Attachment 1 - PWS.pdf

Attachment 1

HTC711-12-R-R003

Performance Work Statement

PERFORMANCE WORK STATEMENT

(PWS)

COMMERCIAL MULTI-MODAL TRANSPORTATION

HEADQUARTERS UNITED STATES TRANSPORTATION COMMAND

7122126 March 2012

TABLE OF CONTENTS

SECTION 1 – GENERAL REQUIREMENTS

SECTION 2 – EDI TRANSACTIONS

SECTION 3 – PERFORMANCE MEASURES

SECTION 4 - LIABILITY

SECTION 5 – DEFINITIONS

SECTION 1 – GENERAL REQUIREMENTS

1.1. REQUIREMENT FOR CARRIERS CONTRACTORS TO PARTICIPATE IN THE CIVIL RESERVE

AIR FLEET (CRAF) OR VOLUNTARY INTERMODAL SEALIFT AGREEMENT (VISA) AND

MAINTAIN GOOD STANDING

This contract is conditioned upon the cContractor (if the contractor is a team arrangement, applies to each team member) being an approved Department of Defense approved carrier not in a suspended non-use status (carriercarrier in good standing) participating in the Civil Reserve Air Fleet (CRAF) or Voluntary Intermodal Sealift Agreement (VISA) throughout the performance of this contract. For CRAF, the contractor shall be a U.S.

registered air carrier operating under Federal Aviation Regulations, Part 121, and possessing a current certificate issued by the FAA pursuant to Federal Aviation Regulations, Part 121. For VISA, the contractor shall be owner/operator of U.S. Flag vessels which are in compliance with the Cargo Preference Act of 1904.

1.1.1. Scope of Contract. The contractor shall provide all personnel, training, supervision, equipment, Prior Permission Requests (PPRs), Diplomatic Clearances (DIPS), and customs clearance procedures necessary to perform international commercial door-to-door and/or port-to-door transportation services to move DOD and other US Government approved cargo. Multiple modes (i.e. airlift, sealift, linehaul) of transportation may be used to move cargo to/from multiple zones globally. Cargo moved under this contract will not transit the Pakistan GLOC.

1.1.2. Zones have been established for procuring transportation services. All zones except for the zones followed by the letter P include linehaul in the rate. Zones 3P, 5P, 8P, 9P, 10P and 11P are for shipments the Government will deliver or pickup at the sea ports within the respective zones.

1.1.3. The contractor shall provide a Not-To-Exceed (NTE) all-inclusive price-per-pound rate for each of the zone-pairs identified in Attachment 4 – Zone-Pair Pricing Matrix, Tab NTE Rates. The NTE rate shall encompass all available modes of transportation, i.e. airlift, sealift, linehaul. During the period of performance, the Government reserves the right to add or delete zones as a result of changing mission requirements.

1.2. Cargo

1.2.1 Contractors are responsible to have proper equipment and personnel necessary to be self sufficient at all ports and installations. (Shippers will be responsible to load/unload ground conveyances at origin/final destination.)

Cargo may consist of containers, breakbulk , rolling stock, tricons and quadcons. (No commercial Flatracks or Open Top containers will be booked.)

1.2.2. Cargo may be booked as container or breakbulk cargo, depending on shipper requirements. Breakbulk or US Government-owned/leased containers will retain surface shipping configurations throughout transport, to include airlift. Breakbulk cargo may be containerized for sealift and/or linehaul convenience at no cost to the US Government.

1.2.3 Contractor-owned/provided containers will be unstuffed and reconfigured on commercial equipment (i.e. Air Pallets) prior to airlift, as described in subsequent sections, unless otherwise directed in writing by the Ordering Officer. For inbound shipments to Afghanistan, the cContractor is responsible for ensuring that all cContractor-owned/provided equipment remain in cContractor possession at all times.

1.3. Hazardous Cargo.

1.3.1 The Government will package, prepare, mark/label and certify all hazardous materials in accordance with AFMAN 24-204, International Civil Aviation Organization (ICAO) Directives, International Maritime Dangerous Goods Code (IMDGC) and Code of Federal Regulations, Title 49 (49 CFR). Cargo may include hazardous material Classes 2 through 9 as defined in the International Air Transportation Association (IATA) Dangerous Goods Regulation.

1.4. Required Delivery Date (RDD)

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1.4.1. The cContractor shall deliver all cargo in accordance with the Performance Measurements provided in Section 3 by the Required Delivery Date (RDD) specified in the accepted booking. Changes to the RDD will be granted only as defined below:

1.4.2. RDD is measured from the date the cargo is available for pick up until the date cargo is received by the consignee.

1.4.23. If the contractor accepts a booking/order and refuses to perform the service, this failure/refusal constitutes default and may result in action being taken by the Government.

1.4.34. When staging is directed by the US GovernmentCOR/Ordering Officer prior to RDD, as defined by Section 2 (AV guidance.), cContractor is recommitted to a new RDD in accordance with Section 2.

1.4.45. When a delay is authorized in writing by the COR/Ordering OfficerUS Government prior to RDD as defined by Section 2 (SD/BD guidance.), cContractor is recommitted to a new RDD in accordance with Section 2.

