FAR 47.305-4—F.o.b. destination solicitations.
Plain-English Summary
FAR 47.305-4 tells contracting officers how to draft solicitations when the Government is buying on an f.o.b. destination basis. It covers three related topics: first, the need to look to FAR 47.303 for the proper f.o.b. destination clauses that apply to standard delivery terms; second, how to require and enforce offers that are strictly f.o.b. destination by stating that nonconforming offers will be rejected as nonresponsive; and third, when to use the clause at 52.247-48, F.o.b. Destination—Evidence of Shipment, in situations where supplies may be purchased f.o.b. destination but inspection and acceptance will occur at origin. In practice, this section helps ensure the solicitation matches the intended delivery and risk-allocation terms, so offerors know exactly what pricing basis is acceptable and what documentation they must provide. It also reduces disputes over transportation responsibility, delivery evidence, and whether an offer can be evaluated or must be rejected. For contractors, the section signals that shipping terms are not just administrative details—they can determine responsiveness and contract compliance. For contracting officers, it is a drafting rule that protects the integrity of the competition and the Government’s ability to verify shipment and delivery under the chosen terms.
Key Rules
Use FAR 47.303 clauses
When preparing f.o.b. destination solicitations, the contracting officer must consult FAR 47.303 for the prescribed clauses that apply to standard delivery terms. This ensures the solicitation includes the correct transportation and delivery language for the acquisition.
Reject non-destination offers
If the Government wants only f.o.b. destination offers, the solicitation must clearly state that offers submitted on any other basis will be rejected as nonresponsive. This makes the delivery term a mandatory solicitation requirement, not a negotiable preference.
Insert evidence-of-shipment clause
When supplies may be purchased f.o.b. destination but inspection and acceptance will occur at origin, the contracting officer must include clause 52.247-48, F.o.b. Destination—Evidence of Shipment, in both the solicitation and the contract. The clause supports proof that shipment occurred even though acceptance is handled before destination delivery.
Match terms to evaluation
The solicitation’s delivery terms must align with how offers will be evaluated and accepted. If the Government intends to compare only destination-priced offers, the solicitation must be written to exclude other pricing bases that would distort evaluation or create ambiguity.
Responsibilities
Contracting Officer
Determine the correct f.o.b. destination clauses by referring to FAR 47.303; state clearly when only f.o.b. destination offers are acceptable; and insert clause 52.247-48 when supplies may be bought f.o.b. destination but inspection and acceptance will occur at origin.
Offerors/Contractors
Submit offers on the delivery basis required by the solicitation; if the solicitation requires f.o.b. destination only, price and structure the offer accordingly; and provide shipment evidence when the contract requires it.
Agency/Buying Activity
Ensure acquisition planning and solicitation review support the intended delivery term, inspection point, and acceptance point so the solicitation language is consistent with agency logistics and payment practices.
Practical Implications
A solicitation that says f.o.b. destination only must be enforced that way; accepting a different delivery basis can create a responsiveness problem and undermine the competition.
The contracting officer should make the delivery term unmistakable in the solicitation, because ambiguous shipping language can lead to pricing confusion, disputes over freight responsibility, and protest risk.
When inspection and acceptance happen at origin, the Government still needs shipment evidence if the purchase is on a destination basis; clause 52.247-48 is the mechanism for that proof.
Contractors should not assume they can propose alternate shipping terms unless the solicitation allows it; an otherwise competitive offer can be rejected if it is not on the required basis.
This section is especially important where transportation costs, risk of loss, and delivery documentation affect price evaluation, invoice support, and contract administration.
Official Regulatory Text
(a) When preparing f.o.b destination solicitations, the contracting officer shall refer to 47.303 for the prescription of f.o.b. destination clauses relating to standard delivery terms. (b) If f.o.b. destination only offers are desired, the solicitation shall state that offers submitted on a basis other than f.o.b. destination will be rejected as nonresponsive. (c) When supplies will or may be purchased f.o.b. destination but inspection and acceptance will be at origin, the contracting officer shall insert in solicitations and contracts the clause at 52.247-48 , F.o.b. Destination-Evidence of Shipment.