Cross-Waiver of Liability Clauses
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Source: | Federal Information & News Dispatch, Inc. |
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SUMMARY:
DATES: Interested parties should submit comments on or before
ADDRESSES: Interested parties may submit comments, identified by RIN number 2700-AD55, via the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments may also be submitted to
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION: These proposed changes to the NFS are being made to align contract clauses with the regulatory authority established by the final rule published at 73 FR 10143-50, dated
A. Background
B. Executive Orders 13563 and 12866
Executive Orders 13563 and 12866 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). Executive Order 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 Executive Order 12866, Regulatory Planning and Review dated
C. Regulatory Flexibility Act
D. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 104-13) is not applicable because the NFS changes do not impose information collection requirements that require the approval of the
List of Subjects in 48 CFR Parts 1812, 1828, and 1852
Government procurement.
Assistant Administrator for Procurement.
Accordingly, 48 CFR parts 1812, 1828, and 1852 are proposed to be amended as follows:
1. The authority citation for 48 CFR parts 1812, 1828, and 1852 continues to read as follows:
Authority: 42 U.S.C. 2455(a), 2473(c)(1).
PART 1812--ACQUISITION OF COMMERCIAL ITEMS
2. In section 1812.301, paragraph (f)(i)(K) is removed and reserved, and paragraphs (f)(i)(L) and (f)(i)(M) are revised to read as follows:
1812.301 Solicitation provisions and contract clauses for the acquisition of commercial items. (
(f)(i) * * *
(L) 1852.228-76, Cross-Waiver of Liability for International Space Station Activities.
(M) 1852.228-78, Cross-Waiver of Liability for Science or Space Exploration Activities unrelated to the
* * * * *
PART 1828--BONDS AND INSURANCE
3. Section 1828.371 is revised to read as follows:
1828.371 Clauses incorporating cross-waivers of liability for
(a) In contracts covering
(b) The contracting officer shall insert the clause at 1852.228-78, Cross-Waiver of Liability for Science or Space Exploration Activities unrelated to the
(c) The contracting officer shall insert the clause at 1852.228-76, Cross-Waiver of Liability for International Space Station Activities, in solicitations and contracts above the simplified acquisition threshold when the work to be performed involves Protected Space Operations, as that term is defined in the clause, relating to the
(d) At the contracting officer's discretion, the clauses prescribed by paragraphs (b) and (c) of this section may be used in solicitations, contracts, new work modifications, or extensions to existing contracts under the simplified acquisition threshold involving science or space exploration activities unrelated to the International Space Station, or International Space Station activities, respectively, in appropriate circumstances. Examples of such circumstances are when the value of contractor property on a Government installation used in performance of the contract is significant, or when it is likely that the contractor or subcontractor will have its valuable property exposed to risk or damage caused by other participants in the science or space exploration activities unrelated to the International Space Station, or International Space Station activities.
--This is a summary of a
Proposed rule.
CFR Part: "48 CFR Parts 1812, 1828, and 1852"
RIN Number: "RIN 2700-AD55"
Citation: "76 FR 25657"
Federal Register Page Number: "25657"
"Proposed Rules"
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