Amendment_0002_-_Attachment_4_-_Performance_Work_Statement.docx

SP3300-18-Q-5013

Amendment 0002 Attachment 4 – Performance Work Statement

DLA DISTRIBUTION TRANSPORTATION CONTRACT

PERFORMANCE WORK STATEMENT

Background:

DLA Distribution has a requirement for Transportation support capability in the Arabian Peninsula that would serve as the primary conduit for cargo in support of the Trans Arabian Network (TAN). The purpose is to provide, maintain and operate a Contractor-Managed Transportation capability to include clearing boarder and customs requirements while meeting established delivery timeframes across the TAN.

The Contractor shall provide transportation services to deliver Class II (Individual Equipment), Class III (P) (Packaged Petroleum Oils and Lubricants), Class IV (Construction), and Class IX (Repair Parts) material from DLA Distribution Center Bahrain to GCC customers and Jordan. The Government may require shipments to originate from DLA Distribution Salalah Oman with delivery to DDNB only. In the event that this occurs the Government will provide prior notification for planning purposes. The contractor shall pick up material within 24 hours of notification and meet a delivery timeline of 12 days from notification to delivery for shipments to Kuwait and 18 days for all other destinations. This includes customs clearance on behalf of the US government with duty free movement, regardless of country/delivery location. It is anticipated that this service will include multiple truck movements per week.

Scope:

The contractor shall provide transportation services for the movement of various types of material within the Arabian Peninsula. The contractor shall provide assets and drivers legally permitted to operate within the specified country or countries where border crossings are required. All vehicles, associated equipment and services provided shall be safely operable; meet intended functions and operations, without safety or mechanical defects that affect mission readiness or safe execution thereof; and be in accordance with this PWS, the contract and local laws and regulations. The contractor shall maintain sufficiently trained, qualified and properly licensed operators available to operate vehicles and other equipment as directed to transport and deliver material. The contractor will properly secure loads per Department of Defense and Transportation Engineering Agency (TEA) guidelines and host-country standards and quickly and safely transport loads as directed. The contractor shall recover disabled equipment and their loads and repair / replace disabled equipment per the intent of the contract. The Contractor shall abide by Host Nations Customs and DoD Customs regulations for all movements as they apply

Specific Task Areas:

Task 1 – Purchase Order Management A. The Contractor shall provide an experienced, English-speaking management team to interface with the Government team during performance of this contract at a minimum of a primary and alternate point Of Contact (POC). The POC(s) shall provide overall management coordination for all work under this Contract. The Contractor’s POC(s) shall ensure quality is in place for the stated requirements; Acceptable Performance Levels (APLs) specified in paragraph 8 are achieved; provide information for technical activities performed; accomplishments; problems and provide required reports specified in paragraph 3.3 (Task 3 – Reports).

B. The Contractor shall obtain passes for all personnel requiring entry onto US controlled facilities and comply with all Work VISA requirements. The Contractor shall present vehicle registration, proof of insurance, and a valid driver’s license in accordance with entry policy. Contractor personnel and their vehicles shall only be present in Base/Station locations where services under this contract are actually being performed. US Contractor employees entering the US military facilities shall conform to all Government Force Protection Measures and are subject to such vehicle searches as may be deemed necessary to ensure that no violations occurs. See paragraph 5, Mandatory Eligibility for Installation Access

Task 2 –Transportation A. The offeror may need to provide nine (9) trucks or more per week for the duration of the contract. The Government may require any of the following types of trucks, based on the size/type of the material order: 20’ flatbed, 40’ flatbed, AV2, 40-45” or AV3, 53’ Box Van (or equivalent). The Contractor shall:

1. Ensure safe transport of the material by tie down/securing loads to prevent in-transit damage.

2. Report overages, damages and/or shortages to the shipper by telephone within 48 hours of accepting the shipment, at the first break-bulk point or at final delivery. Follow-up documentation by fax, U.S. mail or e-mail.

3. Prepare and ensure all required customs, diplomatic clearance requirements and transportation document requirements are completed and approved to move material from Bahrain to required destinations IAW host nation laws/requirements and to effect timely border crossings.

