HTC711-15-R-W002-0004.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

A. The purpose of this Amendment is to make the follow ing changes:

1. Exhibit 3, PWS – Deleted paragraph 3.A.14.2, added paragraph 3.H.20, modif ied paragraphs 3.G.6.1, 3.G.6.2, 3.G.7.1, 3.G.12.5, 3.G.12.6, 3.H.1.1, 3.H.18.8.4, definition of Shutout, 7.A.1.1

2. Exigency Annex – Modif ied paragraphs B.6.7, B.6.8, B.7.5

3. PWS, Attachment 1 – Modif ied Table 1, Additional Rules for HG/HR Transactions, Additional rules for SD/BD/A1/A2 Transactions

4. PWS, Attachment 2 – Modif ied paragraph 2.3

5. PWS, Attachment 7 – Modif ied BAF Table 2 B. All other terms and conditions remain unchanged as a result of this amendment.

1. CONTRACT ID CODE PAGE OF PAGES

K 1 2

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

16C. DATE SIGNED

BY 10-Jul-2015

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HTC711-15-R-W002

X 9B. DATED (SEE ITEM 11)

13-May-2015

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

10-Jul-2015

CODE

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HTC711-15-R-W002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

(End of Summary of Changes)

Universal Service Contract – 8 Exhibit 3, Performance Work Statement

SECTION 1 – BACKGROUND

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

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

1.B Purpose of the Universal Service Contract (USC) and its place within the Defense Transportation System (DTS) To fulfill its mission of providing global surface deployment command, control and distribution operations to meet National Security objectives in peace and war, it is necessary for SDDC to provide ocean and intermodal distribution services for delivering Defense Transportation System (DTS) cargo anywhere in the world, usually on a door-to-door basis. DTS cargo consists of military equipment and related supplies including supermarket-type commodities shipped by the Defense Commissary Agency (DECA), department store merchandise shipped by Army and Air Force Exchange Service (AAFES) and Navy Exchange Command (NEXCOM), supplies shipped by the Defense Logistics Agency (DLA) and General Services Administration (GSA), and mail shipped by the Military Postal Service (MPSA). DTS cargo is shipped in substantial, recurring and consistent volumes on many trade routes. The Universal Service Contract is the primary (but not exclusive) contract tool for moving DTS cargo when movement by ocean is required.

SECTION 2 – SCOPE

2.A Scope

2.A.1 Overview 2.A.1.1 This contract’s purpose is to provide international cargo transportation and distribution services using ocean common or contract carriers, as defined in the Shipping Act of 1984, offering regularly scheduled commercial liner service for requirements that may arise in any part of the world, including service covered by the Jones Act. Contractors shall be capable of providing ocean, intermodal, and related transportation and distribution services to support their offered services as required herein. This contract is primarily for requirements sponsored by the DoD, to include items not owned by DOD, such as Foreign Military Sales (FMS), Humanitarian Assistance Programs (HAP), shipments from commercial entities for use by DoD (e.g. Defense Logistics Agency’s Prime Vendor Program), Household Goods (HHG) and Privately Owned Vehicles (POVs) owned by DOD employees, and shipments by the armed forces of allied nations. In addition, this contract may be used for shipments by US federal government agencies other than DoD. This contract shall apply to services performed in peacetime as well as those provided in exigency areas, for which there is a Exigency Annex to cover any special requirements for such areas. This contract is not subject to terms or conditions of Contractors' tariffs. The accepted booking, in conjunction with the terms contained in this contract, constitutes the contract of carriage.

2.A.1.2 This contract applies to both Unit Movement Cargo and Other Than Unit Movement (OTUM) Cargo. Unit Movement Cargo is described by Unit Line Numbers (ULNs) and Plan Identifications (PIDs) in the Joint Operation Planning and Execution System (JOPES) -- whether contingency, exercise or administrative in nature – whether characterized as deployment, redeployment or retrograde cargo.

2.A.2 Rate Modifications 2.A.2.1 Included in the scope of this contract are transportation services and services ancillary to transportation that were not priced at the time of award or during annual (or other periodic) rate refreshes, including but not limited to:

1. Additional routes or subroutes, whether ocean or inland

2. Accessorial rates if none established for a particular location or routing

3. Excepted Cargoes Breakbulk/RORO – see definitions in Exhibit 3, PWS, Section 8

4. Excepted Cargoes Container – see definitions Exhibit 3, PWS, Section 8

5. Increased Liability for Lost or Damaged Cargo, see Exhibit 2, Additional Clauses, paragraph

2.1.5.

2.A.2.2 These rates shall be solicited, either on a one-time-only (OTO) basis for a specific cargo movement or on an ongoing basis if projected frequency or volume is sufficient.

2.A.2.3 OTOs shall be competitively ordered in accordance with Exhibit 4. Ongoing rates are awarded through CARE with a process similar to that used during the annual rate refresh.

SECTION 3 – GENERAL REQUIREMENTS

3.A General/Administrative

3.A.1 Use of English Language All documentation and verbal notices shall be provided in the English language. If required by local law or regulation, additional language(s) may be used. When supporting documents are required, and such documents are not in English, contractor must provide an accompanying translation into English.

