2023.11.22 Atch 1 NSGB PWS_Revision 1.pdf

HTC71123RW003

Attachment 1

Revision 1 dtd 22 November 2023

Performance Work Statement (PWS)

Sealift Transportation Services – Naval Station Guantanamo Bay, Cuba (NSGB) 2

SECTION 1 BACKGROUND

SECTION 2 SCOPE

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

2.A.2. Cargo Types

SECTION 3 GENERAL REQUIREMENTS

3.A. Space Commitment 3.B. Shipment Booking 3.B.1. Services to Provide

3.B.2. Booking Acceptance

3.B.3. Response to Booking Requests

3.B.4. Hazardous Cargo

3.B.5. Automated Booking

3.B.6. Schedule Maintenance

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

3.C.2. Spot Date

3.D. Port Operations 3.E. Ocean Transportation 3.E.1. Cargo Lift, Advancement and Rolls

3.E.2. Improper Documentation

3.F. Destination Services 3.F.1. Delivery to Destination

3.F.2. Early Deliveries

3.F.3. Cargo Receipt

3.F.4. Shipper Failure to Return Container

3.G. Privately Owned Vehicles (POV) Requirements 3.G.1. POV Processing

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

3.G.3. POV Security

3.H. General 3.H.1. Hazardous Cargo

3.H.2. Equipment

3.I. Electronic Commerce / Electronic Data Interchange (EDI)

3.I.2. Additional Guidance on Specific Transactions

3.I.3. Manual Operational Reports

3.J. Exceptions to Normal Service 3.J.1. Futile Trip

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

3.J.3. Notification of Receipt of Damaged Cargo

3.J.4. Delay of Scheduled Sailings

3.J.5. Contractor Failure to Load Containers

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

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

3.J.8. Transfer of Containerized Cargo

3.J.9. Container Identification

3.J.10. Security

3.J.11. Damage to Contractor Equipment

3.J.12. Overweight Containers

3.J.13. Changes to Service

3.J.14. Port Storage

3.K. Cyber Security 3.K.1. General Cyber Security Requirements

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

3.K.3. Modified NIST SP 800-171 Requirements

3.K.4. Cyber Incident Reporting

3.K.5. Cyber-Incident Reporting – Classified System

3.K.6. Cybersecurity Incident Reporting Timelines

3.K.7. Mandatory Reporting Data

3.K.8. Incident Reporting Coordination

3.K.9. Confidentiality and Non-Attribution Statement

3.L. Operational Security (OPSEC)

SECTION 4 MEASURING PERFORMANCE

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

4.A.2. Performance Objectives

4.A.3. CPP Procedures for Monthly Scorecards

4.A.4. Performance Objective Assessment

4.A.5. Performance Rating

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

SECTION 5 RATE RULES

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

5.A.2. Acceptance of Booking

5.A.3. Containerized Cargo

5.A.4. Breakbulk

5.A.5. Flatbed and Double Drop Service

5.A.6. Mileage Rates

5.A.7. Refrigerated Cargo Linehaul Rates

5.A.8. Accessorial Services

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

5.B.2. Over Dimensional Cargo

SECTION 6 ADMINISTRATIVE

6.A. Use of English Language 6.B. Customer Service Assistance 6.C. Electronic Systems Access

6.C.1. ETA TEAMS

6.D. Regulatory Compliance 6.E. On-Site Office Space 6.F. Quality Control, Reporting, and Records 6.F.1. Quality Control

6.F.2. Quality Council Meetings

6.F.3. Performance Reporting

6.F.4. Retention of Records

6.G. Contractor Transition

List of Appendixes

I – NAVAL STATION GUANTANAMO BAY (NSGB) TRANSPORTATION REQUIREMENT

II – CITY GROUPS

III – ABBREVIATIONS/ACRONYMS AND DEFINITIONS

IV – REPORTS AND FORMATS

V – HAZARDOUS CARGO LIST

VI – NAVSTA GUANTANAMO BAY CUBA DIAGRAM

VII – INVOICING AND PAYMENTS

VIII – BUNKER ADJUSTMENT FACTOR (BAF)

IX – YUBIKEY SAMPLE MEMO

SECTION 1 BACKGROUND

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

SDDC is responsible for surface transportation (with the exception of ocean charters) and is the interface between Department of Defense (DoD) shippers and the commercial surface transportation industry. This includes movement of DoD member household goods and privately owned vehicles. SDDC also provides transportation for troops and material to and from ports of departure and arrival.

