03_USC-9_Exigency_AnnexDRAFT.pdf
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- Universal Service Contract (USC)-9 Federal contract opportunity
- Solicitation number
- HTC71119RW001
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This document is a draft performance work statement for the Universal Service Contract 9 opportunity. It outlines requirements for transportation and logistics services supporting Department of Defense operations globally. Key details include providing linehaul, container operations, and security services for shipments entering various contingency areas. Carriers would be required to accept mandatory bookings on short notice and report daily in-transit visibility for cargo moving into exigency zones. Additional requirements address container storage, driver wait times, and armed security for vessels transiting high-risk waters. The document requests stakeholder feedback on the draft requirements by August 3rd to inform further contract development.
DRAFT USC-9 Exigency Annex. There is no solicitation at this time.
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Text version
DRAFT
Universal Service Contract - 9 Exhibit 3, Performance Work Statement, Exigency Annex
A. EXIGENCY ANNEX
A.1 Scope / Declaration of Exigency Area
A.1.1 This annex shall apply geographic areas designated by the Commanding General (CG) of SDDC as Exigency Areas. These provisions take precedence over terms outlined in Exhibit 3, PWS. All other terms and conditions of this contract not in conflict with this section shall still apply to Exigency Areas.
A.1.2 The SDDC CG may designate any geographic area as an Exigency Area. Areas designated as “Exigency” will remain so until such designation is rescinded by SDDC CG. The Contracting Officer shall notify the Contractor in writing of each Exigency Area determination or rescission. The notification shall include, at a minimum, the geographic area of the exigency and the effective date of exigency.
A.1.3 This annex shall apply to cargo booked under the contract to areas designated as Exigency Areas. The Exigency Areas designations shall apply to cargo with a vessel sail date on or after SDDC’s declaration of an Exigency Area. Task Orders/bookings with cargo in transit at time of declaration can be included at the discretion of the Contracting Officer.
A.1.4 If there is a conflict between the main part of the Exigency Annex and the COCOM-specific portion of the Annex, the COCOM-specific portion shall prevail.
B. APPLICABLE TO ALL EXIGENCY AREAS
B.1 Mandatory Acceptance of Bookings, Government-Furnished Containers
B.1.1 In the case of urgent and compelling circumstances or in the interest of National Defense or Security, bookings to Exigency Areas must be accepted, as indicated by the Contracting Officer or Ordering Officer. Such mandatory bookings do not necessarily apply to all bookings to exigency areas, but only to specific bookings, or groupings of bookings, when designated as “Mandatory Acceptance”.
B.1.2 The following rules apply to Mandatory Acceptance of cargo to Exigency Areas:
1. Does not apply to Hazardous cargo if Contractor policy otherwise prohibits such cargo.
2. No counteroffers, except to RDD, and only up to 14 days beyond the RDD in the offer.
3. Should the bookings consist of Government-Furnished containers (GFC), the contractor shall provide the same level of service at no additional cost to the carriage of cargo in GFC that is provided to the carriage of cargo in the Contractor’s container.
4. Pricing is the same as for non-Mandatory cargo.
5. Mandatory Acceptance is limited to up to 200 TCNs (i.e. either containers or pieces of Breakbulk, for example 130 containers and 70 breakbulk pieces) per vessel. Beyond 200 TCNs, booking offers are not mandatory.
6. Booking Offer must be made no later than one week prior to vessel sail date.
B.1.3 The Government may renegotiate rates in an Exigency area when that area is declared.
B.2 Container Detention
B.2.1 Free time for the purposes of calculating container detention shall be 40 days for Dry containers and 35 days for Reefer containers, commencing at 0001 on the first calendar day after the container is discharged from the vessel at the Port of Debarkation. This applies to containers destined for any Exigency Area except for containers entering Afghanistan from countries other than Pakistan, as detailed in the CENTCOM section of this Annex.
B.2.2 Free time/detention will run during any staging or authorized Government caused delay in accordance with Exhibit 3, PWS, Attachment 1.
Exhibit 3, Performance Work Statement, Exigency Annex
B.2.3 Detention accrued during staging / delay periods may not be invoiced until after cargo is delivered (EDI X1 event date) or other disposition of the cargo is made by the carrier at the Government's request after termination of the staging/delay period.
B.2.4 In those instances where free time is exhausted prior to delivery due to authorized delay/staging periods, detention is calculated as follows:
1. Calculate detention start date by applying free time to the date the container was discharged from the vessel at the Port of Debarkation (EDI UV event date), or Afghanistan border crossing from countries other than Pakistan (EDI X6 event date)
2. Next calculate total days of delay/staging as documented with HG/HR and A1/A2 EDI transactions sets that occur prior to the UV or X6 date (at Afghanistan border crossing).
3. Then subtract the number of days of delay/staging from the detention start date to determine the updated detention start date.
Example:
- Vessel Unload/UV: 15 May 18
- Free time: 40 days (16 May-24 June 18)
- Detention Start: 25 June 18
- Valid delay (A1/A2): 1-30 Apr 18 (Prior to UV)
- Apply delay period to calculate updated start date: 25 June 18 minus 29 days
- Updated Detention Start Date: 27 May (5 days in May + 24 days in June = 29 days delay)
- Contractor invoices 5 days in May (27 – 31 May)
- Contractor invoices 30 days in June or until detention stops per Exhibit 3 PWS paragraph 9.E.5.
B.2.5 Refer to PWS Paragraphs 9.E.4 through 9.E.7for further procedures.
