2024.07.23 Appendix F (Remediation Efforts)_DRAFT.pdf

HTC711-XX-R-R0XX

Appendix F (Remediation)

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REMEDIATION EFFORTS

F.1. Liability. The Contractor shall be liable for additional damage that results from its failure to take reasonable steps to mitigate the extent of the loss. For example, if a shipment is damaged by water, the Contractor, as soon as practical, should attempt to clean and dry the items, rather than allow further damage (e.g., rust, warping, or mildew), to develop from prolonged exposure to dampness. Upon obtaining Contracting Officer approval, the Contracting Officer’s Representative (COR) may direct the Contractor to undertake specific mitigation work, or may authorize payment for mitigation work, subject to later determination of whether the Government or the Contractor is liable for the cost.

F.2. Damage or Contamination. When containers show signs of contamination, the Contractor shall contact the responsible COR by phone and via e-mail preferred with Delivery and Read Receipt as proof of notification. The responsible COR will make arrangements with the closest Personal Property Shipping Office (PPSO) or Personal Property Processing Office (PPPO) for a quality assurance (QA) inspector to be present at an agreed upon location within two (2) government business days when the seals are broken, and the containers are inspected for damage or contamination. If the PPSO or PPPO is unable to provide a QA inspector, the Contractor shall contact USTRANSCOM at transcom.scott.tcj9.mbx.pp-perf@mail.mil. If there is no evidence of damage or contamination, the containers will be resealed and stored in accordance with the Performance Work Statement. If damage or contamination is discovered, the Contractor shall notify the COR who will then notify the servicing Military Claims Office (MCO), the responsible PPSO with the findings. The Contractor in possession at the time the damage or contamination is discovered is responsible for arranging mitigation. If damaged items are cleaned or treated, the Contractor shall allow adequate time for household goods to dry properly before storing items back in the vaults.

F.3. Payment in Lieu of Remediation. Prior to undertaking any remediation work, the Contractor procures the services of a qualified remediation firm, if reasonably available at the destination location, unless otherwise directed by the COR. The remediation firm will make a preliminary assessment of any damage or contamination and the Contractor shall provide a copy of any estimates to the COR, MCO, responsible origin PPSO, and the destination PPSO. The MCO will determine whether circumstances warrant disposal of the contaminated shipment without attempting remediation after consultation with the Contractor, remediation firm, and the customer. If the MCO determines that remediation is appropriate and reasonable under the circumstances, and the customer refuses delivery, the customer will be advised that the Contractor is only liable for the lesser of the remediation cost or full replacement cost.

mailto:transcom.scott.tcj9.mbx.pp-perf@mail.mil

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F.4. Items Suitable for Cleaning or Remediation. Whether contaminated items are suitable for cleaning or remediation depends upon several factors including, but not limited to, the extent of the contamination on a particular item, the nature of the material contaminated, limiting future contamination, and the cost of remediation in relation to the value of the item. If items are still wet, measures are normally taken to dry all items suitable for cleaning or remediation. The Contractor shall identify items that are suitable for cleaning or other remediation and items that are not suitable for cleaning or remediation. The Contractor is required to notify the QA inspector and customer of the date, time, and location prior to beginning the remediation process.

F.5. Items Not Suitable for Cleaning or Remediation. When it is determined that contaminated items are not suitable for cleaning or remediation, the Contractor shall notify the COR and the MCO. The Contractor is not required to transport contaminated items not suitable for cleaning or remediation. The COR will offer the customer an opportunity to inspect the shipment and remove items of sentimental or special value at the owner’s discretion. Before removal of any items, the customer will be advised that the Contractor may require the customer to release them from personal injury liability for exposure to mold.

F.6. Delivery of Remediated Items. Items that have been remediated will normally be delivered to the customer as soon as practical after remediation is complete. Before delivery, the Contractor will notify the COR and the MCO that the items have been remediated, are ready for delivery, and provide a reasonable opportunity to inspect the remediated items before delivery begins.

F.7. Customer Inspected Remediated Items. If the customer inspects and accepts all remediated items, the goods will be delivered as soon as practical. If the customer does not accept the remediation on any item, the Contractor will accept a claim for compensation at full replacement value. If the Contractor disagrees with the customer on any item, the Contractor will contact the COR regarding the conflict. The COR will contact the servicing MCO who will make the determination on the disposition of the remediated items.

F.8. Customer Uninspected Remediated Items. Some customers may decline to inspect or decline to respond to the notification to inspect remediated. When known, the customer should advise the Contractor before delivery transportation begins that they will not accept the delivery. If the customer refuses delivery of remediated items after delivery of those items begins, the Contractor will be instructed to transport those items to one of its storage facilities at the Contractor’s discretion. In either case, the Contractor will notify

F-3 the COR of the situation and await further direction. The COR will contact the servicing MCO whom determines disposition of the remediated items in question.