4. Perform delivery IAW the delivery instruction and APLs.

5. Provide proof of delivery by a customer signature on a copy of the manifest or other appropriate documentation.

B. For Kuwait, the Government requires that the carrier meet a maximum timeline of 12 days or better from notification to delivery. The segments timeframes are as follows:

1. The shipper will notify the carrier at time of release of the MRO. The carrier shall pick up material within 24 hours of notification.

2. The carrier will be notified via email with the pack list/shipping manifest, class of material, delivery location, and requested truck size. The carrier shall complete customs clearance of no more than 8 days on behalf of the US Government with duty free movement, including obtaining any US Government signatures on clearance documents.

3. Delivery to final destination shall be no more than 3 days.

C. For all countries other than Kuwait, the Government requires that the carrier meet a maximum timeline of 18 days or better from notification to delivery. The segments timeframes are as follows:

4. The shipper will notify the carrier at time of release of the MRO. The carrier shall pick up material within 24 hours of notification.

5. The carrier will be notified via email with the pack list/shipping manifest, class of material, delivery location, and requested truck size. The carrier shall complete customs clearance of no more than 12 days on behalf of the US Government with duty free movement, including obtaining any US Government signatures on clearance documents.

6. Delivery to final destination shall be no more than 5 days.

D. The Contractor bears all risk and responsibility for personal injury or death of its employees or agents or subcontractor employees or agents or for any damage to, loss of or demurrage of equipment during the transportation of material.

E. All equipment must be manufacturer rated to propel, carry and secure the appropriate types and quantities of cargo per the appropriate army or civilian regulations referenced in this work statement. All tractors and trailers shall have the capability to:

7. Reach and maintain the maximum legal limit of load weight IAW the host country laws.

8. Carry loads at a reduced speed over unimproved terrain. Unimproved roads are considered paths traveled that have not been professionally improved by grading, rolling, oiling or other generally accepted engineered means of improving a surface for vehicle travel.

F. The Contractor shall provide incident reporting to the TPOC, COR and KO as soon as possible after incident is known.

9. The Contractor shall notify the COR, and shipper, within 2 hours of each accident that occurs involving injury to a Contractor employee. The Contractor shall provide the following to the COR within 48 hours of the incident:

a. A written description of the accident, including the location of the accident and the names of the individual(s) involved.

b. Copies of any police reports regarding the accident.

c. Copies of any reports filed with the Contractor’s insurance carrier(s) regarding the accident.

10. Disabled equipment in Kuwait: In the event of equipment malfunction, the contractor shall respond within two (2) hours of notification. Equipment shall be repaired or replaced with like item within four (4) hours for a total down time of six (6) hours regardless of location within Kuwait. This service shall be available 24 hours a day, 7 days a week anywhere in Kuwait for the duration of the contract.

11. Disabled equipment outside Kuwait: In the event of equipment malfunction, the contractor shall respond within six (6) hours of notification. Equipment shall be repaired or replaced with like item within forty-two (42) hours for a total down time of forty-eight (48) hours regardless of location. This service shall be available 24 hours a day, 7 days a week anywhere in the Theater of Operations for the duration of the contract.

G. Contingency/Re-consignment/Diversion: In the event of a contingency - state of war (declared or not), emergency or other situation; e.g., wildfires, regional emergency, flood or weather-related situation where transportation disruptions are affecting shipment delivery, or at the Government request, the Contractor shall contact the shipper and emergency contact listed on the BOL who will issue an advisory notice regarding shipment guidance and disposition implications to the Contractor.

12. The Contractor shall provide reconsignment or diversion service upon a written request or upon an oral request subsequently confirmed in writing by a government representative.

13. The Contractor shall make a diligent effort to execute a request for reconsignment/diversion within the original delivery times. If the original delivery time cannot be met, the Contractor and the government representative requesting the reconsignment/diversion will mutually agree on a revised delivery schedule.

H. The carrier shall provide Real Time notification of border crossings and material delivery, i.e. Saudi Arabia Entry, Kuwait Entry and Material Delivered.

14. Communications from contractor to contractor’s assets within the Arabian Peninsula is the responsibility of the contractor. Cellular and satellite phones, radios, global positioning systems, and the like are adequate means of tracking assets in the Arabian Peninsula and should be considered by the contractor to meet reporting performance requirements.