3.A.2 Hazardous Cargo 3.A.2.1 The US Government shall provide accurate and timely hazardous cargo documentation in accordance with applicable laws and regulations.

3.A.2.2 The Contractor may refuse to transport hazardous cargo either by land or by ocean, which does not conform in all respects to applicable laws and regulations or contractor’s policy.

3.A.2.3 For Bookings from Door involving Hazardous Cargo, Contractor may, at its discretion, not schedule a pickup of HazMat cargo from origin if it has not received HazDecs or if HazDecs do not conform to Contractor’s policies or procedures. However, once pickup from Door has occurred, Contractor is permitted to halt further transport only in accordance with Exhibit 3, PWS, paragraph 3.A.2.2 or at Government direction, but not due to Contractor’s internal policies or procedures.

3.A.3 Quality Control, Reporting, and Records 3.A.3.1 The Contractor shall utilize its commercial quality control processes/plan (QCP) to ensure quality service is provided throughout the term of the contract.

3.A.3.2 The Contractor shall promptly notify the appropriate Contracting Officer Representative (COR) of any problems or failures that may affect performance. Upon request, the Contractor shall provide the COR with a written plan of corrective action, including a proposed timeline, within 10 business days after such request. This plan shall describe proposed Contractor actions to correct the problem or deficiency and bring performance back in compliance with identified performance standards.

3.A.3.3 The CORs shall monitor Contractor performance and compliance with the terms and the conditions of the contract using standard techniques such as inspections, US Government-generated management reports, Contractor reports and customer feedback, or as otherwise indicated herein. The

Contractor shall attend periodic meetings called by the COR or the Contracting Officer to discuss operations and problem areas.

3.A.3.4 Retention of Records The Contractor shall maintain and, upon request, provide to the Contracting Officer such documentation deemed relevant to performance of transportation services ordered under the terms of this contract.

Records will be maintained and available to the Contracting Officer throughout the term of the contract and for three years after final payment in accordance with FAR 52.212-5(d).

3.A.4 Responsibility for Charges and Taxes The Contractor shall pay all dues, charges and taxes customarily levied on the vessel; however the amount thereof may be levied. The Contractor shall pay all taxes levied on the freight charges. The US Government shall pay all dues, charges, duties, and taxes customarily levied on the cargo; however the amount thereof may be assessed – in some of these cases, the Contractor shall be advised by the COR or Contracting Officer to pay such fees, which in turn will entitle the Contractor be reimbursed by SDDC using procedures in Exhibit 3, PWS, Attachment 6.

3.A.5 Space Commitment Provided the booking offer is made at least 5 business days prior to local cutoff, Contractor must make available 10% of vessel capacity for the booking of Government cargo on each US flag vessel sailing from Continental United States (CONUS) on the designated routes listed below:

Outbound Routes/Zones

01 West Coast to Far East

05/11 East & Gulf Coasts to Europe & UK

6A/12A

East & Gulf Coast to Western Mediterranean

07/13 East & Gulf Coasts to Middle East, South Asia, Indian Ocean

This space commitment also applies to all routes (Inbound, Outbound, and Interport) covered by the Jones Act, and from the West Coast to Guam.

Other than as listed in the Exigency Annex, cargo in this category is the only cargo that must be accepted by Contractor. This Space Commitment requirement does not require Contractor to accept Hazardous Material bookings that Contractor does not normally accept. Counteroffers to RDD are permitted, provided that the counteroffered date is no longer than fourteen (14) calendar days beyond the offered RDD.

Carriers refusing such cargo may be placed into Limited Use status by the Contracting Officer in accordance with Exhibit 3, PWS, paragraph 3.G.2.2.

3.A.6 Schedule Maintenance 3.A.6.1 For all ocean routes for which Contractor has ocean rates under this contract, Contractor must provide, maintain, and update regular vessel schedules in Integrated Booking System (IBS) at least 45 days prior to sail date. For “Short Sails” of 3 days or less, the Contractor shall provide schedules in IBS 15 days in advance of vessel sailing. If the schedule input by Contractor into IBS changes, Contractor must update the change into IBS.

3.A.6.2 Schedule maintenance by Contractor in IBS is critical, as the Government relies on schedules for the movement of all categories of cargo. Failure by Contractor to update vessel schedules will constitute agreement by the carrier to delete the relevant rates (to include ocean rates, inland rates, and/or Single- Factor Rates to/from the relevant ports) from the rate guide for the remainder of the Rate Year. Similarly, if a booking offer for use of a particular carrier vessel schedule is rejected or counteroffered in a manner which, in the sole judgment of the Contracting Officer after consulting with Contractor, indicates that there is no service supporting the schedule, the relevant rates will be deleted from the rate guide for the remainder of the Rate Year. To support schedule maintenance by Contractor in IBS, an automated vessel schedule feed into IBS should be available in 2016.

