IMMEDIATE ACTION

DEPARTMENT OF THE AIR FORCE AFMC ACQUISITION

CIRCULAR 97-2

Headquarters AFMC

Wright-Patterson AFB OH 45433 30 Sep 98

Air Force Materiel Command Acquisition Circular (AFMCAC)

1. All material in this AFMCAC is effective as of the date of the AFMCAC. Each item of this AFMCAC shall remain in effect until specifically cancelled or incorporated by a subsequent edition of the AFMCFARS.

2. This AFMCAC implements AFMC FAR Council case 98-016 (Item 1) and administrative changes (Item 2).

Item 1.

a. Title: AFMCFARS 5347.305-10, 5352.247-9005, 5352.247-9006, 5352.247-9007, 5352.247-9008, 5352.247-9009, 535.247-9010, 5352.247-9011, 5352.247-9012, 5352.247-9013,and 5352.247-9017, pages 47-i, 47-1, 47-2, 52-106, 52-107, 52-108, 52-109, 52-110, 52-111 and 52-112.

b. Purpose/Explanation of Change(s): Implements changes required to bring the AFMCFARS up to date with the current DoD and commercial packaging and marking requirements for military items. These changes include the separation of packaging and marking requirements from one specification into different specifications and changes to specification titles. The change to 5352.247-9017 simplifies its implementation in contract writing systems. Page reformatting caused movement of text from page 47-2 to 47-1 Therefore, since the page 47-1 was changed, the header was also changed to reflect AFMCAC 97-2. However, there are no policy changes on that page.

____________________

No. of Printed Pages: 14

OPR: HQ AFMC/PKP (Kenneth J. Farr)

Distribution: F

HQ USAF/LG, Wash DC 20330-5000.............4

SAF/AQCP, Wash DC 20330-5000................ 3

HQ USAF/JAC, Wash DC 20330-5000...........1

HQ AFIA/IM, Kirtland AFB NM 87117-5670....1

AUL/LDEA, Maxwell AFB AL 36112-5564...... 1

Item 2.

a. Title: 5352.215-9011, page 52-30.

b. Purpose/Explanation of Change(s): Changes date of clause to "AUG 1998". Change should have been made with AFMCAC 97-1 due to a change to the.clause. The balance of the clause is not included in this AFMCAC.

3. Filing instructions:

Page Insert changes:

Remove: Insert:

47-i, 47-ii 47-i, 47-ii

47-1, 47-2 47-1, 47-2

52-29 to 52-30 52-29 to 52-30

52-105 to 52-112 52-105 to 52-112

Note- Changes highlighted in red

PART 5347--TRANSPORTATION

TABLE OF CONTENTS

SUBPART 5347.1--GENERAL

SUBPART 5347.3--TRANSPORTATION IN SUPPLY CONTRACTS

This page is blank

PART 5347--TRANSPORTATION

SUBPART 5347.1--GENERAL

5347.104 Government rate tenders under section 10721 of the Interstate Commerce Act.

5347.104-4 Contract clauses.

(90) Insert the clause at 5352.247-9000, Commercial Bill of Lading Shipments - Carrier's Rates, in Section F of all f.o.b. origin cost-reimbursement and fixed-price solicitations and contracts incorporating FAR 52.247-1, Commercial Bill of Lading Notations (see FAR 47-104.4(b)).

SUBPART 5347.3--TRANSPORTATION IN SUPPLY CONTRACTS

5347.303 Standard delivery terms and contract clauses.

5347.303-4 F.o.b. origin, freight prepaid.

(c)(90) Insert the clause at 5352.247-9001, F.o.b. Origin, Freight Prepaid, in Section F when the contracting officer and transportation office determine it is in the best interest of the Government to authorize prepaid freighting charges (e.g., origin of shipment is Canada).

(91) Insert the clause at 5352.247-9002, F.o.b. Origin, Transportation Instructions, in Section F when the transportation administration is retained by the contracting office with the concurrence of the transportation office.

5347.305 Solicitation provisions, contract clauses, and transportation factors.

5347.305-6 Shipments to ports and air terminals.

(a)(90) This subsection addresses shipments of U.S. Government material (non-FMS) originating overseas such as deliveries from foreign firms or CONUS firms with overseas operations. Insert the clause at 5352.247-9003, F.o.b. Point for U.S. Shipments Originating Outside the Continental U.S., in Section F when shipments originate outside the continental U.S. for U.S. requirements.

