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B-138942 1 (1980-10-20)

handle is hein.gao/gaobadiqf0001 and id is 1 raw text is: MATTER OF: DIGEST: Fly America Act - First-Class Accommoda- tions on American Carriers vs. Travel on Foreign Carriers With the limited exceptions defined at paragraph 1-3.3 of the Federal Travel Regulations, Government travelers are required to use less than first-class accommodations for air travel. In view of this policy, a U.S. air carrier able to furnish only first-class accommodations to Government travelers where less than first-class accommodations are available on a foreign air carrier will be considered unavailable since it cannot provide the air transportation needed by the agency within the meaning of paragraph 2 of the Comptroller General's guidelines implementing the Fly America Act. We have been asked to provide guidance on how the regu on-s limiting air travel to less than first-class accommodations affect implementation of the Fly America Act (49 U.S.C. § 1517) The specific issue to be addressed is whether paragraph 1-3.3 of the Federal Travel Regulations (FTR) (FPMR 101-7, as amended by Temporary Regulation A-11, Supplement 5)(means that U.S. air carrier service would be considered unavailable under the Comptroller General's guidelines of B-138942, March 12, 1976, when U.S. air carriers-gre able to furnish only first-class accommodatios. The purpose of the Fly America Act is to ensure that o ernment revenues do not benefit foreign air carriers whepa service on certificated U.S. air carriers is available.j 56 Comp. Gen. 209, 213 (1977). Under paragraph 2 of the guidelines, availability is defined as follows: Generally, passenger or freight service by a certificated air carrier is 'available' if the carrier can perform the commercial foreign air transportation needed by the agency and if the service will.accomplish the agency's mission. rI- /~ -,L~ -~ THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON D.C. 2054B FILE: B-138942 DATE: October 20 1980 11 06 5 9 2... I ~y4~ I ,

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