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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) The contracting officer shall determine f.o.b. terms generally on the basis of overall costs, giving due consideration to the criteria given in 47.304.
(b) Solicitations shall specify whether offerors must submit offers f.o.b. origin, f.o.b. destination, or both; or whether offerors may choose the basis on which they make an offer. The contracting officer shall consider the most advantageous delivery point, such as (1) f.o.b. origin, carrier's equipment, wharf, or specified freight station near contractor's plant; or (2) f.o.b. destination.
(c) In determining whether f.o.b. origin or f.o.b. destination is more advantageous to the Government, the contracting officer shall consider the availability of lower freight rates (Government rate tenders) to the Government for f.o.b. origin acquisitions. F.o.b. origin contracts also present other desirable traffic management features, in that they—
(1) Permit use of transit privileges (see 47.305–13);
(2) Permit diversions to new destinations without price adjustment for transportation (see 47.305–11);
(3) Facilitate use of special routings or types of equipment (e.g., circuitous routing or oversize shipments) (see 47.305–14);
(4) Facilitate, if necessary, use of premium cost transportation and permit Government-controlled transportation;
(5) Permit negotiations for reduced freight rates (see 47.104–1(b)); and
(6) Permit use of small shipment consolidation stations.
(d) When destinations are tentative or unknown, the solicitation shall be f.o.b. origin only (see 47.305–5).
(e) When the size or quantity of supplies with confidential or higher security classification requires commercial transportation services, the contracting officer shall generally specify f.o.b. origin acquisitions.
(f) When acceptance must be at destination, solicitation shall be on an f.o.b. destination only basis.
(g) Following are examples of situations when solicitations shall normally be on an f.o.b. destination only basis because it is advantageous to the Government (see 47.305–4):
(1) Bulk supplies, such as coal, that require other than Government-owned or operated handling, storage, and loading facilities, are destined for shipment outside CONUS.
(2) Steel or other bulk construction products are destined for shipment outside CONUS.
(3) Supplies consist of forest products such as lumber.
(4) Perishable or medical supplies are subject to in-transit deterioration.
(5) Evaluation of f.o.b. origin offers is anticipated to result in increased administrative lead time or administrative cost that would outweigh the potential advantages of an f.o.b. origin determination.
Cite this article: FindLaw.com - Code of Federal Regulations Title 48. Federal Acquisition Regulations System 48.47.304-1 General - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-48-federal-acquisition-regulations-system/cfr-48-47-304-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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