HTC711-15-R-W002-0008.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. Proposal submission deadline changed from 1 Sep 2015 to 8 Sep 2015 at 12:00pm (CDT)

2. Exhibit 1 - Modified paragraph 52.212-1(b)(4)

3. Exhibit 3, PWS - Modified paragraph 3.G.4.1.4 and section 3.G.9 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 01-Sep-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 X is extended, 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

01-Sep-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

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 01-Sep-2015 03:00 PM to 08-Sep-2015 12:00 PM.

(End of Summary of Changes)

Universal Service Contract - 8 Exhibit 1

ADDENDUM TO FAR 52.212-1

FAR 52.212-1, Paragraphs (b) and (c), are hereby amended as indicated below. Paragraphs (d) through (l) are re-numbered as (f) through (n).

(b) Submission of Offers

(1) In response to this request for proposals (RFP), an offeror must mail or hand-deliver a written proposal in accordance with Paragraph (b.1) titled "Written Proposals", including all representations and certifications to the address listed in Paragraph (b)(4)(i) below.

(2) Offerors must also electronically submit proposed rates using the Carrier Analysis & Rate Evaluation

System, Service Module (CARE II SM). The CARE II SM is accessible through the Internet using the CARE II System Center Web Site at the Internet address listed in Paragraph (d)(1) below.

(3) Offerors intending to respond to this solicitation must provide a written request for a CARE II SM user account in accordance with Paragraph (d)(3) below. All of the information necessary to complete the electronic submission of the offer can be found at the Internet address provided in Paragraph (d)(1) below.

(4) Written and electronic proposals must be submitted to the addresses listed below and must arrive prior to 12:00 PM(CDT) on 08 Sep 2015 The offeror agrees to hold the prices in its offer firm for 180 days from the date specified for receipt of offers. The written proposal must be enclosed in a sealed envelope marked "Request for Proposal No. HTC711-15-R-W002”. The offeror's name and address should appear in the upper left-hand corner, and the envelope should be enclosed in a second envelope that must be sent to the address listed below.

(i) The written proposal must be sent to the Contracting Officer, Mr J. R. Oliver, at the following address:

USTRANSCOM / TCAQ-I

ATTN: MR J. R. OLIVER

SEALIFT BRANCH

508 SCOTT DRIVE

SCOTT AFB, IL 62225

(ii) Any and all questions concerning the RFP must be submitted in writing to:

Ms Lisa Cahill Phone: (618) 220-7081 E-Mail: lisa.n.cahill2.civ@mail.mil

And

Mr J. R. Oliver Phone: (618) 220-7108 E-Mail: j.r.oliver.civ@mail.mil

(5) Company email/internet addresses must be provided with the written proposal.

(6) All offerors are required to submit their Standard Carrier Abbreviation Code (SCAC) with their written proposal.

(b.1) Written Proposals

(1) In addition to the CARE II SM data required in Paragraph (d) below, offerors must submit written proposals as described below in the quantities stated:

(i) VOLUME I – Executed RFP Documents (Submit original documents and one copy)

(ii) VOLUME II - Technical Proposal (Submit original and five copies)

(iii) VOLUME III – Past Performance Information (Submit original and two copies)

(iv) VOLUME IV – Small Business Proposal (Submit original and one copy)

(v) VOLUME V – Pricing Proposal

NOTE: Instructions for submitting Volumes I through V are as follows:

(2) Executed RFP Documents (VOLUME I). Offerors shall submit all documents requiring signature or completion by the offeror. Each offeror shall complete applicable fill-ins and signatures and submit the original documents listed below. An authorized official of the firm shall sign the offer and all certifications requiring original signature.

Standard Form 1449, including acknowledgment of amendments, if applicable.

CAGE Code in Block 17a of Standard Form 1449

FAR Clause 52.212-3, Offeror Representations and Certifications – Commercial Items

FAR Clause 52.203-2, Certificate of Independent Price Determination

FAR Clause 52.209-7, Information Regarding Responsibilty Matters

FAR Clause 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan

DFAR Clause 252-209-7999, Representation by Corporations Regarding an Unpaid Delinquent Tax

Liability or a Felony Conviction under any Federal Law

(3) Technical Proposal (VOLUME II). Offerors are required to submit a written technical proposal.

Technical Proposals shall also address the following subfactors:

(i) Vessel Profile. Provide one vessel profile for oceangoing vessel owned by, or under the offeror’s control of, the offeror. Offerors shall either provide documented evidence of vessel ownership or control.

Vessel profiles must include the name of the vessel, type of vessel, capacity of the vessel and the flag of registry.

U.S. Domestic Shipyard (applies to Jones Act trade only) information must be provided showing the overhaul, maintenance, and repairs done inside the U.S. and foreign countries within the past three years.

(ii) Electronic Data Interchange (EDI). Describe the offeror’s approach to providing the EDI interface requirements identified in the solicitation and the offeror’s plans and ability to meet the EDI requirements.

Offerors must submit a copy of their Trading Partner Agreements (TPA), effective/dated 1 Jan 2008 or later, as part of their offer. Information on TPAs can be obtained by contacting Ms Sherry Verdu at sherry.m.verdu.civ@mail.mil /(618) 220-5781 or Ms Rose McLeod at rose.m.mcleod.civ@mail.mil/(618)220-5656.

(iii) Information Assurance & Cyber Security. The offeror shall identify any specific NIST Special

Publication 800-53, Security and Privacy Controls for Federal Information Systems and Organizations, standard identified in Attachment 1 of Exhibit 2, that they do not intend to implement. Specifically, the offeror shall explain how the required security control identified in the table of Attachment 1 of Exhibit 2 is not applicable, or how an alternative control or protective measure is used to achieve equivalent protections.

(4) Past Performance Information (Volume III) mailto:sherry.m.verdu.civ@mail.mil mailto:rose.m.mcleod.civ@mail.mil

(i) The offeror shall submit no more than two past performance references, public or private, for which the offeror has performed services, within the previous three calendar years, similar in nature to the services described in this solicitation. Each reference should include the name of the company or Government agency services were performed for and a point of contact and phone number for the references listed. The Government may contact those references to verify information and/or gather additional information. References provided should address the contractor’s performance in the following areas:

(a) On-time delivery: Provide a description of the offeror's on-time delivery metrics of previous contracts either Government or Commercial.

(b) Quality of EDI data: Provide a description of the offeror's ability to meet the EDI requirements of previous contracts either Government or Commercial.

(c) Consistency and reliability of service: Provide a description of the offeror's ability to maintain service per advertised schedules to include ports of call.

(d) Loss of and/or damage to shipments: Provide a description of the offeror's ability to provide loss and damage free shipments.

(ii) Past Performance Questionnaires. The offeror shall send out a Past Performance

Questionnaire (Exhibit 1, Attachment 2) to each of the offeror’s references identified in their proposal along with a request to complete the questionnaire and return it to the Government by the date specified for receipt of offers. The responsibility to send out the Past Performance Questionnaires rests solely with the offeror; it shall not be delegated to any other entity. Once the questionnaires are completed, the information therein shall be considered procurement sensitive and shall not be released to you, the offeror. Completed Past Performance Questionnaires shall be submitted via email to lisa.n.cahill2.civ@mail.mil and j.r.oliver.civ@mail.mil.

(5) Small Business Proposal (Volume IV)

(i) Subfactor 1 - Small Business (SB) Subcontracting Plan (Applies to Large Businesses Only).

Offerors shall submit a SB Subcontracting Plan in accordance with FAR 19.7, FAR 52.219-9, DFARS 219.7, and

DFARS 252.219-7003.

Size Category Recommended subcontracting goal Small Business (SB) 25% of total domestic subcontracting dollars

Small Disadvantaged Business (SDB) 5% (statutory goal) of total domestic subcontracting dollars

Veteran Owned SB (Includes

SDVOSB)

4% of total domestic subcontracting dollars

Service Disabled Veteran Owned SB 3% (statutory goal) of total domestic subcontracting dollars

HUBZone SB 3 % of total domestic subcontracting dollars

Woman Owned SB (WOSB) 3% (statutory goal) of total domestic subcontracting dollars

(ii) Subfactor 2 - Small Business Utilization Plan (Applies to Small Businesses Only). The offeror shall submit a Small Business Utilization Plan which identifies the offeror’s approach to utilizing small business concerns (Small Business, Small Disadvantaged Business, Women-Owned Small Business, HUBZone Small Business, Veteran-Owned Small Business, Service-Disabled Veteran Owned Small Business, Historically

Black Colleges or Universities and Minority Institutions and other) in the performance of this contract to the maximum extent possible. In describing its SB Utilization Strategy, the offeror shall:

(a) Provide a description of services to be performed by each SB and SB concern subcategory proposed. Include the services to be performed by the offeror.

(b) Provide total proposed domestic contract value (projected for this solicitation) and goals, expressed as dollars and percentages, of the value of work to be performed (to include supplies) for the offeror and each concern in the format depicted below:

Offeror Name

Total Proposed Domestic Contract Value (including options) “A”

$ A

$ Value to be Performed

% of Total

Domestic Contract Value

Large Business “C” B (B / A)*100

Small Business (SB) Concern and

Subcategories:

$ Value to be

Performed

% of Total

Domestic Contract Value

Small Business (do not incorporate subcategories)

C (C / A)*100

Small Disadvantaged Business (SDB) D (D / A)*100

Women-Owned SB (WOSB) E (E / A)*100

HUBZone SB F (F / A)*100

Veteran-Owned SB (VOSB) G (G / A)*100

Service-Disabled VOSB (SDVOSB) H (H / A)*100

Historically Black Colleges or Universities and Minority Institutions

I (I / A)*100

Other J (J / A)*100

Total ($ Value should equal “A”) 100%

(6) Pricing Proposal Narrative (Volume V)

(i) Proposed rates shall be submitted using the CARE II system. Pricing information shall not be included in offeror’s written technical proposal.

(ii) Tariffs. To allow for a price comparison review, the offeror must submit with its Pricing

Proposal information sufficient to enable proposal evaluators to access internet web sites containing all effective commercial tariffs published by the offeror for all trade routes for which service is offered under this solicitation.

(b.2) Electronic Offers

(1) Access to all SDDC electronic systems, such as CARE II, IBS, etc., can be gained at the following address:

https://eta.sddc.army.mil/

(2) CARE II Application Instructions:

(i) Instructions for the CARE II application can be obtained from the CARE II System Center Web Site.

(ii) Carriers should enter the service that provides the shortest transit time the carrier is willing to offer between the origin and destination.

(iii) Note that a rate offered with the value of "$0" (zero dollars) will be considered as "no charge" for service by the Contracting Officer.

(iv) Carriers should not offer a rate in the CARE II SM for contract line item numbers (CLINs) they do not offer service on.

(v) All basic container rates, unless otherwise specified, are to be offered in whole dollars per container (lump sum).

(vi) All basic breakbulk rates, unless otherwise specified, are to be offered in whole dollars per measurement ton (MsT) of 40 cubic feet manifest measure and apply on a Free In and Out (FIO) basis.

(vii) Changes to rate offers can be made to any Contract Rate Submission as identified in the CARE II SM up until the date specified for the receipt of offers. The offeror must enter changes to offers in whole dollars per MsT, per container, or as otherwise specified, in the appropriate line item field.

(viii) Carriers must notify the Contracting Officer within 72 hours of the solicitation issuance date if they are unable to obtain a CARE II account.

(ix) Once a CARE II account is established, carriers must immediately notify the Contracting

Officer and SDDC G6 in the event difficulties are encountered in accessing the CARE II. If carriers are unable to access the CARE II to enter the required data in sufficient time to be received by the Government by the date established for receipt of proposals, they may request authorization from the Contracting Officer to submit a copy by any means other than via the CARE II, which shall contain the required proposal data.

(3) Request for CARE II User Account.