3.A.6.2.1 Until sixty days after the Contracting Officer notifies Contractor that the automated vessel schedule feature is in place, the Government will not delete accepted rates for which Contractor does not submit schedules into IBS unless a specific requirement exists and SDDC has asked Contractor to submit a schedule into IBS, and either (a) Contractor fails to submit a schedule, or (b) Contractor submits a schedule but rejects or counteroffers the booking in a manner which, in the sole judgment of the Contracting Officer after consulting with Contractor, indicates that there is no service supporting the schedule.

3.A.6.2.2 Starting with the sixtieth day after the Contracting Officer notifies Contractor that the automated vessel schedule feature is in place, the Government reserves the right to delete any rate that is either (a) not supported by a valid schedule IAW 3.A.6.1 and/or 3.A.6.2, or (b) pertains to a booking offer which, in the sole judgment of the Contracting Officer after consulting with Contractor, indicates that there is no service supporting the schedule.

3.A.6.3 Container rates must be supported by a regular fixed-day-of-the-week schedule, either every 7 or 14 days, with the exception of routes that Contractor has identified and Government has accepted as being low-volume routes, in which case frequency may be relaxed to either every 21 days or every 28 days.

3.A.6.4 Breakbulk rates must be supported by a regular, recurring schedule of at least once every 30 days, with two exceptions:

a. for US-flag vessels only, the regular, recurring schedule must be no less frequent than once every 90 days (120 days for routings which circumnavigate the globe, crossing both the Atlantic and Pacific oceans).

b. for non-Jones-Act routes (e.g. CONUS to/from Guam) for which by law foreign-flag service is not permitted even if US-flag is unavailable.

3.A.6.5 The Contractor shall accept, reject, or counter on the same working day to a request for routing proposals received prior to 1430 local time. For a request received after 1430 local time, the Contractor shall respond by 1200 local time of the next working day.

3.A.6.6 Contractor proposal shall include the military voyage number obtained from IBS. Request for routing proposals shall be submitted by email until this information can be requested and replied to via

EDI.

3.A.6.7 Vessel schedule changes that occur prior to vessel cutoff date may result in cancellation of booked cargo at no cost to the US Government.

3.A.7 Service Changes 3.A.7.1 Notification

3.A.7.1.1 The Contractor has the contractual right to make permanent changes in its offered service, including cessation of such service. In the latter case, the affected rates (both ocean and inland rates to/from any ports no longer serviced) will be deleted from the Rate Guide. The Contractor shall notify the Contracting Officer at least 45 days prior to implementation of permanent changes in the Contractor’s commercial offered service. All bookings accepted prior to notification of permanent service change shall be performed in accordance with the booking and all terms contained herein.

3.A.7.1.2 Dry-Dock Initiated Service Change

The Contractor shall notify the cognizant SDDC by e-mail of scheduled dry dockings of US flag vessels at least 45 days prior to the scheduled dry-dock date and update IBS accordingly. The Contracting Officer must be notified in writing of any emergency dry-dock requirement affecting published schedules of US flag vessels, and update IBS accordingly.

3.A.8 Customer Service Assistance 3.A.8.1 The Contractor shall submit a list of points of contact who can respond to US Government activities to provide expert assistance in answering questions, exchanging information, and resolving problems – including at least one primary and alternate point of contact available for urgent matters on a 24 hour basis 7 days a week. The list shall designate which points of contact are available on a 24/7 basis, and which are available only on a more limited basis, and advise the hours during which the latter are available.

The Contractor shall provide this list within one calendar week of contract award, and at the time of award of any option years. Should there be any intervening changes to the list, the Contractor will advise of any changes within one calendar week of any such change.

3.A.9 Electronic Commerce / Electronic Data Interchange (EDI) 3.A.9.1 The Contractor shall use Electronic Data Interchange (EDI) or IBS Ocean Carrier Interface (OCI) module (or successor system) as the primary means for interfacing with SDDC for all bookings.

3.A.9.2 The Contractor shall use the Defense Transportation Electronic Data Interchange (DTEDI) approved Implementation Convention (IC) for the ANSI X 12 300, 301, 303, 304 and 315 transaction sets in compliance with their approved concepts of operations. Versions 3060, 4010 or later are required. The Contractor shall implement changes to business processes contained in revisions to Transaction Set IC and their controlling concepts of operations as may be approved by the Defense Transportation Electronic Board (DTEB). These changes shall be implemented in accordance with schedules approved by the DTEB.

3.A.9.3 The Contractor shall receive or transmit, as appropriate, the following transactions sets:

3.A.9.3.1 Contractor receiving order data, 300 (Delivery order, the booking, including increases and decreases)

3.A.9.3.2 Contractor ordering confirmation data, 301 (Confirmation of order, Contractor to Ordering Officer/COR)

3.A.9.3.3 Cancellation data from Ordering Officer, 303 (Ordering Officer Cancellation)

3.A.9.3.4 Shipping Instructions, 304

3.A.9.3.5 Contractor shipment status reporting data, 315

3.A.9.4 Shipment Status Reporting: The Contractor shall provide accurate shipment status reports using the 315 transaction sets. Transactions shall be submitted in ANSI X-12 EDI standard or OCI to SDDC.

