AAWSAP Solicitation and Original Order, September 2008
DOW-UAP-D111 · page 15 of 59
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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