DTR_4500.9-R.pdf

Defense Transportation Regulation – Part II 24 February 2016 Cargo Movement

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CHAPTER 201

GENERAL CARGO MOVEMENT PROVISIONS

A. PURPOSE

1. This regulation prescribes procedures and guidance and assigns responsibilities for performing traffic management functions initiated or sponsored by Department of Defense (DoD) activities, to include the transportation and movement of materiel.

2. It also prescribes the standard data elements, codes, formats, documents, forms, rules, methods, and procedures required by DoD Components, other United States (U.S.) Government

Agencies/civil authorities, and users of the Canada-United States integrated lines of communication in the transportation and movement of materiel to, within, and outside the

Defense Transportation System (DTS).

3. There are no exclusions from these data/documentation requirements for shipments entering the

DTS. Service or Agency regulations cover some shipments that might logically fit the description of movement in the DTS. Those DTS-like shipments not covered by the Defense

Transportation Regulation (DTR) are:

a. Coal and petroleum products shipped in bulk

b. Annual resupply projects not entering the DTS.

B. PROCEDURES

1. The United States Transportation Command (USTRANSCOM), in conjunction with the Services and Combatant Commanders (CCDRs), provides technical direction and supervision over all the traffic management functions incident to DoD passenger, cargo, mobility, and personal property movements; customs activities; and management of intermodal containers, 463L pallet, and net assets within the DTS during peace and time of war.

2. DoD activities are required to use the DTS services outlined in this regulation, except when they are Service-unique or theater-assigned transportation assets. Required DTS services, for the purpose of this regulation, include all the services provided by Transportation Component

Commands (TCCs) and other agencies on their behalf.

a. Deviations or exemptions will not be approved unless the user establishes that the DTR does not provide workable methods or procedures. The DTR accommodates technological improvements; however, prior to tests of innovative procedures within selected segments of the DTS, the DTR Administration Office and all concerned Agencies will be advised. DTR users involved in the development of advanced logistics systems will establish liaison with the DoD DTR system administrator. In addition, Service, CCDRs, Commanders (CDRs), and

Agency mobility plans will recognize DTR documentation requirements.

b. Maximum use is made of Automated Information Systems (AIS), Automatic Identification

Technology (AIT), the Defense Data Network (DDN), the Military Message Handling

Service (MMHS), the Defense Switched Network (DSN), Electronic Data Interchange (EDI), electronic mail (e-mail), facsimile (fax), and the Worldwide Web (WWW) to speed the exchange of DTR data. Services, Agencies, and theater commands establish communications methods for clearance authorities, terminals, and related activities requiring DTR data.

c. DTR documents are not classified unless the sponsoring Service assigns a security classification in accordance with (IAW) Department of Defense Manual (DoDM) 5200.01, DoD Information Security Program, Volume 1-4. The General Services Administration

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(GSA) assigns a security classification IAW Office of the Administrator Publication

1025.2D, HB, Classified National Security Information. When so classified, the integrity of the classification is protected within the DTS. Classified cargo will be moved IAW procedures in Chapter 205.

C. DTR PROGRAM ADMINISTRATION

1. To streamline the process for making changes to this regulation, the coordination and publication of changes to DTR 4500.9-R, The Defense Transportation Regulation, are accomplished IAW

Department of Defense Directive 4500.09E, Transportation and Traffic Management.

2. DTR Action Officer (AO) Working Group members will submit proposed changes after coordination through their Service channels, as applicable, to the USTRANSCOM DTR

Administrator. Proposed changes will contain:

a. Subject: Include DTR part number, page number, and paragraph and/or sub-paragraph or

Appendix.

b. Issue: Explain the issue in detail and include possible interface and impacts on existing

Logistic Systems.

c. Recommendation: Provide proposed wording for the regulation.

d. Justification: Include justification and identify known advantages and disadvantages of the proposed change.

e. Systems Impact/Resource Implications: Identify the known impacts on automated systems and interfaces, whether additional funding will be required to support systems changes, and the estimated timeline for implementation of systems changes. Identify any other known resource costs associated with the proposed change.

3. The DoD DTR administrator is responsible for staffing proposed changes via e-mail. Proposed changes will be submitted to the USTRANSCOM DTR POC via e-mail, utilizing the format identified in Paragraph C.2, above.

a. Unless the proposed change is of a critical, time-sensitive nature, the proposed change will be held until the next anticipated update for that specific part of the DTR.

b. Upon approval, formal changes will be released in one of three different formats; a completely revised/re-issued publication, an interim update, or as an “expedited change.”