Exhibit 3, PWS, Attachment 1, Table 1 identifies specific events that require reporting. The Contractor shall submit all reports within 24 hours of accomplishment.

3.A.9.4.1 Details regarding each type of EDI transaction can be found in Exhibit 3, PWS, Attachment 1.

3.A.10 Operational Reports The Contractor shall submit operational reports as specified in Exhibit 3, PWS, Attachment 2.

3.A.11 Vessel Cutoffs, Late Gates, and Expedited Origin Linehaul 3.A.11.1 Vessel Cutoffs The Contractor shall provide local cutoffs in IBS Web Vessel Schedule Module and keep SDDC apprised of changes.

3.A.11.2 Origin Cutoffs If the Contractor does not provide a local cutoff in IBS, the default local cutoff is close of business 1 working day before the vessel cutoff at the port with an additional day for each 300 miles from the inland origin point to the port, rounded to the nearest whole day. If the local cutoff falls on a weekend, the cutoff shall be the final workday of that week.

3.A.11.3 Late Gates The Contractor shall lift cargo to the booked vessel when cargo is received after the Contractor's vessel cutoff at no additional charge, if mutually agreeable arrangements have been made with the Contractor for a late gate.

3.A.11.4 Expedited Origin Linehaul to POE For container cargo, Contractors shall provide expedited origin linehaul from origin to the booked port of embarkation (POE) when ordered at time of booking by the Ordering Officer. Contractor shall be paid at the rates in the Rate Guide for the specific origin/port combination ordered in the booking. No payment shall be made if the requested level of service is not provided as booked.

3.A.12 Required Delivery Date (RDD) 3.A.12.1 The Contractor shall deliver all cargo by the Required Delivery Date (RDD) specified in the accepted booking, unless consignee is unable to accept delivery prior to RDD, in which case Contractor shall receive consideration for on-time delivery by requesting an RDD extension via the D-RAP process, and providing supporting documentation if requested by COR. However, Contractor must exercise due diligence to deliver cargo as soon as consignee is able to accept delivery.

3.A.12.2 In those cases when, prior to RDD, the Government directs staging (HG/HR), or authorizes a delay (SD/BD/A1/A2), the RDD is extended by the number of days of staging or authorized delay.

3.A.12.3 Contractor is free to counteroffer the RDD in the cargo offering with RDDs to allow for additional time based on Contractor capabilities or chosen mode for inland movement. In general, RDDs will not be offered that (for port deliveries) are earlier than two days after vessel arrival, and (for door deliveries) that are earlier than one additional day for each 300 miles (or part thereof) beyond the port.

3.A.13 Equipment 3.A.13.1 Container Standards Contractors shall provide containers with clearly marked container numbers that are clean, dry, empty, odor free, suitable for protecting cargo from damage and comply with ISO, International Maritime Organization (IMO), and Convention of Safe Containers (CSC) standards.

3.A.13.2 Reefer Equipment The Contractor shall provide refrigerated containers to the stuffing activity in accordance with the booking to include pre-cooling, when requested by the Ordering Officer.

3.A.13.2.1 The Contractor shall supply reefer containers that maintain a temperature within three degrees Fahrenheit of the in-transit temperature specified for controlled atmosphere and straight chill, and five degrees Fahrenheit for frozen.

3.A.13.2.2 The Contractor shall provide continuous measurement of internal temperature using a Ryan-type recorder or equivalent capable of continuous recording from availability date for a minimum period of 90 days (160 days for “long routings” for which RDD is more than 60 days after cargo availability) to provide consistent reporting and equipment supply. Contractor shall provide measurement data upon request from the Government or (if applicable) from Prime Vendor.

3.A.13.3 Substitution of Equipment:

When the Contractor has accepted a booking and does not provide the conveyance listed in the booking, the Contractor shall provide a suitable alternative agreed upon by the shipper and the Ordering Officer 10 business days prior to vessel load at no additional cost to the US Government.

3.A.14 Chassis Requirements (container only) 3.A.14.1 Containers delivered to the Government or to its designated representative or spotted by the Contractor must be provided at no additional cost (except as provided in 3.A.14.2) 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 U.S. Government or designated representative; unless this requirement is waived by the cognizant COR. Blanket waivers for specific areas or destinations may be issued by the cognizant COR upon request.

3.A.15 Equipment Pools (container only) 3.A.15.1 The Contractor may, upon Government request, establish and maintain equipment pools at no cost to the Government. Expenses for operating equipment pools shall be borne by the Contractor to include establishing, managing and disestablishing pools - and providing a chassis for each container in the pool. A Contractor's inability to establish and/or maintain equipment pools may result in fewer bookings at that location.

3.A.15.2 The Contractor shall provide documentation to the shipper to identify the equipment by Contractor SCAC, equipment owner code, and container number when empty containers are delivered to a shipper for inclusion in a pool. Once the shipper notifies the Contractor that a container is available for pickup, the container is considered loaded and no longer part of the established pool and the Contractor shall replace the empty container within two business days. The Contractor shall respond by the next business day if delivering the empty on the second business day would cause a work stoppage. Customer will notify Contractor if required by the next business day.

