52.226-8
Encouraging Contractor Policies to Ban Text Messaging While Driving
Contractors must encourage and enforce policies banning text messaging while driving on government business and ensure these requirements are flowed down to all subcontracts above the micro-purchase threshold.
Overview
FAR 52.226-8 encourages contractors to implement and enforce policies that ban text messaging while driving when performing government work. The clause defines key terms such as "driving" and "text messaging," clarifying what activities are covered. Contractors are encouraged to adopt policies for all employees driving company-owned, rented, government-owned, or privately-owned vehicles on official government business. The clause also encourages educational and awareness initiatives about the dangers of texting while driving. Importantly, contractors must flow down this requirement to all subcontracts exceeding the micro-purchase threshold, ensuring broad compliance throughout the supply chain.
Key Rules
- Definition of Driving and Text Messaging
- "Driving" covers operating a vehicle on an active roadway, even if temporarily stopped, but excludes being safely parked off the roadway. "Text messaging" includes a wide range of electronic communications, not just SMS.
- Policy Encouragement
- Contractors are encouraged to adopt and enforce bans on text messaging while driving for all relevant vehicles and situations involving government work.
- Education and Outreach
- Contractors should conduct education and awareness initiatives about the risks of texting while driving, scaled to the size of the business.
- Subcontractor Flowdown
- The clause must be included in all subcontracts above the micro-purchase threshold.
Responsibilities
- Contracting Officers: Ensure inclusion of this clause in applicable contracts and subcontracts.
- Contractors: Develop, implement, and enforce anti-texting policies; conduct awareness initiatives; flow down the clause to qualifying subcontractors.
- Agencies: Oversee contractor compliance and ensure proper clause flowdown.
Practical Implications
- This clause aims to improve safety and reduce accidents related to texting while driving during government work. Contractors must be proactive in policy development and employee education, and ensure their subcontractors are equally compliant. Failure to flow down the clause or implement reasonable policies could result in compliance issues.