47.304-5 Exceptions
Source: FAR 47.304-5 on acquisition.gov
When unusual delivery circumstances arise, contracting officers must consult transportation officers before using non-standard f.o.b. terms in solicitations.
Overview
FAR 47.304-5 outlines the exceptions to standard f.o.b. (free on board) origin or destination terms in government contracts. It recognizes that unusual conditions or circumstances may necessitate alternative delivery terms. Examples include transportation disabilities, specific modes of transportation, facility availability, supply characteristics, trade customs, locations in Alaska or Hawaii, and unique program requirements. The regulation requires contracting officers to seek guidance from transportation officers before issuing solicitations when such exceptions are present, ensuring that delivery terms are appropriate and feasible for the situation.
Key Rules
- Exceptions to Standard f.o.b. Terms
- When unusual conditions exist, terms other than f.o.b. origin or destination may be used.
- Consultation Requirement
- Contracting officers must consult transportation officers before issuing solicitations involving non-standard f.o.b. terms due to unusual circumstances.
Responsibilities
- Contracting Officers: Must identify when exceptions to standard f.o.b. terms are needed and consult transportation officers accordingly.
- Contractors: Should be aware that delivery terms may vary and be prepared to comply with alternative arrangements.
- Agencies: Ensure proper coordination between contracting and transportation personnel to address delivery challenges.
Practical Implications
- This section exists to provide flexibility in delivery terms when standard f.o.b. arrangements are impractical or impossible.
- It impacts daily contracting by requiring additional coordination and potentially more complex logistics planning.
- Common pitfalls include failing to consult transportation officers or overlooking unique delivery challenges, which can lead to contract performance issues.
(a) Unusual conditions or circumstances may require the use of terms other than f.o.b. origin or f.o.b. destination. Such conditions or circumstances include, but are not limited to-
(1) Transportation disabilities at origin or destination;
(2) Mode of transportation required;
(3) Availability of Government or commercial loading, unloading, or transshipment facilities;
(4) Characteristics of the supplies;
(5) Trade customs related to certain supplies;
(6) Origins or destinations in Alaska and Hawaii; and
(7) Program requirements.
(b) Contracting officers shall obtain assistance from transportation officers before issuing solicitations when unusual conditions or circumstances exist that relate to f.o.b. terms.