USC-6 RFP 8 Aug 08.pdf

UNITED STATES TRANSPORTATION COMMAND

508 SCOTT DR

SCOTT AIR FORCE BASE IL 62225-5357

8 Aug 08

MEMORANDUM FOR PROSPECTIVE OFFERORS

FROM: USTRANSCOM/TCAQ-I

508 SCOTT DRIVE

SCOTT AFB, IL 62225-5357

SUBJECT: Request for Proposal (RFP) #: HTC711-08-R-0011, Universal Services Contract

(USC)-6

1. Attached is a copy of the USC-6 RFP for international cargo transportation and distribution services using vessel operating ocean common or contract carriers' offering regularly scheduled commercial liner service for requirements that may arise in any part of the world.

2. Offerors are asked to submit their proposals in response to this notice. We will notify you when the Carrier Analysis and Rate Evaluation (CARE) II system will be available for rate submissions. We anticipate the system will be open no later than Friday, 15 August.

3. The pre-proposal conference is tentatively scheduled for 28 Aug 08 at Scott AFB, IL. We will post an agenda with a firm date, time and location to FedBizOpps. Please send any questions concerning the RFP to Cindy Strout at cindy.strout@ustranscom.mil or myself at charles.burton@ustranscom.mil no later than 10 Sep 08.

4. I sincerely thank you for your interest in this requirement and look forward to receiving your proposals.

Respectfully, CHARLES M. BURTON JR.

Chief, Sealift Branch

Attachment:

RFP #: HTC711-08-R-0011

USTRANSCOM COMMAND ACQUISITION

508 SCOTT DR

SCOTT AFB IL 62225-5357

618-256-4300 618-256-9600

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HTC711-08-R-0011 08-Aug-2008

b. TELEPHONE NUMBER

618-229-2495

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 09 Oct 2008

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

HTC711

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CYNTHIA L. STROUT

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

483111

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

HTC711-08-R-0011

Section SF 1449 - CONTINUATION SHEET

MINIMUM GUARANTEE

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM MINIMUM MAXIMUM MAXIMUM

QUANTITY AMOUNT QUANTITY AMOUNT

1 FEU / 5 MsT $5,000.00 N/A $450,000,000.00

CLIN TASK ORDER (BOOKING) MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Task Order (Booking) issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Task Order (Booking) issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN MINIMUM MINIMUM MAXIMUM MAXIMUM

QUANTITY AMOUNT QUANTITY AMOUNT

0001 1 TEU / 1 MsT $1,000.00 N/A $20,000,000.00

1000 1 TEU / 1 MsT $1,000.00 N/A $20,000,000.00

2000 1 TEU / 1 MsT $1,000.00 N/A $20,000,000.00

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Lot Base Year (1 Mar 09 - 28 Feb 10)

FFP

Rates are contained in the CARE II (Carrier Analysis and Rate Evaluation System) FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1000 UNDEFINED Lot OPTION Option Year One (1 Mar 10 - 28 Feb 11)

FFP

Rates are contained in the CARE II (Carrier Analysis and Rate Evaluation System)

UNIT UNIT PRICE MAX AMOUNT

2000 UNDEFINED Lot OPTION Option Year Two (1 Mar 11 - 29 Feb 12)

FFP

Rates are contained in the CARE II (Carrier Analysis and Rate Evaluation System)

RATE RULES AND PROVISIONS

1 Rate Rules

1.1 Application of Ocean Freight Rates--Containers

All rates included herein are based on Liner Terms and include all costs for normal services from gate to gate.

Except as otherwise provided, all basic ocean freight rates are stated in U.S. dollars and cents per manifested type/size container and apply between Contractor’s terminal at the loading port and the Contractor’s terminal at the discharge port. Basic ocean freight rates shall be applicable to all categories of cargo except as specified below.

1.1.1 Equipment Charges

1.1.1.1 Cargo shipped in flatrack containers shall be freighted at the General Cargo container rate. In addition, the Contractor’s lumpsum flatrack surcharge shall be added to the total for this cargo. The flatrack surcharge applies by route, size of container, and direction of movement. Direction is outbound, inbound, or interport as described in Carrier Analysis and Rate Evaluation System (CARES II). For outbound identified routes, the first geographic area is the origin. For inbound identified routes, the first geographic area is the destination. Rates for Interport identified routes are the same in all directions. For cargo moving under single factor rates, the flatrack surcharge applicable to the specific route, size and direction is applicable and is in addition to the single factor rate. For shipments that include a port arbitrary, the route used to pay ocean freight shall be used to determine the flatrack surcharge.