The coordination process for revised/reissued publications and interim updates, are the same, and are addressed in Paragraph C.3.c, below. Expedited changes are addressed in Paragraph

C.3.d.

c. AO group members will be notified by e-mail of a proposed change package. E-mail will provide a link to the coordination website established exclusively for staffing the proposed change. The AO group members will be able to access all files required for reviewing the proposed changes to include comment matrices. AO group members will have 45 calendar days to respond to the proposed change package. If an individual Service/Agency AO group member feels that the proposed change package requires internal coordination within their

Service/Agency or with a field activity, they may do so provided that the additional input is consolidated into a single Service/Agency response. The 45-calendar day window should be adhered to in order to expedite the change process. When AO coordination has been obtained, this process will be essentially repeated with the Oversight Working group utilizing a 30-calendar day window. Upon approval, USTRANSCOM will publish the change.

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d. If a proposed change is of a critical or time sensitive nature, the proposed change may be coordinated as an “expedited” change, at the AO and then the Oversight Working group levels, as outlined above. Unlike a formal change, an expedited change will typically address only one specific issue (e.g., an issue involving safety), and may be coordinated under an accelerated time frame, provided all parties agree.

4. DTR Oversight Working Group and AO Working Group members are established for each of the individual parts of the DTR.

a. The Working Groups are composed of members from the Office of the Deputy Assistant

Secretary of Defense – Transportation Policy (DASD-TP), United States Army (USA) G4, United States Air Force (USAF) A4, United States Navy (USN) N4, and the United States

Marine Corps (USMC) (LPD).

b. As necessary, members may also include the Joint Staff (JS) J4, Combatant Commands, United States Coast Guard (USCG), Defense Logistics Agency (DLA), Defense Contract

Management Agency (DCMA), Defense Travel Management Office (DTMO), General

Services Administration (GSA), Department of Homeland Security’s Customs and Border

Protection (CBP) and Transportation Security Administration (TSA), U.S. Department of

Agriculture’s Animal and Plant Health Inspection Service (USDA APHIS), and other

Defense/Federal agencies as needed.

D. INDIVIDUAL MISSIONS, ROLES, AND RESPONSIBILITIES

For individual missions, roles, and responsibilities refer to https://www.ustranscom.mil/dtr/individual_missions_roles_and_responsibilities.pdf.

E. REGULATORY BODY PROCEEDINGS

1. USTRANSCOM will review respective dockets and notices issued by regulatory bodies affecting transportation between points within the United States and its territories to determine DoD interest and required action. DoD personnel will not participate in, or supply information to, a transportation regulatory body without prior approval of USTRANSCOM, the TCC, or the theater

CDR, unless subpoenaed to testify. When DoD personnel are required by subpoena to testify in proceedings before a transportation regulatory agency, prompt notice will be sent to

USTRANSCOM IAW DODI 4500.17. Additionally, DoD personnel will notify their component

Headquarters (HQs).

2. Requests for information will be acted upon IAW DoD Component publications.

F. DEFENSE CONTRACT MANAGEMENT AGENCY (DCMA)-ADMINISTERED

CONTRACTS

1. IAW the Federal Acquisition Regulation (FAR), contract management may be delegated to

DCMA for full management or for transportation support only. The management office TO will provide traffic management functions IAW contract terms and DCMA policy available at http://guidebook.dcma.mil/ and select Transportation and Traffic Management.

2. DCMA TOs may delegate a traffic management authority to qualified contractors by written agreement IAW the DCMA instruction/guidebook.

G. ACTIVITY CHANGE OF STATUS OR MISSION

The TO or other DoD Component authority, projecting any change of status or mission of a Service-owned or -sponsored activity that will result in significant change to transportation requirements, will https://www.ustranscom.mil/dtr/individual_missions_roles_and_responsibilities.pdf http://guidebook.dcma.mil/

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request planning information on transportation rates, costs, and other transportation management data from the Military Surface Deployment and Distribution Command (SDDC) Operations, Attn:

AMSSD-OPS-O, Military Surface Deployment and Distribution Command, 1 Soldier Way, Building

1900 West, Scott Air Force Base (AFB), IL 62225, or the theater CDR. When the final decision is made regarding the activity’s change of status or mission, the TO or DoD Component authority will notify SDDC Operations or the theater CDR as far in advance as possible to enable negotiations with commercial carriers for transportation rates and services.

H. COMMERCIAL CARRIER INQUIRIES

1. Information furnished to carriers in response to inquiries concerning cargo shipments that have taken place will be confined to facts on their respective traffic routing, except as restricted by security regulations.

2. Freedom of Information Act (FOIA) inquiries pertaining to transportation issues will be coordinated with the cognizant FOIA office.

3. Carriers must file their rates and services electronically on a MT Form 364-R, Department of

Defense Standard Tender of Freight Services, available on the SDDC website at http://www.sddc.army.mil/GCD/ by selecting Tender Publications. If unable to access this site electronically, the carrier should contact the SDDC Customer Service Branch at commercial

(618) 220-6928 or DSN 770-6928 for instructions for filing manual forms.

