97-72
Procurement Notice
June 6,
2002
SHIPMENT BY GOVERNMENT BILLS OF LADING
BACKGROUND: As a result of changes made to the
transportation regulations under the Federal Management Regulation, Government
Bills of Lading (GBL’s) can no longer be used for domestic shipments. Rather, Commercial Bills of Lading (CBL’s)
must be used for domestic shipments if the delivery point is f.o.b.
origin. This PN revises the NASA FAR
Supplement to comply with the above changes.
The clause at 1852.247-73 has been revised to change the title and to
specify that when shipments of deliverable items under a contract are f.o.b
origin, Government Bills of Lading (GBL) can only be used to ship international
and domestic overseas items; and that all other domestic shipments shall be
made via Commercial Bills of Lading (CBL).
ACQUISITIONS AFFECTED BY CHANGES: All solicitations and contracts that
specify the f.o.b. point as origin.
ACTION REQUIRED BY CONTRACTING OFFICERS: All solicitations issued after June
6, 2002, must include the revised clause if applicable. Solicitations issued before, June 6, 2002,
may be amended to include the revised clauses if including it would not unduly
delay the acquisition. Amend existing
contracts, which specify use of a GBL for domestic shipments, to incorporate
the revised clause.
CLAUSE CHANGES: This
PN revises the clause at 1852.247-73 by changing the title of the clause to read
“Bills of Lading” and the text of the clause.
PIC CANCELATION:
PIC 02-09, F.O.B. – Use of Bills of Lading, is hereby canceled.
PARTS AFFECTED:
Changes are made in Parts 1847 and 1852.
REPLACEMENT PAGES: You may use the enclosed pages to replace 47:1,
47:2, 52:3, 52:4, 52:87, 52:88, 52:89, 52:90, 52-97, and 52-98.
TYPE OF RULE AND
PUBLICATION DATE: This PN was
published as an interim rule in the Federal Register (67 FR 38908 – 28909) on
June 6, 2002.
HEADQUARTERS CONTACT:
Lou Becker, Code HK, (202) 358-4593, e-mail: lbecker@hq.nasa.gov.
R. Scott Thompson
Director, Contract Management
Division
Enclosures
PART 1847
TRANSPORTATION
TABLE OF
CONTENTS
SUBPART 1847.2 CONTRACTS FOR TRANSPORTATION OR FOR
TRANSPORTATION-RELATED SERVICES
1847.200 Scope
of subpart.
1847.200-70 Charter
of aircraft.
SUBPART 1847.3 TRANSPORTATION
IN SUPPLY CONTRACTS
1847.304 Determination
of delivery terms.
1847.304-3 Shipments
from CONUS for overseas delivery.
1847.304-370 NASA
export privilege.
1847.305 Solicitation
provisions, contract clauses, and transportation factors.
1847.305-10 Packing,
marking, and consignment instructions.
1847.305-13 Transit
arrangements.
1847.305-70 NASA
contract clauses.
SUBPART 1847.5 OCEAN
TRANSPORTATION BY U.S.-FLAG VESSELS
1847.506 Procedures.
SUBPART 1847.70 PROTECTION OF THE FLORIDA MANATEE
1847.7001 Contract
clause.
PART 1847
TRANSPORTATION
Subpart 1847.2 --Contracts
for Transportation or for
Transportation-Related Services
1847.200 Scope of subpart.
1847.200-70 Charter of aircraft.
When
acquiring aircraft by charter, contracting officers shall comply with NPG 7900.3, Aircraft Operations Management.
Subpart 1847.3--Transportation
in Supply Contracts
1847.304 Determination of delivery terms.
1847.304-3 Shipments from CONUS for overseas delivery.
1847.304-370 NASA export privilege.
NASA has
export licensing privileges for moving commodities to foreign
destinations. Contracting officers
shall request the advice of the Center Export Administrator to ensure full and
appropriate use is made of these privileges.
1847.305 Solicitation provisions, contract clauses, and transportation factors.
1847.305-10 Packing, marking, and consignment instructions.
In
contracts providing for delivery f.o.b. origin and shipment under Government
bills of lading, consignment instructions may be limited to the mail address of
the consignee (receiving activity), provided the contract instructions
state: "Shipment other than mail
shall be consigned as indicated on the Government bill of lading furnished to
the contractor."
1847.305-13 Transit arrangements.
(a)(3)(ii) When the provision at FAR 52.247-56 is
used, the solicitation shall state that offers will be evaluated on the basis
of the lowest overall cost to the Government, including transportation costs to
NASA from point of origin to final destination, taking into account any
applicable transit privileges.