15. The contractor shall be responsible for safeguarding all government and contractor property provided for contractor use. At the close of each work period, government equipment and materials shall be secured as to prevent theft and damage that can be reasonably avoided through pro-active measures.

I. Contractor personnel are prohibited from carrying firearms or other types of weapons without the express written consent of the combatant commander and contracting officer. Photographs of military operations, to include materials, personnel, bases and camps are strictly prohibited. Violations of these prohibitions may result in arrest, equipment confiscation, and/or employee removal from performance without prejudice.

J. Contractor will be measured against the performance standards in the DTR Part II Chapter 207 Paragraph G.4 as applicable.

Task 3 – Reports A. The Contractor shall provide the following reports electronically to the COR:

1. Daily report by 0800 (DDNB time) IAW CDRL A001, DLA Distribution Transportation Contract reporting Requirements.

2. Real Time notification of border crossings and material delivery, i.e. Saudi Arabia Entry, Kuwait Entry and Material Delivered.

3. The Contractor shall obtain a properly signed and dated proof of delivery (POD) showing the printed and/or legible complete name of the receiver’s representative who certifies that the delivery obligation has been met, and report this daily by 0800 (DDNB time) for the previous days.

4. The Contractor shall collect, retain, and provide upon request hard copy or electronic proof of delivery, and provide upon request additional copies to the US Government sufficient legible proof of delivery as required for the Government to complete an accurate audit of shipments within one (1)-business days of the request.

B. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government Fiscal Year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at: http://www.ecmra.mil.

Personnel Qualifications and Responsibilities A. While English-speaking truck drivers are not required, they are preferred, especially if they interact with US representatives. All truck drivers shall be able to contact English speaking superiors at all times (via cellular phone or other direct line of communication) to allow for customer/Contractor communication when necessary.

B. Drivers must be trained, qualified, and properly licensed operators on their assigned vehicles and equipment. Since drivers are also responsible for securing loads they shall be trained to properly block, brace, and chain various types of cargo and rolling stock. The contractor is responsible to maintain a workforce of qualified drivers. The Contractor shall ensure that all on-site Contractor personnel comply with host nation laws regarding working in country.

C. All vehicles/equipment/drivers shall have all required licenses, documents and permits to allow for its legal operation in the designated country of contract operations, including all ports, airports and border crossings, base camps and FOBs. Additionally, passes/badges are required for access to all camps in the designated country of operations. . If operations in the AOR change and contractor personnel are required to travel to other countries the licensing and pass issues will be addressed and the contractor will be given adequate notice to prepare. Please see TE 1.1, List of Destination.

D. Proposed drivers shall not be selected from countries listed on the “countries of concern” list dependent upon material destination.

Mandatory Eligibility for Installation Access A. U.S. and Coalition Commanders possess inherent authority to maintain law and order, provide security, and impose discipline necessary to protect the inhabitants of U.S. and/or Coalition installations, U.S. and Coalition personnel operating outside of installations. This authority allows commanders to administratively and physically control access to installations and/or project sites, and to bar contractors – including prime contractors, subcontractors at any tier, and any employees, from an installation or site. A commander’s inherent force protection (FP) authority is independent of an agency’s contracting authority, and it may not be superseded by any contractual term or provision.

B. An offeror/Prime Vendor acknowledges that submission of a bid, offer, or a proposal; acceptance of contract award of any type; or continuing effort under any resultant contract requires that the Prime Vendor, and all subcontractors under any affected contract, be initially eligible, and remain eligible during the entire period of contract performance to include any warrant period, for installation/base access to a U.S. and/or Coalition installation, regardless of whether the performance will take place on or off a U.S. or Coalition installation. Failure to obtain or maintain installation/base access eligibility for the Prime Vendor, or any subcontractor, may render a proposal unacceptable or be grounds for termination for cause.

