[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 48CFR752.247-70]



[Page 65-66]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

             CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

 

PART 752_SOLICITATION PROVISIONS AND CONTRACT CLAUSES--Table of Contents

 

             Subpart 752.70_Texts of USAID Contract Clauses

 

Sec. 752.247-70  Preference for privately owned U.S.-flag commercial vessels.





    As prescribed in 747.507, insert the following clause:



 Preference for Privately Owned U.S.-Flag Commercial Vessels (OCT 1996)



    (a) Under the provisions of the Cargo Preference Act of 1954 (46 

U.S.C. 1241(b)) at least 50 percent of the gross tonnage of equipment, 

materials, or commodities financed by USAID, or furnished without 

provision for reimbursement, or at least 75 percent of the gross tonnage 

of cargo moving under P.L. 480 financed by the U.S. Department of 

Agriculture, that may be transported in ocean vessels (computed 

separately for dry bulk carriers, dry cargo liners, and tankers) shall 

be transported in privately owned U.S.-flag commercial vessels.

    (b) In accordance with USAID regulations and consistent with the 

regulations of the Maritime Administration, USAID applies Cargo 

Preference requirements on the basis of programs or activities that 

generally include more than one contract. Thus, the amount of cargo 

fixed on privately owned U.S.-flag vessels under this contract may be 

more or less than the required 50 or 75 percent, depending on current 

compliance with Cargo Preference requirements. If freight under the 

contract is fixed on a U.S. flag vessel, Alternate I of this clause 

shall apply.

    (c)(1) The contractor shall submit one legible copy of a rated on-

board ocean bill of



[[Page 66]]



lading for each shipment to both the Division of National Cargo, Office 

of Cargo Preference, Maritime Administration, U.S. Department of 

Transportation, Washington, DC 20590, and the Transportation Division, 

Office of Procurement, USAID, Washington, DC 20523-7900.

    (2) The contractor shall furnish these bill of lading copies within 

20 working days of the date of loading for shipments originating in the 

United States, or within 30 working days for shipments originating 

outside the United States. Each bill of lading copy shall contain the 

following information:

    (i) Sponsoring U.S. Government agency.

    (ii) Name of vessel.

    (iii) Vessel flag registry.

    (iv) Date of loading.

    (v) Port of loading.

    (vi) Port of final discharge.

    (vii) Description of commodity.

    (viii) Gross weight in pounds and cubic feet if available.

    (ix) Total ocean freight revenue in U.S. dollars.



                               Alternate I



    (d) If freight is fixed on a U.S. flag vessel, except as provided in 

paragraph (e) of this clause, the contractor shall use privately owned 

U.S. flag commercial vessels, and no others, in the ocean transportation 

of any supplies to be furnished under this contract.

    (e) If such vessels are not available, or not available at rates 

that are fair and reasonable for privately owned U.S. flag commercial 

vessels, the Contractor shall notify the contracting officer and request 

either authorization to ship in foreign-flag vessels or designation of 

available U.S.-flag vessels. If the Contractor is authorized in writing 

by the Contracting Officer to ship the supplies in foreign-flag vessels, 

the contract price shall be equitably adjusted to reflect the difference 

in costs of shipping the suppliers in privately owned U.S.-flag 

commercial vessels and foreign-flag vessels.



[64 FR 5009, Feb. 2, 1999]