Federal Acquisition Regulation; Review of FAR Representations

Federal RegisterMay 7, 1998

Ask Donna

What actually matters in this document.

Text

SUMMARY: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council are proposing to amend the Federal

Acquisition Regulation (FAR) to remove or reduce certain requirements

for representations and other statements from offerors and contractors.

This regulatory action was not subject to Office of Management and

Budget review under Executive Order 12866, dated September 30, 1993.

This is not a major rule under 5 U.S.C. 804.

DATES: Comments should be submitted on or before July 6, 1998, to be

considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to:

General Services Administration, FAR Secretariat (MVRS), 1800 F Street,

NW, Room 4035, Washington, DC 20405.

E-mail comments submitted over Internet should be addressed to:

[email protected].

Please cite FAR case 96-013 in all correspondence related to this

case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405, (202) 501-4755 for information

pertaining to status or publication schedules. For clarification of

content, contact Mr. Paul Linfield, Procurement Analyst, at (202) 501-

1757. Please cite FAR case 96-013.

SUPPLEMENTARY INFORMATION:

A. Background

This case was initiated in response to requests from industry to

eliminate representations required by the FAR that place an unnecessary

burden on offerors or contractors. This case proposes to--

1. Delete the clause at 52.214-17, Affiliated bidders.

2. Reduce the information collection requirements associated with

the clauses at 52.204-5, Women-Owned Business; 52.212-3, Offeror

Representations and Certifications--Commercial Items; 52.214-21,

Descriptive Literature; and 52.241-1, Electric Service Territory

Compliance Representation; and

3. Reduce the level of affirmation or substitute a contract

requirement in the clauses at 52.216-2, Economic Price Adjustment--

Standard Supplies; 52.216-3, Economic Price Adjustment--Semistandard

Supplies; 52.222-43, Fair Labor Standards Act and Service Contracts

Act--Price Adjustment (Multiple Year and Option Contracts); 52.222-44,

Fair Labor Standards Act and Service Contract Act--Price Adjustment;

52.225-10, Duty-Free Entry; 52.226-1, Utilization of Indian

Organizations and Indian-Owned Economic Enterprises; 52.227-15,

Representation of Limited Rights Data and Restricted Computer Software;

52.228-8, Liability and Insurance--Leased Motor Vehicles; 52.228-9,

Cargo Insurance; 52.229-3, Federal, State and Local Taxes; and 52.232-

12, Advance Payments.

B. Regulatory Flexibility Act

This proposed rule is not expected to have a significant economic

impact on a substantial number of small entities within the meaning of

the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. While it is

expected to reduce the administrative burden associated with

representation requirements, it does not significantly alter the type

of information to be provided to the Government under the amended

provisions and clauses. An Initial Regulatory Flexibility Analysis has,

therefore, not been performed. Comments from small entities concerning

the affected FAR subpart will be considered in accordance with 5 U.S.C.

610 of the Act. Such comments must be submitted separately and should

cite 5 U.S.C. 601, et seq. (FAR case 96-013), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act (44 U.S.C. 3501, et seq.) is deemed to

apply because this proposed rule contains information collection

requirements that will result in the reduction of approximately 119,150

hours as stated and approved under the following Office of Management

and Budget (OMB) Control Numbers:

9000-0018, Certification of Independent Price Determination and

Parent Company and Identifying Data (Deletion of 52.214-17, Affiliated

Bidders.) Public reporting burden for this collection of information is

estimated to average 0.1 hours per response, including the time for

reviewing instruction, searching existing data sources, gathering and

maintaining the data needed, and completing and reviewing the

collection of information.

The annual reporting burden is estimated as follows:

------------------------------------------------------------------------

Preparation Total

Respondents Responses per Total annual hours per response

respondent responses responses burden hours

------------------------------------------------------------------------

64,250....... 20 1,285,000 .01 12,850

------------------------------------------------------------------------

9000-0039, Descriptive Literature (Revision of 52.214-21,

Descriptive Literature). Public reporting burden for this collection of

information is estimated to average .157 hours per response, including

the time for reviewing instruction, searching existing data sources,

gathering and maintaining the data needed, and completing and reviewing

the collection of information.

