper
                                                  to this sensitive information, a service                 ensure that employees comply with all
                                                  provider’s contract must contain the clause at           reasonable security procedures, report any
                                                                                                                                                                 annual catch limits (ACLs), commercial
                                                  NFS 1852.237–72, Access to Sensitive                     breaches to the Contracting Officer, and              trip limit, and recreational fishing
                                                  Information. Consistent with this clause, the            implement any necessary corrective actions.           season. The purpose of this rule is to
                                                  service provider shall not duplicate, use, or              (e) When the service provider will have             help achieve optimum yield (OY) and
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                                                  disclose the information in whole or in part             primary responsibility for operating an               prevent overfishing of snowy grouper
                                                  for any purpose other than to perform the                information technology system for NASA                while enhancing socio-economic
                                                  services specified in its contract. This                 that contains sensitive information, the              opportunities within the snapper-
                                                  restriction does not limit the Government’s              service provider’s contract shall include the         grouper fishery.
                                                  right to use this information if it is obtained          clause at 1852.204–76, Security
                                                                                                                                                                 DATES: This rule is effective August 20,
                                                  from another source without restriction. The             Requirements for Unclassified Information
                                                  information subject to this restriction is               Technology Resources. The Security                    2015.
                                                  contained in pages [insert page numbers or               Requirements clause requires the service              ADDRESSES: Electronic copies of the
                                                  other identification of pages].                          provider to implement an Information                  regulatory amendment, which includes


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Document Created: 2018-02-23 09:22:55
Document Modified: 2018-02-23 09:22:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionCorrecting amendments.
DatesEffective: July 21, 2015.
ContactMarilyn J. Seppi, NASA, Office of Procurement, Contract and Grant Policy Division, via email at [email protected], or telephone (202) 358-0447.
FR Citation80 FR 43031 
RIN Number2700-AE01 and 2700-AE09
CFR Citation48 CFR 1837
48 CFR 1852

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