General Services Administration Acquisition Regulation; GSAR Case 2006-G517, Rewrite of GSAR Part 528, Bonds and Insurance, 17098-17099 [E9-8402]
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17098
Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations
By Order of the Maritime Administrator.
Dated: April 6, 2009.
Leonard Sutter,
Secretary, Maritime Administration.
[FR Doc. E9–8226 Filed 4–13–09; 8:45 am]
BILLING CODE 4910–81–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 528 and 552
[GSAR Amendment 2009–02; GSAR Case
2006–G517 (Change 28); Docket 2008-0007;
Sequence 3]
RIN 3090–AI64
General Services Administration
Acquisition Regulation; GSAR Case
2006–G517, Rewrite of GSAR Part 528,
Bonds and Insurance
AGENCIES: General Services
Administration (GSA), Office of the
Chief Acquisition Officer.
ACTION: Final rule.
SUMMARY: The General Services
Administration (GSA) is amending the
GSA Acquisition Regulation (GSAR) to
update the text addressing bonds and
insurance. This rule is a result of the
GSA Acquisition Manual (GSAM)
rewrite initiative undertaken by GSA to
revise the GSAM to maintain
consistency with the Federal
Acquisition Regulation (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 GSAR as
well as internal agency acquisition
policy.
Effective Date: May 14, 2009.
For
clarification of content, contact Mr.
Michael O. Jackson at (202) 208–4949.
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 (Change 28).
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
A. Background
The General Services Administration
published an Advance Notice of
Proposed Rulemaking (ANPR) in the
Federal Register at 71 FR 7910 on
February 15, 2006, with request for
comments on all parts of the GSAM. No
comments were received on Part 528.
However, internal review comments
have been incorporated as appropriate.
VerDate Nov<24>2008
15:32 Apr 13, 2009
Jkt 217001
A proposed rule for the regulatory
portion of the GSAM was published in
the Federal Register at 73 FR 45378 on
August 5, 2008. The public comment
period for GSAR Part 528 closed on
October 6, 2008, and no comments were
received.
The Rewrite of Part 528
This final rule contains the revisions
made to Part 528, Bonds and Insurance,
as a result of internal review comments.
The rule revises Part 528 to address the
text at GSAR 528.202, Acceptability of
corporate sureties, and GSAR 528.310,
Contract clause for work on a
Government installation. The rule adds
GSAR 528.311, Solicitation provision
and contract clause on liability
insurance under cost-reimbursement
contracts, and GSAR 552.228–5,
Government as Additional Insured, and
deletes GSAR 552.228–70, Workers’
Compensation Laws. The specific
changes are as follows:
• The language in GSAR 528.202,
Acceptability of corporate sureties is
revised to change ‘‘you’’ to the
‘‘contracting officer.’’
• The change in GSAR 528.310,
Contract clause for work on a
Government installation deletes GSAR
528.310 paragraph (b) and GSAR
552.228–70, Workers’ Compensation
Laws. The clause GSAR 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
contractual effect. Paragraph (b) in
GSAR 528.310 is being deleted because
it relates to the deletion of GSAR
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 GSAR 552.528–70.
• GSA is adding GSAR 528.311,
Solicitation provision and contract
clause on liability insurance under costreimbursement contracts. The new
language at section 528.311–l 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 adding 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
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
being reinstated to protect the Federal
Government’s interest. In essence, the
new GSAR 552.228–5 replaced the
newly deleted GSAR 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. GSAR clause
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
published in the Federal Register at 71
FR 7910 on February 15, 2006. A
proposed rule was published in the
Federal Register at 73 FR 45378 on
August 5, 2008. The comment period
closed October 6, 2008, and no
comments were received.
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
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 revisions are not considered
substantive. The revisions only update
and reorganize existing coverage.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
apply; 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: March 6, 2009
Rodney P. Lantier,
Acting, Senior Procurement Executive, Office
of the Chief Acquisition Officer, General
Services Administration.
Therefore, GSA amends 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).
E:\FR\FM\14APR1.SGM
14APR1
Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations
this contract. The insurance carrier is
required to waive all subrogation rights
against any of the named insured.
