1_MM-3_Att_1_-_Performance_Work_Statement_20Sep_DRAFT.pdf

Attachment 1, Performance Work Statement

HTC711-19-R-W002

September 20, 2018

Multimodal 3 (MM-3) Performance Work Statement

TABLE OF CONTENTS

SECTION 1 GENERAL REQUIREMENTS

1.1 Scope of Contract

1.2 Requirement for Participation and Good Standing in CRAF or VISA

1.3 Contractor Personnel

1.4 Customer Service

1.5 Cargo

1.6 Contractor-Provided Equipment

1.7 Government Furnished Containers (GFC)

1.8 Hazardous Cargo

1.9 Scheduling

1.10 Cargo Available Date

1.11 Providing Empty Containers to Shippers

1.12 Perishables Transportation

1.13 Pre-Alert Notification

1.14 Required Delivery Date (RDD)

1.15 Delivery Notification and Receipt

1.16 Concept of Operations (CONOPS)

1.17 Operational Reports

1.18 Booking Reconciliation Tool (BRT)

1.19 Customs Clearance (Sealift)

1.20 Prior Permission Required (PPR) Process

1.21 CENTCOM Subcontracting

1.22 Good Order and Condition

1.23 Invoice Submission

SECTION 2 PERFORMANCE MEASURES

2.1 Performance Requirements

2.2 Performance Measures and Performance Standards

2.3 Performance Objectives

2.4 Performance Objective Assessment

2.5 Performance Rating

2.6 Limited Use

SECTION 3 EXCEPTIONS TO NORMAL SERVICE

3.1 Cancellation/No Show

3.2 Cargo Rolls

3.3 Rerouting of Cargo

3.4 Broken/Replacement of Seals

3.5 Transportation Discrepancy Reports (TDR)

3.6 Containerization for the Convenience of the Contractor

3.7 Driver Free Time and Driver Wait Time

3.8 Live Load / Unload

3.9 Defense Logistics Agency-Energy Ground and Aviation Fuel

SECTION 4 ACCESSORIALS

4.1 Cargo Concealment

4.2 Exterior Cargo Rinsing Service

4.3 Exterior Cargo Washing Service

4.4 Interior Cargo Washing Service

SECTION 5 SECURITY AND SAFETY (PHYSICAL, PERSONNEL, INFORMATION, INDUSTRIAL, ANTI-

TERRORISM AND FORCE PROTECTION REQUIREMENTS)

5.1 General Security Information

5.2 Accessing Military Installations

5.3 Visits to USTRANSCOM/HQ SDDC Building

5.4 Additional Security Conditions

5.5 Security Regulation Guidance:

5.6 Foreign Entity Vetting

5.7 Electronic Systems Access

5.8 Aircraft Recovery Process

5.9 Incident Reporting

5.10 General Cyber Security Requirements

SECTION 6 ELECTRONIC DATA INTERCHANGE (EDI) TRANSACTIONS AND DAILY ITV

6.1 EDI Transactions

6.2 Shipment Status Reporting

6.3 Additional rules for AV Transactions for cargo booked to door

6.4 Daily ITV Reports

SECTION 7 Liability

7.1 Liability for Lost or Damaged Cargo

7.2 Contractor Bodily Injury and Property Damage Liability

SECTION 8 ACRONYMS AND DEFINITIONS

8.1 Acronyms

8.2 Definitions

SECTION 9 DELIVERABLES

SECTION 10 LIST OF ATTACHMENTS

SECTION 1 GENERAL REQUIREMENTS

1.1 Scope of Contract

1.1.1 This contract’s purpose is to provide international, commercial, door to door, mode agnostic, cargo transportation services. Multiple or single modes (e.g. airlift, sealift, linehaul) of transportation may be used in any combination to move cargo globally. The Government reserves the right to require transportation of cargo through a particular SPOE, SPOD, APOE, and/or APOD. Cargo moved under this contract will not transit the Pakistan Ground Line of Communication (PAKGLOC) unless otherwise specified in the RFQ

1.1.2 The contractor shall provide all personnel, training, supervision, equipment, Prior Permission Requests (PPRs), Diplomatic Clearances (DIPS), and customs clearance procedures necessary to perform international commercial transportation services to move Department of Defense (DoD) and other Government Agency approved cargo.

1.1.3 The Contractor is responsible to have proper equipment and personnel necessary to be self-sufficient at all ports and installations. Shippers will be responsible to load/unload ground conveyances at origin/final destination.

1.2 Requirement for Participation and Good Standing in CRAF or VISA

1.2.1 Contractors shall be Department of Defense approved carriers, not in a suspended non-use status (carrier in good standing), participating in the Civil Reserve Air Fleet (CRAF) or Voluntary Intermodal Sealift Agreement (VISA) throughout the performance of this contract. For CRAF, the contractor shall be a U.S. registered air carrier operating under Federal Aviation Regulations, Part 121, and possessing a current certificate issued by the FAA pursuant to Federal Aviation Regulations, Part 121. For VISA, the contractor shall be the owner/operator of U.S.

Flag vessels and shall comply with the Cargo Preference Act of 1904.

1.3 Contractor Personnel

1.3.1 The contractor shall provide a point of contact who is fluent in English and is authorized to provide oversight of the performance of this contract. The name of this person shall be designated in writing to the Contracting Officer prior to the contract start date.

