228.371 Additional clauses. ( a ) Use the clause at 252.228-7000, Reimbursement for War-Hazard Losses, when— ( 1 ) The clause at FAR 52.228-4, Worker's Compensation and War-Hazard Insurance Overseas, is used; and
( 2 ) The head of the contracting activity decides not to allow the contractor to buy insurance for war-hazard losses.
( b ) Use the clause at 252.228-7001, Ground and Flight Risk, in solicitations and contracts— ( 1 ) For the acquisition, development, production, modification, maintenance, repair, flight, or overhaul of aircraft owned by or to be delivered to the Government, except those solicitations and contracts— ( i ) That are strictly for activities incidental to the normal operations of the aircraft (*e.g.,* refueling operations, minor non-structural actions not requiring towing such as replacing aircraft tires due to wear and tear);
( ii ) That are awarded for purchase under FAR part 12 procedures;
( iii ) For which a non-DoD customer (including an FMS customer per 225.7305) has decided to allow the use of commercial insurance or other self-insurance;
( iv ) For commercial derivative aircraft with an FAA certificate of airworthiness maintained to FAA standards. Performance under the exception in this paragraph (b)(1)(iv) must be at a licensed and certified FAA repair station rated for the type of aircraft and work to be maintained. This exception does not apply to contracts requiring flights with contractor crewmembers;
( v ) Under which the aircraft are to be dismantled and removed from the inventory; or
( vi ) Under which the aircraft are classified as Group 1 or 2 unmanned aircraft systems per DoD Instruction (DoDI) 6055.07, Mishap Notification, Investigation, Reporting, and Record Keeping, and the purchase price of the air vehicle, including installed Government-furnished equipment, is below the cost threshold for a Class C mishap per DoDI 6055.07; or
( 2 ) Involving aircraft not owned by or to be delivered to the Government, only if the contracting officer decides that it is in the best interest of the Government. See 228.370-3.
( c ) The clause at 252.228-7003, Capture and Detention, may be used when contractor employees are subject to capture and detention and may not be covered by the War Hazards Compensation Act (42 U.S.C. 1701 *et seq.*).
( d ) Use the clause at 252.228-7005, Mishap Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles, in solicitations and contracts that involve the manufacture, modification, overhaul, or repair of aircraft, missiles, and space launch vehicles.
( e ) Use the clause at 252.228-7006, Compliance with Spanish Laws and Insurance, in solicitations and contracts for services or construction to be performed in Spain, unless the contractor is a Spanish concern.
( f ) Use the clause at 252.228-7007, Public Aircraft and State Aircraft Operations—Liability, in solicitations and contracts that do not include the clause at 252.228-7001 but involve public aircraft operations or state aircraft operations.
[56 FR 36404, July 31, 1991, as amended at 57 FR 42631, Sept. 15, 1992; 62 FR 34125, June 24, 1997; 63 FR 69006, Dec. 15, 1998; 75 FR 32644, June 8, 2010; 84 FR 65312, Nov. 27, 2019. Redesignated and amended at 88 FR 17349, Mar. 22, 2023; 88 FR 25512, Apr. 27, 2023]