The annual reporting burden is estimated as follows:

------------------------------------------------------------------------

Preparation Total

Respondents Responses per Total annual hours per response

respondent responses responses burden hours

------------------------------------------------------------------------

3............ 2663 7989 .157 1.254

------------------------------------------------------------------------

(Revision of 52.212-3, Offeror Representations and Certifications--

Commercial Items). Public reporting burden for this collection of

information is estimated to average

[[Page 25383]]

.74 hr. per response, including the time for reviewing instruction,

searching existing data sources, gathering and maintaining the data

needed, and completing and reviewing the collection of information.

The annual reporting burden is estimated as follows:

------------------------------------------------------------------------

Preparation Total

Respondents Responses per Total annual hours per response

respondent responses responses burden hours

------------------------------------------------------------------------

500,000...... 20 10,000,000 .74 7,394,050

------------------------------------------------------------------------

(d) 9000-0126, Electric Service Territory Compliance Representation

(Revision of 52.241-1, Electric Service Territory Representations.

Reduction from 500 hours to approximately 230 hours. A notice for

public comment was published in the Federal Register at 63 FR 2218,

January 14, 1998.

(e) Although OMB Clearance Number 9000-0145, use of Data Universal

Numbering System (DUNS) as Primary Contractor Identification (FAR Case

95-307), ostensibly covers FAR clause 52.204-5, Women-Owned Business,

the estimated burdens for that clearance appear to be based on the

information collection requirements associated with use of the DUNS

number. Therefore, although revisions to 52.204-5 will significantly

reduce the number of responses required, we do not estimate any impact

on the hours approved under 9000-0145.

Accordingly, a request for review of a revised information

collection requirement concerning the OMB clearance numbers noted above

were submitted to the Office of Management and Budget under 44 U.S.C.

3501, et seq.

D. Request for Comments Regarding Paperwork Burden

Members of the public are invited to comment on the recordkeeping

and information collection requirements and estimates set forth above.

Please send comments to: Office of Information and Regulatory Affairs,

Office of Management and Budget, Attention: Mr. Peter N. Weiss, FAR

Desk Officer, New Executive Office Building, Room 10102, 725 17th

Street, NW. Washington, DC 20503.

Also send a copy of any comments to the FAR Secretariat at the

address shown under ADDRESSES. Please cite the corresponding OMB

Clearance Number in all correspondence related to the estimate.

List of Subjects in 48 CFR Parts 1, 4, 12, 14, 19, 26, 27, 32, 41,

and 52

Government procurement.

Dated: May 1, 1998.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, it is proposed that 48 CFR Parts 1, 4, 12, 14, 19, 26,

27, 32, 41, and 52 be amended as set forth below:

1. The authority citation for 48 CFR Parts 1, 4, 12, 14, 19, 26,

27, 32, 41, and 52 continues to read as follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42

U.S.C. 2473(c).

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM

2. Section 1.106 is amended in the table following the introductory

paragraph by removing the FAR segment ``52.214-17'' and its

corresponding OMB Control Number ``9000-0018''; and by adding, in

numerical order, the following entries:

1.106 OMB Approval under the Paperwork Reduction Act.

------------------------------------------------------------------------

OMB control

FAR segment No.

------------------------------------------------------------------------

52.212-3................................................... 9000-0136

* * * * *

52.241-1................................................... 9000-0126

* * * * *

------------------------------------------------------------------------

PART 4--ADMINISTRATIVE MATTERS

3. Section 4.603 is amended by revising paragraph (b) to read as

follows:

4.603 Solicitation provisions.

* * * * *

(b) The contracting officer shall insert the provision at 52.204-5,

Women-Owned Business (Other Than Small Business), in all solicitations

that are not set aside for small business concerns and that exceed the

simplified acquisition threshold, when the contract is to be performed

inside the United States, its territories or possessions, Puerto Rico,

the Trust Territory of the Pacific Islands, or the District of

Columbia.

* * * * *

PART 12--ACQUISITION OF COMMERCIAL ITEMS

4. Section 12.503 is amended by revising paragraph (b)(5) to read

as follows:

12.503 Applicability of certain laws to Executive agency contracts for

the acquisition of commercial items.

* * * * *

(b) * * *

(5) 49 U.S.C. 40118, Requirement for a clause under the Fly

American provisions (see 47.405).

* * * * *

PART 14--SEALED BIDDING

14.201-6 [Amended]

5. Section 14.201-6 is amended by removing and reserving paragraph

(k).

14.405 [Amended]

6. Section 14.405 is amended in paragraph (d)(2) by inserting the

word ``and'' at the end; by removing paragraph (e) and redesignating

paragraph (f) as (e).

