Defense Federal Acquisition Regulation Supplement: Separation of Combined Provisions and Clauses (DFARS Case 2011-D048), 71922-71926 [2011-29857]
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71922
§ 17.56
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Proposed Rules
[Amended]
2. Revise § 17.56(a) by removing ‘‘and
except for non-contractual payments for
home health services and hospice care’’.
[FR Doc. 2011–29994 Filed 11–18–11; 8:45 am]
BILLING CODE 8302–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0845; FRL–9492–1]
Revisions to the California State
Implementation Plan, Placer County
Air Pollution Control District and
Sacramento Metropolitan Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
revisions to the Placer County Air
Pollution Control District (PCAPCD) and
Sacramento Metropolitan Air Quality
Management District (SMAQMD)
portion of the California State
Implementation Plan (SIP). These
revisions concern volatile organic
compound (VOC) emissions from
coatings and strippers used on wood
products, wood paneling, and
miscellaneous metal parts and products.
We are proposing to approve three local
rules to regulate these emission sources
under the Clean Air Act as amended in
1990 (CAA or the Act).
DATES: Any comments on this proposal
must arrive by December 21, 2011.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2011–0845, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air–4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or email.
https://www.regulations.gov is an
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SUMMARY:
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‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send
email directly to EPA, your email
address will be automatically captured
and included as part of the public
comment. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: Generally, documents in the
docket for this action are available
electronically at https://www.
regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San
Francisco, California. While all
documents in the docket are listed at
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Nicole Law, EPA Region IX, (415) 947–
4126, law.nicole@epa.gov.
SUPPLEMENTARY INFORMATION: This
proposal addresses the following local
rules: PCAPCD Rule 236 (Wood
Products and Coating Operations),
PCAPCD Rule 238 (Factory Coating of
Flat Wood Paneling), and SMAQMD
Rule 451 (Surface Coating of
Miscellaneous Metal Parts and
Products). In the Rules and Regulations
section of this Federal Register, we are
approving these local rules in a direct
final action without prior proposal
because we believe these SIP revisions
are not controversial. If we receive
adverse comments, however, we will
publish a timely withdrawal of the
direct final rule and address the
comments in subsequent action based
on this proposed rule. Please note that
if we receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
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Dated: October 24, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011–29905 Filed 11–18–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204, 209, 216, 229, and
252
RIN 0750–AH38
Defense Federal Acquisition
Regulation Supplement: Separation of
Combined Provisions and Clauses
(DFARS Case 2011–D048)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
separate provisions and clauses that are
currently combined, in order to be in
compliance with DFARS drafting
conventions.
DATES: Comment Date: Comments on
the proposed rule should be submitted
in writing to the address shown below
on or before January 20, 2012, to be
considered in the formation of a final
rule.
ADDRESSES: Submit comments
identified by DFARS Case 2011–D048,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘DFARS Case 2011–D048’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2011–
D048.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2011–
D048’’ on your attached document.
Æ Email: dfars@osd.mil. Include
DFARS Case 2011–D048 in the subject
line of the message.
Æ Fax: (703) 602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn.: Amy G.
Williams, OUSD (AT&L) DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
SUMMARY:
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Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Proposed Rules
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT:
Amy G. Williams, telephone (703) 602–
0328.
SUPPLEMENTARY INFORMATION:
I. Background
A provision is included only in the
solicitation and addresses the offeror. A
contract clause is included in both the
solicitation and the contract, and
provides the terms that apply
throughout contract performance.
Representations and certifications are
71923
generally included in a provision,
which the offeror responds to in its
offer. It is against DFARS drafting
conventions to combine a provision and
a clause into a single clause.
This rule proposes to remove the
representations from five DFARS
clauses and create five new provisions
to be used in solicitations that include
the associated clauses, as follows:
DFARS Clause
Proposed provision
252.209–7005, Reserve Officer Training Corps and Military Recruiting
on Campus.
252.216–7000, Economic Price Adjustment—Basic Steel, Aluminum,
Brass, Bronze, or Copper Mill Products.
252.216–7003, Economic Price Adjustment—Wage Rates or Material
Prices Controlled by a Foreign Government.
252.229–7003, Tax Exemptions (Italy) ....................................................
252.229–7005, Tax Exemptions (Spain) ..................................................
252.209–7003, Reserve Officer Training Corps and Military Recruiting
on Campus—Representation.
252.216–70XX, Economic Price Adjustment—Basic Steel, Aluminum,
Brass, Bronze, or Copper Mill Products—Representation.
252.216–70YY, Economic Price Adjustment—Wage Rates or Material
Prices Controlled by a Foreign Government—Representation.
252.229–70XX, Tax Exemptions (Italy)—Representation.
252.229–70YY, Tax Exemptions (Spain)—Representation.
Conforming changes are also required
to DFARS 252.204–7007, Alternate A,
Annual Representations and
Certifications and the associated
prescription at DFARS 204.1202, to list
the new provisions in lieu of the current
DFARS clauses.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
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III. Regulatory Flexibility Act
DoD does not expect this 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 it does not add any new
requirements—it only reformats existing
requirements of five clauses into
separate provisions and clauses.
Therefore, an initial regulatory
flexibility analysis has not been
performed. DoD invites comments from
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small business concerns and other
interested parties on the expected
impact of this rule on small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610.
Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 2011–D048), in
correspondence.