This provision is not applicable to excepted commodities.

1.1.1.2 Movement of Empty, U.S. Government-Owned or Leased Containers The basic rate for empty, U.S. Government furnished containers accepted on a space available basis shall be fifty percent (50%) of the general cargo container rate that would apply for the size container. The general cargo container rate shall apply for shipments of two or more collapsed flatrack containers shipped together.

1.1.1.2.1 The Contractor’s charges for drayage or inland linehaul of empty U.S. Government containers shall be the same as the Contractor rates contained in the Schedule of Rates (CARES II).

1.1.1.2.2 Accessorial services provided by the contractor, in connection with service provided to U.S. Government containers, shall be at the rates contained in the Schedule of Rates (CARES II)

1.1.1.3 Hazardous Cargo On-Deck Surcharge

The lumpsum surcharge shall only apply, per container, to hazardous cargo requiring on-deck stowage per Coast Guard Regulations. The surcharge shall be in addition to the general cargo container rate. This charge does not apply to excepted commodities.

1.1.1.4 Small Arms Ammunition

Small Arms Ammunition (International Marine Organization (IMO) Class 1.4) is moved at the same rate as general cargo plus a surcharge of $1,000 per container or, for breakbulk shipments, $50 per measurement ton.

1.1.1.5 Twenty-Foot Container Formula

For routes where 20-foot rates are not specifically solicited, 20-foot container ocean rates shall be calculated at 75% of the applicable 40-foot-and-over dry or reefer rates and rounded to the nearest dollar. This formula is not applicable to single factor rates or linehaul rates.

1.1.1.5.1 Twenty-Foot Linehaul/Drayage Formula

Rates for drayage or inland service for 20 foot containers may be applied at 85% of the 40 foot drayage, inland, or mileage rate unless a rate for the linehaul is specifically provided.

1.1.1.6 Forty-Five Foot Containers

A surcharge of 12.5% of the basic rate for a 40-foot container shall be applied for use of any 45-foot (or greater) container.

1.1.1.7 High-Cube Containers

A container (dry or reefer) in excess of 8’6” in height shall be paid at the same rate as an 8’6” container.

1.1.1.8 Open-Top Containers

Contractor shall be paid a surcharge of $300.00 for the use of Contractor-provided, open-top containers.

1.1.1.9 Commingling of U.S. Government Less-than-Container load and Commercial Cargo Government cargo commingled with commercial cargo shall be freighted in accordance with the following formula:

Contractor’s basic ocean rate for a 40’ container divided by 59 multiplied by manifested cargo measurement tons; a 20’ container is divided by 29 multiplied by manifested cargo measurement tons.

1.1.1.10 Bulk liquid commodities containerized in U.S. Government owned or leased 20-ft. Tank Containers.

1.1.1.10.1 The U.S. Government shall pay for bulk liquid containerized service at the rates for each overland linehaul segment; the ocean segment shall be paid at the Contractor’s 20-foot general cargo dry container rate, plus a surcharge of $500.00 for each loaded tank container or empty tank container that is not cleaned, sealed and certified. Clean and empty tank containers shall be paid at the Contractor’s 20-foot general cargo dry container rate, without the surcharge for the ocean segment.

1.1.1.10.2 Contractor-provided tank container service is described in Section 3.A.19.2 of the PWS .

1.1.1.11 Ocean and single factor rates shall be in whole dollars. Any calculated rate shall be rounded to the nearest whole dollar.

1.1.2 Application of Drayage and Inland Rates

All drayage or inland services rates are stated in whole dollars per manifested container size/type and are applicable for drayage or inland services furnished by the Contractor in conjunction with basic ocean services. All drayage and inland rates are for between service. No directional rates shall apply under this contract. When there is no drayage or inland rate that would apply for a shipment, charges shall be negotiated with the Contracting Officer prior to booking. Drayage and inland rates apply for tank opentop and flatrack containers unless specifically provided herein. Mileage rates shall be calculated to dollars and cents.

