In plain English
FAR 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving, is a contract clause prescribed at FAR 26.605, most recently dated MAY 2024. The complete official text is reproduced below, verbatim, from GSA's published FAR source files.
Its own text directs the contractor to include it in certain subcontracts, subject to the conditions quoted in the flowdown section below.
Does it flow down to subcontracts?
Flows down conditionally — mandate with stated conditions
“The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.”— FAR 52.226-8, paragraph (d), official text
Where it's prescribed
As prescribed in 26.605 , insert the following clause:
Prescribing reference: FAR 26.605.
The official text, verbatim
As prescribed in 26.605 , insert the following clause:
Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)
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(a) Definitions. As used in this clause-
"Driving"–
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(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.
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(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.
Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.
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(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009.
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(c) The Contractor is encouraged to-
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(1) Adopt and enforce policies that ban text messaging while driving-
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(i) Company-owned or rented vehicles or Government-owned vehicles; or
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(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.
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(2) Conduct initiatives in a manner commensurate with the size of the business, such as-
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(i) Establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving; and
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(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
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(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.
(End of clause)