B.3 Container Pick Up/Return
B.3.1 The Government and the Contractor agree that it is in their mutual best interests to facilitate the prompt return and pickup of empty containers at the original point of delivery. To achieve this goal, the Contractor will use commercially reasonable efforts to position trucks at Forward Operating Bases (FOBs) to evacuate empty containers within 7 calendar days after receiving notice from the Government that the container is available at the original point of delivery. In addition, the Government will use reasonable efforts to load empty containers onto trucks that the Contractor positions to evacuate empties, including trucks that have delivered loaded containers at the FOB as well as trucks dispatched to pick up empties.
B.3.2 To manage and monitor progress towards achieving prompt return and pickup of empty containers, the Government and the Contractor will exchange weekly reports in mutually agreed formats. Among other things, the reports may identify loaded containers delivered, loaded export containers picked up, empty containers notifications, empty containers picked up, and trucks leaving FOBs without loaded or empty containers.
B.3.3 At regular intervals as may be mutually agreed upon, the Government and the Contractor will meet to review and discuss empty return and pickup performance. Corrective action plans will be jointly developed to address any significant deficiencies in the Contractor’s performance in positioning trucks to pick up empty containers or the Government’s performance in loading empty containers on the Contractor’s trucks.
B.3.4 At locations where the Government has automated system capability to report that containers are empty and request their pickup, the dates documented by the system will be the official date/time of notification unless the Contractor has been provided earlier written notice from the Government. Contractor personnel will obtain passwords as needed to access these systems. In order to assist with container accountability, as requested by the Contractor, the Government will provide a regular, weekly report showing all loaded containers delivered and empty containers picked up from specific installations.
Exhibit 3, Performance Work Statement, Exigency Annex
B.3.5 The Contractor will report pickup of empty containers in accordance with Attachment 1 for EDI shipment status reporting. Additional written reports may be required upon Government request.
B.3.6 The Contractor will notify the U.S. Government of its pickup of empty reefer containers from the consignee’s location if such pickup occurs without the genset being attached to the reefer. Notification will be made to the cognizant SDDC Battalion and Contracting Officer Representative (COR) either within three calendar days from the time the reefer is picked up without its genset, unless a weekly report is mutually agreed upon.
B.4 Staging Release
Contractor will provide a dispatch plan to cognizant COR, OO and SDDC Battalion if unable to dispatch all called forward cargo within 5 calendar days of the staging release.
B.5 Staging
Billing will cease on the HR EDI event date auto-generated by D-RAP.
B.6 Carrier Holding Yards (Off Port Storage)
B.6.1 Contractors will provide detailed information of all carrier holding yard locations (including latitude/longitude) that will be used to store Government cargo to cognizant OO and SDDC Battalion.
B.6.2 Contractor will provide standard commercial security service at its holding yards.
B.6.3 Contractor will provide to cognizant SDDC Battalion as advised by cognizant OO a Daily Carrier Holding Yard Report on cargo that is stored in its holding yards until cargo is dispatched for onward movement.
B.6.4 Carrier Holding Yard Report format: The Contractor shall provide report in a separate Excel spreadsheet.
Columns will include: type/description of cargo, TCN, container number (if applicable), PCFN, booking number, origin/destination, POE/POD, shipper DoDAAC, receiver DoDAAC/MAPAC, vessel discharge date, date cargo moved from port to carrier holding yard location, date cargo arrived at carrier holding yard location, date cargo departed carrier holding yard location, and onward destination (another holding yard or final destination).
B.6.5 For invoicing purposes, carrier holding yard rates will only apply to import/export cargo when a Staging Request has been received from the cognizant OO or when the cargo is constructively staged in accordance with the Staging Section.
B.6.6 Contractor will not bill carrier holding yard fees concurrently with driver wait time fees.
B.6.7 Lift-Off fees shall apply when the cargo is lifted off a truck for storage into the carrier holding yard upon written staging request by the Ordering Officer.
B.6.8 Lift-On fees shall apply when cargo is lifted on to a truck to commence dispatch to final destination when on-carriage from carrier holding yard has been requested by Ordering Officer or cognizant SDDC Battalion.
B.7 Driver Wait Time
B.7.1 Free time shall start when the driver is in line outside the final destination waiting to deliver cargo and Contractor provides notice by submitting an "AV" EDI transaction that the cargo is locally available for immediate delivery but is delayed by the Government. The AV transaction may not be submitted by Contractor until the driver is physically in line outside the gate at final destination.
B.7.2 The receiver shall have free time for the day that driver arrived in line outside final destination. Starting at 0001 on the day following arrival in line, the Contractor shall be paid waiting time at $150 per day.
Exhibit 3, Performance Work Statement, Exigency Annex
B.7.2.1 Driver wait time shall end when:
1. The cargo is removed from the container or conveyance and the Contractor submits an X1 EDI transaction in accordance with Attachment 1; or
2. The cargo is removed from the container or conveyance and an HG EDI transaction for staging start has been auto-generated by the D-RAP in accordance with Exhibit 3, PWS, Attachment 1.
B.7.3 Driver wait time applies only to charges incurred when the driver is physically in line outside the final destination waiting to deliver cargo. For all other situations, the contractor may submit a request for an equitable adjustment.
B.7.4 Shipments delivered with evidence of tampering or loss shall be investigated by base security; drivers may be detained for questioning by base security. If investigation determines no tampering occurred, applicable wait time rates will be paid. If the investigation determines that tampering/pilferage has occurred, wait time will not be payable and the AV transaction shall be invalidated by the Contractor.