1.1.2.1 Inland Rate Application

1.1.2.1.1 Linehaul and drayage rates apply to points specifically named and to other points, places, ports, and cities as described in Attachment 4. Additional points can be added to Attachment 4 that are within the Commercial Zone of the named point as described by the 49 CFR Ch. III Part 372. for points in the U.S. or points within 10 miles radius of the city limits of foreign cities. Other points may be added upon mutual agreement by U.S. Government and Contractor.

1.1.2.1.2 In the absence of specific container linehaul rates between points , inland charges are computed using mileage band rates, multiplied by the one-way mileage. Mileage rates apply by container size. Rates for mileage bands under 51 miles are per container.

1.1.2.1.2.1 Mileage rates apply between points and ports in the country named in the rate table, except,

1.1.2.1.2.1.1 The U.S. mileage rate table shall also apply from/to points in Canada and include ports in the U.S. and Canada. U.S mileage rates apply to CONUS and Canada, not Alaska.

1.1.2.1.2.1.2 European Mileage rates apply between ports and points in Germany, Belgium, Luxembourg, Italy, and the Netherlands.

1.1.2.1.3 Application of Breakbulk and out-of-gauge container linehaul for shipments to and from Afghanistan via ports in Pakistan.

1.1.2.1.3.1 Container linehaul rates shall apply to out-of-gauge flatracks as an exception to 1.1.3.7.

1.1.2.1.3.2 Breakbulk cargoes:

1.1.2.1.3.2.1 For pieces of cargo less than 20' in length, the under-40' container linehaul rate applies.

1.1.2.1.3.2.2 For pieces of cargo 20' or over, the 40'-and-over container linehaul rate applies.

1.1.2.1.3.2.3 For multiple pieces where more than one breakbulk piece can be loaded to a conveyance, the Contractor shall be paid for service actually provided as follows:

1.1.2.1.3.2.3.1 For each conveyance with pieces totaling less than 20' in length, apply the under 40' container rate.

1.1.2.1.3.2.3.2 For each conveyance with pieces totaling 20' or more in length, apply the 40' and over container rate.

1.1.2.1.3.2.3.3 If a Contractor offers both container and breakbulk linehaul rates, the breakbulk linehaul rates and terms shall apply for breakbulk cargo.

1.1.2.1.3.3 Port transload. The Contractor shall be paid the transload surcharge for Karachi to transfer cargo from flatrack to truck and to flatrack from truck at rates in Schedule of Rates Table 6 located in CARE II.

1.1.2.1.3.4 Overheight shipments: The Contractor shall be paid an additional charge per conveyance for out-of-gauge cargos that exceed 10 feet in height, but that do not exceed 12 feet in height. Applies to container and breakbulk shipments in both directions (to and from port).

1.1.2.1.3.5 Super Load Shipments. Rates for super load shall apply to cargo that exceeds 140 inches high but not 156 inches high or exceeds 132 inches wide but does not exceed 144 inches wide, or both. The charge shall apply per conveyance at rates in Schedule of Rates Table 3 located in CARE II. Applies to container and breakbulk shipments.

1.1.2.1.4 Inland Service by Ferry or by Barge-Ship Systems.

Inland rates shall apply to inland service provided by commercial ferry or by commercial barge ship systems in the following instances:

1.1.2.1.4.1 Between ports in the United Kingdom and ports in Ireland.

1.1.2.1.4.2 Between ports on the mainland of Italy and ports of Sicily and Sardinia.

1.1.2.1.4.3 Between ports in mainland Greece and ports in Crete.

1.1.2.1.4.4 Between ports in Japan and Misawa, Iwakuni, Sasebo Japan

1.1.2.1.5 Grouping of Certain Ports, Cities, and Places

1.1.2.1.5.1 In order to avoid proliferation of rates, certain ports and inland points have been grouped together as described in Attachment 4, City Groupings.

1.1.2.1.5.2 The ports listed below have been grouped. For routings via below listed ports, CARE II SM shall only accept routings that use the port group for drayage, linehaul, and single factor rates.