1847.305-70 NASA contract clauses.
(a) The contracting officer may insert a clause
substantially as stated at 1852.247-72, Advance Notice of Shipment, in solicitations and
contracts when the f.o.b. point is destination and special Government
assistance is required in the delivery or receipt of the items.
(b) The contracting officer shall
insert a clause substantially as stated at 1852.247-73, Bills of Lading, in f.o.b. origin solicitations and
contracts.
Subpart 1847.5--Ocean
Transportation by U.S.-Flag Vessels
1847.506
Procedures.
(d)(i) The
transportation officer in each installation shall establish and maintain a
register to reflect adherence to the Cargo Preference Act. The register shall contain data related to
shipments made by the installation and by NASA contractors. Where no transportation officer is
available, it shall be maintained by the contracting office. The register shall contain pertinent details
of ocean shipments including, but not limited to, the ports of origin and
destination of shipments, commodity descriptions, gross weight, freight
revenue, name of vessel, operator of vessel, and date of loading. The register shall be maintained current and
organized so that adherence to the Cargo Preference Act can be ascertained at
all times. To the maximum practicable extent, compliance with the 50-percent
minimum requirements of the Cargo Preference Act shall be maintained on a
quarter-year basis; any deficiencies in maintaining compliance shall be
corrected by the end of the calendar year.
(ii)
On the basis of the registers maintained under paragraph (d)(i) of this
section, the official maintaining the register shall submit quarterly reports
reflecting ocean shipments to the Division of
1852.232-77 Limitation
of Funds (Fixed-Price Contract).
1852.232-79 Payment for
On-Site Preparatory Costs.
1852.232-81 Contract
Funding.
1852.232-82 Submission
of Requests for Progress Payments.
1852.233-70 Protests to
NASA.
1852.235-70 Center for
AeroSpace Information - Final Scientific and
Technical Reports.
1852.235-71 Key
Personnel and Facilities.
1852.235-72 Instructions
for Responding to NASA Research Announcements.
1852.236-71 Additive or
Deductive Items.
1852.236-72 Bids with
Unit Prices.
1852.236-73 Hurricane
Plan.
1852.236-74 Magnitude
of Requirement.
1852.236-75 Partnering
for Construction Contracts.
1852.237-70 Emergency
Evacuation Procedures.
1852.237-71 Pension
Portability.
1852.239-70 Alternate
Delivery Points.
1852.241-70 Renewal of
Contract.
1852.242-70 Technical
Direction.
1852.242-71 Travel
Outside of the United States.
1852.242-72 Observance
of Legal Holidays.
1852.242-73 NASA
Contractor Financial Management Reporting.
1852.242-74 Notice of
Earned Value Management System.
1852.242-75 Earned
Value Management System.
1852.242-76 Modified
Cost Performance Report.
1852.242-77 Modified
Cost Performance Report Plans.
1852.242-78 Emergency
Medical Services and Evacuation.
1852.243-70 Engineering
Change Proposals.
1852.243-71 Shared
Savings.
1852.243-72 Equitable
Adjustments.
1852.244-70 Geographic
Participation in the Aerospace Program.
1852.245-70 Contractor
Requests for Government-Owned Equipment.
1852.245-71 Installation-Accountable
Government Property.
1852.245-72 Liability
for Government Property Furnished for Repair or
Other
Services.
1852.245-73 Financial
Reporting of NASA Property in the Custody of Contractors.
1852.245-74 Contractor Accountable
On-Site Government Property.
1852.245-75 Title to
Equipment.
1852.245-76 List of
Government-Furnished Property.
1852.245-77 List of
Installation-Accountable Property and Services.
1852.245-79 Use of
Government-Owned Property.
1852.245-80 Use
of Government Production and Research Property on a No-Charge Basis.
1852.246-70 Mission
Critical Space System Personnel Reliability
Program.
1852.246-71 Government
Contract Quality Assurance.
1852.246-72 Material
Inspection and Receiving Report.
1852.246-73 Human Space
Flight Item.
1852.247-71 Protection
of the Florida Manatee.
1852.247-72 Advance
Notice of Shipment.
1852.247-73 Bills of
Lading.
1852.249-72 Termination
(Utilities).
SUBPART 1852.3 PROVISION AND CLAUSE MATRIX
1852.300 Scope
of Subpart.
1852.301 Solicitation
Provisions and Contract Clauses (Matrix).
PART 1852
SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1852.000 Scope of part.
