[Federal Register: January 3, 2006 (Volume 71, Number 1)]
[Rules and Regulations]
[Page 200-208]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja06-12]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 42, 46, 47, 52, and 53
[FAC 2005-07; FAR Case 2002-005; Item I]
RIN 9000-AJ84
Federal Acquisition Regulation; Transportation: Standard Industry
Practices
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to implement changes
to the Interstate Commerce Act, which abolished tariff-filing
requirements for motor carriers of freight and the Interstate Commerce
Commission (ICC). Also, the rule implements changes to the Federal
Management Regulation that require use of commercial bills of lading
for domestic shipments.
DATES: Effective Date: February 2, 2006.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Jeritta Parnell, Procurement Analyst, at (202) 501-4082. Please
cite FAC 2005-07, FAR case 2002-005. For information pertaining to
status or publication schedules, contact the FAR Secretariat at (202)
501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 69 FR 4004, January 27, 2004, with request for comments.
Thirteen comments from five respondents were received. A discussion of
the comments is provided below. Consideration of these comments
resulted in minor changes to the rule. In addition, editorial changes
were made in the rule.
This final rule amends the FAR to implement changes to the
Interstate Commerce Act. The Act has been substantially amended in
recent years, most notably by the Trucking Industry Regulatory Reform
Act of 1994 (Title II of Public Law 103-311), which abolished tariff-
filing requirements for motor carriers of freight, and by the
Interstate Commerce Commission (ICC) Termination Act of 1995 (Pub. L.
104-88), which abolished the ICC. Also, the rule implements changes to
the Federal Management Regulation that require use of commercial bills
of lading for domestic shipments. This rule amends the FAR to--
Move FAR Subpart 42.14, Traffic and Transportation
Management, to FAR Part 47, Transportation;
Delete the clauses at FAR 52.242-10 and FAR 52.242-11 and
revise and relocate FAR clause 52.242-12 to FAR 52.247-68;
Add definitions of ``bill of lading,'' ``commercial bill
of lading,'' and ``Government bill of lading'' and clarify the usage of
each term throughout FAR Part 47;
Add definitions of ``Government rate tenders,''
``household goods,'' ``noncontiguous domestic trade,'' and ``released
or declared value'';
Require the use of commercial bills of lading for domestic
shipments;
Revise the references to ``49 U.S.C. 10721'' to read ``49
U.S.C. 10721 and 13712'' throughout FAR Part 47 to make it clear that
Government rate tenders can be used in certain situations for the
transportation of household goods by rail carrier (authorized by 49
U.S.C. 10721), as well as by motor carrier, water carrier, and freight
forwarder (authorized by 49 U.S.C. 13712 and the definition of
``carrier'' at 49 U.S.C. 13102);
Update the fact that the Federal Motor Carrier Safety
Administration prescribes commercial zones at 49 CFR Part 372, Subpart
B; and
Make other conforming and editorial changes to FAR Part 47
and related clauses.
B. Summary and Discussion of Public Comments
Comment 1: In reading the existing and proposed text of the clause
at FAR 52.247-67 it is not clear that after the commercial bill of
lading (CBL) is audited and the CBL is forwarded to the paying office
for payment, who the paying office makes the check out to. Is it the
shipper or is it the contractor for the supply contract that contains
the clause at FAR 52.247-1, F.O.B. Origin?
Councils' response: The Councils recommend no action in response to
this comment. The intent of the FAR 52.247-67 revision was to change
the title and include mandatory use of prepayment audits for
transportation billings in respect to cost-reimbursable contracts. FAR
52.247-67 is not meant to address issues of payment. The intent of this
clause is for contractors to submit CBLs to the contracting officer for
a prepayment audit in excess of $100 (threshold raised from $50 to
$100) for cost-reimbursement. In this scenario, the ``contractor'' has
already paid the ``carrier.'' The contractor submits the paid CBL to
the contracting activity (fill-in completed by the contracting
officer.) The agency makes a determination the transportation charges
are valid, proper, and conform to related services with tariffs,
quotations, agreements or tenders prior to contractor reimbursement.
Previously, contractors were responsible for forwarding copies of
freight bills/invoices, CBL's passenger coupons, and supporting
documents along with a statement to General Services Administration
(GSA). The new process places the responsibility with the contracting
activity to conduct CBL prepayment audit and forward original copies of
paid freight bills/invoices, bills of lading, passenger coupons, and
supporting documents as soon as possible following the end of the month
in one package, for postpayment audit to GSA.
In response to the question ``who is the check made out to?'' It
will always be the contractor, since the carrier is already paid;
however, the mechanics of the check process is outside the scope of
this clause. Also note the commentor's reference to FAR clause 52.247-
1, F.O.B. Origin. The clause title should read ``Commercial Bill of
Lading Notations.''
[[Page 201]]
Comment 2: FAR clause 52.247-67 (GSA Commercial Transportation
Bills of Lading) requires that all cost-type contractors compile and
submit to the General Services Administration each month copies of all
vouchers for travel (air and train coupons), freight charges, and even
air express and local courier bills from primes and first-tier
subcontracts. Commenter suggests deleting the clause or increasing the
thresholds to avoid burdensome requirements on small business.
Councils' response: Nonconcur. The proposed change should alleviate
some of the burden referred to by the commenter. The contractor no
longer submits supporting documents to GSA but to the activity
designated in the FAR clause at 52.247-67(a)(3). The passage of the
Travel and Transportation Reform Act of 1998, Public Law 105-264,
incorporated changes to the payment process of all transportation and
related services invoices. By amending Title 31, United States Code, it
establishes the requirements for prepayment audits of Federal agency
transportation expenses. The FAR threshold is now raised for bills of
lading with freight shipment charges exceeding $100 from $50. The
Administrator of General Services has responsibility for exemptions as
authorized by Public Law 105-264 and GSA will continue to monitor the
established threshold, as appropriate. Paragraphs (b), (c) and (d) of
the clause at 52.247-67, now called Submission of Transportation
Documents for Audit, have been relocated to FAR 47.103-1, paragraphs
(c), (d) and (e), with minor adjustments. The reason for this
relocation is that the focus of responsibility for submission of these
documents to GSA has changed from the contractor to the appropriate
government agency.
