52.247-31 F.o.b. Origin, Freight Allowed.

As prescribed in 47.303-3(c), insert the following clause:

F.o.b. Origin, Freight Allowed (Feb 2006)

(a) The term "f.o.b. origin, freight allowed," as used in this clause, means-

(1) Free of expense to the Government delivered-

(i) On board the indicated type of conveyance of the carrier (or of the Government, if specified) at a

designated point in the city, county, and State from which the shipments will be made and from

which line-haul transportation service (as distinguished from switching, local drayage, or other

terminal service) will begin;

(ii) To, and placed on, the carrier’s wharf (at shipside within reach of the ship’s loading tackle when

the shipping point is within a port area having water transportation service) or the carrier’s freight

station;

(iii) To a U.S. Postal Service facility; or

(iv) If stated in the solicitation, to any Government-designated point located within the same city or

commercial zone as the f.o.b. origin point specified in the contract the Federal Motor Carrier Safety

Administration prescribes commercial zones at Subpart B of 49 CFR part 372; and

(2) An allowance for freight, based on applicable published tariff rates (or Government rate tenders)

between the points specified in the contract, is deducted from the contract price.

(b) The Contractor shall-

(1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements

to protect the goods and to ensure assessment of the lowest applicable transportation charge;

(2)

(i) Order specified carrier equipment when requested by the Government; or

(ii) If not specified, order appropriate carrier equipment not in excess of capacity to accommodate

shipment;

(3) Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block,

and/or brace carload or truckload shipment (when loaded by the Contractor) on or in the carrier’s

conveyance as required by carrier rules and regulations;

(4) Be responsible for any loss of and/or damage to the goods-
(i) Occurring before delivery to the carrier;

(ii) Resulting from improper packing and marking; or

(iii) Resulting from improper loading, stowing, trimming, blocking, and/or bracing of the shipment, if

loaded by the Contractor on or in the carrier’s conveyance;

(5) Complete the Government bill of lading supplied by the ordering agency, or when a Government

bill of lading is not supplied, prepare a commercial bill of lading or other transportation receipt. The

bill of lading shall show-

(i) A description of the shipment in terms of the governing freight classification or tariff (or

Government rate tender) under which lowest freight rates are applicable;

(ii) The seals affixed to the conveyance with their serial numbers or other identification;

(iii) Lengths and capacities of cars or trucks ordered and furnished;

(iv) Other pertinent information required to effect prompt delivery to the consignee, including name,

delivery address, postal address and ZIP code of consignee, routing, etc.;

(v) Special instructions or annotations requested by the ordering agency for commercial bills of

lading;e.g., "This shipment is the property of, and the freight charges paid to the carrier(s) will be

reimbursed by, the Government"; and

(vi) The signature of the carrier’s agent and the date the shipment is received by the carrier; and

(6) Distribute the copies of the bill of lading, or other transportation receipts, as directed by the

ordering agency.

(c) These Contractor responsibilities are specified for performance at the plant or plants at which

the supplies are to be finally inspected and accepted, unless the facilities for shipment by carrier’s

equipment are not available at the Contractor’s plant, in which case the responsibilities shall be

performed f.o.b. the point or points in the same or nearest city where the specified carrier’s facilities

are available; subject, however, to the following qualifications:

(1) If the Contractor’s shipping plant is located in the State of Alaska or Hawaii, the Contractor shall

deliver the supplies listed for shipment outside Alaska or Hawaii to the port of loading in Alaska or

Hawaii, respectively, as specified in the contract, at Contractor’s expense, and to that extent the

contract shall be "f.o.b. destination."

(2) Notwithstanding paragraph (c)(1) of this clause, if the Contractor’s shipping plant is located in

the State of Hawaii, and the contract requires delivery to be made by container service, the

Contractor shall deliver the supplies, at the Contractor’s expense, to the container yard in the same

or nearest city where seavan container service is available.

(End of clause)

Parent topic: 52.247 [Reserved]