This part, in conjunction with FAR Part 52,
(a) sets forth the provisions and clauses prescribed in the NFS, (b) gives
instructions for their use, and (c) presents a matrix listing the provisions
and clauses applicable to each principal contract type and/or purpose (e.g.,
fixed-price supply, cost-reimbursement research and development).
Subpart 1852.1--Instructions for Using Provisions and Clauses
1852.101 Using Part 52.
(b)(2)(i)(B) NASA contracting offices
prescribing or developing clauses shall ensure that the requirements of Subpart
1801.3 are met.
(e)(1) The NFS matrix in Subpart 1852.3 is
formatted similarly to that in the FAR.
The first page of the NFS matrix contains a key to column headings, a
dollar threshold chart, and requirement symbols. To fully determine the applicability of a provision or clause in
the "required-when-applicable" and "optional" categories,
Contracting Officers shall refer to the NFS text (cited in the matrix) that
prescribes its use.
(4) The NFS matrix may be reproduced by
field installations for the purpose of supplementing it with
installation-developed provisions and clauses.
1852.103 Identification of provisions and
clauses.
(b) Provisions and clauses prescribed by a
field installation to satisfy its needs shall be identified as stated in
paragraphs (b)(i) and (ii) of this section.
Articles, formats, and similar language shall be treated as provisions
and clauses for purposes of this section 1852.103.
(i) A provision or clause shall be
numbered using a prefix, a base, and a suffix.
The prefix shall be an alphabetical abbreviation of the installation
name (e.g., ARC, DFRC, GRC, GSFC, JSC, KSC, LARC, MSFC, SSC, or SSPO). The base shall be a numeric value beginning
with "52.2," with the next two digits corresponding to the number of
the FAR or NFS subject part to which the provision or clause relates. The suffix shall be a hyphen and sequential
number assigned within each part. NASA
installations shall use suffix numbers from -90 to -199. For example, the first Johnson Space Center
(JSC) provision or clause relating to Part 36 of the FAR
1852.246-71
Government Contract Quality Assurance Functions.
As
prescribed in 1846.470, insert the following clause:
GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS
(OCTOBER
1988)
In accordance
with the inspection clause of this contract, the Government intends to perform
the following functions at the locations indicated:
|
Item
|
Quality
Assurance Location
|
Function
|
[Insert
the items involving quality assurance, the quality assurance functions, and
where the functions will be performed.]
(End of clause)
1852.246-72 Material
Inspection and Receiving Report.
As
prescribed in 1846.674, insert the following clause:
MATERIAL INSPECTION AND RECEIVING REPORT
(JUNE 1995)
(a) At the time of each delivery to the Government
under this contract, the Contractor shall furnish a Material Inspection and
Receiving Report (DD Form 250 series) prepared in
[Insert number of copies, including original] copies, an original and
copies [Insert number of copies].
(b) The Contractor shall prepare the DD Form 250 in
accordance with NASA FAR Supplement 1846.672-1. The Contractor shall enclose the copies of the DD Form 250 in the
package or seal them in a waterproof envelope, which shall be securely attached
to the exterior of the package in the most protected location.
(c) When more than one package is involved in a shipment, the Contractor
shall list on the DD Form 250, as additional information, the quantity of
packages and the package numbers. The Contractor shall forward the DD Form 250
with the lowest numbered package of the
shipment and print the words "CONTAINS DD FORM 250" on the package.
(End of clause)
1852.246-73
Human Space Flight Item.
As
prescribed in 1846.370(b), insert the following clause:
HUMAN SPACE FLIGHT ITEM
(MARCH 1997)
The
Contractor shall include the following statement in all subcontracts and
purchase orders placed by it in support of this contract, without exception as
to amount or subcontract level:
"FOR
USE IN HUMAN SPACE FLIGHT; MATERIALS,
MANUFACTURING, AND WORKMANSHIP OF HIGHEST QUALITY STANDARDS ARE
ESSENTIAL TO ASTRONAUT SAFETY.
IF YOU
ARE ABLE TO SUPPLY THE DESIRED ITEM WITH A HIGHER QUALITY THAN THAT OF THE
ITEMS SPECIFIED OR PROPOSED, YOU ARE REQUESTED TO BRING THIS FACT TO THE
IMMEDIATE ATTENTION OF THE PURCHASER."
(End of clause)
1852.247-71 Protection of the Florida Manatee.
