19128 Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations 

overseas for reasons of safety and 

security and will allow personnel to 

move to work locations necessary to 

achieve the mission of the United States 

military worldwide, including support 

of overseas contingency operations. 

However, pursuant to 41 U.S.C. 1707 

and FAR 1.501–3(b), DoD will consider 

public comments received in response 

to this interim rule in the formation of 

the final rule. 

List of Subjects in 48 CFR Parts 201 and 

212 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 201 and 212 

are amended as follows: 

PART 201—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

■ 1. The authority citation for 48 CFR 

part 201 is revised to read as follows: 

Authority: 41 U.S.C. 1303 and CFR 

chapter 2. 

■ 2. Section 201.109 is amended to add 

paragraph (a) to read as follows: 

201.109 Statutory acquisition-related 

dollar thresholds-adjustment for inflation. 

(a) Section 814(b) of the National 

Defense Authorization Act for Fiscal 

Year 2012 (Pub. L. 112–81) requires that 

the threshold established in 10 U.S.C. 

2253(a)(2) for the acquisition of righthand drive passenger sedans be 

included in the list of dollar thresholds 

that are subject to adjustment for 

inflation in accordance with the 

requirements of 41 U.S.C. 1908, and is 

adjusted pursuant to such provisions, as 

appropriate. 

* * * * * 

PART 212— ACQUISITION OF 

COMMERCIAL ITEMS 

■ 3. The authority citation for 48 CFR 

part 212 continues to read as follows: 

Authority: 41 U.S.C. 1303 and CFR 

chapter 2. 

■ 4. Section 212.271 is added to subpart 

212.2 to read as follows: 

212.271 Limitation on acquisition of righthand drive passenger sedans. 

10 U.S.C. 2253(a)(2) limits the 

authority to purchase right-hand drive 

passenger sedans to a cost of not more 

than $40,000 per vehicle. 

[FR Doc. 2012–7493 Filed 3–29–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 203 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendment 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making a technical 

amendment to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to add a reference for reporting 

suspected lobbying violations. 

DATES: Effective Date: March 30, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ynette R. Shelkin, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), Room 3B855, 3060 

Defense Pentagon, Washington, DC 

20301–3060. Telephone 571–372–6089; 

facsimile 571–372–6101. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS by adding text 

at 203.806 to provide guidance to 

explain how and where to report 

violations or potential violations of the 

Lobbying Disclosure Act (31 U.S.C. 

1352). 

List of Subjects in 48 CFR Part 203 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 203 is 

amended as follows: 

PART 203—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

■ 1. The authority citation for 48 CFR 

part 203 is revised to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 2. 

■ 2. Add subpart 203.8 consisting of 

section 203.806 to read as follows: 

Subpart 203.8—Limitations on the 

Payment of Funds To Influence Federal 

Transactions 

203.806 Processing suspected violations. 

Report suspected violations to the 

address at PGI 203.8(a). 

[FR Doc. 2012–7439 Filed 3–29–12; 8:45 am] 

BILLING CODE 5001–06–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) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending 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: Effective Date: March 30, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 76 FR 71922 on 

November 21, 2011, to separate 

provisions and clauses that are currently 

combined in order to comply with 

DFARS drafting conventions. A 

provision is included only in the 

solicitation, and generally includes 

representations and certifications, to 

which the offeror responds in its offer. 

A contract clause is included in both the 

solicitation and the resultant contract, 

and provides the terms that apply 

throughout contract performance. It is 

inconsistent with DFARS drafting 

conventions to combine a provision and 

a clause in a single clause. This rule 

removes the representations from the 

following five DFARS clauses and 

creates five new provisions to be used 

in solicitations that include the 

associated clauses: 


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Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations 19129 

From DFARS clause To new provision 

252.209–7005, Reserve Officer Training Corps and Military Recruiting 

on Campus.

252.209–7003, Reserve Officer Training Corps and Military Recruiting 

on Campus—Representation. 

252.216–7000, Economic Price Adjustment—Basic Steel, Aluminum, 

Brass, Bronze, or Copper Mill Products.

252.216–7007, Economic Price Adjustment—Basic Steel, Aluminum, 

Brass, Bronze, or Copper Mill Products—Representation. 

252.216–7003, Economic Price Adjustment—Wage Rates or Material 

Prices Controlled by a Foreign Government.

252.216–7008, Economic Price Adjustment—Wage Rates or Material 

Prices Controlled by a Foreign Government—Representation. 

252.229–7003, Tax Exemptions (Italy) .................................................... 252.229–7012, Tax Exemptions (Italy)—Representation. 

252.229–7005, Tax Exemptions (Spain) .................................................. 252.229–7013, Tax Exemptions (Spain)—Representation. 

