USC-6_Amendment 09 w_changed sections.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to add the follow ing:

The follow ing sections of the USC-6 Solicitation have been revised as follow s:

1. Exhibit 2, Ordering Procedures: Section 2.2.d(3) has been removed

2. PWS Section 3.H (Accessorials) has been revised to add the follow ing:

3.H.10 Side-Load Chassis.

3.H.11 Convoy Security

3. Side-Load chassis Accessorial has been added to CARE for rates

4. Rail carload service has been added to CARE (BB linehaul options)

5. Attachment 9, Paragraph 5 has been revised to correct inaccurate language

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 07-Nov-2008

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HTC711-08-R-0011

X 9B. DATED (SEE ITEM 11)

08-Aug-2008

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

07-Nov-2008

CODE

USTRANSCOM COMMAND ACQUISITION

508 SCOTT DR

SCOTT AFB IL 62265-5357

HTC711 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HTC711-08-R-0011

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

LIST OF CHANGES AMEND 09

The following sections of the USC-6 Solicitation have been revised as follows:

1. Exhibit 2, Ordering Procedures: Section 2.2.d(3) has been removed since an “Approved PV Agreement is already evaluated pass/fail in Section 2.2.a(4).

2. PWS Section 3.H (Accessorials) has been revised to add the following:

3.H.10 Side-Load Chassis. When ordered by the ordering officer, Contractor will provide a side-load chassis. The Contractor will be paid the Slide-Load Chassis rate in accordance with the Schedule of Rates, Table 6 in Care II. (Europe only)

3.H.11 Convoy Security. When ordered by the ordering officer, Contractor will provide private convoy security for cargo moving in Iraq. Contractor must use a trucking company registered with the Logistics Movement Coordination Center (LMCC), meet all Multi-National Forces Iraq (MNF-I) requirements and have vetted access to include badging of personnel and drivers, when applicable. The Contractor will be paid the Convoy Security rate in accordance with the Schedule of Rates, Table 6 in Care II.

3. Side-Load chassis Accessorial has been added to CARE for rates

4. Rail carload service has been added to CARE (BB linehaul options)

5. Attachment 9, Paragraph 5 has been revised to correct inaccurate language:

“The Prime Vendor and the Accepting USC Carrier acknowledge that the terms of their contracts with the U.S. Government (DLA and USTRANSCOM respectively) generally preclude liability of the Government for the following: Prime Vendor claims against a USC Contractor for loss/damage to Prime Vendor cargo; USC Contractor claims against a Prime Vendor for loss/damage to USC Contractor equipment; USC Contractor claims against a Prime Vendor for detention of USC Contractor equipment; USC Contractor claims against a Prime Vendor for port storage charges (e.g. while cargo delayed through fault of Prime Vendor or request of Prime Vendor); USC Contractor claims against a Prime Vendor for trucker wait time (e.g. while cargo delayed through fault of Prime Vendor or request of Prime Vendor); USC Contractor claims against a Prime Vendor for reefer maintenance (e.g. while reefer in custody of Prime Vendor, or cargo delayed through fault of Prime Vendor or request of Prime Vendor); and claims between the Prime Vendor and USC Contractor for services not ordered by the Government. “

(End of Summary of Changes)

USC-6, Performance Work Statement

TABLE OF CONTENTS

SECTION 1 – BACKGROUND 4

1.A History 4

1.B Purpose 4

1.C Period of Performance 4 1.C.1 Base Period ______________________________________________________________ 4 1.C.2 Option Periods ____________________________________________________________ 4

SECTION 2 – SCOPE 5

2.A Scope 5 2.A.1 Excepted Cargo and Routes __________________________________________________ 5 2.A.2 Additional Services ________________________________________________________ 5

2.B Aggregate Government Volume Estimates 5

SECTION 3 – GENERAL REQUIREMENTS 6

3.A General/Administrative 6 3.A.1 Use of English Language ____________________________________________________ 6 3.A.2 Hazardous Cargo __________________________________________________________ 6 3.A.3 Quality Control, Reporting, and Records _______________________________________ 6 3.A.4 Invoicing and Payment _____________________________________________________ 7 3.A.5 Responsibility for Charges and Taxes __________________________________________ 7 3.A.6 Space Commitment ________________________________________________________ 7 3.A.7 Schedule Maintenance ______________________________________________________ 8 3.A.8 Permanent Service Changes _________________________________________________ 8 3.A.9 Customer Service Assistance _________________________________________________ 8 3.A.10 Electronic Commerce / Electronic Data Interchange (EDI) _________________________ 8 3.A.11 Vessel Cutoffs, Late Gates, and Expedited Linehaul ______________________________ 10 3.A.12 Required Delivery Date (RDD) ______________________________________________ 10 3.A.13 Less-Than-Container-Load (LCL) Container Services ____________________________ 10 3.A.14 Equipment ______________________________________________________________ 10 3.A.15 Chassis Requirements _____________________________________________________ 11 3.A.16 Equipment Pools (container only) ____________________________________________ 11 3.A.17 U.S. Government Furnished Containers (GFC) __________________________________ 11 3.A.18 Flatrack Containers _______________________________________________________ 11 3.A.19 Bulk Liquids ____________________________________________________________ 12 3.A.20 Manual Operational Reports ________________________________________________ 12 3.A.21 Daily Intransit Visibility (ITV) Reports _______________________________________ 12

