[Federal Register Volume 63, Number 88 (Thursday, May 7, 1998)]
[Proposed Rules]
[Pages 25382-25386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2096]
[[Page 25381]]
_______________________________________________________________________
Part IV
Department of Defense
General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Part 1, et al.
Federal Acquisition Regulation; Review of FAR Representations; Proposed
Rule
Federal Register / Vol. 63, No. 88 / Thursday, May 7, 1998 / Proposed
Rules
[[Page 25382]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 4, 12, 14, 19, 26, 27, 32, 41, and 52
[FAR Case 96-013]
RIN 9000-AH97
Federal Acquisition Regulation; Review of FAR Representations
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council are proposing to amend the Federal
Acquisition Regulation (FAR) to remove or reduce certain requirements
for representations and other statements from offerors and contractors.
This regulatory action was not subject to Office of Management and
Budget review under Executive Order 12866, dated September 30, 1993.
This is not a major rule under 5 U.S.C. 804.
DATES: Comments should be submitted on or before July 6, 1998, to be
considered in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to:
General Services Administration, FAR Secretariat (MVRS), 1800 F Street,
NW, Room 4035, Washington, DC 20405.
E-mail comments submitted over Internet should be addressed to:
farcase.96-013@gsa.gov.
Please cite FAR case 96-013 in all correspondence related to this
case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405, (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Mr. Paul Linfield, Procurement Analyst, at (202) 501-
1757. Please cite FAR case 96-013.
SUPPLEMENTARY INFORMATION:
A. Background
This case was initiated in response to requests from industry to
eliminate representations required by the FAR that place an unnecessary
burden on offerors or contractors. This case proposes to--
1. Delete the clause at 52.214-17, Affiliated bidders.
2. Reduce the information collection requirements associated with
the clauses at 52.204-5, Women-Owned Business; 52.212-3, Offeror
Representations and Certifications--Commercial Items; 52.214-21,
Descriptive Literature; and 52.241-1, Electric Service Territory
Compliance Representation; and
3. Reduce the level of affirmation or substitute a contract
requirement in the clauses at 52.216-2, Economic Price Adjustment--
Standard Supplies; 52.216-3, Economic Price Adjustment--Semistandard
Supplies; 52.222-43, Fair Labor Standards Act and Service Contracts
Act--Price Adjustment (Multiple Year and Option Contracts); 52.222-44,
Fair Labor Standards Act and Service Contract Act--Price Adjustment;
52.225-10, Duty-Free Entry; 52.226-1, Utilization of Indian
Organizations and Indian-Owned Economic Enterprises; 52.227-15,
Representation of Limited Rights Data and Restricted Computer Software;
52.228-8, Liability and Insurance--Leased Motor Vehicles; 52.228-9,
Cargo Insurance; 52.229-3, Federal, State and Local Taxes; and 52.232-
12, Advance Payments.
B. Regulatory Flexibility Act
This 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. While it is
expected to reduce the administrative burden associated with
representation requirements, it does not significantly alter the type
of information to be provided to the Government under the amended
provisions and clauses. An Initial Regulatory Flexibility Analysis has,
therefore, not been performed. Comments from small entities concerning
the affected FAR subpart will be considered in accordance with 5 U.S.C.
610 of the Act. Such comments must be submitted separately and should
cite 5 U.S.C. 601, et seq. (FAR case 96-013), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. 3501, et seq.) is deemed to
apply because this proposed rule contains information collection
requirements that will result in the reduction of approximately 119,150
hours as stated and approved under the following Office of Management
and Budget (OMB) Control Numbers:
9000-0018, Certification of Independent Price Determination and
Parent Company and Identifying Data (Deletion of 52.214-17, Affiliated
Bidders.) Public reporting burden for this collection of information is
estimated to average 0.1 hours per response, including the time for
reviewing instruction, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
The annual reporting burden is estimated as follows:
------------------------------------------------------------------------
Preparation Total
Respondents Responses per Total annual hours per response
respondent responses responses burden hours
------------------------------------------------------------------------
64,250....... 20 1,285,000 .01 12,850
------------------------------------------------------------------------
9000-0039, Descriptive Literature (Revision of 52.214-21,
Descriptive Literature). Public reporting burden for this collection of
information is estimated to average .157 hours per response, including
the time for reviewing instruction, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
The annual reporting burden is estimated as follows:
------------------------------------------------------------------------
Preparation Total
Respondents Responses per Total annual hours per response
respondent responses responses burden hours
------------------------------------------------------------------------
3............ 2663 7989 .157 1.254
------------------------------------------------------------------------
(c) 9000-0136, Solicitation/Contract/Order for Commercial Items
(Revision of 52.212-3, Offeror Representations and Certifications--
Commercial Items). Public reporting burden for this collection of
information is estimated to average
[[Page 25383]]
.74 hr. per response, including the time for reviewing instruction,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
The annual reporting burden is estimated as follows:
------------------------------------------------------------------------
Preparation Total
Respondents Responses per Total annual hours per response
respondent responses responses burden hours
------------------------------------------------------------------------
500,000...... 20 10,000,000 .74 7,394,050
------------------------------------------------------------------------
(d) 9000-0126, Electric Service Territory Compliance Representation
(Revision of 52.241-1, Electric Service Territory Representations.