Comment 3: FAR 47.101, Policies, paragraph (h), the Military
Traffic Management Command had a name change. New name is Surface
Deployment and Distribution Command (SDDC).
Councils' response: Concur. A change to the rule was made to show
Military Surface Deployment and Distribution Command.
Comment 4: FAR 47.001, Definitions. Could you consider the term,
Transportation Service Provider (TSP)? Since this is a term that GSA
uses when referring to a ``carrier''.
Councils' response: Non-concur with using the term TSP for carrier.
In the Federal Management Regulations, the term TSP was defined as
``any party, person, agent or carrier that provides freight or
passenger transportation, and related services to an agency.'' For a
freight shipment this would include packers, truckers, and storers. For
passenger transportation this would include airlines, travel agents and
travel management centers. The Councils took exception to this proposed
change because they felt the terms were not synonymous. The term
``carrier'' when referring to a provider of air, land, or sea
transportation has a specific legal connotation attached to it when
used together, i.e., ``air carrier'' or ``common carrier.'' Although
using the term ``transportation service provider,'' may appear to
simplify the term, it actually distorts and increases confusion to the
real purpose associated with the term ``carrier.''
Comment 5: Commenter opposes the proposed amendments that (i) they
give the impression that federal agencies must use bills of lading and
rate tenders in procuring household goods transportation and related
services instead of FAR-based procedures; and (ii) they fail to state a
preference for utilizing FAR-based procurements in the acquisition of
household goods transportation and related services. Commenter suggests
the following change in the first paragraph of this Background
statement, line 14, change ``that require'' to ``regarding the'' after
amendments.
Councils' Response: Non-Concur. The Councils are not prepared to
state an opinion that one method of obtaining transportation services
is preferable over another. Discretion on which method is most
advantageous is left to the judgment of the contracting officer.
Comment 6: Commenter suggests the following in the fifth bullet of
this Background statement:
``insert the following after shipments `where transportation
services are acquired through the use of bills of ladings, tariffs
and rate tenders as opposed to FAR-based contracting methods.'''
Councils' Response: Non-Concur. The Councils are not prepared to
state an opinion that one method of obtaining transportation services
is preferable over another. Discretion on which method is most
advantageous is left to the judgment of the contracting officer.
Comment 7: Commenter suggests the following in the sixth bullet of
the Background statement in the preamble, line 3, insert ``while''
before ``government rate tenders'' and insert after ``49 U.S.C 12102'',
``the use of FAR-based contracting methods and procedures is
preferred.''
Councils' Response: Non-concur. The Councils are not prepared to
state an opinion that one method of obtaining transportation services
is preferable over another. Discretion on which method is most
advantageous is left to the judgment of the contracting officer.
Comment 8: Commenter suggests the following change to 47.000 Scope
of Subpart (a)(2), (1) Line 10: insert the following after ``49 U.S.C.
13712''. ``However, acquisition of transportation for household goods
and related services should be accomplished through the FAR because of
the benefits FAR-based procurements provide agencies over the use of
``bills of lading.''
Councils' Response: Non-concur. The Councils are not prepared to
state an opinion that one method of obtaining transportation services
is preferable over another. Discretion on which method is most
advantageous is left to the judgment of the contracting officer.
Comment 9: Commenter suggests the following change to 47.000 Scope
of Subpart (a)(2) Line 14: delete ``this contract method is widely used
and, therefore,''
Councils' Response: Non-concur. The Councils are not prepared to
state an opinion that one method of obtaining transportation services
is preferable over another. Discretion on which method is most
advantageous is left to the judgment of the contracting officer.
Comment 10: 47.101 Policies paragraph (a) Line 1. Insert the
following after domestic shipments, ``where transportation services are
acquired through the use of bills of ladings, tariffs and rate tenders
as opposed to FAR-based contracting methods,''
Councils' Response: Non-Concur. No clarity added and is an
incorrect/incomplete statement. Please note the CBL is the ordering
document and can be used as such against any method, FAR or FAR-Exempt.
Comment 11: 47.101 Policies (b) Line 1. Insert the following before
the ``Where transportation services are acquired through the use of
bills of ladings, tariffs and rate tenders as opposed to FAR-based
contracting methods''.
Councils' Response: Non-Concur. The Councils are not prepared to
state an opinion that one method of obtaining transportation services
is preferable over another. Discretion on which method is most
advantageous is left to the judgment of the contracting officer.
Comment 12: The proposed rule says at 47.101 (a): ``For domestic
shipments, the contracting officer shall authorize shipments on
commercial bills of lading (CBLs). Government bills of lading (GBLs)
may be used for international or noncontiguous domestic trade shipments
or when otherwise authorized.'' This requirement
[[Page 202]]
continues throughout the coverage. DOD was mandated to use a data
processing system called Power Track for transportations movements.
Power Track is an automated system that provides all the necessary
checks and balances occurring during a domestic transportation
movement. Power Track does not provide or require the use of Commercial
or Government Bills of Lading except for containerized and overseas
shipments which in concurrence with Power Track utilize the Electronic
Transportation Acquisition System (ETA). ETA produces a commercial Bill
of Lading (BOL).
Commenter objects to the requirement to use BOLs for bulk domestic
shipments. The documents have historically served three principal
purposes: They are the carrier payment instrument, they document the
shipment in terms of weight hauled by each carrier, and they satisfy
the Hazardous Rules of the Department of Transportations (DOT) by
carrying the Hazard Class and nomenclature. Commenter achieves all
three purposes by using Power Track in concert with the Fuels Automated
System (FAS). Additionally, commenter continues to use the required
DD250 or DD1348 as is required.
At 47.103-1, the proposed coverage discusses the requirement to
audit transportations services. Pre audit seems to be one of the
objectives of the rule. Under Power Track, the issuing office and
receiving office confirm matching deliveries prior to the request for
any type of payment for all deliveries over $1600.00. This pre audit
could be extended to lower value deliveries if necessary.
As discussed above, there are instances when Commercial Bills of
Lading are used by the commenter. Containerized and overseas shipments
utilize the Electronic Transportation Acquisition (ETA) systems which
generates a CBL and forwards it to the contractor. This system will not
be expanded to include the greatest portion of CONUS transportation
requirements. Eventually, a COTS system will replace ETA and at that
time, it is expected that it will become commenter's policy to issue
CBLs for all shipments.