(91) Insert the clause at 5352.247-9004, F.o.b. Point for FMS Shipments Originating Outside the U.S., and FAR 52.247-34, F.o.b. Destination, in Section F when FMS shipments originate outside the continental U.S.

5347.305-10 Packaging, marking, and consignment instructions.

(a)(90) Use AFMC Form 158, Packaging Requirements, or similar document for all acquisitions requiring delivery of hardware items.

(91) Insert the clause at 5352.247-9005, Shipping Container Marking, substantially as written, in Section D when the Government requires marking and bar coding in accordance with the requirements of MIL-STD-129, Standard Practice for Military Marking. The additional bar coding requirements will be identified on the AFMC Form 158.

(92) Insert the clause at 5352.247-9006, Marking of Warranted Items, substantially as written, in Section D when the items to be delivered are covered by a warranty.

(93) Insert the clause at 5352.247-9007, Specification Commercial Packaging, in Section D when the Government requires the use of commercial packaging to the American Society for Testing and Materials (ASTM) Specification D3951. This is the preferred commercial packaging requirement. In addition to this clause, if marking and bar coding are required, use 5352.247-9005 to identify the requirements.

(94) Insert the clause at 5352.247-9008, Contractor Commercial Packaging, in Section D when other packaging and marking requirements are not appropriate or acceptable to the offeror. In addition to this clause, if marking and bar coding are required, use 5352.247-9005, Shipping Container Bar Code Marking, to identify appropriate requirements.

(95) Insert the clause at 5352.247-9009, Military Packaging and Marking, in Section D when military specification packaging and marking are required.

(96) When the contractor is to develop (design and/or manufacture) a new engineered or specialized container, the requirement must be identified as a separate line item in the purchase request, the solicitation, and the contract. The proposal shall include the proposed container cost broken into design and manufacturing elements. Approval for purchase of new containers shall be determined by ASC/WMGC, 102 West D Avenue, Suite 168, Eglin AFB FL 32542-6807 for munitions containers and AFMC LSO/LOP, 5215 Thurlow Street, Wright-Patterson AFB OH 45433-5540 for nonmunitions containers. The approval shall be provided to the contracting officer for notification to the contractor. Insert the clause at 5352.247-9010, Engineered or Specialized Containers, substantially as written, in Section D. Data items, DI-PACK-80683, Container Design and Retrieval System (CDRS) Search Request, and DI-PACK-80684A, Container Design and Retrieval System (CDRS) Data Input, must be identified on the DD Form 1423, Contract Data Requirements List.

(97) Insert the clause at 5352.247-9011, Packaging and Marking of Hazardous Material, substantially as written, in Section D when an acquisition is for the delivery of commercial or military items involving hazardous material.

(98) Insert the clause at 5352.247-9012, Packaging for Inspection and Acceptance at Destination, in Section D when packaged material requires inspection at destination.

(99) Insert the clause at 5352.247-9013, Packaging Data, in Section D when the Government will purchase the rights to the packaging design and data.

5352.215-9010 Training.

As prescribed in 5315.209-90(l), insert the following clause, substantially as written, in Section I:

TRAINING (AFMC) (JUL 1997)

(a) When training is conducted at a Government site, Government-furnished facilities and equipment will be utilized including classrooms, overhead projectors, screen, chalkboards, and equipment installed under this contract.

(b) The Contractor shall be responsible for:

(1) Furnishing all training manuals, schematics, drawings, charts, and transparencies required to conduct training. A copy of all training materials will be provided to the Government Functional Area Evaluator (FAE) (see AFMCFARS 5337.91) for review and approval;

(2) Furnishing all equipment necessary to effectively conduct the training program except equipment that is specifically identified elsewhere in the contract as being furnished by the Government; and

(3) Conducting formal training approximately eight hours per day (excluding weekends and Government holidays).

(c) The Government FAE will be the point of contact for coordinating training dates.

(End of clause)

5352.215-9011 Lowest Evaluated Price Technique Technical Proposal

Requirements.

