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CD-2025-03
December 20, 2024
MEMORANDUM FOR THE FAS CITY PAIR PROGRAM
FROM AND DIGITALLY SIGNED BY: Nicholas West, Acting Senior Procurement Executive, Office of Acquisition Policy
SUBJECT: FAR Class Deviation - Contract terms and conditions for the City Pair Program
On this page
This memorandum approves a class deviation from the Federal Acquisition Regulation (FAR) as requested from the FAS City Pair Program to include:
This memorandum serves as a class waiver for FAR 12.302(c) per the determination and findings from the FAS City Pair Program for differing terms and conditions from standard commercial practices including:
This class deviation is issued under the authority of FAR 1.404 and General Services Administration Acquisition Manual (GSAM) 501.404.
This class deviation is issued following consultation with the Chair of the Civilian Agency Acquisition Council (CAAC) in accordance with FAR 1.404(a) and GSAM 501.404(a).
This class deviation is effective immediately and remains in effect for five (5) years.
FAS City Pair Program Deviation Request
FAS City Pair Program Determination and Finding
MEMORANDUM FOR JEFFREY A. KOSES, SENIOR PROCUREMENT EXECUTIVE, OFFICE OF ACQUISITION POLICY (MV)
THRU AND DIGITALLY SIGNED BY:
Crystal Philcox, Head of Contracting Activity (HCA), Assistant Commissioner, Office of Travel, Transportation & Logistics (TTL) Categories
Rebecca A. Koses, Director, Office Of Acquisition Operations (QMA)
Dallas Brewer, Director, Center For Travel And Transportation (QMAC)
Craig Heggestad, Branch Chief, Travel Acquisition Support Branch (QMACB)
FROM AND DIGITALLY SIGNED BY: James Santini, Contracting Officer, Travel Acquisition Support Branch (QMACB)
SUBJECT: Class Deviation for FAR Contract Terms and Conditions— Commercial Products and Commercial Services and Requirements, for Scheduled Air Passenger Transportation Services, for City Pair Program (CPP) contracts for FY26-FY30 (Five-Year Approval)
In accordance with Subpart 501.404 of the General Services Administration Acquisition Manual (GSAM), your approval is requested for a five-year class deviation that is effective upon the start of the FY26 CPP contract period of performance through expiration of the FY30 CPP contract (including option periods, as applicable). Accordingly, CPP requests to deviate from:
This deviation request does not violate the regulatory provisions’ underlying statute(s) nor defeat the FAR and GSAM approval requirements.
Approval of this five-year class deviation will permit CPP to incorporate a Changes Clause that more closely aligns with the Government’s needs and industry practice. The CPP requirement is solicited annually, and the Class Deviation has been perpetually submitted for approval with little to no updates. A five-year approval is being requested to enhance the overall efficiency and reduce the amount of time and effort that in the past was utilized to review and re-approve this document annually. If substantial unforeseen changes do transpire, the Class Deviation will be updated and resubmitted for approval, if/when necessary. Per FAR 1.404, “[w]hen an agency knows that it will require a class deviation on a permanent basis, it should propose a FAR revision, if appropriate.” While the circumstances giving rise to the deviation request are unlikely to change during the upcoming procurement cycles, the potential transformative nature of the commercial airline industry makes a FAR revision potentially too restrictive in the face of uncertain changes. Nevertheless, CPP’s five-year deviation is predicated upon the basis that the previous deviations have been approved with little to no updates and forecasts that minimal change is likely to happen within the next five years. Thus, given this forecast of stability, FAS will consider proposing a FAR revision prior to the expiration of this class deviation, insofar as 1) industry practices do not substantially change in the interim, or 2) a FAR revision was not proposed prior to the expiration of the preceding 5-year class deviation.
Furthermore, approval of this deviation request will enable the procurement for scheduled air passenger transportation services to align with the standard practices of the commercial airline industry in the area of invoicing, payments, and taxes. The inability of the airline industry to follow commercial practices in these three areas could potentially limit participation in CPP, thus reducing competition and the Government’s ability to negotiate deeply discounted airfares for Government travelers.
