Attachment_2_-_Performance_Work_Statement_(Amend_01 _28_Feb_13).pdf

28 FEB 13

PERFORMANCE WORK STATEMENT (PWS)

FOR

NATIONAL AFGHAN TRUCKING II (NAT II)

6 February 2013 28 February 2013

EXHIBIT 2 – SITUATION REPORT

1. GENERAL

1.1. Introduction. National Afghan Trucking (NAT) provides a secure and reliable means of distributing reconstruction material, security equipment, fuel, miscellaneous dry cargo and life support assets throughout the Combined Joint Operations Area – Afghanistan (CJOA-A) to and from Forward Operating Bases (FOBs), Combat Out Posts (COPs) and other designated delivery sites.

1.2. Background. United States Government (USG) elements within the CJOA-A operating under Title X or Title XXII authority require distribution support for providing logistics transportation support to USG operations. To meet identified distribution support the USG requires contracted commercial logistics transportation distribution of various classes of supply, including but not limited to reconstruction materials, security equipment, and life support items throughout the CJOA-A (reference Appendix 1 for historical workload data) in order to meet combat service support and movement needs.

1.3. Objectives. This Performance Work Statement (PWS) describes the USG‟s requirement for contracted trucking services that provide timely, reliable and secure distribution of all classes of supply or assets except Class V (Ammunition). Required contracted trucking services will move cargo to and from FOBs, COPs, and other designated delivery sites located throughout the CJOA-A. Identified support will be conducted in accordance with published guidance regarding use of Title X and Title XXII funds, to include identified USG programs (i.e. Lift and Sustain program with Coalition Forces).

1.4. Scope. The contractor shall provide all non-personal services, including but not limited to:

personnel (drivers, dispatchers, etc.)

equipment (truck, straps, binders, etc.)

tools (winch, self-recovery or repair assets, etc.)

Materials (dunnage, tarps, etc.)

supervision (managers, accountants, etc.)

other items necessary to provide the safe, timely & reliable transportation

This includes proactive and competent management; well maintained logistics support resources, and trustworthy employees and subcontractors as necessary to facilitate dependable movement of cargo from origin to destination. Services shall include the secure ground transportation of Class I, II, III, IV, VI, VII, VIII, IX, X and multi-class cargo shipments throughout Afghanistan as defined in this PWS. When requested, the contractor shall provide shipping containers to be used for cargo transportation. The contractor shall provide all management and logistics support resources necessary to pick-up cargo (material or equipment) at origin and deliver cargo to destination on Required Delivery Date (RDD) established by USG. The contractor shall be responsible and accountable for the integrity of the entire transportation process and the protection of the cargo from loss or damage while cargo in the contractor‟s care. The contractor shall notify the USG immediately upon learning it, the contractor, may be unable to meet any of the PWS requirements, as any delay or failure in contract performance could impact Department of Defense (DoD) personnel and the DoD‟s mission.

Transportation services include secure movement of supplies or equipment throughout Afghanistan / CJOA-A as defined in this PWS. Contractor shall be responsive, timely (i.e. meet all RSDs, RLDs, and RDDs) and adhere to all assigned movement requirements in theater (substantiated by ITV snapshots) to include, but not limited to, the TMR process. Contractor shall operate single assets or convoys to and from any location within the CJOA-A, as directed on the official mission sheet. Contractor retains responsibility to provide assets and drivers able to accomplish missions anywhere in Afghanistan. Transportation services include movement of:

Class I – subsistence, gratuitous health items, etc.

Class II – clothing, individual equipment, etc.

Class III – petroleum, oil & lubricants, etc.

Class IV – construction materials

Class VI – personal demand items

Class VII – major end items

Class VIII – medical material

Class IX – repair parts and components, etc.

Class X – non-military material

Multi-class cargo

Class V – ammunition will not be moved using NAT II movement

CONTRACTOR shall provide all management and logistics support resources necessary to pickup material and equipment at origin and deliver material and equipment to an identified destination on the dates required by the USG.

CONTRACTOR shall ensure integrity and safety of materials and equipment being transported, and retains responsibility for providing armed security escorts for all missions; unless otherwise specified by the USG. CONTRACTOR shall perform to, or exceed, standards identified in this contract.

1.5. General Information

1.5.1. Quality Control Plan (QCP). The contractor shall be responsible for coordination of all aspects of performance to include quality, technical, logistical, and financial accuracy. Contractor shall develop and maintain a QCP (see paragraph 7.7.6.) and implement the procedures therein to identify, prevent, and ensure deficiencies noted are not repeated.

1.5.2. Quality Assurance (QA): USG shall evaluate CONTRACTOR‟s performance under this contract through a fully developed QA program detailed in an associated Quality Assurance Surveillance Plan (QASP) document. QASP focuses on what USG elements must do to ensure that CONTRACTOR has performed in accordance with published performance standards. The QASP document defines:

how performance standards will be applied;

frequency of surveillance; and, minimum acceptable defect rate(s).