Reduction from 500 hours to approximately 230 hours. A notice for
public comment was published in the Federal Register at 63 FR 2218,
January 14, 1998.
(e) Although OMB Clearance Number 9000-0145, use of Data Universal
Numbering System (DUNS) as Primary Contractor Identification (FAR Case
95-307), ostensibly covers FAR clause 52.204-5, Women-Owned Business,
the estimated burdens for that clearance appear to be based on the
information collection requirements associated with use of the DUNS
number. Therefore, although revisions to 52.204-5 will significantly
reduce the number of responses required, we do not estimate any impact
on the hours approved under 9000-0145.
Accordingly, a request for review of a revised information
collection requirement concerning the OMB clearance numbers noted above
were submitted to the Office of Management and Budget under 44 U.S.C.
3501, et seq.
D. Request for Comments Regarding Paperwork Burden
Members of the public are invited to comment on the recordkeeping
and information collection requirements and estimates set forth above.
Please send comments to: Office of Information and Regulatory Affairs,
Office of Management and Budget, Attention: Mr. Peter N. Weiss, FAR
Desk Officer, New Executive Office Building, Room 10102, 725 17th
Street, NW. Washington, DC 20503.
Also send a copy of any comments to the FAR Secretariat at the
address shown under ADDRESSES. Please cite the corresponding OMB
Clearance Number in all correspondence related to the estimate.
List of Subjects in 48 CFR Parts 1, 4, 12, 14, 19, 26, 27, 32, 41,
and 52
Government procurement.
Dated: May 1, 1998.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, it is proposed that 48 CFR Parts 1, 4, 12, 14, 19, 26,
27, 32, 41, and 52 be amended as set forth below:
1. The authority citation for 48 CFR Parts 1, 4, 12, 14, 19, 26,
27, 32, 41, 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 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
2. Section 1.106 is amended in the table following the introductory
paragraph by removing the FAR segment ``52.214-17'' and its
corresponding OMB Control Number ``9000-0018''; and by adding, in
numerical order, the following entries:
1.106 OMB Approval under the Paperwork Reduction Act.
------------------------------------------------------------------------
OMB control
FAR segment No.
------------------------------------------------------------------------
52.212-3................................................... 9000-0136
* * * * *
52.241-1................................................... 9000-0126
* * * * *
------------------------------------------------------------------------
PART 4--ADMINISTRATIVE MATTERS
3. Section 4.603 is amended by revising paragraph (b) to read as
follows:
4.603 Solicitation provisions.
* * * * *
(b) The contracting officer shall insert the provision at 52.204-5,
Women-Owned Business (Other Than Small Business), in all solicitations
that are not set aside for small business concerns and that exceed the
simplified acquisition threshold, when the contract is to be performed
inside the United States, its territories or possessions, Puerto Rico,
the Trust Territory of the Pacific Islands, or the District of
Columbia.
* * * * *
PART 12--ACQUISITION OF COMMERCIAL ITEMS
4. Section 12.503 is amended by revising paragraph (b)(5) to read
as follows:
12.503 Applicability of certain laws to Executive agency contracts for
the acquisition of commercial items.
* * * * *
(b) * * *
(5) 49 U.S.C. 40118, Requirement for a clause under the Fly
American provisions (see 47.405).
* * * * *
PART 14--SEALED BIDDING
14.201-6 [Amended]
5. Section 14.201-6 is amended by removing and reserving paragraph
(k).
14.405 [Amended]
6. Section 14.405 is amended in paragraph (d)(2) by inserting the
word ``and'' at the end; by removing paragraph (e) and redesignating
paragraph (f) as (e).
