11__USC-9_PWS_Att_11_Definitions_DRAFT.pdf

DRAFT

Universal Service Contract - 9 Exhibit 3, Performance Work Statement, Attachment 11

ATTACHMENT 11 – DEFINITIONS

The following terms have the meaning as set forth below:

Acceptable Space: Space with normal access thereto as would normally be used in liner service for the particular type of cargo declared at the time of booking, and shall be properly prepared, cleaned and ready to receive the cargo.

Alternate Service Arrangements: Service subcontracted to another provider that is different than the services described in the Contractors accepted proposal.

Ammunition Linehaul: Linehaul for ammunition requires use of a Contractor approved by DoD for the transport of this commodity and includes, satellite tracking as part of the basic service.

Authorized Agent of the United States Government: An entity authorized to book shipments under this contract on behalf of the Government in accordance with terms and conditions listed in Exhibit 4.

Available Date: The date on which cargo will be released to the carrier. For from door bookings, this is the date on which cargo is available to be picked-up. For from port bookings, this is the date cargo can be delivered to the port.

Booking: Offer by the Government and acceptance by the Contractor for the transportation of goods pursuant to the applicable rates, terms and conditions of the subject contract. A booking is an order.

Breakbulk/RORO Cargo: All cargo that is not containerized. For the purposes of this contract the Government categorizes breakbulk into the following rate types: General, Heavy Vehicles, Light Vehicles, Helicopters, and Shipper Owned Containers moved on a breakbulk or RO/RO vessel.

Cargo Cleaning Service:

Wash Service: Cleaning required for cargo that has been tendered to the Contractor dirty and requires thorough washing.

Rinse Service: Cargo cleaning to remove road dirt and other contaminants accumulated while in transit or at the port. Service applies to cargo that was tendered to the Contractor clean.

Cargo Handling: Cargo handling (Container) Accessorial service provided by the Contractor for cargoes that are containerized by the Contractor. Cargo handling services include all labor, material, and equipment necessary to receive cargo; unload from inbound conveyance; tally cargo; load and secure cargo into containers; provide intra-terminal transfers; supply necessary blocking, bracing, and dunnage; and submit reports in accordance with Attachment 2. Accessorial includes all services from in-gate and receipt of cargo through stuffing of container at the POE and from unstuffing of the container to out-gate at POD.

Cities: A specific location where DoD cargo can originate or terminate.

City Group: Two or more cities, close in proximity, that are grouped together to provide an aggregation for simplifying rate structure.

Commercial Zone: The pickup and delivery limits of cities, ports and municipalities in the United States as defined by the Surface Transportation Board and published in 49 CFR, Part 1048, on the date service is provided by the Contractor.

Concealing (Tarping) Service: Covering and protecting of cargo using weather resistant, non-transparent, durable material.

Consignee: The person or entity named in the booking or shipping instructions to which goods have been shipped or turned over for care.

Constructive Staging: A delay in the final receipt of the cargo by the Government at the inland destination after release and commencement of on-carriage from the discharge port caused by the Government’s refusal or inability to accept the containers at the inland destination. This only applies in Exigency Areas.

Container Freight Station (CFS): A facility usually operated by the Contractor where loose cargo is received for consolidation/containerization and/or where a full container is received for deconsolidation/unstuffing.

Contingencies: Military operations that 1) are designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or 2) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12305, or 12406 of 10 USC., chapter 15 of 10 USC or any other provision of law during a war or during a national emergency declared by the President or Congress. In such cases, and in some other cases, the SDDC CG may designate certain areas as Exigency Areas in accordance with the Exigency Annex.

Contracting Officer (CO): A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

Contracting Officer’s Representative (COR): Appointed in writing by the CO, responsible for, but not limited to, the following: monitoring the Contractor’s performance in accordance with the terms of the contract; ensuring Contractor’s compliance with reporting requirements; providing data for Government reports; certifying invoices;

and reviewing Contractor claims.

