52.247-58 Loading, Blocking, and Bracing of Freight Car Shipments
Source: FAR 52.247-58 on acquisition.gov
Contractors must follow Association of American Railroads standards—or obtain written carrier approval for alternatives—when loading, blocking, and bracing rail car shipments, or risk liability for damages.
Overview
FAR 52.247-58 establishes requirements for contractors regarding the loading, blocking, and bracing of supplies shipped in carload lots by rail. The clause mandates that contractors follow the standards published by the Association of American Railroads (AAR) when preparing shipments, or, if no such standards exist, use shipper-established standards accepted in writing by the carrier. Contractors are held liable for any damage resulting from failure to comply with these standards. This clause ensures that shipments are properly secured to prevent damage during rail transport, protecting both government property and contractor interests.
Key Rules
- Use of AAR Standards
- Contractors must load, block, and brace rail car shipments according to current AAR standards.
- Alternative Standards
- If AAR standards do not exist for a shipment, contractors must use shipper-established standards that are accepted in writing by the carrier.
- Liability for Damage
- Contractors are responsible for any damage caused by improper loading, blocking, or bracing.
- Access to Standards
- Contractors may obtain AAR standards pamphlets directly from the Association of American Railroads.
Responsibilities
- Contracting Officers: Ensure the clause is included in applicable contracts and verify compliance.
- Contractors: Follow AAR or accepted alternative standards for all applicable shipments and accept liability for damages due to non-compliance.
- Agencies: Oversee contractor compliance and address any claims for damages.
Practical Implications
- This clause exists to minimize damage to government property during rail shipment by enforcing industry best practices.
- Contractors must be proactive in obtaining and following the correct standards, as failure to do so can result in financial liability.
- Common pitfalls include using outdated standards, failing to obtain written carrier acceptance for alternative methods, or neglecting to document compliance.
As prescribed in 47.305-15(a)(2), insert the following clause in solicitations and contracts when supplies may be shipped in carload lots by rail:
Loading, Blocking, and Bracing of Freight Car Shipments (Apr 1984)
(a) Upon receipt of shipping instructions, as provided in this contract, the supplies to be included in any carload shipment by rail shall be loaded, blocked, and braced by the Contractor in accordance with the standards published by the Association of American Railroads and effective at the time of shipment.
(b) Shipments, for which the Association of American Railroads has published no such standards, shall be loaded, blocked, and braced in accordance with standards established by the shipper as evidenced by written acceptance of an authorized representative of the carrier.
(c) The Contractor shall be liable for payment of any damage to any supplies caused by the failure to load, block, and brace in accordance with acceptable standards set forth herein.
(d) A copy of the appropriate pamphlet of the Association of American Railroads may be obtained from that Association.
(End of clause)