B.7.5 Invoices for driver wait time shall also be permitted on a case-by-case basis for stoppages in transit if a delay is approved in advance by the Ordering Officer (OO) through the D-RAP process.
B.8 Daily Intransit Visibility (ITV) Reports
B.8.1 Daily ITV Reports are required during the inland movement for cargo moving into or out of any exigency area. Daily ITV shall be included in the linehaul rate. Should these reports not be required for a particular Exigency, the contractor will be advised by the Contracting Officer.
B.8.1.1 The Contractor shall report each shipment daily by providing event reports or location information as set forth below.
B.8.2 Reporting method/format. The Contractor shall report via the Contractor ITV Entry Tool (CIET), for import and export routes available in CIET, or via separate Excel spreadsheets for new routes not yet available in
CIET.
B.8.2.1 Reportable events shall include the dates for the following events: vessel arrival, cargo discharge, cleared by customs, outgate from port of debarkation, arrival at consignee (import cargo), requested pickup (export cargo), origin departure, in-gate, vessel lift, vessel sail (export cargo) and transit of Contractor waypoints (import and export).
B.8.2.2 The following information must also be included: IBS TCN, container number with prefix (if applicable), PCFN, booking number, type/description of cargo, Enhanced ITV tag number (when ordered), origin and final destination, POE and POD, shipper Department Of Defense Activity Address Code (DODAAC), consignee DODAAC/MAPAC, current truck number and border crossing date, and each applicable event.
B.8.2.3 The Contractor shall provide exception information (location, remarks, and dates) providing shipment status for the previous 24 hours or shipment information that had not been included previously. Exception information is required only when there is no event report for the prior day. Remarks can be used to advise of cargo exception information but would not replace notifications otherwise required per the contract. When inputting exception information in CIET, the Contractor shall use the remarks block which can be updated as a single shipment record or as part of a grouping of shipment records. Completed shipments may be deleted 30 days after delivery when being reported using the excel spreadsheet reporting method.
B.8.3 If requested for routes not available in CIET, spreadsheet reports shall be provided by email attachments to a distribution list provided by the cognizant COR.
B.9 Standard Security
Exhibit 3, Performance Work Statement, Exigency Annex
Upon demonstrating a need to know to the Contractor, in accordance with 49 CFR 1520, ocean carriers transporting classified/sensitive and SRC I and II shipments, as defined in the Defense Transportation Regulation through high risk waters will provide a copy of the ship's vessel security plan (VSP) with Piracy Annex to SDDC-G2. Plans will be provided by email attachments to distribution as provided by SDDC-G2. VSPs will be copied to SDDC-G2 after the plan is approved by the USCG Marine Safety Center.
B.10 Inland Transit Security
B.10.1 The Contractor shall be responsible for the safe delivery of all cargo booked under this contract and shall employ security methods that can normally be expected to greatly minimize or altogether eliminate pilferage and banditry. The Contractor shall be responsible for all damage to and loss of cargo while in the physical custody of the Contractor, its agents or assigns, including but not limited to losses caused by pilferage, or theft.
B.10.2 The Contractor shall report to the cognizant Brigade and SDDC HQ any loss of cargo, breach of sealed containers, or hijacking of cargo within 48 hours of Contractor becoming aware of the event.
B.10.3 The initial incident report shall, at a minimum, include: Contractor’s name, contract number, date of incident, nature of incident, container number, TCN, PCFN. As information becomes available, follow on reports shall include: location of incident, reporting party name and contact details, truck number, summary of events, cause of incident, photo of damaged cargo, parties involved and action taken by security forces (if applicable).
B.10.4 The Contractor shall include the cost of Standard Inland Transit Security in its basic linehaul rates.
B.11 High Risk Waters Armed Security
B.11.1 The purpose of this service is to provide an elevated level of vessel security. This security is above and beyond both normal vessel security and security required per MARSEC Directive 104-6 (Rev.6). This elevated level of armed vessel security is only applicable to vessels with freeboards of less than 15 meters and speeds less than 20 knots (“low & slow” vessels). The Contractor shall implement armed vessel security protocols when the US Coast Guard (USCG) approved, ship-specific piracy threat assessment demonstrates the need for armed security while transiting high risk waters. If a Contractor’s vessel does not require armed security in accordance with USCG guidance, high risk waters armed security will not be paid to the Contractor unless ordered by the Contracting Officer or the Ordering Officer. The Contractor shall submit a firm fixed price amount per voyage in the CARE II SM for vessels carrying DTS cargo (price to be provided in the CARE II SM.) A voyage is defined as one-way vessel transit between designated POE(s) and POD(s). A voyage shall commence upon lift of DTS cargo at the first POE and cease upon discharge of DTS cargo at the final POD. The rate for this service shall be based on a one-way requirement unless the same vessel is loading additional DTS cargo at new POE (s) (e.g., redeployment/retrograde cargo) for transit through a high-risk zone prior to disembarking the armed security team(s). In such cases the rate for this service shall be based on a roundtrip requirement and the round-trip rates in the CARE II SM shall be applied. In order to receive payment for Armed Security costs for vessels carrying military cargo through high risk waters other than the Gulf of Aden, the Contractor shall request approval from the Contracting Officer prior to service being performed. This elevated level of armed vessel security may apply to all vessel types (e.g. container, ROROs, car carriers, traditional freighters) carrying cargo under this contract.
B.11.2 All contracted security personnel must meet the standards set forth in USCG Port Security Advisory (PSA) 5-09 series.
