Overview
Subpart 47.4 implements the Fly America Act (49 U.S.C. 40118), which mandates the use of U.S.-flag air carriers for all international air transportation financed by the U.S. Government. This regulation applies to the travel of federal employees, contractors, grantees, and the transportation of personal property or freight.
Key Rules
- Mandatory Use: U.S.-flag air carriers must be used for international travel and transportation of property if available, regardless of cost or personal preference.
- Cost and Convenience: U.S.-flag carrier service is considered "available" even if a foreign carrier is cheaper, more convenient, or preferred by the traveler.
- Availability Exceptions: Foreign carriers may only be used if U.S. carriers are unavailable. Specific "unavailability" criteria include:
- The 24-Hour Rule: If using a U.S. carrier at a gateway airport abroad would extend travel time by more than 24 hours.
- The 6-Hour Rule: If a U.S. carrier requires a wait of 6 hours or more at an interchange point or extends travel time by 6 hours compared to a foreign carrier.
- Short-Distance Travel: If the total flight time is 3 hours or less and a U.S. carrier would take twice as long.
- Open Skies Agreements: Use of a foreign carrier is permitted if an air transport agreement exists between the U.S. and a foreign government that provides reciprocal rights (e.g., "Open Skies" agreements).
- Financial Penalty: Agencies must disallow expenditures for foreign-flag air travel unless a memorandum is provided that adequately justifies the necessity based on the specific exceptions in the FAR.
Responsibilities
- Contracting Officers (COs):
- Must insert clause 52.247-63 (Preference for U.S.-Flag Air Carriers) into solicitations and contracts where international travel or transport may occur.
- Must insert clause 52.247-69 regarding human trafficking training in specific contracts with U.S.-flag carriers for passenger transport.
- Contractors and Travelers:
- Must prioritize booking through U.S.-flag carriers.
- Must provide a justification statement (similar to the one in 52.247-63) if a foreign carrier is used to ensure payment/reimbursement.
- Air Freight Forwarders:
- Must provide copies of airway bills or manifests and justifications when using foreign-flag carriers to ensure their bills are paid by the government.
- Federal Agencies:
- Responsible for auditing vouchers and disallowing costs for unauthorized use of foreign carriers.
Practical Implications
- Strict Compliance Required: Contractors often mistakenly believe that saving the government money by booking a cheaper foreign flight is acceptable; under the Fly America Act, this is a violation that results in the traveler or contractor bearing the full cost of the flight.
- Documentation is Critical: If a U.S. carrier is unavailable, the traveler must document the specific reason (using the 6-hour or 24-hour rules) at the time of booking. Retroactive justifications are often scrutinized or rejected during audits.
- Exemptions for Commercial Products: Note that these requirements generally do not apply to contracts for commercial products or simplified acquisitions (under the Part 13 threshold), providing some administrative relief for small-scale commercial purchases.
- Complexity of "Code Sharing": In the real world, many U.S. carriers "code-share" with foreign airlines. For FAR compliance, the ticket must generally be issued by the U.S. carrier (carrying the U.S. carrier’s flight code) to be considered compliant.