PART 19--SMALL BUSINESS PROGRAMS
7. Section 19.703 is amended by revising the last sentence of
paragraph (b) to read as follows:
19.703 Eligibility requirements for participating in the program.
* * * * *
(b) * * * Protests challenging a subcontractor's representation of
its status as a women-owned small business concern shall be filed in
accordance with Small Business Administration procedures.
* * * * *
PART 26--OTHER SOCIOECONOMIC PROGRAMS
26.103 [Amended]
8. Section 26.103 is amended in paragraphs (a), (b), and (e) by
removing ``self-certification'' and inserting ``representation''.
PART 27--PATENTS, DATA, AND COPYRIGHTS
9. Section 27.404 is amended by revising the first and second
sentences
[[Page 25384]]
of paragraphs (d)(2) and of (e)(3) to read as follows:
27.404 Basic rights in data clause.
(d) * * *
(2) As an aid in determining whether the clause at 52.227-14 should
be used with its Alternate II, the provision at 52.227-15, Statement of
Limited Rights Data and Restricted Computer Software, may be included
in any solicitation containing the clause at 52.227-14, Rights in
Data--General. This provision requests that an offeror state in
response to a solicitation, to the extent feasible, whether limited
rights data are likely to be used in meeting the data delivery
requirements set forth in the solicitation. * * *
* * * * *
(e) * * *
(3) As an aid in determining whether the clause should be used with
its Alternate III, the provision at 52.227-15, Statement of Limited
Rights Data and Restricted Computer Software, may be included in any
solicitation containing the clause at 52.227-14, Rights in Data--
General. This provision requests that an offeror state, in response to
a solicitation, to the extent feasible, whether restricted computer
software is likely to be sued in meeting the data delivery requirements
set forth in the solicitation. * * *
* * * * *
10. Section 27.409 is amended by revising the first sentence of
paragraph (g) to read as follows:
27.409 Solicitation provisions and contract clauses.
* * * * *
(g) In accordance with 27.404(d)(2), if the contracting officer
desires to have an offeror state in response to a solicitation, to the
extent feasible, whether limited rights data or restricted computer
software are likely to be sued in meeting the data delivery
requirements set forth in the solicitation, the contracting officer
shall insert the provision at 52.227-15, Statement of Limited Rights
Data and Restricted Computer Software, in any solicitation containing
the clause at 52.227-14, Rights in Data--General. * * *
* * * * *
PART 32--CONTRACT FINANCING
11. Section 32.805 is amended by revising the introductory text of
paragraph (a)(1), and paragraphs (a)(2) and (a)(3) to read as follows:
32.805 Procedure.
(a) Assigments. (1) Assignments by corporations shall be--
* * * * *
(2) Assignments by a partnership may be signed by one partner, if
the assignment is accompanied by adequate evidence that the signer is a
general partner of the partnership and is authorized to execute
assignments on behalf on the partnership.
(3) Assignments by an individual must be signed by that individual
and the signature acknowledged before a notary public or other person
authorized to administer oaths.
* * * * *
PART 41--ACQUISITION OF UTILITY SERVICES
12. Section 41.201 is amended by revising the last two sentences of
paragraph (e) to read as follows:
41.201 Policy.
* * * * *
(e) * * * Proposals from alternative electric suppliers must
provide a representation that service can be provided in a manner
consistent with section 8093 of Public Law 100-202 (see 41.201(d)).
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
13. Section 52.204-5 is revised to read as follows:
52.204-5 Women-Owned Business (Other Than Small Business).
As prescribed in 4.603(b), insert the following provision:
Women-Owned Business (Other Than Small Business) (Date)
(a) Definition. women-owned business concern, as used in this
provision, means a concern which is at least 51 percent owned by one
or more women; or in the case of any publicly owned business, at
least 51 percent of the stock of which is owned by one or more
women; and whose management and daily business operations are
controlled by one or more women.
(b) Representation. [Complete only if the offeror is a women-
owned business concern and has not represented itself as a small
business concern in paragraph (b)(1) of FAR 52.219-1, Small Business
Program Representations, of this solicitation.] The offeror
represents that it is a women-owned business concern.
(End of provision)
14. Section 52.212-3 is amended by revising the date of the
provision, and paragraphs (c)(2), (c)(3), and (c)(4) to read as
follows:
52.212-3 Offeror Representations and Certifications--Commercial Items.
