98-7712. Defense Federal Acquisition Regulation Supplement; Compliance with Spanish Laws and Insurance

[Federal Register Volume 63, Number 59 (Friday, March 27, 1998)]
[Proposed Rules]
[Page 14885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7712]


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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: Proposed rule with request for comments.

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SUMMARY: The Director of Defense Procurement is proposing to amend 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.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before May 26, 1998, to be considered in 
the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: Ms. Amy Williams, PDUSD 
(A&T) DP (DAR), IMB 3D139, 3062 Defense Pentagon, Washington, DC 20301-
3062. Telefax [phone].
    E-mail comments submitted over the Internet should be addressed to: 
[e-mail]
    Please cite DFARS Case 98-D002 in all correspondence related to 
this issue. E-mail comments should cite DFARS Case 98-D002 in the 
subject line.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, [phone].

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed rule amends DFARS 228.370(f) 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 552.228-
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.

B. Regulatory Flexibility Act

    The proposed rule is not expected to 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. An 
Initial Regulatory Flexibility Analysis has therefore not been 
performed. Comments are invited from small businesses and other 
interested parties. Comments from small entities concerning the 
affected DFARS subparts also will be considered in accordance with 5 
U.S.C. 610. Such comments should be submitted separately and should 
cite DFARS Case 98-D002 in correspondence.

C. Paperwork Reduction Act

    The existing paperwork burden requirements of the clause at DFARS 
252.228-7006 have been approved by the Office of Management and Budget 
under Clearance Number 0704-0229, which expires on September 30, 1998. 
This 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 proposed to be amended as 
follows:
    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.

PART 228--BONDS AND INSURANCE

    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; and 
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 (XXX 19XX)

    (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. 98-7712 Filed 3-26-98; 8:45 am]
BILLING CODE 5000-04-M