Contractor: An entity in private industry, which enters into contracts with the Government to provide goods or services. For purposes of this contract, the definition is further limited to ocean common carriers within the meaning of the Shipping Act of 1984, as amended, or vessel operating contract carriers as determined under Federal Maritime Law.

Conveyance: A means of transporting cargo. Under this contract, a conveyance can be used when describing either a container or a vehicle.

Country: An internationally recognized sovereign state.

Customary Shipping (or Freight) Unit: Term used for unpackaged cargo to determine liability limits under COGSA and/or as a unit of measure for freight pricing purposes. For example, a large truck loaded on a vessel is considered unpackaged and the freight is priced per “measurement ton.” Therefore, the liability under COGSA is based on the customary shipping unit of that item. For purposes of implementing COGSA under this contract, the customary shipping unit for cargo not shipped in packages is “measurement ton.”

Cutoffs:

Cutoff at Origin: The date and time established by the Contractor when the cargo shall be tendered to the Contractor to meet the vessel’s sail date.

Port Cutoffs: The date and time established by the Contractor when the cargo shall be tendered to the Contractor at its terminal facility to meet the requirement for lift to the booked vessel.

Defense Table of Official Distances (DTOD): The source for computing the number of miles for any overland moves, when the number of miles is needed to determine the applicable rate.

Detention: The charge assessed by the Contractor for equipment delays exceeding applicable free time.

Drayage: The movement of a container between the Contractor’s terminal at the port where the container is loaded to, or discharged from, the vessel and another place by means other than the Contractor’s principal vessels, such as by highway or railway, either (if in the United States) within the commercial zone or modified zone of that United States port city and/or any location listed in the Drayage Zone of Attachment 4, or (if in other countries) within a ten-mile radius of the city limits of that foreign port city, and/or any location listed in the Drayage Zone of Attachment 4. In the case of Bahrain and Singapore, all locations in the country shall be considered part of the Drayage Zone.

Drop and Pick: See Spotting of Containers

Dry Cargo Container: A completely enclosed weatherproof container.

Excepted Cargoes Breakbulk: Aircraft (unboxed), helicopters, boats over 40 ft., oversized cargo, bulk cargo, and heavy lift cargo and explosives (excluding IMO Class 1.4), except where a specific CLIN has been included for the commodity.

Excepted Cargoes Container: Heavy lift cargo, oversized cargo (with the exception of cargo that meets the definition of over dimensional cargo or super load), explosives (excluding IMO Class 1.4) and all containers other than dry, reefer, ISO tank, open tops and flatrack containers, except where a specific CLIN has been included for the commodity.

Exclusive Use: When linehaul service is provided, the Contractor will devote the entire conveyance for cargo booked under this contract and shall be prohibited from loading cargo not booked under this contract either on the conveyance or on the government cargo except as provided in Exhibit 3, PWS, paragraph 7.A.1.

Expedited Delivery: An accessorial under which the Contractor guarantees delivery prior to the RDD established at time of booking.

Explosives: Includes all military explosives (IMO Class 1.1, 1.2, 1.3), military lethal chemicals, and other items included in Title 49 Code of Federal Regulations, Part 171 et seq (CFR et seq).

Extra Driver Service: Contractor will provide an extra driver for continuous linehaul service within legal parameters.

Feeder Vessel (Shipping): A vessel used to provide ocean service to a port which is not served directly by the mainline vessel.

Flatrack (Platform) Container: A container without weatherproof sides and/or top to include platforms, which have no sides or ends and flatracks with rigid or collapsible ends. Depending on the configuration, they can be loaded from the end, side, or top.

Free-In Free-Out: When cargo is booked as Free-in or Free-out, the U.S Government shall bring the cargo into the holds, stow it and/or trim it, tally it, lash it and/or secure it (Free-in), and take it from the holds and discharge it (Free-out) with customary dispatch, free of any risk, liability, and expense whatsoever to the Contractor.

Free time: The time allowed for Government shippers and receivers to load or unload Contractor equipment (i.e.

containers) before detention charges begin to accrue.