* * * * *
Offeror Representations and Certifications--Commercial Items (Date)
* * * * *
(c) * * *
(2) Small disadvantaged business concern. [Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision.] The offeror represents that it is, is not
a small disadvantaged business concern.
(3) Women-owned small business concern. [Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision.] The offeror represents that it is, is not
a women-owned small business concern.
* * * * *
(4) Women-owned business concern (other than small business
concern). [Complete only if the offeror is a women-owned business
concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it
is a women-owned business concern.
* * * * *
52.214-17 [Reserved]
15. Section 52.214-17 is removed and reserved.
16. Section 52.214-21 is amended by revising the introductory text
of the provision; and by revising the date, introductory text, and
paragraph (d) of Alternate I to read as follows:
52.214-21 Descriptive Literature.
As prescribed in 14.201-6(p)(1), insert the following provision:
* * * * *
Alternate I (DATE). As prescribed in 14.201-6(p)(2), add the
following paragraphs (d) and (e) to the basic provision.
(d) The Contracting Officer may waive the requirement for
furnishing descriptive literature if the bidder has supplied a
product the same as that required by this solicitation under a prior
contract. A bidder that requests a waiver of this requirement shall
provide the following information.
Prior contract number
Date of prior contract-------------------------------------------------
Contract line item number of product supplied ________
Name and address of Government activity to which delivery was made
----------------------------------------------------------------------
Date of final delivery of product supplied
----------------------------------------------------------------------
* * * * *
17. Section 52.216-2 is amended by revising the clause date and the
first sentence of paragraph (a) to read as follows:
52.216-2 Economic Price Adjustment--Standard Supplies.
* * * * *
Economic Price Adjustment--Standard Supplies (Date)
(a) The Contractor states that the unit price in the Schedule
for ________ [offeror insert
[[Page 25385]]
Schedule line item number] is not in excess of the Contractor's
applicable established price in effect on the contract date for like
quantities of the same item. * * *
* * * * *
18. Section 52.216-3 is amended by revising the clause date and
paragraph (a) to read as follows:
52.216-3 Economic Price Adjustment--Semistandard Supplies.
* * * * *
Economic Price Adjustment--Semistandard Supplies (Date)
(a) The contractor states that the supplies identified as line
items ________ [offeror insert Schedule line item number] in the
Schedule are, except for modifications required by the contract
specifications, supplies for which it has an established price. The
term ``established price'' means a price that (1) is an established
catalog or market price for a commercial item sold in substantial
quantities to the general public, and (2) is the net price after
applying any standard trade discounts offered by the Contractor. The
Contractor further states that, as of the date of this contract, any
difference between the unit prices in the contract for these line
items and the Contractor's established prices for like quantities of
the nearest commercial equivalents are due to compliance with
contract specifications and with any contract requirements for
preservation, packaging, and packing beyond standard commercial
practice.
* * * * *
19. Section 52.219-1 is amended by revising the provision date, and
the introductory text of paragraph (d)(2) to read as follows:
52.219-1 Small Business Program Representations.
* * * * *
Small Business Program Representations (Date)
* * * * *
(d) * * *
(2) Under 15 U.S.C. 645(d), any person who misrepresents a
firm's status as a small, small disadvantaged, or women-owned small
business concern in order to obtain a contract to be awarded under
the preference programs established pursuant to section 8(a), 8(d),
9, or 15 of the Small Business Act or any other provision of Federal
law that specifically references section 8(d) for a definition of
program eligibility, shall--
* * * * *
52.219-21 [Amended]
20. Section 52.219-21 is amended by revising the provision date to
read ``(Date)''; and by removing the statement ``Offeror represents as
follows:'', which follows the first parenthetical.
52.222-43 [Amended]
21. Section 52.222-43 is amended by revising the date of the clause
to ``read ``(Date)''; and in paragraph (b) by removing ``warrants'' and
inserting ``states''.
52.222-44 [Amended]
22. Section 52.222-44 is amended by revising the date of the clause
to read ``(Date)''; and in paragraph (b) by removing ``warrants'' and
inserting ``states''.
23. Section 52.225-10 is amended by revising the introductory
paragraph, the date of the clause, and paragraph (d); in paragraphs
(g), (h), and (i), by removing ``agrees to'' and inserting ``shall''.
The revised text reads as follows:
52.225-10 Duty-Free Entry.
As prescribed in 25.605, insert the following clause. When used in
contracts of $100,000 or less, paragraphs (b)(1) and (i)(2) shall be
modified to reduce the dollar figure.