1.5.3. Contracting Officer’s Representative (COR). A Contracting Officer (KO) issues a COR or Alternate Contracting Officer‟s Representative (ACOR) appointment letter clearly identifying the responsibilities and limitations of the COR or ACOR. A copy of each appointment letter should be sent to the Contractor. The COR or ACOR monitors all technical aspects of the contract and assists in contract administration. Neither a COR nor an ACOR are authorized to change a contract, this limitation ensures official guidance or direction to a contractor comes only from the KO. COR or ACOR personnel will maintain a contract file in accordance USTRANSCOM Instruction 63-5, Contracting Officer Representative Program, and submit all contract file records to the KO after the contract is completed. Within the appointment letter a KO may authorize a COR or ACOR to perform a wide variety of functions; exact level of responsibilities or limitations may and can vary between COR and ACOR personnel. Typically the COR and ACOR perform the following functions:

assure the KO that the contractor performs the technical requirements of the contract;

perform inspections necessary in connection with contract performance (outlined in associated QASP);

maintains written and oral communications with the Contractor concerning technical aspects of the contract;

monitors Contractor's performance; and, notifies both the KO and Contractor of any identified deficiencies.

1.5.4. Post-Award Conference. The Contractor agrees to attend any post-award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5, Post Award Orientation. The Post–Award conference is not a substitute for a contractor fully understanding the requirement, nor is it used to alter the final agreement arrived at in any negotiations preceding the contract award. The US Government (USG) reserves the right to conduct one post award conference at a location to be specified or conduct multiple post award conferences for the separate awardees. This meeting shall be at no additional cost to the USG.

1.5.5. Periodic Performance Reviews. The USG may require the contractor to attend periodic reviews to discuss the contractor‟s performance or other issues as necessary. These meetings shall be at no additional cost to the government.

1.5.6. Recognized Holidays: NONE

1.5.7. Hours of Operation. The contractor must be available to conduct all services described in this PWS, twenty-four hours a day, seven days a week (24/7), including holidays and non-standard work days, for the duration of the period of performance.

1.5.8. Access to Procedures, Records, Data, and Facilities. The contractor shall allow USG personnel performing official business, authorized by the Contracting Officer, access when provided 24 hour notification, to examine official/office facilities, documents, operational records, and data related to this contract. This includes all electronic records, documents, data, programs, and systems.

1.5.9. Request Response Timeline. Upon request by the USG, the contractor shall provide meaningful, timely responses, documents, and data no less than 24 hours from the date of the USG request.

1.6. Specific Qualifications

1.6.1. Enrollment in USG mandated databases. All contractor employees, including all tiers of sub-contractors, shall be enrolled in the Biometric Automated Tracking System (BATS) and the Synchronized Pre-Deployment and Operational Tracker (SPOT). All personnel are required to have a SPOT-generated Letter of Authorization (LOA) prior to employment within the CJOA-A.

1.6.2. Identification requirements. All contractor and subcontractor personnel shall have some form of photo identification (ID) containing, at a minimum, employee name and recent photograph. ID will be clearly displayed, on exterior clothing, above the waist, at all times while on any ISAF controlled area.

1.6.3. Return of IDs and badges. All USG or Coalition Forces issued badges must be returned to the COR or ACOR when the contract is completed or the employee no longer requires access (e.g. resigns or is terminated). Final payment at the conclusion of the contract will not occur until all USG or Coalition Forces issued badges are returned. Both USG and Coalition Forces further reserves the right to cancel/withdraw issued badges to contractor or any tier subcontractor employee at its discretion at any time.

1.6.4. Training and certification requirements. The contractor is responsible for ensuring all drivers are properly licensed to operate their equipment in accordance with applicable laws and are able to properly secure cargo loads per

US Army standards (reference Military Surface Deployment and Distribution Command [SDDC] Transportation Engineering Agency [TEA] Pamphlet 55-201) for transport. The driver must have valid required identification and/or badge(s) to gain access to FOBs, to include proof of driver‟s Taskera Number.

1.6.5. Security Requirements: Contractor shall ensure that all missions have security support, unless otherwise specified by the USG. Contractor assumes responsibility for acts of non-USG security elements that result in loss of cargo or damage to private or personal property. Required security support will be specified in the individual mission sheet as:

Private Security Company (PSC);

Government of the Islamic Republic of Afghanistan (GIRoA) security (i.e. Afghan Public Protection Force [APPF] or other as specified by GIRoA);

USG provided; or none.

2. DEFINITIONS

Reference Appendix 2, “Acronyms & Definitions”.

3. GOVERNMENT FURNISHED ITEMS AND SERVICES

Reference clause 952.225-0011 “Government Furnished Contractor Support”.

4. CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1. General. The contractor shall furnish everything not otherwise specified as Government Furnished, required to perform services under this PWS.

4.2. Licenses. The contractor shall ensure all licenses for doing business in Afghanistan are current and valid throughout the entire period of performance of this contract. The KO, COR, ACOR or other authorized USG representative may request proof the contractor is in compliance with all local laws, registrations and licenses at any time. At a minimum, the contractor shall provide proof of the following at the time of award:

4.2.1. Afghanistan Investment Support Agency (AISA) License2 - All Private Sector enterprises are required to register with AISA.

http://www.tea.army.mil/pubs/nr/deploy/fgpamphlets/Pam_55-20_45.pdf http://www.aisa.org.af/files/licensing_procedure/english/AISA-license.pdf http://www.tea.army.mil/pubs/nr/deploy/fgpamphlets/Pam_55-20_45.pdf http://www.aisa.org.af/files/licensing_procedure/english/AISA-license.pdf

4.2.2. Transportation Company License3 - This is required for transportation companies to do busines inside Afghanistan only.

