47.303-12 Ex dock, pier, or warehouse, port of importation
Source: FAR 47.303-12 on acquisition.gov
Contractors must deliver goods to the specified port location at no expense to the Government, bearing all costs and risks up to that point.
Overview
FAR 47.303-12 defines the delivery term "Ex dock, pier, or warehouse, port of importation" and outlines the responsibilities of contractors when this term is used in government contracts. Under this term, the contractor must deliver goods free of expense to the Government at a specified dock, pier, or warehouse at the port of importation. The contractor is responsible for packing, marking, and preparing the shipment according to contract specifications or, if unspecified, in accordance with carrier requirements. All costs up to the point of delivery—including transportation, export/import fees, wharfage, landing, customs duties, and documentation—are borne by the contractor. The contractor is also liable for any loss or damage to the goods prior to delivery at the specified location. Contracting officers are required to include the clause at 52.247-40 in solicitations and contracts using this delivery term.
Key Rules
- Definition of Delivery Term
- "Ex dock, pier, or warehouse, port of importation" means delivery is completed when goods are placed, at no expense to the Government, at the specified location at the port of importation.
- Contractor Responsibilities
- Contractors must pack, mark, and prepare shipments per contract or carrier requirements, deliver goods in good order, pay all charges up to delivery, and are responsible for loss or damage before delivery.
- Mandatory Clause
- The clause at 52.247-40 must be included in contracts using this delivery term.
Responsibilities
- Contracting Officers: Must ensure the correct clause is included in applicable contracts.
- Contractors: Must handle all logistics, costs, and risks up to the specified delivery point.
- Agencies: Oversee compliance with delivery and contractual obligations.
Practical Implications
- This section clarifies risk and cost allocation for international shipments delivered to U.S. ports. Contractors must plan for all logistics and costs up to delivery, and failure to comply can result in financial liability or contract disputes. Proper documentation and understanding of delivery terms are critical to avoid misunderstandings and ensure smooth contract performance.
(a) Explanation of delivery term."Ex dock, pier, or warehouse, port of importation" means free of expense to the Government delivered on the designated dock or pier or in the warehouse at the specified port of importation.
(b) Contractor responsibilities. The contractor shall-
(1)
(i) Pack and mark the shipment to comply with contract specifications; or
(ii) In the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirements to protect the goods;
(2)
(i) Deliver shipment in good order and condition; and
(ii) Pay and bear all charges up to the point of delivery specified in the contract, including transportation costs; export, import, or other fees or taxes; costs of wharfage and landing, if any; customs duties; and costs of certificates of origin, consular invoices, or other documents that may be required for exportation or importation; and
(3) Be responsible for any loss of and/or damage to the goods occurring before delivery of the shipment to the point of delivery specified in the contract.
(c) Contract clause. The contracting officer shall insert in solicitations and contracts the clause at 52.247-40, Ex Dock, Pier, or Warehouse, Port of Importation, when the delivery term is ex dock, pier, or warehouse, port of importation.