FAR 47.400—Scope of subpart.
Plain-English Summary
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.
Key Rules
Subpart implements Fly America
This subpart exists to carry out 49 U.S.C. 40118, the statutory Fly America Act requirement. The regulation is the policy and procedure framework for applying that law in federal procurement and related government-financed travel.
Applies to government-financed air travel
The focus is air transportation paid for with government funds. In practice, that means the subpart governs when federal money is used to purchase airline travel or reimburse air travel costs.
Sets policies and procedures
The section makes clear that the subpart is not just a statement of principle; it prescribes the rules and administrative steps for compliance. Users must look to the rest of the subpart for the specific booking, documentation, and exception requirements.
Defines the regulatory scope
As a scope provision, this section tells readers what subject matter belongs in the subpart and what legal authority it is based on. It frames how the detailed provisions should be interpreted and applied in practice.
Responsibilities
Contracting Officer
Apply the Fly America requirements when contract performance involves government-financed air transportation, and ensure the applicable policies and procedures in this subpart are followed in contract administration.
Contractor
Use the subpart’s rules when arranging or claiming reimbursement for air travel paid with federal funds, and ensure travel choices comply with the Fly America Act framework.
Agency
Implement and enforce the policies and procedures for government-financed air transportation, including providing guidance and oversight so the statutory requirements are applied consistently.
Traveler/Employee
When traveling on government-financed air transportation, follow the applicable Fly America rules and use compliant air service unless a valid exception or authorized alternative applies.
Practical Implications
This section is a gateway provision: it tells you the subpart is about Fly America compliance, so you should expect detailed airline-use restrictions and exceptions elsewhere in the subpart.
A common pitfall is treating federally funded air travel like ordinary commercial travel; if the trip is paid for with government funds, Fly America rules may control the booking choice.
Contractors should verify travel compliance before purchase or reimbursement, because noncompliant airfare can become an allowability or payment issue.
Contracting officers and agency staff should use this scope statement to identify when the subpart applies and to direct users to the detailed implementing provisions.
Because this section is brief, the main risk is underestimating its importance; it anchors the legal authority for the rest of the subpart and signals that compliance is mandatory, not optional.
Official Regulatory Text
This subpart prescribes policies and procedures for implementing 49 U.S.C. 40118, Government-financed air transportation, commonly referred to as the Fly America Act.