Shipments to ports and air terminals
FAR 47.305-6 mandates detailed shipment data, port identification, and compliance with U.S. transportation laws for contracts involving shipments to ports and air terminals, especially for overseas and export shipments.
Overview
FAR 47.305-6 outlines the requirements for government solicitations and contracts involving shipments to ports and air terminals, particularly for overseas or export shipments. It specifies the information offerors must provide based on various delivery terms (e.g., f.o.b., c.i.f., c.&f.), such as delivery schedules, maximum shipment quantities, lead times, and port details. The section also details how contracting officers should identify ports of loading and debarkation, allow for alternative port nominations, and apply relevant solicitation provisions and clauses. Special requirements apply for shipments moving through the Defense Transportation System (DTS), including documentation and export release procedures. The regulation also addresses compliance with the Cargo Preference Act and Fly America Act, and emphasizes coordination with transportation offices for export shipments.
Key Rules
- Offeror Data Requirements by Delivery Term
- Offerors must provide detailed shipment information (e.g., schedules, quantities, port details) tailored to the specific delivery term used in the solicitation.
- Port Identification and Evaluation
- Solicitations must specify CONUS ports of loading and debarkation, but may allow offerors to nominate additional eligible ports for competitive evaluation.
- Special Provisions for DoD Shipments
- When using the Defense Transportation System, specific documentation (TCMD, Export Release) and contract clauses are required.
- Compliance with Cargo Preference and Fly America Acts
- Shipments must consider U.S.-flag vessel and carrier requirements as mandated by law.
Responsibilities
- Contracting Officers: Must include appropriate data requirements, identify ports, insert required clauses, and ensure compliance with transportation regulations and acts.
- Contractors: Must provide all required shipment data, comply with documentation and export release requirements, and use U.S.-flag carriers when applicable.
- Agencies: Must coordinate with transportation offices for export shipments and ensure compliance with statutory requirements.
Practical Implications
- Ensures efficient, compliant export and overseas shipment processes.
- Impacts solicitation preparation, offer evaluation, and contract administration.
- Common pitfalls include incomplete shipment data, failure to use required clauses, or non-compliance with U.S.-flag requirements.