52.247-63
Preference for U.S.-Flag Air Carriers
Contractors must use U.S.-flag air carriers for government-financed international air transportation and document any exceptions with proper justification.
Overview
FAR 52.247-63, "Preference for U.S.-Flag Air Carriers," implements the Fly America Act, requiring contractors and subcontractors to use U.S.-flag air carriers for government-financed international air transportation of personnel, their personal effects, or property, whenever such service is available. The clause defines key terms, outlines the requirement to use U.S.-flag carriers, and specifies procedures if a foreign-flag carrier must be used. It also mandates flow-down of these requirements to all applicable subcontracts.
Key Rules
- Mandatory Use of U.S.-Flag Air Carriers
- Contractors must use U.S.-flag air carriers for international air transportation funded by the U.S. Government, unless unavailable.
- Statement of Unavailability
- If a foreign-flag carrier is used, contractors must provide a written statement on vouchers explaining why a U.S.-flag carrier was not used, referencing FAR 47.403 for acceptable reasons.
- Subcontract Flow-Down
- The clause and its requirements must be included in all subcontracts or purchases that may involve international air transportation.
Responsibilities
- Contracting Officers: Ensure inclusion of this clause in applicable contracts and monitor compliance.
- Contractors: Use U.S.-flag air carriers when available, document exceptions, and flow down the clause to subcontractors.
- Agencies: Oversee contractor compliance and enforce Fly America Act provisions.
Practical Implications
- This clause ensures U.S. Government funds support U.S.-flag air carriers, promoting national interests and compliance with federal law.
- Contractors must carefully document any exceptions and ensure all subcontractors are aware of and comply with these requirements.
- Common pitfalls include failing to use U.S.-flag carriers when available or neglecting to provide required statements when exceptions occur.