1.4.56. When consignee is unable to accept local delivery of cargo prior to RDD, as defined by Section 2 (AV guidance), the cContractor shall receive consideration for on-time delivery. However, due diligence shall be exercised to meet RDD or achieve delivery at the earliest possible time after RDD.

1.4.67. In instances where RDD relief is applicable, the cContractor must provide supporting documentation upon request of the cognizant SDDC COR, or upon request of the SDDC HQ Carrier Services Branch. Improper use of the, AV, or SD/BD transactions will result in a missed RDD against the associated shipment.

1.5. Delivery Notification and Receipt

1.5.1. Contractor shall schedule a date and approximate time for all deliveries with the consignee or consignee's agent at least 2 working days prior to any actual delivery of cargo.

1.5.2. Contractor shall not deliver cargo on the same day as notification unless approved by the consignee.

1.5.3. Contractor shall deliver cargo on a specific day if requested by the consignee provided the cContractor can accommodate the request using the cContractor’s normal service.

1.5.4. If the date the delivery is requested is later than the RDD, the shipment will be considered staged in accordance with AV guidance in Section 2-EDI Transactions.

1.5.5 . The cContractor shall provide a delivery receipt for the consignee or consignee’s agent to sign to acknowledge receipt of the containers or pieces and to annotate any exceptions.

1.5.6. The cContractor shall display a placard on the cargo or conveyance with identifying marks where required by local practice.

1.5.7. A signed delivery receipt with no damage noted does not preclude the US Government from pursuing a claim for damages discovered after delivery. If damage is later discovered, the Contractor contractor will be notified and requested to survey cargo.

1.5.8. Delivery receipt shall contain the following information: carrier, PCFN, IBS TCN, container number (if applicable), consignee DoDAAC, final destination location, truck number, driver name, date cargo arrived at final destination, date/time cargo in-gated at final destination, date/time cargo off-loaded at final destination, printed consignee name, consignee’s signature, remarks section. Additional information may be included as necessary.

Contractor shall maintain a copy of the delivery receipt and upon request provide said receipt to Government personnel.

1.6. Customs.

1.6.1. The cContractor shall provide duty-free customs clearance processing at both military-controlled and civilian-controlled ports in accordance with their commercial procedures and the Defense Transportation Regulation.

1.6.2. Customs clearance procedures and updates can be reviewed in the Defense Transportation Regulation (DTR) Part V, Department of Defense Customs/Border Clearance Policies and Procedures, which is available on the public web page at http://www.transcom.mil/j5/pt/dtr_part_v.cfm.

1.6.3. The contractor shall notify the COR within 24 hours if Ggovernment shipments are detained in customs.

1.6.4. Contractor will ensure that cargo remains within designated customs free zones and/or that cargo remains customs cleared by host nations. The contractor will be required to coordinate all activities with the host nation to implement the requirements in this work statement to include duty-free customs clearance, transit and landing rights.

1.7. Supply Chain Security.

1.7.1. The contractor shall follow their commercial surface and air security and customs procedures to safeguard all cargo against terrorism, theft, loss, tampering, or damage.

1.8. Exceptions to Normal Service

1.8.1 Cancellation/No Shows

1.8.1.1 The Government may unilaterally cancel any portion of the Multimodal booking/ movement without penalty, provided notification is given to the contractor. The Government will provide cancellation notice at least 24 hours prior to scheduled pickup or scheduled departure. Large-scale cancellations or long term reduction of requirements will not normally be covered by this paragraph. Special situations shall be addressed by the Contracting Officer.

1.8.1.2. The contractor shall notify the COR of cargo not tendered to the contractor in time to meet the booked departure that has not been cancelled or rebooked.

1.8.1.3. For cargo that misses the booked departure through no fault of the cContractor, the cContractor shall move cargo on the next scheduled departure after receipt of cargo from the US Government. Contractor shall notify shipper and origin Ordering Officer at time of occurrence.

1.8.1.4. When the US Government notifies the Ccontractor cargo is not available for a booked movement, the cContractor shall then designate a new vessel, aircraft, or other mode of conveyance based on the revised availability of cargo. Should the “roll over” cargo not show for the follow on designated departure, the booking shall be cancelled and the cargo rebooked.

1.8.1.5. The cContractor shall in no event hold the US Government liable for demurrage, dead freight or associated charges by failing to release cargo in time to meet a specified pickup.

1.8.2. Rerouting of Cargo

1.8.2.1 Any changes in the booked routing must be coordinated with the Ordering Officer. Delays due to route changes made by the contractor will not result in additional monetary compensation. If the Government reroutes cargo compensation will be negotiated on a case-by-case basis.

1.8.3. Staging

1.8.3.1 The cContractor shall stage cargo upon written request of the Contracting Officer/COR. After written request by the Contracting Officer/COR or its designated local authority for release from staging, the Ccontractor shall commence on-carriage within 1 business day.

1.8.4. Broken/Replacement of Seals

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1.8.4.1. The cContractor shall notify the shipper, Ordering Officer, and COR electronically within 24 hours of discovery that cargo has been tampered with and if a seal on unit cargo has been broken and/or replaced while the cargo is in the possession of the cContractor. A complete written report of the circumstances and reasons shall be provided to the cognizant COR.

