48 C.F.R. PART 247—TRANSPORTATION
Title 48 - Federal Acquisition Regulations System
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
Source: 56 FR 36466, July 31, 1991, unless otherwise noted.
For definitions of “Civil Reserve Air Fleet” and “Voluntary Intermodal Sealift Agreement,” see Joint Pub. 1–02, DoD Dictionary of Military and Associated Terms. [65 FR 50144, Aug. 17, 2000] (a) See DoD 4500.9–R, Defense Transportation Regulation, Part II, Chapter 206, for instructions on converting commercial bills of lading to Government bills of lading within CONUS. [65 FR 50144, Aug. 17, 2000] (b)(i) Transportation assistance includes all transportation factors, such as— (A) Rates and prices (for evaluation of bids or routing purposes); (B) Other transportation costs; (C) Transit agreements; (D) Time in transit; (E) Port handling charges; and (F) Port capabilities. (ii) Within CONUS, the Military Traffic Management Command (MTMC) is responsible for the performance of traffic management functions. These functions include the direction, control, and supervision of all functions incident to the acquisition and use of commercial freight and passenger transportation services. (iii) For assistance with international shipments— (A) Originating in CONUS, request assistance from the appropriate military activity; i.e., the Air Mobility Command (AMC), Military Sealift Command (MSC), MTMC, or the military service sponsoring the cargo; (B) For all modes of transportation originating overseas, request assistance from the overseas Theater Commander assigned responsibility for common-user, military-operated land transportation; (C) Of bulk petroleum via ocean tanker, request assistance, rates, or other costs from the MSC; (D) Of supplies between points outside CONUS, including Alaska and Hawaii, request assistance, rates, or other costs from the military service sponsoring the cargo. Direct the requests to:
Army: Deputy Chief of Staff for Logistics, ATTN: DALO-TSP, Washington, DC 20310–0500 Navy: Naval Supply Systems Command, Code 4D, 5450 Carlisle Pike, PO Box 2050, Mechanicsburg, PA 17055–0791 Air Force: Applicable Overseas Air Force Command: HQ PACAF/LGT, 25 East Street, Suite I–305, Hickam AFB, HI 96853–5427 HQ USAFE/LGT, Unit 305, Box 105, APO AE 09094–0105 HQ AFSPACECOM/LGT, 150 Vandenberg Street, Suite 1105, Peterson AFB, CO 80914–4540 Marine Corps: HQ, U.S. Marine Corps, Traffic Management Branch (LFT1), 2 Navy Annex, Washington, DC 20380–1775 [56 FR 36466, July 31, 1991, as amended at 59 FR 27674, May 27, 1994; 65 FR 50144, Aug. 17, 2000] This subpart does not apply to the operation of vessels owned by, or bareboat chartered by, the Government. [65 FR 50144, Aug. 17, 2000] (1) Consistent with FAR 15.304 and 215.304, consider using the following as evaluation factors or subfactors: (i) Record of claims involving loss or damage; (ii) Provider availability; and (iii) Commitment of transportation assets to readiness support (e.g., Civil Reserve Air Fleet and Voluntary Intermodal Sealift Agreement). (2) To the maximum extent practicable, structure contracts and agreements to allow for their use by DoD contractors. [65 FR 50144, Aug. 17, 2000] This section contains procedures unique to stevedoring. Other portions of the FAR and DFARS dealing with service contracting also apply to stevedoring contracts. [56 FR 36466, July 31, 1991, as amended at 65 FR 50144, Aug. 17, 2000] Commodity rate is— (1) The price quoted for handling a ton (weight or measurement) of a specified commodity; and (2) Computed by dividing the hourly stevedoring gang cost by the estimated number of tons of the specified commodity that can be handled in 1 hour. Gang cost is— (1) The total hourly wages paid to the workers in the gang, in accordance with the collective bargaining agreement between the maritime industry and the unions at a specific port; and (2) Payments for workmen's compensation, social security taxes, unemployment insurance, taxes, liability and property damage insurance, general and administrative expenses, and profit. Stevedoring is the— (1) Loading of cargo from an agreed point of rest on a pier or lighter and its storage aboard a vessel; or (2) Breaking out and discharging of cargo from any space in the vessel to an agreed point of rest dockside or in a lighter. [56 FR 36466, July 31, 1991, as amended at 65 FR 50144, Aug. 17, 2000] (a) Because conditions vary at different ports, and sometimes within the same port, it is not practical to develop standard technical provisions covering