SECTION 2 SCOPE

2.A. Scope

2.A.1. Overview

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

2.A.2. Cargo Types

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

SECTION 3 GENERAL REQUIREMENTS

3.A. Space Commitment

The minimum space available to the Government for each southbound sailing shall be seventy (70) Forty Foot Equivalent Units (FEUs), including twenty (20) refrigerated containers, and 2000 square feet of breakbulk cargo.

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

3.B. Shipment Booking

3.B.1. Services to Provide

The Contractor shall provide the services as identified in the booking.

3.B.2. Booking Acceptance

3.B.2.1. Issuance of a booking number by the Contractor through Electronic Data Interchange (EDI), Integrated Booking System (IBS), Ocean Carrier Interface (OCI), email, or facsimile communication to the US Government constitutes acceptance of booking.

3.B.2.2. The Ordering Officer (OO) and Contractor may subsequently agree to amendments/changes up to 24 hours prior to local cutoff. Any requests to change bookings less than 24 hours prior to cutoff are at the discretion of the Contractor.

3.B.2.3. The Contractor shall accept bookings, up to a vessel’s space commitment in accordance with paragraph 3.A, if the booking is received no less than 5 business days prior to a local cutoff. Empty US Government-owned, empty leased containers or other empty special equipment shall be booked on a space-available basis. Empty containers shall be offered to the Contractor, who shall propose space for them on the first sailing for which space is available.

3.B.3. Response to Booking Requests

The Contractor shall accept, reject, counter, or request additional time for planning purposes on the same business day to a booking received prior to 1430 local time. For a booking received after 1430 local time, the Contractor shall accept, reject, counter, or request additional time for planning purposes by 1200 local time at the cognizant booking office of the next working day.

3.B.4. Hazardous Cargo

For hazardous cargo, Contractor shall respond to cargo offerings within 2 business days after shipper has provided relevant hazardous information to Contractor for determination of acceptance/rejection of cargo offering.

3.B.5. Automated Booking

3.B.5.1. The Contractor may implement an automated booking capability via EDI with IBS or use the IBS module OCI. EDI transaction sets shall comply with standards identified in this contract. The Contractor shall respond to all cargo offerings, including changes to previous offerings, within two hours of the time the cargo offering is released by IBS. Automated booking capability shall be maintained 24 hours per day, 7 days per week, throughout the period of the contract.

3.B.5.2. If the Contractor has the ability to automatically process bookings, the Contractor shall have 1 business day to counteroffer any booking processed automatically. For hazardous cargo, the Contractor shall counteroffer any booking processed automatically within 2 business days after shipper has provided relevant hazardous information.

3.B.6. Schedule Maintenance

3.B.6.1. Southbound

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

Sailings shall be on a fixed-day-of-the-week basis, on a fixed day selected by the Contractor in coordination with NSGB Port Operations.

Cargo Receipt Time

3.B.6.1.2.1. The Contractor must receive non-perishable cargo until 1200 at the Jacksonville/Blount Island facility two business days prior to vessel sailing. The Contractor must receive perishable cargo until 1200 one business day prior to vessel sailing. Any material received after this period will be rolled to the next available vessel sailing.

3.B.6.1.2.2. The Contractor will not receive refrigerated cargo more than 7 calendar days in advance of vessel sail date.

Arrivals and departures at NSGB may not be on weekends, holidays or outside normal business hours.

Business hours are contained in Appendix I.

3.B.6.2. Northbound

The Contractor shall maintain a scheduled service northbound NSGB to Jacksonville/Blount Island.