As prescribed in 5315.305(90), insert the following provision, substantially as written, in Section L:

LOWEST EVALUATED PRICE TECHNIQUE

TECHNICAL PROPOSAL REQUIREMENTS (AFMC) (AUG 1998)

(a) The offeror shall submit the technical proposal as a package separate from the pricing proposal and other portions of the proposal. Proposals shall include all data and information required by this solicitation. The offeror shall make no reference to price in the technical proposal. Only one technical proposal from each offeror shall be considered unless the instructions otherwise allow for alternate proposals. The offeror's technical proposal and any subsequent negotiated changes thereto shall be incorporated into any resultant contract and the commitments made therein shall be binding upon that offeror. In cases of any conflict or ambiguity between the offeror's technical proposal including amendments) and the Government specifications, the Government specifications shall govern.

tender is for the U.S. Department of Defense, and the actual total transportation charges paid to the carrier(s) by the consignor or consignee are assignable to and are to be reimbursed by the Government."

(4) 1,000 Pounds and Over. Contractor/shipper is required to contact the CTO at least 5 working days prior to shipment on less-than-truckload size shipments (less than 10,000 pounds) and 15 working days prior to shipment on truckload shipments (10,000 pounds and over). The Contractor shall provide the same information as in paragraph 3 above, in addition to the date the shipment will be available for delivery.

(5) Shipment Not in the Above Categories. For Air Freight Shipments, Hazardous Material, Foreign Military Sales, or material requiring specialized equipment or handling, contact the CTO for instructions.

(End of clause)

5352.247-9003 F.o.b. Point for U.S. Shipments Originating Outside the Continental U.S.

As prescribed in 5347.305-6(a)(90), insert the following clause in Section F:

F.O.B. POINT FOR U.S. SHIPMENTS ORIGINATING OUTSIDE

THE CONTINENTAL U.S. (AFMC) (JUL 1997)

(a) F.o.b. point means the U.S. Aerial Port/Water Port of Embarkation (APOE/WPOE). The current APOE and WPOE for a particular location is available from the Contractor's area U.S. contract administration office.

(b) The Contractor shall specify the APOE and WPOE which is nearest the Contractor's facility for contract item deliveries. The APOE/WPOE for delivery of items shall be the nearest accessible APOE/WPOE to the Contractor's facility. If the user activity is in the Contractor's own country the f.o.b. point will be the user activity. The Contractor shall pay for transportation costs to the APOE/WPOE or user activity for the contract items to be delivered. Movement or closure of the designated APOE/WPOE will be subject to the negotiation of an equitable adjustment under the contract.

(1) The Contractor designated APOE for this contract is (insert name and location of APOE)

(2) The Contractor designated WPOE for this contract is (insert name and location of WPOE).

(c) The Government designated mode of shipment is (the Contracting Officer shall identify APOE or WPOE at the time of award).

(End of clause)

5352.247-9004 F.o.b. Point for FMS Shipments Originating Outside the

U.S.

As prescribed in 5347.305-6(a)(91), insert the following clause in Section F:

F.O.B. POINT FOR FMS SHIPMENTS ORIGINATING

OUTSIDE THE U.S. (AFMC) (JUL 1997)

(a) The f.o.b. point for FMS shipments originating outside the continental U.S. shall be the country's freight forwarder as identified below.

(b) The Contractor shall pay transportation costs to the f.o.b. point(s) and identify the transportation costs for each line item as provided below. When more than one f.o.b. point is shown for a single contract line item (i.e., freight forwarder is on CONUS east and west coasts), the point of delivery shall be the f.o.b. point nearest to the Contractor's facility. Contractor assures exportability to the f.o.b. point(s) listed below:

F.o.b Point Contractor

Contract Line Item(s) (City and State) Transportation Cost

_________________ ________________ _____________________

_________________ ________________ _____________________

_________________ ________________ _____________________

(c) The Contractor transportation cost shall be used in the negotiation of an equitable adjustment if the f.o.b. point is changed.

(End of clause)

5352.247-9005 Shipping Container Bar Code Marking.

As prescribed in 5347.305-10(a)(91), insert the following clause, substantially as written, in Section D:

SHIPPING CONTAINER BAR CODE MARKING (AFMC) (SEP 1998)

All shipping containers shall be marked using the following criteria:

(a) MIL-STD-129N, Standard Practice for Military Marking bar code format shall conform to bar code symbology Format 3 of 9, Code 39 as specified in MIL-STD-129.

(b) Additional marking or bar coding requirements: (if additional bar coding or marking requirements exceeding those of MIL-STD-129N such as unit serial numbers are specified on the AFMC Form 158, insert them here.)

(End of clause)

5352.247-9006 Marking of Warranted Items.