PART 19--SMALL BUSINESS PROGRAMS

7. Section 19.703 is amended by revising the last sentence of

paragraph (b) to read as follows:

19.703 Eligibility requirements for participating in the program.

* * * * *

(b) * * * Protests challenging a subcontractor's representation of

its status as a women-owned small business concern shall be filed in

accordance with Small Business Administration procedures.

* * * * *

PART 26--OTHER SOCIOECONOMIC PROGRAMS

26.103 [Amended]

8. Section 26.103 is amended in paragraphs (a), (b), and (e) by

removing ``self-certification'' and inserting ``representation''.

PART 27--PATENTS, DATA, AND COPYRIGHTS

9. Section 27.404 is amended by revising the first and second

sentences

[[Page 25384]]

of paragraphs (d)(2) and of (e)(3) to read as follows:

27.404 Basic rights in data clause.

(d) * * *

(2) As an aid in determining whether the clause at 52.227-14 should

be used with its Alternate II, the provision at 52.227-15, Statement of

Limited Rights Data and Restricted Computer Software, may be included

in any solicitation containing the clause at 52.227-14, Rights in

Data--General. This provision requests that an offeror state in

response to a solicitation, to the extent feasible, whether limited

rights data are likely to be used in meeting the data delivery

requirements set forth in the solicitation. * * *

* * * * *

(e) * * *

(3) As an aid in determining whether the clause should be used with

its Alternate III, the provision at 52.227-15, Statement of Limited

Rights Data and Restricted Computer Software, may be included in any

solicitation containing the clause at 52.227-14, Rights in Data--

General. This provision requests that an offeror state, in response to

a solicitation, to the extent feasible, whether restricted computer

software is likely to be sued in meeting the data delivery requirements

set forth in the solicitation. * * *

* * * * *

10. Section 27.409 is amended by revising the first sentence of

paragraph (g) to read as follows:

27.409 Solicitation provisions and contract clauses.

* * * * *

(g) In accordance with 27.404(d)(2), if the contracting officer

desires to have an offeror state in response to a solicitation, to the

extent feasible, whether limited rights data or restricted computer

software are likely to be sued in meeting the data delivery

requirements set forth in the solicitation, the contracting officer

shall insert the provision at 52.227-15, Statement of Limited Rights

Data and Restricted Computer Software, in any solicitation containing

the clause at 52.227-14, Rights in Data--General. * * *

* * * * *

PART 32--CONTRACT FINANCING

11. Section 32.805 is amended by revising the introductory text of

paragraph (a)(1), and paragraphs (a)(2) and (a)(3) to read as follows:

32.805 Procedure.

(a) Assigments. (1) Assignments by corporations shall be--

* * * * *

(2) Assignments by a partnership may be signed by one partner, if

the assignment is accompanied by adequate evidence that the signer is a

general partner of the partnership and is authorized to execute

assignments on behalf on the partnership.

(3) Assignments by an individual must be signed by that individual

and the signature acknowledged before a notary public or other person

authorized to administer oaths.

* * * * *

PART 41--ACQUISITION OF UTILITY SERVICES

12. Section 41.201 is amended by revising the last two sentences of

paragraph (e) to read as follows:

41.201 Policy.

* * * * *

(e) * * * Proposals from alternative electric suppliers must

provide a representation that service can be provided in a manner

consistent with section 8093 of Public Law 100-202 (see 41.201(d)).

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

13. Section 52.204-5 is revised to read as follows:

52.204-5 Women-Owned Business (Other Than Small Business).

As prescribed in 4.603(b), insert the following provision:

Women-Owned Business (Other Than Small Business) (Date)

(a) Definition. women-owned business concern, as used in this

provision, means a concern which is at least 51 percent owned by one

or more women; or in the case of any publicly owned business, at

least 51 percent of the stock of which is owned by one or more

women; and whose management and daily business operations are

controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-

owned business concern and has not represented itself as a small

business concern in paragraph (b)(1) of FAR 52.219-1, Small Business

Program Representations, of this solicitation.] The offeror

represents that it is a women-owned business concern.

(End of provision)

14. Section 52.212-3 is amended by revising the date of the

provision, and paragraphs (c)(2), (c)(3), and (c)(4) to read as

follows:

52.212-3 Offeror Representations and Certifications--Commercial Items.

