**TRAVEL MANUAL**

**February 14, 2005**

**ATTACHMENT K-1**

**CERTIFICATION FOR USE OF A NON-U.S. FLAG AIR CARRIER FOR OFFICIAL
GOVERNMENT TRAVEL**

Section 5 of the International Air Transportation Fair Competitive
Practices Act of 1974 (49 U.S.C. 1517) (Fly America Act) requires that
Government contractors and others use U.S.-flag air carriers for U.S.
Government-financed international air travel and transportation of their
personal effects or property, to the extent service by these carriers is
available. **Non-availability of a U.S.-flag air carrier must be**
**documented or the costs for a foreign-flag air carrier may result in
an unallowable cost.**

**Note: This certification is subject to audit. If the audit deems a U.
S. Flag Carrier was available, some portion of this cost may be
unallowable.**

I hereby certify that international air transportation of persons (and
their personal effects) or property by U.S. -- flag air carrier was not
available or it was necessary to use foreign flag air carrier service
for the following reasons (check one):

A. Use of U. S. Flag Carrier service would not accomplish DOE's mission,
and a foreign flag air carrier is deemed necessary.

\_\_\_ State mission and reason alternate carrier service was required:

B. For travel between a gateway airport in the United States and a
gateway airport abroad, service by U.S.-flag air carrier is not
considered available because:

\_\_\_ (1) The gateway airport abroad is the traveler's origin or
destination airport and the use of U.S.-flag air carrier service would
extend the time in travel status by 24 hours more than travel by a
foreign-flag air carrier; or

\_\_\_ (2) The gateway airport abroad is an interchange point and the
use of U.S.-flag air carrier service would require the traveler to wait
6 hours to make connections at that point, or if delayed

departure from, or accelerated arrival at, the gateway airport in the
United States would extend

time in a travel status by 6 hours more than travel by a foreign flag
air carrier.

C. For travel between two points outside the United States, the rules in
paragraphs 47.403-1(a), (b), and (c) of the FAR are applicable, but
passenger service by a U.S.-flag air carrier is not considered to be
reasonably available because:

\_\_\_ (1) Travel by a foreign-flag air carrier would eliminate two or
more aircraft changes en route;

\_\_\_ (2) One of the two points abroad is the gateway airport en route
to or from the United States and the use of a U.S.-flag air carrier
would extend the time in a travel status by at least 6 hours more than
travel by a foreign-flag air carrier, including accelerated arrival at
the over seas destination or delayed departure from the overseas origin,
as well as delay at the gateway airport or other interchange point
abroad; or

\_\_\_ (3) The travel is not part of the trip to or from the United
States and the use of a U.S.-flag air carrier would extend the time in a
travel status by 6 hours more than travel by a foreign-flag air carrier.

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Director's Signature/Date

As used in this certification:

[Gateway airport]{.underline} means the airport from which the traveler
last embarks/debarks en route to or from the United States or at which
the traveler first debarks/embarks incident to travel to or from the
United States.

[International air transportation]{.underline} means transportation by
air between a place in the United States and a place outside the United
States or between two places both of which are outside the United
States.

[U.S.-flag air carrier]{.underline} means an air carrier holding a
certificate under section 401 of the Federal

Aviation Act of 1958 (49 U.S.C. 1371).

**NOTE: A code share carrier is not considered a U.S. Carrier if they
are not flying under the U.S. Carrier\'s flag.**

**FAR CLAUSE**

FAR Clause 52.247-63 Preference for U.S.-Flag Air Carriers.

As prescribed in 47.405, insert the following clause: PREFERENCE FOR
U.S.-FLAG AIR CARRIERS (JAN 1997)

\(a\) "International air transportation," as used in this clause, means
transportation by air between a place in the United States and a place
outside the United States or between two places both of which are
outside the United States. "United States," as used in this clause,
means the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, and possessions of the United States. "U.S.-flag air
carrier," as used in this clause, means an air carrier holding a
certificate under 49 U.S.C. Chapter 411.

\(b\) Section 5 of the International Air Transportation Fair Competitive
Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires that
all Federal agencies and Government contractors and subcontractors use
U.S.-flag air carriers for U.S. Government-financed international air
transportation of personnel (and their personal effects) or property, to
the extent that service by those carriers is available. It requires the
Comptroller General of the United States, in the absence of satisfactory
proof of the necessity for foreign-flag air transportation, to disallow
expenditures from funds, appropriated or otherwise established for the
account of the United States, for international air transportation
secured aboard a foreignflag air carrier if a U.S.-flag air carrier is
available to provide such services.

\(c\) The Contractor agrees, in performing work under this contract, to
use U.S.-flag air carriers for international air transportation of
personnel (and their personal effects) or property to the extent that
service by those carriers is available.

\(d\) In the event that the Contractor selects a carrier other than a
U.S.-flag air carrier for international air transportation, the
Contractor shall include a statement on vouchers involving such
transportation essentially as follows:

STATEMENT OF UNAVAILABILITY OF U.S.-FLAG AIR CARRIERS International air
transportation of persons (and their personal

effects) or property by U.S.-flag air carrier was not available or it
was necessary to use foreign-flag air carrier service for the following
reasons (see section 47.403 of the Federal Acquisition

Regulation): \[State reasons\]:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(End of statement)

\(e\) The Contractor shall include the substance of this

clause, including this paragraph (e), in each subcontract or purchase
under this contract that may involve international air transportation.