I. TRAFFIC MANAGEMENT UNDER EMERGENCY CONDITIONS

1. Emergency traffic management procedures in the Continental United States (CONUS) will be implemented upon the proclamation of a state of national emergency by the President of the

United States and by a concurrent resolution of Congress.

2. SDDC will maintain and provide an Emergency Traffic Management Plan (ETMP) to support the

National Plan for Emergency Preparedness, the Joint Strategic Capabilities Plan, unilateral plans of the DoD Components, and DoD guidance and directives. The ETMP provides guidance to

DoD Components for traffic management functions and operations under emergency conditions.

Distribution of the ETMP will be made to the DoD Component HQ.

3. Activity CDRs will direct TOs to implement emergency procedures according to restrictions imposed on commercial transportation by governmental control agencies. TOs will implement procedures in this regulation to the extent warranted by emergency conditions.

J. PUBLIC HIGHWAY REQUIREMENTS

Through the Highways for National Defense Program (HND), the SDDC Transportation Engineering

Agency (TEA) is responsible for assisting the Services and installations with resolving public highway needs. For additional guidance, refer to Army Regulation (AR) 55-80/Office of the Chief of

Naval Operations Instruction (OPNAVINST) 11210.2/Air Force Manual (AFMAN) 32-1017/Marine

Corps Order (MCO) 11210.2D/Defense Logistics Agency Regulation (DLAR) 4500.19, DoD

Transportation Engineering Program or contact SDDC TEA at DSN 770-5118 or commercial (618)

220-5118 or (800) 722-0727.

K. DISRUPTION TO TRANSPORTATION SYSTEMS

1. The President, the Secretary of Defense (SecDef), the CCDR of USTRANSCOM, a

USTRANSCOM TCC CDR, a CCDR, or others can provide guidance or direction as to the routing of traffic or management of DoD movements in response to special situations where there is disruption in or impediments to normal transportation services.

http://www.sddc.army.mil/GCD/

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2. Special situations include, but are not limited to, national/regional/local emergencies, disasters, traffic congestion, strikes, embargos, and operational conditions.

3. Any guidance or direction provided is subject to any legally imposed limitation such as statutory, regulatory, or contractual requirements.

4. When there is a disruption to the transportation system, USTRANSCOM (upon notification by a

USTRANSCOM TCC or other activity), a USTRANSCOM TCC, or a CCDR will disseminate, to the affected TOs, the following information:

a. The reason for the special situation

b. The name of the activity affected

c. The mode and carrier involved

d. The type of traffic limited

e. The exception, if any, to the limitation on transportation

f. An alternative means available to move the cargo to lessen the disruption to DoD movements.

5. When a DoD activity experiences or anticipates a disruption in the transportation system that may adversely influence its ability to ship or receive DoD shipments, the TO (including DCMA TOs) will immediately notify a USTRANSCOM TCC or the theater CDR. The TO will provide a

USTRANSCOM TCC or the theater CDR with all the information and seek its assistance in determining alternative routes or modes and any legal actions needed to overcome or reduce the disruption in DoD transportation.

6. If the TO requests, then a USTRANSCOM TCC or the theater CDR will assist the TO in acquiring the authorization or legal action needed to overcome or lessen the disruption to DoD transportation requirements.

L. RAIL ABANDONMENT ASSISTANCE

Through the Railroads for National Defense Program, SDDC TEA is responsible for assisting the

Services and installations with resolving commercial rail line abandonment. A number of options have been developed to ensure continued essential rail service to DoD installations. TOs will contact the SDDC TEA at DSN 770-5118 or commercial (618) 220-5118 or (800) 722-0727.

M. TRANSPORTATION PROCUREMENT POLICY–APPLIES TO BOTH FAR AND NON-

FAR PROCUREMENTS OF TRANSPORTATION OR RELATED SERVICES

1. The acquisition of transportation and transportation-related services must fulfill the customer’s intermodal movement requirements from origin to destination.

2. The acquisition process will involve the customer and carriers early in and throughout the acquisition process.

3. When it is beneficial to the DoD, then the DoD may join with other Federal Government

Agencies to use transportation services’ procurement instruments negotiated by those Agencies.

In addition, other federal Agencies may use DoD procurement instruments.

4. Traffic managers and shipping activities will seek full and open competition to the maximum extent possible from qualified carriers. DoD traffic managers and shipping activities must not exclude any transportation mode in awarding traffic- or transportation-related service bookings, except if the SDDC Director of Operations or designated official makes a written determination that awarding the traffic to a particular mode is necessary for military readiness to ensure the

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necessary transportation infrastructure availability for mobilization or for national security; then the exclusion of other modes for a particular transportation requirement(s) is authorized.

