[Title 32 CFR 863]
[Code of Federal Regulations (annual edition) - July 1, 1997 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter VII - DEPARTMENT OF THE AIR FORCE]
[Subchapter F - AIRCRAFT]
[Part 863 - LEASING USAF AIRCRAFT AND RELATED EQUIPMENT TO NONGOVERNMENT ORGANIZATIONS]
[From the U.S. Government Publishing Office]




  32
  NATIONAL DEFENSE
  6
  1997-07-01
  false
  1997-07-01
  LEASING USAF AIRCRAFT AND RELATED EQUIPMENT TO NONGOVERNMENT ORGANIZATIONS
  
  
  
    NATIONAL DEFENSE
    Department of Defense (Continued)
    DEPARTMENT OF THE AIR FORCE
    AIRCRAFT
  


PART 863--LEASING USAF AIRCRAFT AND RELATED EQUIPMENT TO NONGOVERNMENT ORGANIZATIONS--Table of Contents




Sec.
863.0  Purpose.

                 Subpart A--Policy and Responsibilities

863.1  Leasing policy.
863.2  SAF/AQ responsibilities.
863.3  AFSC responsibilities.
863.4  AFLC responsibilities.

                  Subpart B--Basic Terms and Conditions

863.5  Authorized uses.
863.6  Lease charges.
863.7  No cost to the USG.
863.8  Risk of loss.
863.9  Indemnification of the USG.
863.10  Maintenance responsibilities.
863.11  Inspection responsibilities.
863.12  USG support.
863.13  Terminating the lease agreement.
863.14  DSAA and State Department approvals.
863.15  Flights for dignitaries.
863.16  Air show participation plan clause.

                Subpart C--Lease Requests and Evaluation

863.17  Request initiation.
863.18  SPO or ALC.
863.19  HQ AFSC or HQ AFLC.

              Subpart D--Coordination and Approval Process

863.20  Air Staff coordination.
863.21  Secretariat approval process.
863.22  Processing time.

             Subpart E--Lease Negotiation and Administration

863.23  AFSC lease negotiation.
863.24  AFLC lease negotiation.
863.25  Delegation of lease administration.
863.26  Lessee compliance.
863.27  Lessee payments.

    Authority: 10 U.S.C. 2667.

    Source: 54 FR 1169, Jan. 12, 1989, unless otherwise noted.

    Note: This part is derived from Air Force Regulation (AFR) 70-10.
    Part 806 of this chapter states the basic policies and instructions 
governing the disclosure of records and tells members of the public what 
they must do to inspect or obtain copies of the material referenced 
herein.



Sec. 863.0  Purpose.

    This part outlines United States Air Force (USAF) policies and 
procedures for leasing USAF aircraft and related equipment to 
nongovernment organizations (such as, American manufacturers) under 10 
U.S.C. 2667. The intended uses of the leased assets might include, but 
are not necessarily limited to, participation in national and 
international trade or air shows, foreign military sales or direct 
foreign sales demonstrations, independent research and development 
efforts by defense firms, and direct or indirect support of United 
States Government (USG) contracts. This part does not apply to

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military leases of USG property to foreign governments or international 
organizations (such as, North Atlantic Treaty Organization) under 
Chapter 6 of the Arms Export Control Act. This part establishes the 
responsibilities for evaluating lease requests, obtaining approvals, and 
negotiating and administering the lease agreements. This part applies to 
the Office of the Secretary of the Air Force, the Air Staff, Air Force 
Systems Command (AFSC), and Air Force Logistics Command (AFLC). This 
part requires coordination with the USAF operational commands, the Air 
Force Reserve, and the Air National Guard when their assets are under 
consideration for lease. It implements DOD Instructions 7230.7, January 
29, 1985 (32 CFR part 288), and 7230.8, June 9, 1976.



                 Subpart A--Policy and Responsibilities



Sec. 863.1  Leasing policy.