B.11.3 Armed security personnel may only employ deadly force in self-defense, or in the defense of others, in accordance with guidance contained in US Coast Guard Port Security Advisory 3-09 “Guidance for Self-Defense and Defense of Others.” Intentional misconduct or negligence could subject employees to criminal or civil liability in accordance with the laws of the jurisdiction where such conduct occurs. The Government will not be liable for any actions resulting from the Contractor’s use of armed force or other implementation of Exhibit 3, PWS, Exigency Annex, B.11. The Contractor agrees to defend, indemnify and hold harmless the Government and its employees for any third-party claims, which may arise from the Contractor’s use of armed force or other implementation of Exhibit 3, PWS, Exigency Annex, B.11.
Exhibit 3, Performance Work Statement, Exigency Annex
B.11.4 The Government reserves the right to cancel this requirement with a 30-day written notice.
B.11.5 Government Surveillance - USTRANSCOM reserves the right to inspect and conduct on-site surveillance of Armed Security team performance. USTRANSCOM J3 personnel acting in a Contracting Officer representative role shall board and accompany the vessel to complete security team observation onboard vessels transiting through the Pirate Danger (High Risk Waters) areas and/or the Suez Canal. The contractor shall supply meals and accommodations for the USTRANSCOM J3 inspection team members IAW the Supercargo rates set forth in this contract.
B.11.6 Upon request, provide USTRANSCOM J3 current points of contact to include phone numbers and e-mail addresses for Company Security Officer (CSO), Facility Security Officer (FSO) and Vessel Security Officer (VSO).
Points of contact changes shall be provided to USTRANSCOM J3 within three business days after the contractor has made the change.
C. APPLICABLE TO EXIGENCY AREAS WITHIN CENTCOM
C.1 Free Time
For cargo containers consigned to Afghanistan via any border crossing except Pakistan, free time of 35 days for dry containers and 30 days for reefer containers shall commence at 0001 the first calendar day after outgate/departure from Afghanistan border crossing.
C.2 Outer Routing Accessorials
When ordered by the Ordering Officer, the Contractor shall deliver cargo to the final destination via the routing named in the Accessorial. Outer Routing Accessorial is ordered in addition to the linehaul and covers all additional costs for the alternate routing (e.g., additional fuel, linehaul, security, ITV, travel time etc.). Outer Routing Accessorial is defined as a Government-directed linehaul routing above and beyond the normal linehaul rate.
C.2.1 Chaman – shall be ordered when cargo destined for/from provinces in Afghanistan with a normal routing thru Torkham is being re-routed via Chaman. (Example: Torkham normal routing for cargo destined to Faryab, Jawzjan, Balkh, Sari Pul, Samangan, Bayman, Parwan, Kapisa, Panjshir, Nuristan, Konar, Nangarhar, Paktya, Ghazni, Paktika, Kundz, Baghlan, Wardak, Kabul, Logar, Khowst, Takhar, Badgkhshan, Laghman).
C.2.2 Torkham – shall be ordered when cargo destined for/from provinces in Afghanistan with a normal routing thru Chaman is being re-routed via Torkham. (Example: Chaman normal routing for cargo destined to Badghis, Herat, Ghor, Farah, Nimroz, Helmand, Kandahar, Oruzgan, Day Kundi, Zabul).
C.2.3 KKT – shall be ordered when cargo destined for Afghanistan or originating in Afghanistan via the NDN transits thru Kazakhstan, Kyrgyzstan, Tajikistan to/from Afghanistan.
C.2.4 KUT – shall be ordered when cargo destined for Afghanistan via the NDN transits thru Kazakhstan, Uzbekistan, and Tajikistan to/from Afghanistan.
C.3 Enhanced In-Transit Visibility (ITV) and Cargo Security
C.3.1 Enhanced Security Services
Enhanced Security Services include measures above and beyond the Standard Security measures required by Exhibit 3, PWS, Exigency Annex paragraph B.9. These services include two separately priced accessorials: Enhanced ITV Services and Enhanced Physical Security. These added security services are intended to eliminate pilferage and prevent banditry; to provide the time and location where losses occur, to assist law enforcement in the prosecution of offenders and recovery of goods and to guide future route selection decisions. These accessorial services shall be limited to Pakistan Ground Lines of Communication overland linehaul services to and from Afghanistan via sea ports in Pakistan.
Exhibit 3, Performance Work Statement, Exigency Annex
C.3.2 When ordered by the Contracting Officer or the Ordering Officer, the Contractor shall provide Enhanced ITV Services as detailed below:
1. Automated Location Reporting, to include:
a. Position (latitude/longitude) report of cargo identified by booked Transportation Control Number (TCN) every 30 minutes with data queued for later transmission;
b. Communication from cargo via satellite shall include devices capable of transmitting position reports every 30 minutes with no interruption in service for the entire PAKGLOC transit
c. Reporting Frequencies shall include multiple options ranging from 30 minutes to six hours. Transmission must include all queued position reports.
d. Communication to the Government must be automated via interface with IRRIS, PAT, and iSDDC.
e. Transponders: Attached to Cargo (vice conveyance)
2. Intrusion Detection (Containers Only), to include:
a. Electronic or Automated Detection of intrusion or tampering;
b. Communication from device to transponder;
c. Automated communication to the Government via approved interface immediately upon detection of intrusion;
d. Archived record of events to include time and location; and
e. Installation and arming of devices
3. Position/Status Data Reporting, to include:
a. Position/Status reports that shall feed into IRRIS, PAT, and iSDDC using secure FTP XML, web service, or other format acceptable to IRRIS, PAT, and iSDDC. Data transmitted to IRRIS, PAT, and iSDDC must include:
i. Device identifier,
ii. Shipment identifier (Booked TCN and container number, if appropriate)
iii. Date/time in ZULU format,
iv. Location information in decimal latitude/longitude format
v. Status/event codes to report when intrusion is detected and (optional) any other shipment events or status.
b. Status code definitions and test data provided to the IRRIS PMO upon contract award and two weeks prior to any scheduled movement for subsequent code changes.
c. Points of Contact for the ISDDC and PAT Program Management Office can be reached at 618-220-5632 for review of alternate feed formats, coordination of system interfaces and testing.