5. DoD activities will use best commercial practices and streamline “best-value” acquisition processes and include performance-based specifications when acquiring transportation services

(as defined under Best Value in the Table of Contents).

6. The acquisition of transportation and related services will incorporate efficient documentation, billing, and payment processes and, to the maximum extent possible, will require the use of

Electronic Commerce (EC)/EDI for solicitations, movement documents, financial transactions and payment through Electronic Funds Transfer (EFT).

7. For the transportation payments (covered in 31 United States Code [U.S.C.] § 3726, Payment for

Transportation; 40 U.S.C. § 121, Administrative; 41 Code of Federal Regulations (CFR) 102-118, Transportation Payment and Audit; and Management Reform Memorandum [MRM] #15, Reengineering Defense Transportation Documentation and Financial Processes) of CONUS freight shipments, DoD uses the Third Party Payment System (TPPS) as the electronic payment method. Generally, DoD contracts will require the use of TPPS or will specify that TPPS is a prerequisite to carriers’ performance. TO and contracting officers will only offer DoD cargo movements to commercial carriers offering TPPS as their billing and payment system.

8. Acquisitions for transportation or related services will require carriers to furnish in-transit visibility (ITV) data to, or accessibility by, the DoD AIS.

9. Air and ocean carriers with direct contracts with DoD must commit to support DoD contingency requirements through participation in the Civil Reserve Air Fleet (CRAF) and the Voluntary

Intermodal Sealift Agreement (VISA) programs as a condition for receiving DoD business.

10. Contracts with Third Party Logistics (3PL) providers for logistic support and base operations functions during wars, contingencies, disasters, and humanitarian assistance, when the infrastructure to move material may be constrained, will include a requirement that the 3PL providers integrate their transportation operations with the deployment process.

11. To the maximum extent possible, procurement instruments with carriers will allow their use by

DoD contractors, vendors, and 3PL providers moving DoD freight.

12. The DoD uses a number of different procurement instruments to purchase transportation and related services. These instruments include FAR contracts, bills of lading (BLs), government transportation requests, and similar transportation forms (see 40 U.S.C. Chapter 5 § 501–505, Procurement and Warehousing; 49 U.S.C. § 10721, 13712, and 15504, Government Traffic; and

48 CFR 47, Transportation, and 242, Contract Administration and Audit Services). The decision as to the procurement instrument will be based on the needs of the customers, the duration of the requirement, the value of the transportation services provided, and the cost of implementing the procurement process relative to the cost of the services acquired.

13. The following are the responsibilities of the different organizations:

a. USTRANSCOM is primarily responsible for acquiring common-user transportation and related services to meet DoD transportation requirements in excess of DoD organic capability.

b. The USTRANSCOM/Deployment Distribution Operations Center (DDOC), SDDC, and theater CDRs will provide a transportation rate-quoting service. Rates are available in the

Global Freight Management (GFM) system. TOs can request tenders on file or estimated rates from transportation service providers when no tenders are on file. TOs may need the rates for budgetary purpose or other reasons.

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c. TCCs or theater CDRs will negotiate with commercial carriers to establish or modify rates, charges, rules, and accessorial services. Negotiations will include DoD and Foreign Military

Sales (FMS) volume movements and may include other federal Agencies and DoD contractor requirements to the maximum extent allowable.

d. TOs will route traffic IAW the requirements of this regulation.

(1) The reporting of volume movements permits SDDC transportation personnel to determine the reasonableness of current rates and to negotiate adjusted or modified rates.

The TO will submit Volume Movement Requests (VMRs) or other requesting documentation that includes all the information necessary to accurately describe the requirement and to fairly compete the requirement to SDDC when one of the following occurs:

(a) Estimated shipments from one origin point to a single destination will total (in

1 year) 25 carloads (CLs), 25 truckloads (TLs), or 500,000 pounds (lbs) or more

(see Chapter 202, Paragraph B.2.k)

(b) The current routing in effect is insufficient

(c) Transportation factors indicate a better rate and/or service is obtainable

(d) The shipment is a unique requirement that cannot be supported by GFM.

(2) When there is a FAR procurement of supplies or movement of freight involving transportation or transportation services, the TO will support the procurement by providing the contracting officer with the transportation factors required for solicitation, award, contract administration, and any other required support (see 48 CFR 47.301-1, Responsibilities of Contracting Officers).

(3) The TOs will provide timely carrier performance information to SDDC.

(4) The TOs will perform prepayment audits of all carriers’ invoices/electronic bills (eBills) before authorizing payment under TPPS.

