RFP Attachment 1 PWS.pdf

Attachment 1 Performance Work Statement

HTC71123RW002

21 December 2023

PERFORMANCE WORK STATEMENT FOR

UNITED STATES TRANSPORTATION COMMAND

DIRECTORATE OF ACQUISITION, SPECIALIZED

TRANSPORTATION DIVISION

MILITARY SURFACE DEPLOYMENT & DISTRIBUTION COMMAND (SDDC)

DEPARTMENT OF DEFENSE (DOD)

MASTER LEASE CONTRACT II (MLC II)

Table of Contents

1.0 DESCRIPTION OF SERVICES

1.1. BACKGROUND

1.2. SCOPE

1.3. TASKS

1.3.1Task 1 – Contract Management

1.3.1.1. Lease Tracking

1.3.1.3. Quality Control

1.3.1.4. Required Reports

1.3.1.5. Price Proposals—Option Years

1.3.2. Task 2 – Leasing Operations

1.3.2.1. Equipment Rejections

1.3.2.2. Quotes

1.3.2.3. One Time Only (OTO) Quotes

1.3.2.4. Contractor Selection

1.3.2.5 Delivery

1.3.2.6. Expedited Delivery Surcharge

1.3.2.7. Long-Lead Delivery Discount

1.3.2.8. Equipment Inspection

1.3.2.9. FOB Destination versus FOB Origin Inspection

1.3.2.10. Refrigerated Container Inspection

1.3.2.11. Intermodal Chassis Inspection

1.3.2.12. Mandatory Tank Container Inspection

1.3.2.13. Redelivery

1.3.2.14. Order Consolidation

1.3.2.15. Reconcile Damages

1.3.2.16. Equipment Reimbursement

1.3.2.17. Mobile Repair

1.3.2.18. Minor Repair

1.3.2.19. Other Direct Costs (ODCs)

1.3.2.20. Tank Container Cleaning and Certification upon Redelivery

1.3.2.21. Equipment Pools

1.3.3. Task 3 (Systems Information)

1.3.3.1. DODI 8520.02 and DODI 8520.03

1.3.3.2. Trusted Agent

1.3.3.3. Documentation

1.3.3.4. Identification

1.3.3.5. Employee Background

1.3.3.6. Deliverables

1.4. Inspection

1.5. Final Acceptance

1.6. Invoicing

2.0 SERVICE DELIVERY SUMMARY

2.1. Past Performance Scoring

3.0 GOVERNMENT-FURNISHED PROPERTY AND SERVICES

3.1 Government-Furnished Property. N/A

3.2 Government-Furnished Information. N/A

3.3 References

3.4 Joint Container Management System

3.5 Wide Area Work Flow

4.0 GENERAL INFORMATION

4.1 Place of Performance

4.2. Work Hours

4.3. Emergency Contingency Clause

4.4. Declaration of Exigency Area

4.5. Cooperation with Other Contractors

4.6. Quality Control

4.7. Quality Assurance

4.8. Safety Control

5.0 SECURITY (CYBER, PHYSICAL, PERSONNEL, INFORMATION, OPERATION,

INDUSTRIAL, AND ANTITERRORISM / FORCE PROTECTION) REQUIREMENTS

5.1. General Security and Systems Information

5.2. Security Compliance / Deviations

5.3. Security Regulation Compliance

5.4. Security Regulation Guidance

6.0 CYBERSECURITY

6.1. Operationally Critical Support

6.2. Cybersecurity Incident Reporting

6.3. Cybersecurity Incident Reporting Timelines

6.4. Mandatory Reporting Data

6.5. Incident Reporting Coordination

6.6. Confidentiality and Non-Attribution Statement

7.0 SUBCONTRACTOR SUITABILITY

8.0 CONTRACT TRANSITION

APPENDIX A: DEFINITIONS, ABBREVIATIONS AND ACRONYMS PART 1: DEFINITIONS

APPENDIX B: DEFINITIONS, ABBREVIATIONS AND ACRONYMS

APPENDIX C: REPORT DATA REQUIREMENTS

1.0. ADMINISTRATIVE REPORTS

2.0. Delivery and Re-delivery Data

3.0 Recurring Report Requirements

4.0. Container Delivery List

5.0. Vendor’s Driver Departs Depot (optional)

6.0. Vendor Delivery of Equipment

7.0. Vendor Redelivery of Equipment

8.0. Accounts Receivable Report

9.0. Invoicing Procedures for Services Ordered

APPENDIX D: MLC II ZONES

APPENDIX E: DEPRECIATION SCHEDULE

PERFORMANCE WORK STATEMENT (PWS)

1.0 DESCRIPTION OF SERVICES.

1.1. Background.

As a component of the United States Transportation Command (USTRANSCOM), the Military Surface Deployment & Distribution Command (SDDC) has a requirement for intermodal equipment leasing and transportation services, and related container support functions, to include interfacing with Government systems, to meet the Government missions and exercises on a global basis.

1.2. Scope.

The contractor shall be responsible for intermodal equipment-leasing services during peacetime, contingency, disaster, and humanitarian operations on a worldwide basis.

1.3. Tasks.

The contractor shall perform all tasks identified in this PWS.

