AAWSAP Solicitation and Original Order, September 2008
DOW-UAP-D111 · page 16 of 59
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(End of Cl ause) F. 2 52 . 247-34 F . O. B. DESTINATION (NOV 1991 ) (a) The term " f . o .b. destination, " as used i n this clause, means- (1 ) Free of expense to the Government, on board the carrier ' ' s conveyance, at a specifi ed delivery point where the consignee ' ' s facility (plant , warehouse, store, lot , or other location to whi ch shipment can be made) is locat ed; and (b) The Contractor s hall- (3) Deli ver t he shipment i n good order and condi t ion t o the poi nt of delivery spec i fied i n t he contract; (2 ) Supplies s hall be delivered t o the desti nat i on consignee ' ' s whar f (if desti nati on i s a port city and suppl ies are for export ) , warehouse unloading platform, or receiving dock, at the expense of t he Cont ractor. The Gove r nment shall not be liable f or any delivery, storage, demurrage, accessorial , or other charges involved before the actual delivery (or "constructive pl acement " as defined i n carrier tari ffs ) of the supplies to t he destination, unless s uch charges are caused by an act or order of the Government acting i n its contractual capaci ty . If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee . I f motor carrier (i ncluding "piggyback" ) is used, supplies shall be delivered to truck tail gate at the unl oad i ng platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the Nati onal 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 t he consignee, with assistance from t he truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall e nsure t hat the carrier will furnish tailgate delivery, when required, if transfer to t r uck i s required to complete deliver y to consignee . ( 1 ) (i ) Pack and mark t he s hi pment t o comply with cont ract specifi cat i ons ; or (ii) In the absence of specifications , prepare the shipment in conformance with carrier requirement s ; (2 ) Prepare and distribute commercial bills of lading; (4 ) Be responsibl e f or any l oss of and/or damage t o t he goods occurri ng bef ore r ecei pt of the s hipment by t he consignee at the delivery point specified in the contract ; (5 ) Furnish a deliver y schedule and desi gnate t he mode of deli veri ng carri e r ; and (6 ) Pay and bear all c harges to the specified point of delivery . (End of Clause) PAGE 16 OF 59 HHM402-08-C-0072