Overview
FAR 46.314 prescribes the mandatory inclusion of the "Inspection of Transportation" clause (52.246-14) in contracts for specific domestic surface and water freight services to ensure government inspection rights.
Key Rules
- Mandatory Inclusion: The clause 52.246-14 must be inserted in solicitations and contracts for freight transportation services via rail, motor (including bus and local drayage), domestic freight forwarders, and domestic water carriers (inland, coastwise, and intercoastal).
- Prohibited Use (Air/International): The clause shall not be used for transportation services provided by domestic or international air carriers or international ocean carriers.
- Prohibited Use (Specific Instruments): The clause is excluded from freight services provided under bills of lading or those involving reduced rates negotiated under 49 U.S.C. 10721 or 13712.
- Cross-Reference: This section operates in conjunction with the broader transportation policies found in FAR Part 47.
Practical Implications
- Contracting Officers must carefully distinguish between the mode of transport and the legal instrument used; for example, a standard commercial contract for trucking requires this clause, while a shipment moving under a Government Bill of Lading (GBL) does not.
- Quality assurance personnel gain specific domestic inspection authorities under this clause that do not extend to international maritime or any form of air freight.