204.1202 Solicitation provision and
contract clause.
*
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*
*
(ii) 252.209–7002, Disclosure of
Ownership or Control by a Foreign
Government.
(iii) 252.209–7003, Reserve Officer
Training Corps and Military Recruiting
on Campus—Representation.
IV. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
(iv) 252.216–70YY, Economic Price
Adjustment—Wage Rates or Material
Prices Controlled by a Foreign
Government—Representation.
*
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*
*
(xi) 252.229–70XX, Tax Exemptions
(Italy)—Representation.
List of Subjects in 48 CFR Parts 204,
209, 216, 229, and 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
Therefore DoD proposes to amend 48
CFR parts 204, 209, 216, 229, and 252
as follows:
1. The authority citation for 48 CFR
parts 204, 209, 216, 229, and 252
continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 204—ADMINISTRATIVE
MATTERS
2. Amend section 204.1202(2) by
revising paragraphs (ii), (iii), (iv), (xi),
and (xii) to read as follows:
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(xii) 252.229–70YY, Tax Exemptions
(Spain)—Representation.
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PART 209—CONTRACTOR
QUALIFICATIONS
3. Revise section 209.470–4 to read as
follows:
209.470–4 Solicitation provision and
contract clause.
(a) Use the provision at 252.209–7003,
Reserve Officer Training Corps and
Military Recruiting on Campus—
Representation, in all solicitations with
institutions of higher education.
(b) Use the clause at 252.209–7005,
Reserve Officer Training Corps and
Military Recruiting on Campus, in all
solicitations and contracts with
institutions of higher education.
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PART 229—TAXES
4. Amend section 216.203–4–70 by—
(a) Revising the section heading; and
(b) Revising paragraphs (a) and (c) to
read as follows:
5. Amend section 229.402–70 by—
(a) Revising the section heading; and
(b) Revising paragraphs (c) and (e) to
read as follows:
216.203–4–70
clauses.
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PART 216—TYPES OF CONTRACTS
229.402–70
clauses.
Additional provisions and
(a) Price adjustment for basic steel,
aluminum, brass, bronze, or copper mill
products.
(1)(i) The price adjustment clause at
252.216–7000, Economic Price
Adjustment—Basic Steel, Aluminum,
Brass, Bronze, or Copper Mill Products,
may be used in fixed-price supply
solicitations and contracts for basic
steel, aluminum, brass, bronze, or
copper mill products, such as sheets,
plates, and bars, when an established
catalog or market price exists for the
particular product being acquired.
(ii) The 10 percent figure in paragraph
(d)(1) of the clause shall not be
exceeded unless approval is obtained at
a level above the contracting officer.
(2) Use the price adjustment provision
at 252.216–70XX, Economic Price
Adjustment—Basic Steel, Aluminum,
Brass, Bronze, or Copper Mill
Products—Representation, in
solicitations that include the clause at
252.216–7000, Economic Price
Adjustment—Basic Steel, Aluminum,
Brass, Bronze, or Copper Mill Products.
*
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*
(c) Price adjustment for wage rates or
material prices controlled by a foreign
government.
(1)(i) The price adjustment clause at
252.216–7003, Economic Price
Adjustment—Wage Rates or Material
Prices Controlled by a Foreign
Government, may be used in fixed-price
supply and service solicitations and
contracts when—
(A) The contract is to be performed
wholly or in part in a foreign country;
and
(B) A foreign government controls
wage rates or material prices and may,
during contract performance, impose a
mandatory change in wages or prices of
material.
(ii) Verify the base wage rates and
material prices prior to contract award
and prior to making any adjustment in
the contract price.
(2) Use the provision at 252.216–
70YY, Economic Price Adjustment—
Wage Rates or Material Prices
Controlled by a Foreign Government—
Representation, in solicitations that
include the clause at DFARS 252.216–
7003, Economic Price Adjustment—
Wage Rates or Material Prices
Controlled by a Foreign Government.
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Additional provisions and
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(c)(1) Use the clause at 252.229–7003,
Tax Exemptions (Italy), in solicitations
and contracts when contract
performance will be in Italy.
(2) Use the provision at 252.229–
70XX, Tax Exemptions (Italy)—
Representation, in solicitations that
contain the clause at 252.229–7003, Tax
Exemptions (Italy).
*
*
*
*
*
(e)(1) Use the clause at 252.229–7005,
Tax Exemptions (Spain), in solicitations
and contracts when contract
performance will be in Spain.
(2) Use the provision at 252.229–
70YY, Tax Exemptions (Spain)—
Representation, in solicitations that
contain the clause at 252.229–7005, Tax
Exemptions (Spain).
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
6. Amend section 252.204–7007 by—
(a) Amending the clause date by
removing ‘‘(SEP 2011)’’ and adding in
its place ‘‘(DATE)’’; and
(b) Revising paragraph (d)(1) to read
as follows:
252.204–7007 Alternate A, Annual
Representations and Certifications.
*
*
*
*
*
(d)(1) The following representations
or certifications in ORCA are applicable
to this solicitation as indicated:
(i) 252.209–7001, Disclosure of
Ownership or Control by the
Government of a Terrorist Country.
Applies to all solicitations expected to
result in contracts of $150,000 or more.
(ii) 252.209–7003, Reserve Officer
Training Corps and Military Recruiting
on Campus—Representation. Applies to
all solicitations with institutions of
higher education.
