48 C.F.R. § 52.247-34

52.247-34 F.o.b. Destination.

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As prescribed in 47.303-6(c), insert the following clause:

F.o.b. Destination (JAN 1991)

(a) The term f.o.b. destination, as used in this clause, means—

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) or the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall—

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause) [48 FR 42478, Sept. 19, 1983, as amended at 55 FR 52800, Dec. 21, 1990]

Notes of Decisions

Cited in 1 case, 2013–2013 · leading case: Gulf Grp. Gen. Enter. Co. W.l.l., Plaintiff, v. United States, Defendant, 114 Fed. Cl. 258 (Fed. Cl. 2013).

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Gulf Grp. Gen. Enter. Co. W.l.l., Plaintiff, v. United States, Defendant, 114 Fed. Cl. 258 (Fed. Cl. 2013). · cites it 5× “Personnel to contact for directions and access to various locations are as follows: MAJ Banks: 163 968-4819 CPT Sharp: 164 970-5952 The bottled water BPA also incorporated by reference 48 C.F.R. § 52.247-34 , “F.o.b. Destination,” which states, in part: (a) The term f.”

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