1.3.2 The contractor shall attend periodic performance review and feedback meetings (e.g., quarterly, semi-annual, or annual) at no additional charge. These will, typically, be held via telephone.

1.3.3 In preparation for exercising each option period, approximately once every two years, SDDC and TRANSCOM will hold a Multimodal Carrier Conference to review the progress of the contract and discus changes to the contract.

1.4 Customer Service

The contractor shall submit points of contact who can respond to Government activities on a 24/7 basis to provide expert assistance in answering questions, exchanging information, and resolving problems. The contractor shall provide specific points of contact no later than 7 days after contract award.

1.5 Cargo

1.5.1 Cargo may consist of containers, pallets, breakbulk, rolling stock, tricons or quadcons. (No commercial Flatracks or Open Top containers will be booked.)

1.5.2 Cargo may be booked as container or breakbulk cargo, depending on shipper requirements. Breakbulk or Government-owned/leased containers will retain surface shipping configurations throughout transport, to include airlift. Breakbulk cargo may be containerized for sealift and/or linehaul convenience at no cost to the Government.

1.5.3 Contractor-owned/provided containers will be unstuffed and reconfigured on commercial equipment (e.g.

Air Configured Pallets) prior to airlift, as described in subsequent sections, unless otherwise identified in the RFQ requirements. For inbound shipments to Afghanistan, the contractor is responsible for ensuring that all contractor-owned/provided equipment remain in contractor possession at all times.

1.6 Contractor-Provided Equipment

1.6.1 Container Standards. Upon request, contractors shall provide containers with clearly marked container numbers that are clean, dry, empty, odor free, suitable for protecting cargo from damage and comply with International Standardization Organization (ISO), International Maritime Organization (IMO), and Convention of Safe Containers (CSC) standards.

1.6.2 Substitution of Equipment: When the contractor has accepted a booking and does not provide the conveyance listed in the booking, the contractor shall provide a suitable alternative agreed upon by the shipper and the Ordering Officer (OO) at no additional cost to the Government.

1.6.3 Chassis Requirements. For origin CONUS shipments, any containers delivered to the Government or spotted by the contractor must be on a contractor-provided chassis that supports stuffing/unstuffing operations by the Government. The chassis must remain with the container while in the custody of the Government; unless this requirement is waived by the cognizant Contracting Officer. Blanket waivers for specific areas or destinations may be issued by the cognizant Contracting Officer upon request. See 1.7.2 for further chassis requirements.

1.7 Government Furnished Containers (GFC)

1.7.1 GFC includes 8.0’- 9.5’ high x 8’ wide x 20/40’ long ISO dry cargo containers, reefer containers and flat racks. GFC may be Government-owned or leased containers.

1.7.2 The contractor shall provide a chassis for GFC shipments, unless this requirement is waived by the local shipping/receiving facility or custom of the trade does not normally call for the use of chassis.

1.7.3 The contractor shall be liable for loss or damage to the GFC resulting from the contractor’s negligence while in the contractor’s possession.

1.7.4 Contractor has the right to refuse a GFC for shipment if it is not properly numbered, or if it does not comply with ISO, IMO and CSC Standards unless it is booked as breakbulk. Before making any changes to improperly numbered containers, the Contractor shall coordinate with cognizant COR. When a GFC is booked as breakbulk, the contractor does not have the right to refuse the shipment.

1.8 Hazardous Cargo

The Government will package, prepare, mark/label and certify all hazardous materials in accordance with Air Force Manual (AFMAN 24-204), International Civil Aviation Organization (ICAO) Directives, International Maritime Dangerous Goods Code (IMDGC) and Code of Federal Regulations, Title 49 (49 CFR). Cargo may include hazardous material Classes 2 through 9 as defined in the International Air Transportation Association (IATA) Dangerous Goods Regulation. If cargo does not comply with aforementioned regulations, the contractor may refuse to transport noncompliant hazardous cargo.

1.9 Scheduling

1.9.1 For service between countries or ports where multimodal service is required, the contractor shall provide and maintain vessel schedules in Integrated Booking System (IBS) prior to submission of the Contractor’s offer.

Vessel schedule changes that occur prior to scheduled departure may result in cancellation of booked cargo at no cost to the Government.

1.9.2 The contractor shall provide the Voyage Document Number (VOYDOC) and/or flight itinerary as required in the RFQ.

1.10 Cargo Available Date

1.10.1 This is the date cargo is available to be picked up from the shipper. RFQs may require cargo to be picked up within an established number of days from the available date. In those situations, the contractor shall pickup all cargo within the timeframe established in the RFQ and the accepted booking.

1.10.2 When a Required Pick-up Date is provided in the RFQ, the Contractor shall pick-up all cargo before or on the date listed.

1.10.3 Contractor shall coordinate pick up dates/times directly with shipper at least 24 hours prior to available date but making contact after receipt of award is preferred.

1.10.4 The contractor shall pick up cargo at Afghanistan origins within the specified number of days in the accepted booking.

1.11 Providing Empty Containers to Shippers

1.11.1 Spot Date

At least 24 hours 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.

1.11.2 Drop and Pick Service

1.11.2.1 When requested by the Ordering Officer, the contractor shall provide drop and pick service or round robin drop and pick which shall be included in the contractor’s rate.

1.11.2.2 The contractor shall spot the requested equipment at the location on or before the date and time specified in the booking.

1.12 Perishables Transportation

1.12.1 Upon discharge at the POD, the Contractor will be responsible for the unstuffing, storage, preparation, aircraft loading/unloading and final delivery of perishables.