* * * * *

Offeror Representations and Certifications--Commercial Items (Date)

* * * * *

(2) Small disadvantaged business concern. [Complete only if the

offeror represented itself as a small business concern in paragraph

(c)(1) of this provision.] The offeror represents that it is, is not

a small disadvantaged business concern.

(3) Women-owned small business concern. [Complete only if the

offeror represented itself as a small business concern in paragraph

(c)(1) of this provision.] The offeror represents that it is, is not

a women-owned small business concern.

* * * * *

(4) Women-owned business concern (other than small business

concern). [Complete only if the offeror is a women-owned business

concern and did not represent itself as a small business concern in

paragraph (c)(1) of this provision.] The offeror represents that it

is a women-owned business concern.

* * * * *

52.214-17 [Reserved]

15. Section 52.214-17 is removed and reserved.

16. Section 52.214-21 is amended by revising the introductory text

of the provision; and by revising the date, introductory text, and

paragraph (d) of Alternate I to read as follows:

52.214-21 Descriptive Literature.

As prescribed in 14.201-6(p)(1), insert the following provision:

* * * * *

Alternate I (DATE). As prescribed in 14.201-6(p)(2), add the

following paragraphs (d) and (e) to the basic provision.

(d) The Contracting Officer may waive the requirement for

furnishing descriptive literature if the bidder has supplied a

product the same as that required by this solicitation under a prior

contract. A bidder that requests a waiver of this requirement shall

provide the following information.

Prior contract number

Date of prior contract-------------------------------------------------

Contract line item number of product supplied ________

Name and address of Government activity to which delivery was made

----------------------------------------------------------------------

Date of final delivery of product supplied

----------------------------------------------------------------------

* * * * *

17. Section 52.216-2 is amended by revising the clause date and the

first sentence of paragraph (a) to read as follows:

52.216-2 Economic Price Adjustment--Standard Supplies.

* * * * *

Economic Price Adjustment--Standard Supplies (Date)

(a) The Contractor states that the unit price in the Schedule

for ________ [offeror insert

[[Page 25385]]

Schedule line item number] is not in excess of the Contractor's

applicable established price in effect on the contract date for like

quantities of the same item. * * *

* * * * *

18. Section 52.216-3 is amended by revising the clause date and

paragraph (a) to read as follows:

52.216-3 Economic Price Adjustment--Semistandard Supplies.

* * * * *

Economic Price Adjustment--Semistandard Supplies (Date)

(a) The contractor states that the supplies identified as line

items ________ [offeror insert Schedule line item number] in the

Schedule are, except for modifications required by the contract

specifications, supplies for which it has an established price. The

term ``established price'' means a price that (1) is an established

catalog or market price for a commercial item sold in substantial

quantities to the general public, and (2) is the net price after

applying any standard trade discounts offered by the Contractor. The

Contractor further states that, as of the date of this contract, any

difference between the unit prices in the contract for these line

items and the Contractor's established prices for like quantities of

the nearest commercial equivalents are due to compliance with

contract specifications and with any contract requirements for

preservation, packaging, and packing beyond standard commercial

practice.

* * * * *

19. Section 52.219-1 is amended by revising the provision date, and

the introductory text of paragraph (d)(2) to read as follows:

52.219-1 Small Business Program Representations.

* * * * *

Small Business Program Representations (Date)

* * * * *

(d) * * *

(2) Under 15 U.S.C. 645(d), any person who misrepresents a

firm's status as a small, small disadvantaged, or women-owned small

business concern in order to obtain a contract to be awarded under

the preference programs established pursuant to section 8(a), 8(d),

9, or 15 of the Small Business Act or any other provision of Federal

law that specifically references section 8(d) for a definition of

program eligibility, shall--

* * * * *

52.219-21 [Amended]

20. Section 52.219-21 is amended by revising the provision date to

read ``(Date)''; and by removing the statement ``Offeror represents as

follows:'', which follows the first parenthetical.

52.222-43 [Amended]

21. Section 52.222-43 is amended by revising the date of the clause

to ``read ``(Date)''; and in paragraph (b) by removing ``warrants'' and

inserting ``states''.

52.222-44 [Amended]

22. Section 52.222-44 is amended by revising the date of the clause

to read ``(Date)''; and in paragraph (b) by removing ``warrants'' and

inserting ``states''.

23. Section 52.225-10 is amended by revising the introductory

paragraph, the date of the clause, and paragraph (d); in paragraphs

(g), (h), and (i), by removing ``agrees to'' and inserting ``shall''.

