(a) The contracting officer may authorize a cost-reimbursement contractor to obtain interagency fleet management system (IFMS) vehicles and related services, if the contracting officer has -
(1) Determined that the authorization will accomplish the agency’s contractual objectives and effect demonstrable economies;
(2) Received evidence that the contractor has obtained motor vehicle liability insurance covering bodily injury and property damage, with limits of liability as required or approved by the agency, protecting the contractor and the Government against third-party claims arising from the ownership, maintenance, or use of an interagency fleet management system vehicle (IFMS);
(3) Arranged for periodic checks to ensure that authorized contractors are using vehicles and related services exclusively under cost-reimbursement contracts;
(4) Ensured that contractors shall establish and enforce suitable penalties for their employees who use or authorize the use of Government vehicles for other than performance of Government contracts (see 41 CFR 101-38.301-1);
(5) Received a written statement that the contractor will assume, without the right of reimbursement from the Government, the cost or expense of any use of interagency fleet management vehicles (IFMS) and services not related to the performance of the contract; and
(6) Considered any recommendations of the contractor.
(b) The authorization shall -
(1) Be in writing;
(2) Cite the contract number;
(3) Specify any limitations on the authority, including its duration, and any other pertinent information; and
(4) Instruct the contractor to comply with the applicable policies and procedures provided in this subpart.
(c) Authorizations to subcontractors shall be issued through, and with the approval of, the contractor.
(d) Contracting officers authorizing contractor use of interagency fleet management system (IFMS) vehicles and related services subject their agencies to the responsibilities and liabilities provided in 41 CFR 101-39.4 regarding accidents and claims.