Councils' Response: The Councils recommend no action for this
comment. The respondent objects to the requirement to use the Bill of
Lading (BOL) for bulk domestic shipments, suggesting that Power Track
is their preferred vehicle and that DoD has mandated the use of Power
Track. There is no inconsistency between the proposed FAR language and
the DoD mandate to employ Power Track. Specifically, Power Track is a
financial system and does not negate the ability to use a BOL as the
ordering document.
Comment 13: Clause 52.247-68 refers to explosives and poisons,
classes A and B. In accordance with 49 CFR part 173 Transportation of
Hazardous Materials: Paragraph 173.2, Subpart A, they are changed to
Zones A, B, C or D based on their toxicity.
Councils' Response: Partially Concur. The Councils obtained further
clarification from the Defense Energy Support Center (DESC) regarding
the proposed change to the FAR clause at 52.247-68 that refers to
explosives and poisons, classes A and B. In accordance with the CFR
references noted above, classes A and B are replaced with classes 1, 2,
and 6. Classes A and B are replaced with class 1, division 1.1, 1.2 and
1.3; class 2, division 2.3 and class 6, division 6.1. Previous classes
A, B, and C refer to explosives and ammunition. Class A is 1.1 or 1.2;
Class B is 1.2 or 1.3, Class C is 1.4. Poisons are Class 6 but also
overlap with Class 2 gasses that can be explosive or poisonous. The
gasses and poisons are limited to poisonous-by-inhalation (PIH) type.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
C. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., because the rule only clarifies
and updates the FAR coverage to reflect the latest changes of the
referenced Federal Management Regulation and statutes that require use
of commercial bills of lading for domestic shipments. Therefore, this
rule will allow small businesses to use commercial practices in
shipments thus eliminating the need for Government bills of lading on
most transactions. Increasing the threshold for the submission of
Transportation documents on cost reimbursement contracts to the
agencies for audit from $50 to $100 decreases burden and offsets the
increased burden of submission to agencies rather than a monthly
submission to GSA.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Parts 1, 42, 46, 47, 52, and 53
Government procurement.
Dated: December 22, 2005.
Gerald Zaffos,
Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 42, 46, 47, 52, and
53 as set forth below:
0
1. The authority citation for 48 CFR parts 1, 42, 46, 47, 52, and 53
continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1.106 [Amended]
0
2. Amend section 1.106 in the table following the introductory
paragraph by--
0
a. Removing FAR segment ``42.14'' and its corresponding OMB Control
Number ``9000-0056'';
0
b. Adding, in numerical order, FAR segment ``47.208'' and its
corresponding OMB Control Number ``9000-0056'';
0
c. Removing FAR segment ``52.242-12'' and its corresponding OMB Control
Number ``9000-0056''; and
0
d. Adding, in numerical order, FAR segment ``52.247-68'' and its
corresponding OMB Control Number ``9000-0056''.
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
Subpart 42.14--[Removed]
0
3. Remove and reserve Subpart 42.14.
PART 46--QUALITY ASSURANCE
46.314 [Amended]
0
4. Amend section 46.314 by removing ``49 U.S.C. 10721(b)(1)'' and
adding ``49 U.S.C. 10721 or 13712'' in its place.
PART 47--TRANSPORTATION
0
5. Amend section 47.000 by revising paragraph (a)(2) to read as
follows:
47.000 Scope of subpart.
(a) * * *
(2) Acquiring transportation or transportation-related services by
contract methods other than bills of
[[Page 203]]
lading, transportation requests, transportation warrants, and similar
transportation forms. Transportation and transportation services can be
obtained by acquisition subject to the FAR or by acquisition under 49
U.S.C. 10721 or 49 U.S.C. 13712. Even though the FAR does not regulate
the acquisition of transportation or transportation-related services
when the bill of lading is the contract, this contract method is widely
used and, therefore, relevant guidance on the use of the bill of lading
is provided in this part (see 47.104).
* * * * *
0
6. Amend section 47.001 by adding, in alphabetical order, the
definitions ``Bill of lading'', ``Government rate tender'', ``Household
goods'', ``Noncontiguous domestic trade'', and ``Released or declared
value'' to read as follows:
47.001 Definitions.
* * * * *
Bill of lading means a transportation document, used as a receipt
of goods, as documentary evidence of title, for clearing customs, and
generally used as a contract of carriage.
(1) Commercial bill of lading (CBL), unlike the Government bill of
lading, is not an accountable transportation document.
(2) Government bill of lading (GBL) is an accountable
transportation document, authorized and prepared by a Government
official.
* * * * *
Government rate tender under 49 U.S.C. 10721 and 13712 means an
offer by a common carrier to the United States at a rate below the
regulated rate offered to the general public.
Household goods in accordance with 49 U.S.C. 13102 means personal
effects and property used or to be used in a dwelling, when a part of
the equipment or supply of such dwelling, and similar property if the
transportation of such effects or property is arranged and paid for
by--
(1) The householder, except such term does not include property
moving from a factory or store, other than property that the
householder has purchased with the intent to use in his or her dwelling
and is transported at the request of, and the transportation charges
are paid to the carrier by, the householder; or
(2) Another party.
Noncontiguous domestic trade means transportation (except with
regard to bulk cargo, forest products, recycled metal scrap, waste
paper, and paper waste) subject to regulation by the Surface
Transportation Board involving traffic originating in or destined to
Alaska, Hawaii, or a territory or possession of the United States (see
49 U.S.C. 13102(15) and 13702).
Released or declared value means the assigned value of the cargo
for reimbursement purposes, not necessarily the actual value of the
cargo. Released value may be more or less than the actual value of the
cargo. The released value is the maximum amount that could be recovered
by the agency in the event of loss or damage for the shipments of
freight and household goods.
0
7. Revise section 47.002 to read as follows:
47.002 Applicability.
All Government personnel concerned with the following activities
shall follow the regulations in Part 47 as applicable:
(a) Acquisition of supplies.
(b) Acquisition of transportation and transportation-related
services.
(c) Transportation assistance and traffic management.
