I am struggling to find the benefits of the Ground and Flight Risk (GFRC) clause when applied to contracts for repair and maintenance of aircraft. Are there any sources that can help?
The GFRC limits the contractor's liability for loss or damage to the aircraft by, in effect, creating a deductible and then self-insuring the balance of the loss. The clause is based on an assumption that, in the long run, the government's cost of self-insurance will be less than paying for the contractor's insurance to cover these risks.
Where I am confused is how this clause interacts with the Government Property clause on aircraft that are provided to a contractor for repair, maintenance, modification, etc. Under the GFP clause, the contractor's liability for loss or damage of property is very limited. FAR 52.245-1(h)(1)(i-iii) provides the contractor shall not be liable for loss of Government property (which is defined earlier in the clause to include damage and destruction) furnished under the contract unless the risk is covered by insurance, the loss is the result of willful misconduct or lack of good faith on the part of the Contractor's managerial personnel, or the Contracting Officer has revoked the Government's assumption of risk. If I am reading the Government Property clause correctly, it seems to me that the GFRC reduces the scope of the Government's self-insurance by creating a "deductible" that otherwise would not exist.
What am I missing?
Thanks for your assistance.