3.A.15.3 Locations for which pools are normally requested include, but are not limited to:

AAFES Forest Park, GA AAFES Dan Daniels, VA AAFES San Joaquin, CA AAFES Giessen, Germany DeCA Norfolk, VA (MDV) DeCA Stockton, CA DeCA Hayward, CA DLA Depot Germersheim, Germany (DDDE) DLA Depot Red River, TX (DDRT) DLA Depot New Cumberland, PA (DDSP) DLA Depot Mechanicsburg, PA (DDSP) DLA Depot San Joaquin, CA (DDJC) DLA Depot Norfolk, VA (DDNV) DLA Prime Vendor Valdosta, GA DLA Prime Vendor Pocomoke City, MD DLA Prime Vendor La Mirada, CA DLA Prime Vendor Stockton, CA DLA Prime Vendor Richmond, CA DLA Prime Vendor Swedesboro, NJ DLA Prime Vendor Front Royal, VA NEXCOM Norfolk, VA NEXCOM Chino, CA NEXCOM Montebello, CA MPSA Oakland, CA MPSA Jersey City, NJ

Ameriqual Evansville, IN

3.A.15.4 When a shipment is delivered to a consignee co-located with a container pool location, Contractor must submit a RD transaction for the TCN representing the delivered container in accordance with Exhibit 3, PWS, Attachment 1.

3.A.16 U.S. Government Furnished Containers (GFC) 3.A.16.1 Booking Offers will designate whether containers will be U.S. Government-furnished containers (GFC) or Contractor-provided. The Contractor shall provide the same level of service to the carriage of cargo in GFC that is provided to the carriage of cargo in the Contractor’s container at no additional cost.

3.A.16.2 The Contractor shall provide a chassis for GFC shipments whenever the Contractor is responsible for the associated inland transportation, unless this requirement is waived by the local shipping/receiving facility or custom of the trade does not normally call for the use of chassis. Detention shall apply to carrier owned chassis when associated to GFC.

3.A.16.3 Contract linehaul rates shall apply for transporting loaded GFC. Inland transportation of empty GFC requested by the Government shall constitute a separate inland move subject to contract linehaul rates unless otherwise mutually agreed to by the Contractor and the Government.

3.A.16.4 The Contractor shall not be entitled to detention for GFC. The Contractor shall return GFC in the same condition as received and shall be liable for loss or damage to the GFC resulting from the contractor’s negligence.

3.A.16.5 When the Contractor provides any Accessorial services in connection with services provided to US Government owned/leased containers, the appropriate Contractor rates contained in the Rate Guide shall apply.

3.A.16.6 GFC includes 8.0’- 9.5’ high x 8’ wide x 20/40’ long ISO dry cargo containers, reefer containers and flatracks. GFC may be government-owned or leased containers.

3.A.16.7 Contractor has the right to refuse a GFC for shipment (unless booked as Breakbulk) if it is not properly numbered (neutralized), or that does not comply with ISO, IMO and CSC Standards.

3.A.17 Flatrack Containers The Contractor shall furnish flatrack containers as specified in the booking. Contractor shall be paid an additional flatrack surcharge in accordance with the Rate Guide.

3.A.18 Bulk Liquids 3.A.18.1 The US Government may furnish 20’ tank containers for shipment of bulk liquids by the Contractor.

3.A.18.2 When a US Government furnished tank container is not provided, the Contractor shall provide an acceptable, clean and empty tank container to the shipper and transport to destination. The consignee shall empty the container of liquid but not necessarily of residue, and return it to the Contractor. The Contractor shall be compensated for providing the tank container and for cleaning the empty container at the "Contractor Provided Tank Container” in accordance with the Rate Guide. The Contractor shall be compensated for ocean transportation of these tanks at rates for dry containers, and for linehaul or drayage, if ordered.

3.A.19 Maximum Use of Conveyance All linehaul movements by truck must maximize use of the truck with USC-8 cargo. Only when all USC-8 cargo has been accommodated, may a truck be loaded with other cargo adjacent to (but not on top of or inside) USC-8 cargo.

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

3.B.1 Shipment Booking All cargo shall be booked to the Contractor at the discretion of Ordering Officers based on a best value analysis in accordance with Exhibit 4.

3.B.2 Booking Acceptance 3.B.2.1 Issuance of a booking number by the Contractor through EDI, OCI, Direct Booking, email, or facsimile communication to the US Government constitutes acceptance of booking. The parties may subsequently agree to amendments/changes prior to delivery, including rerouting of containers as specified in Exhibit 3, PWS, paragraph 3.G.5. Should the Contractor use auto-accept or other processes that provide a booking number in advance of full evaluation of the offer, Contractors shall have one business day to review and, if desired by Contractor, to counteroffer.

3.B.2.2 The Contractor shall accept bookings, up to a vessel’s space commitment in accordance with Exhibit 3, PWS, paragraph 3.A.5, if the booking is received no less than 5 business days prior to a local cutoff. Empty US Government-owned, empty US Government-leased containers or other empty special equipment shall be booked on a space-available basis. Empty containers shall be offered to the Contractor, who shall propose space for them on the first sailing for which space is available.