In addition, approval of this deviation will permit CPP to incorporate a Requirements Clause that more closely aligns with the Government’s needs and industry practice. Approval of this deviation request will remove and/or replace any inapplicable language for the Clause as it is written.
Name, organization and role of the team members preparing the deviation request: Travel Acquisition Support Branch (QMACB)
Number of contracts affected in the previous fiscal year: 9 contracts for FY25
Effect on the agency or Contracting Officers and the acquisition team (costs/benefits)
QMACB is requesting a deviation from the following subparagraphs in FAR Clause 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023):
Additionally, a deviation is requested for FAR Clause 52.243-1, Changes – Fixed Price (AUG 1987) (ALTERNATE I – APR 1984).
FAR 12.302(a) states that to the maximum extent practicable, the clause at 52.212-4 addresses customary commercial practices. However, because of the broad range of commercial products and commercial services acquired by the Government, contracting officers may, after appropriate market research, tailor certain paragraphs of the provision at 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023), and the clause at 52.212-4, Contract Terms and Conditions— Commercial Products and Commercial Services (NOV 2023), to adapt to the market conditions for each acquisition.
FAR 12.302(b) also states, however, that certain paragraphs of clause 52.212-4 that implement statutory requirements shall not be tailored. They include the paragraphs addressing assignments, disputes, payment, invoice, other compliances, compliance with laws unique to Government contracts, and unauthorized obligations.
The subparagraph of Clause 52.212-4 regarding changes does not adequately meet CPP’s needs; therefore, it is requested that the subparagraph be replaced with a deviated version of Clause 52.243-1 that better aligns with commercial practice. The remaining three subparagraphs of Clause 52.212-4 regarding invoices, payment and taxes, as written, are not the airline industry’s commercial practice.
FAR 52.212-4(c), Changes, currently states:
Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
As written, this clause means that only bilateral changes can be made. From time to time under CPP, the Government may need to make unilateral changes, either due to time constraints or due to the contractor’s objection to a new requirement (e.g., enactment of Congressional legislation or new/revised regulatory requirements issued by the Department of Transportation (DOT), Transportation Security Administration (TSA), or the Department of Defense (DoD)). The language in 52.212-4(c) does not allow the Government to act in the best interest of the public by restricting contract changes to only bilateral changes.
In place of 52.212-4(c), a deviation is requested to utilize Alternate I of FAR Clause 52.243-1 (APR 1984), which would allow the Government to make unilateral changes to the contract as needed. FAR 52.243-1 Changes – Fixed Price (Alternate I) (APR 1984) currently states:
This FAR clause requires a deviation to strike out paragraphs (a)(2) and (a)(3), which would allow the Contracting Officer to make changes in the time and place of performance. This is a contract for scheduled commercial air passenger transportation services, and thus, the Government cannot establish the times or routes of flights. Time and place of performance is determined by the commercial industry practice. The deviated clause will read in its entirety as follows:
FAR 52.212-4(g), Invoice, currently states:
The above invoicing procedure is not applicable because airline tickets under CPP are purchased through commercial charge card services under contract with GSA or through Government Transportation Requests (GTRs) and because tickets are normally purchased through GSA’s E-Gov Travel Service contract(s), Travel Management Centers, or a Commercial Travel Office. This deviation request will simply remove this subparagraph of FAR 52.212-4 from the contract.
FAR 52.212-4(i), Payment, currently states:
For CPP, the primary means of payment are (1) the use of individually or centrally-billed accounts established under a GSA contract for travel card services and (2) GTRs.