all phases of stevedoring operations. (b) When including rail car, truck, or intermodal equipment loading and unloading, or other dock and terminal work under a stevedoring contract, include these requirements as separate items of work. [65 FR 50144, Aug. 17, 2000] As a minimum, require that offers include— (a) Tonnage or commodity rates that apply to the bulk of the cargo worked under normal conditions; (b) Labor-hour rates that apply to services not covered by commodity rates, or to work performed under hardship conditions; and (c) Rates for equipment rental. [65 FR 50144, Aug. 17, 2000] Make the award to the offeror submitting the offer most advantageous to the Government, considering cost or price and other factors specified in the solicitation. Evaluation will include, but is not limited to— (a) Total estimated cost of tonnage to be moved at commodity rates; (b) Estimated cost at labor-hour rates; and (c) Cost of equipment rental. [65 FR 50144, Aug. 17, 2000] Use the following clauses in solicitations and contracts for stevedoring services as indicated: (a) 252.247–7000, Hardship Conditions, in all solicitations and contracts. (b) 252.247–7001, Price Adjustment, when using sealed bidding. (c) 252.247–7002, Revision of Prices, when using negotiation. (d) 252.247–7004, Indefinite Quantities—Fixed Charges, when the contract is an indefinite-quantity type and will provide for the payment of fixed charges. (e) 252.247–7005, Indefinite Quantities—No Fixed Charges, when the contract is an indefinite-quantity type and will not provide for the payment of fixed charges. (f) 252.247–7006, Removal of Contractor's Employees, in all solicitations and contracts. (g) 252.247–7007, Liability and Insurance, in all solicitations and contracts. [65 FR 50144, Aug. 17, 2000] This section contains procedures unique to the preparation of personal property for shipment or storage, and for the performance of intra-area or intra-city movement. Other portions of the FAR and DFARS dealing with service contracting also apply to these services. [56 FR 36466, July 31, 1991, as amended at 65 FR 50145, Aug. 17, 2000] (a) Annual contracts. Normally— (1) Use requirements contracts to acquire services for the— (i) Preparation of personal property for shipment or storage; and (ii) Performance of intra-area movement. (2) Award contracts on a calendar year basis. (3) Provide for option years. (4) Award contracts, or exercise option years, before November 1 of each year, if possible. (b) Areas of performance. Define clearly in the solicitation each area of performance. (1) Establish one or more areas; however, hold the number to a minimum consistent with local conditions. (2) Each schedule may provide for the same or different areas of performance. Determine the areas as follows— (i) Use political boundaries, streets, or any other features as lines of demarcation. Consider such matters as— (A) Total volume; (B) Size of overall area; and (C) The need to service isolated areas of high population density. (ii) Specifically identify frequently used terminals, and consider them as being included in each area of performance described in the solicitation. (c) Maximum requirements-minimum capability. The contracting officer must— (1) Establish realistic quantities on the Estimated Quantities Report in DoD 4500.9–R, Defense Transportation Regulation, Part IV; (2) Ensure that the Government's minimum acceptable daily capability— (i) Will at least equal the maximum authorized individual weight allowance as prescribed by the Joint Federal Travel Regulations; and (ii) Will encourage maximum participation of small business concerns as offerors. [56 FR 36466, July 31, 1991, as amended at 65 FR 50145, Aug. 17, 2000] (a) CONUS military activities assigned multi-service personal property areas of responsibility. (1) When two or more military installations or activities have personal property responsibilities in a given area, one activity must contract for the estimated requirements of all activities in the area. The installation commanders concerned must designate the activity by mutual agreement. (2) The Commander, Military Traffic Management Command (MTMC), must designate the contracting activity when local commanders are unable to reach agreement. (b) Additional services and excess requirements. (1) Excess requirements are those services that exceed contractor capabilities available under contracts. Use simplified acquisition procedures to satisfy excess requirements. (2) Additional services are those not