1.12.2 The Contractor must perform all unstuffing, storage and preparation actions at a VETCOM-approved facility and have the proper equipment and personnel necessary to be self-sufficient. The Contractor shall ensure that all cargo is properly and safely prepared for shipment and adhere to all Required Delivery Dates (RDDs) specified in the bookings.

1.12.3 The Contractor will stage cargo in a secured facility/location until airlift. Customs clearance, transportation to the aircraft, loading/unloading of cargo to/from the aircraft and final delivery to the consignee shall be performed by the Contractor.

1.12.4 Cold chain requirements: The Contractor shall be responsible for proper product storage, segregation and delivery in excellent condition.

1.12.5 In order for frozen items to be accepted, the following criteria must be observed:

1. Packages must be solid, not soft, upon arrival;

2. Container and wrapping must be intact, not damaged, and in a solid condition;

3. Packages must be free of drop and show no evidence of thawing and re-freezing (i.e. watermarks on boxes, off odor) or dehydration;

4. Cello wrapped packages must not be discolored or show other signs of freezer burn.

1.12.6 The Contractor shall maintain temperature-control for all freeze, protection-from-heat and chilled cargo throughout the transportation process to include but not limited to, unstuffing, storage, preparation, aircraft loading/unloading and delivery processes in accordance with the temperature range and variance specified in the IBS booking. As a general guide:

1. Freeze items must be maintained at 0 degrees F;

2. Protection-from-heat items must be maintained below 70 degrees F;

3. Chilled items must be maintained at 32-40 degrees F;

4. Ice cream must be maintained at -10 to 0 degrees F.

1.12.7 DLA Prime Vendors are the primary shippers of perishable cargo under this contract. Further requirements for Prime Vendors are identified in Attachment 7.

1.13 Pre-Alert Notification

1.13.1 No later than (NLT) 12 hours prior to arrival, the contractor shall provide the destination Aerial Port with the cargo arrival date, time, and quantity.

1.13.2 The contractor shall provide the contact information for a contractor representative, who is fluent in English, and available in person or via telephone during aircraft or truck arrival or departure. This representative shall be responsible for providing necessary information and coordinating with Government personnel and have the full authority to react to and effect necessary changes.

1.14 Required Delivery Date (RDD)

1.14.1 The contractor shall deliver all cargo by the RDD specified in the accepted booking. Changes to the RDD will be granted only as defined below:

1.14.1.1 When consignee is unable to accept local delivery of cargo prior to RDD, as defined by paragraph 6.3 (AV guidance), the contractor shall receive consideration for on-time delivery. However, due diligence shall be exercised to meet RDD or achieve delivery at the earliest possible time after RDD.

1.14.1.2 In instances where RDD relief is applicable based on AV submission, the Contractor must provide supporting documentation upon request of the cognizant SDDC COR or SDDC HQ Contract Compliance Branch.

1.15 Delivery Notification and Receipt

1.15.1 The Contractor shall schedule a date and approximate time for all deliveries with the consignee or consignee's agent at least 2 working days prior to any actual delivery of cargo. Does not apply to shipments to Afghanistan.

1.15.2 The Contractor shall not deliver cargo on the same day as notification unless approved by the consignee.

Does not apply to shipments to Afghanistan.

1.15.3 The Contractor shall deliver cargo on a specific day if requested by the consignee provided the contractor can accommodate the request using the contractor’s normal service.

1.15.4 The Contractor shall provide a delivery receipt for the consignee or consignee’s agent to sign to acknowledge receipt of the containers or pieces and to annotate any exceptions.

1.15.5 The Contractor shall display a placard on the cargo or conveyance with identifying marks where required by local practice.

1.15.6 A signed delivery receipt with no damage noted does not preclude the Government from pursuing a claim for damages discovered after delivery. If damage is later discovered, the Contractor will be notified and requested to survey cargo.

1.15.7 Delivery receipt shall contain the following information: carrier, Port Call File Number (PCFN), IBS, Transportation Control Number (TCN), container number (if applicable), consignee DoDAAC, final destination location, truck number, driver name, date cargo arrived at final destination, date/time cargo in-gated at final destination, date/time cargo off-loaded at final destination, printed consignee name, consignee’s signature, remarks section. Additional information may be included as necessary. The Contractor shall maintain a copy of the delivery receipt.

1.16 Concept of Operations (CONOPS)

Upon Government request, the Contractor will provide a complete CONOPS report to SDDC for review prior to cargo being booked. CONOPS requirements will be provided at time of the request.

1.17 Operational Reports

The Contractor shall submit specific cargo movement information in accordance with the requirements outlined in Attachment 5.

1.18 Booking Reconciliation Tool (BRT)

1.18.1 The Contractor shall submit any booking modification requests via BRT for cargo booked in IBS. BRT is a module of the Pipeline Asset Tool (PAT).

1.19 Customs Clearance (Sealift)

1.19.1 The responsibilities for cargo clearance under this contract are shared between the Contractor and the Government.

1.19.2 For cargo entering via seaports/airports in the countries listed in Table 1.19.2 below, the Government has principal responsibility for cargo clearance and performs the majority of tasks incident to clearance. These include the preparation of documents or entry into automated customs systems but, by local practice, the Government may require the Contractor to perform tasks such as document pickup and delivery, presentation of documents to appropriate customs officials and payment of processing fees.