Futile trip: When, due to the fault of the Government, the Contractor incurs costs on trucks that are dispatched but not used. General Cargo:

Breakbulk: All static (non-wheeled cargo) except the following:

- explosives (excluding IMO Class 1.4),

- helicopters,

- shipper owned containers (SOC),

- excepted cargo, and

- hazardous cargo precluded from carriage by a Contractor under a Contractor’s policy.

Container: All container cargo except the following:

- refrigerated cargo,

- explosives (excluding IMO Class 1.4),

- over-dimensional cargo,

- excepted cargo, and

- hazardous cargo precluded from carriage by a Contractor under a Contractor’s policy.

Hazardous Cargo: A hazardous substance or material including a hazardous substance, which has been determined by the Secretary of Transportation or International Maritime Organization (IMO) to be capable of posing an unreasonable risk to health, safety and property when transported in. For purposes of applying Hazardous surcharges or the use of Hazardous commodity rates, Hazardous cargo is required to bestow on deck per United States Coast Guard Regulations.

Heavy Lift Cargo: Pieces and packages having a gross weight in excess of 112,000 lbs excluding wheeled or tracked vehicles on RO/RO vessels.

Heavy Vehicles: Breakbulk/RORO cargo – Wheeled or tracked vehicles (unboxed) exceeding 10,000 lbs per unit.

Household Goods: Shipments of household goods and baggage.

Intermodal Move: Being or involving transportation by more than one mode of transportation or type of Contractor during a single journey. An intermodal move occurs when two or more different modes such as rail, truck, barge and/or sealift are used to move cargo from origin to destination. The term “intermodal move” can be used interchangeably with “multi-modal service”. Where intermodal service is required, the prime Contractor maintains responsibility and liability for entire movement until delivered to final destination.

Late Gate: Exception to vessel cutoff. Agreement by Contractor to lift cargo to a voyage if received at the terminal after the published cutoff for the voyage.

Light Vehicles: Breakbulk/RORO cargo – Wheeled or tracked vehicles (unboxed) up to and including 10,000 lbs per unit.

Linehaul: The movement of cargo between the Contractor’s terminal at the port where the cargo is loaded to, or discharged from, the vessel and another place outside of the Commercial Zone or modified zone of that United States port city or beyond a 10-mile radius of the city limits of that foreign port city by means other than the Contractor’s principal vessels, such as by highway, railway, canal or river, or in specific instances by feeder vessels, ferry or barge ship system. Linehaul rates include exclusive use of the conveyance.

Liner In/Liner Out: Contractor is responsible for the loading and/or discharging of cargo at port of origin and/or destination and all costs associated thereto.

Liner Terms—Breakbulk: The Contractor provides all services from receipt of cargo at POE to load of cargo on the vessel (liner in) or from discharge of the vessel at POD to loading cargo onto a conveyance (liner out). The Contractor is responsible for the loading and discharging of inland transport within the Contractor’s terminal, along with associated costs, which includes but not limited to any inoperable vehicles fees, whether booked as inoperable or not.

Liner Terms – Container: The Contractor assumes all responsibility and cost for the transportation of the cargo from the port or point where the cargo is receipted for by the Contractor to the destination port or point where the Contractor makes the cargo available to the consignee. Any costs for the loading or discharging of inland transport within the Contractor’s terminal are for the account of the Contractor.

Live Load: See Spotting of Containers

Live Unload: Contractor delivers a loaded container and the driver waits while the receiver unloads the container

Measurement Ton (MsT): 40 cubic feet per ton or 2240 lbs. per ton

Normal Access: Access to space that permits efficient and expeditious loading and discharging by means routinely employed in commercial practice loading and discharging like cargo in liner service in ships service of the same type as the Contractor’s vessel.

Ocean Cargo Booking Office (OCBO): A SDDC activity subordinate to the OCCA that has Ordering authority to book cargo under this contract, performs related contract administration and export/import ocean traffic management functions for DoD cargo moving within the DTS. May also perform authorized Customs Entries.

Normally at a Battalion or Detachment location.

Ocean Cargo Clearance Authority (OCCA): An SDDC activity, normally at the Brigade level, that has Ordering Authority to book cargo under this contract, performs contract administration and export/import ocean traffic management functions for cargo moving under this contract.

