Use of Foreign-Flag Air Carriers Sample Clauses
The "Use of Foreign-Flag Air Carriers" clause governs when and how air transportation services provided by airlines registered in countries other than the United States may be used under a contract. Typically, this clause outlines the preference or requirement for using U.S.-flag air carriers, but also specifies exceptions where foreign-flag carriers may be permitted, such as when no U.S. carrier is available or when it is necessary for efficiency or cost reasons. Its core function is to ensure compliance with government regulations, such as the Fly America Act, while providing clear guidelines for allowable exceptions, thereby reducing ambiguity and ensuring proper use of air transportation funds.
Use of Foreign-Flag Air Carriers. There are certain circumstances under which use of a foreign-flag air carrier is permissible. These circumstances are outlined below:
1. Airline "Open Skies" Agreements: A foreign flag air carrier may be used if the transportation is provided under an air transportation agreement between the United States and a foreign government, which the Department of Transportation has determined meets the requirements of the Fly America Act. For information on "open skies" agreements in which the United States has entered, please refer to the General Services Administration’s (GSA) website at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/portal/content/103191. In 2007, the US entered into an “Open Skies” Agreement with the European Union (“EU”). This agreement was modified in June 2010. The current Agreement gives European Community airlines (airlines of Member States) the right to transport passengers and cargo on flights funded by the US government, when the transportation is between: (1) any two points outside the United States; or (2) a point in the United States and any point outside the United States that the EU airline is authorized to serve under the “Open Skies” Agreement. In 2011, two significant changes were made to the US/EU Open Skies Agreement. First, EU airlines are now granted the right to transport civilian agency-funded passengers who are NOT eligible to travel on GSA Airline City Pair Contract fares (e.g., awardees) between a point in the United States and a point outside the United States even if there is a GSA Airline City Pair Contract fare in effect between the origin and destination points. An individual, however, who is traveling on a route for which there is a City Pair Contract fare in effect, and who is eligible for such a fare (e.g., Federal employee), is required to fly on a US carrier, absent another applicable exception. Second, under the amended Agreement, EU airlines are now authorized to transport passengers between points in the United States and points outside the EU if the EU airline is authorized to serve the route under the Agreement. This includes flights that originate, arrive or stop in the EU. Prior to this change, EU airlines were limited to flying passengers between points in the US and points in the EU.
Use of Foreign-Flag Air Carriers. 1. Travel To and From the U.S. Use of a foreign-flag air carrier is permissible if:
(a) the airport abroad is the traveler's origin or destination airport, and use of U.S.-flag air carrier service would extend the time in a travel status by at least 24 hours more than travel by a foreign-flag air carrier; or
(b) the airport abroad is an interchange point, and use of U.S.-flag air carrier service would increase the number of aircraft changes the traveler must make outside of the U.S. by 2 or more, would require the traveler to wait four hours or more to make connections at that point, or would extend the time in a travel status by at least six hours more than travel by a foreign-flag air carrier.
2. Travel Between Points Outside the U.S. Use of a foreign-flag air carrier is permissible if:
(a) travel by a foreign-flag air carrier would eliminate two or more aircraft changes en route;
(b) travel by a U.S.-flag air carrier would require a connecting time of four hours or more at an overseas interchange point; or
(c) the travel is not part of the trip to or from the U.S., and use of a U.S.-flag air carrier would extend the time in a travel status by at least six hours more than travel by a foreign-flag air carrier.