(iii) 252.216–70YY, Economic Price
Adjustment—Wage Rates or Material
Prices Controlled by a Foreign
Government. Applies to solicitations for
fixed-price supply and service contracts
when the contract is to be performed
wholly or in part in a foreign country,
and a foreign government controls wage
rates or material prices and may, during
contract performance, impose a
mandatory change in wages or prices of
materials.
(iv) 252.225–7042, Authorization to
Perform. Applies to all solicitations
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when performance will be wholly or in
part in a foreign country.
(v) 252.229–70XX, Tax Exemptions
(Italy)—Representation. Applies to
solicitations when contract performance
will be in Italy.
(vi) 252.229–70YY, Tax Exemptions
(Spain)—Representation. Applies to
solicitations when contract performance
will be in Spain.
*
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*
*
7. Add section 252.209–7003 to read
as follows:
252.209–7003 Reserve Officer Training
Corps and Military Recruiting on Campus—
Representation.
As prescribed in 209.470–4(a), use the
following provision: Reserve Officer
Training Corps and Military Recruiting
on Campus—Representation (Date).
(a) Definition. Institution of higher
education, as used in this provision, is
defined in the clause at 252.209–7005,
Reserve Officer Training Corps and
Military Recruiting on Campus.
(b) Limitation on contract award.
Except as provided in paragraph (c) of
this provision, an institution of higher
education is ineligible for contract
award if the Secretary of Defense
determines that the institution has a
current policy or practice (regardless of
when implemented) that prohibits or in
effect prevents—
(1) The Secretary of a military
department from maintaining,
establishing, or operating a unit of the
Senior Reserve Officer Training Corps
(ROTC) (in accordance with 10 U.S.C.
654 and other applicable Federal laws)
at that institution;
(2) A student at that institution from
enrolling in a unit of the Senior ROTC
at another institution of higher
education;
(3) The Secretary of a military
department or the Secretary of
Transportation from gaining entry to
campuses, or access to students (who
are 17 years of age or older) on
campuses, for purposes of military
recruiting; or
(4) Military recruiters from accessing,
for purposes of military recruiting, the
following information pertaining to
students (who are 17 years of age or
older) enrolled at that institution:
(i) Name.
(ii) Address.
(iii) Telephone number.
(iv) Date and place of birth.
(v) Educational level.
(vi) Academic major.
(vii) Degrees received.
(viii) Most recent educational
institution enrollment.
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(c) Exception. The limitation in
paragraph (b) of this provision does not
apply to an institution of higher
education if the Secretary of Defense
determines that the institution has a
long-standing policy of pacifism based
on historical religious affiliation.
(d) Representation. By submission of
its offer, the offeror represents that the
institution does not have any policy or
practice described in paragraph (b) of
this clause, unless the Secretary of
Defense has determined that the
institution has a long-standing policy of
pacifism based on historical religious
affiliation.
(End of provision)
8. Amend section 252.209–7005 by—
(a) Amending the introductory text by
removing ‘‘209.470–4’’ and adding in its
place ‘‘209.470–4(b)’’;
(b) Amending the clause date by
removing ‘‘(Jan 2000)’’ and adding in its
place ‘‘(Date)’’;
(c) Revising introductory text of
paragraph (b);
(d) Removing paragraph (d);
(e) Redesignating paragraph (e) as
paragraph (d); and
(f) Revising the introductory text of
the newly redesignated paragraph (d).
The revisions read as follows:
252.209–7005 Reserve Officer Training
Corps and Military Recruiting on Campus.
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(b) Limitation. Except as provided in
paragraph (c) of this clause, the
Contractor shall not, during
performance of this contract, have any
policy or practice that prohibits or in
effect prevents—
*
*
*
*
*
(d) Notwithstanding any other clause
of this contract, if the Secretary of
Defense determines that the Contractor
misrepresented its policies and
practices at the time of contract award
or has violated the prohibition in
paragraph (b) of this clause—
*
*
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*
*
9. Amend section 252.216–7000 by—
(a) Amending the introductory text by
removing ‘‘216.203–4–70(a)’’ and
adding in its place ‘‘216.203–4–
70(a)(1)’’;
(b) Amending the clause date by
removing ‘‘(Jul 1997)’’ and adding in its
place ‘‘(Date)’’; and
(c) Revising paragraph (b) to read as
follows:
252.216–7000 Economic Price
Adjustment—Basic Steel, Aluminum, Brass,
Bronze, or Copper Mill Products.
*
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*
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(b) As represented by the Contractor
in its offer, the unit price stated for
(Identify the item) is not in excess of the
Contractor’s established price in effect
on the date set for opening of bids (or
the contract date if this is a negotiated
contract) for like quantities of the same
item. This price is the net price after
applying any applicable standard trade
discounts offered by the Contractor from
its catalog, list, or schedule price.
*
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*
*
10. Amend section 252.216–7003 by—
(a) Amending the introductory text by
removing ‘‘216.203–4–70(c)’’ and
adding in its place ‘‘216.203–4–
70(c)(1)’’;
(b) Amending the clause date by
removing ‘‘(Jun 1997)’’ and adding in its
place ‘‘(Date)’’; and
(c) Revising paragraph (a) to read as
follows:
252.216–7003 Economic Price
Adjustment—Wage Rates or Material Prices
Controlled by a Foreign Government.