N. PROCUREMENT

1. Carrier Qualifications. Only SDDC-qualified carriers are authorized to transport DoD surface cargo. The Air Mobility Command (AMC) is responsible for determining civil air carrier eligibility and the suitability of airlift carriers. TOs must use only qualified carriers and will check with SDDC or AMC when questions arise concerning a carrier’s status.

2. All DoD contracts must include, as a minimum, the following transportation instructions:

a. All shipments must comply with ITV requirements by providing movement data to Integrated

Data Environment (IDE) Global Transportation Network (GTN) Convergence (IGC) via EDI using American National Standards Institute (ANSI) X12 codes, which can be located on the

SDDC website at http://www.sddc.army.mil/GCD/ by selecting Current Publications then

Domestic, then Military Freight Traffic Unified Rules Publication-1 (MFTURP_1) and then

Appendix C.

b. All shipments will comply with DoD AIT standard marks as identified in this regulation and

MIL-STD-129, Department of Defense Standard Practice, Military Marking for Shipment and Storage (MIL-STD-129), which is located at http://quicksearch.dla.mil/. Shipments must be marked with a Military Shipping Label (MSL) containing bar code symbols as identified in Chapter 208.

http://quicksearch.dla.mil/

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c. All planeload/shipload movements going to an Outside CONUS (OCONUS) destination

(prior to movement) must be cleared through the USTRANSCOM DDOC by calling commercial (618) 229-1698 or DSN 779-1698.

d. All export OCONUS shipments entering the DTS must be precleared using an Advanced

Transportation Control and Movement Document(s) (ATCMDs) through the sponsoring shipper service Airlift Clearance Authority (ACA) or Ocean Cargo Clearance Authority

(OCCA). If there are any questions concerning the clearance requirements, contact the

USTRANSCOM DDOC at commercial (618) 229-1698 or DSN 779-1698.

3. FAR transportation procurement.

a. A warranted contracting officer can procure transportation and related services using a FAR instrument tailored to the customer’s needs. These contracts create enforceable contractual obligations between the carrier and the DoD activity. This affords shippers long-term transportation stability and allows the providing of services not available under tenders, tariffs, and BLs. A FAR contract is suitable for any DoD traffic, regardless of commodity or transportation requirement. FAR contracts are best where there is a requirement for recurring traffic for a long period, a large volume, or an oversized movement. Consider any requirements or shipper requests for a FAR contract if a long-term contract relationship will result in any of the following:

(1) Reduced transportation and administrative costs/work load for the Government

(2) Stabilized transportation rates for the term of the contract

(3) Reduced transit times

(4) The shipper requiring unique transportation services

(5) Improved supply support responsiveness

(6) Improved transportation service provider on-time pickup and delivery

(7) Time permits.

O. TRANSPORTATION PROCUREMENT SUPPORT

1. FAR Contracting Support.

a. USTRANSCOM provides advice and procurement services for FAR procurements. If a shipping activity desires a FAR transportation contract, then it can request that

USTRANSCOM establish a contract. USTRANSCOM will work with the shipping activity to establish the type of contract to support the activity’s needs. The shipper will provide a request and the following information to SDDC Operations Business Support Division to process a FAR contract:

(1) Performance Work Statement. A statement of the transportation requirement in sufficient detail to enable a transportation service provider to make an informed and responsive offer and allow fair and adequate competition.

(2) Any relevant procurement history concerning this requirement.

(3) A list that identifies the items or services being acquired as separately identified line items. This is known as a Schedule B under the Uniform Contract Format. (See 48 CFR

15.204, Contract Format.)

(4) Independent Government Cost Estimate. The average rates, based on historical data, used in the development of rates for proposed tasks.

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(5) Quality Assurance Surveillance Plan. The performance method used to determine whether the contractor is effectively and efficiently complying with all the terms and conditions of the contract.

(6) Market Survey. Any attempt by the shipper to ascertain whether there are carriers capable of satisfying the requirement for transportation or related services.

(7) The possible Contracting Officer’s Representative (COR) (SDDC may act as the COR).

Duties and responsibilities will be IAW the FAR.

(8) Proposal evaluations and advice on the selection process.

b. Protests and Disputes are governed by 48 CFR 33, Protests, Disputes, and Appeals.

2. Rate Quotes – Tenders (Non-FAR Procurements Under 40 U.S.C. 481 Et Seq). Tenders are not contracts. They are a carrier’s offer to provide services at the quoted rate. The contract is created after the TO offers the movement and the carrier accepts the movement under a BL. These are generally best suited for simple procurements where best value is deemed the low-cost, responsive carrier. It is not suitable when a shipper needs a cost/price technical tradeoff analysis to determine the best value carrier.

a. TCCs or theater CDRs will solicit rate quotes (tenders) from commercial carriers and distribute these rates to DoD shipping activities. The TCCs or CDRs can negotiate special tender rates for shippers. Several tender-of-service instruments are available.

b. The SDDC Voluntary Tenders System. This is an electronic system where SDDC-qualified carriers can submit rates for transportation or related services into SDDC’s database system that allows the TO to access rates and route traffic movements without submitting special requirement documents. Currently, this system is the GFM.