3.B.3 Response to Booking Requests 3.B.3.1 The Contractor shall accept, reject, counter, or request additional time for planning purposes on the same business day to a booking received prior to 1430 local time. For a booking received after 1430 local time, the Contractor shall accept, reject, counter, or request additional time for planning purposes by 1200 local time of the next working day. For hazardous cargo, Contractor shall respond to cargo offerings within 48 hours after shipper has provided relevant hazardous information to Contractor for determination of acceptance/rejection of cargo offering.

3.B.3.2 Contractor counteroffer shall include the military voyage number obtained from IBS.

3.B.4 Automated Booking (This paragraph does not apply to Breakbulk Carriers) Contractors shall implement an automated booking capability via EDI or OCI with the IBS within 30 business days after award of contract. EDI transaction sets shall comply with standards identified in this contract. Contractor shall respond to all cargo offerings, including changes to previous offerings within two hours of the time the cargo offering is released by IBS. Automated booking capability shall be maintained 24 hours per day, 7 days per week, throughout the period of the contract. Contractors shall have 1 business day to counteroffer any booking processed automatically. For hazardous cargo, Contractor shall respond to cargo offerings within 48 hours after shipper has provided relevant hazardous information to Contractor for determination of acceptance/rejection of cargo offering.

3.B.5 Direct Booking Procedures 3.B.5.1 Contractors with established direct booking capabilities shall accept bookings from shippers who are authorized to use Direct Booking procedures. Contractors shall ensure that Direct Booking systems comply with the terms and provisions of this contract. RDDs accepted in the Contractor’s Direct Booking systems will be used to measure RDD compliance.

3.B.5.2 Contractors with Direct Booking capabilities will ensure that the booking acceptance process evaluates "Required Delivery Dates" consistent with its capabilities, especially as Direct Booking offers may not filter out unrealistic bookings per Exhibit 3, PWS, paragraph 3.A.12.

3.C Origin Services

3.C.1 Providing Empty Containers to Shippers 3.C.1.1 Spot Date At least 1 day prior to the spot date annotated in the booking, the Contractor shall notify the cognizant Ordering Officer and shipper of any containers which cannot be spotted to meet booking requirements.

Failure to provide such notification and/or failure to spot containers or pick up cargo in a timely manner to meet booked vessel may result in a booking cancellation at no cost to the US Government.

3.C.1.1.1 Container detention at origin does not apply, except in the case of a Government-approved compensable delay.

3.C.1.2 Drop and Pick Service

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

3.C.1.2.2 When requested by the Ordering Officer, the Contractor shall provide drop and pick service and shall be compensated $300 per container.

3.C.1.2.2.1 Drop and pick service rates will not apply:

1. At all OCONUS locations

2. In CONUS, where Contractors have established container pools

3. In CONUS, where Contractor and shipper mutually agree to drop and pick service at no cost.

3.C.1.2.3 When requested by the Ordering Officer, the Contractor shall provide (for bookings of more than one container) round robin drop and pick service at no cost to the US Government.

3.C.2 Live load 3.C.2.1 The Contractor shall provide live load service at origin as follows:

1. At locations where drop and pick service is not requested by the US Government

2. All other locations when requested by the US Government

3. When agreed to by the shipper when the Contractor schedules pickup

3.C.2.1.1 The Contractor and the shipper shall set a live load appointment (date and time and specific location). Driver wait times will be paid in accordance with Exhibit 3, PWS, Table 3.G.4.2.5.1. Waiting time shall only run during the shipper's normal business hours of operation. In the event the Contractor arrives 30 minutes or later after the agreed upon time, the shipper may load the cargo immediately or reschedule the loading for a later time. In either case, free time starts upon actual start of loading operations. Shipper may also cancel the appointment and reschedule for a different day at no additional cost to the U.S. Government.

3.C.2.2 In the event the shipper is not able to complete loading by the end of the shipper's business day, the Contractor shall be paid a $150 overnight charge. When loading operations resume, free time, if there is any not used, or waiting time shall start at the time the shipper's workday starts unless the shipper and Contractor agree to a different time.

3.C.2.3 At the request of the Ordering Officer, the Contractor may pick up empty US Government owned or leased containers from locations separate from the designated loading location and deliver them to the shipper for loading. Compensation for this is covered in PWS, paragraph 3.H.1. The container shall be spotted at the shipper’s location using rules for live load, drop and pick or pool as would apply for a Contractor provided container.

3.C.3 For locations in CONUS using the Carrier Appointment System (CAS), Contractor shall use CAS to make appointments for cargo pickup and container spotting. In addition, Contractor shall adhere to the Transportation Facilities Guide (TFG).

3.D Ocean Transportation

3.D.1 Cargo Lift and Advancement 3.D.1.1 For door-origin cargo, the Contractor shall pick up cargo/stuffed containers to meet the booked vessel when the US Government makes pick-up notification Contractor shall coordinate pick up dates/times directly with shipper.