*
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*
*
*
(a) As represented by the Contractor
in its offer, the prices set forth in this
contract—
(1) Are based on the wage rate(s) or
material price(s) established and
controlled by the government of the
country specified by the Contractor in
the solicitation; and
(2) Do not include contingency
allowances to pay for possible increases
in wage rates or material prices.
*
*
*
*
*
11. Add section 252.216–70XX to read
as follows:
252.216–70XX Economic Price
Adjustment—Basic Steel, Aluminum, Brass,
Bronze, or Copper Mill Products—
Representation.
As prescribed in 216.203–4–70(a)(2),
use the following provision:
Economic Price Adjustment—Basic
Steel, Aluminum, Brass, Bronze, or
Copper Mill Products—Representation
(Date)
(a) Definitions. The terms established
price and unit price, as used in this
provision, have the meaning given in
the clause 252.216–7000, Economic
Price Adjustment—Basic Steel,
Aluminum, Brass, Bronze, or Copper
Mill Products.
(b) By submission of its offer, the
offeror represents that the unit price
stated in this offer for (Identify the item)
is not in excess of the offeror’s
established price in effect on the date
set for opening of bids (or the contract
date if this is to be a negotiated contract)
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for like quantities of the same item. This
price is the net price after applying any
applicable standard trade discounts
offered by the offeror from its catalog,
list, or schedule price.
(End of provision)
12. Add section 252.216–70YY to read
as follows:
252.216–70YY Economic Price
Adjustment—Wage Rates or Material Prices
Controlled by a Foreign Government—
Representation.
As prescribed in 216.203–4–70(c)(2),
use the following provision:
Economic Price Adjustment—Wage
Rates or Material Prices Controlled by a
Foreign Government—Representation
(Date)
(a) By submission of its offer, the
offeror represents that the prices set
forth in this offer—
(1) Are based on the wage rate(s) or
material price(s) established and
controlled by the government of
llllllllllllllllll
l
(Offeror insert name of host country);
and
(2) Do not include contingency
allowances to pay for possible increases
in wage rates or material prices.
(End of provision)
13. Amend section 252.229–7003 by—
(a) Amending the introductory text by
removing ‘‘229.402–70(c)’’ and adding
in its place ‘‘229.402–70(c)(1)’’;
(b) Amending the clause date by
removing ‘‘(Jan 2002)’’ and adding in its
place ‘‘(Date)’’; and
(c) Revising paragraph (a) to read as
follows:
252.229–7003
*
Tax Exemptions (Italy).
*
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*
(a) As the Contractor represented in
its offer, the contract price, including
the prices in subcontracts awarded
under this contract, does not include
taxes from which the United States
Government is exempt.
*
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*
*
14. Amend section 252.229–7005 by—
(a) Amending the introductory text by
removing ‘‘229.402–70(e)’’ and adding
in its place ‘‘229.402–70(e)(1)’’;
(b) Amending the clause date by
removing ‘‘(Jun 1997)’’ and adding in its
place ‘‘(Date)’’; and
(c) Revising paragraph (a) to read as
follows:
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252.229–7005
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Tax Exemptions (Spain).
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(a) As the Contractor represented in
its offer, the contract prices, including
subcontract prices, does not include the
taxes identified herein, or any other
taxes from which the United States
Government is exempt.
*
*
*
*
*
15. Add section 252.229–70XX to read
as follows:
252.229–70XX Tax Exemptions (Italy)—
Representation.
As prescribed in 229.402–70(c)(2), use
the following provision:
Tax Exemptions (Italy)—
Representation (Date)
(a) Exemptions. The United States
Government is exempt from payment
of—
(1) Imposta Valore Aggiunto (IVA) tax
in accordance with Article 72 of the IVA
implementing decree on all supplies
and services sold to United States
Military Commands in Italy; and
(2) The other taxes specified in
paragraph (c) of the clause DFARS
252.229–7003, Tax Exemptions (Italy).
(b) Representation. By submission of
its offer, the offeror represents that the
offered price, including the prices of
subcontracts to be awarded under the
contract, does not include the taxes
identified herein, or any other taxes
from which the United States
Government is exempt.
(End of provision)
16. Add section 252.229–70YY to read
as follows:
wreier-aviles on DSK3TPTVN1PROD with PROPOSALS
252.229–70YY Tax Exemptions (Spain)—
Representation.
As prescribed in 229.402–70(e)(2), use
the following clause:
Tax Exemptions (Spain)—
Representation (Date)
(a) Exemptions. In accordance with
tax relief agreements between the
United States Government and the
Spanish Government, and because the
resultant contract arises from the
activities of the United States Forces in
Spain, the contract will be exempt from
the excise, luxury, and transaction taxes
listed in paragraph (b) of the clause
DFARS 252.229–7005, Tax Exemptions
(Spain).
(b) Representation. By submission of
its offer, the offeror represents that the
offered price, including the prices of
subcontracts to be awarded under the
contract, does not include the taxes
identified herein, or any other taxes
from which the United States
Government is exempt.
(End of provision)
[FR Doc. 2011–29857 Filed 11–18–11; 8:45 am]
BILLING CODE 5001–06–P
VerDate Mar<15>2010
18:06 Nov 18, 2011
Jkt 226001
Defense Acquisition Regulations
System
48 CFR Parts 212, 244, and 252
RIN 0750–AH39
Defense Federal Acquisition
Regulation Supplement: Applicability
of Hexavalent Chromium Policy to
Commercial Items (DFARS Case 2011–
D047)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement to clarify the
applicability to commercial items of
DoD policies relating to the use of
materials containing hexavalent
chromium.