Limiting the available forms of payment affords the Government the control necessary to permit only authorized users access to the GSA contract fares, thereby helping to ensure that the airlines participate in CPP. This deviation request will remove the subparagraph as written and substitute it with the following language that more accurately addresses payment provisions:
The contract carrier agrees to accept payment through all of the following methods: 1) individually or centrally billed Government travel accounts issued under a GSA contract (see Federal Travel Regulation (FTR) 301-72.3 (41 CFR 301-72.3)); and 2) Government Transportation Requests (GTRs) in electronic or paper format. GTRs may be used to pay for international air travel and other travel related expenses. For domestic air travel (other than §C.12(4)), GTRs may be used only under special circumstances and for travel related expenses. Special domestic circumstances are defined as acts of God, emergency situations, and when purchasing a domestic ticket in the USA in conjunction with travel that originated overseas.
Individually or centrally-billed travel account charge transactions must be processed by carriers in the same manner as commercial charge transactions. GTRs must be processed according to the Federal Management Regulation (FMR) Part 102-118 (41 CFR Part 102-118).
Fares offered under CPP are heavily discounted compared to standard commercial fares, as such, airlines are concerned that CPP fares will become accessible to users other than those authorized by the contract. The Travel and Transportation Reform Act of 1998 (Public Law 105-264) directs Federal employees to use Federal travel charge cards (i.e., the GSA SmartPay® card) for all payments of expenses of official Government travel. The GSA SmartPay® card is an effective form of payment to control access to deeply discounted CPP fares as the card number denotes mandatory users versus non-mandatory users. The airline carriers programmed their automated sales systems to recognize the GSA SmartPay® account structure in order to display the contract fares. This automation results in point-of-sale discounts world-wide. In addition, GSA’s E-Gov Travel Systems and the Department of Defense, Defense Travel System have been programmed to recognize the GSA SmartPay® card as an authorized form of payment.
FAR 52.212-4(k), Taxes, currently states:
The contract price includes all applicable Federal, State, and local taxes and duties.
CPP contract fares for international, fifth freedom of the air [1], international business class, and international premium economy class line items are not exempt from taxes imposed by foreign governments. The above clause does not encompass taxes and fees applicable to international, fifth freedom of the air, international business class, and international premium economy class line items. This deviation request will strike out the subparagraph as written and substitute it with the following language that more accurately addresses tax provisions. Please note, the text relating to fuel surcharges, §C.11(c), does not require a deviation request and, thus, is not necessary to address in the approval of this waiver request.
The Travel Acquisition Support Branch (QMACB) is requesting a deviation from the following subparagraphs in FAR Clause 52.216-21 Requirements (OCT 1995):
The above-referenced subparagraphs of Clause 52.216-21 regarding performance and purchase requirements do not adequately meet CPP’s needs; therefore, it is requested that the subparagraphs be removed and replaced with deviated versions that better align with the requirements of the CPP contract.
FAR 52.216-21(b), currently states:
Delivery or performance shall be made only as authorized by orders [2] issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
As written, this language contemplates that orders will be issued in accordance with the Ordering clause. The Ordering clause (FAR 52.216-18 Ordering) is not included in the CPP solicitation/contract as it contemplates the issuance of delivery orders and/or task orders, neither of which are issued against the CPP contract. A deviation is requested to replace “Ordering clause” in the first and second sentences of FAR 52.216-21(b) with:
“terms and conditions of the City Pair Program contract.”
The second sentence of FAR 52.216-21(b) also references the Order Limitations clause (FAR 52.216-19 Order Limitations). The CPP contract does not include FAR 52.216-19 Order Limitations, which establishes minimum and maximum order thresholds. As CPP does not establish any order limitations, this language is not applicable. As such, this portion of the FAR clause requires a deviation to strike out the “Order Limitations clause or elsewhere” language.
The deviated subparagraph will read in its entirety as follows:
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering Clause terms and conditions of the City Pair Program contract. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering Clause terms and conditions of the City Pair Program contract. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
FAR 52.216-21(d), currently states:
The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
This language is not applicable to the CPP contract as it does not establish any limits on total orders. As such, this portion of the FAR clause requires a deviation to strike out the aforementioned language.