specified in the bid items. (i) Additional services may include— (A) Hoisting or lowering of articles; (B) Waiting time; (C) Special packaging; and (D) Stuffing or unstuffing of sea van containers. (ii) Consider contracting for local moves that do not require drayage by using hourly rate or constructive weight methods. The rate will include those services necessary for completion of the movement, including— (A) Packing and unpacking; (B) Movement; (C) Inventorying; and (D) Removal of debris. (iii) Each personal property shipping activity must determine if local requirements exist for any additional services. (iv) The contracting officer may obtain additional services by— (A) Including them as items within the contract; provided, they are not used in the evaluation of bids (see 252.247–7008, Evaluation of Bids); or (B) Using simplified acquisition procedures. (v) Either predetermine prices for additional services with the contractor, or negotiate them on a case-by-case basis. (vi) The contracting officer must authorize the contractor to perform any additional services, other than attempted pick up or delivery, regardless of the contracting method. (vii) To the maximum extent possible, identify additional services required that are incidental to an order before placing the order; or, when applicable, during the premove survey. (c) Contract distribution. In addition to the distribution requirements of FAR subpart 4.2, furnish one copy of each contract as follows: (1) CONUS personal property shipping activities must send the copy to the Commander, Military Traffic Management Command, Attn: MTPP-CI, Room 408, 5611 Columbia Pike, Falls Church, VA 22041–5050. (2) In the European and Pacific areas, personal property shipping activities must send the copy to either the Property Directorate, MTMC Europe, or the MTMC Field Office-Pacific. (3) Other overseas personal property shipping activities must send the copy to the Commander, Military Traffic Management Command, Attn: MTPP-Q, 5611 Columbia Pike, Falls Church, VA 22041–5050. [56 FR 36466, July 31, 1991, as amended at 64 FR 2598, Jan. 15, 1999; 65 FR 50145, Aug. 17, 2000] When acquiring services for the preparation of personal property for movement or storage, and for performance of intra-city or intra-area movement, use the following provisions, clauses, and schedules. Revise solicitation provisions and schedules, as appropriate, if using negotiation rather than sealed bidding. Overseas commands, except those in Alaska and Hawaii, may modify these clauses to conform to local practices, laws, and regulations. (a) The provision at 252.247–7008, Evaluation of Bids. When adding “additional services” items to any schedule, use the basic clause with Alternate I. (b) The provision at 252.247–7009, Award. (c) In solicitations and resulting contracts, the schedules contained in DoD 4500.9–R, Defense Transportation Regulation, Part IV, as provided by the installation personal property shipping office. (1) When there is no requirement for an item or subitem in a schedule, indicate that item or subitem number, in its proper numerical sequence, and add the statement “No Requirement.” (2) Within Schedules I (Outbound) and II (Inbound), item numbers are reserved to permit inclusion of additional items as required by local conditions. (3) Overseas activities, except those in Alaska and Hawaii, may modify the schedules when necessary to conform with local trade practices, laws, and regulations. (4) All generic terminology, schedule, and item numbers in proper sequence must follow those contained in the basic format. (5) When it is in the Government's best interest to have both outbound and inbound services within a given area of performance furnished by the same contractor, modify the schedule format to combine both services in a single schedule. However, items must follow the same sequential order as in the basic format. (6) Process any modification of schedule format, other than those authorized in paragraphs (c)(1) through (5) of this subsection, as a request for deviation to the Commander, MTMC. (d) The clause at 252.247–7010, Scope of Contract. (e) The clause at 252.247–7011, Period of Contract. When the period of performance is less than a calendar year, modify the clause to indicate the beginning and ending dates. However, the contract period must not end later than December 31 of the year in which the contract is awarded. (f) In addition to designating each ordering activity, as required by the clause at FAR 