1.3.1 Task 1 – Contract Management.

The contractor shall designate an individual and an alternate point of contact from the contractor’s resources to be the focal points for all communications. The designated focal point(s) shall be responsible for ensuring successful accomplishment of all PWS tasks. Point of contact (POC) information includes name, title, phone number, and email address. Advance written notification is required prior to any change or substitution. Contract Management duties shall include, but are not limited to, planning, scheduling, awarding, and monitoring subcontracts, cost estimating preparation and documentation, establishing, and maintaining records, quality control, contract administration, logistical support, responding to inquiries, answering questions, drafting written responses, and attending video teleconference meetings. The designated POC shall maintain access to the Joint Container Management (JCM) system and the Global Freight Management (GFM) system in TEAMS at https://eta-teams.transport.mil/teams/login.

Deliverable: POC Information.

1.3.1.1. Lease Tracking.

The contractor shall track all task orders and task order modifications including, at a minimum, the task order number, equipment number(s), the period of performance, the current obligated funding of each task order, and the total obligated and expensed funding of all task orders combined. Contractor must access JCM and/or web service to input all aforementioned lease information.

Deliverable: Lease Tracking Report.

1.3.1.2. Quality Control.

The contractor shall establish and maintain a Quality Control Plan (QCP). The QCP shall cover as a minimum how the contractor intends to meet the requirements of all performance objectives, monitor, and proactively manage contract requirements, and the means by which the Government will be notified of performance related incidents that are likely to affect quality of service.

Deliverable: QCP.

1.3.1.3. Required Reports.

Contractor shall provide an over aged invoice report on a monthly basis. This report shall consist of any unpaid invoice over 31 calendar days old and shall include the invoice date, invoice number, task order number, original amount billed, and the remaining unpaid invoice balance. Contractor shall provide an invoice clearly marked as the “final invoice” within 2 months of all equipment being returned. This “final invoice” shall represent the last charges incurred for a specific task order. No future invoices will be accepted after the “final invoice”. Along with the final invoice, contractor shall provide a payment history for a specific task order. The payment history shall list all invoices and amounts paid for each invoice. Contractor shall provide the payment history upon request.

Deliverables: Over aged Invoice Report, Final Invoice, Payment History.

1.3.1.4. Price Proposals—Option Years.

Contractor may provide updated pricing for each option year, should it be exercised. The Government will solicit new pricing 60 calendar days prior to base or option year expiration. Contractor will then have 15 calendar days to provide updated pricing. All prices must be found fair and reasonable to be awarded under the base or any option year.

Deliverable: Updated Pricing.

1.3.2. Task 2 – Leasing Operations.

Contractor shall provide the intermodal equipment and International Organization for Standardization (ISO) container types listed in the below chart.

20Ft 40Ft 40Ft HC Other

Dry x x x

Ammo Grade x

Food Grade Tank x x

Fuel Grade Tank x x

Refrigerated x x

Open Top x x

Flat Rack x x

Chassis x x

Drop frame tank chassis x

Generator sets x

Generator repair kits x

Contractor shall accept requests to lease equipment from appointed Ordering Officers (OO). The contractor shall provide ISO standard equipment compliant with Title 49 of the Code of Federal Regulation (CFR 49) and Military Standard (MIL-STD) 3037. Containers shall be International Convention for Safe Containers (CSC) approved. When delivered, equipment shall have at least one year remaining on its certification. Intermodal chassis leased and delivered under this contract shall meet the current Federal Motor Carrier Safety Administration (FMCSA) inspection standards. The contractor shall not be reimbursed for costs associated with delivery or redelivery of non-compliant equipment.

1.3.2.1. Equipment Rejections.

Assets delivered by the contractor are required to be compliant upon inspection. In the event that equipment is rejected, the receiving activity is responsible for entering the rejection event and corresponding information into JCM. The vendor will replace or repair 100% of rejected containers within two (2) business days of notification and 100% of containers will pass Government inspection within two (2) business days of the delivery of a replacement or repaired equipment.

1.3.2.2. Quotes.

In response to lease requests, JCM will generate a quote in which is automatically calculated based on approved rates.

1.3.2.3. One Time Only (OTO) Quotes.

Contractor shall respond to OTO requests within 5 (five) business days unless otherwise specified by the Ordering Officer in the OTO request. Quotes shall include a unique lease requirement number, cost for lease per diem, delivery, other direct costs, estimated damages at redelivery, redelivery, and lease extension options. OTO Quotes are based on the current, approved rates and shall be valid for 30 calendar days from the date made available to OO.

At the Government’s discretion, rates awarded under OTOs may be utilized to award subsequent TOs within the 30 calendar days for which rates are still valid.

Deliverable: OTO Quote.

1.3.2.4. Contractor Selection.

The system will alert the contractor who will have the opportunity to accept or reject the requirement or make a counteroffer. The contractor has one (1) working day to respond to CONUS offers and two (2) working days to respond to OCONUS offers. The Government and any counteroffering contractor shall agree to terms prior to a task order being issued. The Government reserves the right to accept or reject late offers.

1.3.2.5 Delivery.

The contractor shall deliver leased equipment in accordance with the Required Delivery Date (RDD) specified in the task order. All deliveries must be accompanied by BOLs that shall list a minimum of the task order number, container number, and the name(s) of the driver(s). The contractor shall confirm all task order details with the OO.