Frequency of such service must be, at a minimum, every 14 calendar days. Sailings shall be on a fixed-day-of-the-week basis, on a fixed day selected by Contractor in coordination with NSGB Port Operations.

3.B.6.3. The Contractor shall provide and continually maintain vessel schedules in the IBS at least 45 calendar days in advance of the vessel sail date. Any change to the vessel schedule must be updated in IBS and reported to the OO no less than 7 calendar days prior to the next scheduled port call. Any slippage in scheduled sailing date/arrival date by more than 1 calendar day shall be reported in writing to the OO and Contracting Officer Representative (COR) and updated by the Contractor in IBS.

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

3.B.6.4. Vessel Substitution

The vessel and associated equipment assigned to this requirement shall perform the function for which it is designed, built, and contracted for, including the ability to deploy without delays. For any period when the vessel is unavailable or not in an operable condition and will cause schedule delays in excess of two calendar days, the Contractor must notify the Contracting Officer (CO) immediately via email to determine if a substitute vessel is necessary. If necessary, the substitute vessel must meet or exceed the capability, capacity, and status stated in this PWS. The Government will not pay claims or equitable adjustments in the event of vessel substitutions.

3.C. Origin Services

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

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

3.C.2. Spot Date

3.C.2.1. At least 2 business day prior to the spot date annotated in the booking, the Contractor shall notify the cognizant OO and shipper of any containers, which cannot be spotted to meet booking requirements.

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

3.D. Port Operations

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

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

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

NSGB.

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

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

In the event of inclement weather or other emergency, the Contractor shall have a destructive weather plan for evacuating all containers and the securing of all vehicles/breakbulk items from the wharf or pier where the Contractor’s vessel is berthed when instructed by the base. The base uses Conditions of Readiness for its response to destructive weather. Contractor will be required to follow base instructions during the different levels of Readiness to include the departure of the vessel. The Contractor shall notify the COR and CO via e-mail of the base’s instructions within 24 hours.

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

3.E. Ocean Transportation

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

3.E.1.1. For door-origin cargo, the Contractor shall pick-up cargo/stuffed containers to meet the booked vessel when the US Government makes pick-up notification. The Contractor shall coordinate pick up dates/times directly with shipper.

3.E.1.2. The Contractor shall lift cargo onto the vessel identified in the booking or advance cargo to an earlier arriving vessel. Cargo advanced to an earlier arriving vessel shall not displace no-shows and rollovers from previous voyages or cargo already booked. Cargo may be advanced only if the Contractor has received all required documentation. The Contractor will notify the shipper, COR, and OO when cargo is advanced. Advancement of cargo shall not create a liability to the Government, if no liability would exist if cargo had not been advanced.

3.E.1.3. Contractor shall submit an entry and supporting documentation into the Booking Reconciliation Tool (BRT) identifying all cargo that, for any reason, was not lifted onto the vessel identified in the booking – whether advanced to an earlier vessel, delayed to a later vessel (roll, shutout, Force Majeure, etc.), different number of pieces/containers, or any other discrepancy between the booking and the cargo actually lifted.

3.E.2. Improper Documentation

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

3.F. Destination Services

3.F.1. Delivery to Destination

The Contractor shall deliver cargo on or before the Required Delivery Date (RDD) established in the booking.

3.F.2. Early Deliveries

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

3.F.3. Cargo Receipt

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

3.F.4. Shipper Failure to Return Container

If the shipper fails to return containers in a timely manner, the Contractor may submit an invoice for detention as established below and also within Section 3 of Appendix VII, Invoicing and Payments.

3.F.4.1. The Contractor shall provide 10 calendar days free time commencing at 0001 hours on the first calendar day after delivery.

3.F.4.2. Daily detention charges will accrue from the expiration of free time until 2359 hours on the day the earliest one of the following occurs:

1. The date the Contractor regains physical possession of the container.

2. The date the Contractor is notified in writing or via the Government designated system that the container is available for pick up at the Contractor’s point of delivery or other mutually agreed location, and the container is actually available when the Contractor arrives for pick up.