52.216–18, Ordering, identify by name or position title the individuals authorized to place orders for each activity. When provisions are made for placing oral orders in accordance with FAR 16.505(a)(4), document the oral orders in accordance with department or agency instructions. (g) The clause at 252.247–7012, Ordering Limitation. (h) The clause at 252.247–7013, Contract Areas of Performance. (i) The clause at 252.247–7014, Demurrage. (j) When using the clause at FAR 52.216–21, Requirements, see 216.506(d), which prescribes an alternate to the clause. (k) The clause at 252.247–7016, Contractor Liability for Loss and Damage. (l) The clause at 252.247–7017, Erroneous Shipments. (m) The clause at 252.247–7018, Subcontracting. (n) The clause at 252.247–7019, Drayage. (o) The clause at 252.247–7020, Additional Services. (p) The clauses at FAR 52.247–8, Estimated Weight or Quantities Not Guaranteed, and FAR 52.247–13, Accessorial Services—Moving Contracts. [56 FR 36466, July 31, 1991, as amended at 65 FR 50145, Aug. 17, 2000] “Integrated logistics managers” or “third-party logistics providers” means providers of multiple logistics services. Some examples of logistics services are the management of transportation, demand forecasting, information management, inventory maintenance, warehousing, and distribution. [65 FR 50145, Aug. 17, 2000] For contracts that will include a significant requirement for transportation of items outside CONUS, include an evaluation factor or subfactor that favors suppliers, third-party logistics providers, and integrated logistics managers that commit to using carriers that participate in one of the readiness programs (e.g., Civil Reserve Air Force Fleet and Voluntary Intermodal Sealift Agreement). [65 FR 50145, Aug. 17, 2000] (b) Consignment instructions must include, as a minimum— (i) The clear text and coded MILSTRIP data as follows: (A) Consignee code and clear text identification of consignee and destination as published in— (1) DoD 4000.25–6–M, Department of Defense Activity Address Directory (DODAAD); (2) DoD 4000.25–8–M, Military Assistance Program Address Directory (MAPAD) System; or (3) Transportation Control and Movement Document. Reporting procedures and instructions must comply with DoD 4500.9–R, Defense Transportation Regulation. (B) Project code, when applicable. (C) Transportation priority. (D) Required delivery date. (ii) Non-MILSTRIP shipments must include data similar to that described in paragraphs (b)(i)(A) through (D) of this subsection. (iii) In amended shipping instructions include, in addition to the data requirements of paragraphs (b)(i)(A) through (D) of this subsection, the following, when appropriate: (A) Name of the activity originally designated, from which the stated quantities are to be deducted. (B) Any other features of the amended instructions not contained in the basic contract. (iv) When assigning contract administration responsibility in accordance with FAR 42.202, include in instructions the— (A) Modification serial number; and (B) If a new line item is created by the issuance of shipping instructions— (1) New line item number; and (2) Existing line item number, if affected. (v) For petroleum, oil, and lubricant products, instructions for diversions need not include the modification serial number and new line item number, when the instructions are— (A) For diversions overseas to new destinations; (B) Issued by an office other than that issuing the contract or delivery order; and (C) Issued by telephone or electronic media. [65 FR 50145, Aug. 17, 2000, as amended at 67 FR 61517, Oct. 1, 2002] Use the clause at 252.247–7021, Returnable Containers Other Than Cylinders, in solicitations and contracts for supplies involving contractor-furnished returnable reels, spools, drums, carboys, liquid petroleum gas containers, or other returnable containers if the contractor is to retain title to the containers. [60 FR 29501, June 5, 1995] When complete consignment instructions are not known initially, use the Standard Form (SF) 30, Amendment of Solicitation/Modification of Contract, to issue or amend consignment instructions, and when necessary, to confirm consignment instructions issued by telephone or electronic media. (a) When using the SF 30 to confirm delivery instructions— (1) Stamp or mark “CONFIRMATION” in block letters on the form, and specify in detail those instructions being confirmed. (2) Do not change the instructions being confirmed. (b) Process the confirming SF 30 as follows— (1) For contracts assigned