FAR 47.4—Subpart 47.4

Scope of subpart.

FAR 47.400 is the scope statement for FAR Subpart 47.4, which implements the Fly America Act, codified at 49 U.S.C. 40118. This section tells readers that the subpart’s purpose is to set out the policies and procedures governing government-financed air transportation, meaning when federal funds are used to pay for air travel in connection with federal contracts, grants, or other government-funded activities. In practical terms, it signals that the detailed rules in the rest of the subpart control which airlines and routing options may be used, and when exceptions or special circumstances may apply. The section does not itself create the detailed travel requirements; instead, it establishes the legal and regulatory framework for applying those requirements. For contractors, agencies, and travelers, the significance is that any air travel paid for with federal funds must be checked against the Fly America rules before booking or reimbursement, because noncompliant travel can affect allowability of costs and payment. This scope statement also helps distinguish the Fly America requirements from general travel policy by tying them specifically to government-financed air transportation.

Definitions.

FAR 47.401 provides the definitions used in Subpart 47.4, which governs transportation by air and related travel/transportation concepts in federal contracting. This section defines key terms such as air freight forwarder, gateway airport abroad, gateway airport in the United States, international air transportation, United States, and U.S.-flag air carrier. These definitions matter because they determine how agencies and contractors identify the correct mode of transportation, apply domestic preference and routing rules, and evaluate whether a carrier or itinerary meets regulatory requirements. In practice, the definitions control how travel and shipment decisions are made, especially for international travel and air cargo arrangements where the point of embarkation, debarkation, and carrier status can affect compliance, cost, and eligibility. The section is foundational: it does not impose a standalone procurement procedure, but it supplies the terminology needed to apply the rest of the subpart correctly.

Policy.

FAR 47.402 states the basic Fly America Act policy for government-financed international air travel and shipment of personal effects or property. It covers who is subject to the rule—federal employees and their dependents, consultants, contractors, grantees, and other travelers or shippers acting with U.S. Government financing—and what they must use: U.S.-flag air carriers when available. It also reaches transportation of personal effects and property, not just passenger travel, so the rule applies to both travel and freight-like movement tied to official government funding. The purpose is to direct federally funded international air transportation to U.S.-flag carriers when possible, consistent with 49 U.S.C. 40118. In practice, this section is the policy foundation for compliance reviews, travel approvals, contract administration, and reimbursement decisions involving international air travel paid for by the Government.

Guidelines for implementation of the Fly America Act.

FAR 47.403 is a short incorporation section that tells readers where the government’s Fly America implementation guidance comes from: the Comptroller General’s March 31, 1981 decision in case B-138942, titled the Guidelines for Implementation of the Fly America Act. In practical terms, this section does not itself restate the full travel rule; instead, it points contracting officers, contractors, and travelers to the authoritative guidance used to apply the Fly America Act in federal travel and transportation decisions. The section matters because the Fly America Act generally requires use of U.S.-flag air carriers for federally funded travel and transportation unless an exception applies, and the Comptroller General guidance helps agencies interpret and administer that requirement consistently. By identifying the source of the implementation rules, FAR 47.403 supports uniform application across contracts, grants, and travel authorizations, and it helps avoid improper use of foreign air carriers when U.S.-flag service is available. In practice, this section signals that compliance depends not only on the statute but also on the detailed government-wide guidance that explains when U.S.-flag service must be used, when exceptions may be allowed, and how agencies should document and enforce those decisions.

Air freight forwarders.

FAR 47.404 addresses the use of air freight forwarders for Government-financed shipments and the documentation needed to support payment and compliance. It authorizes agencies to use international air freight forwarders for U.S. Government-financed movements of property, ties those shipments to the same disallowance rule that applies to certain air carrier expenditures under FAR 47.403-3(a), and requires agencies to tell forwarders what they must submit with their bills. In practice, this section is about ensuring that freight-forwarding arrangements do not bypass U.S.-flag preference rules and that the Government has enough documentation to verify the carriers used and whether any foreign-flag air carrier use was justified. It also helps contracting and transportation personnel process invoices promptly by standardizing the supporting paperwork. For contractors and forwarders, the section means that payment can be delayed or questioned if the required airway bill, manifest, or foreign-flag justification is missing or incomplete.

Contract clauses.

FAR 47.405 tells contracting officers when to include specific air-carrier contract clauses in solicitations and contracts. It covers two separate requirements: the clause at 52.247-63, Preference for U.S.-Flag Air Carriers, and the clause at 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking. The first clause applies when U.S. Government-financed international air transportation of personnel, personal effects, or property may occur during performance, and it is meant to implement the statutory preference for U.S.-flag air carriers. The second clause applies when the Government is buying passenger air transportation from a U.S.-flag air carrier and is intended to support reporting on training to prevent human trafficking. The section also identifies important exceptions, including simplified acquisitions under FAR part 13, commercial products under FAR part 12, and Department of Defense solicitations or contracts for the second clause. In practice, this section is a clause-selection rule: the contracting officer must identify the transportation requirement, determine whether the transaction falls within an exception, and then insert the correct clause so the contract reflects the applicable policy and reporting obligations.