3.F.4.3. All notifications on containers being empty and ready for pickup will be documented in the Pipeline Asset Tool Container Return Management (CRM) module. Contractor personnel will ensure necessary access to CRM. As described in table 3.I.1.6., the RA EDI transaction will be auto-generated based on the date of notification, if the Contractor does not dispute availability within seven (7) days of notification.

3.F.4.4. Calculation of Detention-Related Charges

3.F.4.4.1. Detention charges will begin to accrue upon the expiration of free time. The Government will pay the carrier the daily detention charges as set forth below.

Equipment Type Daily Detention 20 ft Dry $ 28.00 20 ft Flatrack $ 28.00 20 ft Reefer $ 88.00 20 ft Reefer with genset $ 132.00 40 ft Dry $ 44.00 40 ft Flatrack $ 44.00 40 ft Open Top $ 44.00 40 ft Reefer $ 115.00 40 ft Reefer with genset $ 159.00 20 ft Chassis $ 12.00 40 ft Chassis $ 20.00

3.F.4.4.2. The Government will pay the Contractor the above daily standard container detention charges if the return of containers is beyond applicable free time. Detention charges will continue to accrue until one of the conditions outlined in 3.F.4.2. occur.

3.F.4.4.3. Separate chassis detention is payable when used with a government furnished container but not when used with a carrier furnished container.

3.F.4.4.4. If the Government retains the genset after returning the reefer container to the Contractor, the Contractor will be entitled to a genset rental charge of $35 per day from the date the reefer container was returned until the date the Government returns the associated genset to the Contractor.

3.F.4.5. The Contractor shall notify the COR and CO of containers, flatracks, and/or chassis detained for 20 calendar days so the COR and/or CO can engage with the customer for prompt return.

3.G. Privately Owned Vehicles (POV) Requirements

3.G.1. POV Processing

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

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

The Contractor shall document the receipt of POVs from owner or owner's agent, process vehicles for ocean transit, and process POVs for delivery to the owner when ordered by the OO. The Contractor shall receive/issue POVs from/to service members at the Contractor's Jacksonville/Blount Island terminal. The Jacksonville/Blount Island terminal shall process POVs, to include customs clearance (NO MORE THAN 3 VEHICLES PER CUSTOMS DECLARATION), during the period Monday through Friday from 0800 until 1700.

An inspection of the POV, similar to that which is customarily provided by a common carrier in commercial service, including usual documentation, will be accomplished with the service member or his/her representative upon receipt and issue. At the time of pickup, the POV shall be returned in the same condition of cleanliness as received and noted on the receive/discharge inspection report, to include washing as required. In Jacksonville/Blount Island, the Contractor shall provide storage of POVs in a secure (closed to the public), lighted, fenced, and paved area pending pick-up by the owner/owner's agent for up to 30 business days. If storage is required beyond thirty (30) business days in the Contractor's Jacksonville/Blount Island facility, storage charges will be paid in accordance with Paragraph 3.J.14.

3.G.1.2. Guantanamo Bay, POV Processing

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

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

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

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

POV.

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

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

3.G.2.2. Inconvenience Claim. An inconvenience claim is a claim for compensation paid directly to the member for Contractor’s failure to meet the RDD. Contractor reimbursement for members and their dependents for rental car expenses when a POV is delivered after the required delivery date are entitled and shall be paid directly to the member. This entitlement applies to military and DOD civilian employees traveling on official government travel orders. This entitlement does not apply to Contractors. In accordance with JTR Part E, Item 0534, Government reimbursement to members under this entitlement will not exceed seven days at $30 per day (maximum entitlement $210) and will expire on the date the vehicle becomes available for pick up at destination. Examples of inconvenience claims are as follows but not limited to: requests for reimbursement of rental car expenses; requests for reimbursement of temporary lodging expenses. In the event of an inconvenience caused through the fault or negligence of the Contractor (e.g., POV does not arrive as scheduled), the Contractor will review and consider each claim on a case-by-case basis and, based on the circumstances, pay, decline, or make a firm settlement offer in writing to the claimant within 45 calendar days.

