General Services Acquisition Regulation; GSAR Case 2006-G517; Rewrite of GSAR Part 528, Bonds and Insurance, 45378-45379 [E8-17938]
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45378
Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules
document may be purchased from the
Commission’s duplicating contractor,
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Street, SW., Room CY–B402,
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1–800–478–3160 or via e-mail
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to fcc504@fcc.gov or call the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY). This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed information
collection burden ‘‘for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding. Members of the public
should note that from the time a Notice
of Proposed Rule Making is issued until
the matter is no longer subject to
Commission consideration or court
review, all ex parte contacts are
prohibited in Commission proceedings,
such as this one, which involve channel
allotments. See 47 CFR 1.1204(b) for
rules governing permissible ex parte
contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Television, Television broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336.
dwashington3 on PRODPC61 with PROPOSALS
§ 73.622(i)
[Amended]
2. Section 73.622(i), the DTV Table of
Allotments under Missouri, is amended
by adding channel 29 and removing
channel 9 at Kansas City.
Federal Communications Commission.
Clay C. Pendarvis,
Associate Chief, Video Division, Media
Bureau.
[FR Doc. E8–17920 Filed 8–4–08; 8:45 am]
BILLING CODE 6712–01–P
VerDate Aug<31>2005
13:17 Aug 04, 2008
Jkt 214001
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 528 and 552
[GSAR Case 2006–G517; Docket 2008–0007;
Sequence 13]
RIN 3090–AI64
General Services Acquisition
Regulation; GSAR Case 2006–G517;
Rewrite of GSAR Part 528, Bonds and
Insurance
Office of the Chief Acquisition
Officer, General Services
Administration (GSA).
ACTION: Proposed rule with request for
comments.
AGENCY:
SUMMARY: The General Services
Administration (GSA) is proposing to
amend the General Services Acquisition
Regulation (GSAR) to revise language
that provides requirements for bonds
and insurance.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before October 6, 2008
to be considered in the formulation of
a final rule.
ADDRESSES: Submit comments
identified by GSAR Case 2006–G517 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘GSAR Case 2006–G517’’
under the heading ‘‘Comment or
Submission’’. Select the link ‘‘Send a
Comment or Submission’’ that
corresponds with GSAR Case 2006–
G517. Follow the instructions provided
to complete the ‘‘Public Comment and
Submission Form’’. Please include your
name, company name (if any), and
‘‘GSAR Case 2006–G517’’ on your
attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VPR), 1800 F Street, NW., Room 4041,
ATTN: Laurieann Duarte, Washington,
DC 20405.
Instructions: Please submit comments
only and cite GSAR Case 2006–G517 in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Michael O. Jackson at (202) 208–4949,
or by e-mail at
michaelo.jackson@gsa.gov. For
information pertaining to the status or
publication schedules, contact the
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
Regulatory Secretariat (VPR), Room
4041, GS Building, Washington, DC
20405, (202) 501–4755. Please cite
GSAR Case 2006–G517.
SUPPLEMENTARY INFORMATION:
A. Background
The General Services Administration
(GSA) is amending the General Services
Administration Acquisition Regulation
(GSAR) to revise GSAR 528.202,
Acceptability of corporate sureties, and
528.310, Contract clause for work on a
Government installation; to add
528.311, Solicitation provision and
contract clause on liability insurance
under cost-reimbursement contracts,
and the GSAR clause at 552.228–5,
Government as Additional Insured; and
to delete GSAR clause 552.228–70,
Workers’ Compensation Laws.
This rule is a result of the General
Services Administration Acquisition
Manual (GSAM) Rewrite initiative
undertaken by GSA to revise the GSAM
to maintain consistency with the FAR
and to implement streamlined and
innovative acquisition procedures that
contractors, offerors, and GSA
contracting personnel can utilize when
entering into and administering
contractual relationships. The GSAM
incorporates the General Services
Administration Acquisition Regulation
(GSAR) as well as internal agency
acquisition policy.
GSA will rewrite each part of the
GSAR and GSAM, and as each GSAR
part is rewritten, will publish it in the
Federal Register.
This rule covers the rewrite of GSAR
Part 528. The rule amends Part 528 to
update the text addressing GSAR
528.202, Acceptability of corporate
sureties, and 528.310, Contract clause
for work on a Government installation.
The rule adds 528.311, Solicitation
provision and contract clause on
liability insurance under costreimbursement contracts, and the GSAR
clause at 552.228–5, Government as
Additional Insured, and deletes the
clause 552.228–70, Workers’
Compensation Laws. The specific
changes are as follows:
• The language in 528.202,
Acceptability of corporate sureties, is
revised to change ‘‘you’’ to ‘‘The
contracting officer.’’
