47.000 Scope of part
Source: FAR 47.000 on acquisition.gov
FAR 47.000 sets the framework for integrating transportation considerations into federal acquisitions and clarifies when statutory requirements override FAR provisions.
Overview
- FAR 47.000 outlines the scope of Part 47, which establishes policies and procedures for incorporating transportation and traffic management considerations into federal acquisitions. It also covers the acquisition of transportation and transportation-related services by contract methods other than traditional transportation forms like bills of lading, transportation requests, and warrants. The section clarifies that while the FAR does not regulate acquisitions when the bill of lading is the contract, guidance on its use is still provided due to its prevalence. Additionally, it notes that definitions in this part are condensed from statutory sources, and statutory language prevails in case of conflict.
Key Rules
- Transportation in Acquisitions
- Agencies must consider transportation and traffic management in the acquisition of supplies.
- Contracting for Transportation Services
- Transportation services can be acquired through FAR-regulated contracts or under specific U.S. Code provisions, with guidance provided for commonly used forms like bills of lading.
- Statutory Definitions Prevail
- If there is a conflict between FAR language and statutory definitions, the statute takes precedence.
Responsibilities
- Contracting Officers: Ensure transportation and traffic management are considered in acquisitions and use appropriate contracting methods for transportation services.
- Contractors: Be aware of the different contracting methods and statutory requirements for transportation services.
- Agencies: Provide oversight and ensure compliance with both FAR and statutory requirements.
Practical Implications
- This section ensures that transportation considerations are integrated into federal procurement and clarifies the regulatory boundaries for acquiring transportation services. It helps prevent confusion over which rules apply and highlights the importance of statutory compliance, especially when using bills of lading or other traditional transportation forms.
(a) This part prescribes policies and procedures for-
(1) Applying transportation and traffic management considerations in the acquisition of supplies; and
(2) Acquiring transportation or transportation-related services by contract methods other than bills of 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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10721&num=0&edition=prelim" target="_blank">49 U.S.C. 10721 or http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section13712&num=0&edition=prelim" target="_blank">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).
(b) The definitions in this part have been condensed from statutory definitions. In case of inconsistency between the language of this part and the statutory requirements, the statute shall prevail.