| Clause Overview: |
Clause
AIRCRAFT FLIGHT RISK (SEP 1996)
(a) Definitions. As used in this clause—
- (1) “Aircraft,” unless otherwise provided in the Schedule, means—
- (i) Aircraft furnished by the Contractor under this contract (either before or after Government acceptance); or
- (ii) Aircraft furnished by the Government to the Contractor, including all Government property placed on, installed or attached to the aircraft; provided that the aircraft and property are not covered by a separate bailment agreement.
- (2) “Flight” means any flight demonstration, flight test, taxi test, or other flight made in the performance of this contract, or for the purpose of safeguarding the aircraft, or previously approved in writing by the Contracting Officer.
- (i) For land-based aircraft, “flight” begins with the taxi roll from a flight line and continues until the aircraft has completed the taxi roll to a flight line.
- (ii) For seaplanes, “flight” begins with the launching from a ramp and continues until the aircraft has completed its landing run and is beached at a ramp.
- (iii) For helicopters, “flight” begins upon engagement of the rotors for the purpose of take-off and continues until the aircraft has returned to the ground and rotors are disengaged.
- (iv) For vertical take-off aircraft, “flight” begins upon disengagement from any launching platform or device and continues until the aircraft has been reengaged to any launching platform or device.
- (3) “Flight crew members” means the pilot, co-pilot, and unless otherwise provided in the Schedule, the flight engineer, navigator, bombadier-navigator, and defense systems operator as required, when assigned to their respective crew positions to conduct any flight on behalf of the Contractor.
(b) This clause takes precedence over any other provision of this contract (particularly paragraph (g) of the Government Property (Cost-Reimbursement, Time-and-Materials, or Labor-Hour Contracts) clause and paragraph (c) of the Insurance—Liability to Third Persons clause).
(c) Unless the flight crew members previously have been approved in writing by the Government Flight Representative, who has been authorized in accordance with the combined regulation entitled “Contractor’s Flight and Ground Operations” (Air Force Regulation 55-22, Army Regulation 95-20, NAVAIR Instruction 3710.1C, and Defense Logistics Agency Manual 8210.1), the Contractor shall not be—
- (1) Relieved of liability for damage, loss, or destruction of aircraft sustained during flight; or
- (2) Reimbursed for liabilities to third persons for loss or damage to property or for death or bodily injury caused by aircraft during flight.
(d)
- (1) The loss, damage, or destruction of aircraft during flight in an amount exceeding $100,000 or 20 percent of the estimated cost of this contract, whichever is less, is subject to an equitable adjustment when the Contractor is not liable under—
- (i) The Government Property (Cost-Reimbursement, Time-and-Materials, or Labor-Hour Contracts) clause, and
- (ii) Paragraph (c) of this clause.
- (2) The equitable adjustment under this contract for the resulting repair, restoration, or replacement of aircraft shall be made—
- (i) In the estimated cost, the delivery schedule, or both; and
- (ii) In the amount of any fee to be paid to the Contractor.
- (3) In determining the amount of equitable adjustment in the fee, the Contracting Officer will consider any fault of the Contractor, its employees, or any subcontractor that materially contributed to the damage, loss, or destruction.
- (4) Failure to agree on any adjustment shall be a dispute concerning a question of fact within the meaning of the Disputes clause of this contract.
(e) The Contractor agrees to be bound by the operating procedures contained in the combined regulation entitled “Contractor’s Flight and Ground Operations” in effect on the date of contract award.
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