3.B Shipment Planning and Booking 13 3.B.1 Shipment Booking and Scheduling ___________________________________________ 13

3.C Origin Services (container only) 14 3.C.1 Providing Empty Containers to Shippers _______________________________________ 14

3.D Ocean Transportation 15 3.D.1 Cargo Lift and Advancement ________________________________________________ 15

3.E Customs Clearance 15 3.E.1 Responsibilities __________________________________________________________ 15

3.F Destination Services 17 3.F.1 Delivery Notification and Receipt ____________________________________________ 17 3.F.2 Expedited Delivery _______________________________________________________ 17 3.F.3 Specified Day Delivery ____________________________________________________ 18

3.G Exceptions to Normal Service 18 3.G.1 Alternate Service _________________________________________________________ 18

TABLE OF CONTENTS

3.G.2 Recurring Service Failure __________________________________________________ 18 3.G.3 Canceled Shipments/No Shows ______________________________________________ 19 3.G.4. Free Time and Detention ___________________________________________________ 19 3.G.5 Rerouting of Containers ____________________________________________________ 22 3.G.6 Staging (container only) ___________________________________________________ 23 3.G.7 Notice of Transfer of Cargo _________________________________________________ 23 3.G.8 Damage to Contractor Equipment ____________________________________________ 24 3.G.9 Theft or Disappearance ____________________________________________________ 24 3.G.10 Port Storage _____________________________________________________________ 24

3.H Accessorials 24 3.H.1 Stopoff Service __________________________________________________________ 24 3.H.2 CONUS Linehaul for Containerized Ammunition Shipments _______________________ 25 3.H.3 Tarping Service __________________________________________________________ 25 3.H.4 Supercargo ______________________________________________________________ 25 3.H.5 Flatrack tie-down equipment surcharge: _______________________________________ 25 3.H.6 Cargo Rinsing Service _____________________________________________________ 26 3.H.7 Railcar Inspection Service __________________________________________________ 26 3.H.8 Reserved _______________________________________________________________ 26 3.H.9 Cargo Handling __________________________________________________________ 26 3.H.10 Side-Load Chassis ________________________________________________________ 26 3.H.11 Convoy Security (Iraq) ____________________________________________________ 27

3.I Breakbulk and RORO Requirements 27 3.I.1 Cargo Lift and Advancement of Cargo ________________________________________ 27 3.I.2 Services During Hazardous Cargo Handling ____________________________________ 27 3.I.3 Cargo Berth _____________________________________________________________ 27 3.I.4 Reimbursement for Damage ________________________________________________ 28 3.I.5 Free-in/Free-out Terms ____________________________________________________ 28 3.I.6 Terms for Loading and Discharging Services ___________________________________ 28 3.I.7 AAFES English Channel Service ____________________________________________ 30

3.J Additional Services 30 3.J.1 Cargo Handling __________________________________________________________ 30 3.J.2 Consolidation and Transfer Services __________________________________________ 30 3.J.3 Services for Special Cargo __________________________________________________ 31

3.K Linehaul for Breakbulk and Out-of-Gauge (OOG) Cargo 31 3.K.1 Flatbed and double drop service _____________________________________________ 31 3.K.2 Carload Service __________________________________________________________ 32

SECTION 4 – SHIPMENTS OF SPECIAL PROGRAM CARGO 34

4.A Shipments by Authorized Agents of the U.S. Government 34 4.A.1 Scope __________________________________________________________________ 34 4.A.2 Booking of Cargo ________________________________________________________ 34 4.A.3 Submission of Status Reports _______________________________________________ 34 4.A.4 Payment ________________________________________________________________ 34 4.A.5 Special provisions for Privately Owned Vehicles (POVs)__________________________ 34

SECTION 5 – MEASURING PERFORMANCE 35

5.A Performance Requirements 35 5.A.1 Performance Measures and Performance Standards ______________________________ 35 5.A.2 Performance Objectives ____________________________________________________ 35

SECTION 6 – OPERATIONS IN EXIGENCY AREAS 37

6. A Declaration of Exigency Area 37

6. B Scope 37

TABLE OF CONTENTS

6.C Equipment Management 37 6.C.1 Free Time _______________________________________________________________ 37 6.C.2 Exigency Area Container Detention __________________________________________ 37 6.C.3 Exigency Area Container Purchases __________________________________________ 38

6.D Security 39 6.D.1 Standard Security _________________________________________________________ 39 6.D.2 Enhanced Security Services _________________________________________________ 39

SECTION 7 – ABBREVIATIONS, DEFINITIONS, ROUTE INDICES 42

7.A Abbreviations/Acronyms 42

7.B Definitions 43

7.C Trade Areas and Zones 48 7.C.1 General Definition of Trade Areas ___________________________________________ 48 7.C.2 Descriptions of Zones _____________________________________________________ 49

7.D Designated Ports with Port Arbitraries 54

SECTION 8 – LIST OF ATTACHMENTS 56

SECTION 1 – BACKGROUND

SECTION 1 – BACKGROUND

1.A History 1.A.1 As a component command of the United States Transportation Command (USTRANSCOM), the Military Surface Deployment and Distribution Command (SDDC) provides ocean terminal, commercial ocean liner and distribution services to deploy, sustain and redeploy U.S. forces on a global basis.