    10 U.S.C. 2667 provides the Secretary of the Air Force the authority 
to lease assets under the control of the USAF to nongovernment 
organizations. When the Secretary considers it advantageous for the 
United States, leases may be approved under such terms and conditions 
the Secretary considers will promote the national defense or be in the 
public interest. The statute provides that the property must be under 
the control of the department; not for the time needed for public use; 
and not excess property. Typically, the USAF does not lease assets which 
are otherwise available from commercial sources.



Sec. 863.2  SAF/AQ responsibilities.

    (a) The Secretary of the Air Force delegated the statutory authority 
to approve leases to the Assistant Secretary of the Air Force for 
Acquisition (SAF/AQ). Since final leasing authority rests at the 
secretariat level, field and staff elements must take care not to 
preempt or prejudice the Secretary's authority to determine whether a 
proposed lease is advantageous to the United States and what terms and 
conditions will be considered as promoting the national defense or being 
in the public interest.
    (b) SAF/AQ determines whether a lease request from a nongovernment 
organization or from a command on behalf of a nongovernment organization 
meets the general guidelines of this part. Furthermore, SAF/AQ ensures 
that the Air Staff (HQ USAF/LE, PR, XO, CC), the Office of the Secretary 
of the Air Force (SAF/AC, PA, GC), Defense Security Assistance Agency 
(DSAA), and USAF operational commands, the Air Force Reserve, or Air 
National Guard when their assets are potential lease candidates have 
coordinated, as necessary, before recommending that SAF/AQ sign a 
Determination and Finding (D&F). This document designates which command, 
normally AFSC or AFLC, will negotiate and execute the lease agreement 
and outlines the basic terms and conditions which must be contained in 
the lease. SAF/AQ makes the determination if it is unclear whether AFSC 
or AFLC should assume a particular leasing action. The determination and 
finding format for authority to lease United States government property 
is shown below.

                    Determination and Finding Format

    The Department of the Air Force (USAF) proposes to lease aircraft to 
     for a      period. (Describe the details of the proposed lease 
activity.) As consideration for the lease, the lease will contain the 
following additional terms and conditions:
    (1) The leased property shall not be transferred, encumbered, or 
used for other purposes without the written consent of the Secretary of 
the Air Force.
    (2) The leased property shall be furnished ``as is'' without any 
warranty, express or implied, as to serviceability, fitness for use, or 
other matters.
    (3) The lessee shall pay the United States Government (USG) all 
rent, costs, and charges associated with the use of the leased property 
while under lease according to 32 CFR part 288 and this Determination 
and Finding.
    (4) The lessee shall maintain the leased property during the term of 
the lease in a safe and serviceable condition according to prescribed 
USAF standards or pay the full cost of any such maintenance accomplished 
by the USG.
    (5) Support provided by the USG, if any, shall be on a 
noninterference, reimbursable basis, including use of support aircraft, 
equipment, and facilities. The availability of such support, and the 
computation of any associated charges or costs, will be according

