contractor use of GSA Fleet vehicles (regardless of the type of contract or the number of vehicles involved) in order to assess GSA Fleet vehicle availability. The only circumstance in which vehicle availability is generally not an issue is when the vehicles to be used by the contractor are already in place, either on assignment to the contracting agency or to a predecessor contractor. Even in such cases, however, all of the applicable requirements for authorization and/or approval of use of GSA Fleet vehicles by the contractor must be satisfied. Another practical consideration is that the FAR imposes a special approval requirement for other than cost reimbursement contracts. See FAR 51.201(c).

- 3. THE TWO TYPICAL TYPES OF CONTRACTS

## A. Cost Reimbursement Contracts:

An authorized contractor may be provided GSA Fleet vehicles when the contracting agency has complied with the FAR provisions and provided the documentation/authorization required by the FAR. (See FAR 51.200 - 51.205). This authorized use is contingent upon vehicle availability. Compliance with these FAR provisions does not guarantee that GSA Fleet will provide vehicles; it only makes the contractor eligible to use GSA Fleet vehicles. Vehicles may not be available to fill the request. It is important for Contracting Officers to contact GSA Fleet about vehicle availability at the earliest time possible during the procurement process, and certainly before a solicitation is issued. To obtain GSA Fleet vehicles, the Contracting Officer or an authorized contractor must provide the servicing GSA Fleet Management Center (FMC) with the written agency authorization. In the case of a request for more than five (5) vehicles, the written agency authorization, containing the information specified in the FAR is to be sent to the General Services Administration, QMD, Washington, DC 20405. (See FAR 51.203(a).) The Contracting Officer's authorization must contain all of the specific information outlined in FAR 51.202. GSA Fleet will not negotiate with an agency's contractor on behalf of the soliciting/contracting agency to obtain the necessary information for the required authorization, as this is the contracting agency's responsibility under the FAR. Upon receipt of a Contracting Officer's authorization, GSA Fleet will review the authorization and request for GSA Fleet vehicles and will determine if resources are available to support the contract.

## B. Fixed Price Contracts:

Fixed Price Contractors are only eligible to use GSA Fleet vehicles and related services if approved by GSA (see FAR 51.201(c) and 41 CFR 101-39.202(d)). In order for GSA to consider a request from the soliciting/contracting agency for use of GSA Fleet vehicles by a fixed price contractor, the Contracting Officer must comply with all of the requirements for cost reimbursement contracts, as outlined above. The purpose of this approval process is to ensure that savings accrued through the use of GSA Fleet vehicles is realized by the government. The approval authority has been delegated to the Assistant Commissioner, Office of Travel, Motor Vehicles, and Card Services (QM). The agency's Contracting Officer must comply with the requirements of FAR 51.200 - 51.205. In addition, the Contracting Officer's request to GSA must include information demonstrating that such authorization will reduce the cost to the government rather than serve as a benefit to the fixed price contractor by submitting any of the following:

- (1) provide to GSA Fleet a cost study and resultant Findings/Determination that demonstrates the cost savings (in dollars) that will result through the use of GSA Fleet vehicles by the fixed price contractor and written assurance that the savings will accrue to the government; or
- (2) Include language in the solicitation/request for proposals informing prospective offerors that the government will consider allowing the contractor to use GSA Fleet vehicles and related services in performance of the contract if such use will result in a significant savings to the government