(d) Administration of transportation contracts, transportation-
related services, and other contracts that involve transportation.
(e) The making and administration of contracts under which payments
are made from Government funds for--
(1) The transportation of supplies;
(2) Transportation-related services; or
(3) Transportation of contractor personnel and their personal
belongings.
0
8. Amend section 47.101 by--
0
a. Redesignating paragraphs (a), (b), (c), (d), and (e) as (c), (d),
(e), (f), and (g), respectively; and adding new paragraphs (a), (b),
and (h); and
0
b. Amending newly designated paragraph (d)(2) introductory text by
removing ``subparagraph (b)(1) above'' and adding ``paragraph (d)(1) of
this section'' in its place.
0
The added text reads as follows:
47.101 Policies.
(a) For domestic shipments, the contracting officer shall authorize
shipments on commercial bills of lading (CBL's). Government bills of
lading (GBL's) may be used for international or noncontiguous domestic
trade shipments or when otherwise authorized.
(b) The contract administration office (CAO) shall ensure that
instructions to contractors result in the most efficient and economical
use of transportation services and equipment. Transportation personnel
will assist and provide transportation management expertise to the CAO.
Specific responsibilities and details on transportation management are
located in the Federal Management Regulation at 41 CFR parts 102-117
and 102-118. (For the Department of Defense, DoD 4500.9-R, Defense
Transportation Regulation.)
* * * * *
(h) When a contract specifies delivery of supplies f.o.b. origin
with transportation costs to be paid by the Government, the contractor
shall make shipments on bills of lading, or on other shipping documents
prescribed by Military Surface Deployment and Distribution Command
(SDDC) in the case of seavan containers, either at the direction of or
furnished by the CAO or the appropriate agency transportation office.
47.102 [Amended]
0
9. Amend section 47.102 in paragraph (b) by removing ``31 CFR parts 261
and 262'' and adding ``31 CFR parts 361 and 362'' in its place.
0
10. Revise section 47.103 and add sections 47.103-1 and 47.103-2 to
read as follows:
47.103 Transportation Payment and Audit Regulation.
47.103-1 General.
(a)(1) Regulations and procedures governing the bill of lading,
documentation, payment, and audit of transportation services acquired
by the United States Government are prescribed in 41 CFR part 102-118,
Transportation Payment and Audit.
(2) For DoD shipments, corresponding guidance is in DoD 4500.9-R,
Defense Transportation Regulation, Part II.
(b) Under 31 U.S.C. 3726, all agencies are required to establish a
prepayment audit program. For details on the establishment of a
prepayment audit, see 41 CFR part 102-118.
(c) The agency designated in paragraph (a)(3) of the clause at
52.247-67 shall forward original copies of paid freight bills/invoices,
bills of lading, passenger coupons, and supporting documents as soon as
possible following the end of the month, in one package for postpayment
audit to the General Services Administration, ATTN: FBA, 1800 F Street,
NW., Washington, DC 20405. The specified agency shall include the paid
freight bills/invoices, bills of lading, passenger coupons, and
supporting documents for first-tier subcontractors under a cost-
reimbursement contract. If the inclusion of the paid freight bills/
invoices, bills of lading, passenger coupons, and supporting documents
for any subcontractor in the shipment is not practicable, the documents
may be forwarded to GSA in a separate package.
[[Page 204]]
(d) Any original transportation bills or other documents requested
by GSA shall be forwarded promptly. The specified agency shall ensure
that the name of the contracting agency is stamped or written on the
face of the bill before sending it to GSA.
(e) A statement prepared in duplicate by the specified agency shall
accompany each shipment of transportation documents. GSA will
acknowledge receipt of the shipment by signing and returning the copy
of the statement. The statement shall show--
(1) The name and address of the specified agency;
(2) The contract number, including any alpha-numeric prefix
identifying the contracting office;
(3) The name and address of the contracting office;
(4) The total number of bills submitted with the statement; and
(5) A listing of the respective amounts paid or, in lieu of such
listing, an adding machine tape of the amounts paid showing the
Contractor's voucher or check numbers.
47.103-2 Contract clause.
Complete and insert the clause at 52.247-67, Submission of
Transportation Documents for Audit, in solicitations and contracts when
a cost-reimbursement contract is contemplated and the contract or a
first-tier cost-reimbursement subcontract thereunder will authorize
reimbursement of transportation as a direct charge to the contract or
subcontract.
0
11. Revise sections 47.104 through 47.104-5 to read as follows:
47.104 Government rate tenders under sections 10721 and 13712 of the
Interstate Commerce Act (49 U.S.C. 10721 and 13712).
(a) This section explains statutory authority for common carriers
subject to the jurisdiction of the Surface Transportation Board (motor
carrier, water carrier, freight forwarder, rail carrier) to offer to
transport persons or property for the account of the United States
without charge or at ``a rate reduced from the applicable commercial
rate.'' Reduced rates are offered in a Government rate tender.
Additional information for civilian agencies is available in the
Federal Management Regulation (41 CFR parts 102-117 and 102-118) and
for DoD in the Defense Transportation Regulation (DoD 4500.9-R).
(b) Reduced rates offered in a Government rate tender are
authorized for transportation provided by a rail carrier, for the
movement of household goods, and for movement by or with a water
carrier in noncontiguous domestic trade.
(1) For Government rate tenders submitted by a rail carrier, a rate
reduced from the applicable commercial rate is a rate reduced from a
rate regulated by the Surface Transportation Board.
(2) For Government rate tenders submitted for the movement of
household goods, ``a rate reduced from the applicable commercial rate''
is a rate reduced from a rate contained in a published tariff subject
to regulation by the Surface Transportation Board.
(3) For Government rate tenders submitted for movement by or with a
water carrier in noncontiguous domestic trade, ``a rate reduced from
the applicable commercial rate'' is a rate reduced from a rate
contained in a published tariff required to be filed with the Surface
Transportation Board.
47.104-1 Government rate tender procedures.
(a) 49 U.S.C. 10721 and 13712 rates are published in Government
rate tenders and apply to shipments moving for the account of the
Government on--
(1) Commercial bills of lading endorsed to show that total
transportation charges are assignable to, and will be reimbursed by,
the Government (see the clause at 52.247-1, Commercial Bill of Lading
Notations); and
(2) Government bills of lading.