* * * * *
Duty-Free Entry (Date)
* * * * *
(d) The Contractor shall--
(1) Claim duty-free entry only for supplies that are intended to
be delivered to the Government or incorporated into the end items to
be delivered under this contract; and
(2) Pay duty to the extent that these supplies, or any portion
of them, are diverted to non-Governmental use, other than as scrap
or salvage or as a result of a competitive sale authorized by the
Contracting Officer.
* * * * *
24. Section 52.226-1 is amended by revising the clause date and the
first two sentences of paragraph (c)(1) to read as follows:
52.226-1 Utilization of Indian Organizations and Indian-Owned Economic
Enterprises.
* * * * *
Utilization of Indian Organizations and Indian-Owned Economic
Enterprises (Date)
* * * * *
(c) * * *
(c) The Contracting Officer and the Contractor, acting in good
faith, may rely on the representation of an Indian organization or
Indian-owned economic enterprise as to its eligibility, unless an
interested party challenges its status or the Contracting Officer
has independent reason to question that status. In the event of a
challenge to the representation of a subscontractor, the Contracting
Officer shall refer the matter to the U.S. Department of the
Interior, Bureau of Indian Affairs (BIA), Attn: Chief, Division of
Contracting and Grants Administration, 1849 C Street, NW., MS-334A-
SIB, Washington, DC 20245. * * *
* * * * *
25. Section 52.227-15 is revised to read as follows:
52.227-15 Statement of Limited Rights Data and Restricted Computer
Software.
As prescribed in 27.409(b), insert the following provision:
Statement of Limited Rights Data and Restricted Computer Software
(Date)
(a) This solicitation sets forth the work to be performed if a
contract award results, and the Government's known delivery
requirements for data (as defined in FAR 27.401). Any resulting
contract may also provide the Government the option to order
additional data under the Additional data Requirements clause at
52.227-16 of the FAR, if included in the contract. Any data
delivered under the resulting contract will be subject to the Rights
in Data-General clause at 52.227-14 that is to be included in this
contract. Under the latter clause, a contractor may withhold from
delivery data that qualify as limited rights data or restricted
computer software, and deliver form, fit, and function data in lieu
thereof. The latter clause also may be used with its alternates II
and/or III to obtain delivery of limited rights data or restricted
computer software, marked with limited rights or restricted rights
notices, as appropriate. In addition, use of alternate V with this
latter clause provides the Government the right to inspect such data
at the Contractor's facility.
(b) As an aid in determining the Governments's need to include
Alternate II or Alternate III in the clause at 52.227-14, Rights in
Data--General, the offeror shall complete paragraph (c) of this
provision to either state that none of the data qualify as limited
rights data or restricted computer software, or identify, to the
extent feasible, which of the data qualifies as limited rights data
or restricted computer software. Any identification of limited
rights data or restricted computer software in the offeror's
response is not determinative of the status of such data should a
contract be awarded to the offeror.
(c) The offeror has reviewed the requirements for the delivery
of data or software and states [offeror check appropriate block]--
None of the data proposed for fulfilling such requirements
qualifies as limited rights data or restricted computer software.
Data proposed for fulfilling such requirements qualify as
limited rights data or restricted computer software and are
identified as follows:
-----------------------------------------------------------------------
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----------------------------------------------------------------------
-----------------------------------------------------------------------
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Note: ``Limited rights data'' and ``Restricted computer
software'' are defined in the contract clauses entitled ``Rights in
Data-General''.
26. Section 52.228-8 is amended by revising the introductory
paragraph, the data and paragraph (e) of the clause to read as follows:
52.228-8 Liability and Insurance--Leased Motor Vehicles.
As prescribed in 28.312, insert the following clause:
Liability and Insurance-Leased Motor Vehicles (Date)
* * * * *
[[Page 25386]]
(e) The contract price shall not include any cost for insurance
or contingency to cover losses, damage, injury, or death for which
the Government is responsible under paragraph (a) of this clause.
(End of clause)
27. Section 52.228-9 is revised to read as follows:
52.227-9 Cargo Insurance
As prescribed in 28.313(a), insert the following clause:
Cargo Insurance (Date)
(a) The Contractor, at the Contractor's expense, shall provide
and maintain, during the continuance of this contract, cargo
insurance of $________ per vehicle to cover the value of property on
each vehicle and of $________ to cover the total value of the
property in the shipment.
(b) All insurance shall be written on companies acceptable to
________ [insert name of contracting agency], and policies shall
include such terms and conditions as required by ________ [insert
name of contracting agency] before commencing operations under this
contract.