• GSAR 528.310, Contract clause for
work on a Government installation,
deletes 528.310(b) and the clause
552.228–70, Workers’ Compensation
Laws. Clause 552.228–70 is deleted
because its only purpose is to recite the
fact that 40 U.S.C. 3172 effects a limited
cession of jurisdiction to states with
respect to enforcement of worker’s
compensation laws and has no
E:\FR\FM\05AUP1.SGM
05AUP1
Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Proposed Rules
contractual effect. GSAR 528.310(b) is
being deleted because it relates to
proposed deletion of 552.228–70 where
it states ‘‘in the case of an ownercontrolled insurance program, or wrapup insurance, the clause will be a part
of the policy holder’s requirements’’ the
phrase ‘‘the clause’’ refers to 552.528–
70.
• GSA is proposing to add 528.311,
Solicitation provision and contract
clause on liability insurance under costreimbursement contracts. The new
language at 528.311–1 clarifies the usage
for the FAR clause 52.228–7,
Insurance—Liability to Third Persons,
in solicitations and contracts. The
language states that other than contracts
and solicitations for construction and
architect-engineer services, when a costreimbursement contract is
contemplated, unless the head of the
contracting activity waives the
requirement for use of the clause, FAR
clause 52.228–7 is required.
• GSA is proposing to add clause
552.228–5 to the GSAR. The language in
this clause was previously in the GSAR
and based upon GSA’s experience with
contracts that do not have such a clause,
it is being reinstated to protect the
Federal Government’s interest. In
essence, the new 552.228–5 replaced the
newly deleted 552.228–70. GSAR
552.228–70 (formerly GSAR 552.228–
75) did not serve any purpose other than
to recite the fact that 40 U.S.C. 3172
(formerly 40 U.S.C. 290) effects a
limited cession of jurisdiction to states
with respect to enforcement of worker’s
compensation laws. 552.228–70 had no
contractual effect and was superfluous.
dwashington3 on PRODPC61 with PROPOSALS
Discussion of Comments
There were no public comments
received in response to the Advanced
Notice of Proposed Rulemaking.
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
B. Regulatory Flexibility Act
The General Services Administration
does not expect this proposed rule 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 revisions are not considered
substantive. The revisions only update
and reorganize existing coverage. An
Initial Regulatory Flexibility Analysis
has, therefore, not been performed. We
invite comments from small businesses
and other interested parties. GSA will
VerDate Aug<31>2005
13:17 Aug 04, 2008
Jkt 214001
consider comments from small entities
concerning the affected GSAR Parts 528
and 552 in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 601, et seq. (GSAR Case 2006–
G517), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act
applies; however, these changes to the
GSAR do not impose additional
information collection requirements to
the paperwork burden previously
approved under OMB Control Number
3090–0027.
45379
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
5. The authority citation for 48 CFR
part 552 continues to read as follows:
Authority: 40 U.S.C. 121(c).
6. Add section 552.228–5 to read as
follows:
552.228–5
Insured.
Government as Additional
As prescribed in 528.310, insert the
following clause:
Therefore, GSA proposes to amend 48
CFR parts 528 and 552 as set forth
below:
GOVERNMENT AS ADDITIONAL
INSURED (DATE)
(a) This clause supplements the
requirements set forth in FAR clause 52.528–
5, Insurance—Work on a Government
Installation.
(b) Each insurance policy required under
this contract, other than workers’
compensation insurance, shall contain an
endorsement naming the United States as an
additional insured with respect to operations
performed under this contract. The insurance
carrier is required to waive all subrogation
rights against any of the named insured.
(End of clause)
PART 528—BONDS AND INSURANCE
552.228–70
List of Subjects in 48 CFR Parts 528 and
552
Government procurement.
Dated: July 28, 2008.
Al Matera,
Director, Office of Acquisition Policy, U.S.
General Services Administration.
1. The authority citation for 48 CFR
part 528 is revised to read as follows:
[Removed]
7. Section 552.228–70 is removed.
[FR Doc. E8–17938 Filed 8–4–08; 8:45 am]
BILLING CODE 6820–61–S
Authority: 40 U.S.C. 121(c).
528.202
[Amended]
2. Amend section 528.202 by
removing the word ‘‘You’’ and adding
the words ‘‘The contracting officer’’ in
its place.
3. Revise section 528.310 to read as
follows:
528.310 Contract clause for work on a
Government installation.
