[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR47]



[Page 892-893]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 47_TRANSPORTATION--Table of Contents

 

             Subpart 47.3_Transportation in Supply Contracts

 

47.303-6  F.o.b. destination.



    (a) Explanation of delivery term. F.o.b. destination means--

    (1) Free of expense to the Government delivered, on board the 

carrier's conveyance, at a specified delivery point where the 

consignee's facility (plant, warehouse, store, lot, or other location to 

which shipment can be made) is located; and

    (2) Supplies shall be delivered to the destination consignee's wharf 

(if destination is a port city and supplies are for export), warehouse 

unloading platform, or receiving dock, at the expense of the contractor. 

The Government shall not be liable for any delivery, storage, demurrage, 

accessorial, or other charges involved before the actual delivery (or 

constructive placement as defined in carrier tariffs) of the supplies to 

the destination, unless such charges are caused by an act or order of 

the Government acting in its contractual capacity. If rail carrier is 

used, supplies shall be delivered to the specified unloading platform of 

the consignee. If motor carrier (including ``piggyback'') is used, 

supplies shall be delivered to truck tailgate at the unloading platform 

of the consignee, except when the supplies delivered meet



[[Page 893]]



the requirements of Item 568 of the National Motor Freight 

Classification for ``heavy or bulky freight.'' When supplies meeting the 

requirements of the referenced Item 568 are delivered, unloading 

(including movement to the tailgate) shall be performed by the 

consignee, with assistance from the truck driver, if requested. If the 

contractor uses rail carrier or freight forwarder for less than carload 

shipments, the contractor shall ensure that the carrier will furnish 

tailgate delivery when required, if transfer to truck is required to 

complete delivery to consignee.

    (b) Contractor responsibilities. 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;

    (2) Prepare and distribute commercial bills of lading;

    (3) Deliver the shipment in good order and condition to the point of 

delivery specified in the contract;

    (4) Be responsible for any loss of and/or damage to the goods 

occurring before receipt of the shipment by the consignee at the 

delivery point specified in the contract;

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

carrier; and

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

    (c) Contract clause. The contracting officer shall insert in 

solicitations and contracts the clause at 52.247-34, F.o.b. Destination, 

when the delivery term is f.o.b. destination.



[48 FR 42424 Sept. 19, 1983, as amended at 55 FR 52796, Dec. 21, 1990]