DFARS 252.247-7023 Transportation of Supplies by Sea. Basic (Apr 2014)

As prescribed in 247.574(b) and (b)(1), use the basic or one of the alternates of the clause at 252.247-7023, Transportation of Supplies by Sea, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, except those for direct purchase of ocean transportation services.
(1) Use the basic clause unless any of the supplies to be transported are commercial items that are—
(i) Shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations when the contract is not a construction contract; or
(ii) Commissary or exchange cargoes transported outside of the Defense Transportation System when the contract is not a construction contract.

TRANSPORTATION OF SUPPLIES BY SEA—BASIC (APR 2014)

      (a)  Definitions.  As used in this clause—

              “Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

              “Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

              “Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel.

              “Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

              “Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

              “Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

                    (i)  An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

                    (ii)  “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

              “U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

      (b)(1)  The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

              (2)  A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if—

                    (i)  This contract is a construction contract; or

                    (ii)  The supplies being transported are—

                            (A)  Noncommercial items; or

                            (B)  Commercial items that—

                                    (1)  The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

                                    (2)  Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

                                    (3)  Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

      (c)  The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that—

              (1)  U.S.-flag vessels are not available for timely shipment;

              (2)  The freight charges are inordinately excessive or unreasonable; or

              (3)  Freight charges are higher than charges to private persons for transportation of like goods.

      (d)  The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum—

              (1)  Type, weight, and cube of cargo;

              (2)  Required shipping date;

              (3)  Special handling and discharge requirements;

              (4)  Loading and discharge points;

              (5)  Name of shipper and consignee;

              (6)  Prime contract number; and

              (7)  A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted.  Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

      (e)  The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC  20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

              (1)  Prime contract number;

              (2)  Name of vessel;

              (3)  Vessel flag of registry;

              (4)  Date of loading;

              (5)  Port of loading;

              (6)  Port of final discharge;

              (7)  Description of commodity;

              (8)  Gross weight in pounds and cubic feet if available;

              (9)  Total ocean freight in U.S. dollars; and

              (10)  Name of steamship company.

      (f)  If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief—

              (1)  No ocean transportation was used in the performance of this contract;

              (2)  Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

              (3)  Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

              (4)  Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

 

ITEM DESCRIPTION

CONTRACT LINE ITEMS

 

QUANTITY

       

TOTAL

     

      (g)  If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

      (h)  In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows: 

              (1)  The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

              (2)  The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

(h) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows: (1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. (2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

Mandatory;
  DFARS 212.301 (SAM.gov clause) ✔ 

52.203-16 Preventing Personal Conflicts of Interest.

52.209-3 First Article Approval—Contractor Testing.

52.209-4 First Article Approval—Government Testing.

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.215-17 Waiver of Facilities Capital Cost of Money.

52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns.

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

52.219-6 Notice of Total Small Business Set-Aside.

52.219-7 Notice of Partial Small Business Set-Aside.

52.222-36 Equal Opportunity for Workers with Disabilities.

52.225-7 Waiver of Buy American Statute for Civil Aircraft and Related Articles.

52.227-5 Waiver of Indemnity.

52.228-15 Performance and Payment Bonds—Construction.

52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas.

52.232-12 Advance Payments.

52.234-4 Earned Value Management System.

52.237-8 Restriction on Severance Payments to Foreign Nationals.

52.237-9 Waiver of Limitation on Severance Payments to Foreign Nationals.

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense Contract-Related Felonies.

252.225-7016 Restriction on Acquisition of Ball and Roller Bearings.

252.225-7019 Restriction on Acquisition of Anchor and Mooring Chain.

252.225-7032 Waiver of United Kingdom Levies—Evaluation of Offers.

252.225-7033 Waiver of United Kingdom Levies.

252.225-7037 Evaluation of Offers for Air Circuit Breakers.

252.242-7005 Contractor Business Systems.

1852.204-76 Security Requirements for Unclassified Information Technology Resources.

1852.227-70 New Technology-Other than a Small Business Firm or Nonprofit Organization.

1852.227-71 Requests for Waiver of Rights to Inventions.

1852.227-88 Government-furnished computer software and related technical data.

1852.228-76 Cross-Waiver of Liability for International Space Station Activities.

1852.228-78 Cross-Waiver of Liability for Science or Space Exploration Activities Unrelated to the International Space Station.

1852.234-2 Earned Value Management System.

1852.245-78 Physical inventory of capital personal property

5252.204-9503 Expediting Contract Closeout (NAVAIR)

5252.209-9513 ORGANIZATIONAL CONFLICT OF INTEREST INSTRUCTIONS (SERVICES) (NAVAIR)

5252.209-9510 ORGANIZATIONAL CONFLICTS OF INTEREST (SERVICES) (NAVAIR)(MAR 2007)

3052.209-70 Prohibition on contracts with corporate expatriates

5152.225-5902 Fitness for Duty and Medical/Dental Care Limitations

652.228-71 Worker’s Compensation Insurance (Defense Base Act) - Services.

752.231-71 Salary supplements for HG employees.

952.209-72 Organizational conflicts of interest.

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