Quality Assurance Office (QA): An SDDC activity subordinate to the OCCA that has authority to ensure contract compliance and perform related contract administration for cargo moving under this contract.

Ordering Activity: Includes the Commander, Surface Deployment and Distribution Command (SDDC), and designees, including authorized agents of the Government.

Ordering Officer (OO): An individual authorized to place orders against indefinite delivery indefinite quantity transportation or transportation-related services contracts awarded by USTRANSCOM, provided the contract terms and monetary limitations specified in the contract are met. The OO is:

(1) Responsible for distributing and administering orders for services that are placed

(2) Responsible for the oversight, management, and control of the distributing and administering of orders for services that the staff has placed

(3) Responsible for establishing controls necessary to ensure that all contract terms and conditions are met and that transportation services ordered conform to contract requirements before acceptance is made or payment authorized

(4) Responsible for reporting deficiencies in contractor performance promptly to the Contracting Officer's Representative or the Program Management Office.

Ordering Officers may not make any changes in the terms and conditions of any contracts against which orders are placed.

Over Dimensional Cargo: Cargo booked to be shipped as container cargo with at least one dimension exceeding any external dimension of a container’s width (8’) or height (8’6”) but not exceeding the following maximum weight and dimensions:

Weight: 44,000 lbs. Length: 40’00” Width: 11’00” Height: 11’8”

Oversized Breakbulk Cargo: Cargo that has any one dimension over 50 feet long, more than eleven (11) feet wide or over eleven (11) feet in height, or as determined by the Ordering Officer, requires special handling equipment for loading aboard or discharging from a vessel because of that cargo’s atypical size. All wheeled or tracked vehicles regardless of size are excluded from this definition.

Oversized Container Cargo: Cargo which when stowed aboard a cellular container ship would require more space than the space needed to load a 40 ft long, 8’6” high, 8 ft wide dry container; i.e., would require more than one (1) container space of this size. Exceptions to this definition are described as “Over Dimensional Cargo.”

Package: A class of cargo, irrespective of size, shape or weight, to which some packaging preparation for transportation has been made which facilitates handling, but which does not necessarily conceal or completely enclose the goods. The act of loading cargo into, or upon, a container shall not transform such containerized cargo into a single COGSA package unless such cargo satisfies the COGSA requirements of a single "package" irrespective of the fact that it has been containerized.

Pools: See Spotting of Containers

Port Area: Two or more water ports, close in proximity, that are grouped together to provide an aggregation for simplifying rate structure.

QUADCON: Shipper Owned Container; four QUADCONs have the same external dimensions as a 20-foot shipping container when linked. For rate calculation purposes, linehaul rates will be applied in accordance with Attachment 3, paragraph 1.2.10, and individual accessorials will be applied if booked as breakbulk.

Receiver: Individual or entity authorized by the consignee to receive and sign for delivered cargo.

Regularly Scheduled Sailings: Sailings at regular intervals between the same port ranges, consisting of regular arrivals, regular departures along established routes, which provide predictable Liner type service.

Required Delivery Date (RDD): The date specified in the booking, which is the latest date that cargo must be delivered. The RDD may be extended through the D-RAP process.

Round Robin: See Spotting of Containers

Route: A connection between one or two trade areas.

Route Index: A connection between two zones that includes the direction of travel.

SEAVAN Service Codes: DTR codes which indicate the extent of service for which the ocean Contractor is paid.

Indicates where the ocean Contractor’s responsibility for movement begins or ends:

K – At the Contractor’s terminal (Pier Service).

L – In the commercial zone of the US port city or, outside the US, within 10 miles of the port city limits.

Certain port cities, which are divided into modified zones as listed in this Contract, are assigned codes 1-9 instead of L (Local Drayage).

1-9 – In a modified zone for certain port cities as defined in this Contract. The number codes used correspond with the zone number in the Contract.

M – At any point not covered by codes K, L, or 1-9.