C.3.3 If the Contractor averages 48 pings per day or more, they will be paid the full accessorial rate for Enhanced ITV. If the Contractor averages fewer than 48 pings per day, the Contractor shall submit a REA to be paid a percentage of the Enhanced ITV accessorial.
C.4 Disinfestation, Disinsection and Disinfection (3D) Inspection of Containers
Procedures can be applied to all containers/flatracks departing Afghanistan via Uzbekistan. This service will only be ordered for cargo exiting Afghanistan via Uzbekistan.
C.4.1 Inspection and preparation of containers/flatracks – Inspection of containers/flatracks and territory around them is done to analyze the contamination by rodents and insects. Containers/flatracks are cleared from trash and rubbish.
C.4.2 Disinfestation – this procedure is carried out by setting bait traps (stations) in the bottom of each container/flatrack (minimum1 unit per container/flatrack). Bait station is filled by poisoned grains which are made of low-toxic, anticoagulant for human drug and non-dry glue for catching rodents. This work is to be carried out immediately after the inspection.
C.4.3 Disinsection – Disinsection will be conducted preferably one day after the disinfestation. This is done by using atomizing and aerosol spraying insecticide for all available surfaces of the container, including the gaps
Exhibit 3, Performance Work Statement, Exigency Annex between the goods on the shelves. Spraying is conducted from the bottom – to clean the bottom, side walls, and spaces to the upper side, cleaning the space available at the top. The disinsection process must last for a minimum of 2 hours.
C.4.4 Disinfection – Disinfection will be conducted after the disinsection process. The purpose of disinfection is to destruct potential pathogenic microorganisms in the container/flatrack as well as to destruct microorganisms that develop after the possible death of rodents and insects (as a result of disinfestation and disinsection). The disinfection technique is the same as disinsection with the only difference that when spraying the insecticide, the outside of the container/flatrack is sprayed.
C.4.5 After the above procedures are complete, bait stations are inspected and removed from the containers/flatracks (as an option, unused/empty traps can be left to protect cargo in the future from rodents).
C.5 Origin Special Services – Afghanistan
Carrier packs cargo, either by banding or triwalling/crating, or otherwise as appropriate for safe/secure transport, including (if necessary) transload of the cargo from USG-owned containers into carrier-provided containers. Carrier stuffs containers. Carrier prepares documentation in accordance with customs and other requirements of origin country (Afghanistan), destination country, and all transit countries. Carrier distributes and provides copies of required documentation to all stakeholders. Carrier lifts containers to/from conveyances. Cargo will move on one of the reverse NDN routes, IAW booking.
C.6 Security Convoy (Iraq)
The contractor shall ensure that all convoys moving within Iraq have security support when ordered by the Ordering Officer (OO) in the booking.
C.6.1 The contractor shall ensure the integrity and safety of the materials and equipment being transported, and is responsible for providing armed security escorts for all missions when the Security Convoy Accessorial is ordered in the booking. Arming must be in compliance with DFARS Clause 252.225-7995 and 48 CFR 52.225-19 where applicable.
C.6.2 When a contractor utilizes a Private Security Company (PSC), the contractor shall ensure the PSC complies with all applicable Iraqi laws, codes and regulations while performing contract services. All PSC services must utilize a Government of Iraq licensed firm. Vetting and sourcing of the security personnel is the responsibility of the contractor alone. PSCs will not be allowed on base and must link up with convoys outside the gates.
C.6.3 The contractor shall provide a convoy team leader for each convoy movement to ensure the logistical convoys are coordinated with the security convoys prior to and during convoy movements.
C.6.4 The contractor shall ensure continuous monitoring of each convoy movement and maintain immediate coordination and communication capabilities in cases of emergency, truck/equipment breakdowns, etc.
C.6.5 Incident reports must be submitted within 24 hours any time a contractor asset is involved in any serious incident to include, but not limited to, accidents, injuries, and damage / loss / theft / destruction of cargo. Incident reports shall include (at a minimum):
• Contractor’s name;
• Contract number;
• Reporting party name and contact information;
• Time, date and location of incident;
• Details of the incident;
• Container numbers, PCFNs, and/or TCNs involved;
• Proposed corrective action(s);
• Impact to delivery schedule (if any);
Exhibit 3, Performance Work Statement, Exigency Annex
• Photo of damaged cargo,
• Parties involved;
• Action taken by security forces if applicable; and
• Follow-on reports at least every 24 hours (or as events change) until the cargo is recovered.
C.6.6 Contractor shall provide convoy movement planning and execution that includes:
- Secure checkpoints to include cargo inspection and daily reporting of checkpoint activity;
- Back-up truck and driver capability to recover from truck or driver disability;
- Truck operations that incorporate:
- Route planning to avoid reported threats;
- Waypoint ETAs and status checks for overdue trucks;
- Continuous contact with drivers and security vehicles;
- Secure facilities for overnight stops;
- Immediate response to driver disability, equipment damage or breakdown.