C. To be eligible for installation access, Contractors and subcontractors at all tiers are required to register for installation access in the Joint Contingency Contracting System (JCCS). All offerors are required to register with JCCS as follows:

D. Failure to be approved in JCCS and failure to be eligible for installation access at the Prime and subcontractor levels – or failure to inform the contracting officer of the names of all prospective subcontractors (or provide a negative reply) – may render the offerors/contractor ineligible for award or continued performance. Additionally, any firm that is declared ineligible for installation access may be deemed non-responsible until such time as that firm is again deemed eligible by the appropriate access approval authority.

E. Installation access determinations arise from the Combatant Commander’s inherent authority and are separate and distinct from any law, regulation, or policy regarding suspension and debarment authority. Contractor queries or requests for reconsideration related to U.S. or Coalition installation base access eligibility must be directed to the authority responsible for base access decisions.

Carrier’s Liability A. General

1. The Carrier is financially liable to the U.S. Government for loss and/or damage to cargo moved while said cargo is in the custody of the Carrier, subject to limitations indicated in paragraph 6.C.

2. The Carrier assures that all his equipment is insured in compliance with the pertinent laws and regulations of Bahrain and other countries transited.

B. Conditions: Carrier's liability for loss and/or damage to cargo arises under the following circumstances or causes:

1. Fire

2. Theft - committed by the Carrier, his employee(s), agent(s), or by some third party or parties - other than employees, agents, representatives or members of the U.S. Government.

3. Collision - of the Carrier's equipment with vehicles, fixed or mobile obstructions.

4. Other accidents - such as overturning of equipment, falling into water or over precipices, etc.

5. Negligent operations - of Carrier's equipment, i.e. excessive speeds over rough roads, etc.

C. Restrictions: The Carrier shall not be responsible or liable for loss and/or damage to cargo caused by:

1. Faulty packing of goods and improper loading/unloading by the Government or shipper.

2. Destructive nature of goods, i.e. spontaneous combustion

3. Acts of war or confiscation by Government authorities

4. Acts of God, i.e. earthquakes, avalanches, lightning etc.

D. Maximum liability: The liability of the Carrier for total or partial loss or damage to property carried will be in accordance with values declared on the commercial invoice.

Procedures for Loss or Damage Claims A. U.S. Government Cargo or facilities:

1. When loss or damage caused by the Carrier is determined at origin, appropriate entries will be made by the Government designee on or CBL issued to cover the services. In addition, the U.S. Government representative will prepare a statement in triplicate setting forth the extent of the loss and/or damage with whatever evidence is available to indicate the probable cause. The statement will include any evidence which the Carrier or his representative wishes to include and will be signed by both the U.S. Government and the Carrier representative. The claim shall be computed on the basis of the actual cost for repair and/or the official published price of the property in the United States, taking into consideration any depreciation thereof and on the basis of the applicable laws and regulations of Bahrain and other countries transited.

2. When loss or damage caused by the Carrier is determined at destination, appropriate entries will be made by the U.S. Government representative on or CBL issued to cover the services. In addition, U.S. Government representative will prepare a statement in triplicate setting forth the extent of the loss and/or damage with whatever evidence is available to indicate the probable cause. The statement will include any evidence which the Carrier or his representative wishes to include and will be signed by both the U.S. Government and the Carrier representative. The claim shall be computed on the basis of the actual cost for repair and/or the official published price of the property in the United States, taking into consideration any depreciation thereof and on the basis of the applicable laws and regulations of Bahrain and other countries transited.

B. Carrier equipment:

16. When loss or damage caused by the U.S. Government/shipper is determined at origin, Carrier shall prepare a statement in triplicate setting forth the extent of the loss and/or damage with whatever evidence is available to indicate the probable cause. The statement will include any evidence which the U.S. Government or their representatives wish to include and will be signed by both parties. The claim shall be computed on the basis of the actual cost for repair and/or the official published price of the property in Bahrain, taking into consideration any depreciation thereof and on the basis of the applicable laws and regulations of Bahrain.

17. Loss or damages caused by U.S. Government at destination is in accordance with CENTCOM established procedures.

C. Procedures:

1. Initial notification by either party shall· be made to the COR immediately following the incident.

2. In cases where the U.S. Government have incurred a loss or damage at origin or destination, a DD Form 361 (Transportation Discrepancy Report) will be prepared by DLA Distribution Bahrain or the consignee as appropriate. The Transportation Discrepancy Report (TDR) along with the statement and supporting documentation will be submitted to the KO. Documentation submission is to be made as soon as possible after the incident has occurred.

