Acquisition regulations: Spanish laws and insurance; compliance,

[Federal Register: December 15, 1998 (Volume 63, Number 240)]

[Rules and Regulations]

[Page 69006]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr15de98-7]

DEPARTMENT OF DEFENSE

48 CFR Parts 228 and 252

[DFARS Case 98-D002]

Defense Federal Acquisition Regulation Supplement; Compliance with Spanish Laws and Insurance

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense Procurement has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify requirements for use of a clause pertaining to compliance with Spanish laws and insurance under contracts for services or construction to be performed in Spain.

EFFECTIVE DATE: December 15, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition Regulations Council, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0131; telefax (703) 602-0350. Please cite DFARS Case 98-D002.

SUPPLEMENTARY INFORMATION:

1. Background

   This final rule amends DFARS 228.370 to clarify the prescription for use of the clause at 252.228-7006, Compliance with Spanish Laws and Insurance. The rule also amends the clause at 252.228-7006 to clarify that the requirements of the clause apply only if the contractor is not a Spanish concern; and that the requirements of the clause apply to subcontracts with non-Spanish concerns that will perform work in Spain under the contract.

   A proposed rule with request for comments was published in the Federal Register on March 27, 1998 (63 FR 14885). No comments were received. The proposed rule is adopted as a final rule without change.

2. Regulatory Flexibility Act

   DoD certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule is a clarification of existing requirements and applies only to contracts for services or construction to be performed in Spain.

3. Paperwork Reduction Act

   The existing information collection requirements of the clause at DFARS 252.228-7006 have been approved by the Office of Management and Budget (OMB) under OMB Control Number 0704-0216 for use through May 31, 2001. The rule is not expected to result in a change in the estimated burden hours.

   List of Subjects in 48 CFR Parts 228 and 252

   Government procurement. Michele P. Peterson, Executive Editor, Defense Acquisition Regulations Council.

   Therefore, 48 CFR Parts 228 and 252 are amended as follows:

   PART 228--BONDS AND INSURANCE

   1. The authority citation for 48 CFR Parts 228 and 252 continues to read as follows:

      Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

   2. Section 228.370 is amended by revising paragraph (f) to read as follows:

      228.370 Additional clauses.

      * * * * *

      (f) Use the clause at 252.228-7006, Compliance with Spanish Laws and Insurance, in solicitations and contracts for services or construction to be performed in Spain, unless the contractor is a Spanish concern.

      PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

   3. Section 252.228-7006 is amended by revising the clause date; redesignating paragraphs (a) through (e) as paragraphs (b) through (f), respectively; adding a new paragraph (a); and revising newly designated paragraph (e) to read as follows:

      252.228-7006 Compliance with Spanish laws and insurance.

      * * * * *

      Compliance With Spanish Laws and Insurance (Dec 1998)

      (a) The requirements of this clause apply only if the Contractor is not a Spanish concern. * * * * *

      (e) The Contractor shall provide the Contracting Officer with a similar representation for all subcontracts with non-Spanish concerns that will perform work in Spain under this contract. * * * * *

      [FR Doc. 98-33178Filed12-14-98; 8:45 am]

      BILLING CODE 5000-04-M