FAR 52.247-3—Capability to Perform a Contract for the Relocation of a Federal Office.
Plain-English Summary
FAR 52.247-3 addresses contractor capability requirements for moving a Federal office and is used in solicitations and contracts for transportation or transportation-related services when an office relocation is involved. The clause tells offerors and contractors what operating authority they must have for interstate moves, intrastate moves, and moves performed within a recognized commercial zone, including when a State or the District of Columbia requires a certificate, permit, or equivalent license and when no such authority is required. It also covers the special case where the contractor uses a subcontractor carrier instead of performing the move itself, making the prime contractor responsible for ensuring the subcontractor meets the same operating-authority requirements. The clause sets a timing rule for when compliance must be in place before performance begins, with a special accelerated deadline when the award-to-start period is short. Finally, Alternate I allows the contracting officer, when the move is intrastate and the Government’s interest supports it, to waive the basic clause’s State-authority and local-facility requirements by deleting paragraph (b) and adjusting the remaining text. In practice, this clause is a pre-performance eligibility and compliance screen designed to reduce the risk of using an unlicensed or otherwise unqualified mover for a Federal office relocation.
Key Rules
Interstate moves need FMCSA authority
If the relocation crosses State lines, including the District of Columbia, the contractor must hold current and appropriate operating authority from the Federal Motor Carrier Safety Administration. This is a threshold requirement for performing the move as an interstate carrier.
Intrastate moves follow local law
If the move stays wholly within one State or the District of Columbia, the contractor must obtain and maintain any operating authority required by that jurisdiction, such as a certificate, permit, or equivalent license. The requirement applies only when the State or D.C. actually requires such authority.
Commercial zone exception applies
When no State or D.C. operating authority is required, the contractor must still maintain facilities, equipment, and a business address within the jurisdiction where the move occurs. If the move is within a recognized commercial zone spanning more than one State or D.C., it is enough to maintain those facilities within the commercial zone and hold any required authority from the jurisdiction where those facilities are located.
Subcontracted carriers must comply
If the prime contractor does not perform the move as the carrier, the move must be carried out by a subcontractor carrier. The prime contractor is not directly subject to paragraphs (a) and (b) in that case, but it must require and ensure the subcontractor meets those requirements in full.
Compliance must exist before performance
The contractor must be in compliance at least 14 days before performance begins. If the period between award and start of performance is less than 28 days, compliance is due halfway between award and the start date.
Alternate I may waive intrastate requirements
For an intrastate Federal office move, the contracting officer may determine that it is in the Government’s interest not to apply the State-authority and local-facility requirements in paragraph (b). If so, paragraph (b) is deleted and the remaining paragraphs are renumbered accordingly.
Responsibilities
Contracting Officer
Insert the clause in covered solicitations and contracts, determine whether the move is interstate or intrastate, and decide whether Alternate I should be used for an intrastate move when the Government’s interest supports waiving paragraph (b). The contracting officer must also ensure the solicitation and contract reflect the correct timing and compliance expectations.
Contractor
Verify whether the move will be performed as an interstate or intrastate carrier, obtain and maintain the required FMCSA or State/D.C. operating authority when applicable, and be compliant by the required deadline before performance starts. If using a subcontractor carrier, the contractor must ensure the subcontractor meets all applicable requirements.
Subcontractor Carrier
When performing the move for the prime contractor, hold the appropriate operating authority and meet the applicable facility, equipment, and business-address requirements, as relevant to the move type and jurisdiction.
Agency
Use the clause to screen mover capability for office relocations and support the contracting officer’s determination of whether the move is interstate, intrastate, or within a commercial zone. The agency should also ensure the relocation requirement is aligned with transportation law and operational needs.
Practical Implications
This clause is a pre-award and pre-performance capability check, not just a paperwork requirement; contractors that lack the right authority can be disqualified or found noncompliant before the move starts.
The interstate/intrastate distinction matters a lot. A contractor that is properly licensed for one type of move may still be ineligible for the other, so offerors should confirm the route and legal classification early.
Commercial zone rules can create exceptions, but they are technical and easy to misapply. Contractors should verify whether the move originates or terminates in a recognized commercial zone and whether the zone spans multiple jurisdictions.
If the prime contractor plans to subcontract the hauling, it cannot ignore the clause. The prime remains responsible for making sure the subcontractor carrier has the required authority and local presence, where applicable.
The timing rule can be a trap on short-fuse awards. Contractors should not wait until award to start licensing checks, because compliance may be due before the normal 14-day window if the performance start date is close to award.
Official Regulatory Text
As prescribed in 47.207-1 (b) , insert the following clause in solicitations and contracts for transportation or for transportation-related services when a Federal office is relocated, to ensure that offerors are capable to perform interstate or intrastate moving contracts involving the relocation of Federal offices: Capability to Perform a Contract for the Relocation of a Federal Office (Feb 2006) (a) If the move specified in this contract is to be performed by the Contractor as a carrier within the borders of more than one State, including the District of Columbia, ( i.e., an interstate move), the Contractor shall have obtained and hold appropriate and current operating authority from the Federal Motor Carrier Safety Administration. (b) (1) If the move specified in this contract is to be performed by the Contractor as a carrier wholly within the borders of one State or the District of Columbia ( i.e., an intrastate move), the Contractor shall, when required by the State, or the District of Columbia, in which the move is to take place, have obtained and hold appropriate and current operating authority from that jurisdiction in the form of a certificate, permit, or equivalent license to operate. (2) If no authority to operate is required by the State or the District of Columbia, the Contractor as carrier shall maintain facilities, equipment, and a business address within the jurisdiction in which the move is to take place. However, if the move is to originate and/or terminate within an area of one State, or the District of Columbia, that comprises a part of a recognized Commercial Zone (see Subpart B of 49 CFR part 372 ) the boundaries of which encompass portions of more than one State or the District of Columbia, it shall be sufficient if the Contractor as carrier maintains facilities, equipment, and a business address within the Commercial Zone and holds appropriate operating authority, if required, from the jurisdiction within which the Contractor maintains the facilities, equipment, and business address. (c) If the move specified in this contract will not be performed by the Contractor as carrier, it must be performed for the Contractor by a carrier operating under a subcontract with the Contractor. In this case, the Contractor shall not be subject to the requirements of paragraphs (a) and (b) of this clause, but shall be responsible for requiring and ensuring that the subcontractor carrier complies with those requirements in every respect. (d) The Contractor shall be in compliance with the applicable requirements of this clause at least 14 days before the date on which performance of the contract shall commence under the terms specified; except that, if the period from the date of award of the contract to the date that performance shall commence is less than 28 days, the Contractor shall comply with the applicable requirements of this clause midway between the time of award and the time of commencement of performance. (End of clause) Alternate I (Apr 1984) . If a Federal office move is intrastate and the contracting officer determines that it is in the Government’s interest not to apply the requirements for holding or obtaining State authority to operate within the State, and to maintain a facility within the State or Commercial zone, delete paragraph (b) of the basic clause and redesignate the remaining paragraphs"(b) and (c)." In the 6 th line of the new paragraph (b), delete the words "paragraphs(a) and (b) above" and replace them with "paragraph (a) of this clause."