252.228-7007 — Public Aircraft and State Aircraft Operations—Liability.

DFARS 252.228-7007 — Public Aircraft and State Aircraft Operations—Liability.. This clause is part of the Defense Federal Acquisition Regulation Supplement and applies specifically to Department of Defense contracts.

252.228-7007 Public Aircraft and State Aircraft Operations—Liability. As prescribed in 228.371(f), use the following clause: Public Aircraft and State Aircraft Operations—Liability (MAR 2023) (a) Definitions. As used in this clause— Civil aircraft means an aircraft other than a public aircraft or state aircraft. Public aircraft means an aircraft that meets the definition in 49 U.S.C. 40102(a)(41) and the qualifications in 49 U.S.C. 40125. Specifically, a public aircraft means any of the following: (1) An aircraft used only for the Government, except as provided in paragraphs (5) and (7) of this definition. (2) An aircraft owned by the Government and operated by any person for purposes related to crew training, equipment development, or demonstration, except as provided in paragraph (7) of this definition. (3) An aircraft owned and operated by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments, except as provided in paragraph (7) of this definition. (4) An aircraft exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments, except as provided in paragraph (7) of this definition. (5) An aircraft owned or operated by the armed forces or chartered to provide transportation or other commercial air service to the armed forces under the conditions specified by 49 U.S.C. 40125(c). In the preceding sentence, the term “other commercial air service” means an aircraft operation that— (i) Is within the United States territorial airspace; (ii) The Administrator of the Federal Aviation Administration determines is available for compensation or hire to the public; and (iii) Must comply with all applicable civil aircraft rules under title 14, Code of Federal Regulations. (6) An unmanned aircraft that is owned and operated, or e

• In the preceding sentence, the term “other commercial air service” means an aircraft operation that— (i) Is within the United States territorial airspace; (ii) The Administrator of the Federal Aviation Administration determines is available for compensation or hire to the public; and (iii) Must comply with all applicable civil aircraft rules under title 14, Code of Federal Regulations.
• Upon award, for contract performance to be conducted as a public aircraft operation, the Contractor shall be bound by the operating procedures contained in the combined regulation/instruction entitled “Contractor's Flight and Ground Operations” (Air Force Instruction 10-220, Army Regulation 95-20, NAVAIR Instruction 3710.1 (Series), Coast Guard Instruction M13020.3 (Series), and Defense Contract Management Agency Instruction 8210-1 (Series)) in effect on the date of contract award.
• (2) The Contractor, at the Contractor's expense, shall maintain adequate public liability and property damage insurance, including hull insurance for the Contractor's aircraft, during the duration of this contract, insuring the Contractor against all claims for injury or damage.
• (3) The Contractor shall maintain workers' compensation and other legally required insurance with respect to the Contractor's own employees and agents.
• (4) The Government will in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any aircraft or other equipment by, or the action of, the Contractor or the Contractor's employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage or injury in such cases.