The revised text reads as follows:

52.225-10 Duty-Free Entry.

As prescribed in 25.605, insert the following clause. When used in

contracts of $100,000 or less, paragraphs (b)(1) and (i)(2) shall be

modified to reduce the dollar figure.

* * * * *

Duty-Free Entry (Date)

* * * * *

(d) The Contractor shall--

(1) Claim duty-free entry only for supplies that are intended to

be delivered to the Government or incorporated into the end items to

be delivered under this contract; and

(2) Pay duty to the extent that these supplies, or any portion

of them, are diverted to non-Governmental use, other than as scrap

or salvage or as a result of a competitive sale authorized by the

Contracting Officer.

* * * * *

24. Section 52.226-1 is amended by revising the clause date and the

first two sentences of paragraph (c)(1) to read as follows:

52.226-1 Utilization of Indian Organizations and Indian-Owned Economic

Enterprises.

* * * * *

Utilization of Indian Organizations and Indian-Owned Economic

Enterprises (Date)

* * * * *

faith, may rely on the representation of an Indian organization or

Indian-owned economic enterprise as to its eligibility, unless an

interested party challenges its status or the Contracting Officer

has independent reason to question that status. In the event of a

challenge to the representation of a subscontractor, the Contracting

Officer shall refer the matter to the U.S. Department of the

Interior, Bureau of Indian Affairs (BIA), Attn: Chief, Division of

Contracting and Grants Administration, 1849 C Street, NW., MS-334A-

SIB, Washington, DC 20245. * * *

* * * * *

25. Section 52.227-15 is revised to read as follows:

52.227-15 Statement of Limited Rights Data and Restricted Computer

Software.

As prescribed in 27.409(b), insert the following provision:

Statement of Limited Rights Data and Restricted Computer Software

(Date)

(a) This solicitation sets forth the work to be performed if a

contract award results, and the Government's known delivery

requirements for data (as defined in FAR 27.401). Any resulting

contract may also provide the Government the option to order

additional data under the Additional data Requirements clause at

52.227-16 of the FAR, if included in the contract. Any data

delivered under the resulting contract will be subject to the Rights

in Data-General clause at 52.227-14 that is to be included in this

contract. Under the latter clause, a contractor may withhold from

delivery data that qualify as limited rights data or restricted

computer software, and deliver form, fit, and function data in lieu

thereof. The latter clause also may be used with its alternates II

and/or III to obtain delivery of limited rights data or restricted

computer software, marked with limited rights or restricted rights

notices, as appropriate. In addition, use of alternate V with this

latter clause provides the Government the right to inspect such data

at the Contractor's facility.

(b) As an aid in determining the Governments's need to include

Alternate II or Alternate III in the clause at 52.227-14, Rights in

Data--General, the offeror shall complete paragraph (c) of this

provision to either state that none of the data qualify as limited

rights data or restricted computer software, or identify, to the

extent feasible, which of the data qualifies as limited rights data

or restricted computer software. Any identification of limited

rights data or restricted computer software in the offeror's

response is not determinative of the status of such data should a

contract be awarded to the offeror.

of data or software and states [offeror check appropriate block]--

None of the data proposed for fulfilling such requirements

qualifies as limited rights data or restricted computer software.

Data proposed for fulfilling such requirements qualify as

limited rights data or restricted computer software and are

identified as follows:

-----------------------------------------------------------------------

----------------------------------------------------------------------

-----------------------------------------------------------------------

Note: ``Limited rights data'' and ``Restricted computer

software'' are defined in the contract clauses entitled ``Rights in

Data-General''.

26. Section 52.228-8 is amended by revising the introductory

paragraph, the data and paragraph (e) of the clause to read as follows:

52.228-8 Liability and Insurance--Leased Motor Vehicles.

As prescribed in 28.312, insert the following clause:

Liability and Insurance-Leased Motor Vehicles (Date)

* * * * *

[[Page 25386]]

(e) The contract price shall not include any cost for insurance

or contingency to cover losses, damage, injury, or death for which

the Government is responsible under paragraph (a) of this clause.

(End of clause)

27. Section 52.228-9 is revised to read as follows:

52.227-9 Cargo Insurance

As prescribed in 28.313(a), insert the following clause:

Cargo Insurance (Date)

(a) The Contractor, at the Contractor's expense, shall provide

and maintain, during the continuance of this contract, cargo

insurance of $________ per vehicle to cover the value of property on

each vehicle and of $________ to cover the total value of the

property in the shipment.

