Ocean Transportation by U.S.-Flag Vessels
DFARS Case 2000-D014
Proposed Rule
PART 213—SIMPLIFIED ACQUISITION PROCEDURES
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SUBPART 213.3—SIMPLIFIED ACQUISITION METHODS
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213.301 Governmentwide commercial purchase card.
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(2) An individual appointed in accordance with 201.603-3(b) also may use the Governmentwide commercial purchase card to make a purchase that exceeds the micro-purchase threshold but does not exceed $25,000, if—
(i) The purchase—
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(E) Is not for ball or roller bearings as end items; and
(F) Does not require access to classified or Privacy Act information; and
[(G) Does not require transportation of supplies by sea; and]
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PART 247—TRANSPORTATION
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subpart 247.5—ocean transportation by u.s.-flag vessels
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247.572 Procedures.
247.572-1 Ocean transportation incidental to a contract for supplies, services, or construction.
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(c) The contracting officer must ask each offeror whether it will transport supplies by sea if awarded the contract (see 247.573(a)). Even if the successful offeror responds that it does not anticipate sea transport of supplies, it may discover during contract performance that ocean transportation is required. In that event, the 1904 Act will apply to the contract, and the contractor must—
(1) Notify the Government that it now intends to use ocean transportation;
(2) Use U.S.-flag vessels unless certain conditions exist (see 247.571(a)); and
(3) Comply with the other requirements of the clause at 252.247-7023, Transportation of Supplies by Sea.
(d) * * *
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247.573 Solicitation provision and contract clauses.
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(b)(1) Use the clause at 252.247-7023, Transportation of Supplies by Sea, in all solicitations and resultant contracts, except—
(i) T[t]hose for direct purchase of ocean transportation services; or
(ii) Those with an anticipated value at or below the simplified acquisition threshold.
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[(4) Use the clause with its Alternate III in solicitations and contracts with an anticipated value at or below the simplified acquisition threshold.]
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PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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252.247-7023 Transportation of Supplies by Sea.
As prescribed in 247.573(b)(1), use the following clause:
TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000[XXX 2001])
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(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Division of National Cargo, Office of Market Development, 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—
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(f) The Contractor agrees to[shall] provide with its final invoice under this contract a representation that to the best of its knowledge and belief—
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(h) [In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, t]The Contractor shall [flow down the requirements of this clause as follows:
(1) The Contractor shall insert the substance of]includethis clause, including this paragraph (h), in all subcontracts under this contract that (1) E[e]xceed the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation; and[.]
(2) Are for a type of supplies described in paragraph (b)(2) of this clause[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)
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[ALTERNATE III (XXX 2001)
As prescribed in 247.573(b)(4), substitute the following paragraph (f) for paragraphs (f), (g), and (h) of the basic clause:
(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in subcontracts that are for a type of supplies described in paragraph (b)(2) of this clause.]
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