The contractor shall schedule all deliveries with the consignee(s) at least two (2) business days prior to actual delivery of equipment. The contractor shall not deliver equipment on the same day as notification, unless approved by the consignee, and shall deliver all equipment within the consignee's normal business hours according to the Transportation Facilities Guide (TFG) in GFM unless the consignee agrees to other arrangements. The contractor shall monitor delivery of equipment and advise the consignee(s), OO and COR of any unforeseen delays or inability to meet the RDD and shall notify the COR of all consignee approved changes to the established RDD.” All RDD change requests must be captured within JCM. For any such requested delays by Contractor in notifying of unforeseen delays or inability to meet RDD, where the consignee does not approve of an RDD change, the contractor’s RDD performance will reflect any failure to comply. Otherwise, if the consignee concurs with a change, it will be done via the JCM “RDD Change Screen”. All RDD changes must be formally accomplished through one of two means in JCM.

1. Contractor obtains consignee approval on changes to RDD

2. Consignee/customer obtains contractor approval on changes to RDD

Contractor failure to ensure approved RDD change in JCM will result in a failure to meet RDD under contract performance factors. JCM will send email notification to contractor or consignee (as applicable) of any change requests.

Mutually agreed upon RDD change requested must be within 30 calendar days of the original RDD in the Task Order. Any requested RDD changes outside of 30 calendar days shall result in a Period of Performance (POP) modification to the existing Task Order.

The contractor shall input the list of container/equipment numbers into JCM eight (8) hours prior to delivery. The contractor shall report scheduled delivery updates no later than eight (8) hours prior to time of delivery.

Deliverable: Scheduled Delivery Notification, BOLs with details listed above, Container/Equipment number list, Delivery Update Reporting

1.3.2.6. Expedited Delivery Surcharge.

Expedited delivery shall apply when the RDD is less than five (5) working days from the date of Task Order award.

Expedited Delivery shall not apply when the contractor arranges for an early delivery to accommodate the contractor’s schedule. The expedited delivery surcharge shall be 15% of the cost of the delivery fee of the task order.

1.3.2.7. Long-Lead Delivery Discount.

Long-lead delivery shall apply when the RDD is more than 15 working days from the date of Task Order award. The long-lead delivery discount shall be 5% of the cost of the delivery fee of the task order.

1.3.2.8. Equipment Inspection.

The leased equipment will be inspected per guidance identified in this PWS.

1.3.2.9. FOB Destination versus FOB Origin Inspection.

For “FOB Destination Delivery” the standard time for which the consignee must perform initial inspection for damages will be seven (7) calendar days from the time of delivery or equipment is deemed acceptable. The same standard time of seven (7) calendar days will also be applied for a final inspection if the container is not in compliance after the initial inspection. Any damage or deficiencies at time of delivery shall be noted on a DA Form 2404 and reported to the contractor within ten (10) business days. At a point in which notification is made beyond ten (10) business days, the equipment is accepted as is and any replacement costs shall be borne by the Government.

The contractor shall arrange repair (where allowed) and replace equipment. Replacements are required within 48 hours of notification of damage or deficiency in order to avoid impact on the unit’s mission. For “FOB Origin Delivery” the consignee must perform initial inspection for damages at the Contractor’s depot prior to yard departure. Equipment is deemed acceptable upon receipt by the customer, initiating the lease.

1.3.2.10. Refrigerated Container Inspection.

The contractor shall inspect refrigerated containers prior to delivery. A pre-trip structural and operating inspection shall be done, and a copy of the inspection shall be provided to the receiving location and uploaded to JCM. The contractor shall provide a Ryan type recorder or equivalent that is capable of continuous measurement of internal temperature within three (3) degrees Fahrenheit of the in-transit temperature specified for controlled atmosphere and straight chill, and five (5) degrees Fahrenheit for frozen. The contractor shall deliver all refrigerated containers in a pre-chilled condition unless otherwise specified by the OO. Deliverable: Pre-trip Structural and Operating Inspection.

1.3.2.11. Intermodal Chassis Inspection.

The contractor shall ensure all intermodal chassis leased and delivered under this contract meet the current Federal Motor Carrier Safety Administration (FMCSA) inspection standards IAW FMCSA Regulations (and subsequent amendments). Intermodal chassis equipment leased (and delivered) under this contract shall not be older than 18 years from date of manufacture or remanufacture. Each chassis shall have a Federal Highway Administration (FHWA) inspection expiration date at least equal to the month and year of its task order expiration.

A copy of the most recent FHWA Annual Inspection Report shall be uploaded to JCM within eight hours of delivery and a copy provided in/on/with the vehicle. With multiple types of inspection forms the contractor shall use an inspection form that has data blocks which meet the requirements on Form J-6 from the FMCSA. Contractor’s drivers of the intermodal equipment shall ensure all components are in proper and safe operating condition. Failure to provide this inspection documentation shall result in the rejection of the chassis equipment. Reports that are illegible, incomplete, or incorrectly filled out shall not be accepted and constitute delivery failure, resulting in rejection of the chassis equipment.

At time of delivery to location, and to the extent that both parties are available, the truck driver and the receiving unit point of contact (POC) shall perform a joint walk-around visual inspection of the chassis equipment. The driver shall not unhook the chassis until the receiving unit has inspected the equipment. The driver shall verify all functions are in good working order, including but not limited to electrical lighting systems, air pressure and brake systems, tires properly inflated to tire manufacturer’s specifications and free of flat spots and cuts, etc.