for any contract administration function listed in FAR subpart 42.3 to any office listed in the Federal Directory of Contract Administration Services Components, within five working days; (2) For diversions of petroleum, oil, and lubricant products overseas to new destinations, within 30 days of instructions being confirmed; and (3) For other contracts— (i) Telephone—within 5 working days; and (ii) Electronic media—consolidate on a monthly basis. [56 FR 36466, July 31, 1991, as amended at 64 FR 61030, Nov. 9, 1999; 65 FR 50146, Aug. 17, 2000] Reporting procedures and instructions for this form will be in compliance with DoD 4500.9–R, Defense Transportation Regulation. [56 FR 36466, July 31, 1991, as amended at 67 FR 61517, Oct. 1, 2002] (a) The transportation specialist prepares the DD Form 1653 at the request of the contracting officer. The completed form will contain recommendations concerning f.o.b. terms best suited for a particular acquisition, and other suggested transportation provisions for inclusion in the solicitation. (b) When appropriate, the DD Form 1653 will also include information on combined port handling and transportation charges for inclusion in the solicitation in connection with export shipments. Contracting personnel may use the DD Form 1654 to furnish information to the transportation office for development of cost factors for use by the contracting officer in the evaluation of f.o.b. origin offers. This subpart— (a) Implements the Cargo Preference Act of 1904 (“the 1904 Act”), 10 U.S.C. 2631, which applies to the ocean transportation of cargo owned by, or destined for use by, DoD; (b) Does not specifically implement the Cargo Preference Act of 1954 (“the 1954 Act”), 46 U.S.C. 1241(b). The 1954 Act is applicable to DoD, but DFARS coverage is not required because compliance with the 1904 Act historically has resulted in DoD exceeding the 1954 Act's requirements; and (c) Does not apply to ocean transportation of the following products, in which case FAR subpart 47.5 applies: (1) Products obtained for contributions to foreign assistance programs. (2) Products owned by agencies other than DoD, unless the products are clearly identifiable for eventual use by DoD. [65 FR 50146, Aug. 17, 2000] (a) DoD contractors must transport supplies, as defined in the clause at 252.247–7023, Transportation of Supplies by Sea, exclusively on U.S.-flag vessels unless— (1) Those vessels are not available, and the procedures at 247.572–1(c)(1) or 247.572–2(d)(1) are followed; (2) The proposed charges to the Government are higher than charges to private persons for the transportation of like goods, and the procedures at 247.572–1(c)(2) or 247.572–2(d)(2) are followed; or (3) The Secretary of the Navy or the Secretary of the Army determines that the proposed freight charges are excessive or unreasonable in accordance with 247.572–1(c)(3) or 247.572–2(d)(3). (b) Contracts must provide for the use of Government-owned vessels when security classifications prohibit the use of other than Government-owned vessels. (c)(1) Any vessel used under a time charter contract for the transportation of supplies under this section shall have any reflagging or repair work, as defined in the clause at 252.247–7025, Reflagging or Repair Work, performed in the United States or its outlying areas, if the reflagging or repair work is performed— (i) On a vessel for which the contractor submitted an offer in response to the solicitation for the contract; and (ii) Prior to the acceptance of the vessel by the Government. (2) The Secretary of Defense may waive this requirement if the Secretary determines that such waiver is critical to the national security of the United States. [65 FR 50146, Aug. 17, 2000, as amended at 70 FR 35545, June 21, 2005] (a) This subsection applies when ocean transportation is not the principal purpose of the contract, and the cargo to be transported is owned by DoD or is clearly identifiable for eventual use by DoD. (b) The contracting officer must obtain assistance from the congnizant transportation activity (see 247.105) in developing— (1) The Government estimate for transportation costs, irrespective of whether freight will be paid directly by the Government; and (2) Shipping instructions and delivery terms for inclusion in solicitations and contracts that may involve transportation of supplies by sea. (c) If the contractor notifies the contracting officer that the contractor or a subcontractor considers that— (1) No U.S.