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

3.G.3. POV Security

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

3.H. General

3.H.1. Hazardous Cargo

3.H.1.1. Limitations of Contractor’s Obligation

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

The Contractor may refuse to transport hazardous cargo either by land or by ocean, which does not conform in all respects to applicable laws and regulations.

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

3.H.1.2. Hazardous Cargo known as Dangerous Goods in Limited Quantities. Merchandise classified as Dangerous Goods in Limited Quantities, as defined in Volume I, The International Maritime Dangerous Goods Code (IMDGC) with amendments 25-89, as specified in par. 18.6-18.9, p. 135 and containerized for shipment under this contract will not require additional special labeling, documentation or other restrictions unless specified in future amendments to the IMDGC. Cargo moving under this commodity category shall not be entitled to a hazardous cargo surcharge. This cargo may include but is not limited to the following items: ORM-D cargo (70DZ9), charcoal, cigarette lighters, cleaning compounds, cosmetics, disinfectants, hypochlorite solution (bleach), insecticides, and polishing compounds.

3.H.1.3. Hazardous Waste Material. When transporting hazardous waste material, the Contractor must obtain an Environmental Protection Agency Identification Number (40 C.F.R.263.11) when required. Contractor should accept only those hazardous wastes that have been manifested in accordance with 40 C.F.R. 262.20. The manifest shall stay with the shipment to its destination. 40 C.F.R 263.20 (c). The Contractor must deliver the waste to the designated Treatment Storage and Disposal facility on the manifest or to its designated alternate facility in case of an emergency. 40 C.F.R. 263.21(a) and (b).

3.H.1.4. Tank Container Service. HAZMAT will be containerized in Government Bulk Fuel Tank Containers.

The Contractor must comply with all applicable US and foreign laws and/or regulations established for transportation of such cargo including but not limited to 49 C.F.R. 171 and the International Maritime Organization (IMO) regulations. If the Contractor fails to meet any obligations imposed by these regulations, then any liability resulting from the Contractor’s non-compliance with these regulations will be solely the Contractor’s responsibility.

3.H.1.5. Spill Reporting – In the event of an accidental discharge of hazardous material, the Contractor is required to take immediate action to protect human health and the environment as defined in 49 C.F.R. 171.15. Incidents must be reported as soon as practical but no later than 12 hours after the incident via telephone to the National Response Center, 800–424–8802 or 202–267–2675. See 33 C.F.R. 153.203, 40 C.F.R. 263.31. State and local laws may require additional notifications. The Contractor is liable for spills and discharges of cargo while being transported and is responsible for the cleanup. 40 C.F.R. 263.30 and 31.

The Contractor shall identify the organization(s) and their equipment to be utilized for cleanups. The organization(s) must be able and qualified to perform cleanups and shall also guarantee mobilization within 24 hours.

3.H.1.6. Storage – The Contractor may store material en route up to 10 calendar days at each transfer facility as defined by 40 C.F.R. 260.10, 263.12 and 268.50 (a) (3) without becoming a treatment, storage, and disposal (TSD) facility. If storage exceeds the 10 calendar days at any transfer facility, then the Contractor must issue a new manifest and sign and return to the initial shipper its original manifest. Contractors transporting hazardous waste material into the United States from abroad or who mix hazardous wastes of different Department of Transportation (DOT) shipping descriptions into the same container must also meet the standards applicable to hazardous wastes shippers.

3.H.1.7. HAZMAT under this contract, may include, but is not limited to, the following items listed: batteries (wet filled with acid), engine starting fluid, flammable liquid (toxic, n.o.s.), gases (liquefied), hypochlorite solution (bleach), lighters, oxygen (compressed), petroleum distillates n.o.s., petroleum, and windshield washer solvent.

