Overview
FAR Subpart 8.11 outlines the mandatory procedures for agencies seeking to lease motor vehicles from commercial sources within the United States and its outlying areas. The subpart focuses on ensuring that vehicle acquisitions are economically justified, fuel-efficient, and only pursued after determining that the General Services Administration (GSA) cannot fulfill the requirement.
Key Rules
- GSA First Policy: Before a commercial lease can be initiated, the GSA must advise the agency that it is unable to furnish the required vehicles.
- Efficiency Standards: Agencies are required to lease vehicles with maximum fuel efficiency and the minimum body/engine size necessary to meet operational needs.
- Size Restrictions: Passenger automobiles larger than "compact" (Type II) require a specific certification from the agency head or a designee stating that the larger size is essential to the agency’s mission.
- Geographic Limitation: These regulations do not apply to motor vehicles leased outside the United States and its outlying areas.
- Model Year Flexibility: To encourage competition and economy, solicitations generally cannot be limited to the current year's production models unless specifically approved by the head of the contracting office.
- Maintenance Default: Contracts must state that the contractor is responsible for all maintenance unless it is proven more economical for the Government to perform the work.
- Short-term Exceptions: Many of the rigorous certification requirements are waived for leases of less than 60 days, provided the vehicles are small (Type IA, IB, or II).
Responsibilities
- Contracting Officers:
- Must obtain written certification from the requiring activity regarding fuel efficiency and size.
- Must ensure all required clauses (e.g., payment, condition, marking) are included in the contract.
- Must verify that GSA cannot provide the vehicles before proceeding with a commercial source.
- Requiring Activity (Program Managers):
- Responsible for providing written certification that the requested vehicles are the minimum size/engine necessary.
- Must obtain internal approvals and justify the mission-essential nature of any vehicle larger than a compact model.
- Agency Head (or Designee):
- Must formally certify the necessity of passenger vehicles (sedans/station wagons) larger than Type IA, IB, or II.
- Contractors:
- Must provide vehicles meeting Federal Motor Vehicle Safety Standards and State regulations.
- Responsible for maintenance and compliance with local laws as specified in the contract.
Practical Implications
In real-world government contracting, Subpart 8.11 serves as a hurdle against "scope creep" regarding vehicle luxury and size. Contracting Officers must be prepared to defend the "mission-essential" nature of any SUV or large sedan request, as the default FAR position is "minimum engine and body size."
Additionally, this subpart necessitates a "Make-or-Buy" style analysis for maintenance; while contractors typically handle repairs, the CO must verify this is the most economical path. For contractors, this means that providing a "full-service" lease (including maintenance and emergency repairs) is the standard expectation when bidding on these requirements. Finally, the exclusion of specific standard supply clauses (like "Variation in Quantity") means COs must use the specific vehicle-lease clauses (52.208-4 through 52.208-7) to ensure the government’s interests are protected regarding vehicle condition and tagging.