(End of clause)
2. Revise section 528.202 to read as
follows:
■
528.202 Acceptability of corporate
sureties.
Corporate surety bonds must be
manually signed by the Attorney-in-Fact
or officer of the surety company and the
corporate seal affixed. The contracting
officer may waive failure of the surety
to affix the corporate seal as a minor
informality. (See B–184120, July 2,
1975, 75–2 CPD 9.)
■ 3. Revise section 528.310 to read as
follows:
528.310 Contract clause for work on a
Government installation.
528.311 Solicitation provision and
contract clause on liability insurance under
cost-reimbursement contracts.
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.
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:
GOVERNMENT AS ADDITIONAL
INSURED (MAY 2009)
(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
VerDate Nov<24>2008
15:32 Apr 13, 2009
Jkt 217001
■
[Removed]
7. Remove section 552.228–70.
[FR Doc. E9–8402 Filed 4–13–09; 8:45 am]
BILLING CODE 6820–61–S
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 192 and 195
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; and
(b) The contract will require work to
be performed on Government property.
■ 4. Add sections 528.311 and 528.311–
1 to read as follows:
528.311—1
552.228–70
[Docket No. PHMSA–2008–0334.]
RIN 2137–AE42
Pipeline Safety: Incorporation by
Reference Update: American
Petroleum Institute (API) Standards 5L
and 1104
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Direct final rule.
AGENCY:
SUMMARY: This direct final rule
incorporates by reference the most
recent editions of API Specification 5L
‘‘Specification for Line Pipe’’ and API
1104 ‘‘Welding of Pipelines and Related
Facilities.’’ The purpose of this update
is to enable pipeline operators to utilize
current technology, materials, and
practices to help maintain a high level
of safety relative to their pipeline
operations. PHMSA is not eliminating
the use of the current referenced
standards but simply allowing the
additional use of these new standards.
PHMSA may in the future propose to
eliminate the incorporation of the
existing referenced standards.
DATES: Effective Date: This rule is
effective April 14, 2009 without further
action, unless adverse comment is
received by June 15, 2009. If adverse
comment is received, PHMSA will
publish a timely withdrawal of the rule
in the Federal Register.
Incorporation by Reference Date: The
incorporation by reference of certain
publications listed in this rule is
approved by the Director of the Federal
Register as of April 14, 2009.
ADDRESSES: Comments should reference
DOT Docket ID Number PHMSA–2008–
0334 and may be submitted by any of
the following methods:
• E-Gov Web: https://
www.regulations.gov. This web site
allows the public to enter comments on
any Federal Register notice issued by
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
17099
any agency. Follow the online
instructions for submitting comments.
• Mail: Docket Management System:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: DOT
Docket Management System, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: Identify the docket ID,
PHMSA 2008–0334, at the beginning of
your comments. If you submit your
comments by mail, submit two copies.
If you wish to receive confirmation that
PHMSA received your comments,
include a self-addressed stamped
postcard. Internet users may submit
comments at https://
www.regulations.gov.
Note: All comments received will be
posted without edits to https://
www.regulations.gov, including any personal
information provided. Please see the Privacy
Act heading below.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or you may visit https://
DocketInfo.dot.gov.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or the street
address listed above. Follow the online
instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT: For
information about the technical
standards contact Mike Israni, (202)
366–4571, or by e-mail at
mike.israni@dot.gov. For all other
information contact John Gale by phone
at (202) 366–4046 or by e-mail at
john.gale@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
This direct final rule adopts the most
recent editions of two consensus
technical standards, the American
Petroleum Institute (API) 5L (44th
edition) and API 1104 (20th edition).