3. SDDC Negotiated Special. These are tenders for particular shipments, routes, or requirements for which SDDC specifically solicited the rates.

a. Types:

(1) Short-Term (spot or one-time-only bid). A special tender with rates for a volume of traffic moving on a single BL. There are two types of bids: traditional and electronic.

TOs will submit a VMR when a condition listed in Paragraph M.13.d. exists. In addition, the TO will submit any evaluation factors the TO will consider in the selection determination.

(2) The TO will furnish the VMR as soon as possible before the movement start date to

SDDC Operations or theater CDR for negotiations with carriers. Submit VMRs using automated or DD Form 1085, Domestic Freight Routing Request and Order, Figure

201-1, format and annotate the remarks section with “This is a VMR and request for route order.” VMRs may be submitted any time before the movement start date, but the desirable negotiation lead time is more than 30 days for rail and more than 10 days for other modes. The transportation will occur during an 89-day period. The carrier offers these rates for not less than 89 days.

(a) SDDC and the theater CDR will provide VMR originators with a written response to each request, including any cost avoidance through successful negotiation.

(b) SDDC will rate tenders according to the evaluation factors provided.

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b. Short-Term Types:

(1) Traditional Spot Bid (one-time-only or direct negotiation).

(a) The TO submits a written VMR. A TO may conduct verbal negotiation in an emergency; however; the TO must submit a written request as soon as possible.

(b) Based on the request, SDDC solicits quotes from qualified carriers that perform the requested service. Once all quotes (bids) are received, SDDC reviews the bids and provides the TO with a list of responsive bids and a recommendation as to the best value carrier based on the solicitation requirements and evaluation factors.

(c) The TO reviews the bids submitted and the SDDC recommendation. The TO makes a price reasonableness and best value determination and then awards the traffic. The TO does not have to accept the SDDC’s recommended carrier. If the

TO selects another carrier than the SDDC-recommend carrier, the TO must notify

SDDC as soon as possible.

(d) If the TO selects a carrier other than the low-cost carrier, the TO must document the rationale for the decision in writing and provide a copy to SDDC.

(2) Electronic Spot Bid (spot bid on the Web). This integrated electronic rate-quoting process allows a TO to post a shipment electronically on the SDDC website. DoD-qualified carriers can submit rates in response to the posted requirement. The TO selects the best value carriers offer and awards the traffic electronically.

(a) A spot bid on the Web is suitable for all types of freight movements, to include over-dimensional, overweight shipments and less-load shipments. The system supports shipments where no existing tender is on file, repetitive shipments, and

VMRs.

(b) All submitted bids reflect an all-inclusive expense representing line-haul, accessorial, and protective services plus any additional charges.

(c) TOs will compare the rates provided by the carriers with the rates on file with GFM and make a price reasonableness and best value determination.

(d) If the TO does not select the low-cost carrier, the TO must document the reasons for the nonselection of the low-cost carrier and provide a copy to SDDC.

(e) The TO must comply with the SDDC Spot Bid Business Rules.

(f) The TO will award the traffic by issuing a BL.

(g) For spot bid rules, go to MFTURP-1, which can be located on the SDDC website at http://www.sddc.army.mil/GCD/ by selecting Current Documents, then Domestic, then MFTURP-1 and entering Spot Bid.

c. Long-Term Types. Special tenders are also known as Standing Route Order (SRO). A SRO is a request for tender with rates that remain in effect for a specific time period for a particular route or shipment(s). Usually, a SRO involves a volume of traffic that moves in separate shipments over a period greater than 89 days but not to exceed 365 days.

(1) The TO submits a VMR and any other relevant information concerning the transportation and related services to SDDC. It is critical that the TO and SDDC work together to obtain the best rates and service.

(2) After SDDC receives the request and all the necessary requirement information, it solicits all the qualified carriers that provide the required service to submit quotes.

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(3) Once bids are received, SDDC reviews and determines which are responsive and provides a list that ranks the responsive bids based on the best value evaluation to the

TO.

(4) The TO will compare rates provided by the carriers with rates on file with GFM and make a price reasonableness and best value determination.

(5) The TO selects a primary carrier and alternative carriers to offer future shipments based on their SRO quotes.

(6) If the TO does not select the low-cost carrier as the primary carrier or the next low-cost carrier as the alternate, then the TO must document the reasons for the nonselection of the low-cost carriers and provide a copy of the reasons to SDDC.