FAR 52.216-21(e), currently states:
If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
The Government does not have a need for accelerated delivery of services under the CPP contract as the CPP contract’s scope provides for air passenger transportation that is already “scheduled” by industry as commercial service. This deviation will remove this subparagraph of FAR 52.216-21 from the contract, as it is not applicable.
FAR 52.216-21(f), currently states:
Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after __________ [insert date].
Flights may be procured through the CPP contract from the commencement of the period of performance as stated in the contract or date of award (whichever is later) through its expiration, including option periods. The contract has two (2) option periods that, if exercised, could extend the contract by up to an additional three (3) months. A flight could be purchased on the last day of the CPP contract and not occur until after the CPP contract expires. A deviation is necessary to require the contract carrier to honor any tickets issued prior to contract expiration for flights occurring after contract expiration.
In place of 52.216-21(f), a deviation is requested to replace the “Ordering clause” language with:
Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to perform under this contract after the date in which all orders issued prior to contract expiration with dates(s) of order fulfillment after contract expiration have been completed.
The deviated clause, FAR 52.216-21 Requirements (OCT 1995), will read in its entirety as follows:
No impact on another service.
Approval of the deviation request will enhance competition by more closely aligning with commercial practices in these areas. It will also afford seamless integration among multiple Government programs/contracts, including the E-Government Travel Service, Defense Travel System and GSA SmartPay® travel charge cards.
The alternative is to proceed with the current acquisition strategy by including the unaltered FAR Clause 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023). This alternative is not recommended because not deviating from 52.212-4(c) to use FAR Clause 52.243-1, Changes – Fixed Price (AUG 1987) (ALTERNATE I – APR 1984) could result in detrimental delays or difficulties in implementing certain contract changes. This alternative would not meet the Government’s needs as it overly restricts the Government’s ability to act in the public interest. In addition, it is not recommended because the procurement would not align with the standard practices of the commercial airline industry. As a result, the airline carriers’ participation may decrease. Reduced competition and requiring carriers to build special processes to accommodate the clause as written would likely result in increased fare prices.
For FAR Clause 52.216-21 Requirements (OCT 1995), the alternative is to proceed with the current acquisition strategy by including the unaltered clause. This alternative is not recommended because not deviating from 52.216-21 could result in confusion or difficulties in implementing certain aspects of the CPP contract as there is language included in the clause that is not applicable to CPP requirements.
Current contractor and Government systems have already adapted to this process.
Initiation for this class deviation request is immediate for the upcoming FY26 procurement cycle. All contractors and customers understand the deviations as most have been in place for numerous years. All contractors are in compliance with the terms of the deviations as written because all reflect commercial airline industry standard practices.
Continual monitoring of commercial airline industry standards regarding these deviations will occur throughout the procurement cycles. Changes to industry standards will be noted and appropriate adjustments will be made, if necessary. However, most deviations in this request are long standing and are unlikely to change during the upcoming procurement cycles.
N/A
[1] Fifth Freedom of the Air ̶ A scheduled air service right or privilege, granted by a foreign country to American carriers to put down and take on passengers in its territory, where the American carrier flies between two (2) foreign countries on a flight which either originated in or is ending in the United States (e.g., an American carrier moving traffic between Japan and Thailand on scheduled service from the United States to Japan to Thailand). The use of the terms “freedom” and “right” confer entitlement to operate such scheduled air passenger services only within the scope of the multilateral and bilateral treaties (air service agreements) that allow them, and which carriers have authority.
[2] For the purposes of this document, “orders” as referenced herein, are defined as flights ordered against the City Pair Program contract and are not considered to be Delivery or Task Orders.
