---
kind: "section"
citation: "48 C.F.R. § 228.370-3"
title: "48"
number: "228.370-3"
heading: "Aircraft not owned by or to be delivered to the Government."
url: "https://uscodex.org/cfr/48/228.370-3"
---

# §228.370-3. Aircraft not owned by or to be delivered to the Government.

- (a) When a contract involves aircraft not owned by or to be delivered to the Government, the contracting officer may use the clause at 252.228-7001 only if the contracting officer determines that it is in the best interest of the Government.
- (b) Potential factors for the contracting officer to consider when deciding which course of action is in the best interest of the Government include, but are not limited to, whether—
  - (1) The cost of hull insurance exceeds the replacement cost of the aircraft;
  - (2) Insurance is not available (e.g., high-risk experimental flights and operations of aircraft in a war zone); or
  - (3) Ground or flight activities that involve contractor-owned and contractor-operated aircraft may pose risk to Government aircraft (e.g., due to close proximity in flight).

## Notes

### Source

Source: 88 FR 17349, Mar. 22, 2023, unless otherwise noted.

### Authority

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

### Source

Source: 56 FR 36404, July 31, 1991, unless otherwise noted.