(7) The TO awards the traffic and creates the contract by issuing a BL.

4. Protests. The Government Accountability Office generally does not consider protests of transportation procurements using tender rates. To ensure the fairness of the tender procurement process, SDDC will investigate and attempt to resolve any valid issues. Carriers must send preaward protests to SDDC or the TO who made the award before the awarded carrier begins to provide any transportation or related services for the shipment. The TO will issue a post-award protest decision. Untimely filing by a carrier will result in the denial of the protest.

5. Payment Disputes (31 U.S.C. § 3726, 40 U.S.C. § 121, and 41 CFR 102-118). The TO and/or

SDDC will attempt to resolve all transportation disputes. If the TO or SDDC cannot resolve the dispute, the TO or SDDC can forward all the relevant documents to the General Services

Administration, Federal Supply Service, Audit Division (FBA), 1800 F Street NW, Washington, DC 20405, for a determination IAW 41 CFR 102-118.315, What Must my Agency do if the TSP

Disputes the Findings and my Agency Cannot Resolve The Dispute.

P. GOVERNMENT/MILITARY-OWNED OR UNIQUE ASSETS

The DoD will maintain and operate in peacetime only those owned or controlled transportation resources, including assets leased or chartered for periods greater than 90 days, needed to meet approved DoD emergency and wartime requirements that cannot be met readily from commercial transportation sources. (For OCONUS, the requirement for the non-availability of commercial transportation may not apply.) The DoD will use these transportation resources during peacetime as efficiently as possible to provide essential training for operational personnel and to meet logistics needs consistent with fostering the development of militarily useful commercial capabilities. The

DoD will use commercial carriers for requirements in excess of the DoD’s capability. DoD-owned or controlled transportation resources will be used for official purposes only.

Q. TRANSPORTATION FACILITIES GUIDE (TFG)

1. CONUS and OCONUS freight TOs are required to update their TFG records as follows:

a. On a semi-annual basis (1 March and 1 September) for secure holding areas

b. On an annual basis for installations not participating in the secure holding area program

c. Immediately whenever critical operational changes are made, such as:

(1) Changes in operating hours

(2) Installations closures (e.g., holiday closure or inventory closure).

2. SDDC Operations will update secure holding area information on an as-needed basis when the information is not current.

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3. Proposed revisions that would modify the terms of delivery, delay receipt, or increase transportation costs must be approved at the major command level and coordinated with shipper

Service HQs prior to initiating any online changes.

4. The TFG website at https://eta.sddc.army.mil/ETASSOPortal/ provides an online tutorial. The tutorial provides users with step-by-step procedures to use the TFG application system to update records.

5. TOs are required to provide SDDC (AMSSD-OPS-O) with a notice 90 days in advance of ceasing their transportation operations to ensure TFG entries, Bill of Lading Office Codes (BLOCs), and commercial industry products supporting the DoD are updated or deactivated accordingly.

R. SWITCHING OR CUSTOMER SIDETRACK AGREEMENTS

Switching or customer sidetrack agreements are operational agreements that define the rights and obligations of carriers and their customers in the performance of transportation over the trackage owned by the customer. They are normally matters that are the subject of tariff provisions and are in the realm of general law. When it is determined that a formal agreement is in the best interest of the

Government, a formal switching or customer sidetrack agreement will be established with the railroad.

1. Following are the definitions of the two types of agreements:

a. A switching or customer sidetrack agreement is a written agreement stating the terms under which the connecting railroad will operate over a customer’s trackage. It is written to suit the circumstances of a particular location and is normally accompanied by a diagram illustrating the location of the trackage referred to in the agreement and delineating the boundaries of ownership and operation and the locations where inbound cars will be delivered and outbound cars will be picked up. Switching or customer sidetrack agreements, between a railroad and its customer, should not be confused with trackage rights agreements, which are between two railroads.

b. A trackage rights agreement is a written agreement between railroad carriers allowing one railroad to operate over a section of trackage owned by another railroad. The railroad having trackage rights may or may not have the right granted to it in the agreement to serve customers located along the trackage over which it has rights. Trackage rights agreements, between two railroads should not be confused with switching or customer sidetrack agreements, which are between a railroad and a customer.

2. DoD military installations, SDDC, the Army Corps of Engineers, and the Naval Facilities

Engineering Command (NAVFAC) HQ’s NAVFAC Engineering field Divisions and Engineering

Field Activities (Real Estate Divisions) are directly involved in military installations requiring rail service. Military installations may be required to enter into a switching or customer sidetrack agreement or to amend an existing agreement with the servicing railroad(s) because of some of the following changes: ownership and maintenance, reductions or enlargements, operation, liability, right of entry, clearances, terms of agreement, termination, ordering of services, rate schedule, or tariff changes.

