48 CFR §228.370-3
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)When a contract involves aircraft not owned by or to be delivered to the Government, the contracting officer may use the clause at 252.228-7001 only if the contracting officer determines that it is in the best interest of the Government.
- (b)Potential factors for the contracting officer to consider when deciding which course of action is in the best interest of the Government include, but are not limited to, whether—
- (1)The cost of hull insurance exceeds the replacement cost of the aircraft;
- (2)Insurance is not available (e.g., high-risk experimental flights and operations of aircraft in a war zone); or
- (3)Ground or flight activities that involve contractor-owned and contractor-operated aircraft may pose risk to Government aircraft (e.g., due to close proximity in flight).