4.2.3. Transit and Freight Forwarding Company License4 - This license is required for transportation companies operating throughout and outside of Afghanistan.

Unless otherwise specified by the Government of the Islamic Republic of Afghanistan, a company need only have either the Transportation Company License or the Transit and Freight Forwarding Company License if operating within Afghanistan as a Transportation company. The AISA website (http://www.aisa.org.af/english/licensing.html) advises companies to contact their Investor Support Department on whether or not additional licenses may be required.

4.3. Government of the Islamic Republic of Afghanistan (GIRoA) Registration.

The contractor shall ensure all transportation assets are registered with the GIRoA, as required. Vehicles without proper registration shall not be permitted access to ISAF locations.

4.4. Required Insurance.5 Contractor shall maintain sufficient commercial insurance to insure against all third party claims. Contractor shall maintain workers‟ compensation insurance as outlined in contract clause 52.228-3, Workers‟ Compensation Insurance (Defense Base Act) otherwise referred to as DBA Insurance.6 Proof of insurance for the prime and each subcontractor at every tier shall be provided to the Contracting Officer prior to beginning performance under this contract. Failure to provide proof of required insurance shall exclude the contractor from consideration of task orders until such proof is provided.

4.5. Transportation Assets. Contractor shall provide all necessary transportation assets to accomplish the assigned mission. All equipment shall be safely operable and in good working order. All equipment shall meet Afghan safety and cargo highway transportation standards as established by the Ministry of Transportation – Afghanistan (MoT-A), and shall comply with the Driver/Truck Inspection Checklist, referenced at (Exhibit 1). Turning in proof of GIRoA registration and a Driver/Truck Inspection Checklist part of process to register as a NAT carrier.

4.6. Asset Registration. Prior to use under this program, all transportation assets shall be registered with the USG. Registration consists of a registration request memorandum from the JMCB, proof of vehicular GIRoA registration, and overall visual inspection to include verification of fuel tanker capacity for those assets.

http://www.aisa.org.af/files/licensing_procedure/english/TransportationCompanyLicense.pdf http://www.aisa.org.af/files/licensing_procedure/english/TransitFreightForwardingCompanyLicense.pdf http://www.aisa.org.af/files/laws/english/694-INSURANCE.pdf http://www.dol.gov/owcp/dlhwc/lsdba.htm http://www.aisa.org.af/english/licensing.html http://www.aisa.org.af/files/licensing_procedure/english/TransportationCompanyLicense.pdf http://www.aisa.org.af/files/licensing_procedure/english/TransitFreightForwardingCompanyLicense.pdf http://www.aisa.org.af/files/laws/english/694-INSURANCE.pdf http://www.dol.gov/owcp/dlhwc/lsdba.htm

Assets registered by other companies used as sub-contracted assets do not need to be re-registered. Only 1 registration per asset needed to comply with USG requirements. The contractor shall not use any assets in performance of this contract that are not registered with the JMCB.

4.7. Maintenance. Contractor is responsible for all equipment maintenance and shall not cause delay or cancellation of a mission for failure to maintain equipment in accordance with the approved maintenance plan and paragraph 4.5. If a “dead lining” deficiency is identified, the contractor shall either replace the equipment or correct deficiencies to the satisfaction of the government prior to Required Load Date (RLD). A “dead lining” deficiency is one that is specifically identified in Exhibit 1, Inspection Sheet, with yellow shading. If maintenance deficiencies are not corrected before RLD, USG reserves the right to cancel the mission at no cost to the USG and the new mission will be allocated to another contractor. The USG reserves the right to waive less severe maintenance deficiencies as indicated in Exhibit 1 and allow the contractor to continue performance.

4.8. In-Transit Visibility (ITV). The current global asset visibility system used by the USG to track trucking missions within Afghanistan is the Global Distribution Management System (GDMS) developed and manufactured by Tapestry Solutions. In order to maintain Total Asset Visibility (TAV), the contractor‟s ITV solution shall fully integrate with the USG‟s current asset visibility system.

Contractor shall provide ITV solution that utilizes satellite-based Global Positioning System (GPS) tracking that includes the following:

Transponder equipment capable of interfacing and fully communicating with the USG‟s current asset visibility system. This requires that the contractor‟s selected transponder shall be verified as fully compatible with the GDMS.

A communication services plan that ensures the ITV solution can successfully feed ITV information from the transponder to the GDMS. This requires that the contractor‟s selected communication services plan shall be verified as fully capable of feeding all necessary information to the GDMS.

4.8.1. Use of ITV. Each dispatched trucking asset shall include a fully operational ITV transponder with sufficient battery charge to complete the mission. The contractor shall report the transponder number, Driver‟s name, Taskera number, and NAT registration number to the USG no later than (NLT) twenty-four (24) hours prior to the Ready Spot Date (RSD). The naming convention for each device will be determined by the USG. The ITV equipment shall remain mounted and operate continuously without interruption in the same trucking asset for the duration of the mission and shall not be removed or its operation hampered in any way before the cargo is downloaded. ITV snapshots using a maximum of 1/50 kilometer (km) resolution with header and footer data showing the date time group of the snapshot are required to validate that the mission met the RSD, RLD and Required Delivery Date (RDD). These snapshots shall be required for each day of daily demurrage charges claimed by the contractor.