P – Same as Code M, except that one or more scheduled stop-offs in route to final destination have been booked with the ocean Contractor. Does not apply to local deliveries performed at the expense of the Government.

S – Same as Code T, except that one or more stop-offs in route to final destinations have been booked with the Contractor. Does not apply to local deliveries performed at the expense of the Government.

T – Same as Code L, 1-9, or M except cargo is booked as a “Through Shipment” under Single Factor Rate.

Shipper Owned 20/40 foot Containers (SOC): Breakbulk– Government owned/leased container cargo carried by breakbulk and/or RORO operators under the Breakbulk/RORO section.

Short Stop: A change to the terms of a specific booking whereby the Government orders the Contractor to cease further movement beyond the port of debarkation (or a relay port). Usually, the Government takes delivery at such a port. Occasionally, a new booking may be created with movement originating at such a port.

Shutout: Cargo in Contractor’s possession that is available for loading onto the booked vessel, but Contractor failed to load onto said vessel. Shutouts are considered Contractor failures for which an Ordering Officer (OO) may not authorize an extended RDD.

Single Factor Rates: Rates that include all charges except for Currency Adjustment Factor (CAF), Bunker Adjustment (BAF), and accessorials ordered in the booking. Single factor rates can apply to point-to-point, point-to-port, or port-to-point movements, but not to port-to-port movements intended for high-volume, high-frequency lanes, Single Factor Rates may not exceed the associated Multi-Factor Rate.

Spotting containers: Positioning empty containers at shipper’s facility for loading by the shipper:

Drop and Pick: Contractor delivers an empty container on chassis and picks it up, normally on a later date, after it has been loaded.

Live Load: Contractor delivers an empty container and the driver waits while the shipper loads the container.

Pools: Contractor maintains a pool of empty containers at the shipper’s location to use for bookings with the Contractor.

Round Robin Drop and Pick: The Contractor would position one empty container at the shipper’s facility.

All other deliveries of empty containers would be scheduled with the pickup of loaded containers.

Staging: Delay in commencement of drayage, linehaul or on-carriage transit requested by the Government.

Containers may be staged at the Contractor’s terminal, port facility, or at any other location chosen by the Contractor or Government, such as a railhead or barge terminal. Constructive staging is a delay in the final receipt of the cargo at the inland destination after release and commencement of on-carriage from the discharge port caused by the Government’s refusal or inability to accept the containers at the inland destination.

Swing Cargo: Any cargo which may be containerized or shipped breakbulk/RORO.

Trade Area: A geographic area used to establish routes.

Transloading service: Accessorial service provided by the Contractor. Transloading services include all labor, material, and equipment necessary to transfer cargo from one conveyance to another, to include intra-terminal transfers.

TRICON: Shipper Owned Container; three TRICONs have the same external dimensions as a 20-foot shipping container when linked. For rate calculation purposes, linehaul rates will be applied in accordance with Attachment 3, paragraph 1.2.10, and individual accessorials will be applied if booked as breakbulk.

US Flag Service:

Full Service (P1): Service where cargo is only loaded on US Flag ships between ports of embarkation and final port of debarkation.

Combination Service (P2): Service where the cargo is loaded on two or more vessels to complete the ocean movement, at least one of which is a US Flag ship and at least one of which is a Foreign-Flag ship.

Vessel Status Code: The first position of the code describes the type of contract. The second indicates whether government or Contractor is responsible for vessel load and delivery of cargo to/from port. Codes 5-9 are only used for breakbulk cargoes 2nd Position codes are as follows:

Code POE POD

1. Free-in Free-out

2. Liner-in Liner-out

3. Free-in Liner-out

4. Liner-in Free-out

5. Door/Liner-in Free-out

6. Door/Liner-in Liner-out

7. Free-in Liner-out/Door

8. Liner-in Liner-out/Door

9. Door/Liner-in Liner-out/Door

Wheeled or Tracked Vehicles: (Unboxed and Containerized) - Includes all types of unboxed, land or amphibious vehicles, set up on wheels or tracks, whether or not self-propelled.

Zone: A group of water ports within a trade area that proved endpoints for route indices.