1.9. Cargo Concealment

1.9.1. The cContractor will conceal/cover any non-containerized cargo that is in the open on a given conveyance.

The Ccontractor shall provide necessary material to cover cargo completely so that the cargo is concealed from view while being transported. Concealment materials shall be weather resistant, non-transparent and shall remain secured and in place during the complete transit of cargo. The cContractor shall repair or replace any material used for concealment if damaged in transit. In addition, concealment material shall remain on the cargo until final destination unless otherwise directed by the US Government. The cContractor shall be responsible for the removal and the disposal of such material, unless otherwise directed by the US Government.

1.9.2. Concealment material may include tarps, crates, and any other material deemed necessary, by mutual agreement between the Ccontractor and the Ordering Officer. The US Government may request specific material depending on the nature of the cargo.

1.10. Contractor-Provided Equipment

1.10.1. Container Standards.

Upon request, 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, International Maritime Organization (IMO), and Convention of Safe Containers (CSC) standards. (No Commercial Flatracks or Open Top Containers will be booked.)

1.10.1.1. Substitution of Equipment:

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

1.10.1.2. Chassis Requirements.

For origin CONUS shipments, any 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 US 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.

1.10.2. Providing Empty Containers to Shippers

1.10.2.1 Spot Date

1.10.2.1.1. At least 24 hours prior to the spot date annotated in the booking, the cContractor shall notify the cognizant Ordering Officer and shipper of any containers, which cannot be spotted to meet booking requirements.

1.10.32.2 Drop and Pick Service

1.10.32.1. The cContractor shall spot the requested equipment at the location on or before the date and time specified in the booking.

1.10.32.2. When requested by the Ordering Officer, the cContractor shall provide drop and pick service at no additional cost to the Ggovernment.

1.11. US Government Furnished Containers (GFC)

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1.11.1. The cContractor shall provide a chassis for GFC shipments, 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.

1.11.2. The cContractor shall be liable for loss or damage to the GFC resulting from the cContractor’s negligence while in the contractor’s possession.

1.11.3. GFC includes 8.0’- 9.5’ high x 8’ wide x 20/40’ long ISO dry cargo containers, reefer containers and flat racks. GFC may be Ggovernment-owned or leased containers.

1.11.4. Contractor has the right to refuse a GFC for shipment if it is not properly numbered, or that does not comply with ISO, IMO and CSC Standards. Contractor shall coordinate with cognizant COR before performing any services for an improperly numbered container. When a GFC is booked as breakbulk, the contractor does not have the right to refuse an improperly numbered GFC or one that does not comply with ISO, IMO and CSC Standards..

Contractor shall coordinate with cognizant COR before performing any services for an improperly numbered container.

1.12. Containerization for the Convenience of the Contractor

1.12.1 For breakbulk cargo booked by the US Government, the cContractor may, in its discretion, containerize such cargo for its own operational convenience without any additional cost or expense to the US Government. However, breakbulk cargo containerized for Contract convenience must be de-containerized and made available for customer pick up within 2 working days after discharge, and is considered breakbulk cargo.

1.13. Defense Logistics Agency-Energy Ground and Aviation Fuel.

1.13.1. Defense Logistics Agency - Energy (DLA-E) Ground and Aviation Fuel. If the contractor is authorized to purchase fuel from DLA-E, a Fuel Purchase Agreement (FPA) must be completed. DD Form 1896 DOD Fuel Identaplates will be prepared for the prime contractor (carrier) and the prime contractor may distribute the identaplates out to their respective subcontractor(s). The identaplate will reflect the prime contractor’s DoDAAC account and other information needed by the contractor to identify their subcontractor. It is the responsibility of the prime contractor to manage and account for the identaplates. Cash purchases are not authorized. Payment for fuel is a carrier contractor responsibility and is not a reimbursable expense.

1.13.2. In Iraq and Afghanistan, iIf DLA-E fuel supply levels become a concern, the Government reserves the right to restrict the amount of fuel to be uplifted or rescind the contractor’s ability to purchase DLA-E fuel.

1.13.3. Additional information can be found at http://www.desc.dla.mil/dcm/files/desc-i-3.pdf.

1.14. Exterior Cargo Rinsing Service

1.14.1. The purpose of cargo rinsing service is to remove road dirt and other contaminants from cargo that was cleaned and found to be acceptable for entry into the US prior to tendering to the Ccontractor. Contractor shall clean cargo to a condition acceptable for entry.

1.14.2. Includes costs to move cargo to the rinse facility or to move rinse equipment to the cargo.

1.14.3. The cContractor may choose where to perform the rinsing service unless location is specifically directed by the Oordering oOfficer.

1.14.4. Contractor shall re-rinse cargo at POD if rejected by customs/agriculture authorities, at no cost to the US Government if it is determined that rejection occurred at fault of cContractor.

1.14.5. For cargo containerized by the US Government, rinsing service applies to exterior of container. For cargo containerized at Ccontractor’s convenience, rinsing applies to exterior of cargo.

1.15. Other Services.

1.15.1 Exterior Cargo Washing Service

1.15.1.1. All cargo entering the US must be free from contaminated soil and pests. “Cargo will not be loaded aboard a final conveyance in a foreign country, for movement to the US, unless it is free of animal and plant contamination or pest infestations as required by the US Port of entry Customs Border Protection-Agriculture Inspection Service officials (CBP-AIS) and USDA Animal and Plant Health Inspection Services (APHIS).”