1.A.2 SDDC is responsible for surface transportation (with the exception of ocean charters) and is the interface between Department of Defense (DoD) shippers and the commercial surface transportation industry. This includes movement of DoD member household goods and privately owned vehicles. SDDC also provides transportation for troops and materiel to ports of departure in the U.S. and overseas and manages numerous ports throughout the world.

1.B Purpose

1.B.1 To fulfill its mission of providing global surface deployment command, control and distribution operations to meet National Security objectives in peace and war, it is necessary for SDDC to provide ocean and intermodal distribution services for delivering Defense Transportation System (DTS) cargo anywhere in the world. DTS cargo consists of military equipment and related supplies including supermarket-type commodities shipped by the Defense Commissary Agency, department store merchandise shipped by Army and Air Force Exchange Service, mail shipped by the Military Postal Service, Prime Vendor cargo, General Services Administration (GSA) and personal property including Privately Owned Vehicles (POV) of DoD personnel. DoD is the largest single shipper of cargo by ocean transportation on a worldwide basis. DTS cargo is shipped in substantial, recurring and consistent volumes on many trade routes.

1.C Period of Performance

1.C.1 Base Period The one-year base period of performance for this contract is 1 March 2009 to 28 February 2010.

1.C.2 Option Periods The periods of performance for the option years are 1 March 2010 through 28 February 2011 and 1 March 2011 through 29 February 2012 (Ref: FAR 52.217-9).

SECTION 2 – SCOPE

SECTION 2 – SCOPE

2.A Scope This contract is to provide international cargo transportation and distribution services using ocean common or contract carriers, as defined in the Shipping Act of 1984, offering regularly scheduled commercial liner service for requirements that may arise in any part of the world. Service exempted from the Jones Act is included in the scope of this contract. Contractors shall be capable of providing ocean, intermodal, and related transportation and distribution services to support their offered services as required herein. This contract is primarily for requirements sponsored by the DoD. Other organizations may fill their requirements through this contract only as designated by the Contracting Officer (CO). This contract shall apply to services performed in peacetime and exigency areas as defined herein. This contract is not subject to terms or conditions of Contractors' tariffs except for war risk or as otherwise specified in this contract.

The accepted booking, in conjunction with the terms contained in this contract, constitutes the contract of carriage.

This contract applies to Unit Movement Cargo and Other Than Unit Movement (OTUM) Cargo. Unit Movement Cargo is described by Unit Line Numbers (ULNs) and Plan Identification Numbers (PIDs) in the Joint Operation Planning and Execution System (JOPES) -- whether contingency, exercise or administrative in nature – whether characterized as deployment, redeployment or retrograde cargo.

2.A.1 Excepted Cargo and Routes Excepted cargoes (Breakbulk/RORO and Container) and excepted routes are included in the scope of this contract. Prices for such excepted cargo and excepted routes have not been negotiated at the time of award.

Excepted cargoes and routes shall be competitively ordered using the Ordering Procedure Carrier Selection Fair Opportunity Process in Attachment 2, except Past Performance Evaluation SubFactor for “History of Meeting RDD for the required route” shall not be used if no relevant past performance exists for the specified excepted route. The U.S. Government shall issue a modification to add rates for the movement of excepted type cargo and routes under the changes provision of FAR 52.212-4.

Excepted Cargoes Breakbulk/RORO – Aircraft (unboxed), Helicopters, Boats over 40 ft., Oversized cargo, bulk cargo, heavy lift cargo, and explosives (excluding IMO Class 1.4), except where a specific CLIN has been included for the commodity.

Excepted Cargoes Container – Heavy lift cargo, oversized cargo (with the exception of cargo that meets the definition of over dimensional cargo or super load), explosives (excluding IMO Class 1.4), and all containers other than dry, reefer, ISO tank, open tops and flatrack containers.

Excepted Route – A one-time order for a nonrecurring cargo movement for a route not previously priced or negotiated at time of award.

2.A.2 Additional Services The U.S. Government reserves the right to contract for additional services within the scope of the contract by modification or separate contract, as requirements become known.

2.B Aggregate Government Volume Estimates The estimated cargo volume (the aggregate volume across all awarded contracts) is identified in the Carrier Analysis and Rate Evaluation (CARE II) system.

SECTION 3 – GENERAL REQUIREMENTS

SECTION 3 – GENERAL REQUIREMENTS

3.A General/Administrative

3.A.1 Use of English Language All documentation and verbal notices shall be provided in the English language. If required by local law or regulation, additional language(s) may be used.

3.A.2 Hazardous Cargo

3.A.2.1 Limitations of Contractor’s Obligation

3.A.2.1.1 The U.S. Government shall provide accurate and timely hazardous cargo documentation in accordance with applicable laws and regulations.

3.A.2.1.2 The Contractor may refuse to transport hazardous cargo either by land or by ocean, which does not conform in all respects to applicable laws and regulations.

