47.405 Contract clauses
Source: FAR 47.405 on acquisition.gov
FAR 47.405 mandates specific clauses for U.S.-flag air carrier preference and anti-human trafficking training in applicable air transportation contracts, with clear exceptions for commercial products, simplified acquisitions, and certain agencies.
Overview
FAR 47.405 outlines the mandatory contract clauses that must be included in solicitations and contracts involving U.S. Government-financed international air transportation. It specifies when to use the clause for preference for U.S.-flag air carriers and when to require reporting on anti-human trafficking training by U.S.-flag air carriers. The section also details exceptions based on contract type, acquisition procedures, and agency involvement.
Key Rules
- Preference for U.S.-Flag Air Carriers (52.247-63)
- Must be included in contracts where international air transportation of personnel or property is possible, except for contracts using simplified acquisition procedures (Part 13) or for commercial products (Part 12).
- Reporting Requirement for U.S.-Flag Air Carriers (52.247-69)
- Required in contracts with U.S.-flag air carriers for passenger transportation, except for Department of Defense contracts or contracts for commercial products.
Responsibilities
- Contracting Officers: Ensure the correct clauses are inserted based on contract type and agency.
- Contractors: Comply with the requirements of the inserted clauses, including preference for U.S.-flag carriers and reporting on anti-human trafficking training if applicable.
- Agencies: Oversee compliance with clause inclusion and monitor contractor adherence.
Practical Implications
- Ensures U.S.-flag air carriers are prioritized for government-financed international air transport, supporting U.S. industry and policy.
- Promotes anti-human trafficking awareness and training among U.S.-flag air carriers.
- Contractors must be vigilant about clause applicability, especially regarding exceptions for commercial products and DOD contracts, to avoid compliance issues.
(a) The contracting officer shall insert the clause at 52.247-63, Preference for U.S.-Flag Air Carriers, in solicitations and contracts whenever it is possible that U.S. Government-financed international air transportation of personnel (and their personal effects) or property will occur in the performance of the contract. This clause does not apply to contracts awarded using the simplified acquisition procedures in part 13 or contracts for commercial products (see part 12).
(b) The contracting officer shall insert the clause at 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking, in solicitations and contracts with a U.S.-flag air carrier for the transportation by air of passengers. This clause is not applicable to solicitations issued or contracts awarded—
(1) By the Department of Defense; or
(2) For commercial products.