52.247-38
F.o.b. Inland Carrier, Point of Exportation
Contractors must deliver goods, fully prepared and documented, to the inland carrier at the exportation point at their own expense and risk until delivery is complete.
Overview
- FAR 52.247-38 defines the contractor’s responsibilities when the delivery term is "f.o.b. inland carrier, point of exportation." This clause ensures that the Government receives goods free of expense at the specified inland carrier point for export, and outlines the contractor’s obligations for packing, marking, documentation, delivery, and risk of loss prior to delivery.
Key Rules
- Definition of F.o.b. Inland Carrier, Point of Exportation
- The contractor must deliver goods, at no expense to the Government, on board the inland carrier at the specified exportation point.
- Packing and Marking
- Shipments must be packed and marked per contract specifications, or, if unspecified, prepared for ocean transport per carrier requirements to ensure protection and lowest charges.
- Documentation
- Contractors must prepare and distribute commercial bills of lading or other transportation receipts.
- Delivery and Charges
- Goods must be delivered in good order and condition, on time, and all charges to the delivery point are the contractor’s responsibility.
- Risk of Loss
- The contractor is responsible for loss or damage before delivery to the specified point.
- Assistance with Export/Import Documents
- Upon Government request and at its expense, the contractor must assist in obtaining export or import documents.
Responsibilities
- Contracting Officers: Ensure the clause is included in applicable contracts and verify contractor compliance.
- Contractors: Fulfill all delivery, packing, documentation, and risk of loss obligations as specified.
- Agencies: Oversee contract performance and request export/import documentation assistance as needed.
Practical Implications
- This clause clarifies delivery responsibilities and risk transfer for export shipments, reducing disputes over costs and liability. Contractors must be diligent in preparing shipments and documentation, as failure to comply can result in delays, additional costs, or claims for loss or damage prior to delivery.