(b) Contractor responsibilities. It shall be the responsibility of the contractor to: (1) Pack and mark to comply with contract specifications; or, in the absence of such specifications, prepare shipment in conformance with carrier requirements to protect the personal property and assure assessment of the lowest applicable transportation charge. (2) Deliver shipment in good order, and pay and bear all applicable charges to the point of delivery specified in the contract, including transportation costs; export and import taxes, or other fees or charges levied because of importation or exportation; landing and wharfage charges and landing taxes, if any; customs duties; and all documentation costs, such as those incurred in obtaining consular invoices, legalization of bills of lading and certificates of origin, which documents shall be obtained by the contractor. (3) Be responsible for any loss or damage, or both, to the personal property occurring prior to delivery of the shipment to the point of delivery specified in the contract. §1-19.312 C. & f. destination. (a) Definition. The term "c. & f. destination," means delivered on board the ocean vessel, free of expense to the Government, with the cost of transportation paid by the contractor to the named point of destination. (b) Contractor responsibilities. It shall be the responsibility of the contractor to: (1) Pack and mark to comply with the contract specifications; or, in the absence of such specifications, prepare shipment for ocean transportation in accordance with carrier requirements. (2) Deliver the shipment in good order and condition, and pay and bear all applicable charges to the point of destination specified in the contract, including transportation costs and export taxes or other fees or charges levied because of exportation. (3) Obtain, and dispatch promptly to the Government, clean, on-board ocean bill of lading to the named point of destination. (4) Be responsible for any loss or damage, or both, to the personal property occurring prior to delivery. (5) Provide, at the Government's request and expense, certificates of origin, consular invoices, or any other documents issued in the country of origin or of shipment, or both, which may be required for importation into the country of destination. § 1-19.313 C.i.f. destination. (a) Definition. The term “c.i.f. destination" means delivered on broad the ocean vessel, free of expense to the Government, with the cost of transportation and marine insurance paid by the contractor to the named point of destination. within the period designated, and pay and bear all applicable charges up to that point. (3) Provide clean Government bill of lading and/or air waybill. (4) Be responsible for any loss or damage, or both, occurring prior to delivery of the personal property to the point specified in the contract. (5) Render the Government, at the Government's request and expense, assistance in obtaining the documents required for the purpose of exportation. § 1-19.315 F.o.b. designated air carrier's terminal, point of importation. (a) Definition. The term "f.o.b. designated air carrier's terminal, point of importation," means delivered, free of expense to the Government, to the air carrier's terminal named in the contract. (b) Contractor responsibilities. It shall be the responsibility of the contractor to: (1) Pack and mark to comply with contract specifications; or in the absence of such specifications, pack and mark in conformance with carrier requirements. (2) Prepare and distribute bills of lading or air waybills. (3) Deliver shipment in good order and condition to the point of delivery specified in the contract, and pay and bear all charges incurred up to the point of delivery, including transportation costs, import or export, or other fees or taxes, cost of lading (if any), customs duties, and costs of certificates of origin, consular invoices, or other documents which may be required for exportation or importation. (4) Be responsible for any loss or damage, or both, until delivery of the personal property to the Government at the designated air carrier's terminal. Subparts 1-19.4-1-19.6 [Reserved] Subpart 1-19.7—Supplemental Provisions (Transportation Contracts) SOURCE: 38 FR 994, Jan. 8, 1973, unless otherwise noted. (a) In addition to the required clauses set forth in Subpart 1-7.7, the solicitation and resultant contract shall contain a separate attachment to be entitled "Supplemental Provisions (Transportation Contracts)," hereafter referred to as "Supplemental Provisions" which provide (1) a clear and accurate description of the services required, (2) a basis for submitting rates or charges, and (3) the basis on which bids or proposals will be evaluated. (b) The supplemental provisions shall be in such terms as to permit full and free competition among all modes of transportation, consistent with the law and safety regulations. Circumstances may exist which will limit competition to a particular mode or method of transportation. For example, the movement of certain dangerous commodities or highly specialized or scientific equipment or paraphernalia might require the services of specialized carriers. Provisions which tend to limit competition may be used where the need for specialized services is established, provided: (1) The requirements for service cannot reasonably be met in any other manner, and (2) a written justification for so limiting competition is included in the contract file. (c) The information, terms, and conditions set forth in §§ 1-19.702-1 through 1-19.702-10 shall be included in the supplemental provisions for the procurement of transportation services, to the extent that they are applicable. Additional information, terms, and conditions, may be included, but only when such additions do not conflict with other contract provisions. § 1-19.702 Supplemental provisions. § 1-19.702-1 Scope and duration of contract. (a) A provision shall be included to indicate the scope of the contract and 40-104 0-79——59 the length of time the contract will remain in effect. The following points shall be covered by the supplemental provisions used, varying as necessary in accordance with the circumstances of each case. (1) Origin of shipments. Full details shall be furnished regarding the location of the property to be transported. For example, the name of the shipper and the street