C.7 Tarping Requirements – Pakistan/Afghanistan
C.7.1 The contractor shall tarp import cargo before departing the POD and export cargo at origin before leaving the FOB.
C.7.2 Non-containerized cargo/rolling stock/military vehicles in a military paint scheme or vehicles with government or military markings must be covered with tarps during transport.
C.7.3 All breakbulk cargo (to include TRICONs, QUADCONs, ISU-90s, etc.), 20’/40’ shipper-owned containers with military markings/flags/paint schemes, trailers, cargo loaded on flat-racks, and other loose cargo must be tarped. Contractor must conceal government or military markings on containerized cargo during transport. Container numbers that start with the letters USG or USA are not considered government or military markings. Examples of government or military markings include "US Army", flags, unit identification and military insignia.
C.7.4 Due to local government requirements, tarps may be temporarily removed or partially lifted at the request of local authorities to facilitate inspection at specific transit points, borders and check posts while en-route.
Contractor must ensure that the cargo is immediately re-tarped upon completion of the required inspection. Cargo must be completely covered and concealed from view while being transported. Concealment materials shall be weather resistant, non-transparent and shall remain secured and in place during the inland movement of cargo. In addition, concealment material shall remain on the cargo until final destination unless otherwise directed by the Government.
D. APPLICABLE TO EXIGENCY AREAS WITHIN AFRICOM
E. APPLICABLE TO EXIGENCY AREAS WITHIN EUCOM
F. APPLICABLE TO EXIGENCY AREAS WITHIN PACOM
G. APPLICABLE TO EXIGENCY AREAS WITHIN NORTHCOM
H. APPLICABLE TO EXIGENCY AREAS WITHIN SOUTHCOM
END OF EXIGENCY ANNEX
| A. EXIGENCY ANNEX |
| A.1 Scope / Declaration of Exigency Area |
| A.1.1 This annex shall apply geographic areas designated by the Commanding General (CG) of SDDC as Exigency Areas. These provisions take precedence over terms outlined in Exhibit 3, PWS. All other terms and conditions of this contract not in conflic... |
| A.1.2 The SDDC CG may designate any geographic area as an Exigency Area. Areas designated as “Exigency” will remain so until such designation is rescinded by SDDC CG. The Contracting Officer shall notify the Contractor in writing of each Exigency Are... |
| A.1.3 This annex shall apply to cargo booked under the contract to areas designated as Exigency Areas. The Exigency Areas designations shall apply to cargo with a vessel sail date on or after SDDC’s declaration of an Exigency Area. Task Orders/bookin... |
| A.1.4 If there is a conflict between the main part of the Exigency Annex and the COCOM-specific portion of the Annex, the COCOM-specific portion shall prevail. |
| B. APPLICABLE TO ALL EXIGENCY AREAS |
| B.1 Mandatory Acceptance of Bookings, Government-Furnished Containers |
| B.1.1 In the case of urgent and compelling circumstances or in the interest of National Defense or Security, bookings to Exigency Areas must be accepted, as indicated by the Contracting Officer or Ordering Officer. Such mandatory bookings do not nece... |
| B.1.2 The following rules apply to Mandatory Acceptance of cargo to Exigency Areas: |
| B.1.3 The Government may renegotiate rates in an Exigency area when that area is declared. |
| B.2 Container Detention |
| B.2.1 Free time for the purposes of calculating container detention shall be 40 days for Dry containers and 35 days for Reefer containers, commencing at 0001 on the first calendar day after the container is discharged from the vessel at the Port of De... |
| B.2.2 Free time/detention will run during any staging or authorized Government caused delay in accordance with Exhibit 3, PWS, Attachment 1. |
| B.2.3 Detention accrued during staging / delay periods may not be invoiced until after cargo is delivered (EDI X1 event date) or other disposition of the cargo is made by the carrier at the Government's request after termination of the staging/delay p... |
| B.2.4 In those instances where free time is exhausted prior to delivery due to authorized delay/staging periods, detention is calculated as follows: |
| B.2.5 Refer to PWS Paragraphs 9.E.4 through 9.E.7for further procedures. |
| B.3 Container Pick Up/Return |
| B.3.1 The Government and the Contractor agree that it is in their mutual best interests to facilitate the prompt return and pickup of empty containers at the original point of delivery. To achieve this goal, the Contractor will use commercially reason... |
| B.3.2 To manage and monitor progress towards achieving prompt return and pickup of empty containers, the Government and the Contractor will exchange weekly reports in mutually agreed formats. Among other things, the reports may identify loaded contain... |
| B.3.3 At regular intervals as may be mutually agreed upon, the Government and the Contractor will meet to review and discuss empty return and pickup performance. Corrective action plans will be jointly developed to address any significant deficiencies... |
| B.3.4 At locations where the Government has automated system capability to report that containers are empty and request their pickup, the dates documented by the system will be the official date/time of notification unless the Contractor has been prov... |
| B.3.5 The Contractor will report pickup of empty containers in accordance with Attachment 1 for EDI shipment status reporting. Additional written reports may be required upon Government request. |
| B.3.6 The Contractor will notify the U.S. Government of its pickup of empty reefer containers from the consignee’s location if such pickup occurs without the genset being attached to the reefer. Notification will be made to the cognizant SDDC Battalio... |
| B.4 Staging Release |
| B.5 Staging |
| B.6 Carrier Holding Yards (Off Port Storage) |
