DFARS 228.370-3 Aircraft not owned by or to be delivered to the Government
Subsection Defense Federal Acquisition Regulation Supplement
Facts
- Citation
- DFARS 228.370-3
- Type
- Subsection
- Supplements
- FAR Subpart 28.3 Insurance
- Last amended
- 88 FR 17346 Effective Mar 22, 2023
- Text as of
- DFARS Change May 7, 2026
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.
Text
(a) When a contract involves aircraft not owned by or to be delivered to the Government, the contracting officer may use the clause at 252.228-7001 only if the contracting officer determines that it is in the best interest of the Government.
(b) Potential factors for the contracting officer to consider when deciding which course of action is in the best interest of the Government include, but are not limited to, whether—
(1) The cost of hull insurance exceeds the replacement cost of the aircraft;
(2) Insurance is not available (e.g., high-risk experimental flights and operations of aircraft in a war zone); or
(3) Ground or flight activities that involve contractor-owned and contractor-operated aircraft may pose risk to Government aircraft (e.g., due to close proximity in flight).
Federal Register history
| Final rule | Published | Effective |
|---|---|---|
| Defense Federal Acquisition Regulation Supplement: Ground and Flight Risk (DFARS Case 2020-D027) |
Quick answers
What is DFARS 228.370-3?
DFARS 228.370-3 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Aircraft not owned by or to be delivered to the Government".
When was DFARS 228.370-3 last changed?
The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Ground and Flight Risk (DFARS Case 2020-D027)" (88 FR 17346), published Mar 22, 2023 and effective Mar 22, 2023.
Are changes to DFARS 228.370-3 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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