4.1301 Policy
Source: FAR 4.1301 on acquisition.gov
Contractors must comply with federal personal identity verification standards and ensure timely return of government-issued IDs to avoid payment delays.
Overview
FAR 4.1301 establishes the policy for personal identity verification (PIV) of contractor and subcontractor personnel who require routine physical access to Federally-controlled facilities or information systems. Agencies are required to follow FIPS PUB 201 and related OMB guidance, ensuring that identity verification standards are met for all affected personnel. The regulation mandates that solicitations and contracts include agency-specific implementation of these standards. Agencies must also designate an official responsible for verifying contractor employee identities. Additionally, agencies must have procedures to ensure that all government-issued identification (such as PIV cards or badges) are accounted for and returned when no longer needed, upon employee separation, or at contract completion or termination. Failure to comply with these requirements can result in delayed final payment to the contractor.
(a) Agencies must follow FIPS PUB Number 201 and the associated OMB implementation guidance for personal identity verification for all affected contractor and subcontractor personnel when contract performance requires contractors to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.
(b) Agencies must include their implementation of FIPS PUB 201 and OMB Guidance M-05-24 in solicitations and contracts that require the contractor to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.
(c) Agencies must designate an official responsible for verifying contractor employee personal identity.
(d)
(1) Agency procedures for the return of Personal Identity Verification (PIV) products shall ensure that Government contractors account for all forms of Government-provided identification issued to Government contractor employees under a contract, i.e., the PIV cards or other similar badges, and shall ensure that contractors return such identification to the issuing agency as soon as any of the following occurs, unless otherwise determined by the agency:
(i) When no longer needed for contract performance.
(ii) Upon completion of a contractor employee’s employment.
(iii) Upon contract completion or termination.
(2) The contracting officer may delay final payment under a contract if the contractor fails to comply with these requirements.