(b) Agencies may negotiate with carriers for additional or revised
49 U.S.C. 10721 and 13712 rates in appropriate situations. Only
personnel authorized in agency procedures may carry out these
negotiations. The following are examples of situations in which
negotiations for additional or revised 49 U.S.C. 10721 and 13712 rates
may be appropriate:
(1) Volume movements are expected.
(2) Shipments will be made on a recurring basis between designated
places, and substantial savings in transportation costs appear possible
even though a volume movement is not involved.
(3) Transit arrangements are feasible and advantageous to the
Government.
47.104-2 Fixed-price contracts.
(a) F.o.b. destination. 49 U.S.C. 10721 and 13712 rates do not
apply to shipments under fixed-price f.o.b. destination contracts
(delivered price).
(b) F.o.b. origin. If it is advantageous to the Government, the
contracting officer may occasionally require the contractor to prepay
the freight charges to a specific destination. In such cases, the
contractor shall use a commercial bill of lading and be reimbursed for
the direct and actual transportation cost as a separate item in the
invoice. The clause at 52.247-1, Commercial Bill of Lading Notations,
will ensure that the Government in this type of arrangement obtains the
benefit of 49 U.S.C. 10721 and 13712 rates.
47.104-3 Cost-reimbursement contracts.
(a) 49 U.S.C. 10721 and 13712 rates may be applied to shipments
other than those made by the Government if the total benefit accrues to
the Government, i.e., the Government shall pay the charges or directly
and completely reimburse the party that initially bears the freight
charges. Therefore, 49 U.S.C. 10721 and 13712 rates may be used for
shipments moving on commercial bills of lading in cost reimbursement
contracts under which the transportation costs are direct and allowable
costs under the cost principles of Part 31.
(b) 49 U.S.C. 10721 and 13712 rates may be applied to the movement
of household goods and personal effects of contractor employees who are
relocated for the convenience and at the direction of the Government
and whose total transportation costs are reimbursed by the Government.
(c) The clause at 52.247-1, Commercial Bill of Lading Notations,
will ensure that the Government receives the benefit of lower 49 U.S.C.
10721 and 13712 rates in cost-reimbursement contracts as described in
paragraphs (a) and (b) of this section.
(d) Contracting officers shall--
(1) Include in contracts a statement requiring the contractor to
use carriers that offer acceptable service at reduced rates if
available; and
(2) Ensure that contractors receive the name and location of the
transportation officer designated to furnish support and guidance when
using Government rate tenders.
(e) The transportation office shall--
(1) Advise and assist contracting officers and contractors; and
(2) Make available to contractors the names of carriers that
provide service under 49 U.S.C. 10721 and 13712 rates, cite applicable
rate tenders, and advise contractors of the statement that must be
shown on the carrier's commercial bill of lading (see the clause at
52.247-1, Commercial Bill of Lading Notations).
47.104-4 Contract clause.
(a) In order to ensure the application of 49 U.S.C. 10721 and 13712
rates, where authorized (see 47.104(b)), insert the clause at 52.247-1,
Commercial Bill of Lading Notations, in solicitations and contracts
when the contracts will be--
(1) Cost-reimbursement contracts, including those that may involve
the
[[Page 205]]
movement of household goods (see 47.104-3(b)); or
(2) Fixed-price f.o.b. origin contracts (other than contracts at or
below the simplified acquisition threshold) (see 47.104-2(b) and
47.104-3).
(b) The contracting officer may insert the clause at 52.247-1,
Commercial Bill of Lading Notations, in solicitations and contracts
made at or below the simplified acquisition threshold when it is
contemplated that the delivery terms will be f.o.b. origin.
47.104-5 Citation of Government rate tenders.
When 49 U.S.C. 10721 and 13712 rates apply, transportation offices
or contractors, as appropriate, shall identify the applicable
Government rate tender by endorsement on bills of lading.
0
12. Amend section 47.105 by revising the last sentence of paragraph (b)
to read as follows:
47.105 Transportation assistance.
* * * * *
(b) * * * Military transportation offices shall request needed
additional aid from the Military Surface Deployment and Distribution
Command (SDDC).
0
13. Amend section 47.200 by revising paragraphs (b)(3), (d), and (e) to
read as follows:
47.200 Scope of subpart.
* * * * *
(b) * * *
(3) Household goods for which rates are negotiated under 49 U.S.C.
10721 and 13712. (These statutes do not apply in intrastate moves); or
* * * * *
(d) The procedures in this subpart are applicable to the
transportation of household goods of persons being relocated at
Government expense except when acquired--
(1) Under the commuted rate schedules as required in the Federal
Travel Regulation (41 CFR Chapter 302);
(2) By DoD under the DoD 4500.9-R, Defense Transportation
Regulation; or
(3) Under 49 U.S.C. 10721 and 13712 rates. (These statutes do not
apply in intrastate moves.)
(e) Additional guidance for DoD acquisition of freight and
passenger transportation is in the Defense Transportation Regulation.
47.201 [Amended]
0
14. Amend section 47.201 by removing the definition ``Household
goods''.
47.203 [Removed]
0
15. Remove and reserve section 47.203.
47.207-7 [Amended]
0
16. Amend section 47.207-7 by removing from paragraph (b) ``11707''
(twice) and adding ``11706'' in its place.
0
17. Amend section 47.207-9 by revising the last sentence of paragraph
(a) to read as follows:
47.207-9 Annotation and distribution of shipping and billing
documents.
(a) * * * See 41 CFR part 102-118, Transportation Payment and
Audit.
* * * * *
0
18. Add sections 47.207-10 and 47.207-11 to read as follows:
47.207-10 Discrepancies incident to shipments.
Discrepancies incident to shipment include overage, shortage, loss,
damage, and other discrepancies between the quantity and/or condition
of supplies received from commercial carrier and the quantity and/or
condition of these supplies as shown on the covering bill of lading or
other transportation document. Regulations and procedures for reporting
and adjusting discrepancies in Government shipments are in 41 CFR parts
102-117 and 118. (For the Department of Defense (DoD), see DoD 4500.9-
R, Defense Transportation Regulation, Part II, Chapter 210).
47.207-11 Volume movements within the contiguous United States.