SUMMARY:
Comment Date: Comments on
the proposed rule should be submitted
in writing to the address shown below
on or before January 20, 2012, to be
considered in the formation of a final
rule.
DATES:
Submit comments
identified by DFARS Case 2011–D047,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting
‘‘DFARS Case 2011–D047’’ under the
heading ‘‘Enter keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘DFARS Case 2011–D047.’’ Follow
the instructions provided at the ‘‘Submit
a Comment’’ screen. Please include your
name, company name (if any), and
‘‘DFARS Case 2009–D047’’ on your
attached document.
Æ Email: dfars@osd.mil. Include
DFARS Case 2011–D047 in the subject
line of the message.
Æ Fax: 703–602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Amy G.
Williams, OUSD (AT&L) DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
ADDRESSES:
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
Ms.
Amy G. Williams, telephone 703–602–
0328.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF DEFENSE
*
I. Background
DoD published a final rule at in the
Federal Register at 76 FR 25569 on May
5, 2011, to implement in the Defense
Federal Acquisition Regulation
Supplement (DFARS) the DoD policy
addressing the serious human health
and environmental risks related to the
use of hexavalent chromium.
Hexavalent chromium is a chemical that
has been used in numerous DoD
weapons systems platforms due to its
corrosion protection properties.
However, hexavalent chromium is a
known carcinogen. The final rule
minimized the use of materials
containing hexavalent chromium in
items acquired by DoD, including the
creation of a new DFARS clause,
252.223–7008, Prohibition of
Hexavalent Chromium, which prohibits
the contractor from providing any
deliverables or construction material
that—
(1) Contains hexavalent chromium in
a concentration greater than 0.1 percent
by weight in any homogeneous material;
or
(2) Requires the removal or
reapplication of hexavalent chromium
materials during subsequent
sustainment phases of the deliverable or
construction material.
The final rule prescribed use of the
clause in solicitations and contracts for
supplies, maintenance and repair
services, or construction, unless an
exception at DFARS 223.7304 applies or
use has been authorized in accordance
with DFARS 223.7305.
II. Discussion and Analysis
The preamble to the final rule stated
the clear intent that the rule should
apply to commercial items. In response
to a respondent who requested an
exception for all commercial items, DoD
stated that to provide an exception for
all commercial items will jeopardize the
intent of the rule and be contrary to DoD
policy (section II.F.).
However, although the final rule did
not specify an exception for commercial
items, the rule overlooked the need to
separately prescribe the clause in part
212 in order to require use of the clause
in acquisitions conducted under part
212. FAR 12.301(d)(1) states that
prescriptions contained elsewhere in
the FAR do not apply to acquisitions
under FAR part 12, unless separately
included in FAR part 12.
Therefore, this rule proposes to
correct that oversight and provide at
E:\FR\FM\21NOP1.SGM
21NOP1
]]>Agencies
[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Proposed Rules]
[Pages 71922-71926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29857]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204, 209, 216, 229, and 252
RIN 0750-AH38
Defense Federal Acquisition Regulation Supplement: Separation of
Combined Provisions and Clauses (DFARS Case 2011-D048)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to separate provisions and clauses that
are currently combined, in order to be in compliance with DFARS
drafting conventions.
DATES: Comment Date: Comments on the proposed rule should be submitted
in writing to the address shown below on or before January 20, 2012, to
be considered in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2011-D048, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by inputting ``DFARS Case 2011-
D048'' under the heading ``Enter keyword or ID'' and selecting
``Search.'' Select the link ``Submit a Comment'' that corresponds with
``DFARS Case 2011-D048.'' Follow the instructions provided at the
``Submit a Comment'' screen. Please include your name, company name (if
any), and ``DFARS Case 2011-D048'' on your attached document.
[cir] Email: dfars@osd.mil. Include DFARS Case 2011-D048 in the
subject line of the message.
[cir] Fax: (703) 602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn.: Amy G.
Williams, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To
[[Page 71923]]
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Amy G. Williams, telephone (703) 602-
0328.
SUPPLEMENTARY INFORMATION:
I. Background
A provision is included only in the solicitation and addresses the
offeror. A contract clause is included in both the solicitation and the
contract, and provides the terms that apply throughout contract
performance. Representations and certifications are generally included
in a provision, which the offeror responds to in its offer. It is
against DFARS drafting conventions to combine a provision and a clause
into a single clause.
This rule proposes to remove the representations from five DFARS
clauses and create five new provisions to be used in solicitations that
include the associated clauses, as follows:
------------------------------------------------------------------------
DFARS Clause Proposed provision
------------------------------------------------------------------------
252.209-7005, Reserve Officer Training 252.209-7003, Reserve Officer
Corps and Military Recruiting on Training Corps and Military
Campus. Recruiting on Campus--
Representation.
252.216-7000, Economic Price 252.216-70XX, Economic Price
Adjustment--Basic Steel, Aluminum, Adjustment--Basic Steel,
Brass, Bronze, or Copper Mill Products. Aluminum, Brass, Bronze, or
Copper Mill Products--
Representation.