U.S. General Services Administration
Office of Travel, Transportation and Logistics Categories/Office of Acquisition Operations/Center for
Travel and Transportation Determination and Findings for the
FY2026-FY2030 GSA City Pair Program Contract Five (5) Year Approval
FINDINGS
The CPP requirement is solicited annually, and the D&F has been perpetually submitted for approval with little to no updates. A five-year approval is being requested to enhance the overall efficiency and reduce the amount of time and effort that in the past was utilized to review and re-approve this document annually. If substantial unforeseen changes do transpire, the D&F will be updated and resubmitted for approval if/when necessary. While the circumstances giving rise to the D&F request are unlikely to change during the upcoming procurement cycles, the potential transformative nature of the commercial airline industry makes a FAR revision potentially too restrictive in the face of uncertain changes. Nevertheless, CPP’s 5-year D&F request is predicated upon the basis that the previous D&F’s have been approved with little to no updates, and forecasts that minimal change is likely to happen within the next 5 years.
This D&F explains the rationale for each differing term and condition and their relative importance to the purpose and performance of CPP, as well as the rationale for approving the waiver for FY26 through completion of the FY30 CPP contracts. The expiration date of this D&F is December 31, 2030 (to encompass all option periods of the FY 30 CPP contracts, if exercised). The areas that are inconsistent with customary commercial practices are: (a) added requirement for Department of Defense (DoD) safety approval; (b) added requirement for contractors to participate in the Civil Reserve Air Fleet (CRAF) Program; (c) the Changes clause; and (d) the provision allowing fuel surcharges subject to certain terms and conditions.
Commercially, safety approval from the Federal Aviation Administration (FAA) is required before airlines are certified. To be considered for a CPP contract award, offerors must have approval from both the FAA and the DoD Air Carrier Survey and Analysis Office.
The DoD safety approval requirement arises out of 32 C.F.R. Part 861, DoD Directive 4500.53, and 10 U.S.C. § 2640. There is no similar requirement for civilian agencies. In order to permit the DoD to use the CPP contracts, the DoD safety approval requirement must be included and, thereby, would apply to this solicitation and resultant award for both DoD and civilian agency use of scheduled air passenger transportation services. Based on past years, DoD has been the largest customer of scheduled air passenger transportation services contract awards. This volume provides greater leveraging of both civilian and DoD requirements, thereby increasing the likelihood of carrier participation and the potential benefits of competition. In addition, by permitting DoD use of the CPP contracts, the Government avoids the expense of separate solicitations and contracts for DoD and civilian agencies.
Therefore, the commercial practice will not meet the minimum needs of the Government. The following language will be included in the CPP FY26-30 solicitations and/or contracts:
Prior to award, in accordance with the provisions of 32 CFR 861.4, DoD Air Transportation Quality and Safety Requirements, DoD approval is required for all offerors and their U.S. air carrier codeshare partners proposed for service on offered line items. All offerors and their U.S. air carrier codeshare partners proposed for service on offered line items must remain in an approved status throughout the period of performance for the contract.
In accordance with 32 CFR 861.6(b), foreign air carriers performing any portion of a line item awarded to a U.S. air carrier under this solicitation pursuant to a code-sharing agreement with that U.S. air carrier, are generally not subject to DoD survey and approval under Sections 861.4 and 861.5. However, DoD will periodically review the performance of such foreign carriers. This review may consist of recurring performance evaluations, periodic examination of the U.S. code-sharing carrier’s operational reviews and assessments of the foreign carrier, and, where appropriate and agreed to by the air carriers concerned and DoD, on-site surveys of the foreign air carrier. Such carriers must also meet the 12 months prior experience requirement of 32 CFR 861.4(e)(1).
See §K.8 for instructions on submitting representation of air carrier quality and safety.
RFP/Contract
K8. AIR CARRIER QUALITY AND SAFETY (Please complete via CALM CPSS)
Any offeror proposing to serve a line item through a codeshare arrangement with a foreign air carrier must represent that the offeror has reviewed the foreign carrier’s operations and maintenance and based on that review has determined that the foreign air carrier provides a substantially equivalent level of quality and safety as that provided in the offeror’s commercial practice. For purposes of the representation, substantially equivalent means that the foreign air carrier’s operations and maintenance function largely, but not wholly, in the same manner as the offeror’s operations and maintenance. To be eligible for award on international routes (line items), the offeror must make the representation if the offeror proposes to provide service through foreign codeshare air carriers.