3. In cases where the Carrier has incurred equipment damage at origin or destination, a claim along with the statement and supporting documentation will be submitted to the KO. Documentation submission is to be made as soon as possible after the incident has occurred.

4. Where liability of the Carrier has been ascertained, payment of the claim shall be effected by the issuance of a check by the insurance company or the Carrier drawn in favor of the Treasurer of the United States and in the amount agreed upon in either U.S. Dollars. The check shall be mailed to the issuing contracting office.

5. Where liability of the U.S. Forces has been ascertained, payment of the claim will be effected by modification to the contract in the amount agreed upon in U.S. Dollars to the Carrier's account.

8. Insurance A. The contractor shall carry insurance to cover the cost for replacement or repair of equipment lost, stolen or damaged through accidents (due to driver fault), criminal acts (excluding hijacking while on a Government convoy) and natural acts (commonly called acts of God per the FAR) in the amount required by their country of origin. This includes insurance for all employees in the event of injury or death during the performance of this service. The Government is not liable for claims generating from any of the above. Additional standards are covered in FAR Section 52.247-21 (a) through (d).

9. Inspection/Acceptance A. All vehicles shall meet or exceed the vehicle safety inspection and registration requirements of the country in which the vehicle is registered. The following are minimum standards that the vehicles shall meet for acceptance under this contract. The following items shall be utilized for the acceptance inspection criteria.

1. Fire Extinguisher: Each vehicle shall have two operational 10-pound (or equivalent) fire extinguishers with an underwriters laboratory (or equivalent) rating of 10 BC or more.

2. Organic (Self) Recovery- Each truck will have at a minimum, one set of jumper cables that will work on each type of contract vehicle provided.

3. Medical Safety Kit. The medical safety kit shall be an industry standard commercial vehicle first aid kit.

B. Prior to loading material, the shipper for the Government material will perform an inspection of the vehicle. The Shippers inspectors will verify that the fire extinguishers are charged, no fluids are leaking (visibly), and the tires are properly inflated and are not balding. If defects are noted during a cursory inspection, a detailed inspection will be performed on commercial vehicles using the DD Form 626.

1. Deficiencies that are discovered during inspection and are corrected before the loading or unloading of the vehicle will be entered in the “Remarks” column opposite the proper item. Only deficiency-free vehicles will be accepted for loading. The carrier must correct deficiencies before vehicles are permitted to be loaded.

2. Deficiencies that cannot be corrected will result in rejection of the equipment. Notification shall be sent to the TPOC/COR and the Transportation Service Provider.

C. If the vehicle does not meet the safety requirements outlined in the checklist, it will be rejected by the Government, and the Contractor shall replace the vehicle at no cost to the Government.

D. If the contractor does not have the ordered equipment then a suitable substitute can be offered at no additional cost. Equipment substitutions need to be approved in advance in writing to the COR.

10. Acceptable Performance Levels:.

The COR/TPOC will monitor performance to ensure services are received and carried out in accordance with the requirements set in this Task Order. This monitoring shall be done via Government inspections. The COR/TPOC will monitor compliance with contract terms and conditions and identify nonconforming services to determine the appropriate action. All work required by the contract is subject to surveillance. A “Major” error is defined as an error, occurrence, or action that results in a delay or re-work impacting material support. A “Minor” error is defined as an error, occurrence, or actions that do not impact material support, (e.g., administrative, filing, typographical, etc.)

Kuwait

>24 HRS - FAIL

Metrics Only

TRUCK/S PICKED UP TO OBTAINING EXIT CLEARANCE (CUSTOMS)

DATE:TIME

>72 HRS - FAIL

> 8 DAYS - FAIL

>12 DAYS - FAIL

PASS/FAIL

Oman, UAE, Jordan, KSA, Qatar

>24 HRS - FAIL

TRUCK/S PICKED UP TO OBTAINING EXIT CLEARANCE (CUSTOMS)

DATE:TIME

>72 HRS - FAIL

> 14 DAYS - FAIL

>18 DAYS - FAIL

*PASS/FAIL

* It is understood by the Government that there may be circumstances that are out of the control of the Contractor that may cause failure of the 18 day metric from MR notification to delivery. In the event of a failure and the existence of outside factors, the contractor will not be held accountable.