(a) For purposes of contract administration, a volume movement is--
(1) In DoD, the aggregate of freight shipments amounting to or
exceeding 25 carloads, 25 truckloads, or 500,000 pounds, to move during
the contract period from one origin point for delivery to one
destination point or area; and
(2) In civilian agencies, 50 short tons (100,000 pounds) in the
aggregate to move during the contract period from one origin point for
delivery to one destination point or area.
(b) Transportation personnel assigned to or supporting the CAO, or
appropriate agency personnel, shall report planned and actual volume
movements in accordance with agency regulations. DoD activities report
to the Military Surface Deployment and Distribution Command (SDDC)
under DoD 4500.9-R, Defense Transportation Regulation. Civilian
agencies report to the local office of GSA's Office of Transportation
(see http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.gsa.gov/transportation (click on Transportation Management
Zone Offices in left-hand column, then click on Transportation
Management Zones under Contacts on right-hand column).
0
19. Add sections 47.208 through 47.208-2 to read as follows:
47.208 Report of shipment (REPSHIP).
47.208-1 Advance notice.
Military (and as required, civilian agency) storage and
distribution points, depots, and other receiving activities require
advance notice of shipments en route from contractors' plants.
Generally, this notification is required only for classified material;
sensitive, controlled, and certain other protected material;
explosives, and some other hazardous materials; selected shipments
requiring movement control; or minimum carload or truckload shipments.
It facilitates arrangements for transportation control, labor, space,
and use of materials handling equipment at destination. Also, timely
receipt of notices by the consignee transportation office precludes the
incurring of demurrage and vehicle detention charges.
47.208-2 Contract clause.
The contracting officer shall insert the clause at 52.247-68,
Report of Shipment (REPSHIP), in solicitations and contracts when
advance notice of shipment is required for safety or security reasons,
or where carload or truckload shipments will be made to DoD
installations or, as required, to civilian agency facilities.
0
20. Amend section 47.301-3 by--
0
a. Revising paragraph (a);
0
b. Removing from paragraph (b) ``MILSTAMP'' and adding ``DoD 4500.9-R,
Defense Transportation Regulation Part II'' in its place; and
0
c. Revising paragraph (c)(1) to read as follows:
47.301-3 Using the Defense Transportation System (DTS).
(a) All military and civilian agencies shipping, or arranging for
the acquisition and shipment by Government contractors, through the use
of military-controlled transport or through military transshipment
facilities shall follow Department of Defense (DoD) Regulation DoD
4500.9-R, Defense Transportation Regulation Part II. This establishes
uniform procedures and documents for the generation, documentation,
communication, and use of transportation information, thus providing
the capability for control of shipments moving in the DTS. DoD 4500.9-
R, Defense Transportation
[[Page 206]]
Regulation Part II has been implemented on a world-wide basis.
* * * * *
(c) * * *
(1) Effect DoD 4500.9-R, Defense Transportation Regulation Part II
documentation and movement control, including air or water terminal
shipment clearances; and
* * * * *
0
21. Amend section 47.303-1 by revising paragraphs (a)(4) and (b)(5)(v)
to read as follows:
47.303-1 F.o.b. origin.
(a) * * *
(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 the contract (the Federal Motor Carrier
Safety Administration prescribes commercial zones at Subpart B of 49
CFR part 372).
(b) * * *
(5) * * *
(v) Special instructions or annotations requested by the ordering
agency for commercial bills 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''; and
* * * * *
0
22. Amend section 47.303-3 by revising paragraph (a)(1)(iv) to read as
follows:
47.303-3 F.o.b. origin, freight allowed.
(a) * * *
(1) * * *
(iv) 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 the contract (the Federal Motor Carrier
Safety Administration prescribes commercial zones at Subpart B of 49
CFR part 372); and
* * * * *
0
23. Amend section 47.303-4 by revising paragraph (a)(1)(iv) to read as
follows:
47.303-4 F.o.b. origin, freight prepaid.
(a) * * *
(1) * * *
(iv) 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 the contract (the Federal Motor Carrier
Safety Administration prescribes commercial zones at Subpart B of 49
CFR part 372); and
* * * * *
0
24. Amend section 47.303-5 by revising paragraph (a)(1)(iv); and in
paragraph (c) by removing ``The contracting officer shall insert'' and
adding ``Insert'' in its place. The revised text reads as follows:
47.303-5 F.o.b. origin, with differentials.
(a) * * *
(1) * * *
(iv) 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 the contract (the Federal Motor Carrier
Safety Administration prescribes commercial zones at Subpart B of 49
CFR part 372); and
* * * * *
47.303-13 [Amended]
0
25. Amend section 47.303-13 in paragraph (a) by removing ``C.&f.
destination'' and adding ``C.&f. (cost & freight) destination'' in its
place; and by removing from paragraph (c) ``is c.&f. destination'' and
adding ``is c.&f. (Cost & freight) destination'' in its place.
47.303-14 [Amended]
0
26. Amend section 47.303-14 in paragraph (a) by removing ``C.i.f.
destination'' and adding ``C.i.f. (Cost, insurance, freight)
destination'' in its place; and removing from paragraph (c) ``C.i.f.
Destination'' and adding ``C.i.f. (Cost, insurance, freight)
Destination'' in its place.
47.303-15 [Amended]
0
27. Amend section 47.303-15 in paragraph (b)(3) by removing the word
``Government''.
47.305-3 [Amended]
0
28. Amend section 47.305-3 in the first sentence of the introductory
paragraph by removing ``, and to 42.1404-2, where the use of bills of
lading, parcel post, and indicia mail is prescribed''.
47.305-6 [Amended]
0
29. Amend section 47.305-6 by--
0
a. Removing from the introductory text of paragraph (a)(3) ``c.&f.
destination'' and adding ``c.&f. (cost & freight) destination'' in its
place;
0
b. Removing from the introductory text of paragraph (a)(4) ``c.i.f.
destination'' and adding ``c.i.f. (cost, insurance, freight)
destination'' in its place;
0
c. Removing from paragraph (f)(1)(i) ``MILSTAMP'' and adding ``DoD
4500.9-R, Defense Transportation Regulation, Part II,'' in its place;
0
d. In paragraph (f)(1)(ii), revising the parenthetical to read ``(see
DoD 4500.9-R, Defense Transportation Regulation, Part II)''; and
0
e. Removing from paragraph (g) ``(see MILSTAMP at 47.301-3)''.