4.8.2. ITV requirements. ITV transponders shall be battery powered and operate under the temperature and weather conditions that prevail in the country of Afghanistan including, but not limited to, extreme variances in temperature, dirt, rain, snow, windblown dust, and corrosion. The transponder shall be easily mountable and inconspicuous. The transponder shall provide positional reports at least every thirty (30) minutes. The transponder positional reports shall be provided via system “ping” between vehicle mounted ITV transponder and monitoring system. Transponders shall maintain this reporting rate for the duration of the mission beginning 24 hours prior to the RLD and ending at the time the cargo is downloaded. Failure to meet ping rate may result in a deduction infraction that will affect amount of payment received for completion of mission.

4.8.3. Contractor ITV responsibility. Each transponder solution may vary in the required levels of integration to limit transponder visibility to the contractor and the USG and is dependent upon each contractor‟s unique approach to ITV. The contractor is responsible for ensuring that their ITV approach and selected transponders are fully compatible and integrated with the GDMS. The contractor shall verify compatibility with the GDMS and that the proposed ITV solution can be integrated into the existing GDMS architecture.

4.8.4. ITV Reporting. The contractor shall be responsible for reporting any interference or malfunction of ITV systems to USG while performing on a mission. The contractor shall notify the USG within 1 hour if ITVs are confiscated and not returned. If ITVs are not returned, the contractor shall report the name, unit, company or agency that confiscated the ITVs to the COR and/or ACORs.

5. SPECIFIC REQUIREMENTS

5.1. Program Management. The contractor shall provide technical, administrative and program management support services to facilitate the development, implementation, and sustainment of trucking services. Contractor shall advise ACOR, COR and KO of any change in key personnel positions. Key positions include Program Manager (PM), Alternate PM, Accountant, Fuel Manager (FM) and alternate FM. Changes in key personnel require an updated Letter of Authority (LOA) for the individual(s).

5.1.1. Program Manager (PM) and Alternate PM. The contractor shall provide a PM, and at least one (1) alternate PM, for the overall efficient and effective management, supervision, administration, and operations of transportation missions in accordance with this PWS. Contractor shall provide names of designated PM and alternate PM, in writing, to the KO, COR and ACOR prior to contract performance. The PM and alternate shall have the ability to effectively communicate in English, both orally and in writing. The PM or alternate shall be available twenty-four hours per day, seven days per week (24/7) for any questions, issues, or concerns that may arise. The PM will be primary Point Of Contact (POC) on a 24/7 basis for USG to contact a contractor as situation dictates in cases of emergency, truck/equipment breakdown, mission changes, etc; alternate PM will be alternate POC for contractor for same identified concerns when the primary PM is not available. The PM or alternate PM shall be responsible for ensuring all equipment is in compliance with movement orders, regulations, security requirements, policies, and operational orders. The PM and in the PM‟s absence the alternate PM, shall have full authority to act for the contractor on all matters relating to daily operations under the terms of this contract. The PM or alternate PM shall have the necessary access to USG locations, as required by the government. The PM or alternate PM shall ensure timely, accurate, meaningful responses to all USG questions or inquiries to include submission of requested supporting documentation within timeframes specified by the USG. The PM or alternate PM shall notify the Government immediately when the contractor is unable to meet any of the PWS requirements.

5.1.2. Accountant. The contractor shall provide an experienced accountant capable of complying with US Generally Accepted Accounting Principles (GAAP) requirements, as defined by Financial Accounting Standards Board (FASB), and shall be responsible for preparing the required financial documents such as balance sheets, income statements, and statement of cash flows to meet GAAP standards. The accountant shall be able to communicate in English, written and orally. Additionally, the accountant shall:

provide explanation of financial transactions and documents as requested by the USG;

provide the required quarterly financial reports;

prepare accurate, reconcilable invoices, and maintain all supporting documentation; and provide supporting documentation for financial related questions.

5.1.3. Fuel Manager (FM). Contractor shall provide a Fuel Manager (FM) and at least one (1) alternate when the primary FM is not available. The FM shall be responsible for daily management and accountability of fuel and fuel movements under this PWS. Contractor shall provide names of designated FM, and alternate, in writing to KO, COR and ACOR prior to start of contract. FM and alternate FM shall be able to communicate in English, written and orally. FM and alternate must meet all requirements to enter US or North Atlantic Treaty Organization (NATO) controlled installations. FM shall be responsible for the following duties:

Track and maintain accountability for upload volume (gallons) to each contractor asset in performance of this PWS;

Track and maintain accountability for the location of each contractor asset carrying fuel in performance of this PWS; and, Track and maintain accountability for download volume (gallons) from each contractor asset in performance of this PWS.

5.1.4. Operations Center. Contractor shall provide an operations center responsible for ensuring efficient and effective trucking operations in accordance with this PWS. The operations center shall continuously communicate with, track and dispatch contractor assets performing assigned missions under this contract.

The operations center shall maintain visibility over all contractor assets assigned to USG missions and be able to provide real-time status updates twenty-four hours a day (24). Physical and mailing address of operations center shall be provided prior to start of contract. At least one (1) individual in the operations center shall be available at all times and shall be able to effectively communicate in English, both orally and in writing.

