[Federal Register Volume 63, Number 240 (Tuesday, December 15, 1998)]
[Rules and Regulations]
[Page 69006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33178]


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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: Final rule.

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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: 

A. 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.

B. 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.

C. 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. 98-33178 Filed 12-14-98; 8:45 am]
BILLING CODE 5000-04-M