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national status under the laws of the United States.
(b) The Contractor shall employ U.S.-flag vessels in the
transportation by sea of any supplies to be furnished in the performance of
this contract. 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 changes are inordinately excessive or
unreasonable; or
(3) Freight charges are higher than charges to private persons
for transportation of like goods.
(c) The Contractor must submit any request for use of other than U.S.-
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.
(d) 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, U.S.
Department of Transportation, 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;
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