1.19.2.1 Costs incurred by the Contractor to provide these incidental services shall be included in applicable pricing.

1.19.2.2 Table 1.19.2 is a list of locations where the Government has principal responsibility for cargo clearance.

1.19.2.3 Hardcopy document clearance.

1.19.2.3.1 Government (shipper) prepares a cargo clearance request package (Complete except for any contractor provided documents).

Table 1.19.2 United States territories and possessions Kuwait

1.19.2.3.2 Government may submit to customs or give to the contractor for the contractor to combine with contractor documents (such as bill of lading) and deliver to customs officials, pay minor processing fees, obtain approvals and notify any other stakeholders when clearance is approved.

1.19.3 Contractor-Arranged Cargo Clearance: Contractor acts on behalf of Government to obtain cargo clearance.

1.19.3.1 When Contractor-Arranged Cargo Clearance is ordered by the Government, the Contractor has principal responsibility for customs clearance.

1.19.3.2 Contractor-Arranged Cargo Clearance, as required by local practice, includes these additional services:

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

1.19.3.2.2 Provide prepared forms/documents to receiver/Government for signature;

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

1.19.4 Additional countries may be added to Table 1.19.2 should it be determined that the Government has increased its presence in a country, and that the Government shall provide clearance services as described by 1.19.2.

1.19.5 Countries shall be removed from Table 1.19.2 via bilateral modification should it be determined that the Government has decreased its presence in those countries, and that the Government can no longer provide clearance services as described by paragraph 1.19.2.

1.19.6 The shipper will provide the Contractor with appropriate shipper generated customs documents at least three business days prior to vessel departing port of origin.

1.19.7 Notification of Cargo Held by Customs

1.19.7.1 The Contractor shall promptly notify the cognizant COR and SDDC Battalion within 24 hours if cargo is held up by customs, or if the local authorities require direct Government intervention for cargo customs clearance.

1.19.8 The Contractor will ensure that cargo remains within designated customs free zones and/or that cargo remains customs cleared by host nations. The contractor will be required to coordinate all activities with the host nation to implement the requirements in this work statement to include duty-free customs clearance, transit and landing rights.

1.20 Prior Permission Required (PPR) Process

1.20.1 The Government will provide the Contractor with all cargo data necessary for the completion of aircraft clearance including customs, and similar documents. The Contractor shall retain responsibility for furnishing appropriate agencies all required manifest, and border clearance documents, covering all cargo aboard the aircraft upon entry into the foreign country. The Contractor shall also be responsible for payment of any charges, fees, or taxes based upon use of terminal facilities by or for cargo. The Government is not obligated to pay, or reimburse the Contractor for payment, of any such charges. The International Flight Information Manual (IFIM) in conjunction with the host nation’s Aeronautical Information Publication (AIP) includes the process and/or points of contacts for obtaining civilian clearances. When a foreign country requires that a carrier under contract to USTRANSCOM submit a clearance request through US diplomatic channels for approval, this fact, along with the procedures to be followed, will be noted in the DOD Foreign Clearance Guide (FCG), DoD 4500.54-M, https://www.fcg.pentagon.mil. Contractors shall adhere to the guidelines outlined in this appendix when operating missions under this contract that require clearances to be submitted through US diplomatic channels and shall consult the DOD Foreign Clearance Guide for specific US Defense Attaché Office (USDAO) requirements or country restrictions to supplement IFIM and AIP requirements. Contractors can obtain a user name and password for access to the on-line FCG by contacting HQ USAF/A5XP by e-mail at fcg@pentagon.af.mil or by calling (703) 614-0130.

1.20.2 The Contractor shall adhere to the theater application process and operate in accordance with the approved PPR. It is the Contractor’s responsibility to be aware of all airfield restrictions outlined in the NOTAMS. NOTAMS can be found at the following website: https://isfcc.ncia.nato.int/default.aspx.

1.20.3 Contractor will obtain PPRs prior to each airlift mission through the CDDOC or respective airfield managers. Additional information on airfield slot times for all strategic, fixed-wing flights can be obtained from the following website: https://isfcc.ncia.nato.int/default.aspx.

1.20.4 In the event the Contractor cannot comply with the approved PPR, the Contractor shall immediately coordinate with the local airfield manager and the CDDOC.

1.20.5 The Contractor is responsible for obtaining necessary landing rights or privileges and visas, passports, restricted area passes and gate passes for crews, route support personnel and Contractor employees to ensure total compliance with all local security requirements.

1.20.6 The Contractor shall comply with all International Overflight Requirements.

1.21 CENTCOM Subcontracting

1.21.1 CENTCOM Safety and Audit Oversight Program. In order to provide service to a CENTCOM Area of Responsibility (AOR) location, Contractors are required to maintain a safety and audit oversight program on all subcontractor air carriers that operate into or out of a military controlled Forward Operating Base (FOB)/Forward Operating Location (FOL) airfields. This section does not apply to operations into or out of civilian-controlled airfields without a joint-use military presence where air carrier operations are governed by the applicable country Civil Aviation Authority (CAA) requirements. As a minimum, the Contractor shall comply with the technical requirements identified in the Attachment 4, Safety and Audit Oversight Checklist. In addition, the CRAF Contractor shall not use air contractors listed on the European Banned Carrier Listing at https://ec.europa.eu/transport/modes/air/safety/air-ban_en, the Excluded Parties Listing, at https://www.sam.gov/portal/public/SAM/, and the Department of Treasury: Office of Foreign Assets Control, Special Designated Listing at http://www.ustreas.gov/offices/enforcement/ofac/sdn/.

