52.204-9
Personal Identity Verification of Contractor Personnel
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.