Washing of cargo must comply with the following: 7 CFR 330.300, Defense Transportation Regulation (DTR) 4500.9R, Part V, Chapter 502, 505, and Chapter 506. Detailed cleaning and inspection procedures can be found in the Armed forces Pest Management Board Technical Guide No. 31, Contingency Retrograde Wash-downs:

cleaning and Inspection Procedures.

1.15.1.2. Accessorial Rate includes costs to move cargo to the wash facility or to move the wash equipment to the cargo.

1.15.1.3. The cContractor may choose where to perform the washing service, unless the location is specifically directed by the Ordering Officer.

1.15.1.4. Contractor shall re-wash cargo at POD if rejected by customs/agriculture authorities at no cost to the US Government if it is determined that rejection occurred at fault of cContractor.

1.15.1.5. For cargo containerized by the US Government, washing service applies to exterior of container. For cargo containerized at Ccontractor’s convenience, washing applies to exterior of cargo.

1.15.2. Interior Cargo Washing Service.

1.15.2.1. The vehicle cab and all interior storage and tool compartments must either be swept, compressed air cleaned, sprayed with water, and/or wet/dry vacuumed; including the floor, under the seats, trunk, spare tire & spare tire well. When utilizing water pressure machines or steam to clean, cover the dashboards and areas where electronics may be damaged with plastic or other protective lining prior to starting. The focal point of the interior cleaning should be the floorboard area, including lower compartments utilized for storage where most soil accumulates.

1.15.2.2. Accessorial Rate includes costs to move cargo to the wash facility or to move the wash equipment to the cargo.

1.15.2.3. The Ccontractor may choose where to perform the washing service, unless the location is specifically directed by the Ordering Officer.

1.15.2.4. Contractor shall re-wash cargo at POD if rejected by customs/agriculture authorities at no cost to the US Government if it is determined that rejection occurred at fault of Ccontractor.

1.15.3. Warehousing. -The Government may elect to add this service as required. Contract holders will have the opportunity to offer rates at that time.

1.15.4. Perishables Transportation. -The Government may elect to add this service as required. Contract holder will have the opportunity to offer rates at that time.

1.16. Transportation Discrepancy Reports (TDR)

1.16.1. The contractor shall respond to Transportation Discrepancy Reports (TDR), SF-361 in accordance with the Defense Transportation Regulation (DTR), Part II, Cargo Movement section when required.

1.17. Contractor Personnel.

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1.17.1. The contractor shall provide an English speaking Program Manager who shall be responsible for the performance of the work. The name of this person shall be designated in writing to the Contracting Officer prior to the contract start date.

1.17.2. Customer Service-The cContractor shall submit points of contact who can respond to US Government activities on a 24/7 basis to provide expert assistance in answering questions, exchanging information, and resolving problems. The cContractor shall provide specific points of contact no later than 7 days after contract award.

1.17.3. The contractor shall attend periodic performance review and feedback meetings (e.g., quarterly, semi-annual, or annual) at no additional charge. Contractor shall not use this meeting as an opportunity to promote their products and services.

1.17.4. Security (Physical, Personnel, Information, Industrial, Anti-terrorism and Force Protection Requirements).

1.17.4.1. While on military installations or on military portions of civil installations, contractor personnel shall comply with security regulations promulgated by the military installation commander. Security regulations are directive in nature and shall be adhered to by all contractor personnel. In addition, the contractor shall (consistent with their commercial procedures), provide a method to protect the integrity and proper functioning of all equipment and systems involved in the operation of this contract. Any equipment and information processing systems containing gGovernment information shall have security measures to protect against unauthorized disclosure. The contractor personnel shall carry proper identification at all times and easily be recognizable as a contractor.

1.17.4.2. General Security Information: The work associated with this PWS will be UNCLASSIFIED and does not require a DD 254. Classified access/information is not authorized in support of these deliverables by contract personnel. Classified access will not be given to Foreign Nationals IAW DoD 5200.2-R, Chapter 3, Section C3.4.3.

1.17.4.3 Common Access Card Eligibility and Issuing Procedures

1.17.4.3.1. Contractors may be allowed CAC’s under this contract if the following conditions are met and are approved by the COR/KO or Functional Manager for the contract:

1.17.4.3.2. CAC’s will be issued only to United States Citizens for this contract. Foreign Nationals will not be allowed CAC’s unless they possess a legal residence status within the United States for a minimum of 3years and obtain a positive result from FBI fingerprint check, and an initiated National Agency Check with Written Inquiries (NACI) through the USTRANSCOM Security Services Center. (The details outlined in Attachment 3 of DTM 08- 003, Subparagraph 3(b/c/d) do not apply in respect to foreign nationals and contractor CAC issuance)

1.17.4.3.3. CAC’s will not be issued to personnel that are in located in CONUS and who do not have physical access to a base on a frequent basis. Frequency is identified by installation access for four (4) days a week with a desk, phone and computer on this installation (Scott Air Force Base Instruction 31-101. This is a controlled publication and may only be accessed by personnel on the EIM site for Scott AFB).