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to applicable Department of Defense directives and instructions and USAF 
regulations and manuals.
    (6) The lessee shall be responsible for all costs relating to the 
leased property during the term of the lease including, without 
limitation, expenses of operation, maintenance, display, demonstration, 
ferrying, transportation, support, and protection.
    (7) The lessee shall not include any charges or costs resulting from 
the lease authorized hereby directly or indirectly in any USG contract, 
except to the extent authorized under the Federal Acquisition 
Regulations.
    Optional (7) Except as otherwise authorized under the Federal 
Acquisition Regulations, the lessee shall not include any charges or 
costs resulting from the lease authorized hereby directly or indirectly 
in any USG contract except for DOD contracts expressly requiring use of 
the leased property and then only to the extent that such costs are 
properly allocable to such contracts and reimbursable according to the 
terms thereof. Costs charged to the USG respecting the leased property 
under any such contracts will not exceed the lessee's costs under the 
lease.
    (8) The lessee shall assume the risk of loss, damage, or destruction 
to the leased property. The risk will be covered by insurance on the 
depreciated value of the property or, with the USG's approval, the 
lessee may be self-insured.
    (9) The lessee shall indemnify and hold the USG, its agents, 
officers, and employees harmless from any and all loss and liability 
(whether in tort or contract) which might arise in connection with the 
lease because of: (a) Injury or death of personnel of the USG, the 
lessee, or third parties; and (b) damage to or destruction of property 
of the lessee or third parties, and leased property, support equipment, 
or other property of the USG. The lessee shall obtain insurance adequate 
to cover all such liabilities.
    (10) The lessee shall return all leased property to the USAF, at 
such place as is designated by the contracting officer, in the same 
condition as when accepted, fair wear and tear expected. If the USAF 
determines that any of the leased property was not returned in such 
condition, or has not been maintained according to prescribed USAF 
standards, the lessee shall reimburse the USAF for the cost of returning 
such property to its proper condition.
    Optional (10) The lessee shall return all leased property to the 
USAF, at such place as is designated by the contracting officer, in the 
same condition and configuration as when accepted, fair wear and tear 
expected. If the USAF determines that any of the leased property was not 
returned in such condition or configuration, or has not been maintained 
according to prescribed USAF standards, the lessee shall reimburse the 
USAF for the cost of returning such property to its proper condition and 
pre-lease configuration.
    (11) The lease may be revocable by the USAF at any time. The lease 
may be terminated by the lessee at any time upon 15 days prior written 
notice, subject to the lessee's residual responsibilities under the 
lease (to return leased property, to pay all costs resulting from the 
lease, to indemnify and hold harmless the USG, etc.).
    (12) The lessee shall assume responsibility that may be imposed by 
other Government agencies for certification and registration of the 
leased property and for payment of any taxes or other charges thereon.
    Optional (13) During the term of the lease, the lease status of the 
leased property may be interrupted from time to time by the USAF and the 
property made available for other USG activities under USG contracts 
with the lessee. During such periods, the property will revert to 
Government-Furnished Property status under the applicable USG contract. 
Any doubt as to the status of the leased property at any particular time 
will be resolved in favor of lease status.
    Optional (14) The lessee shall secure necessary Defense Security 
Assistance Agency and State Department clearances prior to commencement 
of any demonstration or evaluation flights for representatives of 
foreign governments.
    Optional (15) Orientation flights for United States Congressional 
and news media representatives and orientation and evaluation flights 
for foreign nationals shall be subject to approval according to 
Department of Defense Regulation 4515.13R.
    Optional (16) The lessee planning to fly leased aircraft at the air 
show shall prepare an air show plan for the USAF's approval which 
provides information on: scheduled use of the leased property; 
qualifications and duties of lessee personnel attending the air show; 
intended and contingency flight profiles; provisions for ensuring 
adequate preflight crew rest and for ensuring proper preflight briefings 
and postflight debriefings; and provisions for obtaining a visual 
record, and flight data recorder coverage (if aircraft is so equipped) 
of practice and show flight demonstrations, and orientation flights. USG 
approval of, or involvement in, such plan shall not diminish the 
lessee's assumption of risk of loss and liability in connection with the 
lease.
    Pursuant to title 10, United States Code, section 2667, I find that 
the property to be leased is under the control of the USAF; it is not 
excess property as defined by section 472 of title 40, United States 
Code; but it is not for the time needed for public use. I consider the 
above described lease of such property to be advantageous to the United 
States and such terms to be in the public interest.

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    The Commander,           , or designee, is authorized to execute a 
lease according to this Determination and Finding.



Sec. 863.3  AFSC responsibilities.

    AFSC evaluates lease requests, determines asset availability, and 
negotiates approved leases. When a prospective lessee desires to lease 
an asset being acquired or managed by a System Program Office (SPO), 
that SPO evaluates the lease request, makes its recommendation to HQ 
AFSC/PKC, and negotiates the lease agreement, if approved by SAF/AQ.



Sec. 863.4  AFLC responsibilities.

    AFLC evaluates lease requests, determines asset availability, and 
negotiates approved leases. When a prospective lessee requests the lease 
of an asset managed by AFLC or an asset under the control of any of the 
USAF operational commands, the AFLC Air Logistics Center (ALC) most 
familiar with the asset evaluates the lease request and makes its 
recommendation to HQ AFLC/PM. The Wright-Patterson Contracting Center 
(WPCC) negotiates the lease agreement, if approved by SAF/AQ.



