[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-39.405]



[Page 166-167]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-39_INTERAGENCY FLEET MANAGEMENT SYSTEMS--Table of Contents

 

                  Subpart 101-39.4_Accidents and Claims

 

Sec. 101-39.405  Claims against the Government.



    (a) Whenever a GSA Interagency Fleet Management System (IFMS) 

vehicle is involved in an accident resulting in damage to the property 

of, or injury to, a third party, and the third party asserts a claim 

against the Government based on the alleged negligence of the vehicle 

operator (acting within the scope of his or her duties), it shall be the 

responsibility of the agency employing the person who was operating the 

GSA IFMS vehicle at the



[[Page 167]]



time of the accident to make every effort to settle the claim 

administratively to the extent that the agency is empowered to do so 

under the provisions of 28 U.S.C. 2672. It shall be the further 

responsibility of the agency, in the event that administrative 

settlement cannot be effected, to prepare completely, from an 

administrative standpoint, the Government's defense of the claim. The 

agency shall thereafter transmit the complete case through appropriate 

channels to the Department of Justice.

    (b) Except for the exclusions listed in Sec. 101-39.406, the agency 

employing the vehicle operator shall be financially responsible for 

damage to a GSA IFMS vehicle.

    (c) If a law suit is filed against the agency using a GSA 

Interagency Fleet Management System (IFMS) vehicle, the agency shall 

furnish the appropriate GSA Regional Counsel with a copy of all papers 

served in the action. When requested, GSA's Regional Counsel will 

cooperate with and assist the using agency and the Department of Justice 

in defense of any action against the United States, the using agency, or 

the operator of the vehicle, arising out of the use of a GSA IFMS 

vehicle.



[56 FR 59891, Nov. 26, 1991]