-flag vessels are available, the contracting officer must request confirmation of the nonavailability from— (i) The Commander, Military Sealift Command (MSC), through the Contracts and Business Management Directorate, MSC; or (ii) The Commander, Military Traffic Management Command (MTMC), through the Principal Assistant Responsible for Contracting, MTMC. (2) The proposed freight charges to the Government, the contractor, or any subcontractor are higher than charges for transportation of like goods to private persons, the contracting officer may approve a request for an exception to the requirement to ship on U.S.-flag vessels for a particular shipment. (i) Prior to granting an exception, the contracting officer must request advice, oral or written, from the Commander, MSC, or the Commander, MTMC. (ii) In advising the contracting officer whether to grant the exception, the Commander, MSC, or the Commander, MTMC, must consider, as appropriate, evidence from— (A) Published tariffs; (B) Industry publications; (C) The Maritime Administration; and (D) Any other available sources. (3) The freight charges proposed by U.S.-flag carriers are excessive or otherwise unreasonable— (i) The contracting officer must prepare a report in determination and finding format, and must— (A) Take into consideration that the 1904 Act is, in part, a subsidy of the U.S.-flag commercial shipping industry that recognizes that lower prices may be available from foreign-flag carriers. Therefore, a lower price for use of a foreign-flag vessel is not a sufficient basis, on its own, to determine that the freight rate proposed by the U.S.-flag carrier is excessive or otherwise unreasonable. However, such a price differential may indicate a need for further review; (B) Consider, accordingly, not only excessive profits to the carrier (to include vessel owner or operator), if ascertainable, but also excessive costs to the Government (i.e., costs beyond the economic penalty normally incurred by excluding foreign competition) resulting from the use of U.S.-flag vessels in extraordinarily inefficient circumstances; and (C) Include an analysis of whether the cost is excessive, taking into account factors such as— (1) The differential between the freight charges proposed by the U.S.-flag carrier and an estimate of what foreign-flag carriers would charge based upon a price analysis; (2) A comparison of U.S.-flag rates charged on comparable routes; (3) Efficiency of operation regardless of rate differential (e.g., suitability of the vessel for the required transportation in terms of cargo requirements or vessel capacity, and the commercial reasonableness of vessel positioning required); and (4) Any other relevant economic and financial considerations. (ii) The contracting officer must forward the report to— (A) The Commander, MSC, through the Contracts and Business Management Directorate, MSC; or (B) The Commander, MTMC, through the Principal Assistant Responsible for Contracting, MTMC. (iii) If in agreement with the contracting officer, the Commander, MSC, or the Commander, MTMC, will forward the report to the Secretary of the Navy or the Secretary of the Army, respectively, for a determination as to whether the proposed freight charges are excessive or otherwise unreasonable. [65 FR 50146, Aug. 17, 2000, as amended at 67 FR 38021, May 31, 2002] (a) This subsection applies when ocean transportation is the principal purpose of the contract, including— (1) Time charters; (2) Voyage charters; (3) Contracts for charter vessel services; (4) Dedicated contractor contracts for charter vessel services; (5) Ocean bills of lading; and (6) Subcontracts under Government contracts or agreements for ocean transportation services. (b) Coordinate these acquisitions, as appropriate, with the U.S. Transportation Command, the DoD single manager for commercial transportation and related services, other than Service-unique or theater-assigned transportation assets, in accordance with DoD 5158.4, United States Transportation Command. (c) All solicitations within the scope of this subsection must provide— (1) A preference for U.S.-flag vessels in accordance with the 1904 Act; and (2) An evaluation factor or subfactor for offeror participation in the Voluntary Intermodal Sealift Agreement. (d) Do not award a contract of the type described in paragraph (a) of this subsection for a foreign-flag vessel unless— (1) The Commander, MSC, or the Commander, MTMC, determines that no U.S.-flag vessels are available. (i) The Commander, MSC, and the Commander, MTMC, are authorized to make any determinations as to the availability of U.S.