                  Subpart B--Basic Terms and Conditions



Sec. 863.5  Authorized uses.

    The lease agreement will specify what uses may be made of the leased 
property. The authorized uses of the leased property need not support a 
USG contract or requirement. The lease may limit or specify the location 
of lease performance.



Sec. 863.6  Lease charges.

    (a) Lease charges are comprised of rent, reimbursement of any out of 
pocket expense to the USG, and other costs which the lessee must pay 
according to the terms of the lease. Pursuant to 32 CFR part 288, User 
Charges, rent must include charges for depreciation and interest on 
investment. These charges may be assessed on a daily, monthly, or yearly 
basis as determined appropriate by the cotnracting officer. For example, 
if the lease period is short term or if the leased property is being 
modified in such a way as to preclude its return to the USAF for 
immediate use to satisfy a USG mission requirement, charge rent during 
the entire lease term. However, if the lease period is long term and 
lease activities are actually intermittent rather than continuous, 
charge rent only during those times the leased property is actually in 
use by the lessee or unavailable for USAF use.

    (Note: Periods of use are defined in the lease.)

    (b) It may be appropriate to assess flying-hour charges if an 
aircraft is leased. Flying hour charges can be assessed for depot 
maintenance, replenishment spares, base support, etc., depending on the 
leasing situation. If an operational aircraft is leased, payment of 
depot maintenance and replenishment spares charges would be in order. If 
the lessee is authorized under the lease to obtain spare parts from the 
supply system, the lessee should either pay the spares flying-hour 
charges or reimburse the USG the cost of the spare part plus the cost of 
providing it.
    (c) Leases should include a charge for general and administrative 
expenses of the USG. The contracting officer should assess a charge of 
10 percent of all other lease charges to recoup the USG's general and 
administrative expenses.
    (d) SAF/ACCS sets depreciation, interest on investment, and flying-
hour charges. When the specific item to be leased is identified, these 
rates may be based on supplemental information from the SPO or ALC as to 
the property's acquisition cost, replacement cost, age, major 
modifications, salvage value, etc. When the specific item is not 
identified or actual costs are unknown, use reasonable estimates. The 
contracting officer is authorized to communicate directly with SAF/ACCS 
in determining rental charges. Also assess rent for pieces of support 
equipment which the lessee may require to support the major items of 
leased property. In such cases, SAF/ACCS may recommend the use of the 
rates set forth in the Use and Charges clause in the Federal Acquisition 
Regulation for rental computation.

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    (e) When the lease activity being pursued by the lessee is of 
particular interest to the USG, the contracting officer may arrange to 
receive a technical report from the lessee. The value of the report, as 
established by the contracting officer, can represent a credit against 
rental charges otherwise due under the lease. Such a credit must not 
exceed the rental charges owed by the lessee.



Sec. 863.7  No cost to the USG.

    The lessee is responsible for all rent, costs and charges relating 
to the leased property during the lease. Generally, the lessee may not 
include any charges or costs resulting from the lease directly or 
indirectly in any USG contract or subcontract. Exceptions may be 
approved for contracts for foreign military sales, for independent 
research and development costs, international air show costs and in 
other limited cases where specific USG contracts or programs benefit 
from the lease activities or when otherwise authorized by law.



Sec. 863.8  Risk of loss.

    The lessee must agree to assume the risk of loss, damage, or 
destruction of the leased property during the period of the lease. This 
applies when equipment or an aircraft is leased whether a lessee or USAF 
operator or pilot is operating the equipment or acting as pilot in 
command. The lessee must obtain insurance to cover the insurable value 
of the leased property, unless the contracting officer agrees that the 
lessee may be self-insured.



Sec. 863.9  Indemnification of the USG.

    The lessee must agree to hold harmless and indemnify the USG, its 
agents, employees, and officers from any and all loss and liability. The 
lessee must obtain insurance adequate to cover all such liabilities.