3.A.2.1.3 The Contractor shall identify to the Contracting Officer any cargo precluded from carriage due to Contractor policy prior to contract award and further advise the Contracting Officer of any changes to such policy thereafter. The Contractor shall accept for ocean carriage all commodities listed in Attachment 1 not otherwise identified in this section when the commodity is packaged, labeled, and documented in compliance with applicable laws and regulations.

3.A.2.1.4 Tremcards The Contractor shall produce "tremcards" for hazardous cargo transiting through countries where this requirement exists.

3.A.3 Quality Control, Reporting, and Records

3.A.3.1 Quality Control

3.A.3.1.1 The Contractor shall utilize its commercial quality control processes/plan (QCP) to ensure quality service is provided throughout the term of the contract.

3.A.3.1.2 The Contractor shall immediately notify the appropriate Contracting Officer Representative (COR) of any problems or failures that may affect performance. The Contractor shall provide the COR with a written plan of corrective action, including a proposed timeline, within 10 business days after the COR is notified of the situation. This plan shall describe proposed Contractor actions to correct the problem or deficiency and bring performance back in compliance with identified performance standards.

3.A.3.1.3 The CORs shall monitor Contractor performance and compliance with the terms and the conditions of the contract using standard techniques such as inspections, U.S. Government-generated management reports, Contractor reports and customer feedback. The Contractor shall attend periodic meetings called by the COR or the Contracting Officer to discuss operations and problem areas.

3.A.3.1.4 Quality Council Meetings The Contractor shall participate in Quality Council Meetings as requested by the Contracting Officer to review performance and discuss operational issues. Meetings shall be held as directed by the Contracting Officer, but will not exceed two per year.

3.A.3.1.5 Performance Reporting

SECTION 3 – GENERAL REQUIREMENTS

When the Contracting Officer determines, in his/her sole discretion, that Contractor performance under any Performance Objective cannot be accurately measured, the Contracting Officer may direct the contractor to provide additional reports that satisfactorily quantify Contractor performance under those Objectives. The Contracting Officer may establish the format and frequency of such reports.

3.A.3.1.6 Retention of Records The Contractor shall maintain and, upon request, provide to the Contracting Officer such documentation deemed relevant to performance of transportation services ordered under the terms of this contract.

Records will be maintained and available to the Contracting Officer throughout the term of the contract and for three years after final payment IAW FAR 4.7 -- Contractor Records Retention.

3.A.4 Invoicing and Payment Contractor shall prepare and submit invoices or proper documentation for payment of shipments in accordance with the procedures in Attachment 6.

3.A.4.1 Where the Electronic Invoice Presentation and Payment (EIPP) program has been implemented by the effective date of the contract, the Contractor shall comply with the payment procedures for this program. Contractors shall be provided 30 days' advance notice of implementation of EIPP for shipments not covered by the program by the effective date of the contract. U.S. Bank’s PowerTrack is the system used for this contract. Attachment 6 contains instructions and procedures on PowerTrack.

3.A.5 Responsibility for Charges and Taxes

3.A.5.1 The Contractor shall pay all dues, charges and taxes customarily levied on the vessel, however the amount thereof may be levied. The Contractor shall pay all taxes levied on the freight charges. The U.S.

Government shall pay all dues, charges, duties, and taxes customarily levied on the cargo, however the amount thereof may be assessed.

3.A.6 Space Commitment

3.A.6.1 A “container” contractor must make available 10% of vessel capacity for the booking of Government cargo on each U.S. flag vessel sailing from CONUS on the designated routes listed below:

Outbound Routes/Zones

01 West Coast/Far East

05/11 East & Gulf Coasts/Europe & UK

6A/12A East & Gulf Coast/West Med

3.A.6.2 A “breakbulk/RORO” contractor must make available 10% of vessel capacity for the booking of Government cargo on each U.S. flag vessel sailing from CONUS on the designated routes listed below:

Outbound Routes/Zones

01 West Coast/Far East

05/11 East & Gulf Coasts/Europe & UK

6A/12A East & Gulf Coasts/West Med

SECTION 3 – GENERAL REQUIREMENTS

3.A.7 Schedule Maintenance

3.A.7.1 For service between countries or ports for which there is more than one shipment forecast per month, the Contractor shall provide and maintain schedules in IBS at least 45 days prior to the earliest sail date. For “Short Sails” of 3 days or less, the Contractor shall provide schedules in IBS 15 days in advance of vessel sailing.

3.A.7.2 The U.S. Government will request routing proposals for service between ports for which there is less than one shipment per month.

3.A.7.3 The Contractor shall accept, reject, or counter on the same working day to a request for routing proposals received prior to 1430 local time. For a request received after 1430 local time, the Contractor shall respond by 1200 local time of the next working day.

3.A.7.4 Contractor proposal shall include the military voyage number obtained from IBS. Request for routing proposals shall be submitted by email until this information can be requested and replied to via

EDI.

3.A.8 Permanent Service Changes

3.A.8.1 Notification

3.A.8.1.1 The Contractor shall notify the Contracting Officer at least 45 days prior to implementation of permanent changes in the Contractor’s commercial service. All bookings accepted prior to notification of permanent service change shall be performed in accordance with the booking and all terms contained herein.