1.21.2 Contractors who will utilize a subcontractor to perform any portion of the airlift requirement operating into or out of military controlled Forward Operating Base (FOB)/Forward Operating Location (FOL) airfields, within the CENTCOM AOR, must assess the level of safety of the subcontractor. This assessment will be based upon a safety audit performed by the Contractor or an independent International Air Transport Association (IATA) accredited third-party audit organization. AMC/A3B approved US-flag or foreign flag subcontractors are exempt from the audit as long as they remain on the AMC/A3B, DoD-approved carrier listing. AMC/A3B should be notified at 618- 229-4801 when a subcontractor undergoes an audit conducted by an IATA third-party audit origination.

1.21.3 Following completion of each safety audit, the Contractor shall issue a “Statement of Compliance” to the contracting officer affirming each subcontractor complies with paragraph 1.21.1. This certificate is valid for 24 months. The Contractor shall develop a subcontractor audit program providing for an onsite audit of subcontractors at least every 24 months in order to issue a subsequent “Statement of Compliance.”

1.21.4 Should the U.S. Government determine any of the following conditions exist; it may report the situation to the proper U.S. Government officials or take further corrective action:

1.21.4.1 Contractor’s failure to meet any of the obligations imposed by paragraph 1.21.1.

1.21.4.2 Involvement of one of the Contractor’s and/or subcontractor’s aircraft in a serious or fatal accident, incident, or operational occurrence (regardless of whether or not such aircraft is being used in the performance of this contract).

1.21.4.3 Any other condition that affects the safe operation of contractor’s flight hereunder.

1.21.5 Within 90 calendar days of contract award, the Contractor shall submit a safety and audit oversight compliance statement and provide the Contracting Officer a complete MS-Excel spreadsheet listing of all foreign flag subcontractors subject to safety audits outlined in paragraph 1.21.1. The information shall include the contractor’s name, aircraft type, aircraft registration number, aircraft country of operating certificate, and the date of the CRAF contractor’s last audit on the subcontractor. Any subcontractor changes after the initial 90 calendar days will require the CRAF contractor to complete the safety and audit oversight requirements prior to using a new subcontractor and shall require the CRAF contractor to provide an updated list to the Contracting Officer within five

(5) business days. Updated listings shall also be provided when audits are accomplished in compliance with the 24 month renewal. Note: The U.S. Government retains the right to request copies of all completed audit reports.

1.22 Good Order and Condition

Cargo shall be delivered to the consignee in the same order and condition as when turned over to the Contractor for shipment.

1.23 Invoice Submission

Final invoices may be submitted only after services included on the invoice have been satisfactorily performed (Ref FAR 32.905). Final invoices with proper documentation shall be submitted to SDDC G8 within the timelines established in Attachment 2 – Invoicing and Payment.

SECTION 2 PERFORMANCE MEASURES

2.1 Performance Requirements

All cargo booked under this contract shall be moved in accordance with the terms of the contract. The Government strategy for assessing the Contractor’s performance under this contract focuses on two business lines: Unit Moves and Other Than Unit Moves (OTUM). Contractor performance will be measured for each geographical lane they service (e.g. NORTCOM to CENTCOM), separated by Unit Moves and OTUMs using the PAT Carrier Performance Portal (CPP). Contractors should request access to PAT CPP to manage and track performance.

2.2 Performance Measures and Performance Standards

To evaluate the contractor’s success in meeting the stated Performance Objectives, the Government will monitor and measure contractor performance under this contract using the Performance Measures identified in Table 2.2Table

2.2. There may be more than one Performance Measure for a single Performance Objective. Data points for Performance Objectives 1 and 2 represent one container or piece of cargo as booked.

Table 2.2

Performance Objective

Description

Performance Measure

Average

Weight

Assessment

On-Time Delivery

Cargo shall be delivered not later than the Required Delivery Date as accepted in the booking.

x%

0.75 x* .75

In-transit Visibility

The Contractor shall provide to the Government accurate EDI transactions required by Section 2 within 24 hours of the event.

y%

0.25 y * .25

Contractor

Score

1.00

Total %

2.3 Performance Objectives

2.3.1 Performance Objective No. 1: On-Time Delivery

2.3.1.1 The Contractor shall deliver the cargo no later than the Required Delivery Date (RDD) specified in the accepted booking.

2.3.2 Performance Objective No. 2: ITV

2.3.2.1 The Contractor shall provide accurate and timely shipment status reports using the Electronic Data Interchange (EDI) as required by SECTION 6.

Required transactions for containers: W, I, AE, VD, VA, UV, OA, X1, RD/EC Required transactions for breakbulk: W, I, AE, VD, VA, UV, OA, X1 Required transactions for Movements Not Booked within the SDDC IBS System: W, I, VD, VA, OA, and X1

2.3.2.2 Although required, RD or EC will not be measured with the other required EDI transactions, the Government recognizes that in some cases RD submission may occur after or before shipment RDD.

2.3.2.3 The event transactions I, VD, VA, and OA must be submitted for each air and sea leg. For example, if the shipment is booked with both a sea leg and an air leg then there would be two sets of the above transactions.

However, if it is just a sea leg or an air leg, then there would be only one set of the transactions.