3. The following are the responsibilities of the different organizations:

a. The TO will conduct initial negotiations with carriers for switching or customer sidetrack agreements. In preparing an agreement, the TOs will ensure the provisions do not involve items requiring a FAR procurement contract. The TO will request assistance through the shipper Service HQ at SDDC Operations, ATTN: AMSSD-OP, 1 Soldier Way, Building

1900 West, Scott AFB, IL 62225-5006, when differences with carriers cannot be satisfactorily resolved. The TO will forward new or revised agreements, prior to execution, https://eta.sddc.army.mil/ETASSOPortal/

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through the shipper Service HQ to SDDC Operations (same address as above) for review and approval.

b. SDDC will provide advisory and negotiation support to the TO in establishing or renegotiating a switching or customer sidetrack trackage agreement.

c. SDDC will review the agreement and concur with it before the finalization of any agreement.

S. CONTRACTING SUPPORT POLICY FOR TRANSPORTATION ACTIVITIES

1. This paragraph establishes an interface between transportation and contracting and stipulates policies and procedures related to the transportation support of contracting for the movement of

Government materiel from contractor and vendor plants to overseas destinations.

2. The FAR directs procuring contracting officers to obtain traffic management advice and assistance prior to contract award. It is essential that a liaison be established between the two activities to produce the best possible contractual instrument, clearly defining the responsibilities of the contractor and the Government.

3. The acquisition process will involve the customer and transportation service providers early in and throughout the transportation acquisition process. The involvement of transportation providers will be accomplished in a fair and equitable manner; care will be taken not to favor some firms in an industry over others.

4. It is the DoD policy to procure transportation and related services using streamlined “best value” acquisition processes. See definition of “Best Value.”

5. All DoD contracts must include, as a minimum, the following transportation instructions:

a. All shipments moving within the DTS must comply with the DTR.

b. All shipments must comply with ITV requirements by providing movement data to IGC via

EDI using ANSI X12 codes IAW DoD timeliness criteria or best business reporting procedures.

6. All shipments will comply with DoD AIT standard marks as identified in this regulation and

MIL-STD-129. Shipments must be marked with an MSL containing bar code symbols as identified in Chapter 208.

7. All planeload/shipload movements going to an OCONUS destination (prior to movement) must be cleared through the USTRANSCOM DDOC by calling commercial (618) 229-1698 or DSN

779-1698.

8. All export OCONUS shipments entering the DTS, except for materiel moving directly to the customer by commercial carrier, must be precleared using an ATCMD(s) through the sponsoring shipper Service clearance authority. If in doubt concerning clearance requirements, contact the

USTRANSCOM DDOC at commercial (618) 229-1698, DSN 779-1698, or toll free 866 622-

2875.

T. TRANSPORTATION RECORDS MANAGEMENT

Each Service/Agency has specific regulations for guidance on transportation records retention time periods (e.g., Air Force Instruction (AFI) 33-322, Records Management Program governs Air Force

Records and DLA disposition of records is governed by 36 CFR § 1222.30, Agency Records

Management Program Responsibilities; DoD regulations; and the National Archives and Records

Administration). See Services/Agency-specific regulations for guidance on records retention time periods.

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U. DLA DISPOSITION SERVICES - ARRANGED TRANSPORTATION

IAW guidance at DoD 4160.21-M, Defense Materiel Disposition Manual, Chapter 5, Paragraph E. 1.

a (http://www.dtic.mil/whs/directives/corres/pub1.html), DoD activities must make every effort to arrange for the pickup of property from DLA Disposition Services, with the shipment minimized to prevent excessive packing, crating, handling, and transportation costs. Where shipping costs exceed the value of the property, DLA Disposition Services may inquire as to the validity of the requisition and require the DoD receiver to certify that the property shipment is “mission-essential.”

V. PREVENTING DOD SHIPMENTS TO RESTRICTED COUNTRIES

DoD shipments must be consigned and routed only to destinations that are authorized to receive such shipments. To avoid the misrouting of Government shipments, the TO must ensure procedures are in place requiring the next level of supervision review and approve the release of shipments to restricted countries. TOs are to use the Department of State Embargoed Countries List at http://www.pmddtc.state.gov/embargoed_countries as their reference for identifying restricted countries. Iraq and Afghanistan are exempt from the requirement for approval at the supervisory level.

http://www.dtic.mil/whs/directives/corres/pub1.html http://www.pmddtc.state.gov/embargoed_countries

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Figure 201-1. DD Form 1085, Domestic Freight Routing Request and Order

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Figure 201-1. DD Form 1085, Domestic Freight Routing Request and Order (Cont’d)