1.17.4.3.4. Those personnel who need access to an installation may obtain the Transportation Worker Identification Card (TWIC) for CONUS bases and sites only. The TWIC and the Defense Biometric Identification Database System will allow for installation access in CONUS. Contractors with TWIC’s will be required to register at each installation in the DBID’s. TWIC’s can be obtained by going to the following website (http://www.tsa.gov/what_we_do/layers/twic/index.shtm) and the successful completion of the prescribed application process. USTRANSCOM or HQ SDDC does not facilitate any TWIC issuance or investigation process for the TWIC.

1.17.4.3.5. CAC’s will not be issued to contractor personnel OCONUS or at forward operating bases if there exists another access control identification card. The CAC will only be issued if another identification card does not exist.

CAC’s are primarily used for logical access to Ggovernment networks and the CAC will not be primarily used only for physical access if other credentials exist.

1.17.4.3.6. If personnel are approved for CAC’s by the Contracting Officer (KO) or Contracting Officer Representative (COR) the name and social security number will be forwarded to the USTRANSCOM Security Services Center for validation of background investigation levels. Upon notification by the SSC that contractor personnel meet the required investigative and clearance levels, the personnel may be loaded by the decision of the KO/COR or functional manager in CVS for an expiration on their CAC for the base year, plus two option years, for a three year total, if the contract is fully funded. If the contract is unfunded or funded on a yearly basis requiring recertification of funding by USTRANSCOM TCAQ/TCJ8, CACs will only be loaded for the current period of performance. All CAC issuance will be based on the favorable NACI investigation.

1.17.4.3.7. If a NACI package is returned under a NO DETERMINATION MADE disposition from the clearance adjudication facility (CAF) then it will be reviewed by three levels within USTRANSCOM Force Protection to accept the risk and allow for the CAC to be retained. If the determination is made to not allow for a CAC to be retained the Chief of Force Protection for USTRANSCOM will be the final determination and the contract company will be notified that the CAC will be returned.

1.17.4.4. Visits to USTRANSCOM/HQ SDDC Building

1.17.4.4.1. All visit(s) by contractor personnel to USTRANSCOM or HQ SDDC will require an electronic visit request be submitted using the Joint Personnel Adjudication System (JPAS). JPAS visits can be forwarded to the Security Management Office (SMO) code: USTC-SDDC. The visit request will annotate the contract number in the POC block of the visit request and the name of the COR/CO in the phone number block. Visits may be initiated for the base or option year period only and not the entire duration of the contract.

1.17.4.5. Additional Security Conditions

1.17.4.5.1. Upon completion of this contract, the contractor’s personnel shall surrender all Government supplies, materials and equipment to the COR or designated representative. All contractor personnel assigned to this contract and located at Scott Air Force Base will out-proccess through the Security Services Center. Any assigned contractor personnel who possess security badges shall turn in those badges into the issuing authority it was derived from during out-processing. Contractor personnel shall out-process on the last day of the contract or upon termination or reassignment from duties under this contract. All CAC’s issued in support of this contract regardless of where they were issued, will be returned to the Trusted Agent (TA) in the Contract Verification System (CVS) at USTRANSCOM for return to the Security Services Center for accountability in the system. The contractor will send the CAC to USTRANSCOM through certified mail to track the credential.

1.17.4.5.2. The Government shall ensure the roles/privileges assigned to contractor personnel on the Government computing platforms are limited to the roles/privileges essential to that individual’s performance of his/her assignments. The Government may limit or revoke these roles or privileges for any reason.

1.17.4.5.3. If the Government notifies the contractor that the employment or the continued employment of any contractor personnel is prejudicial to the interests or endangers the security of the United States of America, that employee shall be removed and barred from the worksite. This includes security deviations/incidents and credible derogatory information on contractor personnel during the course of the contract’s period of performance. The contractor shall make any changes necessary in the appointment(s).

1.17.4.6. Security Regulation Guidance:

Department of Defense (DOD):

2000.16 (DOD Antiterrorism (AT) Standards) 5200.1-R (DOD Information Security Program) 5200.2-R (DOD Personnel Security Program) 5200.08-R (DOD Physical Security Program) 5220.22-M (National Industrial Security Program)

8500.1 (Information Assurance (IA)

2000.12 (DOD Antiterrorism (AT) Program)

8500.2 (Information Assurance (IA) Implementation)

DOD regulations found at: http://www.dtic.mil/whs/directives/corres/pub1.html

Scott Air Force Base:

SAFB Instruction 31-101 (Installation Security Instruction) (Restricted publication. Sent only to .mil domains when forwarding. Not for public distribution.)

