Procurement of U.S. Air Carrier Given Preference under Fly America Act

A foreign air carrier objected to the agency's action in awarding charter flights subject to provisions of the Fly America Act to a noncertified carrier. The protesting carrier was at all times eligible for the contract and was, therefore, an interested party. The intent of the Fly America Act is to prefer U.S. air carriers over foreign air carriers rather than to prefer certificated over noncertificated carriers. The carrier awarded a contract without CAB authority to perform assumes the risk of obtaining the authority.