Contract clauses
FAR 8.1104 mandates specific clauses for domestic motor vehicle leasing contracts to ensure clear terms for payment, condition, marking, and tagging, while excluding certain supply clauses.
Overview
FAR 8.1104 specifies the mandatory contract clauses that must be included in solicitations and contracts for the leasing of motor vehicles within the United States. The section lists specific FAR clauses addressing payment, vehicle condition, marking, and tagging requirements, and clarifies that these apply unless the vehicles are leased in foreign countries. For leases over 60 days, a clause similar to 52.208-7 (Tagging of Leased Vehicles) is required. Additionally, it directs contracting officers to include standard supply contract clauses for fixed-price contracts, with explicit exceptions for certain clauses that do not apply to vehicle leasing. This ensures consistency, accountability, and compliance in government vehicle leasing contracts.
Key Rules
- Required Clauses for Vehicle Leasing
- Solicitations and contracts must include clauses 52.208-4 (Vehicle Lease Payments), 52.208-5 (Condition of Leased Vehicles), and 52.208-6 (Marking of Leased Vehicles).
- Tagging Clause for Long-Term Leases
- For leases over 60 days, include a clause substantially the same as 52.208-7 (Tagging of Leased Vehicles).
- Standard Supply Clauses for Fixed-Price Contracts
- Include standard supply contract clauses for fixed-price contracts, except for 52.211-16, 52.232-1, 52.222-20, and 52.246-16, which are excluded.
Responsibilities
- Contracting Officers: Must ensure all required clauses are included in vehicle leasing solicitations and contracts, and that excluded clauses are omitted.
- Contractors: Must comply with the terms and conditions set forth in the included clauses regarding payments, vehicle condition, marking, and tagging.
- Agencies: Oversee compliance and proper clause inclusion in all applicable contracts.
Practical Implications
- This section standardizes the contractual framework for leasing motor vehicles, reducing ambiguity and ensuring all parties understand their obligations. Failure to include the correct clauses can result in noncompliance, disputes, or contract administration issues. Contracting professionals must pay close attention to the specific inclusions and exclusions to avoid common pitfalls.