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B-114811 1 (1972-06-21)

handle is hein.gao/gaobabkzc0001 and id is 1 raw text is:              ,-ESTMCTED - No t6be Nleaed emtside tme General
             AcmoLm~it- Office except. on the basis ofsp2  r al
             'by the 0fi of Congaslnal K~tes
                    GOMPThOLLER GENERAL OF THE UNI 0
                REEAEDWASHINGTON, D.C. ON
            RELEASED.....



     B-114811


(K KDear Mr. Chairman:

          Your letter of April 26, 1972, referred to recent testi-
     mony by Admiral R. G. Freeman III, Deputy for Procurement and     '
     Production, Naval Material Command, regarding the groj d and
     fight riskf0. use.contained in defens.e conQtracts. In his
     testimony Admiral Freeman stated that this clause'resulted
 / from an investigation by the General Accounting Office in the
    mid-1950's. You requested further information about that in-
    vestigation and raised certain questions about the application
    and effects of the Government's policy of self-insuring its
    risks.

          Enclosed is a copy of our Report of Survey of Fire and
     Extended Coverage Insurance on 'Airplanes in Open' under Con-
     tracts with the Department of the Air Force and the Department
     of the Navy (B-114811, Nov. 6, 1953), which, we believe, is
     the General Accounting Office report referred to in Admiral
     Freeman's testimony.

          The ground and flight risk clause referred to by Admiral
     Freeman, contained in Armed Services Procurement Regula-
     tion 7-104.10 and 10-404, is used by all the armed services
     in negotiated fixed-price-type contracts for the production,
     modification, maintenance, or overhaul of aircraft. Under
     the,r' Vis'f6ns f this clause, the Government assumes all
     risk of loss or damage to such aircraft in flight or during
     certain other operations, except that the contractor is re-
     sponsible for the first $1,000 of loss or damage resulting
     from each separate event.

          Other circumstances under which the Government acts as
     a self-insurer in connection with military supply contracts
     include (1) risk of loss or damage to Government-owned prop-
     erty and equipment in the possession of contractors, (2  risk
     of loss or damage to vessels over 200 feet in length while
     under construction, and (3) risk of loss or damage to Govern-
     ment property, with the exception of the contract item itself.
     resulting from defects or deficiencies in the contract item
     when the loss or damage occurs after final acceptance of the
     contract item by the Government. In the third circumstance,
     a contractor is also relieved of liability for loss or damage
     to major contract items of high unit cost, such as missiles,
     aircraft, tanks, ships, and aircraft engines.

                                 6  O c~706-/l.

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