5.1.5. Convoy Team Leader (CTL). Contractor shall provide a CTL for each mission and shall be identified NLT twenty-four (24) hours prior to the RSD. The CTL information (name, Taskera number, etc.) shall be provided to the CORs or ACOR‟s on the Transportation Movement Request (TMR) status report (PWS paragraph 7.1). When two (2) or more trucks are traveling in the same convoy, the CTL will not be the driver of a vehicle. CTL responsibilities include, but are not limited to:

maintain ability to communicate with the PM and operations center to provide accurate real-time status and reports, when required;

ensure drivers and all required equipment meets the RLD and RDD;

ensure drivers comply with movement orders, regulations, security requirements, policies, operational orders, timelines;

ensure correct cargo is loaded on proper trailers and drivers are briefed and understand the cargo‟s destination;

document incidents and complete any reports as necessary;

ensure each truck under the CTL‟s supervision does not accept an improper remission;

coordinate all logistics with convoy security prior to and during convoy movements;

report any changes to convoy escort during mission and provide pertinent information to include escort commander‟s name, company (if PSC or APPF) or unit (if USG), etc.;

notify USG within 96 hours if security escort is refusing to escort contractor to required delivery location; and notify USG within 96 hours of contractor requesting to cancel a mission;

request must be before RSD.

5.2. TRANSPORTATION SERVICE. The contractor shall provide transportation service for various classes of supply. The transportation service is segregated into three (3) “Suites” of service based on the types of assets that are required to provide transportation service for the different types and classes of cargo.

5.2.1. SUITE I, Bulk Fuels (Class III) Transportation. The contractor shall provide all non-personal services, including but not limited to, personnel, equipment, tools, materials, supervision, and other items necessary to provide safe, timely and reliable ground transportation for TS1 fuel (Russian grade jet fuel), Jet- Propulsion Type 8 (JP-8) fuel, Diesel Fuel Type 2 (DF2), and unleaded fuels. All tank trucks, requirements and procedures shall be in accordance with Military Standard (MIL-STD) 3004C dated 10 Aug 2011. Each tank shall be maintained in the same grade of service to the maximum extent possible to minimize the potential for contamination. If required, tanks shall be processed for a change in grade in accordance with Table XXVI of MIL-STD 3004C7 . Fuel uploaded at origin and delivered at destination shall be in accordance with U.S. Army Field Manual (FM) 10-67-18 standards. The fuel transportation tank may be inspected by the USG prior to upload to ensure the tanks are empty, free of debris, leaks or holes and that all connections and ports are properly sealed. The contractor may observe this process.

5.2.1.1. Registration: Before fuel tankers can be utilized for missions, they must be registered with the appropriate GIRoA agency and USG. Registration with USG consists of:

Registration request memorandum from designated USG element overseeing TMR process;

Proof of vehicular registration;

Confirmation of fuel tanker capacity (non-standard size); and, Overall visual inspection of tanker equipment - vehicular checklist.

Each vehicle bulk fuel tank shall be sealed and registered for record purposes after inspection complete

5.2.1.2. Required Assets. The contractor shall provide 5,000 gallon (20,000 liter) and 10,000 gallon (40,000 liter) fuel tankers.

5.2.1.3. Mission-Essential Equipment. All trucks shall be equipped with operating hoses and fittings without leaks and adaptors, where necessary, for leak-free connections to USG or Coalition Forces (as appropriate) hoses, pumps, meters, or other equipment. If a truck is not so equipped, the contractor shall be notified and will be responsible for providing a functional fuel pump with a calibrated metering system configured for fuel download.

5.2.1.4. Claims Liability. Contractor shall be financially liable for missing and/or contaminated fuel at the rate of 757 AFN per gallon. Fuel losses up to five https://assist.daps.dla.mil/quicksearch/basic_profile.cfm?ident_number=207391 http://armypubs.army.mil/doctrine/DR_pubs/dr_a/pdf/fm10_67_1.pdf https://assist.daps.dla.mil/quicksearch/basic_profile.cfm?ident_number=207391 http://armypubs.army.mil/doctrine/DR_pubs/dr_a/pdf/fm10_67_1.pdf percent (5%), due to evaporation and other contributing factors (i.e.

inaccurate metering, changes in barometric pressure, etc.), are allowable and shall not establish a financial liability against the contractor. In instances where fuel losses exceed five percent, the contractor shall be financially liable for the entire fuel loss amount. The Government will process cargo claims in accordance with the Defense Transportation Regulation (DTR), Part II, Chapter 210, and the contractor agrees to cooperate with Government efforts to resolve claims for loss of Government cargo.

5.2.1.5. Undelivered Fuel. On occasion an operational change may restrict or degrade a FOB, COP, or designated delivery site‟s ability to accept the entire volume of fuel initially ordered. If there is fuel remaining in the contractor‟s tanker after download, the contractor shall return all remaining fuel to the location designated by the USG; typically the original upload site will be the designated location to return the fuel.

5.2.1.5.1. Within 24 hours of the initial fuel download, the contractor shall notify the JMCB when the designated delivery site is unable to accept the full volume of fuel ordered. The JMCB shall identify the location where the fuel shall be returned. The remaining fuel shall be delivered to the designated return location within 21 days from the initial fuel download date at the original delivery location. Days are calculated from date of fuel loading at original delivery point. Failure to notify the JMCB that the designated delivery site was unable to accept the full amount of fuel or failure to deliver remaining fuel to designated “return location” within 21 days after initial download at initial download location will result reimbursable expenses being assessed against the contractor in the amount determined by the quantity of undelivered fuel (gallons) and the reimbursable expense for fuel stated in paragraph 5.2.4.13.

