52.247-52 Clearance and Documentation Requirements-Shipments to DoD Air or Water Terminal Transshipment Points
Source: FAR 52.247-52 on acquisition.gov
Contractors shipping to DoD air or water transshipment points must obtain export clearance, provide advance shipment details, and ensure all movement documents are properly annotated and distributed to comply with DoD regulations.
Overview
FAR 52.247-52 establishes specific clearance and documentation requirements for contractors shipping goods to Department of Defense (DoD) air or water terminal transshipment points for overseas destinations. The clause details when and how contractors must obtain export releases, provide shipment information, and annotate shipping documents to ensure compliance with DoD transportation regulations. Its purpose is to maintain security, proper tracking, and regulatory compliance for sensitive or regulated shipments moving through DoD-controlled terminals.
Key Rules
- Export Release Requirement
- Contractors must obtain an Export Release from the Government transportation office at least 10 days before shipping cargo to a water port for certain shipments, including those over 10,000 pounds, classified materials, dangerous goods, or specific sensitive items.
- Advance Shipment Information
- At least 5 days before shipping to any port or airport, contractors must provide detailed shipment information to the Government transportation office to facilitate preparation of a Transportation Control and Movement Document (TCMD).
- Document Annotation
- All movement documents must be annotated with specific information, including Transportation Control Number, Consignor and Consignee Codes, Export Release Number, and cubic foot measurement.
- Distribution of Movement Documents
- Contractors must mail a copy of the bill of lading to the transshipment point and provide a copy to the carrier for delivery presentation.
Responsibilities
- Contracting Officers: Ensure the clause is included in applicable contracts and monitor contractor compliance.
- Contractors: Obtain necessary export releases, provide required shipment information, annotate documents correctly, and distribute movement documents as specified.
- Agencies: Oversee transportation security, documentation, and regulatory compliance for shipments through DoD terminals.
Practical Implications
- This clause ensures shipments to DoD transshipment points are secure, traceable, and compliant with federal and DoD regulations.
- Contractors must plan ahead to meet notification and documentation deadlines, especially for sensitive or regulated cargo.
- Common pitfalls include failing to obtain timely export releases, incomplete documentation, or improper annotation, which can delay shipments or result in noncompliance.
As prescribed in 47.305-6(f)(2), insert the following clause in solicitations and contracts when shipments will be consigned to DoD air or water terminal transshipment points:
Clearance and Documentation Requirements-Shipments to DoD Air or Water Terminal Transshipment Points (Feb 2006)
All shipments to water or air ports for transshipment to overseas destinations are subject to the following requirements unless clearance and documentation requirements have been expressly delegated to the Contractor:
(a) At least 10 days before shipping cargo to a water port, the Contractor shall obtain an Export Release from the Government transportation office for-
(1) Each shipment weighing 10,000 pounds or more; and
(2) Each shipment weighing less than 10,000 pounds; if the cargo either-
(i) Is classified Top Secret, Secret, or CONFIDENTIAL;
(ii) Will require exclusive use of a motor vehicle;
(iii) Will occupy full visible capacity of a railway car or motor vehicle;
(iv) Is less than a carload or truckload, but will be tendered as a carload or truckload; or
(v) Is to be shipped to an ammunition outloading port for water shipment; or
(3) Each shipment weighing less than 10,000 pounds if the cargo consists of-
(i) Narcotics;
(ii) Perishable biological material;
(iii) Vehicles to be offered for driveaway service;
(iv) Explosives, ammunition, poisons or other dangerous articles classified as class 1, division 1.1, 1.2, 1.3, 1.4; class 2, division 2.3; and class 6, division 6.1; or
(v) Radioactive material, as defined in 49 CFR 173.403, class 7.
(b) The Contractor is cautioned not to order railway cars or motor vehicles for loading until an Export Release has been received.
(c) If the Contracting Officer directs delivery within a shorter period than 10 days, the Contractor shall advise the transportation office of the date on which the cargo will be ready for shipment.
(d) At least 5 days before shipping cargo to either a water port or an airport (regardless of the weight, security classification, or the commodity description), the Contractor shall provide the Government transportation office the information shown in paragraph (e) of this clause to permit preparation of a Transportation Control and Movement Document (TCMD).
(e) When applying for the Export Release in paragraph (a) of this clause or when providing information for preparation of the TCMD in accordance with paragraph (d) of this clause, the Contractor shall furnish the-
(1) Proposed date or dates of shipment;
(2) Number and type of containers;
(3) Gross weight and cube of the shipment;
(4) Number of cars or trucks that will be involved;
(5) Transportation Control Number(s) (TCN) as required for marking under MIL-STD-129 or Federal Standard 123; and
(6) Proper shipping name as specified in 46 CFR 146.05 for all items classified as dangerous substances as required for marking under MIL-STD-129.
(f) All movement documents (Government or commercial bills of lading or other delivery documents) shall be annotated by the Contractor with the-
(1) Transportation Control Number, Consignor Code of activity directing the shipment; i.e., cognizant contract administration office, purchasing office when contract administration has been retained, or a Contractor specifically delegated transportation responsibilities under DoD 4500.9-R, Defense Transportation Regulation, responsibilities in the contract, whichever is appropriate, Consignee Code, and Transportation Priority for each shipment unit;
(2) Export Release Number and valid shipping period, if stated (if expired, the Contractor shall request a renewal); and
(3) Cubic foot measurement of each shipment unit.
(g) All annotations on the movement documents shall be made in the "Description of Articles" space except, on Government bills of lading the Export Release number and shipping period shall be entered in the space entitled "Route Order/Release No."
(h) The Contractor shall-
(1) Mail a copy of the bill of lading or other movement document to the transshipment point; and
(2) Give a copy of the bill of lading or other movement document to the carrier for presentation to the transshipment point with delivery of the shipment.
(End of clause)