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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Proposed Rules
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5. Recordkeeping To Comply With CIO
0948
GSA estimates that contractors accessing GSAs internal information systems will take 1 hour to maintain records including the updating IT Plans and procedures, as needed. GSA
estimated the total regulatory cost for this part of the rule to be $13,211 = 1
hour $100.08 132 rounded.5

includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. OMB anticipates that this will not be a major rule under 5 U.S.C. 804.

VII. Regulatory Flexibility Act GSA does not expect this rule to have a significant economic impact on a substantial number of small business entities within the meaning of the Regulatory Flexibility Act, at 5 U.S.C.
6. Recordkeeping To Comply With CIO
601, et seq., because the rule will 122018
incorporate the minimum requirements GSA estimates that contractors consistent with applicable laws, accessing GSAs internal information Executive orders, and prudent business systems will take 1 hour to maintain practices for securing Government records. GSA calculated the total information systems. In addition, the estimated cost for this part of the rule requirements are similar to those to be $13,211 = 1 hour $100.08 132
currently in use in GSA information rounded.6
systems solicitations and contracts, and contractors are familiar with and are Total Regulatory Cost currently complying with these The total cost of the above Cost Estimate is $72,000 in the first year after requirements. The Initial Regulatory Flexibility Analysis IRFA has been publication.
performed, and is summarized as The total cost of the above Cost Estimate in subsequent years is $18,000 follows:
GSA is proposing to amend the annually.
General Services Administration The following is a summary of the Acquisition Regulation GSAR to codify estimated total regulatory cost calculated into perpetuity at a 7-percent the proposed streamlined and consolidated requirements for contract discount rate:
actions that involve accessing GSAs Present Value Costs
$451,536 information systems. GSAs policies on Annualized Costs
31,608 cybersecurity and other information technology requirements have been V. Executive Orders 12866 and 13563
previously implemented through various Office of the Chief Information Executive Orders E.O.s 12866 and Officer OCIO policies separately 13563 direct agencies to assess all costs disseminated to the workforce.
and benefits of available regulatory Contractors have already been alternatives and, if regulation is performing the majority of the necessary, to select regulatory requirements.
approaches that maximize net benefits The objective of the rule is to including potential economic, environmental, public health and safety formalize the proposed changes to the existing guidance for contracts effects, distributive impacts, and involving GSA information systems.
equity. E.O. 13563 emphasizes the The rule also allows GSA to vet these importance of quantifying both costs existing information technology and benefits, of reducing costs, of requirements to the public for comment.
harmonizing rules, and of promoting The rule requires contractors to flexibility. The Office of Management comply with applicable requirements and Budget OMB anticipates that this contained in CIO 0948 GSA IT Security will not be a significant regulatory action and, therefore, will not be subject Procedural Guide: Security and Privacy Requirements for IT Acquisition Efforts to review under section 6b of E.O.
12866, Regulatory Planning and Review, and CIO 122018, IT Policy Requirements Guide. The legal basis for dated September 30, 1993.
the rule is 40 U.S.C. 121c, 10 U.S.C.
VI. Congressional Review Act chapter 137, and 51 U.S.C. 20113.
The rule applies to large and small The Congressional Review Act, 5
businesses, which are awarded contracts U.S.C. 801 et seq., as amended by the Small Business Regulatory Enforcement involving GSA information systems.
Fairness Act of 1996, generally provides Information generated from the beta.SAM, formerly FPDS, for Fiscal that before a major rule may take effect, the agency promulgating the rule Years 20172020 has been used as the basis for estimating the number of must submit a rule report, which contractors that may involve GSA
5 See footnote 1.
information systems as a requirement of 6 See footnote 1.
their contract. The analysis focused on
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contracts in the Product Service Code PSC category D-Information and Technology and Telecommunications.
Examination of this data revealed there was an average of 132 new contracts awarded in the targeted PSC
for fiscal year FY 20172020. Of these contract actions, 63 or 48 percent were small businesses. The number of potential subcontractors in the selected PSC to which the requirements would flow down was calculated by using a ratio of 0.3:1, subcontractors to prime contractors including other than small businesses, which equates to 44 annual subcontractors, of which GSA estimates that 75 percent would be small businesses i.e., 33. Therefore, the total number of small businesses, including prime contractors and subcontractors, impacted annually would be 96.
This rule will consolidate requirements currently used in solicitations and contracts involving GSA information systems and does not implement new requirements. In addition, the rule establishes a waiver process for cases where it is not cost effective or where it is unreasonably burdensome.
The rule involves reporting and recordkeeping that are currently covered under OMB Control Number 30900300.
This rule does not include any new reporting, recordkeeping, or other compliance requirements for small businesses.
The rule does not duplicate, overlap, or conflict with any other Federal rules.
There are no known alternatives to this rule which would accomplish the stated objectives. This rule does not initiate or impose any new administrative or performance requirements on small business contractors because the policies are already being followed and comply with all applicable Federal laws regarding Federal IT systems. The rule will allow the policies to be codified.
The Regulatory Secretariat Division will be submitting a copy of the IRFA
to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the IRFA may be obtained from the Regulatory Secretariat Division. GSA
invites comments from small business concerns and other interested parties on the expected impact of this rule on small business entities.
GSA will also consider comments from small business entities concerning the existing regulations in subparts affected by the rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 FAR Case 2016G511, in correspondence.

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