3.A.8.1.2 The Contractor shall notify the Contracting Officer of permanent changes in service and if the Contracting Officer deems the change meets the requirements for initial award of that service, initial contract rates shall apply to the changed service. If the changed service no longer meets the initial award of that service, the Contracting Officer may adjust the award minimums.

3.A.8.1.3 Dry-Dock Initiated Service Change The Contractor shall notify the Contracting Officer in writing of scheduled dry dockings at least four months prior to the scheduled dry-dock date. The Contracting Officer must be notified in writing of any emergency dry-dock requirement affecting published schedules.

3.A.9 Customer Service Assistance The Contractor shall submit points of contact who can respond to U.S. Government activities on a 24/7 basis to provide expert assistance in answering questions, exchanging information, and resolving problems.

The Contractor shall provide specific points of contact no later than seven days after contract award.

3.A.10 Electronic Commerce / Electronic Data Interchange (EDI) The Contractor shall use Electronic Data Interchange (EDI) or Ocean Carrier Interface (OCI) (or successor system) as the primary means for interfacing with SDDC for all CONUS and OCONUS bookings.

The Contractor shall use the Defense Transportation Electronic Data Interchange (DTEDI) approved Implementation Convention for the ANSI X 12 300, 301, 303, 304 and 315 transaction sets in compliance with their approved concepts of operations. Versions 3060, 4010 or later are required. The Contractor shall implement changes to business processes contained in revisions to Transaction Set Implementation Conventions and their controlling concepts of operations as may be approved by the Ocean ACI Committee. These changes shall be implemented in accordance with schedules approved by the Ocean ACI Committee.

The Contractor shall receive or transmit, as appropriate, the following transactions sets:

SECTION 3 – GENERAL REQUIREMENTS

- Contractor receiving order data, 300 (Delivery order, the booking, including increases and decreases) Contractor ordering confirmation data, 301 (Confirmation of order, Contractor to Ordering Officer/COR)

- Cancellation data from Ordering Officer, 303 (Ordering Officer cancellation)

- Shipping Instructions, 304 (optional)

- Contractor shipment status reporting data, 315

3.A.10.1 Shipment Status Reporting: The Contractor shall provide accurate shipment status reports using the 315 transaction sets. Transactions shall be submitted in ANSI X-12 EDI standard or OCI to SDDC.

Table 3. A.10.1.1 identifies specific events that require reporting. The Contractor shall submit all reports within 24 hours of accomplishment or when the carrier has received the booking details and/or lift information from the U.S. Government.

3.A.10.1.1 Table of Reportable Shipment Status Events

CODE DEFINITION NOTES

EE Empty spotted Empty container out gate in lieu of actual spot is acceptable for shippers having container pools. Required for other than pool locations

(NOT REQUIRED FOR BREAKBULK)

W Pickup of Loaded container/ Breakbulk

This transaction is required at the time customer turns over possession to Contractor

I

In-gate at Port of Embarkation (POE)

This transaction is required at the POE

AE Loaded on Vessel This transaction is required at the POE and required at all transshipment ports

VD Vessel departure This transaction is required at POE and required at all transshipment ports

VA Vessel arrival This transaction is required at the POD and required at all transshipment ports

UV Vessel discharge This transaction is required at the POD and required at all transshipment ports

OA Out gate from POD This transaction is required at the final POD (Port and Door bookings)

AV Available for Delivery This transaction is situational at POD or inland locations. This transaction may be submitted when situations arise from delays in local delivery caused by the U. S. Government, when local delivery can be made within the next business day

X1 Deliver to consignee This transaction is required when shipment is delivered to customer, or possession is turned over to the U.S. Government

EC Empty container pick-up This transaction is required

(NOT REQUIRED FOR BREAKBULK)

RD

Return of empty containers to terminal

This transaction is required when the empty container is returned to the commercial terminal

(NOT REQUIRED FOR BREAKBULK)

TBD Release of empty not to Contractor’s terminal

When an empty container is released to the Contractor but not returned empty to the Contractor's terminal, the Contractor shall report an alternate event that shows that the detention/Free Time clock has stopped. Contractor shall report this using codes approved by the Ocean ACI Committee.

SECTION 3 – GENERAL REQUIREMENTS

CODE DEFINITION NOTES

TBD

In-transit position report

Required only for shipments to Central Asia that transit the Northern GLOC, locations in AFRICOM and other austere locations designated by the Contracting Officer. Reporting shall be by email until reporting requirements are established and included in Transaction Set Implementation Conventions and their controlling concepts of operations approved by Ocean ACI Committee.

3.A.11 Vessel Cutoffs, Late Gates, and Expedited Linehaul

3.A.11.1 Vessel Cutoffs The Contractor shall provide local cutoffs for origins within CONUS and keep SDDC apprised of changes.

The default local cutoff is close of business one working day before the vessel cutoff at the port with an additional day for each 300 miles from the port to the inland origin point, rounded to the nearest whole day.

If the local cutoff falls on a weekend, the cutoff shall be the final workday of that week.