Any damages or deficiencies that affect the roadworthiness of the equipment shall be reported to the ordering office in order to request repair (where allowed) or replacement of the chassis equipment, thus ensuring the chassis is operating at roadworthy standards. Any damage or deficiencies at time of delivery shall be noted on a DA Form 2404 and reported to the contractor within ten (10) business days.

At a point in which notification is made beyond ten (10) business days, the equipment is accepted as is. Both the driver and receiving unit POC shall sign the paperwork, and in the absence of a signed inspection report, acceptance by receiving party is assumed. The contractor shall arrange repair or replacement of chassis equipment within 48 hours of notification of damage or deficiency.

At time of redelivery, the truck driver, and the redelivery unit POC shall perform a walk-around visual inspection of the chassis equipment. Any damage or deficiencies at time of redelivery shall be noted on a DA Form 2404. Any damages noted shall be communicated to the driver so the deficiency can be reported to and repaired by the contractor upon return to the depot. Both the driver and redelivery POC shall sign the paperwork. The paperwork shall be forwarded to the ordering office as stated on the task order as evidence of the equipment condition at time of redelivery and used to validate damage claims by the contractor.

Since chassis may be delivered or redelivered with a container attached, there may be instances when a thorough visual inspection may not be possible. It is further assumed that a walk around visual inspection can identify some forms of deficiencies or existing damage, but not all damage could be visible and further subject to claims by the contractor.

Deliverables: FHWA Annual Inspection Report.

1.3.2.12. Mandatory Tank Container Inspection.

Due to federal regulations requiring mandatory tank inspections prior to delivery, contractor shall provide the due date for any and all inspections required while the tank is on lease to the Government.

1.3.2.13. Redelivery.

Contractor shall redeliver leased equipment. Redelivery may be requested at any time without penalty. For CONUS, the contractor shall pick up equipment identified for redelivery within five (5) business days following notification, or as mutually agreed, otherwise per diem charges shall cease on the next calendar day. For OCONUS, the contractor shall pick up equipment identified for redelivery within ten (10) business days following notification, or as mutually agreed, otherwise per diem charges shall cease on the next calendar day.

The contractor shall schedule all redeliveries with the consignee(s) at least two (2) business days prior to actual redelivery of equipment, unless otherwise approved by the consignee. The contractor shall pick up all equipment within the consignee's normal business hours unless the consignee agrees to other arrangements. Upon redelivery, the contractor shall provide the consignee(s) with the identification number of equipment they are picking up.

When the quantity of assets to be redelivered exceeds the installation’s maximum daily uploading capability, a redelivery window shall be established. If mutually agreed upon by the Government and the contractor, the Government may provide storage space for the contractor’s equipment within the installation at no cost to the contractor/subcontractor and no liability to the Government.

The contractor shall monitor redelivery of equipment utilizing JCM and advise the consignee of inability to meet the redelivery date(s). The contractor shall notify and provide written documentation to the OO and COR when equipment identified for redelivery cannot be picked up through no fault of the contractors. The contractor shall be compensated for attempted redelivery costs in terms associated with the redelivery via OO approval and COR notification. The contractor shall report redelivery updates no later than eight (8) hours prior to time of delivery.

Deliverable: Redelivery Update Reporting.

1.3.2.14. Order Consolidation.

The contractor shall consolidate delivery/redelivery of multiple pieces of equipment to the maximum extent practical.

Since chassis may be delivered/redelivered with a container(s) attached or multiple pieces of equipment may be stacked, there may be instances when delivery/redelivery costs are reduced through shipment consolidation. In these instances, the Government will only be responsible for the cost to deliver/redeliver the highest priced asset per conveyance.

1.3.2.15. Reconcile Damages.

The contractor shall submit via JCM and/or to web service, damage claims to include on-hire and off-hire condition documentation to the OO within 21 calendar days of equipment off-hire. The contractor shall document and compare equipment damage estimates from the lease-originating OO, whom will have final approval at time of off- hire to on-hire condition of equipment. The Government will provide approval/disapproval and any intent to conduct a third party off-hire survey within ten (10) business days of receipt of the damage claim. Contractor shall pay for, schedule, and complete third party off-hire survey within ten (10) business days or a mutually agreed upon timeframe from the time the damage claim is received.

Repairs made by the contractor which exceed the approved amount, prior to final claim settlement, shall be at the risk of the contractor. The Government will not reimburse the contractor for repair costs when there is no documentation identifying the condition of the equipment at the time of on-hire and off-hire. The Government will not be responsible for normal wear and tear, non-conforming repairs, or preventative maintenance, to include but not limited to gasket replacement on tank containers.

The Government will reimburse the contractor for damage costs that exceed $150.00, and which are sustained while in possession of and under lease to the Government. The Contracting Officer may approve other miscellaneous costs associated with repair of leased assets provided appropriate supporting documentation is supplied at the time of request.

Deliverable: Damage Claim.

1.3.2.16. Equipment Reimbursement.

Upon notification by the Government that equipment is lost, stolen, damaged beyond economical repair (dollar value of repairs exceeds depreciated value of the asset), or when impractical to return, the contractor shall provide the age of the equipment. The Government reserves the right to require evidence of such age; if age or evidence is not available, the Government will establish an age. The Government will reimburse the contractor replacement costs based on the depreciated value of the asset as established in the attachment of the solicitation and resultant contract.

