Code of Federal Regulations: 1949-1984

to the Government, to any Governmentdesignated point located within the same commercial zone (as prescribed by the Interstate Commerce Commission) the f.o.b. point named in the contract. (b) Contractor responsibilities. Where the term "f.o.b. origin" is used, 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) Order specified carrier equipment when requested by the Government; otherwise, order appropriate carrier equipment not in excess of capacity to accommodate shipment.

(3) Deliver shipments in good order and condition to the carrier, and load, stow, trim, block, and/or brace carload or truckload (when loaded by the contractor) shipments on or in carrier's conveyance as required by carrier rules and regulations.

(4) Be responsible for any loss or damage, or both, to the personal property occuring prior to delivery of shipment to carrier; and also for any loss or damage resulting from improper packing and marking, and, when loaded by contractor, resulting from improper loading, stowing, trimming, blocking, and/or bracing of shipment on or in carrier's conveyance.

(5) Complete Government bill of lading supplied by the ordering agency; or, when Government bill of lading is not supplied, prepare commercial bill of lading or other transportation receipt. The bill of lading shall show thereon:

(1) Description of shipment in terms of the governing freight classification or tariff under which lowest freight rates are applicable;

(11) The seals affixed to the conveyance, including number thereof, or other identification;

(ii) Length and capacity of cars or trucks ordered and furnished;

(iv) Other pertinent information required to effect prompt delivery to the consignee, including name, delivery and postal address of consignee, routing, etc.;

(v) Special instructions or annotations requested by the ordering agency

for commercial bills of lading; for example,

(a) "To be converted to a Government bill of lading," or

(b) "This shipment is the property of, and the freight charges paid to the carrier(s) will be reimbursed by, the Government," and

(vi) Signature of carrier's agent and date shipment is received.

(6) Distribute the several parts of the bills of lading, or other transportation receipts, as directed by the ordering agency.

§ 1-19.303 F.o.b. origin, contractor's facility.

(a) Definition. The term "f.o.b. origin, contractor's facility," means on board the indicated type of conveyance of carrier (or conveyance of Government when so indicated), free of expense to the Government, at the designated facility, on the named street or highway, in the city, county, and State from which the shipment will be made.

(b) Contractor responsibilities. The contractor responsibilities are the same as those listed in § 1-19.302(b).

§ 1-19.304 F.o.b. origin, freight allowed.

(a) Definition. The term "f.o.b. origin, freight allowed," means on board the indicated type of conveyance of carrier (or conveyance of the Government when so indicated), free of expense to the Government, at a point in the city, county, and State specified from which the shipment will be made and from which line-haul transportation service (as distinguished from switching, local drayage, or other terminal service) begins, with an allowance for freight, based on applicable published tariff rates between the points specified in the contract, deducted from the contract price.

(b) Contractor responsibilities. The contractor responsibilities are the same as those listed in § 1-19.302(b). However, risk of loss and damage shall be assumed by the Government, f.o.b. origin. § 1-19.305 F.o.b. origin, freight prepaid.

(a) Definition. The term "f.o.b. origin, freight prepaid," means on board the indicated type of conveyance of carrier (or conveyance of the Government when so indicated), free of expense to

the Government, at a point in the city, county, and State specified from which line-haul transportation service (as distinguished from switching, local drayage, or other terminal service) begins, with the cost of transportation, which shall be the contractor's obligation, prepaid by the shipper to the point named in the contract.

(b) Contractor responsibilities. The contractor responsibilities are the same as those listed in § 1-19.302(b), except that the contractor shall prepare commercial bills of lading, instead of Government bills of lading, and shall prepay all freight charges to the extent specified in the contract. However, risk of loss and damage shall be assumed by the Government, f.o.b. origin.

(a) Definitions. (1) The term "f.o.b. destination" means on board the conveyance of carrier, free of expense to the Government, at a specified delivery point where the consignee's facility is located. The term "facility, as used herein, means: plant, warehouse, store, lot, or other location to which shipment can be made.

(2) The term "f.o.b. destination, within consignee's premises," means delivered free of expense to the Government, laid down within the doors of the consignee's premises, including delivery to specific rooms within a building when so specified.

(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.

(2) Prepare and distribute commercial bills of lading.

(3) Deliver shipment in good order to the point of delivery speciñed in the contract.

(4) Be responsible for any loss or damage, or both, to the personal property occurring prior to its receipt by the consignee at the named point of delivery.

(5) Furnish a delivery schedule and designate mode of delivering carrier.

(6) Pay and bear all charges to the point of delivery specified in the contract.