address (not post office box), city, and State where the shipper is located, when the location is definite; a detailed description of the area, including boundaries, when indefinite or multiple shippers are involved, as in the case of drayage contracts and group movements of Government employees' household goods. (2) Destination of shipments. Full details on the delivery point or points shall be included in each solicitation. For example, the name of the consignee and the street address (not post office box), city, and State where the consignee is located, when the destination is definite; a detailed description of the area, including boundaries, when indefinite or multiple consignees are involved. (3) Description of property. The solicitation must contain a clear and concise description of the property to be transported, using freight classification descriptions, when available, or nontechnical descriptions when classification descriptions are unavailable. The solicitation shall include, when appropriate, a description of packing (i.e., whether domestic, export, etc.), dimensions and/or weight of items of unusual size, identification of items of unusual value, and any other details necessary to insure that offers will be submitted on a realistic basis. Particularly with respect to the supplemental provisions for drayage contracts, any commodities or types of shipments which would be subject to exclusion under the contract should be clearly identified by a separate clause entitled "Exclusion," for example: EXCLUSION Excluded from the scope of this contract are shipments which can be more advantageously or economically moved via parcel post or small package carrier, shipments of unusual value, explosives and other dangerous articles, household goods, commodities in bulk, commodities injurious or contaminating to other lading, and shipments which the Government may elect to move in Government-owned vehicles. (4) Quantity. A statement of the actual weight, or a reasonably accurate estimate of the weight, of property to be transported is required. If the services are required for an extended period of time, a schedule should be provided of the actual or estimated tonnage or number of items which are to be moved during the week, month, or other appropriate period of time. In the case of group movements of household goods, an estimate of the aggregate weight and the basis for determining the aggregate weight shall be provided. Unless the services are required for a one-time move, or the requirements are known to be irrevocable, the following clause shall be included: ESTIMATED WEIGHT The above estimated weight is not to be construed as a guarantee of actual weight, as the Government does not guarantee any particular volume of traffic described herein. However, to the extent services are required, as described herein, and in accordance with the terms of this contract, orders for such services will be placed with the carrier awarded any contract hereunder. (5) Duration of contract. A statement shall be included with respect to the period of time during which services will be required by the Government, either by establishing an expiration date (month, day, and year) or by stating the period of time during which the contract will remain in effect (usually commencing from the date of award). (b) When the scope or duration of a contract is subject to exceptions, such exceptions shall be clearly stated. For example, when the contractor will not be obligated to transport all shipments tendered by the Government, regardless of size, the supplemental clauses shall indicate minimum and maximum weights of shipments, below and above which the contractor will not be required to provide services. § 1-19.702-2 Transportation service quirements. re (a) All service requirements shall be listed, so that offers can be prepared on a realistic basis. Care should be taken to make a distinction between what would be considered normal services and those services which would be considered "extra." If "extra" services such as inside delivery, are required only occassionally, the supplemental provisions shall so indicate and provide for separate charges for such services. The following details shall be provided: (1) Pickup service. The solicitation shall contain a statement of the days of the week and the hours of the day during which pickup service will be expected and shall specify what advance notice will be furnished to the contractor that service is required. If special, emergency, or priority shipments will be involved, the shorter time for advance notice shall also be stated. (2) Delivery service. The solicitation shall set forth the maximum time allowed for accomplishing delivery, and the following clause shall be added: PICKUP AND DELIVERY SERVICE Pickup and delivery services under this contract must be performed within the period set forth herein. Failure to comply may result in termination of the Contractor's right to proceed by reason of default. See the "Default" clause in the General Provisions (Transportation Contracts) attached to Standard Form 33.) (3) Type of equipment. The type and size of equipment shall be specified when appropriate. Otherwise, a statement to the effect that the contractor shall furnish clean and sound closedtype equipment of sufficient size to accommodate the shipment shall be included. (b) Under certain types of transportation contracts, particularly for group movements of Government employees' household goods and personal effects, additional services, which otherwise would be considered accessorial services, are required to be performed by the contractor. Such additional services shall be specified, and the following clauses, in substantially the same language, shall be used as applicable: SUPERVISION, LABOR, MATERIALS, AND The Contractor shall furnish adequate supervision, labor, materials, supplies, and equipment necessary to perform all the services contemplated under this contract in an orderly, timely, and efficient manner. PACKING ANd/or CratinG AND PADDING The Contractor shall perform all of the packing and/or crating and padding necessary for the protection of the property to be transported. All packing containers, including, but not limited to barrels, boxes, wardrobes, and cartons; all crating materials; and all padding materials and equipment, shall be furnished by the