3.D.1.2 The Contractor shall lift cargo onto the vessel identified in the booking or to an earlier arriving vessel. Cargo advanced to an earlier arriving vessel shall not displace no-shows and rollovers from previous voyages or cargo already booked. Cargo may be advanced only if the Contractor has received all required documentation. Contractor will notify shipper and origin Ordering Officer when cargo is advanced. Advancement of cargo shall not create a liability to the Government, if no liability would exist if cargo had not been advanced.

3.D.1.3 Shipments that were advanced without proper coordination for early delivery in accordance with Exhibit 3, PWS, paragraph 3.F.1, charges and free time shall be calculated based on the RDD agreed to in the booking.

3.D.1.4 Contractor shall not advance cargo to an earlier vessel(s) that has a lower VISA or flag priority than the booked vessel unless prior written approval is granted by SDDC HQ.

3.D.2 Contractor shall submit an entry into the Booking Reconciliation Tool (BRT) identifying all cargo that, for any reason, was not lifted onto the vessel identified in the booking – whether advanced to an earlier vessel, delayed to a later vessel (roll, shutout, Force Majeure, etc.), different number of pieces/containers, or any other discrepancy between the booking and the cargo actually lifted.

3.E Cargo Clearance Service

3.E.1 The responsibilities for cargo clearance under this contract are shared between Contractor and U.S. Government.

3.E.1.1 For many locations, the U.S. Government has principal responsibility for cargo clearance and performs the majority of tasks incident to clearance. These include the preparation of documents or entry into automated customs systems but, by local practice the U.S. Government may require the Contractor to perform tasks such as document pickup and delivery, presentation of documents to appropriate customs officials and payment of processing fees.

Costs incurred by the Contractor to provide these incidental services shall be included in applicable ocean or single factor rates. Exhibit 3, PWS, Table 3.E.1 identifies a list of locations where the U.S. Government typically has principal responsibility for cargo clearance. Unless ordered in the booking, Contractor- Arranged Cargo Clearance is not payable at these locations.

Table 3.E 1 United States, including territories and possessions Canada Japan (See Para. 3.E.1.4), including Okinawa South Korea

Kuwait

EUCOM AOR:

Belgium Bulgaria Germany Italy Netherlands Norway Portugal including Azores Romania Slovenia Spain Turkey United Kingdom and its territories and possessions

Hardcopy document clearance

1. U.S. Government prepares a cargo clearance request package (Complete except for any carrier provided documents).

2. U.S. Government may submit to customs or give to the carrier for the carrier to combine with carrier documents (such as bill of lading) and deliver to customs officials, pay minor processing fees, obtain approvals and notify additional personnel requiring notification upon clearance approval.

3.E.1.2 Contractor-Arranged Cargo Clearance: Contractor acts on behalf of U.S. Government to obtain Cargo clearance.

When Contractor-Arranged Cargo Clearance is ordered by the U.S. Government, the Contractor has principal responsibility for cargo clearance.

Contractor-Arranged Cargo Clearance includes, as required by local practice additional services that include,

1. Coordination with shipper/consignee and local customs authorities to obtain and/or prepare (except for signature) all necessary documentation for cargo clearance;

2. Prepare and Provide forms/documents to receiver/US Government for signature;

3. Deliver documents to the customs office, and ensure that documentation is provided to all local entities as required to permit release and on-carriage of cargo to final destination.

When this accessorial service is ordered and provided, the Contractor shall be paid the cargo clearance accessorial in accordance with the Rate Guide. Cargo clearance shall be paid per container or piece in Iraq, Kuwait and Pakistan. For all other locations where contract arranged cargo clearance is required, it shall be paid per PCFN. When a PCFN is split over 2 or more voydocs, due to no fault of the Contractor, cargo clearance will be applicable for each voydoc.

3.E.1.3 Additional countries may be added to Exhibit 3, PWS, Table 3.E.1 should it be determined that the US Government has increased its presence in a country, and that the US Government shall provide clearance services as described by Exhibit 3, PWS, paragraph 3.E.1.1.

3.E.1.3.1 Countries shall be removed from Exhibit 3, PWS, Table 3.E.1 via bilateral modification should it be determined that the US Government has decreased its presence in those countries, and that the US Government can no longer provide clearance services as described by Exhibit 3, PWS, paragraph 3.E.1.1.

3.E.1.4 Exception for Shipments to Kobe, Hakata and Nagoya, Japan

3.E.1.4.1 Due to the of absence of Transportation Movement Offices (TMO) at Kobe, Nagoya and Hakata ports, the following ancillary service shall be provided by the Contractor for these specific ports. In addition to the Contractor’s basic service, the Contractor shall provide courier service performed by a licensed customs broker for each port. The Contractor shall present the certified and authenticated Customs Free Import or Export of Cargo or Customs Declaration of Personal Property, USFJ Form 380EJ together with the Contractor Arrival Notice (OCAN) to the customs office. The Contractor shall include costs for this service in the applicable rate.