3.H.1.8. Provide Hazardous Waste Containers. The Contractor shall provide empty containers with applicable placards at NSGB for hazardous waste material required to be shipped to CONUS. The Contractor shall be responsible for placing the appropriate placards on these containers. Hazardous material may consist of, but is not limited to, antifreeze, contaminated soil, asbestos, corrosive liquid and solids, poly-chlorinated biphenyls (PCBs), regulated and non-regulated flammables, and oils and lubricants.

3.H.1.9. The Contractor shall accept for ocean carriage all commodities listed in Appendix V when the commodity is packaged, labeled, and documented in compliance with applicable laws and regulations.

3.H.1.10. When cargo handling is ordered by the OO for a shipment with hazardous material, the Contractor is responsible for all HAZMAT certification and documentation in accordance with applicable laws and regulations for the shipment.

3.H.2. Equipment

3.H.2.1. Container Standards. Contractors shall provide containers with clearly marked container numbers that are clean, dry, empty, odor free, suitable for protecting cargo from damage and that comply with International Standards Organization (ISO), International Maritime Organization (IMO), and Convention of Safe Containers (CSC) standards.

3.H.2.2. Refrigerated (REEFER) Equipment

The Contractor shall provide refrigerated containers to the consignor in accordance with the booking to include pre-cooling when requested by the OO. If there is a difference in the temperature requested in the booking and the temperature requested by the consignor, the Contractor shall maintain the temperature requested by the consignor and immediately request guidance from the booking Requester.

The Contractor shall supply reefer containers that maintain a temperature within three degrees Fahrenheit of the in-transit temperature specified for controlled atmosphere and straight chill and five degrees Fahrenheit for frozen.

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

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

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

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

The Contractor shall provide continuous measurement of internal temperature using a single-use analogue recorder or digital recorder capable of continuous recording from availability date for a minimum period of 90 calendar days. Contractor shall provide measurement data upon request from the US Government.

The Contractor will be liable for total amount of cargo loss, spoilage, and transportation should cargo spoil due to refrigerated container breakdown while in Contractor’s possession. For cargo deemed urgent by US

Government requiring immediate replacement, Contractor is liable for air shipment of replacement cargo to consignee.

3.H.2.3. Chassis Requirements

Containers delivered to the US Government or spotted by the Contractor must be provided at no additional cost on a Contractor-provided chassis that supports stuffing/unstuffing operations by the US Government. The chassis must remain with the container while in the custody of the US Government, unless this requirement is waived by OO.

3.H.2.4. US Government Furnished Containers (GFC)

GFCs include 20 ft and 40 ft ISO containers which are 8 ft - 9.5 ft high and 8 ft wide to include: dry containers, reefer containers, and flatracks, as well as containers configured to 20 ft equivalents. GFCs may be government-owned or leased containers.

Booking offers will designate whether containers will be GFCs or Contractor-provided. The Contractor shall provide the same level of service to the carriage of cargo in GFC that is provided to the carriage of cargo in the Contractor’s container at no additional cost.

The Contractor shall provide a chassis for GFC shipments whenever the Contractor is responsible for the associated inland transportation, 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.

The Contractor shall not be entitled to detention for GFC. The Contractor shall return GFC in the same condition as received and shall be liable for loss or damage to the GFC resulting from the Contractor’s negligence.

When the Contractor provides any Accessorial services in connection with services provided to Government owned/leased containers, the appropriate Contractor rates contained in CARE SA shall apply.

Contractor has the right to refuse a GFC for shipment (unless booked as breakbulk) if it is not properly numbered (neutralized) or does not comply with ISO, IMO, and CSC Standards.

3.H.2.5. Flatrack Containers. The Contractor shall furnish flatrack containers as specified in the booking.

Contractor shall be paid an additional flatrack surcharge in accordance with the rates in CARE SA.

3.H.2.6. Bulk Liquid Containers

The Government may furnish 20’ tank containers for shipment of bulk liquids by the Contractor.