The replacement cost of containers shall be depreciated based on a 12-year useful life, the age of the asset, and calculated using straight-line depreciation with a 40 percent residual value. The replacement cost of chassis shall be subject to depreciation based on an 18-year useful life, the age of the asset, and calculated using straight-line depreciation with a 10 percent residual value. The contractor shall transfer the title of the asset(s) to the Government upon payment of purchase invoice. Deliverable: Title.

1.3.2.17. Mobile Repair.

The contractor shall provide 24-hour coverage in the event of a mobile repair request for leased intermodal equipment. AIDPMO, or the customer if after normal working hours, will notify the contractor of a mobile repair requirement providing the specific location of the equipment needing repair, the POC’s contact information and a DA Form 2404 identifying the specific repair and any special requirements for the repair. Upon receipt, the contractor shall arrange for the mobile repair and provide both the POC and AIDPMO with the estimated time of arrival. Any repair bills will be invoiced to the Other Direct Charges CLIN of the specific Order associated with the equipment repaired.

1.3.2.18. Minor Repair.

The Government, at their discretion, has the option to perform minor repairs on equipment. Minor repairs include but are not limited to nail holes, gaskets, and similar equipment deficiencies and shall be completed at the Government’s expense.

1.3.2.19. Other Direct Costs (ODCs).

Prior to incurring costs, the contractor shall coordinate expenditure of ODC funds with the COR. The Government will reimburse materials and fees incurred in the performance of the PWS based on prior coordination with the COR.

ODCs may include but are not limited to: Toll charges, equipment cleaning, equipment depreciated value, layover charges, and port storage. Contractor invoices (along with associated receipts) shall support all ODC reimbursement requests. In no event shall the contractor be authorized to purchase ODCs that exceed the ODC amount funded in the contract. General and Administrative overhead charges will not be accepted or paid for approved ODC purchases.

The Contractor is responsible for tracking the status of ODC funds and notifying the COR when funds fall below 85% of the established not-to-exceed amount as identified in the contract.

1.3.2.20. Tank Container Cleaning and Certification upon Redelivery.

The contractor shall provide maintenance to include transportation, cleaning, and certification. The contractor will be compensated at a set rate of $500 per tank container cleaning and $1500 for associated transportation. Recertification of a tank container shall take no longer than 30 calendar days from the time of pick up from the customer.

1.3.2.21. Equipment Pools.

The Contractor may, with customer representative concurrence and with written notice to the COR, establish and maintain voluntary, mutually beneficial pools of equipment at customer origin locations at no cost to the Government. Expenses for operating equipment pools shall be borne by the Contractor to include establishing, managing, maintaining equipment and disestablishing pools.

The Contractor shall provide documentation to the customer representative to identify the equipment by Contractor name, owner code, and the ISO number of the equipment intended for the pool. The equipment information will be added to JCM by the Contractor prior to delivery at any agreed-upon pool location. Pool equipment will not incur per diem charges until such time as that equipment is designated as part of a specific lease, at which point it is considered on-hire and no longer part of the established pool. The Contractor shall replace the equipment in a mutually agreeable manner between the customer location (or designated representative) and the Contractor.

Delivery of equipment to a pool location will be conducted in the same manner as equipment being provided for any specific lease requirement.

1.3.3. Task 3 (Systems Information).

The contractor is required to load data into the JCM system for accurate tracking of submissions and responses.

Contractor may load data into the JCM system by logging into JCM and manually loading required information or by contacting the SDDC Global Container Management (GCM) team to be paired with SDDC G6 to setup a web service. The web service method is preferred. The web service authenticates via OAuth2 and communicates via REST. The contractor may transition to Web Service at any time during contract performance but shall allow up to three weeks to include interface setup (IP whitelisting, etc.), testing (in non-production environment), and transition to production.

The JCM system and/or web service will be utilized to capture and display information generated from the leasing operations, and container support-related requirements identified herein. The contractor shall be responsible for maintaining user access in the JCM system. The contractor shall use the JCM system or web service as the means to provide lease details as listed in Appendix B under this contract. The contractor shall be responsible for updating the information contained within the JCM system or web service as identified under this contract. The contractor is responsible for providing prompt system updates within the JCM system or web service as leasing events occur. The file size for all documentation shall not exceed 10MB for successful processing in JCM. In the event that the Government needs to update or change a system protocol or procedure within the JCM system or must change the system to any degree, the contractor shall be responsible for maintaining their ability to adjust to those changes at no additional cost to the Government.

1.3.3.1. DODI 8520.02 and DODI 8520.03

DODI 8520.02 and DODI 8520.03 shall govern contractor’s access to the systems in the ETA platform; unless or until these DOD Instructions are amended to allow otherwise the contractor “shall use certificates issued by the DoD External Certification Authority (ECA) program or a DoD-approved PKI (Yubikey), when interacting with the DoD in unclassified domains.” The contractor shall use ECA when possible and may use a DoD-approved external PKI (Yubikey) when ECA is not an option. Furthermore, the contractor shall use multi-factor authentication as required by DODI 8520.03 which requires each user to have both a U.S. Government-provided username and password as well as a non-PKI or PKI certificate/authenticator. The contractor must ensure compliance with system access standards as a requirement for doing business with the U.S. Government and shall implement an identity proofing/vetting process for JCM users in accordance with paragraphs 1.3.3.2 through 1.3.3.5, below. Any costs associated with meeting these access standards shall be borne by the contractor.

