52.204-9 Personal Identity Verification of Contractor Personnel
Source: FAR 52.204-9 on acquisition.gov
Contractors must follow agency identity verification procedures and return all government-issued IDs for personnel, or risk delayed final payment.
Overview
FAR 52.204-9 requires contractors to follow agency-specific procedures for personal identity verification of contractor personnel who need routine access to federally controlled facilities or information systems. This clause implements Homeland Security Presidential Directive-12 (HSPD-12) and related federal standards to ensure secure and reliable identification of contractor employees. Contractors must manage, account for, and return all government-issued identification when it is no longer needed, upon employee separation, or at contract completion. The clause also requires flow-down to applicable subcontracts and allows the Contracting Officer to delay final payment if requirements are not met.
Key Rules
- Compliance with Agency Procedures
- Contractors must adhere to agency-specific identity verification procedures based on HSPD-12, OMB guidance, and FIPS PUB 201.
- Accountability for Government Identification
- Contractors must track and return all government-issued IDs for their employees as soon as they are no longer needed, upon employment termination, or at contract end.
- Final Payment Withholding
- The Contracting Officer may delay final payment if the contractor fails to comply with identification requirements.
- Subcontractor Flow-Down
- Contractors must include this clause in all subcontracts where subcontractor employees require routine access to federal facilities or information systems.
Responsibilities
- Contracting Officers: Ensure inclusion of the clause, monitor compliance, and may withhold final payment if requirements are unmet.
- Contractors: Follow agency identity verification procedures, manage and return IDs, and ensure subcontractor compliance.
- Agencies: Provide procedures and oversee contractor adherence.
Practical Implications
- This clause protects federal facilities and information systems by ensuring only properly vetted personnel have access.
- Contractors must establish processes for tracking and returning IDs, and ensure subcontractors do the same.
- Failure to comply can result in payment delays and potential contract issues.
As prescribed in 4.1303 , insert the following clause:
Personal Identity Verification of Contractor Personnel (Jan 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee’s employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
(End of clause)