5.2.1.5.2. Return of undelivered fuel will qualify as a standard “point to point” delivery and contractor shall receive payment for transportation costs from the original designated fuel download location to the designated fuel return location.

5.2.2. SUITE II, Dry Cargo (Class I, II, IV, VI, VII, VIII, IX, X) Transportation. The contractor shall provide all non-personal services, including but not limited to, personnel, equipment, tools, materials, supervision, and other items necessary to provide safe, timely and reliable ground transportation for containerized, break-bulk, temperature sensitive, or other cargo above-categorized in this paragraph.

5.2.2.1. Required Assets. The contractor shall provide Flatbed Trucks (FBTs) capable of transporting one (1) 20 foot (ft) container (refrigerated or non-refrigerated) or break bulk cargo. Contractor shall provide FBTs capable of transporting one (1) 40 ft container, two (2) 20 ft containers (refrigerated or non-refrigerated) or break bulk cargo. Contractor shall provide 20 ft (standard or converted HMMWV) and 40 ft containers as required. Contractor shall provide refrigerated and freezer trucks as required for temperature sensitive cargo. Contractor shall provide one (1) bobtail for every five (5) assets assigned to a U.S. military escorted convoy.

5.2.2.2. Trailers: All trailers must have operational landing legs, ramps, brakes free of air leaks, parking brakes, and brake lights.

5.2.2.3. Mission-Essential Equipment. Contractor shall provide twelve (12) chains, twelve (12) straps, and twelve (12) binders sufficient to secure loads on all trucking asset. All FBTs shall have functional container locking mechanisms sufficient to secure two (2) 20 ft containers or one (1) 40 ft container. The following provide the required specifications for this equipment:

EQUIPMENT SPECIFICATIONS

Chains:

- Width, 0.5 inches (1.27 Centimeters [cm])

- Length, 10 feet (3.05 Meters [m])

- Working load limit of 8,250 lbs (3,742 Kilograms [kg])

- Breaking strength of 16,500 lbs (7,484 kgs)

Straps:

- Rated at 10,000 lb (4,536 kg) load or higher

Binders:

- Breaking strength of 26,000 lbs (11,793 kg)

- Width, between 0.375 inches (0.95 cm) and 0.5 inches

(1.27 cm)

Table 1: Mission Essential Equipment, Dry Cargo

5.2.2.4. Mission-Dependent Equipment. The following equipment requirements are mission dependent and shall be indicated by the USG on the TMR when required. The USG may require additional chains, binders or straps for a particular mission. Additional bobtail assets may be required at the USG‟s discretion. The USG may require dunnage for a particular mission. When dunnage is required, each FBT shall have eight (8) boards with the following measurements in height, width, and length: 4 inch by 4 inch by 8 feet, respectively.9 The USG may require tarps depending on mission requirements. When tarps are required, the contractor shall provide one canvas or plastic tarp capable of covering and securing cargo covering the full length of the truck bed and down from top of load to six feet above truck bed.

5.2.2.5. Temperature-Sensitive Cargo. Contractor assets used to transport temperature-sensitive cargo shall be appropriate for the safe and sanitary transportation and storage of frozen/chilled food stuff and adequately

The dunnage measurements (H x W x L) in metric measurements is: 0.10m x 0.10m x 2.44m.

insulated so as not to exceed allowable temperature standards. Cargo transported in trucks providing freezer temperatures shall have the temperature maintained between zero and negative ten degrees Fahrenheit (0 to -10 °F)10 for the duration of the mission. Cargo transported in refrigerated trucks or containers shall have the temperature maintained between thirty-five and forty degrees Fahrenheit (35 to 40°F).11

The following minimum requirements apply to all freezer and refrigerated assets:

exterior height between thirteen feet, six inch and fourteen feet (13‟6” to 14‟) / four point fifteen meters and four point twenty seven meters (4.15m to 4.27m);

interior width between ninety eight feet to one hundred inches (98” to 100”) / two point forty nine meters to two point fifty four (2.49m to 2.54m);

dock height between forty eight to fifty two inches (48” to 52”) / one point twenty two to one point thirty two (1.22m to 1.32m);

floors are rated at seventeen thousand pounds to twenty two thousand pounds (17,000 to 22,000 lbs) / seven thousand seven hundred eleven KG to nine thousand nine hundred seventy nine KG (7,711 KG to 9,979

KG);

steel cross members on twelve inch (12”) / thirty point forty eight centimeters (30.48cm) centers or aluminum cross members on eight inch (8”) / twenty point thirty two centimeter (20.32cm) centers;

swing rear doors are present;

single, tandem, or tri-axles are present as appropriate for load conditions;

scuff liners are present;

E-track or logistics posts are present; and pintle-hook is present.

5.2.2.5.1. Frozen Items: Food labeled frozen and shipped frozen will be received frozen. Temperature will be maintained from zero to negative ten degrees Fahrenheit (0 to -10oF) / negative seventeen point eight to negative twenty three point three degrees Celsius (-17.8 to -23.3oC) for the duration of the mission. If the prescribed temperatures are not maintained, contractor will be liable for the total value of the cargo.

5.2.2.5.2. Refrigerated Items: Refrigerated items will be maintained at a temperature of forty degrees Fahrenheit (40 oF) / four point four degrees Celsius (4.4 oC) or below for the duration of the mission. If the prescribed temperatures are not maintained, contractor will be liable for the total value of the cargo.