(a) Definition. The term "f.o.b. vessel, port of shipment," means loaded, stowed, and trimmed on board the ocean vessel, free of expense to the Government, at the named port of shipment.

(b) Contractor responsibilities. 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 for ocean transportation in conformance with carrier requirements to protect the personal property and assure assessment of the lowest applicable transportation charge.

(2) Deliver the shipment on board the ocean vessel, in good order, on the date or within the period fixed, and pay and bear all charges incurred in placing the shipment actually on board.

(3) Provide clean ship's receipt or onboard ocean bill of lading.

(4) Be responsible for any loss or damage, or both, to the personal property occurring prior to delivery of the shipment on board the ocean vessel.

(5) Render the Government, at the Government's request and expense, assistance in obtaining the documents required for exportation, or for importation at destination. § 1-19.308

ment.

F.a.s. vessel, port of ship

(a) Definition. The term "f.a.s. vessel, port of shipment," means delivered. free of expense to the Government. alongside ocean vessel and within reach of its loading tackle, at the named port of shipment.

(b) Contractor responsibilities. It shall be the responsibility of the contractor to:

(2) Deliver the shipment in good order alongside the ocean vessel and within reach of its loading tackle, at the point of delivery specified in the contract, on the date, or within the period fixed, and

pay and bear all applicable charges, including transportation costs and wharfage and handling and heavy lift charges, where necessary, up to this point.

(3) Provide clean dock or ship's receipt.

(4) Be responsible for any loss or damage, or both, to the personal property occurring prior to delivery of the shipment 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, or of importation at destination.

§ 1-19.309 F.o.b. inland carrier, point of exportation.

(a) Definition. The term "f.o.b. inland carrier, point of exportation," means on board the conveyance of the carrier, free of expense to the Government, at the named point of exportation. (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 for ocean transportation in conformance with carrier requirements to protect the personal property and assure assessment of the lowest applicable transportation charge.

(2) Prepare and distribute commercial bills of lading.

(3) Deliver shipment in, or on, conveyance of carrier, in good order, on the date, or within the period fixed, and pay and bear all applicable charges, including transportation costs to the point of delivery specified in the contract.

(4) 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.

(5) Render the Government, at the Government's request and expense, assistance in obtaining the documents required for the purpose of exportation, or of importation at destination.

§ 1-19.310 F.o.b. inland point, country of importation.

(a) Definition. The term "f.o.b. inland point, country of importation," means on board the indicated type of conveyance of the carrier, free of expense to the Government, at the specified

inland point where the consignee's facility is located.

(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) Deliver shipment in good order and condition, in or on conveyance of inland carrier at the named inland destination, and pay and bear all applicable charges incurred up to the point of delivery, including transportation costs. export, import, or other fees or taxes, costs of landing, wharfage costs, customs duties and costs of certificates of origin, consular invoices, or other documents which may be required for importation.

(3) Be responsible for any loss or damage, or both, until arrival of the personal property on, or in, carrier's conveyance at the named inland point.

§ 1-19.311 Ex dock, pier, or warehouse, port of importation.

(a) Definition. The term "ex dock, pier, or warehouse, port of importation," means delivered on the designated dock or pier, or in the warehouse, free of expense to the Government, at the named port of importation.

(b) Contractor responsibilities. It shall be the responsibility of the contractor to:

(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.

(a) Definition. The term "c. & 1. 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.

(b) Contractor responsibilities. The contractor responsibilities are the same as those listed in § 1-19.312(b), except that, in addition, the contractor shall obtain, and dispatch to the Government, an insurance policy or certificate providing the amount and extent of marine insurance coverage specified in the contract or agreed upon by the contracting officer of the Government.

§ 1-19.314 F.o.b. designated air carrier's terminal, point of exportation. (a) Definition. The term "f.o.b. designated air carrier's terminal, point of exportation," means loaded abroad the aircraft or delivered to the custody of the air carrier (when only the air carrier performs the loading), free of expense to the Govenment, at 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, prepare shipment for air transportation in conformance with carrier requirements to protect the personal property and assure assessment of the lowest applicable transportation charge.

(2) Deliver the shipment into the conveyance of the carrier, or into the custody of the carrier (when only the carrier performs the loading), in good order, at the point of delivery specified in the contract, on the date or 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.

§ 1-19.700 Scope of subpart.

This subpart sets forth supplemental provisions for transportation contracts entered into either by formal advertising or by negotiation (for other than small purchases as defined in Subpart 1-3.6). § 1-19.701

General.

(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 specalized 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 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 real

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