1.3.3.2. Trusted Agent.

The contractor shall assign a US-citizen company official (acting as their Trusted Agent) to identify and authenticate all employees prior to receiving Yubikey credentials for JCM access. For the Yubikey options, the company official will assert the identity proofing has taken place and provide on company letterhead, a complete list of employees authenticated and authorized to receive PKI credentials. This assertion will be made to the Contracting Officer in accordance with format cited in Attachment 10 and updated letters provided if any information requires an update, employees leave the company, access is no longer required, or credentials are lost. Additionally, if requested by the Contracting Officer, the contractor must provide a copy of all supporting the identity vetting/authentication documentation pertaining to an employee.

1.3.3.3. Documentation.

The company official must be able to recognize legitimate versions of identity documentation provided by the applicant to ensure only authorized personnel are granted JCM access.

1.3.3.4. Identification.

The applicant must present two forms of Government-issued identification, at least one of which must be a proof of citizenship, in person, to the company official acting as the Trusted Agent. The following documents are examples of acceptable documents: Official Passport, Certified Birth Certificate issued by the city, county, state, or country in accordance with local laws, Naturalization Certificate, Certificate of Citizenship, FS-240 Consular Report, or DS- 1350 Certification of Report of Birth. The authorized company official must exchange sufficient information to ensure the identity of the applicant is unambiguous and accurate.

1.3.3.5. Employee Background.

Task Deliverable Title Delivery Schedule Recipient

1.3.1 POC Information At the Post-Award Conference PCO, PM, COR

1.3.1.1 Lease Tracking Report By the 5th business day of each month OO

1.3.1.2 QCP

No later than 60 calendar days from date of contract award PCO, PM, COR

1.3.1.3 Over aged Invoice Report Monthly and upon request Requestor

1.3.1.3 Final Invoice At the end of each lease Requestor

1.3.1.3 Payment History

Upon request during the life of each lease

Requestor

All employees accessing JCM will successfully pass a commercial employment background check performed by the contractor or a 3rd party or successfully pass a local government performed check for employment purposes. If requested by the Contracting Officer, the contractor must provide a copy of the identification proofing documents used to perform the background checks of the employee.

1.3.3.6. Deliverables.

The contractor shall deliver reports and data as set forth in the below table. All deliverables shall be submitted electronically via JCM, and alerts will be sent to the PM, COR, and any others as identified within the PWS. If a delivery is submitted via e-mail and the size or the firewall prevents its delivery, the contractor shall deliver via compact disk/digital videodisk (CD/DVD). The CD/DVD must be properly labeled to identify the content to include classification, version number, and date. The contractor shall prepare and submit all deliverables electronically in Microsoft Office (i.e., Word, Excel, PowerPoint, Project, etc.) formats pursuant to the following schedule.

Deliverables will be identified by task order number, PWS subtask, and deliverable title.

1.4. Inspection.

A deliverable is a specific measurable, tangible, and verifiable activity, outcome, result, item, or product that the contractor shall provide and that will require formal Government acceptance and approval. The Government will review, assess and provide comment, as required.

1.5. Final Acceptance.

Final inspection and acceptance of all work performed, reports, or other deliverables shall be performed at the place of delivery. The Government will notify the contractor of deliverable acceptance or provide comments, in writing, and the contractor, if necessary, shall revise and resubmit the final deliverable to the Government within the number of business days depicted herein (unless otherwise specified) after receipt of Government comments.

1.3.1.4 Updated Pricing Proposal 15 calendar days after solicited Contracting Officer

1.3.2.2 OTO Quote No later than five business days

OO,

Requestor

1.3.2.4 Leased Equipment List

No later than 8 hours prior to time of delivery

OO,

Requestor

1.3.2.4 Scheduled Delivery Notification

No later than two business days before scheduled delivery

OO,

Requestor

1.3.2.4 BOL details Upon delivery Requestor

1.3.2.4 Delivery Update Reporting

No later than 8 hours prior to time of delivery

OO,

Requestor

1.3.2.5.2 Pre-trip Structural and Operating Inspection At time of delivery

OO,

Requestor

1.3.2.5.3 FHWA Annual Inspection Report

At time of delivery

OO,

Requestor

1.3.2.6 Redelivery Update Reporting No later than 8 hours prior to time of delivery

OO,

Requestor

1.3.2.8 Damage Claim Within 21 calendar days of off-hire

OO,

Requestor

1.3.2.9 Title

Upon payment of equipment replacement

OO,

Requestor

1.6. Invoicing.

Reference Appendix B for invoicing procedures.

2.0 SERVICE DELIVERY SUMMARY.

The Services Delivery Summary (SDS) represents the most important task order objectives that, when met, will ensure task order performance is satisfactory. Although not all PWS requirements are listed in the SDS, the contractor is fully expected to comply with all requirements in the PWS.

Task Performance Objective Performance Threshold

1.3.2.4 RDD Met 95% delivered by RDD each month

1.3.2.1

Assets are Compliant Upon Initial Government Inspection

95% compliance within 7 calendar days upon initial Government inspection

1.3.2.1 Equipment Rejects

100% of rejected containers will be replaced or repaired by the vendor within 2 business days of notification and 100% of containers will pass Government inspection within 2 business days of the delivery of a replacement or repaired equipment.