Sec. 863.10  Maintenance responsibilities.

    The lessee must maintain the leased property during the lease period 
according to standards established by the USG or pay the cost of 
maintenance accomplished by the USG.



Sec. 863.11  Inspection responsibilities.

    The contracting officer should ensure appropriate inspections are 
performed by contract administration services personnel or others during 
lease performance and by the activity receiving the property after lease 
performance to determine whether the lessee maintained and leased 
property according to USAF standards.



Sec. 863.12  USG support.

    Any support provided the lessee by the USG will be on a 
noninterference, cost-reimbursable basis. This applies to material, 
facilities, support aircraft, and crewmembers.



Sec. 863.13  Terminating the lease agreement.

    The USG may terminate the lease at any time and at no cost. The 
lessee may terminate the lease upon prior written notice to the 
contracting officer and subject to its residual responsibilities under 
the lease (payment of charges, return of the leased property, etc.). In 
long-term leases it may be appropriate to provide for periodic 
interruptions of the lease so the leased property can be returned to the 
USG to satisfy its requirements.



Sec. 863.14  DSAA and State Department approvals.

    When a lessee poroposes to demonstrate the leased property to 
representatives of foreign governments or international organizations or 
to participate in international air shows, the lessee must secure DSAA 
approval and obtain export license clearance from the State Department. 
If the lessee knows the details of the proposed demonstration or 
evaluation at the time the lease request is submitted, SAF/AQ will 
obtain DSAA coordination when processing the lease request to the SAF/AQ 
for approval. If these details are unknown at the time of the lease 
request, then the lessee must obtain DSAA approval by separate request 
through HQ USAF/PRI (Directorate of International Programs) channels.



Sec. 863.15  Flights for dignitaries.

    The lessee must get prior approval for flights if one of the 
authorized uses of a leased aircraft is orientation

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flights for foreign nationals or dignitaries, including members of 
Congress and representatives of the US news media (see DOD Regulation 
4515.13R).



Sec. 863.16  Air show participation plan clause.

    Leases authorizing participation in an international air show must 
contain a provision requiring the lessee to obtain prior USAF approval 
of its plans for conducting flight operations and providing adequate 
crew rest. The provision also requires the lessee to describe its 
demonstration flight profiles. Leases for international air shows 
require compliance with part 862 of this chapter. The Air Show 
Participation Plan clause is shown below.