Prior to award, DoD must review and approve all offerors and their U.S. air carrier codeshare partners proposed for service on offered line items. Foreign air carriers performing any portion of a route (line item) awarded to a U.S. air carrier under this solicitation pursuant to a code-sharing agreement with that U.S. air carrier, are generally not subject to DoD survey and approval. DoD review of offerors and their U.S. and foreign codeshare air carriers will be based on the criteria specified in 32 CFR Subparts 861.4 and 861.6, respectively. The 12 month experience requirement at 32 CFR 861.4(e)(1) as provided in 32 CFR 861.6(b) must be met by foreign codeshare air carriers by the date of contract award.
At any time during the period of performance, if the servicing carrier (the contract carrier or codeshare partner) loses DoD approval for any reason related to 32 CFR Part 861, then GSA may re-award the affected contract line item(s) until such time as DoD approval of the servicing carrier is restored.
CALM CPSS (incorporated by reference)
K.8 Air Carrier Quality and Safety
☐ Not Applicable
(a) By checking the box below, the offeror proposing to serve a line item through a codeshare arrangement with a foreign air carrier represents that the offeror has reviewed the foreign carrier’s operations and maintenance and based on that review has determined that the foreign air carrier provides a substantially equivalent level of quality and safety as that provided in the offeror’s commercial practice. For purposes of this representation, substantially equivalent means that the foreign air carrier’s operations and maintenance function largely, but not wholly, in the same manner as the offeror’s operations and maintenance. To be eligible for award on international routes (line items), the offeror must make the representation below if the offeror proposes to provide service through foreign codeshare air carriers.
☐ The offeror represents that it has reviewed the operations and maintenance of each foreign codeshare air carrier to be used by the offeror to provide service under this contract and based on the review(s) has determined that the foreign air carrier(s) provide(s) a substantially equivalent level of quality and safety as that provided in the offeror’s commercial practice.
(b) Prior to award, DoD shall review and approve all offerors and their U.S. air carrier codeshare partners proposed for service on offered line items. Foreign air carriers performing any portion of a route (line item) awarded to a U.S. air carrier under this solicitation pursuant to a code-sharing agreement with that U.S. air carrier, are generally not subject to DoD survey and approval. DoD review of offerors and their U.S. and foreign codeshare air carriers will be based on the criteria specified in 32 CFR Subparts 861.4 and 861.6, respectively. The 12 month experience requirement at 32 CFR 861.4(e)(1) as provided in 32 CFR 861.6(b) must be met by foreign codeshare air carriers by the date of contract award.
(c) At any time during the period of performance, if the servicing carrier (the contract carrier or codeshare partner) loses DoD approval for any reason related to 32 CFR Part 861, then GSA may re-award the affected contract line item(s) until such time as DoD approval of the servicing carrier is restored.
The CRAF Program is made up of U.S. commercial air carriers that voluntarily commit cargo and passenger aircraft to support military airlift requirements during national security emergencies. Initially, CPP contract carriers were not required to participate in the CRAF program as it was not considered to be standard commercial practice. However, participation in the CRAF program became required in order to strengthen DoD’s ability to meet the Government’s airlift requirements during national security emergencies. As a result of the CPP’s requirement to participate in the CRAF Program, all offerors must participate in the CRAF Program or receive a Letter of Technical Ineligibility from the United States Transportation Command (USTRANSCOM).
The following language will be included in the solicitation and resultant contract:
(a) In order to receive a contract award under this solicitation, all offerors must participate in the CRAF Program or, in the alternative, receive a Letter of CRAF Technical Ineligibility from the Air Mobility Command (AMC), DOD Commercial Airlift Division (AMC/A3B).