(b) All insurance shall be written on companies acceptable to

________ [insert name of contracting agency], and policies shall

include such terms and conditions as required by ________ [insert

name of contracting agency] before commencing operations under this

contract.

statement:

``It is a condition of this policy that the Company shall

furnish--

(1) Written notice to ________ [insert name and address of

contracting agency], 30 days in advance of the effective date of any

reduction in, or cancellation of, this policy; and

(2) Evidence of any renewal policy to the address specified in

paragraph (a) of this statement, not less than 15 days prior to the

expiration of any current policy on file with ________ [insert name

of contracting agency]. ''

(End of clause)

52.229-3 [Amended]

28. Section 52.229-3 is amended by revising the date of the clause

to read ``(DATE)''; and in paragraph (c) by removing ``warrants'' and

inserting ``states''

29. Section 52.232-12 is amended--

(a) By revising the introductory text, the date, paragraph (j) and

the introductory text of paragraph (o) of the clause;

(b) In paragraph (o)(8) by removing ``representations and'';

(d) The date, paragraph (g), the introductory text of paragraph

(l), and paragraph (l)(8) of the clause following Alternate V.

The revised text reads as follows:

52.232-12 Advance Payments.

As prescribed in 32.412(a), insert the following clause:

Advance Payments (Date)

* * * * *

(j) Insurance. The Contractor shall maintain with responsible

insurance carriers (1) insurance on plant and equipment against fire

and other hazards, to the extent that similar properties are usually

insured by others operating plants and properties of similar

character in the same general locality; (2) adequate insurance

against liability on account of damage to persons or property; and

(3) adequate insurance under all applicable workers' compensation

laws. Until work under this contract has been completed and all

advance payment made under the contract have been liquidated, the

Contractor shall maintain this insurance; maintain adequate

insurance on any materials, parts, assemblies, subassemblies,

supplies, equipment, and other property acquired for or allocable to

this contract and subject to the Government lien under paragraph (i)

of this clause; and furnish any evidence with respect to its

insurance that the administering office may require.

* * * * *

(o) Warranties. The Contractor warrants the following:

* * * * *

Alternate V (Date). * * *

* * * * *

Advance Payment Without Special Bank Account (Date)

* * * * *

(g) Insurance. The Contractor shall maintain with responsible

insurance carriers (1) insurance on plant and equipment against fire

and other hazards, to the extent that similar properties are usually

insured by others operating plants and properties of similar

character in the same general locality; (2) adequate insurance

against liability on account of damage to persons or property; and

(3) adequate insurance under all applicable workers' compensation

laws. Until work under this contract has been completed and all

advance payments made under the contract have been liquidated, the

Contractor shall maintain this insurance; maintain adequate

insurance on any materials, parts, assemblies, subassemblies,

supplies, equipment, and other property acquired for or allocable to

this contract and subject to the Government lien under paragraph (f)

of this clause; and furnish any evidence with respect to its

insurance that the administering office may require.

* * * * *

(1) Warranties. The Contractor warrants the following:

* * * * *

(8) These warranties shall be continuing and shall be considered

to have been repeated by the submission of each invoice for advance

payments.

* * * * *

30. Section 52.241-1 is revised to read as follows:

52.241-1 Electric Service Territory Compliance Representation.

As prescribed in 41.501(b), insert a provision substantially the

same as the following:

Electric Service Territory Compliance Representation (Date)

(a) Section 8093 of Public Law 100-200 generally requires

purchases of electricity by any department, agency, or

instrumentality of the United States to be consistent with State law

governing the provision of electric utility service, including State

utility commission rulings and electric utility franchises or

service territories established pursuant to State statute, State

regulation, or State-approved territorial agreements.

(b) By signing this offer, the offeror represents that this

offer to sell electricity is consistent with Section 8093 of Public

Law 100-202.

submit support legal and factual rationale for this representation.

(End of provision)

31. Section 52.247-63 is amended by revising the date and paragraph

52.247-63 Preference for U.S.-Flag Air Carriers.

* * * * *

Preference for U.S.-Flag Air Carriers (Date)

* * * * *

use U.S.-flag air carriers for international air transportation of

personnel (and their personal effects) or property to the extent

that service by those carriers is available.

* * * * *

[FR Doc. 98-2096 Filed 5-6-98; 8:45 am]

BILLING CODE 6820-EP-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.