                   Air Show Participation Plan Clause

    (a) Prior to any flight performed for demonstration, exhibition, 
practice, or evaluation purposes at a scheduled international air show 
as authorized elsewhere in this lease, the Lessee shall obtain the 
approval of the Director of Operations and Readiness, Headquarters, USAF 
(AF/XOO), for an Air Show Participation Plan covering the following:
    (1) Detailed schedule of planned use of the leased aircraft.
    (2) The name (or names) and qualifications of the pilot (or pilots) 
who are scheduled to fly the aircraft in practice, deployment or 
redeployment, and air show flights.
    (3) Specific information on the qualifications of other crewmembers 
who may be needed.
    (4) The names, qualifications, and exact duties of contractor 
supervisory personnel who may take part in any way in the management and 
control of the USAF aircraft while it is leased.
    (5) The intended flight profiles planned for:
    (i) Favorable weather conditions (specify favorable weather 
conditions for subject aircraft).
    (ii) Weather conditions less than favorable but above the air show 
minimums, AFRs 60-16 and 60-18, and the aircraft handbook (Technical 
Order) limitations.
    (iii) Alternate modified profiles for both weather conditions that 
would be flown if air show authorities limit flight time due to 
scheduling problems.
    (6) Provisions for ensuring adequate preflight crew rest for the 
pilot (or pilots) and other crewmembers. This must include the way in 
which the flightcrews (pilots) will be isolated from potential marketing 
or other pressures that may be expected in the internal air show 
environment.
    (7) Specific schedule and attendees at preflight planning, preflight 
briefings, and postflight debriefings.
    (8) Provisions for providing a visual record of all practice flights 
and air show demonstrations (16mm film or three-fourth inch video tape).
    (9) Provisions for providing maximum flight data recorder coverage 
(if subject aircraft is normally flight data recorder equipped) of all 
practice flights and air show flight demonstrations.
    (10) Provisions for ensuring the pilot who flies the aircraft wears 
suitable flight clothing for maneuvers to be performed (such as, anti-g 
suit).
    (11) The Air Show Participation Plan as submitted for such required 
approval shall specify each nonstandard configuration of the aircraft to 
be leased and shall list each item of equipment or stores intended to be 
incorporated in or used to support the leased aircraft that is not part 
of the USAF standard equipment or approved stores list.
    (b) Lessee's initial proposal and any revised proposals for such Air 
Show Participation Plan are to be submitted to the cognizant Systems 
Program Office or Plant Representative Office according to part 862 of 
this chapter.
    (c) The provisions of such Air Show Participation Plan as so 
approved shall be complied with by the Lessee as regards all air show 
demonstrations, exhibition, and evaluation flights performed with the 
leased property during the term of this lease, at or in the general 
vicinity of the air show location, and shall also be complied with 
regarding all practice and pilot qualification flights performed during 
the term of this lease in preparation for such demonstration, 
exhibition, or evaluation flights.
    (d) The Lessee shall permit the Contract Monitor or a delegate, as 
appointed by the United States Government (USG) for this lease, to 
monitor air show participation under this lease, and to have access to 
the leased aircraft during the entire period of air show participation 
and during all periods of practice or qualification for such air show 
participation as authorized under this lease, together with access to 
the maintenance and staging areas used for such participation or 
practice.
    (e) The Contract Monitor shall be considered an element of USAF 
support, the costs of which are charged to the Lessee as lease support 
costs.
    (f) The Lessee shall submit to the Contracting Officer, within 
thirty days after the completion of such air show participation 
authorized under this lease, a lease completion report outlining and 
explaining any problems encountered in and during the performance of the 
lease as regards such aircraft practice and participation flights, 
together with recommended procedures and

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procedural changes to improve the safety of USAF aircraft leased for air 
show participation under future leases. If no such problems are 
encountered, a negative report shall be submitted. The Lessee shall 
also, upon the written request of the Contracting Officer, and at no 
cost to the USG under this lease, provide the USG with copies 
(duplicate) of all visual record and of the flight recorder data of all 
practice flights and air show demonstrations as called for in the 
foregoing paragraphs.
    (g) The Lessee shall also advise the cognizant System Program 
Director of its proposed participation in static displays or flights 
demonstrations at the air show, and shall ensure that appropriate Lessee 
personnel are available, at the time and place designated by the System 
Program Director, to receive a cautionary prebriefing on the military 
security requirements and other sensitive areas related to the leased 
aircraft and equipment.
    (h) It is mutually understood and agreed that the sole purpose of 
this clause is to give the USG full knowledge of the intended use of the 
leased property and an opportunity to observe the Lessee's compliance 
with its proposed plan. Lessee acknowledges and agrees that the USG 
makes no warranty that the approve plan is safe and that the USG assumes 
no risk of loss or liability to third parties that may arise despite the 
Lessee's adherence to the approve plan. This clause creates no 
exceptions to the Lessee's obligations to assume risk of loss and third 
party liability, including obtaining insurance, as set out fully in the 
clauses elsewhere in this lease.



                Subpart C--Lease Requests and Evaluation



Sec. 863.17  Request initiation.

    The prospective lessee initiates the lease request and submits it to 
the appropriate SPO or ALC responsible for the items described under the 
lease. The lease request must contain, as a minimum, the following 
information:
    (a) Identification of the property to be leased (including tail 
numbers or part numbers, if known).
    (b) Purpose of the lease.
    (c) Proposed start date and duration.
    (d) Proposed location(s) of the lease activity.
    (e) Expected benefits to the lessee.
    (f) Expected benefits to the USG.
    (g) Statement as to nonavailability of suitable commercial items.
    (h) Other pertinent facts (flights for dignitaries, for example).



Sec. 863.18  SPO or ALC.

