46.314 Transportation contracts
Source: FAR 46.314 on acquisition.gov
Insert the Inspection of Transportation clause (52.246-14) in eligible freight transportation contracts, but not for air, international ocean, or certain discounted services.
Overview
FAR 46.314 specifies the requirements for including the Inspection of Transportation clause (52.246-14) in contracts and solicitations for freight transportation services. This section directs contracting officers to use this clause for contracts involving rail, motor (including bus), domestic freight forwarders, and domestic water carriers, including local drayage. However, it explicitly excludes its use for transportation services by domestic or international air carriers, international ocean carriers, freight services under bills of lading, or those negotiated for reduced rates under specific U.S. Code provisions. The section references FAR Part 47 for additional transportation-related guidance.
Key Rules
- Clause Inclusion Requirement
- The Inspection of Transportation clause (52.246-14) must be included in applicable freight transportation contracts and solicitations.
- Mode-Specific Applicability
- Applies to rail, motor (including bus), domestic freight forwarders, and domestic water carriers, but not to air or international ocean carriers.
- Exclusions
- Do not use the clause for services under bills of lading or those with reduced rates under 49 U.S.C. 10721 or 13712.
Responsibilities
- Contracting Officers: Ensure the correct clause is inserted in eligible contracts and solicitations; verify exclusions are properly applied.
- Contractors: Comply with inspection requirements if the clause is included in their contract.
- Agencies: Oversee compliance with clause inclusion and proper contract administration.
Practical Implications
- This section ensures that appropriate inspection standards are applied to certain transportation contracts, protecting government interests in the shipment of goods. Contractors must be aware of when the clause applies and be prepared for inspection requirements. Misapplication or omission of the clause can lead to compliance issues or disputes over inspection rights.
The contracting officer shall insert the clause at 52.246-14, Inspection of Transportation, in solicitations and contracts for freight transportation services (including local drayage) by rail, motor (including bus), domestic freight forwarder, and domestic water carriers (including inland, coastwise, and intercoastal). The contracting officer shall not use the clause for the acquisition of transportation services by domestic or international air carriers or by international ocean carriers, or to freight services provided under bills of lading or to those negotiated for reduced rates under http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10721&num=0&edition=prelim" target="_blank">49 U.S.C. 10721 or 1 3712. (See part 47, Transportation.)