John Company

AAWSAP Solicitation and Original Order, September 2008

DOW-UAP-D111 · page 15 of 59

Page 15 of 59 of DOW-UAP-D111

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SECTION F
DELIVERIES OR PERFORMANCE
F . l
52 . 247- 29
F . O. B. ORIGIN (FEB 2006)
(a) The ter m " f . o . b . o r igi n ," a s used in this clause, means
f ree of expense to the Government
delivered-­
(1 ) On board the i ndicated type of conveyance of the carrier (or of the Government , if specified)
at a
designated point in the city, county, and State from
whi ch the shipment wil l be made and from
which line-haul transportation service (as distinguished
from switching, local drayage, or other
terminal service ) will begin;
(2) To, and placed on, the carrier ' ' s wharf (at shipside,
within reach of the ship ' ' s loading
tackle, when t he
shipping point is within a port area having water transportation service) or t he
carrier ' ' s freight station;
(3) To a U. S . Postal Service facility ; or
(4) 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 t he contract (the Federal Motor
Carrier Safety Administrati on
prescribes commercial zones at Subpart B of 49 CFR part 372) .
(b) The Contractor s hall-­
(ii ) In t he a bsence of specifi cati ons , prepare the
s hipment i n confor ma nce wi th carri er
requi rements to protect the goods and to ensure assessment of the lowest applicabl e transportation
c ha r ge;
( 1)
(i) Pack and mark t he shi pment t o comply with cont ract specifi c a t i ons ; or
(2)
(i) Order specified carri er 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 i n 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 carri er rules a nd 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
(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 appl icable;
(iii ) Resulting from improper loading, stowing, trimming,
blocking, and/or bracing of the
s hipment , i f l oaded by the Contract or on or i n the carrier ' ' s conveyance;
(5) Complete the Government bill of lading supplied by the ordering agency or, when a Government
bill of lading i s not suppl i e d , prepare a commer c i al b i ll of l ading or other t r a nsportation rece i pt .
The bill of lading shall
show- ­
(ii) The seals a ffixed t o t he conveyanc e wi t h t heir ser ial numbe r s or ot her identi ficat ion;
(iii ) Lengths and capacities of cars or trucks ordered and furnished;
(6 ) Distr ibute the copi es of t he bill of lading, or other transportation receipts, as d i rected by
the ordering agency .
(i v ) 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 b i lls 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 "; a nd
(vi) The signature of the carrier ' ' s agent and the date the
shipment is received by the
carrier; a nd
(c) These Contractor responsibilities are specified for
performance at the plant or plants
at which t he supplies are to
be finally inspected and accepted, unless t he facilities for
shi pment by carrier ' ' s equipment are not avai l able at the Contractor ' ' s p l ant , in which case
the responsibilities shall be
performed f . o .b. the point or points in the same or nearest city
whe r e the speci fied carrier' ' s faci liti es are availabl e ;
subject , however, t o t he following
quali fications:
(1) If the Contractor ' ' s s hipping p lant is l ocated i n t he
State of Alaska o r Ha wa ii , t he
Contractor shall deliver the supplies listed for shipment outside Alaska or
Hawaii to the port of
loading i n Alaska o r Hawaii,
r espectively, a s specifi ed in t he contract, a t
Contractor' ' s e xpense,
and to that extent the contract shall be "f . o . b . destination .•
(2 ) Notwi ths t a nding paragraph (c) (1) of thi s clause , if the Contractor ' ' s shippi ng 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 t he same or nearest city where seavan container service is avai lable .
PAGE 15 OF 59 HHM402-08-C-0072