FAR 52.247-34 - F.O.B. Destination

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Prescribed in 47.303-6(c)

Effective Date:1 November 1991
Clause or Provision:Clause
Provision or Clause Number: 52.247-34 - F.O.B. Destination

Principle Type And/Or Purpose of Contract:
Required:
Applicable:Fixed Price Supply; Leasing of Motor Vehicles; Indefinite Delivery; Simplified Acquisition Procedures; 
Optional:Fixed Price Service; Cost Reimbursement Service; Fixed Price Construction; Cost Reimbursement Construction; Time and Materials/Labor Hour; Dismantling, Demolition, or Removal of Improvements; Facilities; Utility Services; 
Subject:Freight and Transportation"Freight and Transportation" is not in the list of possible values (Commercial Item, Independent Price Determination, Hotline Posters, Whistleblower Protection, Contingent Fees, Specifications/Standards, Leased Vehicles and Equipment, Payments to Influence Certain Federal Transactions, Contracts, Representations and Certifications, Executive Compensation, Category:Truth In Negotiations Act (TINA), Competition, Delivery or Performance Schedules, Employment/Labor/Wages, Certified Cost or Pricing Data and/or Data other than Certified, Defective Pricing, Data other than Certified, Indirect Rates and/or Incurred Cost Submissions, Bid & Proposal, Small Business, Hazardous Materials, Drug Free Workplace, "Green" Efforts (Printing, Waste Reduction, Pollution, Energy Efficiency), Recovered Material, Safety, Software, Utility Contracts, Contract Changes, Freight and/or Transportation, Termination/Cancellation, Mandatory Disclosure, Definitions, Category:Cost Accounting Standards (CAS), Audit and Records, Illegal or Improper Activity, Contractor Code of Business Ethics and Conduct, Definite-Quantity, Indefinite Quantity, or Requirements Contract, Gratuities, Conflicts of Interest, Anti-Kickback, Identity Verification, Approval of Contract, Security, Taxpayer Identification, Women-Owned Business, DUNS/SAM/CCR, Supplies, Equipment, Helium, Mandatory Sources of Supply or Services, Inverted Domestic Corporations, First Article Approval, Responsibility Matters, Market Research, Subcontract(s)/Subcontractor(s), Damages, Priority Rating, Quantity/Quantities, Material, Invoices and Payments, Disadvantaged, Small, Disabled, Veteran or Women Owned or HUBZone Business, Facilities Capital Cost of Money, Post Retirement Benefits and/or Pension, Ownership, Order of Precedence, Performance, Make or Buy, Contract Type, Letter Contract, Award(s), Economic Price Adjustment, Price Redetermination, Fee, Options, Envirnomental, Privacy, Buy American, Foreign, Patents, Licenses, Data Rights, and Royalties, Insurance, Bond, Taxes and/or Duties) for this property.
ProcurementType:
Contract Threshold:
Prescription Overview:
Clause Overview:

Definition

(a) The term “f.o.b. destination,” as used in this clause, means—

  • (1) Free of expense to the Government, 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 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 forwarded 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) 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.
Important Notes/Requirements:
Subcontract Threshold:
Incorporated by Reference:Yes
Uniform Contract Format:F
Editor:Marshall

Personal notes.