DFARS 252.228-7006 Compliance with Spanish Laws and Insurance. Basic (Dec 1998)

As prescribed at 228.370(e), use the clause at 252.228-7006, Compliance with Spanish Laws and Insurance, in solicitations and contracts for services or construction to be performed in Spain, unless the Contractor is a Spanish concern.

COMPLIANCE WITH SPANISH LAWS AND INSURANCE (DEC 1998)

      (a)  The requirements of this clause apply only if the Contractor is not a Spanish concern.

      (b)  The Contractor shall, without additional expense to the United States Government, comply with all applicable Spanish Government laws pertaining to sanitation, traffic, security, employment of labor, and all other laws relevant to the performance of this contract.  The Contractor shall hold the United States Government harmless and free from any liability resulting from the Contractor’s failure to comply with such laws.

      (c)  The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, all workmen’s compensation, employees’ liability, bodily injury insurance, and other required insurance adequate to cover the risk assumed by the Contractor.  The Contractor shall indemnify and hold harmless the United States Government from liability resulting from all claims for damages as a result of death or injury to personnel or damage to real or personal property related to the performance of this contract.

      (d)  The Contractor agrees to represent in writing to the Contracting Officer, prior to commencement of work and not later than 15 days after the date of the Notice to Proceed, that the Contractor has obtained the required types of insurance in the following minimum amounts.  The representation also shall state that the Contractor will promptly notify the Contracting Officer of any notice of cancellation of insurance or material change in insurance coverage that could affect the United States Government’s interests.

Type of Insurance

Coverage per Person

Coverage per Accident

Property Damage

Comprehensive General Liability

$300,000

$1,000,000

$100,000

      (e)  The Contractor shall provide the Contracting Officer with a similar representation for all subcontracts with non-Spanish concerns that will perform work in Spain under this contract.

      (f)  Insurance policies required herein shall be purchased from Spanish insurance companies or other insurance companies legally authorized to conduct business in Spain.  Such policies shall conform to Spanish laws and regulations and shall--

              (1)  Contain provisions requiring submission to Spanish law and jurisdiction of any problem that may arise with regard to the interpretation or application of the clauses and conditions of the insurance policy;

              (2)  Contain a provision authorizing the insurance company, as subrogee of the insured entity, to assume and attend to directly, with respect to any person damaged, the legal consequences arising from the occurrence of such damages;

              (3)  Contain a provision worded as follows:  “The insurance company waives any right of subrogation against the United States of America that may arise by reason of any payment under this policy.”;

              (4)  Not contain any deductible amount or similar limitation; and

              (5)  Not contain any provisions requiring submission to any type of arbitration.

(End of clause)

NONE
Prime’s Interest;
Supplies ✖ Domestic ✖ 

52.212-4 Contract Terms and Conditions—Commercial Items.

52.227-17 Rights in Data—Special Works.

52.227-18 Rights in Data—Existing Works.

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

52.227-3 Patent Indemnity.

52.227-4 Patent Indemnity—Construction Contracts.

52.227-5 Waiver of Indemnity.

52.228-8 Liability and Insurance—Leased Motor Vehicles.

52.236-10 Operations and Storage Areas.

52.237-7 Indemnification and Medical Liability Insurance.

52.247-21 Contractor Liability for Personal Injury and/or Property Damage.

52.247-23 Contractor Liability for Loss of and/or Damage to Household Goods.

52.250-1 Indemnification Under Public Law 85-804.

252.204-7013 Limitations on the Use or Disclosure of Information by Litigation Support Offerors.

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

252.217-7012 Liability and Insurance.

252.222-7002 Compliance with Local Labor Laws (Overseas).

252.227-7001 Release of Past Infringement.

252.227-7020 Rights in Special Works.

252.227-7021 Rights in Data--Existing Works.

252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

252.235-7000 Indemnification Under 10 U.S.C. 2354--Fixed Price.

252.235-7001 Indemnification Under 10 U.S.C. 2354--Cost Reimbursement.

252.237-7014 Loss or Damage (Count-of-Articles).

252.237-7015 Loss or Damage (Weight of Articles).

252.247-7016 Contractor Liability for Loss or Damage.

1852.227-86 Commercial Computer Software--Licensing.

1852.227-88 Government-furnished computer software and related technical data.

1852.245-72 Liability for Government property furnished for repair or other services.

3052.217-95 Liability and insurance (USCG).

3052.228-93 Risk and indemnities (USCG).

5352.228-9101 Insurance Certificate Requirement in Spain (USAFE)

5152.228-5900 Government Liability for Non-Tactical Vehicles

552.232-78 Commercial Supplier Agreements –Unenforceable Clauses.

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