Contractor. The Contractor shall also furnish or cause to be furnished, when necessary, padding or other protective material for the interior of the buildings, including elevators, from and to which the property shall be moved under this contract. All containers and materials shall be clean and of quality sufficient to insure protection of the property. DISASSEMBLING and REASSEMBLING OF PROPERTY AND PREPARING APPLIANCES The disassembling of property, such as beds and sectional bookcases, and the preparing of appliances, such as washers, driers, and record players, for shipment shall be performed by the Contractor. When it is necessary to disassemble property for shipment, such property shall be reassembled by the Contractor upon delivery at the new location. UNPACKING AND/OR UNCRATING AND The Contractor shall perform all unpacking and/or uncrating of property which was packed and/or crated for movement under the provisions of this contract. The Contractor shall also place the property in the new location as instructed by the owner of the property or his authorized representative and shall remove all packing and similar or related material from the premises as requested by the owner. § 1-19.702-3 Determination of weights. (a) The method of determining weights of shipments will vary, depending upon the commodities to be transported, the type of service required, whether shipments will move in load or less-than-load lots, and other factors. The following clauses concerning the determination of the weights of shipments of other than household goods and office furniture and equipment shall be used as applicable, depending on whether the shipment is to move on agreed weights or whether the contractor is responsible for establishing the net weights: AGREED WEIGHT The shipping activity will determine the weight of each shipment. Such weight will be shown on the covering bill of lading and will be accepted by the Contractor as the agreed weight. NET WEIGHTS The net weight of the shipment shall be determined by deducting the tare weight of the vehicle (determined by having the empty vehicle weighed by a certified weighmaster, on a certified scale, with a full tank of fuel) from the gross weight of the vehicle (determined by having the loaded vehicle weighed by a certified weighmaster, on a certified scale, with a full tank of fuel). (b) When the contract is for group movements of Government employees' household goods and for relocation of Government offices, the contractor is responsible for determining the net weight of the shipments. The following provisions shall be used as applicable: FULL LOADS The net weight of the shipment shall be determined by deducting the tare weight of the vehicle (determined by having the empty vehicle weighed by a certified weighmaster, on a certified scale, with the driver and a full tank of fuel, and all blankets, pads, chains, dollies, hand trucks, and all other necessary equipment inside the vehicle, but without the crew) from the gross weight of the vehicle (determined by having the fully loaded vehicle weighed by a certified weighmaster, on a certified scale, with the driver and a full tank of fuel, but without the crew, prior to arrival at destination). PART LOADS The net weight of the first part load shall be determined in the same manner as specified for a full load. The net weight of the second part load shall be determined by using as the tare weight of the vehicle the gross weight of the vehicle containing the first part load and deducting the weight from the new gross weight (determined by having the loaded vehicle weighed again, in the same manner as specified for the full load). The same procedure will apply for each succeeding part load. SCALES NOT AVAILABLE If certified scales are not available at origin, at any point en route, or at destination, a constructive weight based on 7 pounds per cubic foot of properly loaded van space may be used as the net weight of the shipment. Such constructive weight also may be used for a part load when its weight could not be obtained at origin, en route, or at destination, without first unloading it or other part loads being transported in the same vehicle. § 1-19.702-4 Liability of contractor. The liability of the contractor for loss, damage, and injury to persons and property during the course of per forming under the contract shall be spelled out in detail. Where no specific provisions are incorporated, the usual measure of liability is set forth in section 20(11) of the Interstate Commerce Act, 49 U.S.C. 20(11). The fol lowing are examples of provisions which are to be used for the type of service indicated: (a) Transportation of property other than household goods. The following clause shall be used when liability for the property is not limited to a released or declared value. When the contractor's liability for property is limited to declared or released value only so much of the clause as relates to property shall be used. The clause set forth in (b), below, shall be added with any references to "property" and "property damage" deleted. TRANSPORTATION OF PROPERTY OTHER THAN HOUSEHOLD Goods The Contractor shall assume full liability for any and all property lost or damaged in the movement covered by this contract, except when such loss or damage arises out of causes beyond the control of, and without the fault or negligence of, the Contractor. Such causes may include, but are not restricted to, acts of God or the public enemy, the authority of law, or the act or default of the shipper; but in every case the loss or damage must be beyond the control of, and without the fault or negligence of, the Contractor. In addition, the Contractor shall be responsible for and reimburse the U.S. Government for any and all damage caused by the Contractor, his employees, or his agents to the interior or exterior of the buildings from and to which the property will be moved. Also, the Contractor shall save harmless and indemnify the Government, and assume responsibility for any and all damage or injury to persons or property resulting from the use or operation of his vehicles or other equipment by, or the action of, the Contractor, his employees, or his agents, in the performance of this contract. The Government shall in no event be liable or responsible for damage or injury to persons or property resulting from the use or |