2.3.2.4 The ITV performance objective is calculated based on a weighted score of EDI submission considered at 50% weight and submission timeliness considered at 50% weight. Each transaction will be independently measured.

For example, if the Contractor submits the twelve required transactions but only nine are timely, the Contractor would receive 87.5% [.5(12/12) + .5 (9/12)] credit for ITV on that shipment.

2.3.2.5 The ITV measure is independent of the on-time delivery performance measure; although failure to submit an X1 transaction will be considered equivalent to a missed RDD, unless conditions described in SECTION 6 apply.

In either case, X1 is a mandatory EDI transaction for all shipments.

2.4 Performance Objective Assessment

2.4.1 Performance assessments will be prepared on a monthly basis and posted in the Carrier Performance Portal (CPP) by the close of business on the 15th business day of each calendar month for the previous month. The SDDC HQ COR will coordinate with the Contractor to attempt to resolve disputed performance assessment data prior to the posting of the Monthly Performance Rating. The Government will accomplish audits of contractor submitted performance data to ensure accuracy.

2.5 Performance Rating

2.5.1 The Contractor’s Performance Rating will be assigned for each geographical lane they service; separated by Unit Moves and Other than Unit Moves (OTUM).

2.5.2 The performance ratings are provided in Table 2.5 below.

Table 2.5

Rating Definition

Exceptional

95% - 100%

Good

90% - 94.9%

Satisfactory

85% - 89.9%

Marginal

78% - 84.9%

Unsatisfactory

77.9% and under

Neutral/Unknown No Volume

Has an Initial- Neutral/Unknown rating for the month and meets all other contractual requirements. No CDRs issued.

2.5.3 For purposes of evaluating and awarding task orders, the Government will utilize a two-month rolling average of the Performance Ratings referenced above for each geographical lane they service; separated by Unit Moves and Other than Unit Moves (OTUM). The rating used for evaluating and awarding task orders will become effective one month after performance has ended for a particular month. For example, the two-month rolling average for the months of September and October will become effective on the first day of December. A month’s rating will be utilized for all RFQ’s closing in the same month. For example, January’s ratings will be used for all RFQ’s with a close date in January. In the event the performance rating for a geographical lane is neutral, the combined overall score of all geographical ratings will be used.

2.5.4 In the event the performance ratings are not complete in sufficient time for them to be utilized in an award decision, the Contractor’s Performance Rating from the previous month shall be used for those decisions. Once the Performance Rating for the month have been established, they will be utilized for future award decisions.

2.5.5 Quality Control

The Contractor shall promptly notify the cognizant 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 2 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.

2.6 Limited Use

2.6.1 The Contractor may be put into limited use status by the Contracting Officer for service failures including, but not limited to, the following:

1. Performance scores falling below an acceptable rating for two consecutive monthly ratings.

2. Substituting a foreign vessel or aircraft when a U.S. Flag vessel or aircraft was submitted in the RFQ and the change was not due to the fault of the Government.

3. Lost/damaged/pilfered shipments exceeding 0.5% of all shipments during any three month period.

2.6.2 The Contractor will be notified via a letter issued from the Contracting Officer that the Contractor is in jeopardy of being put on limited use. The letter will outline, at a minimum, the reason the Contractor is being considered for limited use status, the proposed amount of time of the limited use status, and any other pertinent information.

2.6.3 The Contractor shall respond with a remedy to the issue. If the Contracting Officer determines the remedy is insufficient the Contractor will be notified in writing they are officially in limited use status.

2.6.4 Contractors in limited use status may only be offered bookings if no other contractor is available or if no other contractor has equal or higher flag service available.

SECTION 3 EXCEPTIONS TO NORMAL SERVICE

3.1 Cancellation/No Show

3.1.1 The Government may unilaterally cancel the Multimodal booking without penalty, provided notification is given to the Contractor. The Government will provide cancellation notice at least 24 hours prior to scheduled pickup at origin. Special situations shall be addressed by the Contracting Officer.

3.1.2 The Contractor shall notify the cognizant COR of cargo not tendered to the Contractor in time to meet the booked departure that has not been cancelled or rebooked.

3.2 Cargo Rolls

3.2.1 For cargo that misses the booked departure through no fault of the Contractor, the Contractor shall move cargo on the next scheduled departure after receipt of cargo from the Government. Contractor shall notify shipper and origin OO at time of occurrence and request a cargo roll using the Pipeline Asset Tool (PAT), Booking Reconciliation Tool (BRT).

3.2.2 When the Government notifies the Contractor cargo is not available for a booked movement, the Contractor shall then designate a new vessel, aircraft, or other mode of conveyance based on the revised availability of cargo.

Should the rolled cargo not show for the follow on designated departure, the booking shall be cancelled and the cargo rebooked.

3.2.3 The Contractor shall in no event hold the Government liable for demurrage, dead freight or associated charges by failing to release cargo in time to meet a specified pickup.

3.3 Rerouting of Cargo

Any changes in the booked routing must be coordinated with the Ordering Officer. Delays due to route changes made by the Contractor will not result in additional monetary compensation. If the Government reroutes cargo compensation will be negotiated with the Contracting Officer on a case-by-case basis.

3.4 Broken/Replacement of Seals

The Contractor shall notify the Shipper, Ordering Officer, and COR electronically within 24 hours of discovery that cargo has been tampered with and if a seal on unit cargo has been broken and/or replaced while the cargo is in the possession of the Contractor. A complete written report of the circumstances and reasons shall be provided to the cognizant COR.

