52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving
Source: FAR 52.226-8 on acquisition.gov
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.
As prescribed in 26.605 , insert the following clause:
Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)
(a) Definitions. As used in this clause-
"Driving"–
(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.
(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.
Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.
(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009.
(c) The Contractor is encouraged to-
(1) Adopt and enforce policies that ban text messaging while driving-
(i) Company-owned or rented vehicles or Government-owned vehicles; or
(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.
(2) Conduct initiatives in a manner commensurate with the size of the business, such as-
(i) Establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving; and
(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.
(End of clause)