Through use of these consensus
standards, pipeline operators will be
able to use current technology,
materials, and practices. The
incorporation of the most recent
E:\FR\FM\14APR1.SGM
14APR1
Agencies
[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Rules and Regulations]
[Pages 17098-17099]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8402]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 528 and 552
[GSAR Amendment 2009-02; GSAR Case 2006-G517 (Change 28); Docket 2008-
0007; Sequence 3]
RIN 3090-AI64
General Services Administration Acquisition Regulation; GSAR Case
2006-G517, Rewrite of GSAR Part 528, Bonds and Insurance
AGENCIES: General Services Administration (GSA), Office of the Chief
Acquisition Officer.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is amending the GSA
Acquisition Regulation (GSAR) to update the text addressing bonds and
insurance. This rule is a result of the GSA Acquisition Manual (GSAM)
rewrite initiative undertaken by GSA to revise the GSAM to maintain
consistency with the Federal Acquisition Regulation (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 GSAR as well as internal agency acquisition policy.
DATES: Effective Date: May 14, 2009.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Michael O. Jackson at (202) 208-4949. 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 (Change 28).
SUPPLEMENTARY INFORMATION:
A. Background
The General Services Administration published an Advance Notice of
Proposed Rulemaking (ANPR) in the Federal Register at 71 FR 7910 on
February 15, 2006, with request for comments on all parts of the GSAM.
No comments were received on Part 528. However, internal review
comments have been incorporated as appropriate. A proposed rule for the
regulatory portion of the GSAM was published in the Federal Register at
73 FR 45378 on August 5, 2008. The public comment period for GSAR Part
528 closed on October 6, 2008, and no comments were received.
The Rewrite of Part 528
This final rule contains the revisions made to Part 528, Bonds and
Insurance, as a result of internal review comments. The rule revises
Part 528 to address the text at GSAR 528.202, Acceptability of
corporate sureties, and GSAR 528.310, Contract clause for work on a
Government installation. The rule adds GSAR 528.311, Solicitation
provision and contract clause on liability insurance under cost-
reimbursement contracts, and GSAR 552.228-5, Government as Additional
Insured, and deletes GSAR 552.228-70, Workers' Compensation Laws. The
specific changes are as follows:
The language in GSAR 528.202, Acceptability of corporate
sureties is revised to change ``you'' to the ``contracting officer.''
The change in GSAR 528.310, Contract clause for work on a
Government installation deletes GSAR 528.310 paragraph (b) and GSAR
552.228-70, Workers' Compensation Laws. The clause GSAR 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 contractual
effect. Paragraph (b) in GSAR 528.310 is being deleted because it
relates to the deletion of GSAR 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 GSAR 552.528-70.
GSA is adding GSAR 528.311, Solicitation provision and
contract clause on liability insurance under cost-reimbursement
contracts. The new language at section 528.311-l 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 adding 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 GSAR 552.228-5 replaced the newly deleted GSAR 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. GSAR clause 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 published in the Federal Register at 71
FR 7910 on February 15, 2006. A proposed rule was published in the
Federal Register at 73 FR 45378 on August 5, 2008. The comment period
closed October 6, 2008, and no comments were received.
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 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 revisions are not considered
substantive. The revisions only update and reorganize existing
coverage.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply; 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: March 6, 2009
Rodney P. Lantier,
Acting, Senior Procurement Executive, Office of the Chief Acquisition
Officer, General Services Administration.
0
Therefore, GSA amends 48 CFR parts 528 and 552 as set forth below:
PART 528--BONDS AND INSURANCE
0
1. The authority citation for 48 CFR part 528 is revised to read as
follows:
Authority: 40 U.S.C. 121(c).
[[Page 17099]]
0
2. Revise section 528.202 to read as follows:
528.202 Acceptability of corporate sureties.
Corporate surety bonds must be manually signed by the Attorney-in-
Fact or officer of the surety company and the corporate seal affixed.
The contracting officer may waive failure of the surety to affix the
corporate seal as a minor informality. (See B-184120, July 2, 1975, 75-
2 CPD 9.)
0
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; and
(b) The contract will require work to be performed on Government
property.
0
4. Add sections 528.311 and 528.311-1 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
0
5. The authority citation for 48 CFR part 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
0
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 (MAY 2009)
(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]
0
7. Remove section 552.228-70.
[FR Doc. E9-8402 Filed 4-13-09; 8:45 am]
BILLING CODE 6820-61-S