The temperature requirements for the frozen cargo in Celsius measurements are negative seventeen point eight to negative twenty three point three degrees Celsius (-17.8 to -23.3 °C).

The temperature requirements for the refrigerated cargo in Celsius measurements are between 1.7 and 4.4 °C.

5.2.2.6. Containers. Contractor provided containers shall be within operational and transportable standards identified in Military Handbook (MIL-HDBK) 138B12 dated 1 January 2002. Containers shall be plainly labeled and marked to prevent confusion with other contractor owned or USG containers. Contractor shall uniquely identify all contractor owned containers using the eleven (11) digit naming convention where the first four characters are unique to the contractor and the remaining seven numbers are unique tracking numbers for each container (e.g. USAU-1234567). All containers shall be properly secured and sealed for in-transit moves by the shipping point of contact. All seals shall be provided and placed by the USG. Contractor shall ensure all containers are properly secured and sealed prior to movement and for the duration of the mission. The contractor may refuse a load if the container is not properly sealed at the time of up-load. Contractor responsible for ensuring all original seals remain intact on all containers. Contractor shall not retain or alter any USG owned or other contractor owned containers.

5.2.2.7. Claims Liability. Contractor shall be financially liable for the replacement value of all unaccounted for or damaged cargo. The Government will process cargo claims in accordance with the Defense Transportation Regulation (DTR), Part II, Chapter 210, and the contractor agrees to cooperate with Government efforts to resolve claims for loss or damage to Government cargo.

5.2.3. SUITE III, Heavy Cargo (Class I, II, IV, VI, VII, VIII, IX, X) Transportation. The contractor shall provide all non-personal services, including but not limited to, personnel, equipment, tools, materials, supervision, and other items necessary to provide safe, timely and reliable ground transportation for heavy containerized, break-bulk, or other cargo identified in this paragraph heading.

5.2.3.1. Required Assets. The contractor shall provide trucks equipped with 20 ft, 30 ft, and 40 ft lowboy trailers. Contractor shall provide forty foot (40‟) Heavy Equipment Transports (HET), also known as “Super Lowboys”, with a maximum ground clearance not to exceed 38 inches. All trucks shall be capable of transporting heavy and oversized cargo, which is defined as no less than a seventy (70) ton trailer capacity and 10 ft deck width. All trailers shall be capable of safely self-loading (typically using a trailer mounted power winch capable of pulling on load exceeding maximum load bearing weight of trailer) and transporting disabled and damaged cargo, to include Mine Resistant Ambush Protected (MRAP) vehicles and wheeled Rough Terrain Container Handling (RTCH) equipment. Contractor shall provide one (1) bobtail for every five (5) assets assigned to a U.S. military escorted convoy.

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Finally, contractor shall provide 20 ft converted HMMWV containers, when required as identified on the mission sheet.

5.2.3.2. Mission-Essential Equipment. Contractor shall provide twelve (12) chains, twelve (12) straps, and twelve (12) binders sufficient to secure loads on any trucking asset. All FBTs shall have functional container locking mechanisms sufficient to secure two (2) 20 ft containers or one (1) 40 ft container. The following provide the required specifications for this equipment:

EQUIPMENT SPECIFICATIONS

Chains:

- Width, 0.5 inches (1.27 cm)

- Length, 19 feet (5.79 m)

- Working load limit of 12,500 lbs (5,670 kg)

- Breaking strength of 50,000 lbs (22,680 kg)

Straps:

- Rated at 10,000 lb (4,536 kg) load or higher

Binders:

- Breaking strength of 26,000 lbs (11,793 kg)

- Width, between 0.375 inches (0.95 cm) and 0.5 inches

(1.27 cm)

Table 2: Mission Essential Equipment, Heavy Cargo

5.2.3.3. Mission-Dependent Equipment. The following equipment requirements are mission dependent and shall be indicated by the USG when required. The USG may require additional chains, binders, straps, dunnage or tarps for a particular mission. Additional bobtail assets may be required at the USG‟s discretion. The USG may require lowboys and super lowboys have an operational winch rated at 55,000 lbs (24,948 kgs) or better pulling capacity.

5.2.3.4. Containers. Contractor provided containers shall be within operational and transportable standards identified in Military Handbook (MIL-HDBK) 138B dated 1 January 2002. Containers shall be plainly labeled and marked to prevent confusion with other contractor owned or USG containers. Contractor shall uniquely identify all contractor owned containers using the eleven (11) digit naming convention where the first four characters are unique to the contractor and the remaining seven numbers are unique tracking numbers for each container (e.g. USAU-1234567). All containers shall be properly secured and sealed for in-transit moves by the shipping point of contact. All seals shall be provided and placed by the USG. Contractor shall ensure all containers are properly secured and sealed prior to movement and for the duration of the mission. The contractor may refuse a load if the container is not properly sealed at the time of up-load. Contractor shall not retain or alter any USG owned or other contractor owned containers.

5.2.3.5. Claims Liability. Contractor shall be financially liable for the replacement value of all unaccounted for or damaged cargo. The Government will process cargo claims in accordance with the Defense Transportation Regulation (DTR), Part II, Chapter 210, and the contractor agrees to cooperate with Government efforts to resolve claims for loss or damage to Government cargo.