USTRANSCOM Instruction 31-11 (USTRANSCOM Security Program)

Forms:

DD 254, DOD, Contract Security Classification Specification

DOD forms found at:

http://www.dtic.mil/whs/directives/corres/pub1.html

USTRANSCOM Force Protection (Industrial Security) Points of Contact:

Patrick Collins or Steven Strait 508 Scott Drive Security Services Center (SSC) Scott AFB IL 62225 Commercial: 618-220-6550/6531 (respectively) Email at Patrick.Collins@ustranscom.mil or Steven.Strait@ustranscom.mil

USTC FP Approval: Patrick Collins, 24 February 2012 DD 254 is attached USTC FP Tracking #: USTRANSCOM-FP-00005-12 USTC J3 Force Protection organizational e-mail address: ustc-securityservicescenter@ustranscom.mil HQ SDDC G3 e-mail organizational e-mail address: usarmy.scott.sddc.mbx.omb-for-hq-coc@mail.mil

1.17.5. Subcontractor Responsibility. The contractor shall determine the responsibility of its prospective subcontractors. The Contractor is responsible for the delivery of services required by the booking. This responsibility extends to the performance of any other provider the Contractor may subcontract to in order to perform the services ordered. Special factors related to performance of this contract may compel the contracting officer to assist in the determination of subcontractor responsibility. These factors include critical requirements, substantial subcontracting, safety concerns, risk of terrorism and hostilities, and rapidly changing organizational forms of subcontractors that mask prior performance records and relationships with affiliated concerns.

Periodically, the contracting officer shall make available to the contractor the name of potential subcontractors with questioned responsibility. These names shall be periodically updated to reflect more recent information and changing evaluations. The contractor shall not allow named entities to perform any role in performance of a task order under this contract unless it first provides written evidence to the contracting officer that affirmatively demonstrates to the contracting officer's satisfaction the responsibility of the proposed subcontractor.

1.17.5.1. When subcontracting for air transportation, the contractor shall use CRAF carriers to meet the requirement. CRAF participant carriage is required when the consignor or consignee is at one of the following locations and/or all flights transiting the following locations: Bagram, Mazar-i-Sharif, Kandahar, Kabul, and Bastion. If CRAF carriers are restricted from operating at a location (other than those listed above), or technical requirements (cargo size or weight) require aircraft not available by CRAF carriers, the contractor shall only use carriers capable of performing the service and, at a minimum, comply with the technical requirements identified in the CENTCOM Safety and Audit Oversight Checklist.

1.17.5.1.1. The contractor is required to ensure the completion of the safety and audit oversight program on all Non-DoD Approved subcontracted air carriers. At a minimum, the contractor shall ensure compliance with the technical requirements identified in the attached CENTCOM Safety and Audit Oversight Checklist. This assessment will be based upon a safety audit performed by the contractor or an independent International Air Transport Association (IATA) accredited 3rd party audit organization. AMC/A3B approved US-flag or foreign flag subcontractors are exempt from the audit as long as they remain on the AMC/A3B DoD-approved carrier listing. In addition, the contractor shall not use carriers listed on the European Banned Carrier Listing at http://ec.europa.eu/transport/air-ban/list_en.htm.

1.17.5.1.2. Following completion of each safety audit, the contractor shall issue a “Statement of Compliance” to the contracting officer affirming each subcontractor complies with the technical requirements of paragraph 1.17.5.1.1.

above. This certificate shall be valid for 24 months. The contractor must develop a subcontractor audit program that provides for an onsite audit of subcontractors at least every 24 months in order to issue subsequent “Statements of Compliance.”

1.17.5.1.3. Within 90 days of contract award, the contractor shall provide the contracting officer a complete MS- Excel spreadsheet listing of all foreign flag subcontractors used in performance of this contract. The information shall include the carrier’s name, aircraft type, aircraft registration number, aircraft country of operating certificate, and the date of the contractor’s last audit on the subcontractor. Any subcontractor changes shall require the contractor to provide an updated list to the contracting officer within five business days. Note: The Government retains the right to request copies of all completed audit reports.

1.17.5.1.4. Incident Reporting. In the event of an air, surface, or ground safety incident in CENTCOM AOR, the contractor shall immediately notify the CDDOC (Tel: 011-965-2389-5217), AMD/APCC (Tel: 011-974-458-9555, after prompt enter 436-4186) , and the Contracting Office (Tel: 618-220-7083/7118). The contractor shall state their name, whom they represent, incident type, incident location, aircraft or vehicle type, aircraft tail number, and incident time (Zulu). Additionally, the contractor shall forward the CDDOC, AMD/APCC, and Contracting Office a completed Incident Report Form documenting the circumstances surrounding the incident within 2 hours (to include copies of the cargo manifest). Contractor will also notify the cognizant SDDC Contracting Officer Representative (COR) in the affected AOR.

1.17.5.2. When subcontracting for sea transportation, the contractor shall use U.S. Flag DOD-Approved VISA carriers when available to meet the requirement. The Contractor shall use the VISA priorities when making alternative service arrangements and shall not use a lower VISA priority than that identified in the awarded booking without approval of the Contracting Officer.

1.18. Freight Reporting

1.18.1. Contractors are required to submit monthly report based on all completed shipments made during the reporting period. Reports will be submitted electronically to the Contracting Officer (or designated representative) by the 20th of each month following the preceding calendar month. For instance, a report covering data for the month of May shall be due on June 20. The report shall be in Microsoft Excel for Windows “.xls” format broken down to the PCFN level and contain the following data elements:

1. PCFN

2. Booked weight

3. Actual Scale weight

4. Dimensional Weight

5. Billed weight

1.19. CONOPS:

1.19.1. Upon Government request, cContractor will provide a complete CONOPS report to SDDC-G3 for review prior to cargo being booked. CONOPS requirements will be provided at time of the request.

