Overview
FAR 47.405 prescribes the specific contract clauses that contracting officers must include in solicitations and contracts to ensure compliance with the Fly America Act and human trafficking prevention reporting requirements.
Key Rules
- FAR 52.247-63 (Preference for U.S.-Flag Air Carriers):
- Must be inserted whenever international air transportation of personnel or property may occur during contract performance.
- Exemptions: This clause is not required for simplified acquisition procedures (Part 13) or for the acquisition of commercial products (Part 12).
- FAR 52.247-69 (Human Trafficking Training Reporting):
- Must be inserted in contracts with U.S.-flag air carriers for the transportation of passengers.
- Exemptions: This clause is not required for Department of Defense (DoD) contracts or for the acquisition of commercial products.
Practical Implications
- Contracting Officers must perform a needs analysis during the acquisition planning phase to determine if international travel is a possibility, even if it is not the primary purpose of the contract.
- U.S. air carriers bidding on civilian agency passenger transport contracts must maintain records and be prepared to report on their internal training programs regarding the prevention of human trafficking.