(b) CRAF eligible carriers are Federal Aviation Regulations Part 121 certified carriers with international over water or domestic only capability. For a copy of the solicitation, or to determine technical eligibility, contact:
USTRANSCOM, TCAQ-C
Building 1900 W
508 Scott Drive
Scott AFB, IL 62225-5357
618-817-9483
DoD Commercial Airlift Division
HQ AMC/A3B
POW-MIA Dr
Scott AFB, IL 62225-5302
618-229-4801
During the entire period of this contract, the contract carrier must participate in the CRAF Program or have been certified as technically ineligible for CRAF membership. GSA will terminate this scheduled air passenger transportation services contract for cause in accordance with FAR 52.212-4 (m) Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023), Termination for Cause, of this contract for failure of the contract carrier to maintain the conditions set- forth above.
See §K.9 to submit offeror certification of CRAF status.
RFP/Contract
CRAF CERTIFICATION (Please complete via CALM CPSS)
The offeror must certify its CRAF Program status per §H.5.
CALM CPSS (incorporated by reference)
K.9 CRAF CERTIFICATION
The offeror hereby certifies that it:
☐ Has a CRAF contract; or
☐ Has offered to participate in the Civil Reserve Air Fleet
OR
☐ Has a Letter of CRAF Technical Ineligibility; or
☐ Has applied for a Letter of CRAF Technical Ineligibility.
Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
This clause means that only bilateral changes can be made.
From time to time under CPP, the Government may need to make unilateral changes due to enactment of legislation or new/revised regulatory requirements issued by FAA or DoD, etc.
In place of 52.212-4(c), a deviated version of FAR Clause 52.243-1 Changes – Fixed Price (AUG 1987) (Alternate I – APR 1984) will be used. The deviation from the FAR Clause strikes subparagraphs (a)(2) and (a)(3), which would have allowed the Contracting Officer to make changes in the time and place of performance. This is a contract for scheduled commercial air passenger transportation services, and thus, the Government cannot establish the times or routes of flights. The clause will read as follows:
(End of Clause)
Commercially, airlines routinely implement fuel surcharges for certain routes and remove them with little or no notice if no other carrier(s) match(es) the fees. This commercial practice would result in volatility and potential administrative costs for CPP. Therefore, in the solicitation, fuel surcharges must be in place for a minimum of 14 consecutive days commercially before the surcharges may be applied to CPP contract fares. This deviation from commercial practice ensures greater fare stability within CPP, enables travel agents to be properly notified, and adjustments made to electronic systems, such as the Defense Travel System (DTS), the E-Gov Travel Service 2 (ETS2), and E-Gov Travel Service, Next Generation (ETSNext) to prepare for the fuel surcharge changes.
The language in C.11 (c) TAXES, FEES, AND FUEL SURCHARGES and I.2, Incorporated Clauses, I-FBG-LS001 ECONOMIC PRICE ADJUSTMENT FOR FUEL SURCHARGES- CITY PAIR PROGRAM (CPP) (JAN 2016) is as follows:
[…]
(c) Fuel surcharges are governed by §I.2, Incorporated Clauses, I-FBG- LS001 Economic Price Adjustment for Fuel Surcharges - City Pair Program (CPP) (JAN 2016).
During the contract period and any exercised option periods, a fuel surcharge may be assessed as part of a contract fare at the time of ticketing under the following conditions:
A carrier shall report to the GSA Contracting Officer in writing when a fuel surcharge is imposed, identifying the start date of that commercial fuel surcharge and the amount of the fuel surcharge on a line item by line item basis. A carrier shall also identify the booking inventories (buckets) corresponding to the YCA, _CA, and _CB to which the fuel surcharge applies commercially. When notifying GSA of fuel surcharge implementation, for any fuel surcharge that was initiated after the date of submission of the carrier’s offer to GSA but before the contract effective date, the carrier shall include in its submission a written representation that the original offer price did not include any amount for anticipated fuel surcharges. If the offered price did include an amount to offset anticipated fuel surcharge, the carrier must state the dollar amount included in the offer and GSA will address the matter with the carrier. When notifying GSA of a new (or updated) fuel surcharge, the carrier must submit the fuel surcharge information in a spreadsheet of the following format (enter 0 for no fuel surcharge) and obtain written approval, prior to imposing fuel surcharges on CPP fares, from the CPP Contracting Officer that the fuel surcharge application is verified and acceptable:
| Airline | Item # | Origin City Code or Airport Code and Name | Destination City Code or Airport Code and Name | YCA FSC 1 way in USD | _CA FSC 1 way in USD | _CB FSC 1 way USD | Date when imposed commercially | Date when applicable to CPP |
|---|---|---|---|---|---|---|---|---|
| Airline name | 1855 | DCA | LAX | $10 | $0 | $0 | 9/1/20XX | 10/1/20XX |
| Airline name | 5866 | WAS | FRA | $50 | $30 | $0 | 10/15/20XX | 10/29/20XX |
Note: Where applicable, domestic is always first when listing origin city/airport code, and international is always second when listing destination city/airport code.