47.305-9 [Amended]
0
30. Amend section 47.305-9 by removing from the first sentence of
paragraph (a) ``tariffs'' and adding ``the National Motor Freight
Classification (NMFC) (for carriers) and the Uniform Freight
Classification (UFC) (for rail)'' in its place.
47.305-13 [Amended]
0
31. Amend section 47.305-13 in paragraph (b)(3) by removing the last
sentence.
47.504 [Amended]
0
32. Amend section 47.504 in paragraph (a) by removing ``of the Panama
Canal Commission or''.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.212-5 [Amended]
0
33. Amend section 52.212-5 by revising the date of clause to read
``(FEB 2006)'' and removing from paragraphs (b)(35)(i) and (e)(1)(vii)
of the clause ``(APR 2003)'' and ``46 U.S.C. Appx 1241'' and adding
``(FEB 2006)'' and ``46 U.S.C. Appx 1241(b)'', respectively, in its
place.
52.213-4 [Amended]
0
34. Amend section 52.213-4 by--
0
a. By revising the date of clause to read ``(FEB 2006)'';
0
b. Removing from paragraph (a)(2)(vi) of the clause ``(DEC 2004)'' and
adding ``(FEB 2006)'' in its place;
0
c. Removing from paragraph (b)(1)(xi) of the clause ``(APR 2003)'' and
adding ``(FEB 2006)'' in its place; and
0
d. Removing from paragraph (b)(2)(iii) of the clause ``(JUNE 1988)''
and adding ``(FEB 2006)'' in its place.
52.242-10 [Removed]
52.242-11 [Removed]
52.242-12 [Removed]
0
35. Remove and reserve sections 52.242-10, 52.242-11, and 52.242-12.
52.244-6 [Amended]
0
36. Amend section 52.244-6 by--
0
a. By revising the date of clause to read ``(FEB 2006)''; and
0
b. Removing from paragraph (c)(1)(vi) of the clause ``(APR 2003)'' and
adding ``(FEB 2006)'' in its place.
52.246-14 [Amended]
0
37. Amend section 52.246-14 by removing from the prescription``49
U.S.C. 1072(b)(1)'' and adding ``49 U.S.C. 10721 or 13712'' in its
place.
[[Page 207]]
52.247-1 [Amended]
0
38. Amend section 52.247-1 by revising the date of the clause to read
``(FEB 2006)''; and by removing the word ``If'' from the introductory
paragraph of the clause and adding ``When'' in its place.
52.247-3 [Amended]
0
39. Amend section 52.247-3 by--
0
a. Revising the date of the clause to read ``(FEB 2006)'';
0
b. Removing from the end of paragraph (a) of the clause ``Interstate
Commerce Commission'' and adding ``Federal Motor Carrier Safety
Administration'' in its place; and
0
c. Removing from the second sentence of paragraph (b)(2) of the clause
``(see 49 CFR 1048)'' and adding ``(see Subpart B of 49 CFR part 372)''
in its place.
0
40. Amend section 52.247-29 by revising the date of the clause and
paragraphs (a)(4) and (b)(5)(v) to read as follows:
52.247-29 F.o.b. Origin.
* * * * *
F.O.B. ORIGIN (FEB 2006)
(a) * * *
(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 the contract (the Federal Motor Carrier
Safety Administration prescribes commercial zones at Subpart B of 49
CFR part 372).
(b) * * *
(5) * * *
(v) Special instructions or annotations requested by the ordering
agency for commercial bills 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''; and
* * * * *
(End of clause)
0
41. Amend section 52.247-30 by revising the date of the clause and
paragraph (b)(5)(v) to read as follows:
52.247-30 F.o.b. Origin, Contractor's Facility.
* * * * *
F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)
* * * * *
(b) * * *
(5) * * *
(v) Special instructions or annotations requested by the ordering
agency for bills 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''; and
* * * * *
(End of clause)
0
42. Amend section 52.247-31 by revising the date of the clause and
paragraphs (a)(1)(iv) and (b)(5)(v) to read as follows:
52.247-31 F.o.b. Origin, Freight Allowed.
* * * * *
F.O.B. ORIGIN, FREIGHT ALLOWED (FEB 2006)
(a) * * *
(1) * * *
(iv) 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 the contract the Federal Motor Carrier Safety
Administration prescribes commercial zones at Subpart B of 49 CFR part
372; and
* * * * *
(b) * * *
(5) * * *
(v) Special instructions or annotations requested by the ordering
agency for commercial bills 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''; and
* * * * *
(End of clause)
0
43. Amend section 52.247-32 by revising the date of the clause and
paragraph (a)(1)(iv); removing the word ``commercial'' from the first
sentence of the introductory text of paragraph (b)(5); and revising
paragraph (b)(5)(v) to read as follows:
52.247-32 F.o.b. Origin, Freight Prepaid.
* * * * *
F.O.B. ORIGIN, FREIGHT PREPAID (FEB 2006)
(a) * * *
(1) * * *
(iv) 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 the contract (the Federal Motor Carrier
Safety Administration prescribes commercial zones at Subpart B of 49
CFR part 372); and
* * * * *
(b) * * *
(5) * * *
(v) Special instructions or annotations requested by the ordering
agency for bills 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''; and
* * * * *
(End of clause)
0
44. Amend section 52.247-33 by revising the date of the clause and
paragraphs (a)(1)(iv), (b)(5)(v), and the second sentence of (c)(2) to
read as follows:
52.247-33 F.o.b. Origin, with Differentials.
* * * * *
F.O.B. ORIGIN, WITH DIFFERENTIALS (FEB 2006)
(a) * * *
(1) * * *
(iv) 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 the contract (the Federal Motor Carrier
Safety Administration prescribes commercial zones at Subpart B of 49
CFR part 372); and
* * * * *
(b) * * *
(5) * * *
(v) Special instructions or annotations requested by the ordering
agency for bills of lading; e.g., ``This shipment is the property of,
and the freight charges paid to the carrier will be reimbursed by, the
Government''; and
* * * * *
(c)(1) * * *
(2) * * * If, at the time of shipment, the Government specifies a
mode of transportation, type of vehicle, or place of delivery for which
the offeror has set forth a differential, the Contractor shall include
the total of such differential costs (the applicable differential
multiplied by the actual weight) as a separate reimbursable item on the
Contractor's invoice for the supplies.