3.E.1.5 The shipper will provide the Contractor with appropriate shipper generated customs documents in a timely manner in accordance with the DTR and relevant Business Rules. If shipper fails to do so, Contractor will – either one or two business days after actual sail from POE -- notify shipper and SDDC HQ Documentation Team or cognizant SDDC (or other Government) Terminal by e-mail if customs documentation is missing or inaccurate.

3.E.1.5.1 Import/Export Services: The Contractor shall be responsible for the preparation and/or completion of all required documentation and the submission of the documentation to the appropriate embassy and/or local US Government agencies for the approval, certification, stamping and/or signatures necessary to obtain border clearances and transit. Costs for these services must be included in line haul rates, except that for locations included in the Rate Guide, Contractor to submit rates for Import/Export Border Clearance service as part of proposal submission.

3.E.1.5.2 The requested services include, but are not limited to, the completion, preparation, and submission of exemption forms, cargo declarations, goods declaration forms, and importation/exportation forms necessary to effect border transit from origin to port.

3.E.1.6 Notification of Cargo Held by Customs The Contractor shall promptly notify the cognizant COR and SDDC Battalion within 24 hours if cargo is held up by Customs, or if the local port authorities require direct US Government intervention for cargo customs clearance.

3.F Destination Services

3.F.1 Delivery Notification and Receipt 3.F.1.1 For destination door cargo, Contractor shall schedule all deliveries in writing with the consignee or consignee's agent prior to any actual or attempted delivery. Such written notification (which may be supplemented but not replaced by telephone calls) shall take place prior to departure of cargo from POD or intermediate intermodal point (e.g. barge or rail terminal), and at least 2 business days prior to planned delivery, unless otherwise agreeable to consignee. Under no circumstances shall Contractor deliver containers or pieces on the same day as notification unless specifically requested by the consignee.

3.F.1.2 For cargo booked to port, Contractor shall notify consignee/consignee’s agent and cognizant SDDC office two times – once at least 3 calendar days prior to scheduled vessel arrival at port of debarkation (or within 24 hours after vessel departure from POE for sails shorter than 3 days) and once after cargo is ready for pickup and gate pass is available for outgate. This second notification shall be made only after contractor has completed all its obligations at POD (including but not limited to (a) stripping flatracks/containers of cargo, and/or (b) performing customs/other obligations so that gate pass is available). If gate pass is not available solely due to Government failure, contractor shall advise accordingly. The second notification is not required for cargo booked to port on free-out terms.

3.F.1.3 Contractor shall deliver all containers or pieces to each consignee during the consignee's normal business hours. If delivery is requested and performed outside the installation’s normal business hours, Contractor may submit invoices for additional costs as provided by Exhibit 3, PWS, Attachment 6.

3.F.1.4 Contractor shall deliver on a specific day if requested by the consignee provided the Contractor can accommodate the request using the Contractor’s normal service, i.e. at no additional charge.

3.F.1.5 If the date the delivery is requested is later than the RDD, Contractor may request a delay in D- RAP in accordance with Exhibit 3, PWS, Attachment 1.

3.F.1.6 The Contractor 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. Refusal to sign a delivery receipt shall be promptly reported by Contractor to the COR. This signed delivery is required as detailed in Exhibit 3, PWS, Attachment 6.

3.F.1.7 A signed delivery receipt with no damage noted does not preclude the U.S. Government from pursuing a claim for damages discovered after delivery. If damage is later discovered, Contractor will be notified (normally but necessarily within three days of discovery) and requested to survey cargo.

Contractor may inspect the shipment within seven calendar days from the date of notification.

3.F.1.8 Delivery receipt shall contain the following information: carrier, PCFN, IBS TCN, container number (if applicable), consignee DoDAAC or Military Assistance Program Address Code (MAPAC) 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.

3.F.2 Expedited Delivery (EUCOM AOR) Expedited delivery service in the EUCOM AOR: The Contractor shall provide expedited delivery when ordered by the Ordering Officer. The Contractor shall deliver the container to consignees in Germany within 2 business days and 1 business day at all other locations commencing at 0001 hours on the first working day following vessel discharge or customs clearance of such containers, whichever is later, for distances of up to 400 miles. For distances greater than 400 miles, Contractors shall be provided an additional day for each 400 miles of distance. When the Contractor schedules delivery by appointment for a mutually-agreed time and date the consignee shall be required to "live unload" containers transported under expedited delivery service ordered by the US Government. EXCEPTION: Expedited delivery of shipments en route, but prior to commencement of on-carriage at port of debarkation shall be by mutual consent of the US Government and the Contractor. Contractors shall be compensated according to the following schedule for expedited delivery services:

EXPEDITED DELIVERY SERVICE SCHEDULE

Minimum Charge (up to 199 miles) $350.00 200 miles to 400 miles $450.00 401 miles to 599 miles $750.00 Over 599 miles $750.00 plus $0.25 per mile for each mile over 599

3.F.3 Live Unload 3.F.3.1 The Contractor shall provide live unload service at destination as follows:

1. All locations when requested by the U.S. Government

2. When agreed to by the receiver when the Contractor schedules delivery

The Contractor and the…