Whenever a fuel surcharge is updated (whether an increase or a decrease), the complete spreadsheet must be submitted in its entirety. The spreadsheet must include both changed fuel surcharge amounts and effective dates and also unchanged fuel surcharge amounts and effective dates. In addition, the carrier shall provide substantiating documentation that the fuel surcharge has been applied commercially for the 14-day period. Upon receipt of the documents, the GSA Contracting Officer shall acknowledge receipt of the required materials within 2 business days and complete the review of the fuel surcharge request within 10 business days, unless otherwise notified by the GSA Contracting Officer. If the Government requires more time for review, it shall indicate in the receipt acknowledgement what the alternative review schedule will be. A carrier shall not impose any fuel surcharge unless written approval from the Contracting Officer is received.
(End of clause)
I hereby determine that based on the foregoing, a waiver from the requirements of FAR 12.302(c) should be approved as being in the best interests of the Government.
PREPARED AND DIGITALLY SIGNED BY: James Santini, Contracting Officer, Travel Acquisition Support Branch (QMACB)
CONCURRENCES (via digital signature):
Craig Heggestad, Branch Chief, Travel Acquisition Support Branch (QMACB)
Dallas Brewer, Director, Center For Travel And Transportation (QMAC)
Rebecca A. Koses, Director, Office Of Acquisition Operations (QMA)
Mary Gartland, Director, City Pairs Program Division (QMC1A)
LEGALLY SUFFICIENT (via digital signature): Stephan Polsdofer, Assistant General Counsel, Personal Property Division (LP)
CONCURRENCES (via digital signature):
Timothy J. Burke, Executive Director, Office of Travel, Employee Relocation, and Transportation (QMC)
Crystal Philcox, Head of Contracting Activity (HCA), Assistant Commissioner, Office of Travel, Transportation & Logistics (TTL) Categories
APPROVED AND DIGITALLY SIGNED BY: Nicholas West, Acting Senior Procurement Executive, Office of Acquisition Policy
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Rates for Alaska, Hawaii, and U.S. territories and possessions are set by the Department of Defense.
Rates for foreign countries are set by the Department of State.
Rates are available between 10/1/2022 and 09/30/2025.
The End Date of your trip can not occur before the Start Date.
Traveler reimbursement is based on the location of the work activities and not the accommodations, unless lodging is not available at the work activity, then the agency may authorize the rate where lodging is obtained.
Unless otherwise specified, the per diem locality is defined as "all locations within, or entirely surrounded by, the corporate limits of the key city, including independent entities located within those boundaries."
Per diem localities with county definitions shall include"all locations within, or entirely surrounded by, the corporate limits of the key city as well as the boundaries of the listed counties, including independent entities located within the boundaries of the key city and the listed counties (unless otherwise listed separately)."
When a military installation or Government - related facility(whether or not specifically named) is located partially within more than one city or county boundary, the applicable per diem rate for the entire installation or facility is the higher of the rates which apply to the cities and / or counties, even though part(s) of such activities may be located outside the defined per diem locality.
U.S. General Services Administration