-flag vessels to ensure the proper use of Government and private U.S. vessels. (ii) The contracting officer must request such determinations— (A) For voyage and time charters, through the Contracts and Business Management Directorate, MSC; and (B) For ocean and intermodal transportation of DoD and DoD-sponsored cargoes, as applicable under contracts awarded by MTMC, including contracts for shipment of military household goods, through the Chiefs of the MTMC Ocean Cargo Clearance Authority. (iii) In the absence of regularly scheduled U.S.-flag service to fulfill stated DoD requirements under MTMC solicitations or rate requests, the Commander, MTMC, may grant, on a case-by-case basis, an on-going nonavailability determination for foreign-flag service approval with pre-determined review date(s); (2) The contracting officer determines that the U.S.-flag carrier has proposed to the Government freight charges that are higher than charges to private persons for transportation of like goods, and obtains the approval of the Commander, MSC, or the Commander, MTMC; or (3) The Secretary of the Navy or the Secretary of the Army determines that the proposed freight charges for U.S.-flag vessels are excessive or otherwise unreasonable. (i) After considering the factors in 247.572–1(d)(3)(i)(A) and (B), if the contracting officer concludes that the freight charges proposed by U.S.-flag carriers may be excessive or otherwise unreasonable, the contracting officer must prepare a report in determination and finding format that includes, as appropriate— (A) An analysis of the carrier's costs in accordance with FAR Subpart 15.4, or profit in accordance with 215.404–4. The costs or profit should not be so high as to make it unreasonable to apply the preference for U.S.-flag vessels; (B) A description of efforts taken pursuant to FAR 15.405, to negotiate a reasonable price. For the purpose of FAR 15.405(d), this report is the referral to a level above the contracting officer; and (C) An analysis of whether the costs are excessive (i.e., costs beyond the economic penalty normally incurred by excluding foreign competition), taking into consideration factors such as those listed at 247.572–1(d)(3)(i)(C). (ii) The contracting officer must forward the report to— (A) The commander, MSC, through the Contracts and Business Management Directorate, MSC; or (B) The Commander, MTMC, through the Principal Assistant Responsible for Contracting, MTMC. (iii) If an agreement with the contracting officer, the Commander, MSC, or the Commander, MTMC, will forward the report to the Secretary of the Navy or the Secretary of the Army, respectively, for a determination as to whether the proposed freight charges are excessive or otherwise unreasonable. [65 FR 50147, Aug. 17, 2000] (a) Use the provision at 252.247–7022, Representation of Extent of Transportation by Sea, in all solicitations except— (1) Those for direct purchase of ocean transportation services; or (2) Those with an anticipated value at or below the simplified acquisition threshold. (b)(1) Use the clause at 252.247–7023, Transportation of Supplies by Sea, in all solicitations and resultant contracts, except those for direct purchase of ocean transportation services. (2) Use the clause with its Alternate I in other than construction contracts, if any of the supplies to be transported are commercial items that are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations. (3) Use the clause with its Alternate II in other than construction contracts, if any of the supplies to be transported are commercial items that are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643. (4) Use the clause with its Alternate III in solicitations and contracts with an anticipated value at or below the simplified acquisition threshold. (c) Use the clause at 252.247–7024, Notification of Transportation of Supplies by Sea, in all contracts for which the offeror made a negative response to the inquiry in the provision at 252.247–7022, Representation of Extent of Transportation by Sea. (d) Use the clause at 252.247–7025, Reflagging or Repair Work, in all time charter solicitations and contracts for the use of a vessel for the transportation of supplies, unless a waiver has been granted in accordance with 247.571(c). [56 FR 36466, July 31, 1991, as amended at 59 FR 10580, Mar. 7, 1994; 60 FR 29501, June 5, 1995; 64 FR 2598, Jan. 15, 1999; 65 FR 14401. Mar. 16, 2000; 67 FR 38021, May 31, 2002]