1.3.2.6 Redeliver Equipment

95% of equipment redelivered within 5 business days, or as mutually agreed and redelivery updates provided within 24 hours of event

1.3.3

Prompt system information updates in JCM

98% of delivery updates provided within 24 hours of event; 98% of accurate container lists provided no later than 8 hours prior to time of delivery

6.0

Cyber-Incident Reporting No more than one late cyber-incident report or unreported cyber-incident in a twelve (12) month period.

2.1.Past Performance Scoring.

Each contractor will have regional and worldwide past performance scores; the former compiled of only performance metrics within each specific region set forth in PWS Appendix D. Overall performance scores used in the best value equation will be calculated based on the contractors’ worldwide score (weighted 25%) and regional score (weighted 75%) from the six months immediately preceding the order. The resulting score will be used in the best value calculation depicted in paragraph 2.5, to determine task order awardees. If a contractor has no regional past performance for the region required by the requirement, only its worldwide past performance score will be utilized. If the contractor has no worldwide performance for the performance period, 100% will be given as the overall performance score. JCM will be the performance data repository. Data points for use in measuring past performance consist of the following:

RDD per original request and order DOD receipt of container DOD inspection of container DOD's documenting container condition Contractor reports delivery

Contractor provides list of containers

3.0 GOVERNMENT-FURNISHED PROPERTY AND SERVICES.

3.1 Government-Furnished Property. N/A.

3.2 Government-Furnished Information. N/A.

3.3 References.

The latest edition, in effect during the life of the contract, of the following shall apply:

Title 49, Code of Federal Regulations (CFR 49).

CFR 49, Parts 450-453 CFR 49, Parts 100-177, Part 176, Subpart G, Paragraph 176.172 International Maritime Dangerous Goods (IMDG) Code.

International Organization of Standardization.

MIL-STD 3037, Inspection Criteria for International Organization for

Standardization (ISO) Containers and Department of Defense Standard Family of ISO Shelters

3.4 Joint Container Management System.

The Government will make available access to its Joint Container Management system either via direct log in or through web services. The contractors shall be responsible for attaining access to JCM.

3.5 Wide Area Work Flow.

The Government will make available access to its Wide Area Work Flow system via direct log in. The contractors shall be responsible for attaining access to WAWF. WAWF is located in the Procurement Integrated Enterprise Environment (PIEE), https://piee.eb.mil.

4.0 GENERAL INFORMATION.

4.1 Place of Performance.

Tasks shall be performed at the locations stipulated in the respective task orders.

4.2. Work Hours.

Contractor personnel are expected to be available during agency operating hours (0730 – 1630 CST) unless otherwise agreed upon. Work will generally consist of 40-hour work weeks, Monday through Friday, excluding federal holidays (New Year’s Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day). The contractor shall be responsible for adapting schedules and performance to accommodate successful completion of tasks.

4.3. Emergency Contingency Clause.

In the event of an emergency, the contractor’s designated project manager or alternate point of contact shall be available for coordination and shall provide container leasing services during non-duty days (i.e., holidays; to include federal holidays and weekends) at the Government’s discretion.

4.4. Declaration of Exigency Area.

Due to armed conflict or other significant hazards, the SDDC Commanding General (CG) may designate any geographic area as an Exigency Area. Areas designated as "Exigency" will remain so until such designation is rescinded by SDDC CG. The Contracting Officer shall notify the contractors in writing of each Exigency Area determination or rescission.

The notification shall include, at a minimum, the geographic area of the exigency and the effective date of exigency. The Contracting Officer may renegotiate rates applicable to the Exigency Areas.

4.5. Cooperation with Other Contractors.

The contractor shall maintain a cooperative work environment with other Government contractors so as not to cause interference, disagreement, or delays to work to be performed. Conflicts shall be brought to the attention of the Contracting Officer.

4.6. Quality Control.

The contractor shall meet quarterly with the COR and Contracting Officer via teleconference during the first year of contract performance. Thereafter, teleconference meetings will be held bi-annually unless performance warrants scheduling a meeting sooner.

4.7. Quality Assurance.

The contractor shall support Government agency reviews and audits of all services and support provided under this PWS. The contractor shall support Quality Assurance reviews conducted by the Government.

The Government reserves the right to authorize an independent verification and validation of the contractor’s procedures, methods, data, equipment, and other services provided during the performance of this PWS.

4.8. Safety Control.

FAR 52.236-13 for Contractor Safety and Accident Prevention is applicable to the contract and any contracting activities related to this contract.

5.0 SECURITY (CYBER, PHYSICAL, PERSONNEL, INFORMATION,

OPERATION, INDUSTRIAL, AND ANTITERRORISM / FORCE PROTECTION)

REQUIREMENTS.

5.1. General Security and Systems Information.

The overall classification of work associated with this contract is at the UNCLASSIFIED level. The services provided within the scope of this contract are considered "operationally critical support" as defined in DFARS 252.204-7012, "Safeguarding Covered Defense Information and Cyber Incident Reporting. Business conducted under this contract requires the Contractor to access SDDC/TRANSCOM’s TEAMS System, more specifically, the Business Support & Container Management Module which contains the Joint Container Management (JCM) system. DODI

8520.02 and DODI 8520.03 shall govern contractor’s access to these systems; unless or until these DOD Instructions are amended to allow otherwise the contractor “shall use certificates issued by the DoD External Certification Authority (ECA) program or a DoD- approved PKI (Yubikey), when interacting with the DoD in unclassified domains.” Contractors shall use ECA when possible and may use a DoD-approved external PKI (Yubikey) when ECA is not an option. Furthermore, contractors shall use multi-factor authentication as required by DODI 8520.03 which requires each user to have both a U.S. Government-provided username and password as well as a non-PKI or PKI certificate/authenticator. Contractors must ensure compliance with system access standards as a requirement for doing business with the U.S. Government and shall implement an identify proofing/vetting process for JCM users in accordance with paragraphs 5.1.1 to 5.1.4, below. Any costs associated with meeting these access standards shall be borne by the contractor.