As prescribed
in 1847.7001, insert the following clause:
PROTECTION OF THE FLORIDA MANATEE
(MARCH 1989)
(a) Pursuant to the Endangered Species Act of 1973
(Pub. L. 93-205), as amended, and the Marine Mammals Protection Act of 1972
(Pub. L. 92-522), the Florida Manatee (Trichechus Manatus) has been designated
an endangered species, and the Banana and Indian Rivers within and adjacent to
NASA's Kennedy Space Center (KSC) have been designated as a critical habitat of
the Florida Manatee.
(b) Contractor personnel involved in vessel
operations, dockside work, and selected disassembly functions shall be provided
training relative to (1) habits and characteristics of the Florida Manatee, (2)
provisions of the applicable laws, (3) personal liability of workers under the
laws, and (4) operational restrictions imposed by KSC.
(c) All vessel operations shall be conducted within
the posted speed restrictions, and vessels shall be operated at minimum
controllable speeds in all KSC waters.
Shallow-water operations are prohibited.
(d) Training will be conducted by personnel of the
U.S. Fish and Wildlife Service (USFWS).
The contractor agrees to cooperate with the USFWS by allowing access at
reasonable times and places (including shipboard) to USFWS personnel, and by
making available such contractor personnel as are required to have the
training. Arrangements for training
will be made as follows:
(1) For personnel involved in tug, barge, or
marine operations, through the Lockheed Space Operations Contractor,
Transportation Coordination Center, Kennedy Space Center, Florida, telephone
(407) 867-5330.
(2)
For all other personnel, through the Systems Training and Employee Development
Branch, Code PM-TNG, telephone (407) 867-2737.
(e) The contractor shall incorporate the provisions
of this clause in applicable subcontracts (including vendor deliveries).
(End of clause)
1852.247-72 Advance Notice of Shipment.
As
prescribed in 1847.305-70(a), insert the following clause:
ADVANCE NOTICE OF SHIPMENT
(OCTOBER
1988)
[Insert number of work days] work days
prior to shipping item(s)
[Insert items to be shipped], the Contractor shall furnish the anticipated
shipment date, bill of lading number (if applicable), and carrier identity to
[Insert individual(s) to receive notification] and to the Contracting Officer.
(End of clause)
1852.247-73
Bills of Lading.
As prescribed in 1847.305-70(b), insert a
clause substantially as follows:
BILLS OF LADING
(JUNE 2002)
The
purpose of this clause is to define when a commercial bill of lading or a
government bill of lading is to be used when shipments of deliverable items
under this contract are f.o.b. origin.
(a) Commercial
Bills of Lading. All domestic
shipments shall be made via commercial bills of lading (CBLs). The Contractor shall prepay domestic
transportation charges. The Government
shall reimburse the Contractor for these charges if they are added to the
invoice as a separate line item supported by the paid freight receipts. If paid
receipts in support of the invoice are not obtainable, a statement as described
below must be completed, signed by an authorized company representative, and
attached to the invoice.
"I
certify that the shipments identified below have been made, transportation
charges have been paid by (company name), and paid freight or comparable
receipts are not obtainable.
Contract or Order Number:
Destination:
".
(b) Government Bills of Lading. (1) International (export) and
domestic overseas shipments of items deliverable under this contract shall be
made by Government bills of lading (GBLs).
As used in this clause, “domestic overseas” means non-continental United
States, i.e. Hawaii, Commonwealth of Puerto Rico, and possessions of the United
States.
(2) At least 15 days before shipment, the
Contractor shall request in writing GBLs from:
[Insert name, title, and mailing address of designated transportation officer
or other official delegated responsibility for GBLs]. If time is limited,
requests may be by telephone:
[Insert appropriate telephone number].
Requests for GBLs shall include the following information.
(i)
Item identification/ description.
(ii) Origin and destination.
(iii) Individual and total weights.
(iv) Dimensional Weight.
(v)
Dimensions and total cubic footage.
(vi) Total number of pieces.
(vii) Total dollar value.
(viii) Other pertinent data.
(End
of clause)
1852.249-72 Termination (Utilities).
As
prescribed in 1849.505-70, insert the following clause. The period of 30 days may be varied not to
exceed 90 days.
TERMINATION (UTILITIES)
(MARCH 1989)
The
Government, at its option, may terminate this contract by giving written notice
not less than 30 days in advance of the termination's effective date.
(End of clause)
Subpart
1852.3--Provision and Clause Matrix
1852.300 Scope of subpart.
The matrix
in this subpart contains a column for each principal type and/or purpose of
contract. See the first page of the
matrix for the key to column headings, the dollar threshold chart, and
requirement symbols.