* * * * *
(End of clause)
52.247-38 [Amended]
0
45. Amend section 52.247-38 by revising the date of the clause to read
``(FEB 2006)''; and in paragraph (b)(2) of the clause by adding ``or
other transportation receipt'' after the word ``lading''.
52.247-43 [Amended]
0
46. Amend section 52.247-43 by revising the date of the clause to read
``(FEB 2006)''; and removing from paragraph (b)(3) of the clause the
word ``Government''.
52.247-51 [Amended]
0
47. Amend section 52.247-51 by revising the date of Alternate I to read
``(FEB 2006)''; and by removing from paragraph (a) ``Military Traffic
Management Command'' and adding ``Military Surface Deployment and
Distribution Command (SDDC)'' in its place.
0
48. Amend section 52.247-52 by--
0
a. Revising the date of the clause;
0
b. Revising paragraphs (a)(3)(iv) and (a)(3)(v); and removing paragraph
(a)(3)(vi);
0
c. Removing ``MILSTAMP'' from paragraph (f)(1) of the clause and adding
``transportation responsibilities under DoD 4500.9-R, Defense
Transportation Regulation,'' in its place; and
[[Page 208]]
0
d. Removing the word ``commercial'' from paragraphs (h)(1) and (h)(2)
of the clause.
0
The revised and added text reads as follows:
52.247-52 Clearance and Documentation Requirements--Shipments to DoD
Air or Water Terminal Transshipment Points.
* * * * *
CLEARANCE AND DOCUMENTATION REQUIREMENTS--SHIPMENTS TO DOD AIR
OR WATER TERMINAL TRANSSHIPMENT POINTS (FEB 2006)
* * * * *
(a) * * *
(3) * * *
(iv) Explosives, ammunition, poisons or other dangerous articles
classified as class 1, division 1.1, 1.2, 1.3, 1.4; class 2, division
2.3; and class 6, division 6.1; or
(v) Radioactive material, as defined in 49 CFR 173.403, class 7.
* * * * *
52.247-64 [Amended]
0
49. Amend section 52.247-64 by--
0
a. Revising the date of the clause to read ``(FEB 2006)'';
0
b. Removing from paragraph (e)(1) of the clause ``of the Panama Canal
Commission or'';
0
c. Revising the date of Alternate II to read ``(FEB 2006)''; and
0
d. Removing from paragraph (e)(1) of Alternate II ``of the Panama Canal
Commission or''.
0
50. Revise section 52.247-67 to read as follows:
52.247-67 Submission of Transportation Documents for Audit.
As prescribed in 47.103-2, insert the following clause:
SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB 2006)
(a) The Contractor shall submit to the address identified below,
for prepayment audit, transportation documents on which the United
States will assume freight charges that were paid--
(1) By the Contractor under a cost-reimbursement contract; and
(2) By a first-tier subcontractor under a cost-reimbursement
subcontract thereunder.
(b) Cost-reimbursement Contractors shall only submit for audit
those bills of lading with freight shipment charges exceeding $100.
Bills under $100 shall be retained on-site by the Contractor and made
available for on-site audits. This exception only applies to freight
shipment bills and is not intended to apply to bills and invoices for
any other transportation services.
(c) Contractors shall submit the above referenced transportation
documents to--
----------------------------
----------------------------
----------------------------
[To be filled in by Contracting Officer]
(End of clause)
0
51. Section 52.247-68 is added to read as follows:
52.247-68 Report of Shipment (REPSHIP).
As prescribed in 47.208-2, insert the following clause:
REPORT OF SHIPMENT (REPSHIP) (FEB 2006)
(a) Definition. Domestic destination, as used in this clause,
means--
(1) A destination within the contiguous United States; or
(2) If shipment originates in Alaska or Hawaii, a destination in
Alaska or Hawaii, respectively.
(b) Unless otherwise directed by the Contracting Officer, the
Contractor shall--
(1) Send a prepaid notice of shipment to the consignee
transportation officer--
(i) For all shipments of--
(A) Classified material, protected sensitive, and protected
controlled material;
(B) Explosives and poisons, class 1, division 1.1, 1.2 and 1.3;
class 2, division 2.3 and class 6, division 6.1;
(C) Radioactive materials requiring the use of a III bar label; or
(ii) When a truckload/carload shipment of supplies weighing 20,000
pounds or more, or a shipment of less weight that occupies the full
visible capacity of a railway car or motor vehicle, is given to any
carrier (common, contract, or private) for transportation to a domestic
destination (other than a port for export);
(2) Transmits the notice by rapid means to be received by the
consignee transportation officer at least 24 hours before the arrival
of the shipment; and
(3) Send, to the receiving transportation officer, the bill of
lading or letter or other document containing the following information
and prominently identified as a ``Report of Shipment'' or ``REPSHIP FOR
T.O.''
REPSHIP FOR T.O. 81 JUN 01
TRANSPORTATION OFFICER
DEFENSE DEPOT, MEMPHIS, TN.
SHIPPED YOUR DEPOT 1981 JUN 1 540 CTNS MENS COTTON TROUSERS,
30,240 LB, 1782 CUBE, VIA XX-YY*
IN CAR NO. XX 123456**-BL***-C98000031****CONTRACT DLA----------
ETA*****-JUNE 5 JONES & CO., JERSEY CITY, N.J.
*Name of rail carrier, trucker, or other carrier.
**Vehicle identification.
***Bill of lading.
****If not shipped by BL, identify lading document and state
whether paid by contractor.
*****Estimated time of arrival.
(End of clause)
PART 53--FORMS
0
52. Revise section 53.247 to read as follows:
53.247 Transportation (U.S. Commercial Bill of Lading).
The commercial bill of lading is the preferred document for the
transportation of property, as specified in 47.101.
[FR Doc. 05-24546 Filed 12-30-05; 8:45 am]
BILLING CODE 6820-EP-S