41 C.F.R. Subpart 109–38.3—Official Use of Government Motor Vehicles
Title 41 - Public Contracts and Property Management
This subpart prescribes the requirements governing the use of Government motor vehicles for official purposes by designated contractors. The use of Government motor vehicles by officers and employees of the Government is governed by the provisions of 41 CFR 101–6.4 and section 109–6.4 of this chapter. Heads of field organizations shall ensure that provisions of the FPMR concerning contractor use of Government motor vehicles are complied with by their designated contractors. (a) Government motor vehicles shall not be used for transportation between residence and place of employment by designated contractor personnel except under extenuating circumstances specifically provided for under the terms of the contract. Examples of circumstances eligible for prior approval of home-to-work motor vehicle use which would be appropriate to include in the terms of the contract include: use related to safety or security operations, use related to compelling operational considerations, and use determined as cost effective to DOE's interest. Under no circumstances shall the comfort and convenience, or managerial position, of contractor employees be considered justification for authorization of use. (b) The use of Government motor vehicles for transportation between residence and place of employment (including sporadic use) by designated contractor personnel shall be approved in writing by the Head of the field organization or designee, with delegation no lower than the Assistant Manager for Administration at the Operations Offices or the equivalent position at other DOE contracting activities provided that the individual is a warranted contracting officer. The contractor's request for approval shall include the name and title of the employee, the reason for the use, and the expected duration of the use. Each authorization is limited to one year, but can be extended for an unlimited number of additional one-year periods. (a) Procedures for authorization of designated contractor use of Government motor vehicles in emergencies, including unscheduled overtime situations at remote sites where prior approval is not possible, shall be included in a contractor's approved property management procedures. The procedures shall include examples of emergency situations warranting such use. Records detailing instances of emergency use shall be maintained and review of all such emergency or overtime use must be certified through established audit procedures on at least an annual basis by the OPMO. (b) In limiting the use of Government motor vehicles to official purposes, it is not intended to preclude their use in emergencies threatening loss of life or property. Such use shall be documented and the documentation retained for three years. Designated contractors shall maintain logs or other records on the use of a Government motor vehicle for transportation between an employee's residence and place of employment. As a minimum, these logs shall indicate the employee's name, date of use, time of departure and arrival, miles driven, and names of other passengers. Cognizant finance offices shall be provided with applicable data on employees who utilize Government motor vehicles for such transportation for purposes of the Deficit Reduction Act of 1984 concerning the taxation of fringe benefits. Designated contractors shall assure that their employees are aware of their responsibilities, identical to those listed in §109–6.400–50 of this chapter for DOE employees, concerning the use and operation of Government motor vehicles.
Title 41: Public Contracts and Property Management
PART 109–38—MOTOR EQUIPMENT MANAGEMENT
Subpart 109–38.3—Official Use of Government Motor Vehicles
§ 109-38.300 Scope.
§ 109-38.301 Authorized use.
§ 109-38.301-1 Contractors' use.
§ 109-38.301-1.50 Authorization for transportation between residence and place of employment.
§ 109-38.301-1.51 Emergency use.
§ 109-38.301-1.52 Maintenance of records.
§ 109-38.301-1.53 Responsibilities of motor vehicle operators.
