52.247-7 Freight Excluded
Source: FAR 52.247-7 on acquisition.gov
FAR 52.247-7 clearly defines which types of shipments are excluded from transportation contracts, protecting contractors from liability for high-risk or special freight.
Overview
FAR 52.247-7, "Freight Excluded," specifies which types of shipments are not covered under certain government transportation or transportation-related service contracts. The clause is used when specific commodities or shipment types are identified for exclusion, ensuring that contractors are not responsible for transporting these items. Exclusions include shipments that are better handled by parcel post or small package carriers, items of unusual value, explosives, dangerous articles, household goods, bulk commodities, items that could injure or contaminate other freight, and shipments the Government chooses to move using its own vehicles. This clause clarifies the contractor's obligations and limits liability for excluded freight types.
Key Rules
- Exclusion of Certain Shipments
- Contractors are not responsible for transporting shipments that fall under the specified excluded categories.
- Government Discretion
- The Government reserves the right to move certain shipments using its own vehicles, further limiting contractor responsibility.
Responsibilities
- Contracting Officers: Must include this clause in solicitations and contracts when exclusions apply and clearly identify excluded commodities or shipment types.
- Contractors: Must review contract exclusions and ensure they do not accept responsibility for excluded freight.
- Agencies: Should monitor compliance and ensure only eligible shipments are assigned to contractors.
Practical Implications
- This clause protects contractors from liability and logistical challenges associated with high-risk, high-value, or otherwise problematic shipments.
- Contractors must carefully review contract terms to avoid inadvertently accepting excluded shipments.
- Misunderstanding exclusions can lead to disputes or unanticipated costs.
As prescribed in 47.207-3(d)(2), insert a clause substantially as follows in solicitations and contracts for transportation or for transportation-related services when any commodities or types of shipments have been identified for exclusion:
Freight Excluded (Apr 1984)
Excluded from the scope of this contract are shipments that can be more advantageously or economically moved via parcel post or small package carrier; shipments of unusual value, explosives and other dangerous articles, household goods, commodities in bulk, commodities injurious or contaminating to other freight; and shipments that the Government may elect to move in Government vehicles.
(End of clause)