Port Group Port Members

CONUS

Galveston Bay Galveston, Houston Los Angeles Los Angeles, Long Beach, San Pedro, Wilmington, Terminal Island

Miami Miami, Port Everglades, Fort Lauderdale

New York New York, Bayonne, Newark, Elizabeth, Howlan Hook- Kearney

Norfolk Norfolk, Newport News, Portsmouth ,Virginia Beach Chesapeake

Philadelphia Philadelphia, Pennsauken Puget Sound Bremerton, Seattle, Tacoma San Francisco Bay Area San Francisco, Oakland, Richmond, Mare Island, Alameda

OCONUS

Calcutta/Kolkata Calcutta,/Kolkata Haldia Dammam Dharan, Dammam Karachi Karachi, Port Qasim Maputo Maputo, Lourenco Marques

Port Group Port Members Muscat Muscat, Mina Qaboos Naha Naha, Aja Naples Naples, Salerno Thamesport Thamesport, Isle of Grain Jebel Ali Dubai, Jebel Ali

1.1.3 Over dimensional Cargo

1.1.3.1 Selection of the equipment used for ocean transportation shall not result in overlength dimensions when the cargo is loaded on the container unless the Contractor and the U.S. Government mutually agree to this at the time of cargo booking. For example, cargo 24 feet in length shall be loaded on a 40-foot flatrack, not a 20-foot flatrack.

1.1.3.2 Charges for over dimensional or super load cargo stowed on a vessel in containers shall equal the additional ocean rate for equivalent displaced standard dry container(s) by size in accordance with the following formula (which includes use of a flatrack container):

NOTE: The blocks in the above examples depict the displaced cells based on shipments being overheight, overwidth, or both overheight and overwidth. The black block is the loaded flatrack and the gray blocks are the displaced cells.

1.1.3.2.1 In-gauge cargo is defined as less than or equal to 456 inches long, 96 inches wide, and 77 inches high for a 40-foot flatrack.

1.1.3.2.2 For a 20-foot flatrack, in-gauge cargo is defined as less than or equal to 216 inches long, 96 inches wide, and 87 inches in height.

1.1.3.2.3 Cargo exceeding 90 inches in height shall be considered overheight for open tops.

1.1.3.2.4 A 35% discount off the basic ocean freight rate shall be applied for displaced slots in any configuration.

1.1.3.3 If other than flatracks are used to ship over dimensional cargo, the flatrack surcharge shall not be applied to the formula. If open top containers are used, the open top surcharge shall apply.

1.1.3.4 Flatrack surcharges shall not apply to U.S. Government-owned flatracks in the rate computation for over dimensional cargo.

1.1.3.5 Displaced slots for which charges are assessed shall be counted toward the minimum cargo guarantee.

In gauge: BOF (Basic ocean freight) +FRS (Flat rack surcharge) TP (Total price)

Over height: BOF+(BOF x 65%)

+FRS

TP

Over width: B OF+((BOFx2) x 65%)

+FRS

TP

Over height and Overwidth BOF+((BOFx5) x 65%)

+FRS

TP

1.1.3.6 Cargo that cannot be loaded on or in an intermodal container (closed, open top, flatrack) prior to stevedoring is not covered by this formula.

1.1.3.7 The over dimensional formula is limited to port-to-port terms only. Basic ocean freight (BOF) is the General Cargo Ocean Container Rate from the Table of Rates.

1.1.3.8 This formula can be applied to cargo exceeding either the weight and/or the dimensions defining over dimensional cargo when the U.S. Government and the Contractor mutually agree to do so at the time of cargo booking.

1.1.4 Single Factor Rates

1.1.4.1 These rates include all considerations except for Currency Adjustment Factor (CAF), Bunker Adjustment Factor (BAF), War Risk Insurance, and other accessorials ordered in the booking. Single factor rates can apply to point-to-point, point-to-port, or port-to-point movements. Ingauge cargoes on flatracks can move at the single factor rate subject to the flatrack surcharge for the route.

1.1.4.2 Single factor rates apply from specified origin to specified destination via the ports specified in the single factor rate. Contractors shall designate the port of loading and port of discharge for each single factor rate. Bookings shall be made using the combination of ports designated by Contractors.

1.1.4.3 Contractors may change the ports to be used for a Single Factor Rate or add new port combinations to an existing Single Factor requirement by notifying the Contracting Officer. Any change in price shall require approval by the Contracting Officer.