Use of Foreign-Flag Air Carriers. There are limited circumstances under which use of a foreign-flag air carrier is permissible. These circumstances are outlined below:
Use of Foreign-Flag Air Carriers. A. Airline "Open Skies" Agreements: A foreign flag air carrier may be used if the transportation is provided under an air transportation agreement between the United States and a foreign government, which the Department of Transportation has determined meets the requirements of the Fly America Act. For example, in 2008, the U.S. entered into an "Open Skies" Agreement with the European Union. This Agreement gives European Community airlines (airlines of Member States) the right to transport passengers and cargo on flights funded by the U.S. government, when the transportation is between a point in the United States and any point in a Member State or between any two points outside the United States. In accordance with the Agreement, however, a U.S.-flag air carrier must be used if: (a) transportation is between points for which there is a city-pair contract fare in effect for air passenger transportation services; or (b) transportation is obtained or funded by the Secretary of Defense or the Secretary of a Military Department. The conditions for use of a Member State airline apply to non-Federal employees as well (e.g., Awardees). So, even though Awardees are ineligible for city-pair contract fares, they must still use a U.S.-flag air carrier if a city-pair contract fare exists. For information on other "open skies" agreements in which the United States has entered, please refer to GSA's website: ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/Portal/gsa/ep/▇▇▇▇▇▇▇▇▇▇▇.▇▇?contentType=GSA_BASIC&contentId=24833 &noc=T.
B. Involuntary Rerouting: Travel on a foreign-flag carrier is permitted if a U.S.-flag air carrier involuntarily reroutes the traveler via a foreign-flag air carrier, notwithstanding the availability of alternative U.S.-flag air carrier service.
Use of Foreign-Flag Air Carriers. 1. Travel To and From the U.S. Use of a foreign-flag air carrier is permissible if the airport abroad is:
(a) the traveler's origin or destination airport, and use of U.S.-flag air carrier service would extend the time in a travel status by at least 24 hours more than travel by a foreign-flag air carrier; or
(b) an interchange point, and use of U.S.-flag air carrier service would increase the number of aircraft changes the traveler must make outside of the U.S. by 2 or more, would require the traveler to wait four hours or more to make connections at that point, or would extend the time in a travel status by at least six hours more than travel by a foreign-flag air carrier.
Use of Foreign-Flag Air Carriers. In addition to Article 10 of FATC, the following provisions apply to the use of foreign flag carriers:
Use of Foreign-Flag Air Carriers. There are limited circumstances under which use of a foreign-flag air carrier is permissible. These circumstances are outlined below:
1. Airline "Open Skies" Agreements A foreign flag air carrier may be used if the transportation is provided under an air transportation agreement between the United States and a foreign government, which the Department of Transportation has determined meets the requirements of the Fly America Act. For example, in 2008, the U.S. entered into an "Open Skies" Agreement with the European Union. This Agreement gives European Community airlines (airlines of Member States) the right to transport passengers and cargo on flights funded by the U.S. government, when the transportation is between a point in the United States and any point in a Member State or between any two points outside the United States. In accordance with the Agreement, however, a U.S.-flag air carrier must be used if: (a) transportation is between points for which there is a city-pair contract fare in effect for air passenger transportation services; or (b) transportation is obtained or funded by the Secretary of Defense or the Secretary of a Military Department. The conditions for use of a Member State airline apply to non-Federal employees as well (e.g., grantees). So, even though grantees are ineligible for city-pair contract fares, they must still use a U.S.-flag air carrier if a city-pair contract fare exists. For information on other "open skies" agreements in which the United States has entered, please refer to GSA's website at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/Portal/gsa/ep/▇▇▇▇▇▇▇▇▇▇▇.▇▇?contentType=GSA_BASIC&contentI d=24833 &noc=T.
2. Involuntary Rerouting Travel on a foreign-flag carrier is permitted if a U.S.-flag air carrier involuntarily reroutes the traveler via a foreign-flag air carrier, notwithstanding the availability of alternative U.S.-flag air carrier service.
3. Travel To and From the U.S. Use of a foreign-flag air carrier is permissible if the airport abroad is:
(a) the traveler's origin or destination airport, and use of U.S.-flag air carrier service would extend the time in a travel status by at least 24 hours more than travel by a foreign-flag air carrier; or
(b) an interchange point, and use of U.S.-flag air carrier service would increase the number of aircraft changes the traveler must make outside of the U.S. by two or more, would require the traveler to wait four hours or more to make connections at that point, or would extend the time in a travel...
Use of Foreign-Flag Air Carriers entitled “Travel” of the CA-FATC describes travel allowability and requirements. End of Award Specific FATCs for NSF Cooperative Agreement AST-0836064.
Use of Foreign-Flag Air Carriers. In addition to Article 10 of FATC, the following provisions apply to the use of foreign flag carriers: