Attachment_1_-_NSGB_PWS.pdf

HTC711-18-R-W002

Attachment 1

PERFORMANCE WORK STATEMENT (PWS)

Sealift Transportation Services – Naval Station Guantanamo Bay, Cuba (NSGB)

1 February 2018

SECTION 1 BACKGROUND

SECTION 2 SCOPE

2.A. Scope 2.A.1. Overview

2.A.2. Cargo Types

2.A.3. Cyber Security

SECTION 3 GENERAL REQUIREMENTS

3.A. Space Commitment 3.B. Shipment Booking 3.B.1. The Contractor shall provide the services as identified in the booking

3.B.2. Booking Acceptance

3.B.3. Response to Booking Requests

3.B.4. Automated Booking

3.B.5. Schedule Maintenance

3.C. Origin Services 3.C.1. Equipment Pools (container only)

3.C.2. Spot Date 3.D. Port Operations 3.E. Ocean Transportation 3.E.1. Cargo Lift, Advancement and Rolls

3.E.2. Improper Documentation 3.F. Destination Services 3.F.1. Delivery to Destination

3.F.2. Early Deliveries

3.F.3. Cargo Receipt

3.G. POV Requirements 3.G.1. POV Processing

3.G.2. POV Shipping (Government Sponsored PCS Moves Only)

3.G.3. POV Security 3.H. General/Administrative 3.H.1. Regulatory Compliance

3.H.2. On-Site Office Space

3.H.3. Hazardous Cargo

3.H.4. Equipment

3.H.5. Quality Control, Reporting, and Records

3.H.6. Electronic Commerce / Electronic Data Interchange (EDI)

3.H.7. Additional Guidance on Specific Transactions 3.I. Exceptions to Normal Service 3.I.1. Futile Trip

3.I.2. Government Failure to Timely Release Containers

3.I.3. Notification of Receipt of Damaged Cargo

3.I.4. Delay of Scheduled Sailings

3.I.5. Contractor Failure to Load Containers

3.I.6. No Fault Failure to Meet Sailing

3.I.7. Diversion for the Convenience of the Government

3.I.8. Transfer of Containerized Cargo

3.I.9. Container Identification

3.I.10. Security

3.I.11. Damage to Contractor Equipment

3.I.12. Overweight Containers

3.I.13. Changes to Service 3.J. Cyber Security 3.J.1. General Cyber Security Requirements

3.J.2. Cyber Security Assessments and Mitigation Plans

3.J.3. Cyber Incident Reporting

3.J.4. Modified NIST SP 800-171 Requirements

SECTION 4 MEASURING PERFORMANCE

4.A. Performance Requirements 4.A.1. Performance Measures and Performance Standards

4.A.2. Performance Objectives

4.A.3. Performance Objective Assessment

4.A.4. Performance Rating 4.B. Compliance with Contract Terms and Conditions (CCTC)

SECTION 5 RATE RULES

5.A. Application of Rates 5.A.1. Expression of Rates

5.A.2. Acceptance of Booking

5.A.3. Containerized Cargo

5.A.4. Breakbulk

5.A.5. Flatbed and Double Drop Service

5.A.6. Mileage Rates

5.A.7. Refrigerated Cargo Linehaul Rates

5.A.8. Accessorial Services 5.B. Exceptions to General Application of Rates 5.B.1. Movement of Empty US Government-Owned or Leased Containers

5.B.2. Over Dimensional Cargo

LIST OF APPENDIXES:

I – NAVAL STATION GUANTANAMO BAY (NSGB) TRANSPORTATION REQUIREMENT

II - CITY GROUPS

III - ABBREVIATIONS/ACRONYMS AND DEFINITIONS

IV- REPORTS AND FORMATS

V - HAZARDOUS CARGO LIST

VI - NAVSTA GUANTANAMO BAY CUBA DIAGRAMS

VII – INVOICING AND PAYMENTS

VIII – CYBER SECURITY SELF-ASSESSMENT TEMPLATE

IX - BUNKER ADJUSTMENT FACTOR (BAF)

SECTION 1 BACKGROUND

1.A.1. As a component of the United States Transportation Command (USTRANSCOM) the Military Surface Deployment and Distribution Command (SDDC) provides for liner service of containerized and breakbulk cargo between Jacksonville/Blount Island, Florida (1R3) and U.S. Naval Station Guantanamo Bay, Cuba (CE1).

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 material to and from ports of departure and arrival.

SECTION 2 SCOPE

2.A. Scope

2.A.1. Overview

This contract provides international cargo transportation and distribution services by an ocean common or contract carrier providing regularly scheduled commercial liner service. The contractor shall provide ocean, intermodal and related transportation services as required herein. The contractor must maintain status as a VISA (Voluntary Intermodal Sealift Agreement) vessel owning and/or operating ocean common or contract carrier (as defined in the Shipping Act of 1984 (46 USC app. 1701(6), as amended), or a vessel operating contract carrier as determined under Federal Maritime Law. The contract is not subject to terms or conditions of Contractors' tariffs. The booking, in conjunction with the terms contained in the contract, constitutes the contract of carriage.

2.A.2. Cargo Types

Types of cargo to be carried are military cargo, Privately Owned Vehicle’s (POV), household goods, subsistence, accepted hazardous materials as stated in Appendix V, and any other cargo shipped by the Department of Defense (DOD) in the Defense Transportation System (DTS).

2.A.3. Cyber Security

The services provided within the scope of this contract are considered "operationally critical support" as defined in DFARS 252.204-7012, "Safeguarding Covered Defense Information and Cyber Incident Reporting."

SECTION 3 GENERAL REQUIREMENTS

3.A. Space Commitment

The minimum space available to the Government for each southbound sailing shall be seventy (70) FEUs, including twenty (20) refrigerated containers, and 2000 square feet of breakbulk cargo. The minimum space available to the Government for each northbound sailing shall be thirty (30) FEUs, including two (2) refrigerated containers, and 1000 square feet of breakbulk cargo. Each of the 40-foot spaces offered must be able to accommodate two 20-foot containers, or the vessel must have additional space to accommodate the 20’ container shortfall.

3.B. Shipment Booking

3.B.1. The Contractor shall provide the services as identified in the booking.

3.B.2. Booking Acceptance

3.B.2.1. Issuance of a booking number by the Contractor through Electronic Data Interchange (EDI), Integrated Booking System (IBS), Ocean Carrier Interface (OCI), Direct Booking, email, or facsimile to the US Government constitutes acceptance of booking. The parties may subsequently agree to amendments/changes up to 24 hours prior to local cutoff. Any requests to change bookings less than 24 hours prior to cutoff are at the discretion of the carrier.

3.B.2.2. The Contractor shall accept bookings, up to a vessel’s space commitment, if the booking is received no less than 5 business days prior to a local cutoff. Empty US Government-owned or empty 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

The Contractor shall accept, reject or counter a booking within 24 hours of receiving the offer from the U.S.

Government. 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.4. Automated Booking

3.B.4.1. The Contractor may implement an automated booking capability via EDI with IBS or use the IBS module OCI. EDI transaction sets shall comply with standards identified in this contract. The 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.

3.B.4.2. If the Contractor has the ability to automatically process bookings, the Contractor shall have one business day to counteroffer any booking processed automatically. For hazardous cargo, the Contractor shall accept cargo offerings within 48 hours after shipper has provided relevant hazardous information.

3.B.5. Schedule Maintenance

3.B.5.1. Southbound

3.B.5.1.1. The contractor shall maintain a scheduled service southbound, Jacksonville/Blount Island to Naval Station Guantanamo Bay, Cuba (NSGB). Frequency of such service must be, at a minimum, every 14 calendar days.

Sailings shall be on a fixed-day-of-the-week basis, on a fixed day selected by the Contractor. Transit time from Jacksonville/Blount Island to NSGB is a maximum of 7 calendar days.

3.B.5.1.2. Cargo Receipt Time:

3.B.5.1.2.1. The Contractor must receive non-perishable cargo until 1200 at the Jacksonville/Blount Island facility two business days prior to vessel sailing. The Contractor must receive perishable cargo until 1200 one business day prior to vessel sailing. Any material received after this period will be rolled to the next available vessel sailing.

3.B.5.1.2.2. The Contractor will not receive refrigerated cargo more than 7 calendar days in advance of vessel sail date.

3.B.5.1.3. Arrivals and departures at NSGB may not be on weekends, holidays or outside normal business hours. Business hours are contained in Appendix I.

3.B.5.2. Northbound

3.B.5.2.1. The Contractor shall maintain a scheduled service northbound NSGB to Jacksonville/Blount Island. Frequency of such service must be, at a minimum, every 14 calendar days. Sailings shall be on a fixed-day-of-the-week basis, on a fixed day selected by Contractor. Transit time from NSGB to Jacksonville/Blount Island is a maximum of 18 calendar days.

3.B.5.2.2. The Contractor shall provide and continually maintain vessel schedules in the Integrated Booking System (IBS) at least 45 calendar days in advance of the vessel sail date. Any change to the vessel schedule must be updated in IBS and reported to the Ordering Officer (OO) no less than 7 calendar days prior to the next scheduled port call. Any slippage in scheduled sailing date/arrival date by more than 1 calendar day shall be reported in writing to the OO and Contracting Officer Representaive (COR) and updated by the contractor in IBS.

3.B.5.3. The Contractor may provide vessel schedules to additional ports in CONUS and call on additional ports OCONUS; however, Jacksonville/Blount Island must be a port-of-call on all sailings, both southbound and northbound.

3.C. Origin Services

3.C.1. Equipment Pools (container only)

The Contractor must establish and maintain equipment pools at CONUS inland locations, including but not limited to NEX Suffolk, VA to ensure timely availability for loading operations. The expense for operating equipment pools must be borne solely by the Contractor to include establishing, managing and disestablishing pools. The Contracting Officer may add equipment pools at his/her discretion.

3.C.2. Spot Date

3.C.2.1. At least 1 business 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.

3.C.2.2. Delay in Spotting: When the Contractor fails to spot an empty container by the designated date and time, and as a result the Government must incur overtime expenses to enable stuffing and release of the container by the Government prior to the scheduled sailing date of the vessel, the Contractor shall be liable for payment equal to the total overtime expense incurred by the Government. Neither a penalty nor charges for Government expenses will be assessed if the Contractor can establish: 1) that the inability to spot the container as agreed is the result of the Government's failure to unstuff and release an empty container to the Contractor within a reasonable time to meet the required spotting date and 2) that it advised the OO of such inability at least seven calendar days prior to the required spotting date.

3.D. Port Operations

3.D.1.1. The contractor is responsible for port operations, to include terminal operations and stevedoring.

3.D.1.2. The Contractor shall provide warehousing in Jacksonville/Blount Island and pre-position all necessary equipment for warehousing and stuffing in Jacksonville/Blount Island, FL. All cargo shall be stowed in accordance with commercial shipping practices to prevent loss or damage.

3.D.1.3. The Government does not maintain stevedoring or terminal operations contracts on Naval Station Guantanamo Bay (NSGB) therefore the Contractor is responsible for all coordination of these services to include life support and logistics for their personnel. The COR will facilitate sponsorship for contractor personnel located at

NSGB.

3.D.1.4. Government-furnished office space is available for use by the contractor at NSGB. The contractor must request use of office space via the COR or Contracting Officer and may be required to enter into a lease with the installation. The approval, denial or revocation of base access shall have no impact on contractor performance or the contractor's ability to meet all of their obligations.

3.D.1.5. At NSGB, the Contractor shall store cargo in accordance with the guidance in Appendix VI.

3.D.1.5.1. In the event of inclement weather or other emergency, the Contractor shall have a plan for evacuating all containers from Wharf Bravo Pier when instructed by the Contracting Officer or COR.

3.D.1.5.2. The US Government may submit documentation to the Contractor for payment of additional costs when the Contractor does not stage cargo in accordance with Appendix VI.

3.E. Ocean Transportation

3.E.1. Cargo Lift, Advancement and Rolls

3.E.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. The Contractor shall coordinate pick up dates/times directly with shipper.

3.E.1.2. The Contractor shall lift cargo onto the vessel identified in the booking or advance cargo 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. The Contractor will notify the shipper, COR and OO when cargo is advanced.

3.E.1.3. 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.2. Improper Documentation

If the Government does not provide the Contractor with the correct container documentation at the time and location of Contractor acceptance, the Contractor may refuse to accept the container. If the Contractor chooses to pick-up or accept the container, the Contractor shall provide the cognizant SDDC manifesting activity with all the missing receipt or lift data in order that the container can be completely identified for onward movement. This information must be provided within one business day of receipt or lift or earlier if necessary to meet the scheduled vessel sailing. The Government shall reimburse the Contractor the direct cost of any fines or charges incurred as a result of irregularity in the papers supplied by the Government in accordance with contract invoicing instructions.

3.F. Destination Services

3.F.1. Delivery to Destination

The contractor shall deliver cargo on or before the RDD established in the booking.

3.F.2. Early Deliveries

The Contractor shall not deliver early to consignees unless approved by the US Government. The Contractor shall schedule all deliveries with the consignee or consignee's agent at least 2 business days prior to any actual delivery of containers or pieces.

3.F.3. Cargo Receipt

Any receipt signed by or on behalf of the Master shall be without prejudice to the terms, conditions, and exceptions of this Contract, and subject to all of them. The Government fully warrants the accuracy and completeness of all papers and documents relevant to the shipment of all cargo tendered under this contract.

3.F.4. If the shipper fails to return containers in a timely manner, the Contractor may request reimbursement from the Contracting Officer. Requests will be addressed on a case by case basis.

3.G. Privately Owned Vehicles (POV) Requirements

3.G.1. POV Processing

The Contractor shall document the receipt of POVs from owner or owner’s agent, process vehicles for ocean transit, and process POVs for delivery to the owner when ordered by the OO. The Contractor shall receive/issue POVs from/to service members or the Government agent at the NSGB terminal, and from/to service members at the Contractor's Jacksonville/Blount Island, FL terminal.

3.G.1.1. Jacksonville/Blount Island, FL POV Processing

3.G.1.1.1. The Contractor shall document the receipt of Privately Owned Vehicles (POVs) from owner or owner's agent, process vehicles for ocean transit, and process POVs for delivery to the owner when ordered by the OO. The contractor shall receive/issue POVs from/to service members at the contractor's Jacksonville/Blount Island terminal. The Jacksonville/Blount Island terminal shall process POVs, to include customs clearance (NO MORE THAN 3 VEHICLES PER CUSTOMS DECLARATION), during the period Monday through Friday from 0800 until 1700. An inspection of the POV, similar to that which is customarily provided by a common carrier in commercial service, including usual documentation, will be accomplished with the service member or his/her representative upon receipt and issue. At the time of pickup, the POV shall be returned in the same condition of cleanliness as received and noted on the receive/discharge inspection report, to include washing as required. In Jacksonville/Blount Island, the Contractor shall provide storage of POVs in a secure (closed to the public), lighted, fenced, and paved area pending pick-up by the owner/owner's agent for up to 30 business days. Storage charges will be paid in accordance with contract invoicing instructions if storage is required, beyond thirty (30) business days in the Contractor's Jacksonville/Blount Island facility.

3.G.1.2. Guantanamo Bay, POV Processing

3.G.1.2.1. The Contractor shall receive/issue POVs from/to service members or the Government agent at the NSGB terminal between the hours of 0730 – 1130 & 1300-1600; Monday thru Friday. Contractor shall conduct an inspection of the POV and perform services as described in Defense Transportation Regulation, Part IV, Attachment K3, Shipping Your POV. http://www.transcom.mil/dtr/part-iv/dtr_part_iv_app_k_3.pdf

3.G.1.2.2. The Government will provide POV storage facilities at NSGB for use by the Contractor.

3.G.1.2.3. The Contractor is responsible for HAZMAT certification and documentation for POV shipments originating at NSGB as required by applicable laws and regulations.

3.G.1.3. POV Processing charges shall be paid on a per container basis in accordance with the rates set forth in the Table of Accessorial Rates in CARE SA. This rate will be applicable to all POVs delivered to the Contractor for transport to and from NSGB. The rate covers both receiving and issuing the vehicle. Any POV processing charges in association with the shipment of a second vehicle or marine conveyance shall be billed to the owner of the second

POV.

3.G.2. POV Shipping (Government Sponsored PCS Moves Only)

3.G.2.1. The booking of POVs with the Contractor is premised on the ability of the Contractor to achieve the RDD associated with each individual POV. The ability of the Guantanamo Bay Sealift Contractor to achieve the POV RDD is determined by reference to the Assured Ocean Transit, Inland Deliver and other time period provided herein concerning the overall movement of cargo from the time it is tendered to the Contractor by the Government at origin until it is delivered at the designated destination in the booking. In accepting a POV booking, the Contractor warrants that it can achieve delivery of the POV by the designated RDD under the terms and conditions of this contract. If the Contractor fails to deliver a POV by the designated RDD, the member is entitled to file an Inconvenience Claim against the Contractor. The Contractor may be exonerated from this liability only under circumstances constituting Force Majeure or Excusable Delay in accordance with FAR 52.212-4(f). The Contractor is at all times required to deliver the POV as soon as possible following the conclusion of any Force Majeure or Excusable Delay circumstance.

3.G.2.2. Inconvenience Claim. An inconvenience claim is a claim for compensation paid directly to the member for Contractor’s failure to meet the RDD. Contractor reimbursement for members and their dependents for rental car expenses when a POV is delivered after the required delivery date are entitled and shall be paid directly to the member. This entitlement applies to military and DOD civilian employees traveling on official government travel orders. This entitlement does not apply to Contractors. Government reimbursement to members under this entitlement will not exceed seven days at $30 per day (maximum entitlement $210) and will expire on the date the vehicle becomes available for pick up at destination. Examples of inconvenience claims are as follows, but are not limited to: requests for reimbursement of rental car expenses; requests for reimbursement of temporary lodging expenses. In the event of an inconvenience caused through the fault or negligence of the contractor (e.g., POV does not arrive as scheduled) the contractor will review and consider each claim on a case-by-case basis and, based on the circumstances, pay, decline, or make a firm settlement offer in writing to the claimant within 45 calendar days.

3.G.2.3. An inconvenience claim may NOT be filed against the Contractor when the Contractor fails to meet the RDD due to US Customs processing. RDD will be considered met when vessel arrives at designated port.

3.G.3. POV Security

The contractor shall be fully liable for all loss, damage, destruction, and pilferage/theft of a POV’s exterior, interior and all properties contained therein as inventoried while they are in the care and custody of the Contractor. The contractor shall, within twenty-four (24) hours of notice of occurrence, provide a report of theft, pilferage, or breach of security to the COR. This report shall contain a description of the occurrences and the resulting actions. The Contractor shall maintain accountability, control and custody of areas containing POVs

3.H. General/Administrative

3.H.1. Regulatory Compliance

The Contractor shall comply with regulations of Federal Maritime Commission (FMC), U.S. Coast Guard (USCG) and the Surface Transportation Board (STB), Department of Transportation and/or other US Governmental agencies, including local regulations at origin, destination and in-transit as may be applicable for service to the US Government in carriage of military cargo as set forth in this contract.

3.H.2. On-Site Office Space

The Contractor shall provide private, on-site furnished office space for the Government’s representative at the Contractor’s terminal in Jacksonville/Blount Island, FL. This office space will include utilities and telephone.

3.H.3. Hazardous Cargo

3.H.3.1. Limitations of Contractor’s Obligation

3.H.3.1.1. The US Government shall provide accurate and timely hazardous cargo documentation in accordance with applicable laws and regulations.

3.H.3.1.2. 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.

3.H.3.1.3. The Contractor must accept all hazardous cargo that conforms in all respects to applicable laws and regulations.

3.H.3.2. Hazardous Cargo known as Dangerous Goods in Limited Quantities. Merchandise classified as Dangerous Goods in Limited Quantities, as defined in Volume I, The International Maritime Dangerous Goods Code (IMDGC) with amendments 25-89, as specified in par. 18.6-18.9, p. 135 and containerized for shipment under this contract will not require additional special labeling, documentation or other restrictions unless specified in future amendments to the IMDGC. Cargo moving under this commodity category shall not be entitled to a hazardous cargo surcharge. This cargo may include, but is not limited to the following items: ORM-D cargo (70DZ9), charcoal, cigarette lighters, cleaning compounds, cosmetics, disinfectants, hypochlorite solution (bleach), insecticides, and polishing compounds.

3.H.3.3. Hazardous Waste Material. When transporting hazardous waste material, the Contractor must obtain an Environmental Protection Agency Identification Number (40 C.F.R.263.11) when required. Contractor should accept only those hazardous wastes that have been manifested in accordance with 40 C.F.R. 262.20 and 262.20(b).

The manifest shall stay with the shipment to its destination. 40 C.F.R 263.20 (c). The Contractor must deliver the waste to the designated Treatment Storage and Disposal facility on the manifest or to its designated alternate facility in case of an emergency. 40 C.F.R. 263.21(a) and (b).

3.H.3.4. Tank Container Service. HAZMAT will be containerized in Government Bulk Fuel Tank Containers. The Contractor must comply with all applicable U.S. and foreign laws and/or regulations established for transportation of such cargo including but not limited to Title 49 of the Code of Federal Regulations, Part 171 et seq. (CFR et seq.)

and the International Maritime Organization (IMO) regulations. If the Contractor fails to meet any obligations imposed by these regulations, then any liability resulting from the Contractor’s non-compliance with these regulations will be solely the Contractor’s responsibility.

3.H.3.5. Spill Reporting – In the event of an accidental discharge of the hazardous material during transporting the Contractor is required to take immediate action to protect human health and the environment as defined in 49 C.F.R.

171.15 and must be reported verbally and in writing to the National Response Center, Office of Hazardous Material Regulations Department of Transportation, Washington, DC 20590. See 33 CFR 153.203, 40 C.F.R. 263.31, State and local laws may require additional notifications. The Contractor is liable for spills and discharges of cargo while being transported and is responsible for the cleanup. 40 C.F.R. 263.30 and 31.

3.H.3.6. Storage – The Contractor may store material en route up to 10 calendar days at each transfer facility as defined by 40 C.F.R. 260.10, 263.12 and 268.50 (a) (3) without becoming a treatment, storage, and disposal (TSD) facility. If storage exceeds the 10 calendar days at any transfer facility, then the Contractor must issue a new manifest and sign and return to the initial shipper its original manifest. Contractors transporting hazardous waste material into the United States from abroad or who mix hazardous wastes of different Department of Transportation (DOT) shipping descriptions into the same container must also meet the standards applicable to hazardous wastes shippers.

3.H.3.7. HAZMAT under this contract, may include, but is not limited to, the following items listed: batteries (wet filled with acid), engine starting fluid, flammable liquid (toxic, n.o.s.), gases (liquefied), hypochlorite solution (bleach), lighters, oxygen (compressed), petroleum distillates n.o.s., petroleum, and windshield washer solvent.

3.H.3.8. Provide Hazardous Waste Containers. The Contractor shall provide empty containers with applicable placards at NSGB for hazardous waste material required to be shipped to CONUS. The Contractor shall be responsible for placing the appropriate placards on these containers. Hazardous material may consist of, but is not limited to, antifreeze, contaminated soil, asbestos, corrosive liquid and solids, poly-chlorinated biphenyl (PCB)’s, regulated and non-regulated flammables, and oils and lubricants.

3.H.3.9. The Contractor shall accept for ocean carriage all commodities listed in Appendix V when the commodity is packaged, labeled, and documented in compliance with applicable laws and regulations.

3.H.3.10. When cargo handling is ordered by the OO for a shipment with hazardous material, the Contractor is responsible for all HAZMAT certification and documentation in accordance with applicable laws and regulations for the shipment.

3.H.4. Equipment

3.H.4.1. 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 that comply with International Standards Organization (ISO), International Maritime Organization (IMO), and Convention of Safe Containers (CSC) standards.

3.H.4.2. Refrigerated (REEFER) Equipment

3.H.4.2.1. The Contractor shall provide refrigerated containers to the consignor in accordance with the booking to include pre-cooling when requested by the OO.

3.H.4.2.2. 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.H.4.2.3. The Contractor shall provide refrigerated containers that are capable of operating at 277/480 electrical volts with separate wires and plugs for reefers.

3.H.4.2.4. The Contractor is solely responsible for maintenance and fuel of refrigerated containers.

3.H.4.2.5. The Contractor is responsible for primary and alternate power sources needed to maintain reefer temperatures while cargo is in the contractor’s possession.

3.H.4.2.6. When delivering to a location without reefer plugins, gensets must be maintained by the Contractor while in the possession of the consignee. Fuel shall be provided at no expense to US Government.

3.H.4.2.7. 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 calendar days to provide consistent reporting and equipment supply. Contractor shall provide measurement data upon request from the US Government.

3.H.4.2.8. The Contractor will be liable for total amount of cargo loss, spoilage, and transportation should cargo spoil due to refrigerated container breakdown while in Contractor’s possession. For cargo deemed urgent by US Government requiring immediate replacement, Contractor is liable for air shipment of replacement cargo to consignee.

3.H.4.3. Chassis Requirements:

Containers delivered to the US Government or spotted by the Contractor must be on a Contractor-provided chassis that supports stuffing/unstuffing operations by the US Government. The chassis must remain with the container while in the custody of the US Government; unless this requirement is waived by OO.

3.H.4.4. US Government Furnished Containers (GFC):

The US Government may book cargo for carriage in Government-owned or leased containers or may book carriage of empty Government owned or leased containers. Such containers will typically be 20 and or 40 foot closed top, dry ISO cargo containers, although, other types and sizes of containers may be used. The Contractor will furnish any additional equipment, including chassis, necessary for the carriage of cargo in GFCs in accordance with the provisions of this contract and the requirements of particular Shipping/Delivery Orders. All provisions of this contract shall apply to the carriage of cargo in GFCs in the same manner that they apply to the carriage of cargo in the Contractor’s container. The Contractor shall not be entitled to container 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.H.4.5. Leasing of Contractor Equipment

When agreed upon by the CO and the Contractor, the Contractor shall furnish containers, flatracks, chassis, or generator sets, for lease in connection with land and ocean transportation of Government cargo arranged under this contract or in support of sustainment operations. Equipment so leased may be transported aboard any vessel designated by the government and may be transported inland by any means available to the Government. Unless otherwise agreed, the Government shall return Contractor equipment leased by the Government to the place where such equipment was originally received from the Contractor. A booking shall be issued to reflect each lease of equipment. The booking shall set forth the number, size, and appropriate identification information of such Contractor equipment, the estimated duration of lease, and place of return. The Contractor shall be paid for each twenty-four hour period or part thereof, Saturdays, Sundays, and holidays included, for the period between the time the equipment is received or ordered from the Contractor, whichever is later, until the time the equipment is returned to the Contractor. The Contractor will be paid the rates as indicated in the CARE SA.

3.H.5. Quality Control, Reporting, and Records

3.H.5.1. Quality Control

3.H.5.1.1. The Contractor shall utilize its commercial quality control processes/plan (QCP) to ensure quality service is provided throughout the term of the contract. The Contractor shall provide its QCP to the Contracting Officer and Contracting Officer’s Representative upon request.

3.H.5.1.2. 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.H.5.1.3. 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.

3.H.5.2. Quality Council Meetings

The Contractor shall participate in Quality Council Meetings as requested by the Contracting Officer to review performance and discuss operational issues. Meetings shall be held as directed by the Contracting Officer, but will not exceed two per year.

3.H.5.3. Performance Reporting

In accordance with FAR 52.212-4(c), the contract may be modified to provide additional reports that satisfactorily quantify Contractor performance under Performance Objectives. The Contracting Officer will establish the format and frequency of such reports.

3.H.5.4. 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.H.6. Electronic Commerce / Electronic Data Interchange (EDI)

3.H.6.1. 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.H.6.2. The Contractor shall use the Defense Transportation Electronic Data Interchange (DTEDI) approved Implementation Convention 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 Implementation Conventions 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.H.6.3. The Contractor shall receive or transmit, as appropriate, the following transactions sets:

3.H.6.3.1. Contractor receiving order data, 300 (Delivery order, the booking, including increases and decreases or any modification to the original booking)

3.H.6.3.2. Contractor ordering confirmation data, 301 (Confirmation of order, Contractor to OO)

3.H.6.3.3. Cancellation data from OO, 303 (OO Cancellation)

3.H.6.3.4. Shipping Instructions, 304

3.H.6.3.5. Contractor shipment status reporting data, 315

3.H.6.4. For EDI 315 transactions, Contractors' can access the PAT EDI Generator application to identify and submit EDI 315 transactions (W, I, AE, VD, VA, UV, OA, X1, EC and RD). This capability replaces the IBS OCI Module previously used for this purpose and is not limited to the Contractors using the OCI module for cargo bookings. In addition, the EDI Generator will provide the Contractor the ability to invalidate erroneously submitted EDI transactions.

3.H.6.5. 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. Table 3.H.6.5 identifies specific events that require reporting. The Contractor shall submit all reports within 24 hours of accomplishment.

Table 3.H.6.5 Reportable Shipment Status Events

CODE

DEFINITION

NOTES

EE

Empty spotted

Container pick up in lieu of actual spot is acceptable for shippers having container pools. Required for other than pool locations

(NOT REQUIRED FOR BREAKBULK)

W

Pickup of Loaded Container/Breakbulk

This transaction is required at the time customer turns over possession to Contractor This transaction is only applicable upon Contractor pick-

up. There shall be exactly one W transaction per shipment. If erroneous W transactions are submitted, contractor shall invalidate them via the Pipeline Asset Tool (PAT) EDI invalidator tool to ensure only one valid transaction is reflected per shipment.

I

In-gate at Port of

Embarkation (POE)

This transaction is required at the POE. This transaction is only applicable at the POE. There shall be exactly one (1) transaction per shipment. If erroneous I transactions are submitted, contractor shall invalidate them via the Pipeline Asset Tool (PAT) EDI invalidator tool to ensure only one valid transaction is reflected per shipment.

AE

Loaded on Vessel

This transaction is required at the POE and required at all transshipment ports.

VD

Vessel departure

This transaction is required at POE and required at all

VA

Vessel arrival

This transaction is required at the Port of Debarkation (POD) and required at all transshipment ports.

UV

Vessel discharge

This transaction is required at the POD and required at all

OA

Out-gate from POD

This transaction is required at the final POD for all cargo, regardless of whether booked to port or to door. This transaction is only applicable at the POD. Only one OA transaction is permitted per shipment. If erroneous OA transactions are submitted, contractor shall invalidate them via the Pipeline Asset Tool (PAT) EDI invalidator tool to ensure only one valid transaction is reflected per shipment.

RA

Carrier Notified Empty Container Available for Pick- up

This transaction will be auto-generated via PAT to document U.S.

Government notification to the Contractor that an empty container is available for pick-up. This transaction will be auto-generated based on the date of notification, if the Contractor does not dispute availability within seven (7) days of notification.

X1

Delivery to consignee

This transaction is required when shipment is delivered to customer, or possession is turned over to the U.S. Government. This transaction is only applicable upon actual physical delivery. There shall be exactly one X1 transaction per shipment. If erroneous X1 transactions are submitted, contractor shall invalidate them via the Pipeline Asset Tool (PAT) EDI invalidator tool to ensure only one valid transaction is reflected per shipment.

EC

Return of Empty Container to Contractor Prior to Delivery (X1)

This transaction is required for container shipments when the Contractor has regained possession of its asset prior to delivery (X1). An example of the proper use of an EC Code would be when cargo is deconsolidated at a transship point, the container is returned to the Contractor prior to X1, and the cargo is moved as pallet loads to the final consignee.

Each container shipment container return event shall be documented with either an RD or an EC but never both.

RD

Return of Empty Container to Contractor After Delivery (X1)

This transaction is required for every container shipment when the Contractor regains possession of its asset after delivery (X1). Each container shipment container return event should be documented with either an RD or EC but never both.

SD

Authorized Shipment Delay (Not Government-caused)

This transaction will be auto-generated upon US Government approval of a Contractor requested delay submitted via D-RAP. This transaction will be triggered for delays which are not caused by either the U.S.

Government or Host Government.

BD

End of Authorized Shipment Delay (Not Government-caused)

This transaction will be auto-generated upon US Government approval of a Contractor request to end a shipment delay submitted via the D- RAP.

This transaction will be triggered for delays which are not caused by the U.S. Government or Host Government.

HG

Entry in U.S.

Government-directed Staging

This transaction will be auto-generated based on the date input to the PAT Delay Request and Authorization Portal (D-RAP) after receiving and executing U.S. Government direction to stage a shipment, to include staging at ports or holding yards. The transaction will be auto-generated based on the date the shipment entered into staging for Holding Yard staging, or date approved by OO for Port Staging.

HR

Release from U.S.

Government-directed Staging

This transaction will be auto-generated based on Contractor date input to the D-RAP after receiving U.S. Government direction to end staging of a shipment, to include staging at ports or holding yards. The transaction will be auto-generated based on the date the shipment exited staging.

Staging ends on the date indicated in the End Staging order (or as approved by OO for port staging), or when cargo physically departs the Staging location, whichever is earlier.

A1 Authorized Shipment Delay (Government

–Caused)

This transaction will be auto-generated upon U.S. Government approval of a Contractor requested delay submitted via the D-RAP. This transaction will be triggered for delays which are caused by either the U.S. Government or Host Government.

A2 End of Authorized Shipment Delay (Government- caused)

This transaction will be auto-generated upon U.S. Government approval of a Contractor request to end a shipment delay submitted via the D- RAP.

This transaction will be triggered for delays which are caused by the either the U.S. Government or Host Government.

3.H.7. Additional Guidance on Specific Transactions

3.H.7.1. Additional Rules for HG/HR Transactions

3.H.7.1.1. HG and HR transactions: The HG and HR transactions will be auto-generated by the D-RAP to indicate entry into and release from U.S. Government-directed staging. Authority for staging is the cognizant SDDC

OO.

3.H.7.1.2. HG: Following receipt of a written U.S. Government staging request to move cargo to a non-port staging location via the D-RAP, the Contractor will execute movement of the shipment to the staging location.

Within 24 hours of entry into the staging location, the Contractor will input the date of entry to the staging location into the D-RAP. As a result of the date input into the D-RAP, the HG transaction will be auto-generated and distributed. The HG event date for non-port staging entry will be the date inputted by the Contractor into D-RAP.

For port staging, the Contractor will request port staging entry via the D-RAP including a requested start date. The Ordering Officer (OO) will review the request and either approve, approve with a modified date or reject it. If approved, the date approved will be the event date of the HG transaction.

3.H.7.1.3. HR: Following receipt of a written U.S. Government staging release order via the D-RAP to move cargo from a non-port staging location, the Contractor will execute movement of the shipment from the staging location. Within 24 hours of departure from the non-port staging location, the Contractor will input the date of departure from the staging location into the D-RAP. The HR event date, auto generated by the D-RAP, will be the earlier of the cognizant SDDC OO’s staging release date identified in the staging release order and the date of departure inputted into the D-RAP indicating actual departure from the staging location. Cargo must commence dispatch from staging within required timelines outlined in Section 3 of the Performance Work Statement upon receipt of written U.S. Government request. For large volumes of cargo, contractor will be responsible for managing dispatch in the most expeditious manner. Contractor will provide dispatch timelines to cognizant Battalions and COR until cargo has dispatched from staging area. For port staging, the Contractor will, based on input from the U.S. Government (typically OO or consignee) originate the port staging end request via the D-RAP including a requested end date. The cognizant SDDC OO will review the request and either approve, approve with a modified date or reject it. If approved, the date approved will be the event date of the HR transaction.

3.H.7.1.4. The HG/HR transaction pair, generated via the D-RAP, will recommit the Contractor to a new delivery date defined as: RDD + (# days elapsed between HG and HR). For a shipment RDD to be extended, both an HG and HR transaction must be generated.

3.H.7.1.5. For non-port staging (e.g. holding yards), if an onward movement EDI is submitted by the Contractor for staged shipments prior to the cognizant SDDC OO directing staging release in the D-RAP, the shipments will queue for auto-closing in the D-RAP. If staging release is not directed by the cognizant SDDC COR within 96 hours of the queuing of the shipment record for auto-closing, an HR transaction ending the non-port staging will be auto triggered by the D-RAP. The HR event date will equal the event date of the onward movement EDI and the RDD will be extended accordingly.

3.H.7.1.6. For port staging, if an onward movement EDI is submitted by the Contractor for staged shipments prior to requesting staging release in the D-RAP, the shipments will queue for auto-closing in the D-RAP. If a staging release request is not submitted by the Contractor within 96 hours of the queuing of the shipment record for auto closing, a HR transaction ending the port staging will be auto-triggered by the D-RAP. The HR event date will equal the event date of the HG transaction and the RDD will not be extended.

3.H.7.2. Additional Rules for SD/BD/A1/A2 Transactions

3.H.7.2.1. SD, BD, A1 and A2 transactions: The SD, BD, A1 and A2 transactions will be auto-generated by the D-RAP based on U.S. Government approval to indicate start or end of an authorized delay. These transactions will be auto generated only upon authorization from the cognizant SDDC OO.

3.H.7.2.2. SD and A1: The Contractor shall submit a request for an authorized delay to the cognizant SDDC OO via the DRAP within 2 business days of the event causing the delay. The SDDC OO has 2 business days to respond to the request from the Contractor via the D-RAP.

3.H.7.2.3. Following U.S. Government authorization of a Contractor’s request for delay via the D-RAP, the SD or A1 transaction will be auto-generated and distributed. If an authorization is not processed by the cognizant SDDC OO in the D-RAP within 2 business days, the SD or A1 transaction will be auto-generated and distributed.

The Contractor must submit supporting documentation with the delay request submitted via the D-RAP. The OO may deny the delay authorization if supporting documentation with adequate justification is not provided.

3.H.7.2.4. BD and A2: The Contractor shall submit a request to end the authorized delay via the D-RAP with supporting documentation. Following U.S. Government authorization of a Contractor’s delay end via the D-RAP, the BD or A2 transaction, as applicable, will be auto-generated and distributed. If the SDDC OO determines that the Contractor’s reporting of the delay duration is inflated, the delay authorization may be voided.

3.H.7.2.5. The SD/BD and A1/A2 transaction pairs generated via the D-RAP will recommit the Contractor to a new delivery date defined as: RDD + (# days elapsed from SD/A1 to BD/A2). For a shipment RDD to be extended, both an SD and BD or A1 and A2 transactions must be authorized and generated via the D-RAP.

3.H.7.2.6. For all delays, if an onward movement EDI is submitted by the Contractor, prior to the Contractor requesting an end to the delay in D-RAP, the delayed shipments will queue for auto-closing. If an end delay request is not received via D-RAP by the cognizant SDDC OO within 96 hours of the queuing of the shipment record for auto-closing, a BD/A2 transaction ending the delay will be auto-triggered by the D-RAP. The BD/A2 event date will equal the event date of the SD/A1 transaction and the RDD will not be extended.

3.H.7.2.7. Government and non-Government delays will be approved, approved with date modification, or denied by the U.S. government COR based on their review of the D-RAP request. The U.S. Government OO will not approve a request for a Government caused delay request as a non-Government caused delay. If the Contractor decides to submit a previously denied Government caused delay request as a non-Government caused delay, a new request must be submitted.

3.H.7.3. Manual Operational Reports

The Contractor shall submit the below reports in connection with cargo in their possession. Report format, distribution, submission schedule and medium are described at Appendix IV.

1. Cargo Lift Information (Containers and Breakbulk)

2. Contractor Containerization

3. Pre-Arrival Notice

4.…