1.1.5 Cargo Handling (Stuffing, Unstuffing, and Transloading)

Cargo Handling. When this service is ordered by the U.S. Government, Contractors shall be paid for each manifest MsT for providing cargo handling services at Contractor-designated facilities. The rates apply for the commodities and locations specified in the rate without regard to size container. Cargo handling and transloading rates are for the place named in the rate and apply for both import and export services.

1.2 Application of Ocean Freight Rates—Breakbulk/RORO

All rates included herein are based on Free-In, Free-Out (FIO) terms and include all costs for normal service from port to port. Basic ocean freight rates shall be applicable, to the commodity categories as specified below:

General Cargo U.S. Government Owned/Leased Dry Containers

Light Vehicles Helicopters Heavy Vehicles

1.2.1 Rates shall be priced based on measurement ton. Rates shall be applied based on MsT, defined as either 40 cubic feet per ton or 2,240 lbs. (long ton), whichever shall generate the highest revenue. U.S. Government owned/leased dry containers should be rated per container size. Only General Cargo shall be rated on a weight or cube basis.

1.2.2 When liner service is required for breakbulk shipments at the load port, discharge port or at both ports, the applicable liner term rate(s) in the Table of Accessorials shall be added to the FIO ocean rate for the ports where liner service is ordered.

1.2.3 Extra length charge: For each additional 10 feet or fraction thereof in excess of 45 feet, the extra length charge shall be added to the ocean rate to calculate the total ocean freight.

1.2.4 Hazardous Cargo Surcharge: This surcharge applies to hazardous cargo requiring on-deck stowage by Coast Guard regulations and is expressed as a rate per MsT to be added to the commodity rate for the ocean transportation.

1.2.5 In accordance with booking terms, when the U.S. Government requests the Contractor to provide loading and/or discharging service for self-propelled wheeled or tracked vehicles, and the vehicle(s) are delivered in an undriveable condition or become inoperable prior to loading or discharge, the U.S. Government shall be liable for the extra handling, such as towing, or pushing cargo incurred by the Contractor at a rate of $75.00 per vehicle at origin, if applicable, and/or $75.00 at destination, if applicable, maximum not to exceed $150.00 per vehicle. The Contractor shall certify that the vehicle is inoperable, stating the TCN and/or vehicle serial number, vessel name and voyage number, sailing date and port of loading/destination. These charges are exclusive of cargo handling for loading/unloading to/from trailer/lowboy or other equipment for movement of normal breakbulk cargo or unit moves.

1.2.6 When ocean service is ordered to a port subject to the Port Arbitrary, the Port Arbitrary rate in the Table of Accessorials applicable to the specific port is added to the FIO ocean rate for the trade route used to deliver cargo to the intermediate port for transshipment to the arbitrary port. The Port Arbitrary surcharge includes costs to load or discharge feeder vessels at intermediate ports. Service at the arbitrary port is FIO unless liner service is ordered.

1.2.7 Vessel Demurrage: Contractor shall be compensated for berthing delays caused by the U.S. Government (See PWS paragraph 3.I.3.3) based on demurrage rates (per vessel day) in the Schedule of Rates Table 6C. Charges are prorated for the actual period of delay.

1.2.8 Linehaul for Breakbulk and RORO cargo

1.2.8.1 For breakbulk shipments requiring inland movement, linehaul rates apply to points specifically named and to other points, places, ports, and cities as described in Attachment 4.

1.2.8.2 In the absence of specific linehaul rates between points within CONUS, inland charges are computed using mileage band rates, multiplied by the one-way mileage. For mileage less that 51, the rates are per conveyance.

1.2.8.3 Mileage rates apply between ports and points in the named country, except that the U.S. mileage rate table shall also apply from/to points in Canada and include ports in the U.S. and Canada and the Northern European Mileage rates apply between ports and points in Germany, Belgium, Luxembourg, Italy, and the Netherlands.

1.3 Application of Ocean Rates—Container and Breakbulk

1.3.1 Port Arbitraries: A surcharge is applicable for selected ports designated by the U.S. Government. The port arbitrary shall be in addition to the applicable ocean rate.

1.3.1.1 Port Arbitraries apply to all directions of movement.

1.3.1.2 Port Arbitraries do not apply to single factor rates.

1.3.1.3 PWS Section 7, paragraph E, identifies the ports for which port arbitraries may be established for this contract. The surcharge shall be listed in the Schedule of Rates Table 6, Accessorial Rates.