Insert the clause at 552.228–5,
Government as Additional Insured, in
each solicitation and contract that meets
all the following conditions:
(a) The contract amount is expected to
exceed the simplified acquisition
threshold.
(b) The contract will require work to
be performed on Government property.
4. Add section 528.311 to read as
follows:
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 546 and 552
[GSAR Case 2008–G514; Docket 2008–0007;
Sequence 14]
RIN 3090–AI69
General Services Acquisition
Regulation; GSAR Case 2008–G514;
Rewrite of GSAR Part 546, Quality
Assurance
Office of the Chief Acquisition
Officer, General Services
Administration (GSA).
ACTION: Proposed rule.
AGENCY:
528.311 Solicitation provision and
contract clause on liability insurance under
cost-reimbursement contracts.
SUMMARY: The General Services
Administration (GSA) is proposing to
amend the General Services Acquisition
Regulation (GSAR) to revise language
that provides requirements for quality
assurance.
528.311–1
DATES:
Contract clause.
Use the clause at FAR 52.228–7,
Insurance—Liability to Third Persons,
in solicitations and contracts, other than
those for construction and those for
architect-engineer services, when a costreimbursement contract is
contemplated, unless the head of the
contracting activity waives the
requirement for use of the clause.
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
Interested parties should submit
written comments to the Regulatory
Secretariat on or before October 6, 2008
to be considered in the formulation of
a final rule.
ADDRESSES: Submit comments
identified by GSAR Case 2008–G514 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
E:\FR\FM\05AUP1.SGM
05AUP1
]]>Agencies
[Federal Register Volume 73, Number 151 (Tuesday, August 5, 2008)]
[Proposed Rules]
[Pages 45378-45379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17938]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 528 and 552
[GSAR Case 2006-G517; Docket 2008-0007; Sequence 13]
RIN 3090-AI64
General Services Acquisition Regulation; GSAR Case 2006-G517;
Rewrite of GSAR Part 528, Bonds and Insurance
AGENCY: Office of the Chief Acquisition Officer, General Services
Administration (GSA).
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is proposing to
amend the General Services Acquisition Regulation (GSAR) to revise
language that provides requirements for bonds and insurance.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before October 6, 2008 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR Case 2006-G517 by any of
the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``GSAR Case
2006-G517'' under the heading ``Comment or Submission''. Select the
link ``Send a Comment or Submission'' that corresponds with GSAR Case
2006-G517. Follow the instructions provided to complete the ``Public
Comment and Submission Form''. Please include your name, company name
(if any), and ``GSAR Case 2006-G517'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite GSAR Case 2006-
G517 in all correspondence related to this case. All comments received
will be posted without change to https://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Michael O. Jackson at (202) 208-4949, or by e-mail at
michaelo.jackson@gsa.gov. For information pertaining to the status or
publication schedules, contact the Regulatory Secretariat (VPR), Room
4041, GS Building, Washington, DC 20405, (202) 501-4755. Please cite
GSAR Case 2006-G517.
SUPPLEMENTARY INFORMATION:
A. Background
The General Services Administration (GSA) is amending the General
Services Administration Acquisition Regulation (GSAR) to revise GSAR
528.202, Acceptability of corporate sureties, and 528.310, Contract
clause for work on a Government installation; to add 528.311,
Solicitation provision and contract clause on liability insurance under
cost-reimbursement contracts, and the GSAR clause at 552.228-5,
Government as Additional Insured; and to delete GSAR clause 552.228-70,
Workers' Compensation Laws.
This rule is a result of the General Services Administration
Acquisition Manual (GSAM) Rewrite initiative undertaken by GSA to
revise the GSAM to maintain consistency with the FAR and to implement
streamlined and innovative acquisition procedures that contractors,
offerors, and GSA contracting personnel can utilize when entering into
and administering contractual relationships. The GSAM incorporates the
General Services Administration Acquisition Regulation (GSAR) as well
as internal agency acquisition policy.
GSA will rewrite each part of the GSAR and GSAM, and as each GSAR
part is rewritten, will publish it in the Federal Register.
This rule covers the rewrite of GSAR Part 528. The rule amends Part
528 to update the text addressing GSAR 528.202, Acceptability of
corporate sureties, and 528.310, Contract clause for work on a
Government installation. The rule adds 528.311, Solicitation provision
and contract clause on liability insurance under cost-reimbursement
contracts, and the GSAR clause at 552.228-5, Government as Additional
Insured, and deletes the clause 552.228-70, Workers' Compensation Laws.
The specific changes are as follows:
The language in 528.202, Acceptability of corporate
sureties, is revised to change ``you'' to ``The contracting officer.''