(c) Each cargo insurance policy shall include the following
statement:
``It is a condition of this policy that the Company shall
furnish--
(1) Written notice to ________ [insert name and address of
contracting agency], 30 days in advance of the effective date of any
reduction in, or cancellation of, this policy; and
(2) Evidence of any renewal policy to the address specified in
paragraph (a) of this statement, not less than 15 days prior to the
expiration of any current policy on file with ________ [insert name
of contracting agency]. ''
(End of clause)
52.229-3 [Amended]
28. Section 52.229-3 is amended by revising the date of the clause
to read ``(DATE)''; and in paragraph (c) by removing ``warrants'' and
inserting ``states''
29. Section 52.232-12 is amended--
(a) By revising the introductory text, the date, paragraph (j) and
the introductory text of paragraph (o) of the clause;
(b) In paragraph (o)(8) by removing ``representations and'';
(c) By revising the date of Alternate V; and
(d) The date, paragraph (g), the introductory text of paragraph
(l), and paragraph (l)(8) of the clause following Alternate V.
The revised text reads as follows:
52.232-12 Advance Payments.
As prescribed in 32.412(a), insert the following clause:
Advance Payments (Date)
* * * * *
(j) Insurance. The Contractor shall maintain with responsible
insurance carriers (1) insurance on plant and equipment against fire
and other hazards, to the extent that similar properties are usually
insured by others operating plants and properties of similar
character in the same general locality; (2) adequate insurance
against liability on account of damage to persons or property; and
(3) adequate insurance under all applicable workers' compensation
laws. Until work under this contract has been completed and all
advance payment made under the contract have been liquidated, the
Contractor shall maintain this insurance; maintain adequate
insurance on any materials, parts, assemblies, subassemblies,
supplies, equipment, and other property acquired for or allocable to
this contract and subject to the Government lien under paragraph (i)
of this clause; and furnish any evidence with respect to its
insurance that the administering office may require.
* * * * *
(o) Warranties. The Contractor warrants the following:
* * * * *
Alternate V (Date). * * *
* * * * *
Advance Payment Without Special Bank Account (Date)
* * * * *
(g) Insurance. The Contractor shall maintain with responsible
insurance carriers (1) insurance on plant and equipment against fire
and other hazards, to the extent that similar properties are usually
insured by others operating plants and properties of similar
character in the same general locality; (2) adequate insurance
against liability on account of damage to persons or property; and
(3) adequate insurance under all applicable workers' compensation
laws. Until work under this contract has been completed and all
advance payments made under the contract have been liquidated, the
Contractor shall maintain this insurance; maintain adequate
insurance on any materials, parts, assemblies, subassemblies,
supplies, equipment, and other property acquired for or allocable to
this contract and subject to the Government lien under paragraph (f)
of this clause; and furnish any evidence with respect to its
insurance that the administering office may require.
* * * * *
(1) Warranties. The Contractor warrants the following:
* * * * *
(8) These warranties shall be continuing and shall be considered
to have been repeated by the submission of each invoice for advance
payments.
* * * * *
30. Section 52.241-1 is revised to read as follows:
52.241-1 Electric Service Territory Compliance Representation.
As prescribed in 41.501(b), insert a provision substantially the
same as the following:
Electric Service Territory Compliance Representation (Date)
(a) Section 8093 of Public Law 100-200 generally requires
purchases of electricity by any department, agency, or
instrumentality of the United States to be consistent with State law
governing the provision of electric utility service, including State
utility commission rulings and electric utility franchises or
service territories established pursuant to State statute, State
regulation, or State-approved territorial agreements.
(b) By signing this offer, the offeror represents that this
offer to sell electricity is consistent with Section 8093 of Public
Law 100-202.
(c) Upon request of the Contracting Officer, the offeror shall
submit support legal and factual rationale for this representation.
(End of provision)
31. Section 52.247-63 is amended by revising the date and paragraph
(c) of the clause to read as follows:
52.247-63 Preference for U.S.-Flag Air Carriers.
* * * * *
Preference for U.S.-Flag Air Carriers (Date)
* * * * *
(c) In performing work under this contract, the Contractor shall
use U.S.-flag air carriers for international air transportation of
personnel (and their personal effects) or property to the extent
that service by those carriers is available.
* * * * *
[FR Doc. 98-2096 Filed 5-6-98; 8:45 am]
BILLING CODE 6820-EP-M