The contractor shall assign a US-citizen company official (acting as their Trusted Agent) to identify and authenticate all employees prior to receiving Yubikey credentials for JCM access. For the Yubikey options, the company official will assert the identity proofing has taken place and provide on company letterhead, a complete list of employees authenticated and authorized to receive PKI credentials. This assertion will be made to the Contracting Officer and updated letters provided if any information requires an update, employees leave the company, access is no longer required, or credentials are lost. Additionally, if requested by the Contracting Officer, the contractor must provide a copy of all supporting the identity vetting/authentication documentation pertaining to an employee.

5.1.1.

The company official must be able to recognize legitimate versions of identity documentation provided by the applicant in order to ensure only authorized personnel are granted ETA access.

5.1.2.

The applicant must present two forms of Government-issued identification, at least one of which must be a proof of citizenship, in person, to the company official acting as the Trusted Agent. The following documents are examples of acceptable documents: Official Passport, Certified Birth Certificate issued by the city, county, state, or country in accordance with local laws, Naturalization Certificate, Certificate of Citizenship, FS-240 Consular Report, or DS- 1350 Certification of Report of Birth. The authorized company official must exchange sufficient information to ensure the identity of the applicant is unambiguous and accurate.

5.1.3.

All employees accessing JCM will successfully pass a commercial employment background check performed by the USC contractor or a 3rd party or successfully pass a local government performed check for employment purposes. If requested by the Contracting Officer, the contractor must provide a copy of the identification proofing documents used to perform the background checks of the employee.

5.1.4.

Contractor personnel shall read and comply with applicable DOD security regulations, policies, and procedures for access to installations and facilities.

5.1.5.

The Contractor is responsible for being aware of and complying with requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to the Contractor’s failure to comply with Installation Access Control processing requirements.

5.1.6.

Upon termination or completion of this contract, the Contractor will turn in their CAC and any security badges issued to the COR on the last day of the contract or upon any termination/reassignment of a contract employee.

5.2. Security Compliance / Deviations.

5.2.1.

If the Government notifies the contractor that the employment or the continued employment of any contractor employee is prejudicial to the interests or endangers the security of the United States of America, that person shall be removed and barred from the worksite.

5.2.2.

Circumstances surrounding the removal of contract employees include security deviations/incidents and credible derogatory information received or uncovered on contract members during the course of the contractual period. The contract company shall make any changes necessary in the appointment(s).

5.2.3.

Persons employed by Army contractors will report threat-related incidents, behavioral indicators, and other matters of Counterintelligence (CI) interest specified in AR 381-12, Chapter 3, to the Facility Security Officer, the nearest military CI Office, the Federal Bureau of Investigation, or the Defense Security Service.

5.2.4.

Contractor employees will comply with base access and control procedures. Contractor personnel that have not been cleared for entry to any secure working area will be denied entry and the Government shall not be liable for wages of such denied personnel.

5.2.5.

Vehicle Identification. The Contractor shall obtain installation/port access clearance for any vehicles used in performance of task orders awarded under this contract. Immediately upon task order award, the Contractor shall submit a comprehensive list of vehicles required throughout the duration of performance to the COR to obtain access clearance. The list shall identify vehicle type, license plate, and owner/ company name. Personally Owned Vehicles shall not be authorized entry unless identified as official vehicles critical to the success of the mission.

When submission of a new vehicle is necessary, only substitutions are acceptable to maintain a reasonable number of cleared vehicles authorized entry.

Operations Security (OPSEC): The prime contractor and all subcontractors shall provide OPSEC protection for sensitive unclassified information and comply with all OPSEC requirements The prime contractor and all subcontractors shall employ the countermeasures listed below to protect that information. These OPSEC requirements will be in effect throughout the life of the contract from award through the conclusion of services at the end of the period of performance or other contract termination. In any case where uncertainty or ambiguity regarding OPSEC measures, the contractor shall consult the requirements. Whenever the DoD provides CUI to, or CUI is generated by, non-DoD entities, protective measures and dissemination controls, including those directed by relevant law, regulation, or government- wide policy, will be articulated in the contract, grant, or other legal agreement, as appropriate. DoD contracts must require contractors to monitor CUI for aggregation and compilation based on the potential to generate classified information pursuant to security classification guidance addressing the accumulation of unclassified data or information. DoD contracts shall require contractors to report the potential classification of aggregated or compiled CUI to a DoD representative.

Per AR 530-1 Chapter 22 e. (3) Persons who knowingly, willfully, or negligently fail to protect sensitive and/or critical information from unauthorized disclosure may be subject to administrative, disciplinary, contractual, or criminal actions.

5.3.Security Regulation Compliance.

The Contractor will be required to comply with all security regulations…