3.5 Transportation Discrepancy Reports (TDR)

The Government will process cargo claims in accordance with the Defense Transportation Regulation, Volume II, Chapter 210, and the Contractor agrees to cooperate with Government efforts to resolve claims for loss or damage to Government cargo.

3.6 Containerization for the Convenience of the Contractor

For breakbulk cargo booked by the Government, the Contractor may, in its discretion, containerize such cargo for operational convenience without any additional cost or expense to the Government. However, breakbulk cargo containerized for Contractor’s convenience must be de-containerized and made available for customer pick up within 2 working days after discharge, and is considered breakbulk cargo.

3.7 Driver Free Time and Driver Wait Time

3.7.1 Driver free time will commence once the Contractor has notified the consignor or consignee that the cargo is available for loading or unloading. Cargo is considered available for loading or unloading when placed in a location so it can be immediately accessed for loading or unloading within the consignor or consignee's normal operating hours or acceptance hours. If the consignor or consignee requires pickup or delivery appointments, wait time spent due to early or late arrivals will not count towards free time. If a Contractor is prepared to position its conveyance for loading or unloading, but is prevented from doing so due solely to a Government delay, driver free time will commence at that time. Driver free time shall not commence unless, and until, the Contractor has notified the consignor or consignee that its conveyance is at the shipping or receiving facility but is unable to position its conveyance for loading or unloading due to a Government delay.

3.7.2 If loading or unloading is not completed by the close of business for that location, time will resume at the beginning of the next business day.

3.7.3 Driver wait time shall start when driver free time ends. Driver wait time shall end when consignor or consignee notifies the Contractor in writing that loading or unloading has been completed and that the conveyance is available for pickup. Such notification shall constitute release of contractor’s equipment.

3.7.4 Invoices for driver wait time payments based on Government delays must be submitted via the PAT Invoice Processing Portal (IPP) in accordance with Attachment 2 for validation and must include substantiating documentation to establish entitlement to these additional fees. Contractors are required to keep separate documentation for payment purposes. In the event of a dispute between the Contractor and consignee records, the consignee's records will prevail. Minimum documentation shall include: date/time contractor arrived; date/time contractor available for loading or unloading; date/time loading or unloading complete; TCN; PCFN/booking number; and origin or final destination location and DODAAC. Contractor shall be compensated as described in Table 3.7.11.

3.7.5 Driver Wait Time Incurred in Afghanistan, driver wait time applies only to charges incurred when the driver is in line outside the final destination waiting to deliver cargo.

3.7.6 Free time shall start when the driver is in line outside the final destination waiting to deliver cargo and the Contractor provides notice by submitting an "AV" EDI transaction that indicates the consignee is unable to accept the cargo.

3.7.7 The receiver shall have driver free time as indicated in the Driver Free Time column in Table 3.7.11 below, starting from the date of arrival in line outside base gate. The Contractor shall be paid waiting time at the rates in Table 3.7.11 below for periods in excess of free time.

3.7.8 Driver wait time shall end when the cargo is delivered (EDI X1) or government requests staging and shipment is in-gated (EDI HG) at staging location

3.7.9 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, driver wait time will not be payable. Also see paragraph 3.8.4.

3.7.10 Invoices for driver wait time will be submitted in accordance with Attachment 2.

3.7.11 Driver Free Time and Driver Wait Time

Table 3.7.11 Location Driver Free Time Driver Wait Time Rate United States 4 hours $15.00 per quarter-hour * Kuwait and U.A.E Ends at 2359 day of arrival $25.00 per hour Afghanistan Ends at 2359 day of arrival $150.00 per day

*Note: For the U.S., round to next higher quarter hour.

3.7.12 For locations not identified in Table 3.7.11, Contractor may request reimbursement of actual expenses for driver wait time incurred after expiration of free time which ends at 2359 local time on the day of arrival.

3.8 Live Load / Unload

3.8.1 The Contractor shall provide live load and/or live unload service at the origin and/or destination as follows:

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

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

3.8.2 The Contractor and the shipper/receiver shall set a live load/unload appointment (date and time and specific location). For locations described in Table 3.7.11, the shipper/receiver shall have free time as indicated in the free time column, starting from the time of the appointment to loading/unloading of the cargo. The Contractor shall be paid waiting time at the rates in Table 3.7.11 for periods in excess of free time. In the event the Contractor arrives 15 minutes or later after the agreed time, the shipper/receiver may load/unload the cargo immediately or reschedule the loading/unloading for a later time. In either case, free time starts upon actual start of loading/unloading operations.

Shippers/Receivers may also cancel the appointment and reschedule for a different day at no additional cost to the Government.

3.8.3 When indicated in the RFQ, the Contractor shall pick up empty Government owned or leased containers from locations separate from the designated loading location and deliver them to the shipper for loading. The Contractor shall include the cost of this service in their offer. The container shall be spotted at the shipper’s location using rules for live load, drop and pick or pool as would apply for a contractor provided container.

3.8.4 Paragraph 3.7.9 also applies to Live Unload.

3.9 Defense Logistics Agency-Energy Ground and Aviation Fuel

3.9.1 Defense Logistics Agency - Energy (DLA-E) Ground and Aviation Fuel. If the Contractor is authorized to purchase fuel from DLA-E, a Fuel Purchase Agreement (FPA) must be completed. DD Form 1896 DOD Fuel Identaplates will be prepared for the prime contractor (carrier) and the prime contractor may distribute the identaplates out to their respective subcontractor(s). The identaplate will reflect the prime contractor’s DLA-E assigned DoDAAC account and other information needed by the contractor to identify their subcontractor. It is the responsibility of the prime contractor to manage and account for the identaplates. Cash purchases are not authorized.