1.3.1.4 Each Port Arbitrary, as specified in the Schedule of Rates Table 6, names a port or zone over which the port arbitrary applies,. The applicable ocean rate is the rate to /from this port or zone.

1.3.1.5 Port Arbitraties do not apply to:

Scandinavia, Baltic - Continental Europe, United Kingdon, Ireland, Kuwait - Iraq, Kuwait - Djibouti or other routes where the ports subject to port arbitraties are named in the ocean route (Section 7.E)

1.3.2 Mileage Source.

1.3.2.1 The Defense Table of Official Distances (DTOD) is the official source of distances for payment of rates based on mileage and for calculation of standards based on overland distance. Contractor shall be paid in accordance with the version of DTOD used by IBS at the time of the booking. The U.S. Government shall provide notification of changes in the version of DTOD used.

1.3.2.1.1 A commercial product that is DTOD-compliant is “PC*Miler” that shall produce distance calculations identical to DTOD. Contractors who have PC*Miler shall be provided a file of the official mileages to be used by IBS for all point to port and port to point combinations using mileage based rates. Contractors should ensure that they have the same version of PC*Miler as used in IBS. Contractors who elect to use another source for computing mileages cannot be provided this file. Should there be any differences in the mileages computed by DTOD and the mileage invoiced by the Contractor, the Contractor shall be paid based on the DTOD mileages.

2. Bunker Adjustment Factor (BAF)

2.1 Allowance

An allowance for fluctuations in marine fuel prices shall be paid to the Contractors or to the U.S. Government in accordance with the following:

The allowance shall be paid per freight payable unit of cargo. For containerized goods these units are 20-foot and 40-foot containers. For breakbulk cargo, they are measurement tons.

The Bunker Adjustment Factor is zero unless the one-month average fuel price is at least 10% higher or 10% lower (inclusive) than the baseline average fuel price. No bunker adjustment is payable on the routes not included in Table 1 below.

The compensation per freight payable unit shall be calculated as follows:

[Monthly Avg fuel price of MDO x 5% + Monthly Avg fuel price IFO 380 x 95% - Baseline fuel price x BAF Technical Factor] / 6.50 (Conversation factor, metric tons to barrels)

2.2 Baseline Fuel Price

The BAF baseline fuel price will be calculated using the one (1)-month average price for the month prior to the month the solicitation is issued (Block 6 of SF1449 shows the issue date of the RFP). Should an option to extend the contract be exercised, the BAF baseline fuel price will be calculated using the one (1)-month average price for the month preceding the month of the due date for pricing for the option period. However, the Government reserves the right to select a different time period prior to exercising the option for calculation of the option period BAF baseline if there are severe/erractic pricing fluctuations during the month period preceding the month of the pricing due date.

2.3 Calculations

2.3.1 BAF shall be calculated using Norfolk (ex-wharf) prices except for routes below that shall use Los Angeles (ex-wharf) prices:

USWC to Far East Hawaii - Far East Hawaii - Kwajalein USWC - Oceania USWC - Middle East

2.3.2 A one-month average fuel price shall be computed by SDDC for Los Angeles and Norfolk. This average price shall be calculated on or after the first of the month for the prior month and shall apply to shipments booked for sailings in the following month. Example: The average fuel prices for calculation of BAF charges for March shall be based on bunker prices for the month of January.

2.3.2.1 The scheduled month the vessel departs the load port at the time of booking shall determine the month for calculation of BAF charges.

2.3.3 The source for bunker prices is Bunkerworld; http://www.bunkerworld.com/, which calculates bunker average monthly prices by port and fuel type These prices are quoted in metric tons and shall be converted to barrels by dividing by 6.50. The IFO 380 and MDO average quotes shall then be averaged to calculate the monthly average fuel prices for Norfolk and Los Angeles.

Conversion Factors for fuel types identified above are per DESC FY 07 standard fuel conversions

Fuel Type BBLS per MT

IFO 380 6.467

MDO 7.162

2.3.4 SDDC shall monitor,calculate and post BAF to the SDDC website.

2.4 Payment procedures.

2.4.1 For shipments paid using PowerTrack/U.S. Bank, the BAF shall be fixed at the time of booking and shall be based on the date the booked vessel is scheduled to sail. When BAF is payable, shippers shall include the applicable BAF amount (plus or minus) to all shipments paid to the Contractor via their own documentation and payment system at the time that the original transactions are sent to PowerTrack. Contractors using the PowerTrack invoice procedure shall include the applicable BAF amount (plus or minus) in their invoice.