(i) The CARE II application will be provided only upon receipt of an electronic request submitted via the SDDC Electronic Transportation Acquisition (ETA) web site (https://eta.sddc.army.mil/). Click on the "New User Registration" link on the left side of the page. Scroll down the page to "IBS CARE II (Carriers)" and put a check in the box to the left. Scroll down to the bottom of the page and click "Generate Request Form". Fill in all applicable information and click "Submit Request". The CARE II user account will consist of a User ID and Password, each unique to the individual offeror. Upon receipt of the request, the CARE II user ID and password will be made available to the requesting party via e-mail within two working days. Help with access to CARE II SM is available by contacting usarmy.scott.sddc.mbx.g6-src-ibs-hd@mail.mil and Roosevelt Mitchell, 618-220-5659.

https://eta.sddc.army.mil/ mailto:usarmy.scott.sddc.mbx.g6-src-ibs-hd@mail.mil

(ii) How to Sync Certificate with ETA:

(a) Log in to ETA with User ID and Password at https://eta.sddc.army.mil/

(b) On the top banner select “Support”

(c) Click on “Register certificate (CAC/ECA/TWIC)” in the dropdown

(d) Click on “Register certificate”

(e) Submit CAPTCHA answer and click “SAVE”

(f) CAC/ECA is now registered

(iii) Hardware and Software Requirements

(a) The minimum hardware and software requirements for the operation of the CARE II application are:

� 1 Gigahertz (GHz) 32-bit (x86) or 64-bit (x64) � Windows XP or newer version

� 2GB RAM

� 200 MB hard disk space � Super VGA monitor with 1024 x 768 resolutions � Microsoft Mouse or compatible pointing device

(b) In order to access the CARE II SM from the web, offerors must have internet access and the following minimum web browser specifications:

� Microsoft Internet Explorer Internet Explorer 7.0 � Browser must support 128-bit encryption for secure transmission of data

(b.3) Pre-Proposal Conference

USTRANSCOM will host the USC-8 Preproposal Conference on 4 June 2015.

Names of attendees must be submitted to Lisa Cahill (lisa.n.cahill2.civ@mail.mil) and J. R. Oliver

(j.r.oliver.civ@mail.mil) via e-mail no later than 26 May 15 in order to facilitate a base pass.

(End of Addendum)

ADDENDUM TO FAR 52.212-2

FAR 52.212-2 is amended in its entirety as follows:

(a) The Government will award multiple contracts resulting from this solicitation to the responsible offerors whose offers conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Multiple contracts will be awarded to provide Government shippers flexibility of choice and service coverage. Best value source selection procedures where no trade offs will be made will be utilized in accordance with FAR 15.101 and DOD Source Selection Procedures. The following factors shall be used to evaluate offers:

(1) Technical. Offeror’s written Technical Proposals will be evaluated to determine if the offeror’s technical approach is Acceptable or Unacceptable. Offeror’s technical proposals will be evaluated on an overall basis of providing ocean transportation services. The following subfactors will be evaluated under the Technical Factor:

(i) Vessel Profile. To be rated Acceptable, offerors must demonstrate that the proposed vessel they own, or have control of, is ocean going.

(a) The offeror shall include U.S. Domestic Shipyard information (applicable to Jones Act trades only) indicating the extent of overhaul, repair and maintenance work of vessels in the US or foreign countries requiring a shipyard period greater than or equal to 5 calendar days during the current year of the proposal and the preceding three years. To be rated as acceptable, the Contractor shall submit the report.

(b) The offeror shall provide the following information with its offer, addressing all covered vessels for which overhaul, repair and maintenance work has been performed during the period covering the current calendar year, up to the date of proposal submission, and the preceding three calendar years:

a. Name of Vessel

b. Description and cost of qualifying shipyard work performed in U.S.

shipyards

c. Description and cost of qualifying work performed in foreign shipyard

i. Such work was performed as emergency repairs in foreign shipyards due to accident, emergency, Act of God, or an infirmity to the vessel, and safety considerations warranted taking the vessel to a foreign shipyard; or

ii. Such work was paid for or reimbursed by the U.S. Government

d. Names of shipyards that performed the work

e. Inclusive dates of work performed

(ii) EDI Capability. To be rated Acceptable, the offeror must demonstrate that they will provide all mandatory EDI interface requirements as described in the solicitation and they must also demonstrate that they have Trading Partner Agreements in place.