3.A.11.2 Late Gates The Contractor shall lift cargo to the booked vessel when cargo is received after the Contractor's vessel cutoff at no additional charge, if mutually agreeable arrangements have been made with the Contractor for a late gate.

3.A.11.3 Expedited Linehaul to POE Contractors shall provide expedited linehaul in CONUS from selected origins to the booked port of embarkation when this service is requested at time of booking by the Ordering Officer. Contractor shall be paid at the rates in the Table of Accessorials for the specific origin/port combination requested in the booking. No payment shall be made if the requested level of service is not provided as booked.

3.A.12 Required Delivery Date (RDD) The Contractor shall deliver all cargo by the Required Delivery Date (RDD) specified in the accepted booking. When a delay is caused by the U.S. Government, or an excusable delay as defined in the terms and conditions contained within this contract, the contractor shall be relived of responsibility to meet RDD as booked, however, due diligence shall be exercised to meet RDD and/or achieve delivery at the earliest possible time after RDD. The contractor shall convey impact on delivery to cognizant COR at the earliest practical time to ensure adequate coordination with receiving activity.

3.A.13 Less-Than-Container-Load (LCL) Container Services The Contractor is authorized to commingle LCL cargo with commercial cargo. The Contractor shall provide the cognizant Ordering Officer with the same receipt/lift information as required by Paragraph 3.A.21.1 below for preparation of shipping instructions. (See Rate Rules & Provisions Clause; paragraph 1.1.1.9, for rating formula). The Contractor shall provide stuffing, consolidating, stripping, sorting, and transloading services as specified in the booking or as ordered by the Ordering Officer and shall be paid at the Cargo Handling rates listed in the Schedule of Rates Table 6.

3.A.14 Equipment

3.A.14.1 Container Standards Contractors shall provide containers with clearly marked container numbers that are clean, dry, empty, odor free, suitable for protecting cargo from damage and comply with ISO, IMO, and CSC standards.

3.A.14.2 Reefer Equipment The Contractor shall provide refrigerated containers to the stuffing activity in accordance with the booking to include pre-cooling, when requested by the Ordering Officer.

SECTION 3 – GENERAL REQUIREMENTS

3.A.14.2.1 The Contractor shall supply reefer containers that maintain a temperature within three degrees Fahrenheit of the in-transit temperature specified for controlled atmosphere and straight chill, and five degrees Fahrenheit for frozen.

3.A.14.2.2 The Contractor shall provide continuous measurement of internal temperature using a Ryan-type recorder or equivalent capable of continuous recording from availability date for a minimum period of 90 days to provide consistent reporting and equipment supply. Contractor shall provide measurement data upon request from the Government.

3.A.14.3 Substitution of Equipment:

When the Contractor has accepted a booking and does not provide the conveyance listed in the booking, the Contractor shall provide a suitable alternative agreed upon by the shipper and the Ordering Officer at no additional cost to the U.S. Government.

3.A.15 Chassis Requirements Containers delivered to the Government or spotted by the contractor must be on a contractor-provided chassis that supports stuffing/unstuffing operations by the Government. The chassis must remain with the container while in the custody of the Government; unless this requirement is waived by the cognizant COR.

Blanket waivers for specific areas or destinations may be issued by the cognizant COR upon request.

3.A.16 Equipment Pools (container only) The Contractor shall establish and maintain equipment pools identified in Attachment 2 and as requested by the Contracting Officer at CONUS and OCONUS locations. All expense for operating equipment pools shall be borne by the Contractor to include establishing, managing and disestablishing pools.

3.A.17 U.S. Government Furnished Containers (GFC)

3.A.17.1 – The shipment of U.S. Government-furnished containers (GFC) shall be subject to mutual agreement between the Carrier and the Government, except that the Government shall have the right to ship up to 200 U.S. GFC against the space commitment required under Section 3.A.6 of the PWS as part of a Unit move, provided that such shipments were coordinated at least 45 days in advance of the vessel sailing.

3.A.17.2 – The Contractor shall provide a chassis for GFC shipments whenever the Contractor is responsible for the associated inland transportation, unless this requirement is waived by the local shipping/receiving facility or custom of the trade does not normally call for the use of chassis. Detention shall apply to carrier owned chassis when associated to GFC.

3.A.17.3 – Contract linehaul rates shall apply for transporting loaded GFC. Inland transportation of empty GFC requested by the Government shall constitute a separate inland move subject to contract linehaul rates unless otherwise mutually agreed to by the Contractor and the Government.

3.A.17.4 – The Contractor shall not be entitled to detention for GFC. The Contractor shall return GFC in the same condition as received and shall be liable for loss or damage to the GFC resulting from the Contractor’s negligence. The Contractor shall not procure war risk insurance coverage for GFC and shall not be liable for any loss that would have been covered by war-risk insurance.

3.A.17.5 When the Contractor provides any of the services for Accessorial, rates, in connection with service provided to U.S. Government owned/leased containers, the appropriate Contractor rates contained in the Schedule of Rates shall apply.

3.A.18 Flatrack Containers The Contractor shall furnish flatrack containers as specified in the booking. Contractor shall be paid an additional flatrack surcharge in accordance with the Table of Accessorial Rates.