| B.6.1 Contractors will provide detailed information of all carrier holding yard locations (including latitude/longitude) that will be used to store Government cargo to cognizant OO and SDDC Battalion. |
| B.6.2 Contractor will provide standard commercial security service at its holding yards. |
| B.6.3 Contractor will provide to cognizant SDDC Battalion as advised by cognizant OO a Daily Carrier Holding Yard Report on cargo that is stored in its holding yards until cargo is dispatched for onward movement. |
| B.6.4 Carrier Holding Yard Report format: The Contractor shall provide report in a separate Excel spreadsheet. Columns will include: type/description of cargo, TCN, container number (if applicable), PCFN, booking number, origin/destination, POE/POD,... |
| B.6.5 For invoicing purposes, carrier holding yard rates will only apply to import/export cargo when a Staging Request has been received from the cognizant OO or when the cargo is constructively staged in accordance with the Staging Section. |
| B.6.6 Contractor will not bill carrier holding yard fees concurrently with driver wait time fees. |
| B.6.7 Lift-Off fees shall apply when the cargo is lifted off a truck for storage into the carrier holding yard upon written staging request by the Ordering Officer. |
| B.6.8 Lift-On fees shall apply when cargo is lifted on to a truck to commence dispatch to final destination when on-carriage from carrier holding yard has been requested by Ordering Officer or cognizant SDDC Battalion. |
| B.7 Driver Wait Time |
| B.7.1 Free time shall start when the driver is in line outside the final destination waiting to deliver cargo and Contractor provides notice by submitting an "AV" EDI transaction that the cargo is locally available for immediate delivery but is delaye... |
| B.7.2 The receiver shall have free time for the day that driver arrived in line outside final destination. Starting at 0001 on the day following arrival in line, the Contractor shall be paid waiting time at $150 per day. |
| B.7.2.1 Driver wait time shall end when: |
| B.7.3 Driver wait time applies only to charges incurred when the driver is physically in line outside the final destination waiting to deliver cargo. For all other situations, the contractor may submit a request for an equitable adjustment. |
| B.7.4 Shipments delivered with evidence of tampering or loss shall be investigated by base security; drivers may be detained for questioning by base security. If investigation determines no tampering occurred, applicable wait time rates will be paid. ... |
| B.7.5 Invoices for driver wait time shall also be permitted on a case-by-case basis for stoppages in transit if a delay is approved in advance by the Ordering Officer (OO) through the D-RAP process. |
| B.8 Daily Intransit Visibility (ITV) Reports |
| B.8.1 Daily ITV Reports are required during the inland movement for cargo moving into or out of any exigency area. Daily ITV shall be included in the linehaul rate. Should these reports not be required for a particular Exigency, the contractor will be... |
| B.8.1.1 The Contractor shall report each shipment daily by providing event reports or location information as set forth below. |
| B.8.2 Reporting method/format. The Contractor shall report via the Contractor ITV Entry Tool (CIET), for import and export routes available in CIET, or via separate Excel spreadsheets for new routes not yet available in CIET. |
| B.8.2.1 Reportable events shall include the dates for the following events: vessel arrival, cargo discharge, cleared by customs, outgate from port of debarkation, arrival at consignee (import cargo), requested pickup (export cargo), origin departure, ... |
| B.8.2.2 The following information must also be included: IBS TCN, container number with prefix (if applicable), PCFN, booking number, type/description of cargo, Enhanced ITV tag number (when ordered), origin and final destination, POE and POD, shipper... |
| B.8.2.3 The Contractor shall provide exception information (location, remarks, and dates) providing shipment status for the previous 24 hours or shipment information that had not been included previously. Exception information is required only when th... |
B.8.3 If requested for routes not available in CIET, spreadsheet reports shall be provided by email attachments to a distribution list provided by the cognizant COR.
| B.9 Standard Security |
| B.10 Inland Transit Security |
| B.10.1 The Contractor shall be responsible for the safe delivery of all cargo booked under this contract and shall employ security methods that can normally be expected to greatly minimize or altogether eliminate pilferage and banditry. The Contractor... |
| B.10.2 The Contractor shall report to the cognizant Brigade and SDDC HQ any loss of cargo, breach of sealed containers, or hijacking of cargo within 48 hours of Contractor becoming aware of the event. |
| B.10.3 The initial incident report shall, at a minimum, include: Contractor’s name, contract number, date of incident, nature of incident, container number, TCN, PCFN. As information becomes available, follow on reports shall include: location of inci... |
| B.10.4 The Contractor shall include the cost of Standard Inland Transit Security in its basic linehaul rates. |
| B.11 High Risk Waters Armed Security |
| B.11.1 The purpose of this service is to provide an elevated level of vessel security. This security is above and beyond both normal vessel security and security required per MARSEC Directive 104-6 (Rev.6). This elevated level of armed vessel securit... |
| B.11.2 All contracted security personnel must meet the standards set forth in USCG Port Security Advisory (PSA) 5-09 series. |
| B.11.3 Armed security personnel may only employ deadly force in self-defense, or in the defense of others, in accordance with guidance contained in US Coast Guard Port Security Advisory 3-09 “Guidance for Self-Defense and Defense of Others.” Intention... |