1.20 Vessel Schedules

1.20.1. For service between countries or ports where multi-modal service is required, the Ccontractor shall provide and maintain schedules in Integrated Booking System (IBS) prior to submission of the spot bid. Vessel schedule changes that occur prior to scheduled departure may result in cancellation of booked cargo at no cost to the US Government.

1.21 Subcontracting

1.21.1 Subcontractor Responsibility. The contractor shall determine the responsibility of its prospective subcontractors. The Ccontractor is responsible for the delivery of services required by the booking. This responsibility extends to the performance of any other provider the Ccontractor may subcontract to in order to perform the services ordered. Special factors related to performance of this contract may compel the Ccontracting oOfficer to assist in the determination of subcontractor responsibility. These factors include critical requirements, substantial subcontracting, safety concerns, risk of terrorism and hostilities, and rapidly changing organizational forms of subcontractors that mask prior performance records and relationships with affiliated concerns.

Periodically, the Ccontracting Oofficer shall make available to the contractor the name of potential subcontractors with questioned responsibility. These names shall be periodically updated to reflect more recent information and changing evaluations. The contractor shall not allow namedthose entities identified by the Contracting Officer to perform any role in performance of a task order under this contract unless it first provides written evidence to the Ccontracting oOfficer that affirmatively demonstrates to the Ccontracting oOfficer's satisfaction the responsibility of the proposed subcontractor.

1.21.2. When subcontracting for air transportation, the contractor shall use CRAF carriers to meet the requirement.

CRAF participant carriage is required when the consignor or consignee is at one of the following locations and/or all flights arriving at and/or departing from the following locations: Bagram, Mazar-i-Sharif, Kandahar, Kabul, and Bastion. If CRAF carriers are restricted from operating at a location (other than those listed above), or technical requirements (cargo size or weight) require aircraft not available by CRAF carriers, the contractor shall only use carriers capable of performing the service and, at a minimum, comply with the technical requirements identified in the CENTCOM Safety and Audit Oversight Checklist.

1.21.2.1. The contractor is required to ensure the completion of the safety and audit oversight program on all Non- DoD Approved subcontracted air carriers. At a minimum, the contractor shall ensure compliance with the technical requirements identified in the attached CENTCOM Safety and Audit Oversight Checklist. This assessment will be based upon a safety audit performed by the contractor or an independent International Air Transport Association (IATA) accredited 3rd party audit organization. AMC/A3B approved US-flag or foreign flag subcontractors are exempt from the audit as long as they remain on the AMC/A3B DoD-approved carrier listing. In addition, the contractor shall not use carriers listed on the European Banned Carrier Listing at http://ec.europa.eu/transport/air-ban/list_en.htm.

1.21.2.2. Following completion of each safety audit, the contractor shall issue a “Statement of Compliance” to the Ccontracting oOfficer affirming each subcontractor complies with the technical requirements of paragraph

1.17.5.1.1. above. This certificate shall be valid for 24 months. The contractor must develop a subcontractor audit program that provides for an onsite audit of subcontractors at least every 24 months in order to issue subsequent “Statements of Compliance.”

1.21.2.3. Within 15 days of contract award, the contractor shall provide the cContracting Oofficer a complete MS- Excel spreadsheet listing of all air foreign flag subcontractors used in performance of this contract. The information shall include the carrier’s name, aircraft type, aircraft registration number, aircraft country of operating certificate, and the date of the contractor’s last audit on the subcontractor. Any subcontractor changes shall require the contractor to provide an updated list to the Ccontracting oOfficer within five business days. Note: The Government retains the right to request copies of all completed audit reports.

1.21.2.4. Incident Reporting. In the event of an air, surface, or ground safety incident in CENTCOM AOR, the contractor shall immediately notify the CDDOC (Tel: 011-965-2389-5217), AMD/APCC (Tel: 011-974-458-9555, after prompt enter 436-4186) , and the Contracting Office (Tel: 618-220-7083/7118). The contractor shall state their name, whom they represent, incident type, incident location, aircraft or vehicle type, aircraft tail number, and incident time (Zulu). Additionally, the contractor shall forward the CDDOC, AMD/APCC, and Contracting Office a completed Incident Report Form documenting the circumstances surrounding the incident within 2 hours (to include copies of the cargo manifest). Contractor will also notify the cognizant SDDC Contracting Officer Representative (COR) in the affected AOR.

1.21.3. When subcontracting for sea transportation, the contractor shall use U.S. Flag DOD-Approved VISA carriers when available to meet the requirement. The Ccontractor shall use the VISA priorities when making

Formatted: Plain Text alternative service arrangements and shall not use a lower VISA priority than that identified in the awarded booking without approval of the Contracting Officer.

1.21.4. Subcontracting Report. Annually, the contractor is required to submit a subcontracting report that includes information on subcontract awards to Afghanistan and Central and Southern Asia States (CASA) entities. CASA states include Georgia, the Kyrgyz Republic, Pakistan, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Uzbekistan, and Turkmenistan. The report shall identify the total dollars subcontracted and the total dollars subcontracted to Afghan and CASA entities broken out by the individual states. The report is due within 20 calendar days after the end of an annual performance period.

