Jump to content
The Wifcon Forums and Blogs

Recommended Posts

What are the standard FAR clauses and federal government policies to deal with contractors traveling on federal government-owned vehicles, including both

(a) government-owned aircraft and

(b) government-owned (motor) vehicles?

Travel would be to carry out federal government contracts (meetings, site visits). 

Does anyone have general experience or advice on this topic, including how the government would approach things like liability, insurance, indemnity, etc.

Share this post


Link to post
Share on other sites

Would contractor employees merely be passengers? Or are they operating the aircraft/motor vehicles? Are the aircraft/vehicles in the possession of the contractor?

Share this post


Link to post
Share on other sites

Because Contractors may have adopted ethics rules that determine if contractor employees may accept "a ride," can we assume that this transportation is included in a Government furnished contract clause and that this clause was included in the RFP/ITQ?

Share this post


Link to post
Share on other sites

DoD has some rules about the subject. Is this a DoD contract? 

Share this post


Link to post
Share on other sites

Pepe,

I hope you’ll be able to answer the questions that have been asked.  In the meantime, you might review 41 CFR 102-34.215 and thereabouts, and FAR Subpart 51.2.

Share this post


Link to post
Share on other sites
1 hour ago, ji20874 said:

41 CFR 102-34.215

Actually I would read the total of 41 CFR 102-34 as it does start by saying at 102-34.5 that when GFP is provided appropriate provisions of the CFR is to be incorporated into a contract.

Following the CFR reference one should also look to their own agency policy which might be found  in either the agency's supplement to the FPMR/FMR.   By example here is one from the Bureau of Reclamation - https://www.usbr.gov/recman/FPMR/38-301.html  I am not sure that this reference is the most current.

Hopefully this will assist in getting you down the right track with the thought in mind that I suspect there is lots of guidance within your agency to head you down the right track.

Share this post


Link to post
Share on other sites

Defense (DOD) contract

contractors would only be passengers, not controlling or driving, just along for the ride

aircraft not in possession of contractor

as far as fixed price versus cost contract, assume a cost contract, although exploring other options

looking for the "standard way" to handle it on a DOD cost contract before exploring potential of other options, including contract vehicles not subject to standard procurement regulations

 

Share this post


Link to post
Share on other sites

If it's a cost-reimbursement contract, then the contract would have to include the clause at FAR 52.228-7, Insurance-Liability to Third Persons. That clause requires the contractor to maintain certain types of insurance, unless they have an approved self-insurance program. If Mayhem struck when a contractor employee was getting a ride from the Government, resulting in injury or death, a worker's compensation claim could be made by the employee against the employer. 

The costs of insurance and indemnification are generally allowable (see FAR 31.205-19). If the work is overseas, see FAR 28.305.

Share this post


Link to post
Share on other sites

I didn’t find an ethical problem but the JTR did say in one place that contractors should provide their own resources to perform the contract and that normally, contractors shouldn’t drive govt vehicles.  

The real problems,  in my opinion, would be liability, as mentioned herein before, and in separation of funding and accounting for the costs involved.

In addition, how would one government program reimburse the Air Force’s flying and maintenance costs, GSA or DOD O&M appropriations for ground vehicles, etc. ? 

it would be a complex, and govt intensive logistics exercise to determine, account for and reimburse various other accounts for the cost of travel in govt conveyances. 

Contractors, if allowed to fly on govt planes, may well be standby.  Who are they going to bump? What happens if the plane doesn’t fly or is delayed (a common event in my Air Force and government employee experience flying “USAF Air”, Space- A.

For other than duty in a War Zone, I would expect the govt  to say “Buy your own tickets; we don’t want to be responsible for determining  costs or for delays, injuries or death to contractor employees”. 

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


×
×
  • Create New...