    When the SPO or ALC receives a request to lease USAF assets, they 
evaluate the request for the benefits to the USG and the lessee and the 
availability of the property during the proposed lease period. Also, 
they address the appropriateness of the intended use of the property and 
any limitations on reservations which should be imposed on such use. If 
the property requested for lease is assigned to an operational command, 
the SPO or ALC coordinates with that command then sends the request 
through contracting channels to command headquarters.



Sec. 863.19  HQ AFSC or HQ AFLC.

    Command headquarters review each lease request and prepare a draft 
Secretarial D&F. The command then forwards the lease package consisting 
of the lease request, the D&F, and other supporting data with an 
endorsement to SAF/AQC for approval. The command forwards lease packages 
requesting participation in an international air show to HQ USAF/XOO 
(with an information copy to SAF/AQC).



              Subpart D--Coordination and Approval Process



Sec. 863.20  Air Staff coordination.

    Coordination requirements depend on the intended use of the leased 
items and whether the items are developmental or operational. SAF/AQC 
coordinates with HQ USAF/XOO, PRI, and LEY, as necessary. SAF/AQC 
coordinates with HQ USAF/PRP on the use of aerospace vehicles counted in 
the USAF inventory. If the proposed lease is for participation in an 
international air show, follow part 862 of this chapter.

    Note: HQ USAF/XOO approves the lessee's international air show 
plans, including flight profiles. HQ USAF/PRI coordinates on requests 
involving demonstrations of leased property to representatives of 
foreign governments.



Sec. 863.21  Secretariat approval process.

    Secretariat coordination and approval involves offices of diverse 
responsibilities. SAF/PA coordinates on

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air show lease requests. SAF/ACCS reviews all requests and provides 
rental charge guidance to the contracting officer. The DSAA approves all 
requests involving potential sales to foreign governments and 
organizations. In all cases SAF/GC reviews lease requests and D&Fs. SAF/
AQ gives final approval on all lease requests.



Sec. 863.22  Processing time.

    The coordination and approval process for a routine lease request 
usually takes four weeks. Prospective lessees and the commands should 
plan on a minimum of four weeks for approval of the D&F once a lease 
request reaches the SAF/AQC. Lease requests received with insufficient 
lead time may be returned without action.



             Subpart E--Lease Negotiation and Administration



Sec. 863.23  AFSC lease negotiation.

    The AFSC SPO responsible for an item which is approved for lease 
must negotiate the lease according to the signed D&F. The office which 
negotiates a lease is also responsible for amending it and recommending 
renewal, if appropriate. The SPO is also responsible for working with 
SAF/ACCS to determine the appropriate lease charges.



Sec. 863.24  AFLC lease negotiation.

    WPCC negotiates leases of equipment no longer being acquired by 
AFSC. WPPC also amends leases and recommends renewal, if appropriate. 
The Secretarial D&F sets the basic terms and conditions which must be 
incorporated into the lease. WPCC works with SAF/ACCS to establish the 
proper lease charges.



Sec. 863.25  Delegation of lease administration.

    After negotiation, the SPO or WPCC delegates the lease to the 
cognizant contract administration office for administration. However, if 
the lease is to be performed overseas, the contracting officer may 
retain administration.



Sec. 863.26  Lessee compliance.

    The contract administration activity must make sure that the lessee 
is complying with all the terms and conditions of the lease. The lessee 
must follow maintenance requirements, obtain necessary approvals keep 
use records upon which rental charges may be calculated, and pay rental 
and other charges according to the lease agreement.



Sec. 863.27  Lessee payments.

    Payments for rental (including depreciation and interest on 
investment) must be returned to miscellaneous receipts of the US 
Treasury. Payments for flying-hour charges and reimbursement for support 
or services provided by the USG may be credited to the appropriation of 
the activity to which the leased property is assigned or which provided 
the support or service. If the lessee is authorized to obtain material 
from the supply system, it can only be provided on an as available, 
reimbursable basis. The contracting officer provides instructions to the 
lessee and appropriate accounting and finance office on handling 
payments.

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