As prescribed in 5347.305-10(a)(92), insert the clause, substantially as written, in Section D:

MARKING OF WARRANTED ITEMS (AFMC) (JUL 1997)

The Contractor shall mark the items or otherwise furnish notice with the items to show the existence of the warranty; its substance and duration; and the name, address, and telephone number of the person to notify if the items are defective in accordance with FAR 46.706(b)(5), Warranty terms and conditions.

(End of clause)

5352.247-9007 Specification Commercial Packaging.

As prescribed in 5347.305-10(a)(93), insert the following clause in Section D:

SPECIFICATION COMMERCIAL PACKAGING

(AFMC) (SEP 1998)

(a) Items shall be packaged in accordance with American Society for Testing and Materials (ASTM) Specification D3951-95, Standard Practice for Commercial Packaging. Individual shipments exceeding 150 pounds, 108 inches in length, or 130 inches in girth plus length shall be packaged on skidded crates or palletized to allow handling by forklift.

(b) The exterior container shall be marked (readable from 24 inches): "ASTM D 3951 - NOT FOR OUTSIDE STORAGE."

(End of clause)

5352.247-9008 Contractor Commercial Packaging.

As prescribed in 5347.305-10(a)(94), insert the following clause in Section D:

CONTRACTOR COMMERCIAL PACKAGING

(AFMC) (SEP 1998)

(a) Items shall be packaged in[ ] accordance with the Contractor's commercial best practice to ensure undamaged arrival at destination. Individual shipments exceeding 150 pounds, 108 inches in length, or 130 inches in girth plus length shall be packaged on skidded crates or palletized to allow handling by forklift.

(b) The exterior container shall be marked (readable from 24 inches): "NOT FOR OUTSIDE STORAGE."

(End of clause)

5352.247-9009 Military Packaging and Marking.

As prescribed in 5347.305-10(a)(95), insert the following clause in Section D:

MILITARY PACKAGING AND MARKING (AFMC) (SEP 1998)

Items shall be packaged in accordance with MIL-STD-2073, Standard Practice for Military Packaging. Shipping and storage markings shall be in accordance with MIL-STD-129N, Standard Practice for Military Marking.

(End of clause)

5352.247-9010 Engineered or Specialized Containers.

As prescribed in 5347.305-10(a)(96), insert the following clause, substantially as written, in Section D:

ENGINEERED OR SPECIALIZED CONTAINERS (AFMC) (SEP 1998)

(a) Existing containers or designs already in the DoD inventory shall be evaluated for use or adaptation prior to the development of new containers (MIL-STD-2073-1C, Standard Practice for Military Packaging). Modification of existing containers or designs are an acceptable alternative to new containers when approved by the Government. The Contractor's recommendation shall be based on information received from queries using DI-PACK-80683A, Container Design and Retrieval System (CDRS) Search Request.

(b) Air Force acceptance of proposed new engineered or specialized containers shall be by written notice from the Contracting Officer and identify each container accepted. Considerations for acceptance include life-cycle cost, capability to interface with DoD distribution systems (storage and transportation), ability to meet operational requirements, and qualification testing requirements.

(c) When accepted, the Contractor shall comply with DI-PACK-80684A, Container Design and Retrieval System (CDRS) Data Input.

(End of clause)

5352.247-9011 Packaging and Marking of Hazardous Material.

As prescribed in 5347.305-10(a)(97), insert the following clause, substantially as written, in Section D:

PACKAGING AND MARKING OF HAZARDOUS MATERIAL (AFMC) (SEP 1998)

Hazardous materials shall be prepared for shipment in accordance with the following applicable regulations for the individual shipment hazard, ultimate destination, and mode of transportation:

(a) Code of Federal Regulations (CFR) Title 29, Part 1910.1200;

(b) Code of Federal Regulations (CFR) Title 49;

(c) Air Force Joint Manual (AFMAN) 24-204, Preparing Hazardous Materials for Military Air Shipment;

(d) International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air; and

(e) International Maritime Dangerous Goods (IMDG) Code.

(End of clause)

5352.247-9012 Packaging for Inspection and Acceptance at Destination.

As prescribed in 5347.305-10(a)(98), insert the following clause in Section D:

PACKAGING FOR INSPECTION AND

ACCEPTANCE AT DESTINATION (AFMC) (JUL 1997)

Items requiring inspection and acceptance of material at destination shall be preserved, packaged, and packed so that all containers are capable of being opened and resealed. The Contractor is responsible for ensuring that delivered items are provided adequate physical protection to prevent corrosion or damage during shipment and storage, unless the damage or deterioration is due to fault of the Government.

