[Federal Register Volume 59, Number 66 (Wednesday, April 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8145]
[[Page Unknown]]
[Federal Register: April 6, 1994]
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48 CFR Parts 28 and 52
[FAR Case 92-14]
Federal Acquisition Regulation; Insurance--Liability to Third
Persons
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council are proposing to delete the
prescriptive language in the Federal Acquisition Regulation (FAR),
particularly at ``Solicitation provision and contract clause on
liability insurance under cost-reimbursement contracts''. This
regulatory action was not subject to Office of Management and Budget
review pursuant to Executive Order No. 12866 dated September 30, 1993.
DATES: Comments should be submitted on or before June 6, 1994 to be
considered in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to:
General Services Administration, FAR Secretariat (VRS), 18th & F
Streets, NW, room 4037, Washington, DC 20405.
Please cite FAR case 92-14 in all correspondence related to this
case.
FOR FURTHER INFORMATION CONTACT:
Mr. Edward Loeb at (202) 501-4547 in reference to this FAR case. For
general information, contact the FAR Secretariat, room 4037, GS
Building, Washington, DC 20405, (202) 501-4755. Please cite FAR case
92-14.
SUPPLEMENTARY INFORMATION:
A. Background
The FAR language proposed for deletion at 28.311-1 applies only to
cost-reimbursement contracts for research and development awarded to
state agencies or charitable institutions that claim partial or total
immunity from tort liability. For these entities, Alternates I and II
of 52.228-7, Insurance--Liability to Third Persons, limit the
contract's insurance requirements and the Government's obligation to
indemnify for third party liability. The Councils believe that the
current language is obsolete.
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
language proposed for deletion applies only to cost-reimbursement
contracts for research and development that are awarded to entities
which, by virtue of their status as either an agency of the state or as
a charitable institution, claim partial or total immunity from tort
liability under such contracts. These entities are believed to be few
in number. An Initial Regulatory Flexibility Analysis has, therefore,
not been performed. Comments from small entities concerning the
affected FAR subpart will also be considered in accordance with section
610 of the Act. Such comments must be submitted separately and should
cite 5 U.S.C. 601, et seq. (FAR case 92-14), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose recordkeeping or information
collection requirements, or collections of information from offerors,
contractors, or members of the public which require the approval of the
Office of Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 28 and 52
Government procurement.
Dated: March 30, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.
Therefore, it is proposed that 48 CFR parts 28 and 52 be amended as
set forth below:
1. The authority citation for 48 CFR parts 28 and 52 continues to
read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 28--BONDS AND INSURANCE
28.311-1 [Removed and redesignated]
2. Section 28.311-1 is removed.
28.311-2 [Redesignated and amended]
3. Section 28.311-2 is redesignated as section 28.311-1 and amended
by removing the last two sentences.
28.311-3 [Redesignated]
4. Section 28.311-3 is redesignated as section 28.311-2.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.228-6 [Removed and reserved]
5. Section 52.228-6 is removed and reserved.
52.228-7 [Amended]
6. Section 52.228-7 is amended in the introductory paragraph by
removing the citation ``28.311-2'' and inserting in its place ``28.311-
1''; in paragraph (a)(1) of the clause by removing the words ``or in
paragraph (h) of this clause (if the clause has a paragraph (h)),''; in
paragraph (c) introductory text by removing the words ``Except as
provided in paragraph (h) of this clause (if the clause has a paragraph
(h)), the'' and inserting in its place the word ``The''; and by
removing Alternates I and II at the end of the clause.
52.245-7 [Amended]
7. Section 52.245-7 is amended in the first sentence of paragraph
(j) by removing the words ``in the clause at FAR 52.228-6, Insurance--
Liability to Third Persons, or''.
52.245-10 [Amended]
8. Section 52.245-10 is amended in the first sentence of paragraph
(f) by removing the words ``in the clause at FAR 52.228-6, Insurance--
Liability to Third Persons or''.
[FR Doc. 94-8145 Filed 4-5-94; 8:45 am]
BILLING CODE 6820-34-M