The Contracting Officer will evaluate the report and document the contractor’s Contractor Performance Assessment Reporting System (CPARS) report on how well the contractor performed in meeting its stated goals identified in the contractor’s subcontracting plan.

1.21 Service Changes

1.21.1. Notification

1.21.1.1. 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.

1.21.1.2. 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.

1.21.1.3. Dry-Dock Initiated Service Change

The Contractor shall notify the Contracting Officer in writing of scheduled dry dockings at least 45 days prior to the scheduled dry-dock date. The Contracting Officer must be notified in writing of any emergency dry-dock requirement affecting published schedules.

1.22. Prior Permission Required (PPR) Process.

1.22.1. The Government will provide the contractor with all cargo data necessary for the completion of aircraft clearance including customs, and similar documents. The contractor shall retain responsibility for furnishing appropriate agencies all required manifest, and border clearance documents, covering all cargo aboard the aircraft upon entry into the foreign country. The contractor shall also be responsible for payment of any charges, fees, or taxes based upon use of terminal facilities by or for cargo. The Government is not obligated to pay, or reimburse the contractor for payment, of any such charges. The International Flight Information Manual (IFIM) in conjunction with the host nation’s Aeronautical Information Publication (AIP) includes the process and/or points of contacts for obtaining civilian clearances. When a foreign country requires that a carrier under contract to USTRANSCOM submit a clearance request through US diplomatic channels for approval, this fact, along with the procedures to be followed, will be noted in the DOD Foreign Clearance Guide (FCG), DoD 4500.54-M, https://www.fcg.pentagon.mil. Contractors shall adhere to the guidelines outlined in this appendix when operating missions under this contract that require clearances to be submitted through US diplomatic channels and shall consult the DOD Foreign Clearance Guide for specific US Defense Attaché Office (USDAO) requirements or country restrictions to supplement IFIM and AIP requirements. Contractors can obtain a user name and password for access to the on-line FCG by contacting HQ USAF/A5XP by e-mail at fcg@pentagon.af.mil or by calling (703) 614-0130.

Formatted: Plain Text

1.22.2. The contractor shall adhere to the theater application process and operate in accordance with the approved PPR. It is the contractor’s responsibility to be aware of all airfield restrictions outlined in the NOTAMS. NOTAMS can be found at the following website: https://amccisaf.nc3a.nato.int/default.aspx.

1.22.3. Contractor will obtain PPRs prior to each airlift mission through the CDDOC or respective airfield managers. Additional information on airfield slot times for all strategic, fixed-wing flights can be obtained from the following website: https://amccisaf.nc3a.nato.int/default.aspx.

1.22.4. In the event the contractor cannot comply with the approved PPR, the contractor shall immediately coordinate with the local airfield manager and the CDDOC.

1.22.5. The contractor is responsible for obtaining necessary landing rights or privileges and visas, passports, restricted area passes and gate passes for crews, route support personnel and contractor employees to ensure total compliance with all local security requirements.

1.22.6. The contractor shall comply with all International Over flight Requirements.

1.22.7. Aircraft Recovery Process.

1.22.7.1. Within 12 hours, the contractor will provide an aircraft recovery plan identifying their process to repair and remove the aircraft. The contractor will provide daily status information to the Senior Airfield Authority, AMD/ALCT, CDDOC, and Ccontracting oOfficer on the progress to repair/remove the aircraft.

1.22.7.2. The Government reserves the right to move the aircraft, at any time, off the active runway, taxiway or parking spot to another area as operational requirements dictate. The contractor shall be charged associated costs for movement of the aircraft.

1.22.8. Pre-Alert Notification.

1.22.8.1. No later than (NLT) 12 hrs prior to arrival, the contractor shall provide the destination Aerial Port with the cargo arrival date, time, and quantity.

1.22.8.2. The contractor shall provide an English speaking contractor representative, in person or via telephone, during aircraft or truck arrival or departure. This representative shall be responsible for providing necessary information and coordinating with Government personnel and have the full authority to react to and effect necessary changes.

1.23 Driver Free Time and Driver Wait Time

1.23.1 Driver fFree Ttime will commence once the Ccontractor has notified the consignor or consignee that the cargo is available for loading or unloading. Cargo is considered available for loading or unloading when placed in a location so it can be immediately accessed for loading or unloading within the consignor or consignee's normal operating hours or acceptance hours. If the consignor or consignee requires pickup or delivery appointments, wait time spent due to early or late arrivals will not count towards free time. If a Ccontractor is prepared to position its conveyance for loading or unloading, but is prevented from doing so due solely to a US Government delay, driver free time will commence at that time. Driver Ffree time shall not commence unless, and until, the Ccontractor has notified the consignor or consignee that its conveyance is at the shipping or receiving facility but is unable to position its conveyance for loading or unloading due to a US Government delay.

1.23.2 If loading or unloading is not completed by the close of business for that location, time will resume at the beginning of the next business day.

1.23.3 Driver wait time shall start when driver free time ends. Driver wait time shall end when consignor or consignee notifies the Ccontractor in writing that loading or unloading has been completed and that the conveyance is available for pickup. Such notification shall constitute release of cContractor’s equipment.

1.23.4 All requests for driver wait time payments based on US Government delays must be submitted to the cognizant COR or direct booking shipper for validation and must…