| B.11.4 The Government reserves the right to cancel this requirement with a 30-day written notice. |
| B.11.5 Government Surveillance - USTRANSCOM reserves the right to inspect and conduct on-site surveillance of Armed Security team performance. USTRANSCOM J3 personnel acting in a Contracting Officer representative role shall board and accompany the ve... |
| B.11.6 Upon request, provide USTRANSCOM J3 current points of contact to include phone numbers and e-mail addresses for Company Security Officer (CSO), Facility Security Officer (FSO) and Vessel Security Officer (VSO). Points of contact changes shall b... |
| C. APPLICABLE TO EXIGENCY AREAS WITHIN CENTCOM |
| C.1 Free Time |
| C.2 Outer Routing Accessorials |
| C.2.1 Chaman – shall be ordered when cargo destined for/from provinces in Afghanistan with a normal routing thru Torkham is being re-routed via Chaman. (Example: Torkham normal routing for cargo destined to Faryab, Jawzjan, Balkh, Sari Pul, Samangan... |
| C.2.2 Torkham – shall be ordered when cargo destined for/from provinces in Afghanistan with a normal routing thru Chaman is being re-routed via Torkham. (Example: Chaman normal routing for cargo destined to Badghis, Herat, Ghor, Farah, Nimroz, Helma... |
| C.2.3 KKT – shall be ordered when cargo destined for Afghanistan or originating in Afghanistan via the NDN transits thru Kazakhstan, Kyrgyzstan, Tajikistan to/from Afghanistan. |
| C.2.4 KUT – shall be ordered when cargo destined for Afghanistan via the NDN transits thru Kazakhstan, Uzbekistan, and Tajikistan to/from Afghanistan. |
| C.3 Enhanced In-Transit Visibility (ITV) and Cargo Security |
| C.3.1 Enhanced Security Services |
| C.3.2 When ordered by the Contracting Officer or the Ordering Officer, the Contractor shall provide Enhanced ITV Services as detailed below: |
| C.3.3 If the Contractor averages 48 pings per day or more, they will be paid the full accessorial rate for Enhanced ITV. If the Contractor averages fewer than 48 pings per day, the Contractor shall submit a REA to be paid a percentage of the Enhanced ... |
| C.4 Disinfestation, Disinsection and Disinfection (3D) Inspection of Containers |
| C.4.1 Inspection and preparation of containers/flatracks – Inspection of containers/flatracks and territory around them is done to analyze the contamination by rodents and insects. Containers/flatracks are cleared from trash and rubbish. |
| C.4.2 Disinfestation – this procedure is carried out by setting bait traps (stations) in the bottom of each container/flatrack (minimum1 unit per container/flatrack). Bait station is filled by poisoned grains which are made of low-toxic, anticoagulan... |
| C.4.3 Disinsection – Disinsection will be conducted preferably one day after the disinfestation. This is done by using atomizing and aerosol spraying insecticide for all available surfaces of the container, including the gaps between the goods on the... |
| C.4.4 Disinfection – Disinfection will be conducted after the disinsection process. The purpose of disinfection is to destruct potential pathogenic microorganisms in the container/flatrack as well as to destruct microorganisms that develop after the ... |
| C.4.5 After the above procedures are complete, bait stations are inspected and removed from the containers/flatracks (as an option, unused/empty traps can be left to protect cargo in the future from rodents). |
| C.5 Origin Special Services – Afghanistan |
| C.6 Security Convoy (Iraq) |
| C.6.1 The contractor shall ensure the integrity and safety of the materials and equipment being transported, and is responsible for providing armed security escorts for all missions when the Security Convoy Accessorial is ordered in the booking. Armi... |
| C.6.2 When a contractor utilizes a Private Security Company (PSC), the contractor shall ensure the PSC complies with all applicable Iraqi laws, codes and regulations while performing contract services. All PSC services must utilize a Government of Ir... |
| C.6.3 The contractor shall provide a convoy team leader for each convoy movement to ensure the logistical convoys are coordinated with the security convoys prior to and during convoy movements. |
| C.6.4 The contractor shall ensure continuous monitoring of each convoy movement and maintain immediate coordination and communication capabilities in cases of emergency, truck/equipment breakdowns, etc. |
| C.6.5 Incident reports must be submitted within 24 hours any time a contractor asset is involved in any serious incident to include, but not limited to, accidents, injuries, and damage / loss / theft / destruction of cargo. Incident reports shall inc... |
| C.6.6 Contractor shall provide convoy movement planning and execution that includes: |
| - Immediate response to driver disability, equipment damage or breakdown. |
| C.7 Tarping Requirements – Pakistan/Afghanistan |
| C.7.1 The contractor shall tarp import cargo before departing the POD and export cargo at origin before leaving the FOB. |
| C.7.2 Non-containerized cargo/rolling stock/military vehicles in a military paint scheme or vehicles with government or military markings must be covered with tarps during transport. |
| C.7.3 All breakbulk cargo (to include TRICONs, QUADCONs, ISU-90s, etc.), 20’/40’ shipper-owned containers with military markings/flags/paint schemes, trailers, cargo loaded on flat-racks, and other loose cargo must be tarped. Contractor must conceal g... |
| C.7.4 Due to local government requirements, tarps may be temporarily removed or partially lifted at the request of local authorities to facilitate inspection at specific transit points, borders and check posts while en-route. Contractor must ensure th... |
| D. APPLICABLE TO EXIGENCY AREAS WITHIN AFRICOM |
| E. APPLICABLE TO EXIGENCY AREAS WITHIN EUCOM |
| F. APPLICABLE TO EXIGENCY AREAS WITHIN PACOM |
| G. APPLICABLE TO EXIGENCY AREAS WITHIN NORTHCOM |
| H. APPLICABLE TO EXIGENCY AREAS WITHIN SOUTHCOM |
File details come from the government source that posted it. Updated .