2.4.2 For all shipments other than those paid using PowerTrack/U.S. Bank, Contractors are responsible for indicating on their shipment invoice whether a fuel payment is due them, whether no fuel payment is to be made or whether a fuel payment is due SDDC. If a fuel payment is due the Contractor or SDDC, the Contractor shall compute the value of the payment (or credit) and indicate this on the shipment invoice. If there is no fuel payment, the Contractor shall indicate on the invoice “No Fuel Adjustment”. BAF for authorized agent shipments shall be paid using this process.

2.5 Application

The bunker fuel adjustment applies to fuel purchased by the Contractor from normal commercial suppliers and does not apply when bunker fuel has been provided or subsidized by the U.S. Government or foreign Governments.

2.6 Technical Factors and Freight Payable Units

The technical factors and their freight payable units are shown in Table 1.

Table 1. Technical Factors

Route(s) Payable Unit Factor 01 20-foot container

40-foot container MsT

4.35 7.25 0.17

05 20-foot container 40-foot container MsT

2.88 4.80 0.11

Table 1. Technical Factors

Route(s) Payable Unit Factor 02 Continental Europe/UK—Middle East and 06A USEC—West Med

20-foot container 40-foot container MsT

5.55 9.25 0.21

47 – USWC to Middle East

20-foot container 40-foot container MsT

9.90 16.49 0.38

61 Guam-Korea, 61 Guam-Okinawa, 61 Guam-Manila, 20-foot container 40-foot container MsT

2.1 3.5 0.08

61 Guam Japan, 39 and 43 79 Hawaii - Kwajalein, 61 Guam-Singapore

20-foot container 40-foot container MsT

4.2 7.0 0.16

61 Guam-Thailand and 32, West Coast to Kwajalein, 06B, 06C, 10, 11, 20-foot container 40-foot container MsT

6.3 10.5 0.24

12A, 16 (Hawaii – Far East), and 55 7, 12B, 12 C, 13, 54

20-foot container 40-foot container MsT

8.4 14.0 0.32

2.7 For the base year, BAF will be applicable only on those routes listed in the table above. USTRANSCOM will commission an effort to develop a BAF methodology encompassing all routes. Upon receiving a BAF methodology from the commissioned entity that is acceptable to the U.S. Government, the Contracting Officer shall unilaterally incorporate it into the Contract.

3 Currency Adjustment Factor (CAF)

3.1 Allowance

An allowance for fluctuations in foreign currency exchange rates shall be paid to Contractors or to SDDC for the routes shown in Table 2 below. The allowance shall be paid per freight payable unit of cargo. For containerized goods, these units are 20-foot and 40-foot containers. For breakbulk cargo, they are measurement tons.

3.2 Calculation

3.2.1 The compensation per freight payable unit shall be derived by calculating the difference between the one--month average exchange rate and the baseline exchange rate (subtract the baseline exchange rate from the one--month average exchange rate) , dividing this difference by the baseline exchange rate, the multiplying by the basic ocean freight times the technical factor. The technical factor is 0.15 all routes, Note that the General Section basic ocean freight is used to calculate CAF for all shipments eligible for CAF. The basic ocean freight does not include BAF in the calculation of CAF. Exchange rates are expressed as foreign currency per dollar.

3.2.2 The Currency Adjustment Factor is zero unless the one-month average exchange rate is at least 10% higher or 10% lower (inclusive) than the baseline average currency exchange rate. No CAF is payable on routes/countries not included in Table 2 below.

3.2.3 Base rates and differentials in currency exchange rates shall be computed for the currencies shown in Table

2. The applicable currency for payment shall be determined by the foreign port of discharge or load.

3.2.4 The source for exchange rates is XE.com. The base rate is the exchange rate published on the Monday which immediately precedes the date proposals are due for base or option periods.

