52.247-63 Preference for U.S.-Flag Air Carriers
Source: FAR 52.247-63 on acquisition.gov
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.
As prescribed in 47.405(a) , insert the following clause:
Preference for U.S.-Flag Air Carriers (Jan 2025)
(a) Definitions. As used in this clause-
"International air transportation" means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States.
United States means the 50 States, the District of Columbia, and outlying areas.
U.S.-flag air carrier means an entity granted authority to provide air transportation in the form of a certificate of public convenience and necessity under https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section41102&num=0&edition=prelim" target="_blank">49 U.S.C. 41102.
(b) U.S. Government-financed international air transportation. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40118&num=0&edition=prelim" target="_blank">49 U.S.C. 40118, Government-financed air transportation (commonly referred to as the Fly America Act), requires that all Federal agencies and Government contractors and subcontractors use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the General Services Administration to issue regulations that, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.
(c) Use of U.S.-flag carriers for international air transportation. If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.
(d) Statement of unavailability of U.S.-flag air carriers. Use of U.S.-flag carriers for international air transportation. In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:
Statement of Unavailability of U.S.-Flag Air Carriers
International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons (see section 47.403 of the Federal Acquisition Regulation): [State reasons]:__________________________________________________
(End of statement)
(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation.
(End of clause)