GSAR 528.310, Contract clause for work on a Government
installation, deletes 528.310(b) and the clause 552.228-70, Workers'
Compensation Laws. Clause 552.228-70 is deleted because its only
purpose is to recite the fact that 40 U.S.C. 3172 effects a limited
cession of jurisdiction to states with respect to enforcement of
worker's compensation laws and has no
[[Page 45379]]
contractual effect. GSAR 528.310(b) is being deleted because it relates
to proposed deletion of 552.228-70 where it states ``in the case of an
owner-controlled insurance program, or wrap-up insurance, the clause
will be a part of the policy holder's requirements'' the phrase ``the
clause'' refers to 552.528-70.
GSA is proposing to add 528.311, Solicitation provision
and contract clause on liability insurance under cost-reimbursement
contracts. The new language at 528.311-1 clarifies the usage for the
FAR clause 52.228-7, Insurance--Liability to Third Persons, in
solicitations and contracts. The language states that other than
contracts and solicitations for construction and architect-engineer
services, when a cost-reimbursement contract is contemplated, unless
the head of the contracting activity waives the requirement for use of
the clause, FAR clause 52.228-7 is required.
GSA is proposing to add clause 552.228-5 to the GSAR. The
language in this clause was previously in the GSAR and based upon GSA's
experience with contracts that do not have such a clause, it is being
reinstated to protect the Federal Government's interest. In essence,
the new 552.228-5 replaced the newly deleted 552.228-70. GSAR 552.228-
70 (formerly GSAR 552.228-75) did not serve any purpose other than to
recite the fact that 40 U.S.C. 3172 (formerly 40 U.S.C. 290) effects a
limited cession of jurisdiction to states with respect to enforcement
of worker's compensation laws. 552.228-70 had no contractual effect and
was superfluous.
Discussion of Comments
There were no public comments received in response to the Advanced
Notice of Proposed Rulemaking.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The General Services Administration does not expect this proposed
rule 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 revisions are not considered
substantive. The revisions only update and reorganize existing
coverage. An Initial Regulatory Flexibility Analysis has, therefore,
not been performed. We invite comments from small businesses and other
interested parties. GSA will consider comments from small entities
concerning the affected GSAR Parts 528 and 552 in accordance with 5
U.S.C. 610. Interested parties must submit such comments separately and
should cite 5 U.S.C. 601, et seq. (GSAR Case 2006-G517), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act applies; however, these changes to the
GSAR do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Number 3090-
0027.
List of Subjects in 48 CFR Parts 528 and 552
Government procurement.
Dated: July 28, 2008.
Al Matera,
Director, Office of Acquisition Policy, U.S. General Services
Administration.
Therefore, GSA proposes to amend 48 CFR parts 528 and 552 as set
forth below:
PART 528--BONDS AND INSURANCE
1. The authority citation for 48 CFR part 528 is revised to read as
follows:
Authority: 40 U.S.C. 121(c).
528.202 [Amended]
2. Amend section 528.202 by removing the word ``You'' and adding
the words ``The contracting officer'' in its place.
3. Revise section 528.310 to read as follows:
528.310 Contract clause for work on a Government installation.
Insert the clause at 552.228-5, Government as Additional Insured,
in each solicitation and contract that meets all the following
conditions:
(a) The contract amount is expected to exceed the simplified
acquisition threshold.
(b) The contract will require work to be performed on Government
property.
4. Add section 528.311 to read as follows:
528.311 Solicitation provision and contract clause on liability
insurance under cost-reimbursement contracts.
528.311-1 Contract clause.
Use the clause at FAR 52.228-7, Insurance--Liability to Third
Persons, in solicitations and contracts, other than those for
construction and those for architect-engineer services, when a cost-
reimbursement contract is contemplated, unless the head of the
contracting activity waives the requirement for use of the clause.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
5. The authority citation for 48 CFR part 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
6. Add section 552.228-5 to read as follows:
552.228-5 Government as Additional Insured.
As prescribed in 528.310, insert the following clause:
GOVERNMENT AS ADDITIONAL INSURED (DATE)
(a) This clause supplements the requirements set forth in FAR
clause 52.528-5, Insurance--Work on a Government Installation.
(b) Each insurance policy required under this contract, other
than workers' compensation insurance, shall contain an endorsement
naming the United States as an additional insured with respect to
operations performed under this contract. The insurance carrier is
required to waive all subrogation rights against any of the named
insured.
(End of clause)
552.228-70 [Removed]
7. Section 552.228-70 is removed.
[FR Doc. E8-17938 Filed 8-4-08; 8:45 am]
BILLING CODE 6820-61-S
