Low RiskDFARSGeneral

252.229-7009Relief from customs duty and value added tax on fuel (passenger vehicles) (United Kingdom).

Researched by the BidStride Research Team

What This Clause Requires

DFARS 252.229-7009 — Relief from customs duty and value added tax on fuel (passenger vehicles) (United Kingdom).. This clause is part of the Defense Federal Acquisition Regulation Supplement and applies specifically to Department of Defense contracts.

Official Regulation Text

252.229-7009 Relief from customs duty and value added tax on fuel (passenger vehicles) (United Kingdom). As prescribed in 229.402-70(i), use the following clause: Relief from Customs Duty and Value Added Tax on Fuel (Passenger Vehicles) (United Kingdom) (JUN 1997) (a) Pursuant to an agreement between the United States Government and Her Majesty's (HM) Customs and Excise, fuels and lubricants used by passenger vehicles (except taxis) in the performance of this contract will be exempt from customs duty and value added tax. Therefore, the procedures outlined in HM Customs and Excise Notice No. 431B, August 1982, and any amendment thereto, shall be used to obtain relief from both customs duty and value added tax for fuel used under the contract. These procedures shall apply to both loaded and unloaded miles. The unit prices shall be based on the recoupment by the Contractor of customs duty in accordance with the following allowances: (1) Vehicles (except taxis) with a seating capacity of less than 29, one gallon for every 27 miles. (2) Vehicles with a seating capacity of 29-53, one gallon for every 13 miles. (3) Vehicles with a seating capacity of 54 or more, one gallon for every 10 miles. (b) In the event the mileage of any route is increased or decreased within 10 percent, resulting in no change in route price, the customs duty shall be reclaimed from HM Customs and Excise on actual mileage performed. (End of clause) [62 FR 34134, June 24, 1997]

Source: eCFR, 48 CFR 252.229-7009 (https://www.ecfr.gov/current/title-48/section-252.229-7009)

Compliance Checklist

  • 431B, August 1982, and any amendment thereto, shall be used to obtain relief from both customs duty and value added tax for fuel used under the contract.
  • These procedures shall apply to both loaded and unloaded miles.
  • The unit prices shall be based on the recoupment by the Contractor of customs duty in accordance with the following allowances: (1) Vehicles (except taxis) with a seating capacity of less than 29, one gallon for every 27 miles.
  • (b) In the event the mileage of any route is increased or decreased within 10 percent, resulting in no change in route price, the customs duty shall be reclaimed from HM Customs and Excise on actual mileage performed.

Flow-Down to Subcontractors

No flow-down required

This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.