When a Government furnished tank container is not provided, the Contractor shall provide an acceptable, clean, and empty tank container to the shipper and transport to destination. The consignee shall empty the container of liquid but not necessarily of residue and return it to the Contractor.

3.H.2.7. Leasing of Contractor Equipment

When agreed upon by the CO and the Contractor, the Contractor shall furnish containers, flatracks, chassis, or generator sets, for lease in connection with land and ocean transportation of Government cargo arranged under this contract or in support of sustainment operations. Equipment leased may be transported aboard any vessel designated by the government and may be transported inland by any means available to the Government. Unless otherwise agreed, the Government shall return Contractor equipment leased by the Government to the place where such equipment was originally received from the Contractor. A booking shall be issued to reflect each lease of equipment.

The booking shall set forth the number, size, and appropriate identification information of such Contractor equipment, the estimated duration of lease, and place of return. The Contractor shall be paid for each twenty-four hour period or part thereof, Saturdays, Sundays, and holidays included, for the period between the time the equipment is received or ordered from the Contractor, whichever is later, until the time the equipment is returned to the Contractor. The Contractor will be paid the rates as indicated in the CARE SA.

3.I. Electronic Commerce / Electronic Data Interchange (EDI)

3.I.1.1. The Contractor shall use EDI or IBS OCI module (or successor system) as the primary means for interfacing with SDDC for all bookings.

3.I.1.2. The Contractor shall use the Defense Transportation Electronic Data Interchange (DTEDI) approved Implementation Convention for the ANSI X 12 300, 301, 303, 304, and 315 transaction sets in compliance with their approved concepts of operations. Versions 3060, 4010 or later are required. The Contractor shall implement changes to business processes contained in revisions to Transaction Set Implementation Conventions and their controlling concepts of operations as may be approved by the Defense Transportation Electronic Board (DTEB). These changes shall be implemented in accordance with schedules approved by the DTEB.

3.I.1.3. The Contractor shall receive or transmit, as appropriate, the following transactions sets:

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

Contractor ordering confirmation data, 301 (Confirmation of order, Contractor to OO)

Cancellation data from OO, 303 (OO Cancellation)

Shipping Instructions, 304

Contractor shipment status reporting data, 315

3.I.1.4. For EDI 315 transactions, Contractors can access the PAT EDI Generator application to identify and submit EDI 315 transactions (W, I, AE, VD, VA, UV, OA, X1, EC, and RD). This capability replaces the IBS OCI Module previously used for this purpose and is not limited to the Contractors using the OCI module for cargo bookings. In addition, the EDI Generator will provide the Contractor the ability to invalidate erroneously submitted EDI transactions.

3.I.1.5. Shipment Status Reporting. The Contractor shall provide accurate shipment status reports using the 315 transaction sets. Transactions shall be submitted in ANSI X-12 EDI standard or OCI to SDDC. Table 3.I.1.6 identifies specific events that require reporting. The Contractor shall submit all reports within 24 hours of accomplishment.

Table 3.I.1.6 Reportable Shipment Status Events

CODE DEFINITION NOTES

EE Empty spotted The transaction is required for all carrier owned containers spotted at locations other than container pool locations. Pick up of Loaded Container in lieu of Empty Spotted is acceptable for shippers having container pools.

(NOT REQUIRED FOR BREAKBULK)

W Pickup of Loaded Container/Breakbulk

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

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

I In-gate at Port of

Embarkation (POE)

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

AE Loaded on Vessel This transaction is required at the POE and required at all transshipment ports.

VD Vessel departure This transaction is required at POE and required at all transshipment ports.

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

UV Vessel discharge This transaction is required at the POD and required at all transshipment ports.

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

RA Carrier Notified Empty Container Available for Pick- up

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

(NOT REQUIRED FOR BREAKBULK)

X1 Delivery to consignee This transaction is required when shipment is delivered to customer, or possession is turned over to the US Government. This transaction is only applicable upon actual physical delivery. There shall be exactly one X1 transaction per shipment. If erroneous X1 transactions are submitted, Contractor shall invalidate them via the PAT EDI invalidator tool to ensure only one valid transaction is reflected per shipment.