(End of clause)

5352.247-9013 Packaging Data.

As prescribed in 5347.305-10(a)(99), insert the following clause in Section D:

PACKAGING DATA (AFMC) (SEP 1998)

The Contractor shall provide packaging data in accordance with DD Form 2326, Preservation and Packing Data, and/or DD Form 2169, Special Packaging Instructions. MIL-STD-2073-1C, Standard Practice for Military Packaging, identifies the applicable data elements. DI-PACK-80120B, Preservation and Packing, and DI-PACK-80121B, Special Packaging Instructions, apply.

(End of clause)

5352.247-9014 Unilateral Amended Shipping Instructions (ASIs), F.o.b.

Origin.

As prescribed in 5347.305-10(b)(90), insert the following clause in Section F:

UNILATERAL AMENDED SHIPPING INSTRUCTIONS (ASIs),

F.O.B. ORIGIN (AFMC) (JUL 1997)

(a) An ASI is a change to the shipping instructions of one or more units or shipment lots of a contract line item. Multiple ASIs for multiple contract line items may be issued under one document.

(b) Unilateral ASIs with changes only to the "Ship To and Mark For" instructions, issued 20 calendar days or more before the contract scheduled delivery date, shall be accepted by the Contractor at no change in contract price.

(c) All other ASIs, including those requiring a change to the "Ship To and Mark For" which are issued 19 days or less before the contract scheduled delivery date; and those for changes to the preservation, packaging, and packing requirements or the f.o.b. point, shall be subject to the negotiation of an equitable adjustment under the contract.

(End of clause)

5352.247-9015 Temporary Storage of FMS Munitions Items.

As prescribed in 5347.305-10(b)(94), insert the following clause in Section F:

TEMPORARY STORAGE OF FMS MUNITIONS ITEMS

(AFMC) (JUL 1997)

The Contracting Officer may authorize the Contractor to ship in place, store in a bonded storage area, and upon submission of proper invoice or DD Form 250, Material Inspection and Receiving Report, receive payment for units shipped when the clear text shipping address and transportation instructions are not available at the time that deliveries are accepted by the U.S. Government on behalf of the FMS customer. The requirement for "Evidence of Shipment" shall be postponed until after receipt of the clear text shipping instructions. The Contractor shall store and safeguard the units in bonded storage at no change in contract price while waiting for shipping instructions.

(End of clause)

5352.247-9016 Reserved.

5352.247-9017 F.o.b. Point for Delivery of Government-Furnished

Property.

As prescribed in 5347.305-12(a)(90), insert the following clause in Section F:

F.O.B. POINT FOR DELIVERY OF

GOVERNMENT-FURNISHED PROPERTY (AFMC) (SEP 1998)

The f.o.b. point for delivery of Government-furnished property, as defined in FAR 52.247-55, F.o.b. Point for Delivery of Government-Furnished Property, shall be: (insert f.o.b. point of delivery)

(End of clause)

5352.290-9000 Delay and Standby Time.

As prescribed in 5390.9000(a)(1), insert the following clause, substantially as written, in Section I:

DELAY AND STANDBY TIME (AFMC) (JUL 1997)

F.o.b. Destination--Tank Trucks and Trailers:

No payment shall be made by the Government for delays or standby to the Contractor's trailers or tank trucks incident to the operation or off-loading at using activities except when such delays exceed (insert number of hours) hours from arrival at using activity to departure from using activity and such delays are directly attributable to action or nonaction of the Government or its agents. For delays which meet this criteria, the Contractor shall be reimbursed (insert amount) per quarter hour or fraction thereof. The delay time shall start at the place of entry to the using activity where verification may be made by operating personnel. In the event the using activity is not working on a twenty-four (24) hour basis, the normal time of delivery will be between (insert hour) a.m. and (insert hour) p.m. Monday through Friday. The Contractor is obligated to schedule deliveries so that trucks will arrive at using activity between the specified hours. Unless otherwise specified in the delivery schedule, the delay and standby time will be between the hours stated. When vehicles are held at the convenience of the Government, payment will be made for actual hours delayed. All charges to the Government under this clause shall be submitted within thirty (30) days of date(s) demurrage was incurred. A separate invoice with supporting information is required. The invoice will be forwarded to (insert address) for certification prior to effecting payment.

(End of clause)