Conforming changes are also required 

to DFARS 252.204–7007, Alternate A, 

Annual Representations and 

Certifications, and the associated 

prescriptions at DFARS 204.1202(2) to 

list the new provisions in lieu of the 

current DFARS clauses. 

II. Discussion and Analysis of the 

Public Comments 

There were no public responses 

submitted that pertained to the 

proposed rule. Minor changes made to 

the proposed rule include adding new 

clause numbers and dates, edits to 

section titles as required to reflect the 

addition of new provisions, and minor 

editorial and grammatical changes to 

paragraph (a) of 252.229–7005, Tax 

Exemptions (Spain). 

III. 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. 

IV. Regulatory Flexibility Act 

DoD 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 it does not add any new 

requirements—it only reformats existing 

requirements of five clauses into 

separate provisions and clauses. 

V. 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, 48 CFR parts 204, 209, 216, 

229, and 252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 204, 209, 216, and 229 is revised 

to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

■ 2. Amend section 204.1202 by 

revising paragraphs (2)(ii), (iii), (iv), (xi), 

and (xii) to read as follows: 

204.1202 Solicitation provision. 

* * * * * 

(2) * * * 

(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) 252.216–7008, Economic Price 

Adjustment—Wage Rates or Material 

Prices Controlled by a Foreign 

Government—Representation. 

* * * * * 

(xi) 252.229–7012, Tax Exemptions 

(Italy)—Representation. 

(xii) 252.229–7013, 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. 

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 252.216–7007, 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 


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19130 Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Rules and Regulations 

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 252.216–7008, 

Economic Price Adjustment—Wage 

Rates or Material Prices Controlled by a 

Foreign Government—Representation, 

in solicitations that include the clause 

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 252.229–7012, 

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 252.229–7013, 

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. The authority citation for 48 CFR 

part 252 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

■ 7. Amend section 252.204–7007 by— 

■ a. Amending the clause date by 

removing ‘‘(NOV 2011)’’ and adding in 

its place ‘‘(MAR 2012)’’; 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) 252.216–7008, 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) 252.229–7012, Tax Exemptions 

(Italy)—Representation. Applies to 

solicitations when contract performance 

will be in Italy. 

(vi) 252.229–7013, Tax Exemptions 

(Spain)—Representation. Applies to 

solicitations when contract performance 

will be in Spain. 

* * * * * 

■ 8. 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 (MAR 

2012) 

(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. 

(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 longstanding policy of pacifism based on 

historical religious affiliation. 

(End of provision) 

■ 9. 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 ‘‘(MAR 2012)’’; 

■ 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— 

* * * * * 

■ 10. 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)’’; 


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■ b. Amending the clause date by 

removing ‘‘(JUL 1997)’’ and adding in its 

place ‘‘(MAR 2012)’’; 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 

llllllll (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. 

* * * * * 

■ 11. 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 ‘‘(MAR 2012)’’; and 

■ c. Revising paragraph (a) to read as 

follows: 

252.216–7003 Economic price adjustmentwage 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 rates or 

material prices established and 

controlled by the government of the 

country specified by the Contractor in 

its offer; and 

(2) Do not include contingency 

allowances to pay for possible increases 

in wage rates or material prices. 

* * * * * 

■ 12. Add section 252.216–7007 to read 

as follows: 

252.216–7007 Economic price 

adjustment—basic steel, aluminum, brass, 

bronze, or copper mill productsrepresentation. 

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 

(MAR 2012) 

(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 llllllll (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) 

■ 13. Add section 252.216–7008 to read 

as follows: 

252.216–7008 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 

(MAR 2012) 

(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 llllllll 

(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) 

■ 14. 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 ‘‘(MAR 2012)’’; 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. 

* * * * * 

■ 15. 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 ‘‘(MAR 2012)’’; and 

■ c. Revising paragraph (a) to read as 

follows: 

252.229–7005 Tax exemptions (Spain). 

* * * * * 

(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. 

* * * * * 

■ 16. Add section 252.229–7012 to read 

as follows: 

252.229–7012 Tax exemptions (Italy)— 

representation. 

As prescribed in 229.402–70(c)(2), use 

the following provision: 

TAX EXEMPTIONS (ITALY)— 

REPRESENTATION (MAR 2012) 

(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) 

■ 17. Add section 252.229–7013 to read 

as follows: 

252.229–7013 Tax exemptions (Spain)— 

representation. 

As prescribed in 229.402–70(e)(2), use 

the following clause: 

TAX EXEMPTIONS (SPAIN)— 

REPRESENTATION (MAR 2012) 

(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. 2012–7559 Filed 3–29–12; 8:45 am] 

BILLING CODE 5001–06–P 


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