5.2.4. Mission Requirements and Standards. The following paragraphs detail the common mission requirements and standards that apply to each suite of transportation service, unless otherwise identified.

5.2.4.1. Mission Sheet. Each mission sheet represents a mission for a single asset.

The mission sheet shall specify the values for the following terms, among other pertinent shipment data:

5.2.4.1.1. Required Spot Date (RSD): This is the date that the asset is required to be at the origin location. The RSD shall be two days prior to the RLD. To meet RSD, the contractor shall have its asset at the identified Entry Control Point (ECP) waiting area for the location by 10:00 AM local. The contractor shall notify the applicable MCT once the asset is at this location. The USG may use the ITV data to validate whether or not the contractor meets the RSD.

5.2.4.1.2. Required Load Date (RLD): This is the date that the asset is required to be ready to upload the cargo. The asset shall be ready for upload by 10:00 local on the specified date. The asset/driver shall have cleared all Entry Control Point (ECP) requirements and the asset shall be in acceptable mechanical condition in order to complete the mission.

5.2.4.1.3. Required Delivery Date (RDD): The RDD is established by the JMCB and represents the date of delivery that the contractor is required to meet. The RDD is met when the asset is located at the identified ECP waiting area of the destination location on the specified RDD. The contractor shall notify the applicable MCT once the asset is at this location. In addition to the properly filled-out mission sheet, the USG may use ITV data to validate whether or not the contractor meets the RDD. The JMCB shall determine and identify on the mission sheet, the allowable mission days representing the time from RLD to RDD. The number of mission days will be determined based on considerations of total distance, road conditions, weather conditions, and other factors as appropriate. The contractor can expect the average number of allowable mission days to range from two to ten (2 – 10) days.

5.2.4.1.4. Adjusted RDD: This is a new date of delivery required by the contractor due to mission changes beyond control of contracted carrier. Adjusted RDD is appropriate when the contractor arrives by RSD, but is delayed in executing mission due to factors beyond the contractor‟s control. Adjusted RDD is normally a simple addition of days contractor is delayed due to factors beyond the contractor‟s control. Possible sources of factors beyond the contractor‟s control include, but are not limited to:

In-gating interruptions or delays;

Uploading delays (USG based issues, not contractor based);

Delivery location corrections (mission dependent);

Delivery interruptions (weather, kinetic activity, etc.);

Convoy roll-out delays;

USG escort delays; and, Out-gating interruptions or delays.

5.2.4.1.5. Mission Units (MUs): A mission unit is a 25 km increment. All missions ordered under this contract are paid based on the number of mission units between the origin and destination assigned by the USG and annotated on the mission sheet. The designated MUs represent the road distance in kms between the origin point and the destination point rounded-up. The allocated MUs represent the only payable road distance calculation for that mission.

The missions are firm-fixed price orders against the contract and therefore the Government shall not pay or recoup any differences in price due to differences in the MUs originally designated and the actual MUs traveled during execution of the mission. Any disagreement with the distance calculation is waived by the contractor upon acceptance of the mission.

5.2.4.2. Ordering. The USG will normally provide the contractor‟s PM at least 96 hours notice of a mission requirement; however, the contractor shall be able to respond within 48 hours for urgent requirements. The USG Ordering Officers are the only authority to order or cancel services, reassign assets to another mission, or modify the mission sheet. The USG Ordering Officers shall select carriers based on internally established fair opportunity procedures which rank providers according to various factors to include past performance, price, or other relevant factors where non-price factors are more important than price considerations. This fair opportunity performance based rank-ordered list of providers is known as the Order of Merit List (OML) and the specific methodology for placing orders is at the USG‟s discretion.

5.2.4.2.1. The USG shall notify the contractor of a mission between two and seven days before the Required Spot Date (RSD). The notification shall include the following mission sheet data:

the TMR number;

the Required Spot Date (RSD);

the Required Load Date (RLD);

the Required Delivery Date (RDD);

the required contractor assets;

any requirements for additional equipment;

origin location with Point-Of-Contact (POC) information;

destination location with POC information;

mission type;

allowable mission days; and, the number of Mission Units (MUs) allocated to the mission.

5.2.4.2.2. Prior to executing the mission, the contractor shall legibly annotate the following information on the mission sheet:

Driver‟s name;

Driver‟s Taskera number;

Driver‟s badge/ID number; and, NAT II registration vehicle number.

5.2.4.2.3. The RLD is the date when the contractor shall have the transportation asset at the origin location ready to up-load the cargo. The RDD is the date when the contractor shall deliver the cargo to the destination location ready for down-load. The allowable mission days assigned by the JMCB represent the time from RLD to RDD. The JMCB will determine the allowable number of mission days based on total distance, road conditions, weather conditions, and other factors as appropriate and include it on the mission sheet.

5.2.4.2.4. The USG shall up-load trucks/trailers at origin and shall down-load trucks/trailers at destination. The contractor shall properly secure loads for transport in accordance with PAM 55-20. The contractor shall be financially responsible for the replacement value of all unaccounted for or damaged cargo unless the contractor provides substantial evidence illustrating an absence of negligence.

5.2.4.3. Re-missions: The USG reserves the right to re-mission (reassign assets to another mission) any assets at USG‟s discretion. Only the KO or an appointed ordering officer is authorized to properly re-mission a contractor‟s asset(s).

5.2.4.3.1. Contractor shall notify the JMCB of any attempt or…