(iii) Information Assurance & Cyber Security: Information Assurance & Cyber Security. To be rated Acceptable, for any offeror-identified NIST standards that will not be implemented, the offeror must explain how the required security control identified in the table (Exhibit 1, Attachment 1) is not applicable, or how an alternative control or protective measure will be used to achieve equivalent protections. The offeror's explanation must provide assurance that implementation of their information systems security without a specific control (or controls), or use of an equivalent control should be effective in protecting DoD information from unauthorized disclosure.

(2) Past Performance. Offeror’s Past Performance Information for efforts completed within the past three years will be evaluated to determine if the offeror’s past performance is Acceptable or Unacceptable. If, based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown, their offer will be rated Acceptable. If, based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort then their offer will be rated Unacceptable.

(i) The Government will begin the Past Performance evaluation by determining the recency and relevancy of each referenced contract. Recency is defined as any work performed within the past three years from the date of issuance of the solicitation. The following relevancy ratings will be utilized in evaluating the relevancy of the offeror’s past performance. Only those references that are determined to be recent and relevant will be evaluated.

RATING DESCRIPTION

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

(ii) Next, the Government will determine how well the offeror performed on the recent and relevant contracts.

(iii) Finally, the Government will assign an overall Past Performance Information rating of Acceptable or Unacceptable to each offer based on the past performance information submitted by the offeror, and any other past performance information obtained by the Government through the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), other databases, interviews with Program Managers, Contracting Officers, Fee Determining Officials or any other source available to the Government.

(3) Small Business Proposal. Each offeror’s SB Proposal will be evaluated as Acceptable or Unacceptable at the subfactor level. Offeror’s must receive a rating of Acceptable in order to be considered for award. The following subfactors will be evaluated under the Small Business Factor:

(i) Small Business Subcontracting Plan (Applies to Large Businesses Only). To be rated acceptable, the offeror’s proposed SB Subcontracting Plan must meet all of the requirements in FAR 19.7 and provide sufficient detail to demonstrate how the offeror intends to meet the proposed contract SB subcontracting goals. The information contained in the proposed SB Subcontracting Plan must appear to be realistic based on the types of services to be subcontracted. Prior achievement of small business subcontracting goals or other sources available to the Government may be considered to determine if proposed goals are realistic.

(ii) Small Business Utilization Plan. (Applies to Small Businesses Only). To be rated acceptable, the offeror’s proposed SB Utilization Plan:

(a) Describes the extent of participation of SB concerns under this contract and provides a detailed description of the services to be performed by each Small Business Concern subcategory proposed. The extent of participation and detailed description appears to be realistic based on the services to be performed under the contract and the offeror’s approach to subcontracting.

(b) Provides goals, expressed as dollars and percentages of total contract values and dollars and percentages of total domestic subcontracting values for each category of SB category concern included in Para ii (a) above. The goals appear to be realistic based on the services to be performed under the contract and the offeror’s approach to subcontracting.

(4) Price. Offeror’s proposed pricing will be evaluated to determine if the offeror’s proposed pricing is considered fair and reasonable. Price evaluation for all proposed rates will be performed in accordance with FAR 15.404-1, utilizing the rates the offeror has inserted into the CARE II. Reasonableness may be determined based on comparison to prices submitted by the competition, current market conditions, comparison to the Government estimate, or utilization of any other price analysis technique identified in FAR 15.404-1(b)(2). Offeror’s pricing will be evaluated on a by-lane basis (specific CLINs in the CARE II System under various routes – i.e., “US East Coast to Pakistan and W/C India”). Therefore an offeror’s pricing may be determined fair and reasonable on some lanes and not on others. Offerors will be eligible for an award if their pricing is determined fair and reasonable on at least one lane. Any unreasonably priced lanes are subject to removal from the competitive range on the basis that the offeror does not understand the requirement for the lane. The Government may accept some or all rates or services initially offered without conducting discussions. If discussions are conducted, they will be limited to those offers considered to be within the competitive range and may be limited to certain rates or services specifically identified in writing by the Contracting Officer to the offerors. Offerors remaining within the competitive range upon conclusion of discussions will be afforded an opportunity to submit a final proposal revision.