11. Place of Performance:

Deliveries are to be to specified locations GCC and Jordan. Notwithstanding any other provision of this contract, the Contractor shall comply with all U.S. and Host Nation laws in the performance of this requirement. In the case of conflict, the Contractor shall identify the conflict to the Contracting Officer. In the absence of specific direction from the contracting officer, the Contractor shall comply with the more stringent requirement.

12. Work Schedule:

Contractor shall perform all services with a work schedule necessary to perform transportation requirements to meet the APLs.

13. Period of Performance:

The contract shall operate for a minimum of 120 days.

14. Government-Furnished Data Systems, Equipment, Materials, Services:

Not applicable

15. Contractor-Furnished Equipment, Materials, Services:

A. The Contractor shall provide all support services necessary and all the materials and supplies to perform the requirements in this Task Order include but are not limited to:

1. The contractor is responsible for supplying the fuel used for their vehicles. Equipment shall begin missions with full tanks.

2. Transportation equipment: 20’ flatbed, 40’ flatbed, AV2, 40-45” or AV3, 53’ Box Van (or equivalent), as specified by the Government.

3. Tie Downs, Steel Strapping, Nets to secure material during transportation

4. Lumber for blocking and bracing.

5. Personal Protective Equipment (PPE) (e.g., protective clothing, safety shoes, harnesses, helmets, hard hats, safety glasses) B. The Contractor shall ensure that sources providing equipment and operating materials and supplies are capable of delivering to the Contractor in a timeframe that does not impact Contractor performance. The Contractor shall maintain and repair all Contractor-Furnished equipment.

16. Force Protection/Physical Security:

A. Drivers will report to loading point with a valid passport, driver's license and applicable insurance documents. When transports depart the origin, drivers or trucks will not be switched or rotated without prior approval of the COR. Photo copies of documents are not acceptable.

B. The Carrier is responsible for ensuring drivers possess the proper credentials to allow unimpeded access to the military installations at origin and destination. While en route to destination, drivers will be responsible for insuring integrity of cargo by performing walk around inspections to ensure seals are intact and condition of the trailer exterior after each time the truck/trailer is left unattended for any period of time, and will report any compromised safety or security matters to the proper authorities, the COR, and the Carrier's office immediately.

C. While in route to destination, any instance in which a Nation's Customs Service directs the opening of the trailer and/or inspection of the property being transported will be reported to the COR through the Carrier's office as soon as possible. The driver will make reasonable efforts to ensure the Customs Official who directed the opening of the trailer provides him/her with an inspection report and notice of the new seal number, as applicable. This will be communicated to the COR through the Carrier's office so the destination can be alerted.

D. Drivers from the following Nations are not allowed to enter U.S. Facilities for pick-up or delivery of materials: Cuba, People's Republic of China, Iran, Russia, Iraq, Sudan, Libya, Syria, North Korea, and Viet Nam.

17. Points of Contact:

A. The Contracting Officer’s Representative (COR) for this Contract is Randy Farmer, DSN: 314-581-2464,Office: +973-6999-1008, Cell: +973-3840-3263; e-mail: Randy.Farmer@dla.mil. The Alternate COR for this Contract is Bryan Eldridge, DSN: 314-581-2479 Office: +973-6999-1006 Cell: +973-3941-8477; email: Bryan.Eldridge@dla.mil. The Technical Point of Contact (TPOC) for this Contract is Richard Northrip, Commercial: 717-770-2967 DSN: 771-2967; email: Richard.Northrip@DLA.MIL. The Contract Specialist is Daniel Lentz, Commercial: 717-770-7925; e-mail: Daniel.lentz@dla.mil.

B. The COR/ACOR will be the primary contact in Bahrain. The COR/ACOR will provide general instructions on limitations and deadlines. Additional instructions will be provided for any unusual assignments or those that vary from established procedures. Completed work will be spot-checked by the Government COR for adherence to procedures, accuracy, and completeness IAW this Performance Work Statement. The COR will assist the Contractor with base access, as required.