Payment for fuel is a contractor responsibility and is not a reimbursable expense.

3.9.2 If DLA-E fuel supply levels become a concern, the Government reserves the right to restrict the amount of fuel to be uplifted or rescind the Contractor’s ability to purchase DLA-E fuel.

3.9.3 Additional information can be obtained from DLA-E at DESCFPA@dla.mil.

SECTION 4 ACCESSORIALS

The following accessorial services, when required, will be ordered in the RFQ and should be priced into the Contractor’s all inclusive price per pound rate. Any required accessorials not listed below will be included in the special instructions in the RFQ.

4.1 Cargo Concealment

4.1.1 When service is ordered, the Contractor will conceal/cover any non-containerized cargo that is in the open on a given conveyance. The Contractor shall provide necessary material to cover cargo completely so that the cargo is concealed from view while being transported. Concealment materials shall be weather resistant, non-transparent and shall remain secured and in place during the complete transit of cargo. The Contractor shall repair or replace any material used for concealment if damaged in transit. In addition, concealment material shall remain on the cargo until final destination unless otherwise directed by the Government. The Contractor shall be responsible for the removal and the disposal of such material, unless otherwise directed by the Government.

4.1.2 Concealment material may include tarps, crates, and any other material deemed necessary, by mutual agreement between the Contractor and the Ordering Officer. The Government may request specific material depending on the nature of the cargo.

4.2 Exterior Cargo Rinsing Service

4.2.1 The purpose of cargo rinsing service is to remove road dirt and other contaminants from cargo that was cleaned and found to be acceptable for entry into the US prior to tendering to the Contractor. Contractor shall clean cargo to a condition acceptable for entry.

4.2.2 Includes costs to move cargo to the rinse facility or to move rinse equipment to the cargo.

4.2.3 The Contractor may choose where to perform the rinsing service unless location is specifically directed by the Ordering Officer.

4.2.4 Contractor shall re-rinse cargo at POD if rejected by customs/agriculture authorities, at no cost to the Government if it is determined that rejection occurred at fault of the Contractor.

4.2.5 For cargo containerized by the Government, rinsing service applies to exterior of container. For cargo containerized at contractor’s convenience, rinsing applies to exterior of cargo.

4.3 Exterior Cargo Washing Service

4.3.1 All cargo entering the US must be free from contaminated soil and pests. “Cargo will not be loaded aboard a final conveyance in a foreign country, for movement to the US, unless it is free of animal and plant contamination or pest infestations as required by the US Port of entry Customs Border Protection-Agriculture Inspection Service officials (CBP-AIS) and USDA Animal and Plant Health Inspection Services (APHIS).” Washing of cargo must comply with the following: 7 CFR 330.300, Defense Transportation Regulation (DTR) 4500.9R, Part V, Chapter 502, 505, and Chapter 506. Detailed cleaning and inspection procedures can be found in the Armed Forces Pest Management Board Technical Guide No. 31, Contingency Retrograde Wash-downs: Cleaning and Inspection Procedures.

4.3.2 Accessorial Rate includes costs to move cargo to the wash facility or to move the wash equipment to the cargo.

4.3.3 The Contractor may choose where to perform the washing service, unless the location is specifically directed by the Ordering Officer.

4.3.4 When washing services are ordered, Contractor shall re-wash cargo at POD if rejected by customs/agriculture authorities at no cost to the Government if it is determined that rejection occurred at fault of Contractor.

4.3.5 For cargo containerized by the Government, washing service applies to exterior of container. For cargo containerized at contractor’s convenience, washing applies to exterior of cargo.

4.4 Interior Cargo Washing Service

4.4.1 The vehicle cab and all interior storage and tool compartments must either be swept, compressed air cleaned, sprayed with water, and/or wet/dry vacuumed; including the floor, under the seats, trunk, spare tire & spare tire well. When utilizing water pressure machines or steam to clean, cover the dashboards and areas where electronics may be damaged with plastic or other protective lining prior to starting. The focal point of the interior cleaning should be the floorboard area, including lower compartments utilized for storage where most soil accumulates. Interior must be cleaned to USDA Standards.

4.4.2 Upon tender to the Contractor, the vehicle will be free from all contraband to include weapons, ammunition and classified material. Contractors may refuse to accept cargo from the government/shipper if cargo is not free of these materials.

4.4.3 Accessorial Rate includes costs to move cargo to the wash facility or to move the wash equipment to the cargo.

4.4.4 The Contractor may choose where to perform the washing service, unless the location is specifically directed by the Ordering Officer.

4.4.5 When washing services are ordered, the Contractor shall re-wash cargo at POD if rejected by customs/agriculture authorities, at no additional cost to the Government, if it is determined that rejection occurred at fault of Contractor.

SECTION 5 SECURITY AND SAFETY (PHYSICAL, PERSONNEL, INFORMATION, INDUSTRIAL,

ANTI-TERRORISM AND FORCE PROTECTION REQUIREMENTS)

While on military installations or on military portions of civil installations, contractor personnel shall comply with security regulations promulgated by the military installation commander. Security regulations are directive in nature and shall be adhered to by all contractor personnel.