SECTION 3 – GENERAL REQUIREMENTS

3.A.19 Bulk Liquids

3.A.19.1 The U.S. Government may furnish 20’ tank containers for shipment of bulk liquids by the Contractor.

3.A.19.2 The Contractor shall provide an acceptable, clean and empty tank container to the shipper and transport to destination. The consignee shall empty the container and return it to the Contractor, empty, but with residue. The Contractor shall be compensated for providing the tank container and for cleaning the empty container at the "Contractor Provided Tank Container” rate in Table 6B, Accessorial Rates. The Contractor shall be compensated for ocean transportation of these tanks at rates for dry containers, and for linehaul or drayage, if ordered. The tank container surcharge for Contractor-provided containers does not apply.

3.A.20 Manual Operational Reports

Until EDI transaction submissions can fully provide this data, the Contractor shall provide the cognizant SDDC activity and the military activity responsible for cargo documentation at each port where U.S.

Government cargo is lifted and/or discharged certain information in connection with cargo at that port.

Manual Operational Reports for cargo lift are not required for cargo loaded on a “Free-in” basis. Report format, distribution, submission schedule and medium are described at Attachment 7.

Cargo Receipt Cargo Lift Information – Containers Cargo Lift Information – Breakbulk Pre-Arrival Notice Cargo Discharge Cargo Disposition Contractor Containerization Cargo not lifted as booked / booked and not lifted Direct Booking Report

3.A.21 Daily Intransit Visibility (ITV) Reports

3.A.21.1 Inland ITV services identified in this section shall apply to Afghanistan, Pakistan, Uzbekistan, Tajikistan, Kazakhstan, Turkmenistan, Kyrgyzstan, Jordan or Iraq, or other areas as directed by the Contracting Officer. When ordered, the Contractor shall be paid an additional daily ITV Surcharge in accordance with the Table of Accessorial Rates.

3.A.21.1.1 When ordered by the U. S. Government, the Contractor shall provide daily reporting of the status/location of cargo while in transit to locations listed in 3.A.21.1. Contractor shall report on each shipment every day, providing event reports or a location report as identified by the Ordering Officer.

Reportable events shall include vessel arrival, cargo discharge, cleared by customs, out-gate, arrive consignee (inbound cargo); pickup requested; depart origin, in-gate, lift to vessel, vessel sail (outbound cargo) and transit of Contractor waypoints (inbound and outbound). A location report is required for any day that no event reports are reported for the shipment. The location reports for shipments in transit between port and origin/destination that are reported at the same location as the prior day’s location report shall also provide a brief explanation of the reasons for the delay and if the reason for the delay is within the control of the Contractor, date transit is estimated to resume.

3.A.21.1.2 Report format. The Contractor shall provide reports in separate Excel spreadsheets for inbound and outbound shipments. Include columns describing the cargo (TCN, container number (with prefix), booking number, type/description of cargo, origin or destination, POE or POD, shipper DODAAC, receiver DODAAC ) and each applicable event, plus additional columns for exception information (location, remarks and dates) of all events that occurred during the prior 24 hours or had not been included

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in the prior report. Exception information is required only when there is no event report for the prior day.

Remarks can be used to advise of cargo exception information but would not replace notifications otherwise required by the contract. Completed shipments may be deleted 30 days after delivery.

3.A.21.1.3 Reports shall be provided by email attachments to distribution as provided by SDDC-G9.

3.B Shipment Planning and Booking

3.B.1 Shipment Booking and Scheduling The Contractor shall provide the services as identified in the accepted booking.

3.B.1.1 Shipment Booking All cargo shall be booked to the Contractor at the discretion of Ordering Officers (Shipper Select) based on a contemporaneous best value analysis of technical capability, scheduled service, past performance and price, subject to VISA priorities. Awarded contract minimums for the base period shall be satisfied by the expiration date of the base period.

3.B.1.1.1 See Attachment 8, Section 1.3 for additional factors in best value analysis when booking Prime Vendor owned cargo for shipment.

3.B.1.2 Booking Acceptance Issuance of a booking number by the Contractor through EDI, OCI, Direct Booking, email, or facsimile communication to the U.S. Government constitutes acceptance booking. The parties may subsequently agree to amendments/changes prior to delivery, including rerouting of containers as specified at paragraph G.5 below. Should the Contractor use auto-accept or other processes that provide a booking number in advance of full evaluation of the offer, Contractors shall have one business day to counteroffer.

The Contractor shall accept bookings, up to a vessel’s space commitment, if the booking is received no less than five business days prior to a local cutoff. Empty U.S. Government-owned or empty leased containers or other empty special equipment shall be booked on a space-available basis. Empty containers shall be offered to the Contractor, who shall propose space for them on the first sailing for which space is available.

3.B.1.3 Response to Booking Requests The Contractor shall accept, reject, or counter on the same business day to a booking received prior to 1430 local time. For a booking received after 1430 local time, the Contractor shall respond by 1200 local time of the next working day.

