Overview
This section prescribes the specific FAR clauses that must be included in solicitations and contracts for leasing motor vehicles within the United States. It establishes a standardized framework for vehicle condition, payment terms, and identification while modifying standard supply contract requirements to fit the leasing model.
Key Rules
- Geographic Limitation: These requirements apply to domestic motor vehicle leases and are not required for leases executed in foreign countries.
- Mandatory Leasing Clauses: Solicitations and contracts must include clauses regarding Vehicle Lease Payments (52.208-4), Condition of Leased Vehicles (52.208-5), and Marking of Leased Vehicles (52.208-6).
- 60-Day Threshold: For leases exceeding 60 days, the contract must include a clause substantially the same as 52.208-7, Tagging of Leased Vehicles, in accordance with GSA property management regulations.
- Standard Supply Clause Exclusions: While fixed-price supply clauses are generally used, four specific clauses are explicitly excluded to prevent conflict with leasing terms: Variation in Quantity (52.211-16), standard Payments (52.232-1), Contracts for Materials, Supplies, Articles, and Equipment (52.222-20), and Responsibility for Supplies (52.246-16).
Practical Implications
- Contract Customization: Contracting Officers cannot simply use a standard "off-the-shelf" fixed-price supply template; they must actively remove standard payment and responsibility clauses that are superseded by the leasing-specific clauses.
- Short-Term vs. Long-Term Strategy: For short-term rentals (60 days or less), administrative burdens are reduced as the "Tagging of Leased Vehicles" requirement is not mandatory, providing more flexibility for temporary fleet surges.