252.216-7003, Economic Price 252.216-70YY, Economic Price
Adjustment--Wage Rates or Material Adjustment--Wage Rates or
Prices Controlled by a Foreign Material Prices Controlled by
Government. a Foreign Government--
Representation.
252.229-7003, Tax Exemptions (Italy)... 252.229-70XX, Tax Exemptions
(Italy)--Representation.
252.229-7005, Tax Exemptions (Spain)... 252.229-70YY, Tax Exemptions
(Spain)--Representation.
------------------------------------------------------------------------
Conforming changes are also required to DFARS 252.204-7007,
Alternate A, Annual Representations and Certifications and the
associated prescription at DFARS 204.1202, to list the new provisions
in lieu of the current DFARS clauses.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
III. Regulatory Flexibility Act
DoD does not expect this 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 it does not
add any new requirements--it only reformats existing requirements of
five clauses into separate provisions and clauses. Therefore, an
initial regulatory flexibility analysis has not been performed. DoD
invites comments from small business concerns and other interested
parties on the expected impact of this rule on small entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610.
Interested parties must submit such comments separately and should
cite 5 U.S.C. 610 (DFARS Case 2011-D048), in correspondence.
IV. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 204, 209, 216, 229, and 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore DoD proposes to amend 48 CFR parts 204, 209, 216, 229,
and 252 as follows:
1. The authority citation for 48 CFR parts 204, 209, 216, 229, and
252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE MATTERS
2. Amend section 204.1202(2) by revising paragraphs (ii), (iii),
(iv), (xi), and (xii) to read as follows:
204.1202 Solicitation provision and contract clause.
* * * * *
(ii) 252.209-7002, Disclosure of Ownership or Control by a Foreign
Government.
(iii) 252.209-7003, Reserve Officer Training Corps and Military
Recruiting on Campus--Representation.
(iv) 252.216-70YY, Economic Price Adjustment--Wage Rates or
Material Prices Controlled by a Foreign Government--Representation.
* * * * *
(xi) 252.229-70XX, Tax Exemptions (Italy)--Representation.
(xii) 252.229-70YY, Tax Exemptions (Spain)--Representation.
* * * * *
PART 209--CONTRACTOR QUALIFICATIONS
3. Revise section 209.470-4 to read as follows:
209.470-4 Solicitation provision and contract clause.
(a) Use the provision at 252.209-7003, Reserve Officer Training
Corps and Military Recruiting on Campus--Representation, in all
solicitations with institutions of higher education.
(b) Use the clause at 252.209-7005, Reserve Officer Training Corps
and Military Recruiting on Campus, in all solicitations and contracts
with institutions of higher education.
[[Page 71924]]
PART 216--TYPES OF CONTRACTS
4. Amend section 216.203-4-70 by--
(a) Revising the section heading; and
(b) Revising paragraphs (a) and (c) to read as follows:
216.203-4-70 Additional provisions and clauses.
(a) Price adjustment for basic steel, aluminum, brass, bronze, or
copper mill products.
(1)(i) The price adjustment clause at 252.216-7000, Economic Price
Adjustment--Basic Steel, Aluminum, Brass, Bronze, or Copper Mill
Products, may be used in fixed-price supply solicitations and contracts
for basic steel, aluminum, brass, bronze, or copper mill products, such
as sheets, plates, and bars, when an established catalog or market
price exists for the particular product being acquired.
(ii) The 10 percent figure in paragraph (d)(1) of the clause shall
not be exceeded unless approval is obtained at a level above the
contracting officer.
(2) Use the price adjustment provision at 252.216-70XX, Economic
Price Adjustment--Basic Steel, Aluminum, Brass, Bronze, or Copper Mill
Products--Representation, in solicitations that include the clause at
252.216-7000, Economic Price Adjustment--Basic Steel, Aluminum, Brass,
Bronze, or Copper Mill Products.
* * * * *
(c) Price adjustment for wage rates or material prices controlled
by a foreign government.
(1)(i) The price adjustment clause at 252.216-7003, Economic Price
Adjustment--Wage Rates or Material Prices Controlled by a Foreign
Government, may be used in fixed-price supply and service solicitations
and contracts when--
(A) The contract is to be performed wholly or in part in a foreign
country; and
(B) A foreign government controls wage rates or material prices and
may, during contract performance, impose a mandatory change in wages or
prices of material.
(ii) Verify the base wage rates and material prices prior to
contract award and prior to making any adjustment in the contract
price.
(2) Use the provision at 252.216-70YY, Economic Price Adjustment--
Wage Rates or Material Prices Controlled by a Foreign Government--
Representation, in solicitations that include the clause at DFARS
252.216-7003, Economic Price Adjustment--Wage Rates or Material Prices
Controlled by a Foreign Government.
PART 229--TAXES
5. Amend section 229.402-70 by--
(a) Revising the section heading; and
(b) Revising paragraphs (c) and (e) to read as follows:
229.402-70 Additional provisions and clauses.
* * * * *
(c)(1) Use the clause at 252.229-7003, Tax Exemptions (Italy), in
solicitations and contracts when contract performance will be in Italy.
(2) Use the provision at 252.229-70XX, Tax Exemptions (Italy)--
Representation, in solicitations that contain the clause at 252.229-
7003, Tax Exemptions (Italy).
* * * * *
(e)(1) Use the clause at 252.229-7005, Tax Exemptions (Spain), in
solicitations and contracts when contract performance will be in Spain.