(i) Applicable to Ocean Rates – U.S. Flag service will not be considered at the time the rates are evaluated. Consideration of U.S. Flag Service and compliance with the Cargo Preference of 1904 (10 U.S.C. 2631, as amended) will be applied at the task order (booking) level. This will be done because offerors with accepted rates will have the ability to change the flag of service in their vessel schedules at any time during the life of the contract.

(ii) The Contracting Officer will not consider an offer to be fair and reasonable, if it contains rates higher than the highest commercial service contract rate; or that are clearly and substantially in excess of the rates stated in comparable commercial service contracts to which the offeror is party, for the same trades and similar services. Any rates which appear to be excessive will undergo further evaluation in accordance with the procedures outlined in DFARS 247.573.

(b) In accordance with DFARS 247.573(b)(2) the Government must provide an evaluation criterion for offeror participation in the Voluntary Intermodal Sealift Agreement (VISA) program. VISA Participation and evaluation will be applied at the task order (booking) level. This will be done because offerors with accepted rates will have the ability to change the flag of service in their vessel schedules at any time during the life of the contract.

(c) In accordance with DFARS 252.247-7026, the Government must provide an evaluation criterion that considers the extent to which the offeror has had overhaul, repair, and maintenance work for covered vessels performed in U.S. shipyards. U.S. Domestic Shipyard preferences and evaluation will be applied at the task order (booking) level.

The preference applied at the Task Order (booking) level will be applied as follows:

(1) Offerors will be evaluated as “1” (highest) or “2” (lowest) based on the formula below:

(Repair Money Spent in US/Total Repair Money Spent) + (Days of Repair in US/Total Days of Repair)/2 = Preference Category “1” or “2.”

(i) All calculations are based on total number of ships owned by the carrier – whether used on this contract or not.

(i) Calculation will NOT include any days or money falling under the exceptions listed at

PGI 247.573(b)(2)(iii)(C)(1) and (2) – this means excluding the amount from the “total” as well as from the “in US” numbers.

(i) The calculation will be rounded to the nearest tenth (i.e. – 38.7%)

(3) The following will be the criteria followed in determining carrier evaluation under the Jones Act:

(i) Base Year – 15% or more of vessels serviced within US Shipyards would receive a preference of “1” and 14.9% and below would receive a preference “2.”

(ii) 1st Option Year - 20% or more of vessels serviced within US Shipyards would receive a preference of “1” and 19.9% and below would receive a preference “2.”

(iii) 2nd Option Year - 25% or more of vessels serviced within US Shipyards would receive a preference of “1” and 24.9% and below would receive a preference “2.”

(d) Options. The Government will not evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The two one-year option periods will be unpriced at the time of award. The option year rates will be competed and evaluated prior to exercising each carrier’s option period. The Government will conduct a price analysis to determine whether the prices are fair and reasonable.

(e) Basis for Award. Awards will be made to offerors whose proposals are determined technically acceptable, have acceptable past performance, have proposed an acceptable Small Business proposal, and have proposed fair and reasonable pricing. In accordance with DFARS 247.573 and 252.247-7026, the Government will give a preference, at the task order level, to offerors who propose U.S. Flag vessels in accordance with the Cargo Preference Act of 1904, to offerors participating in the Voluntary Intermodal Sealift Agreement (VISA) program, and an U.S.

Domestic Shipyard preference (applies to Jones Act trade only).

(f) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(g) If the Government extends the contract pursuant to FAR 52.217-8, Option to Extend Services, such extension shall be at the rates in effect under the contract when the option is exercised.

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 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.6.3 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.6.4 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…