FAR 26.6—Subpart 26.6

Purpose.

FAR 26.601 is a short purpose statement for Subpart 26.6, and it tells readers why the subpart exists: to implement Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving. In practical terms, this means the FAR subpart is part of the government’s broader effort to promote safe driving behavior and reduce distracted driving associated with texting. The section itself does not create detailed contract clauses, procedures, or enforcement steps; instead, it establishes the legal and policy basis for the requirements that appear elsewhere in the subpart. For contractors and contracting officers, the significance is that any obligations in the related FAR provisions should be understood as flowing from this executive-branch safety policy. This section therefore serves as the gateway to the subpart’s rules and signals that the government expects compliance measures tied to texting while driving to be addressed in federal contracting relationships where applicable.

Applicability.

FAR 26.602 is a very short applicability provision, but it is important because it tells readers that the requirements in this subpart are not limited to a special class of acquisitions—they apply to all solicitations and all contracts. In practical terms, that means contracting officers, offerors, and contractors must treat the subpart’s requirements as part of the baseline acquisition framework whenever they are preparing, reviewing, awarding, or performing a federal procurement. The section does not itself impose a substantive purchasing rule, set-aside, or evaluation factor; instead, it establishes the scope of the subpart and prevents parties from assuming the requirements apply only in certain contract types, dollar ranges, or phases of the acquisition. Its purpose is to ensure consistent application across the procurement lifecycle and to avoid gaps where a solicitation or contract might otherwise omit a requirement because someone believed the subpart was inapplicable. In practice, this means acquisition personnel should check the rest of Subpart 26.6 whenever they are working on a solicitation or contract, and contractors should assume the subpart may affect their proposal preparation, compliance obligations, or contract administration unless another FAR provision clearly says otherwise.

Definitions.

FAR 26.603 defines the key terms used in this subpart so agencies, contracting officers, and contractors apply the same meaning when enforcing restrictions on distracted driving in connection with federal contracting. The section specifically defines "driving" and "text messaging," including when a vehicle is considered to be in motion for purposes of the rule and what kinds of electronic device use count as text messaging. It also explains an important exception for using a navigation device that is secured in a commercially designed holder, as long as the destination and route are programmed before driving or while safely parked off the roadway. In practice, these definitions matter because they determine when a contractor’s employee is covered by the subpart’s prohibitions and when conduct is outside the rule. Clear definitions reduce ambiguity in enforcement, help contractors train employees, and give contracting officers a consistent standard for compliance and contract administration.

Policy.

FAR 26.604 states the Government’s policy on distracted driving by encouraging agencies to require or promote contractor and subcontractor policies that prohibit text messaging while driving. The section specifically covers two driving situations: use of company-owned or rented vehicles and Government-owned vehicles, and use of privately owned vehicles when the driver is on official Government business or performing any work for or on behalf of the Government. Its purpose is preventive and safety-oriented: to reduce accidents, injuries, liability exposure, and performance disruptions associated with texting while driving. In practice, this means contracting personnel should treat the rule as a policy expectation that can be flowed down through contractor management practices, safety programs, and workplace conduct standards, even though the text itself uses the word “encourage” rather than imposing a direct prohibition in the regulation. Contractors and subcontractors should understand that the Government expects them to adopt and enforce internal bans covering the specified driving contexts, especially where employees are performing contract-related duties.

Contract clause.

FAR 26.605 is a very short but mandatory prescription that tells contracting officers to include a specific contract clause—52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving—in all solicitations and contracts. The section addresses only one topic: clause insertion, and it does so without exceptions or additional conditions in the text of the rule. In practice, this means the requirement is automatic whenever a solicitation or contract is issued, regardless of contract type, unless another FAR provision or agency-specific rule elsewhere creates a separate exception. The purpose is to promote safe driving practices by encouraging contractors to adopt policies that prohibit text messaging while driving, and to flow that expectation into the federal procurement process through a standard clause. For contracting officers, the practical significance is simple but important: they must ensure the clause is included every time, because omission would mean the solicitation or contract does not fully comply with the FAR prescription.