(2) Use the provision at 252.229-70YY, Tax Exemptions (Spain)--
Representation, in solicitations that contain the clause at 252.229-
7005, Tax Exemptions (Spain).
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
6. Amend section 252.204-7007 by--
(a) Amending the clause date by removing ``(SEP 2011)'' and adding
in its place ``(DATE)''; and
(b) Revising paragraph (d)(1) to read as follows:
252.204-7007 Alternate A, Annual Representations and Certifications.
* * * * *
(d)(1) The following representations or certifications in ORCA are
applicable to this solicitation as indicated:
(i) 252.209-7001, Disclosure of Ownership or Control by the
Government of a Terrorist Country. Applies to all solicitations
expected to result in contracts of $150,000 or more.
(ii) 252.209-7003, Reserve Officer Training Corps and Military
Recruiting on Campus--Representation. Applies to all solicitations with
institutions of higher education.
(iii) 252.216-70YY, Economic Price Adjustment--Wage Rates or
Material Prices Controlled by a Foreign Government. Applies to
solicitations for fixed-price supply and service contracts when the
contract is to be performed wholly or in part in a foreign country, and
a foreign government controls wage rates or material prices and may,
during contract performance, impose a mandatory change in wages or
prices of materials.
(iv) 252.225-7042, Authorization to Perform. Applies to all
solicitations when performance will be wholly or in part in a foreign
country.
(v) 252.229-70XX, Tax Exemptions (Italy)--Representation. Applies
to solicitations when contract performance will be in Italy.
(vi) 252.229-70YY, Tax Exemptions (Spain)--Representation. Applies
to solicitations when contract performance will be in Spain.
* * * * *
7. Add section 252.209-7003 to read as follows:
252.209-7003 Reserve Officer Training Corps and Military Recruiting on
Campus--Representation.
As prescribed in 209.470-4(a), use the following provision: Reserve
Officer Training Corps and Military Recruiting on Campus--
Representation (Date).
(a) Definition. Institution of higher education, as used in this
provision, is defined in the clause at 252.209-7005, Reserve Officer
Training Corps and Military Recruiting on Campus.
(b) Limitation on contract award. Except as provided in paragraph
(c) of this provision, an institution of higher education is ineligible
for contract award if the Secretary of Defense determines that the
institution has a current policy or practice (regardless of when
implemented) that prohibits or in effect prevents--
(1) The Secretary of a military department from maintaining,
establishing, or operating a unit of the Senior Reserve Officer
Training Corps (ROTC) (in accordance with 10 U.S.C. 654 and other
applicable Federal laws) at that institution;
(2) A student at that institution from enrolling in a unit of the
Senior ROTC at another institution of higher education;
(3) The Secretary of a military department or the Secretary of
Transportation from gaining entry to campuses, or access to students
(who are 17 years of age or older) on campuses, for purposes of
military recruiting; or
(4) Military recruiters from accessing, for purposes of military
recruiting, the following information pertaining to students (who are
17 years of age or older) enrolled at that institution:
(i) Name.
(ii) Address.
(iii) Telephone number.
(iv) Date and place of birth.
(v) Educational level.
(vi) Academic major.
(vii) Degrees received.
(viii) Most recent educational institution enrollment.
[[Page 71925]]
(c) Exception. The limitation in paragraph (b) of this provision
does not apply to an institution of higher education if the Secretary
of Defense determines that the institution has a long-standing policy
of pacifism based on historical religious affiliation.
(d) Representation. By submission of its offer, the offeror
represents that the institution does not have any policy or practice
described in paragraph (b) of this clause, unless the Secretary of
Defense has determined that the institution has a long-standing policy
of pacifism based on historical religious affiliation.
(End of provision)
8. Amend section 252.209-7005 by--
(a) Amending the introductory text by removing ``209.470-4'' and
adding in its place ``209.470-4(b)'';
(b) Amending the clause date by removing ``(Jan 2000)'' and adding
in its place ``(Date)'';
(c) Revising introductory text of paragraph (b);
(d) Removing paragraph (d);
(e) Redesignating paragraph (e) as paragraph (d); and
(f) Revising the introductory text of the newly redesignated
paragraph (d).
The revisions read as follows:
252.209-7005 Reserve Officer Training Corps and Military Recruiting on
Campus.
* * * * *
(b) Limitation. Except as provided in paragraph (c) of this clause,
the Contractor shall not, during performance of this contract, have any
policy or practice that prohibits or in effect prevents--
* * * * *
(d) Notwithstanding any other clause of this contract, if the
Secretary of Defense determines that the Contractor misrepresented its
policies and practices at the time of contract award or has violated
the prohibition in paragraph (b) of this clause--
* * * * *
9. Amend section 252.216-7000 by--
(a) Amending the introductory text by removing ``216.203-4-70(a)''
and adding in its place ``216.203-4-70(a)(1)'';
(b) Amending the clause date by removing ``(Jul 1997)'' and adding
in its place ``(Date)''; and
(c) Revising paragraph (b) to read as follows:
252.216-7000 Economic Price Adjustment--Basic Steel, Aluminum, Brass,
Bronze, or Copper Mill Products.
* * * * *
(b) As represented by the Contractor in its offer, the unit price
stated for (Identify the item) is not in excess of the Contractor's
established price in effect on the date set for opening of bids (or the
contract date if this is a negotiated contract) for like quantities of
the same item. This price is the net price after applying any
applicable standard trade discounts offered by the Contractor from its
catalog, list, or schedule price.