3.2.5 A one-month average exchange rate shall be computed by SDDC for the Euro, Yen, Pound, and Won.

This average price shall be calculated on or after the first day of the month for the prior calendar month and shall apply to shipments booked for sailings in the following month. Example: The average exchange rates for calculation of CAF charges for March shall be calculated on or after February 01 and shall be based on exchange rates for January.

3.2.6 USTRANSCOM will commission an effort to develop a CAF methodology. Upon receiving a CAF methodology from the commissioned entity that is acceptable to the U.S. Government, the Contracting Officer shall unilaterally incorporate it into the Contract.

3.3 Payment

3.3.1 For shipments paid using PowerTrack/U.S. Bank: The CAF shall be fixed at the time of booking and shall be based on the date the booked vessel is scheduled to depart. When CAF is payable, shippers shall include the applicable CAF amount (plus or minus) to all shipments paid to the Contractor via their own documentation and payment system at the time that the original transactions are sent to PowerTrack. Contractors using the PowerTrack invoice procedure shall include the applicable CAF amount (plus or minus) in their invoice.

3.3.2 For all shipments other than those paid using PowerTrack/U.S. Bank, Contractors are responsible for indicating on their shipment invoice whether a currency adjustment payment is due them, whether no currency adjustment payment is to be made or whether a currency adjustment payment is due SDDC. If a currency adjustment payment is due the Contractor or SDDC, the Contractor shall compute the value of the payment (or credit) and indicate this on the shipment invoice. If there is no currency adjustment payment, the Contractor shall indicate on the invoice “No Currency Adjustment Payment”. CAF for authorized agent shipments shall be paid using this process.

Table 2. Routes and Currencies

Route Country Currency

01 Japan (includes Okinawa) Yen

01 S. Korea Won

05 and 11 United Kingdom Pound

05 and 11 Germany, Belgium, Netherlands Euro

06 and 12 Spain, Italy Euro

4. Fuel Adjustment Factor (FAF) No FAF will be payable for inland transportation during the Base Year of the contract. Prior to the 1st option period, USTRANSCOM will commission an independent study to develop a FAF methodology encompassing all CONUS and OCONUS inland routes. Upon receiving a FAF methodology from the commissioned entity that is acceptable to the U.S. Government, the Contracting Officer shall unilaterally incorporate it into the contract if and when the next option year is exercised.

5. Regulatory Compliance The Contractor shall comply with regulations of the Federal Maritime Commission and the Surface Transportation Board, Department of Transportation and/or other U.S. Governmental organizations, including local regulations at origin, destination and in-transit as may be applicable for service to the U.S. Government in carriage of cargo as set forth in this contract.

(End - Rate Rules and Provisions)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1000 Destination Government Destination Government 2000 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements AUG 1996 52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.212-4 Contract Terms and Conditions--Commercial Items FEB 2007 52.216-27 Single or Multiple Awards OCT 1995 52.219-9 Small Business Subcontracting Plan APR 2008 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-13 Certification of Toxic Chemical Release Reporting AUG 2003 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.247-5 Familiarization With Conditions APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7000 Disclosure Of Information DEC 1991 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

OCT 2006

252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government

JUN 2005

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.212-7000 Offeror Representations and Certifications- Commercial Items

JUN 2005

252.212-7001 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Deviation)

MAR 2008

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) APR 2007

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.228-7003 Capture and Detention DEC 1991 252.229-7005 Tax Exemptions (Spain) JUN 1997 252.229-7006 Value Added Tax Exclusion (United Kingdom) JUN 1997 252.229-7007 Verification of United States Receipt of Goods JUN 1997 252.233-7001 Choice of Law (Overseas) JUN 1997

CLAUSES INCORPORATED BY FULL TEXT

TCAQ 07-03 TASK AND DELIVERY ORDER OMBUDSMAN. (Jan 2007)

In accordance with FAR 16.505(b)(5), the following individual is designated Ombudsman, for all awarded USC-6 contracts. The Ombudsman is an independent official designated to review complaints and to ensure contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract. Consulting the ombudsman does not alter or postpone the timelines for any other processes. Interested parties should first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. If resolution cannot be made by the contracting officer, concerned parties may contact:

Mr. Dale Huegen Deputy Director, Acquisition Directorate of Acquisition Telephone Number: 618-256-4292 FAX: 618-256-4702 Email Address: dale.huegen@ustranscom.mil

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2008)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision --

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( )…