Title 48: Federal Acquisition Regulations System
PART 247—TRANSPORTATION
Section Contents
247.001 Definitions.
247.104 Government rate tenders under section 10721 of the Interstate Commerce Act.
247.104-5 Citation of Government rate tenders.
247.105 Transportation assistance.
247.200 Scope of subpart.
247.206 Preparation of solicitations and contracts.
247.270 Stevedoring contracts.
247.270-1 Scope of section.
247.270-2 Definitions.
247.270-3 Technical provisions.
247.270-4 Evaluation of bids and proposals.
247.270-5 Award of contract.
247.270-6 Contract clauses.
247.271 Contracts for the preparation of personal property for shipment or storage.
247.271-1 Scope of section.
247.271-2 Policy.
247.271-3 Procedures.
247.271-4 Solicitation provisions, schedule formats, and contract clauses.
247.301 General.
247.301-70 Definition.
247.301-71 Evaluation factor or subfactor.
247.305 Solicitation provisions, contract clauses, and transportation factors.
247.305-10 Packing, marking, and consignment instructions.
247.305-70 Returnable containers other than cylinders.
247.370 Use of Standard Form 30 for consignment instructions.
247.371 DD Form 1384, Transportation Control and Movement Document.
247.372 DD Form 1653, Transportation Data for Solicitations.
247.373 DD Form 1654, Evaluation of Transportation Cost Factors.
247.570 Scope.
247.571 Policy.
247.572-1 Ocean transportation incidental to a contract for supplies, services, or construction.
247.572-2 Direct purchase of ocean transportation services.
247.573 Solicitation provision and contract clauses.
247.001 Definitions.
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Subpart 247.1—General
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247.104 Government rate tenders under section 10721 of the Interstate Commerce Act.
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247.104-5 Citation of Government rate tenders.
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247.105 Transportation assistance.
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Subpart 247.2—Contracts for Transportation or for Transportation-Related Services
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247.200 Scope of subpart.
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247.206 Preparation of solicitations and contracts.
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247.270 Stevedoring contracts.
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247.270-1 Scope of section.
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247.270-2 Definitions.
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247.270-3 Technical provisions.
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247.270-4 Evaluation of bids and proposals.
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247.270-5 Award of contract.
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247.270-6 Contract clauses.
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247.271 Contracts for the preparation of personal property for shipment or storage.
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247.271-1 Scope of section.
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247.271-2 Policy.
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247.271-3 Procedures.
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247.271-4 Solicitation provisions, schedule formats, and contract clauses.
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Subpart 247.3—Transportation in Supply Contracts
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247.301 General.
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247.301-70 Definition.
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247.301-71 Evaluation factor or subfactor.
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247.305 Solicitation provisions, contract clauses, and transportation factors.
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247.305-10 Packing, marking, and consignment instructions.
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247.305-70 Returnable containers other than cylinders.
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247.370 Use of Standard Form 30 for consignment instructions.
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247.371 DD Form 1384, Transportation Control and Movement Document.
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247.372 DD Form 1653, Transportation Data for Solicitations.
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247.373 DD Form 1654, Evaluation of Transportation Cost Factors.
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Subpart 247.5—Ocean Transportation by U.S.-Flag Vessels
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247.570 Scope.
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247.571 Policy.
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247.572-1 Ocean transportation incidental to a contract for supplies, services, or construction.
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247.572-2 Direct purchase of ocean transportation services.
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247.573 Solicitation provision and contract clauses.
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