* * * * *
10. Amend section 252.216-7003 by--
(a) Amending the introductory text by removing ``216.203-4-70(c)''
and adding in its place ``216.203-4-70(c)(1)'';
(b) Amending the clause date by removing ``(Jun 1997)'' and adding
in its place ``(Date)''; and
(c) Revising paragraph (a) to read as follows:
252.216-7003 Economic Price Adjustment--Wage Rates or Material Prices
Controlled by a Foreign Government.
* * * * *
(a) As represented by the Contractor in its offer, the prices set
forth in this contract--
(1) Are based on the wage rate(s) or material price(s) established
and controlled by the government of the country specified by the
Contractor in the solicitation; and
(2) Do not include contingency allowances to pay for possible
increases in wage rates or material prices.
* * * * *
11. Add section 252.216-70XX to read as follows:
252.216-70XX Economic Price Adjustment--Basic Steel, Aluminum, Brass,
Bronze, or Copper Mill Products--Representation.
As prescribed in 216.203-4-70(a)(2), use the following provision:
Economic Price Adjustment--Basic Steel, Aluminum, Brass, Bronze, or
Copper Mill Products--Representation (Date)
(a) Definitions. The terms established price and unit price, as
used in this provision, have the meaning given in the clause 252.216-
7000, Economic Price Adjustment--Basic Steel, Aluminum, Brass, Bronze,
or Copper Mill Products.
(b) By submission of its offer, the offeror represents that the
unit price stated in this offer for (Identify the item) is not in
excess of the offeror's established price in effect on the date set for
opening of bids (or the contract date if this is to be a negotiated
contract) for like quantities of the same item. This price is the net
price after applying any applicable standard trade discounts offered by
the offeror from its catalog, list, or schedule price.
(End of provision)
12. Add section 252.216-70YY to read as follows:
252.216-70YY Economic Price Adjustment--Wage Rates or Material Prices
Controlled by a Foreign Government--Representation.
As prescribed in 216.203-4-70(c)(2), use the following provision:
Economic Price Adjustment--Wage Rates or Material Prices Controlled
by a Foreign Government--Representation (Date)
(a) By submission of its offer, the offeror represents that the
prices set forth in this offer--
(1) Are based on the wage rate(s) or material price(s) established
and controlled by the government of
-----------------------------------------------------------------------
(Offeror insert name of host country);
and
(2) Do not include contingency allowances to pay for possible
increases in wage rates or material prices.
(End of provision)
13. Amend section 252.229-7003 by--
(a) Amending the introductory text by removing ``229.402-70(c)''
and adding in its place ``229.402-70(c)(1)'';
(b) Amending the clause date by removing ``(Jan 2002)'' and adding
in its place ``(Date)''; and
(c) Revising paragraph (a) to read as follows:
252.229-7003 Tax Exemptions (Italy).
* * * * *
(a) As the Contractor represented in its offer, the contract price,
including the prices in subcontracts awarded under this contract, does
not include taxes from which the United States Government is exempt.
* * * * *
14. Amend section 252.229-7005 by--
(a) Amending the introductory text by removing ``229.402-70(e)''
and adding in its place ``229.402-70(e)(1)'';
(b) Amending the clause date by removing ``(Jun 1997)'' and adding
in its place ``(Date)''; and
(c) Revising paragraph (a) to read as follows:
[[Page 71926]]
252.229-7005 Tax Exemptions (Spain).
* * * * *
(a) As the Contractor represented in its offer, the contract
prices, including subcontract prices, does not include the taxes
identified herein, or any other taxes from which the United States
Government is exempt.
* * * * *
15. Add section 252.229-70XX to read as follows:
252.229-70XX Tax Exemptions (Italy)--Representation.
As prescribed in 229.402-70(c)(2), use the following provision:
Tax Exemptions (Italy)--Representation (Date)
(a) Exemptions. The United States Government is exempt from payment
of--
(1) Imposta Valore Aggiunto (IVA) tax in accordance with Article 72
of the IVA implementing decree on all supplies and services sold to
United States Military Commands in Italy; and
(2) The other taxes specified in paragraph (c) of the clause DFARS
252.229-7003, Tax Exemptions (Italy).
(b) Representation. By submission of its offer, the offeror
represents that the offered price, including the prices of subcontracts
to be awarded under the contract, does not include the taxes identified
herein, or any other taxes from which the United States Government is
exempt.
(End of provision)
16. Add section 252.229-70YY to read as follows:
252.229-70YY Tax Exemptions (Spain)--Representation.
As prescribed in 229.402-70(e)(2), use the following clause:
Tax Exemptions (Spain)--Representation (Date)
(a) Exemptions. In accordance with tax relief agreements between
the United States Government and the Spanish Government, and because
the resultant contract arises from the activities of the United States
Forces in Spain, the contract will be exempt from the excise, luxury,
and transaction taxes listed in paragraph (b) of the clause DFARS
252.229-7005, Tax Exemptions (Spain).
(b) Representation. By submission of its offer, the offeror
represents that the offered price, including the prices of subcontracts
to be awarded under the contract, does not include the taxes identified
herein, or any other taxes from which the United States Government is
exempt.
(End of provision)
[FR Doc. 2011-29857 Filed 11-18-11; 8:45 am]
BILLING CODE 5001-06-P