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

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

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

(NOT REQUIRED FOR BREAKBULK)

RD Return of Empty Container to Contractor After Delivery (X1)

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

(NOT REQUIRED FOR BREAKBULK)

SD Authorized Shipment Delay (Not Government-caused)

This transaction will be auto-generated upon US Government approval of a Contractor requested delay submitted via Delay Request and Authorization Portal (D-RAP). This transaction will be triggered for delays which are not caused by either the US Government or Host Government.

BD End of Authorized Shipment Delay (Not Government-caused)

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

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

HG Entry in US Government-directed Staging

This transaction will be auto-generated based on the date input to the PAT D-RAP after receiving and executing U. Government direction to stage a shipment to include port staging or constructive staging.

HR Release from US Government-directed Staging

This transaction will be auto-generated based on the date recorded in the D-RAP after receiving US Government direction to end staging of a shipment, to include staging at ports or constructive staging.

A1 Authorized Shipment Delay (Government – Caused)

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

A2 End of Authorized Shipment Delay (Government- caused)

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

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

3.I.2. Additional Guidance on Specific Transactions

3.I.2.1. Additional Rules for HG/HR Transactions

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

HG. Following receipt of a written US Government staging request to stage cargo, the Contractor will submit a request in D-RAP to begin staging with supporting documentation for OO approval. The Contractor will not execute movement of the shipment to a constructive staging location prior to receiving OO written or D-RAP approval. When the OO has approved the staging request in writing, the Contractor will submit the D-RAP request within 2 days of entry into the staging area with supporting documentation. The OO will review the request for accuracy and either approve, approve with a modified date, or reject it. If approved, the HG transaction will be auto-generated and distributed with the date approved in the request.

HR. Following receipt of a written Government staging release order to move cargo from staging location, the Contractor will execute movement of the shipment from the staging location. Within 2 days of cargo departure from the staging location, the Contractor will submit a request in D-RAP to end staging with supporting documentation. If an onward movement EDI is submitted by the Contractor for staged shipments prior to requesting staging release in the D-RAP, the shipments will queue for auto-closing in the D-RAP. The cognizant OO will review the request and either approve, approve with a modified date or reject it. The HR event date will be the cognizant OO’s staging release date identified in the staging release order or the date of departure inputted into the D-RAP indicating actual departure from the staging location whichever is the earliest date. If staging release is not directed by the cognizant SDDC OO within 96 hours of the queuing of the shipment record for auto closing, an HR transaction ending the staging will be auto triggered.

Cargo must commence dispatch from staging within required timelines outlined in Section 3 of the PWS upon receipt of written US Government request. For large volumes of cargo, Contractor will be responsible for managing dispatch in the most expeditious manner. Contractor will provide dispatch timelines to cognizant SDDC unit and COR until cargo has dispatched from staging area.

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

3.I.2.2. Additional Rules for SD/BD/A1/A2 Transactions

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

SD and A1. The Contractor shall submit a request for an authorized delay to the cognizant SDDC COR via the D-RAP within 10 business days of the event causing the delay. The SDDC COR has 10 business days to respond to the request from the Contractor via the D-RAP.

Following US Government authorization of a Contractor’s request for delay via the D-RAP, the SD or A1 transaction will be auto-generated and distributed. If an authorization is not processed by the cognizant SDDC COR in the D-RAP within 10 business days, the SD or A1 transaction will be auto-generated and distributed. The Contractor must submit supporting documentation with the delay request submitted via the D-RAP. The COR may deny the delay authorization if supporting documentation with adequate justification is not provided.

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

For authorized SD/BD transaction pairs generated via the D-RAP, it will not recommit the Contractor to a new delivery date. The Contractor must submit required documentation via the Carrier Performance Portal (CPP) to request exclusion from scorecard or on time delivery.

For authorized A1/A2 transaction pairs generated via the D-RAP, it will not recommit the Contractor to a new delivery date.