3.B.1.4 Automated Booking (This paragraph does not apply to Breakbulk Carriers) Contractors shall implement an automated booking capability via EDI or OCI with the Integrated Booking System (IBS) within 30 business days after award of contract. EDI transaction sets shall comply with standards identified in this contract. Contractor shall respond to all cargo offerings, including changes to previous offerings, within two hours of the time the cargo offering is released by IBS. Automated booking capability shall be maintained 24 hours per day, 7 days per week, throughout the period of the contract.

Contractors shall have one business day to counteroffer any booking processed automatically. Contractor shall accept bookings via a Contractor-provided website for shippers that SDDC authorizes to use Direct Booking procedures. During the term of the contract, the U.S. Government may implement a successor system that shall replace IBS. Contractor shall be required to interface with this new system and shall be provided at least 120 calendar days' notice prior to implementation of the new system.

3.B.1.5 Direct Booking Procedures: Contractors with established direct booking capabilities shall accept bookings from shippers who elect to use Direct Booking procedures. Contractors shall ensure that Direct Booking systems comply with the terms and provisions of this contract. RDDs accepted in the Contractor’s Direct Booking systems shall be used to measure RDD compliance.

3.B.1.5.1 Contractors with Direct Booking capabilities will ensure that the booking acceptance process evaluates "Required Delivery Dates" consistent with booking acceptance logic resident in IBS. When

SECTION 3 – GENERAL REQUIREMENTS

deemed necessary, the U.S. Government in cooperation with the contractor will review and update the acceptance logic and associated tables, and publish results through SDDC generated customer advisories.

3.C Origin Services (container only)

3.C.1 Providing Empty Containers to Shippers

3.C.1.1 Pool Locations. The Contractor shall maintain empty container pools at locations and levels specified in Attachment 2. The Contractor shall provide documentation to the shipper to identify the equipment by Contractor SCAC, equipment owner code, and container number when empty containers are delivered to a shipper for inclusion in a pool. Once the shipper notifies the Contractor that a container is available for pickup, the container is considered loaded and no longer part of the established pool and the Contractor shall replace the empty container, by the next business day. Detention at origin does not apply to locations with equipment pools.

3.C.1.2 Drop and Pick Service

3.C.1.2.1 The Contractor shall spot the requested equipment at the location on or before the date and time specified in the booking.

3.C.1.2.2 The Contractor shall provide drop and pick service without surcharge for:

3.C.1.2.2.1 OCONUS locations not requiring container pools, 3.C.1.2.2.2 CONUS/OCONUS locations listed at Attachment 2 where the Contractor has no pool assignment, and

3.C.1.2.2.3 CONUS locations where the Contractor and shipper mutually agree to drop and pick service.

3.C.1.2.3 The Contractor shall provide drop and pick service and be entitled to a surcharge for CONUS locations not described above, when drop and pick service is ordered.

3.C.1.2.3.1 When drop and pick service is ordered, the Contractor shall be compensated $300 per container.

3.C.1.2.3.2 For bookings of three or more containers, the shipper may order round robin drop and pick service. The Contractor shall be paid $300 for this service if the U.S. Government orders it.

3.C.1.2.4 A container which has been spotted by the Contractor for stuffing by the U.S. Government shall be permitted a period of two working days, commencing on the first workday after delivery, for stuffing before detention applies. Detention at origin does not apply to any containers that are lifted to the booked sailing or any earlier sailing nor to any containers sailing on a later vessel when the Government is not responsible for the delay.

3.C.1.3 Live load. For other locations in CONUS, the Contractor shall provide live load service at origin unless drop and pick service is ordered. The Contractor and the shipper shall set a live load appointment (date and time and specific location) for each container booked. The shipper shall have three hours' free time, starting from the time of the appointment to load the container or upon actual start. The Contractor shall be paid waiting time at the rate of $60 per hour rounded to the next higher quarter hour Waiting time shall only run during the shipper’s normal hours of operation. In the event the Contractor does not meet the agreed appointment time by 15 minutes or more, the shipper may load the container immediately or reschedule the load for a later time. Free time start will be adjusted to actual start time. Shipper may also cancel the appointment and reschedule for a different day.

3.C.1.3.1 In the event the shipper is not able to complete loading by the end of the shipper's business day, the Contractor shall be paid a $150 overnight charge. When loading operations resume, free time, if there is

SECTION 3 – GENERAL REQUIREMENTS

any not used or waiting time shall start at the time the shipper's workday starts unless the shipper and Contractor agree to a different time.

3.C.1.3.2 The contractor shall provide live load service, at no added cost, for locations otherwise entitled to pool or drop and pick service, when requested by the shipper in the booking, free time and waiting time rates apply in accordance with 3.G.4.5.3.

3.C.1.3.3 At the request of the Ordering Officer the Contractor may, pick up empty U.S. Government owned or leased containers from locations separate from the designated loading location and deliver them to the shipper for loading. Compensation for this will be mutually agreed to through a bilateral modification to this contract. The container shall be spotted at the shipper’s location using rules for live load, drop and pick or pool as would apply for a Contractor provided container.

3.C.1.4 At least one day prior to the spot date annotated in the booking, the Contractor shall notify the cognizant Ordering Officer of any containers, which cannot be spotted to meet booking requirements.

3.D Ocean Transportation

3.D.1 Cargo Lift and Advancement

3.D.1.1…