Attachment_1_PWS.pdf

DLA DISTRIBUTION TRANSPORTATION CONTRACT

PERFORMANCE WORK STATEMENT

a. Background:

DLA Distribution has a requirement for a 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 or DLA Dispositions location to GCC customers, Iraq and Jordan. 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.

b. 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

c. Specific Task Areas:

a. 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

b. Task 2 –Transportation

A. Shipper Operating Hours: Shipping operations are normally conducted Sunday to Thursday, from 8:00 a.m. to 3:00 p.m. unless specified differently. Contractors shall coordinate pickup times with shipper(s).

B. DoD’s Third Party Payment System: The Contractor shall establish an electronic trading partner relationship with the DoD’s third party payment system (currently US Bank’s Syncada®) to submit electronic invoices to and receive payment from the government.

The details of the relationship will be defined through a separately negotiated agreement between US Bank and the Contractor. As part of this relationship, the Contractor shall comply with the interoperability and certification requirements of the Freight Carrier Certification Program (FCRP) (http://www.sddc.army.mil/Public/Global%20Distribution/Domestic/Carrier%20Registrat ion%20Instructions?summary=fullcontent ) sponsored by SDDC. The Contractor shall electronically invoice the government in a manner agreed upon between the Contractor and the DoD's designated third party payment system. The Contractor shall be Syncada® (third party payment system) enabled within 30 calendar days of contract award.

C. In-Transit Visibility (ITV): The Contractor shall provide track and trace capability for all shipments from the date and time of pickup to the date and time of delivery, using the BOL number in DTTS. The Contractor shall provide ITV via “Web-Based Tracking.”

Contractors may elect to provide ITV via both methods. Contractors shall indicate their ITV method in the proposal. Shipment information shall remain available for at least 10 years after delivery of the shipment.

D. Web-Based Tracking: The Contractor shall provide web-based ITV services as follows (also referred to as Material Requisition Order Tracking):

1. The Contractor shall provide the ability to track/trace shipments/packages by Transportation Control Number(s) (TCN) or the Bill Of Lading (BOL) number, accessible through the World Wide Web (WWW).

2. The Contractor shall allow the Defense Logistics Agency/Government to link to their shipment tracking system through a Contractor-identified Uniform Resource Locator (URL) with tracking by single or multiple BOL number(s).

Tracking by BOL: http://www.yyyyyyyy.com/cgi-bin/trak?type=1&bol=nnnnnnnn “yyyyyyy” is the Contractor's tracking website address“nnnnnnn” is the BOL.

3. The tracking information must remain available for at least 180 days after delivery of the shipment.

4. In the event of a website malfunction, the Contractor shall repair the website within one working day of shipper notification, or allow for manual tracking via a Contractor toll-free telephone number.

5. The Contractor shall be capable of providing web-based ITV within 30 days after contract award.

E. All shipments will move at the prices offered in the awarded contract and will include exclusive use (EXC) of the vehicle, door-to-door service that includes pickup and delivery within shipping or receiving facility and split pickup/split delivery as designated at no additional charge to the Government.

F. Rates: During the evaluation of all proposals received in response to the Government’s solicitation, individual lane rates will be considered proprietary information and not releasable. After award, lane rates will not be considered proprietary information. By submitting a proposal, the offeror agrees that any awarded rate is releasable. Rates that are not awarded will not be released and will remain proprietary.

G. Surge/Contingency: When directed by the Contracting Officer, the Contractor shall support the requirements of mobilization, surge, contingency, natural disaster, humanitarian assistance support and similar OCONUS unit movements and respond with required resources to meet the timeframes of surge/contingency requirements. The Contractor shall provide service 24-hours-a-day, seven days a week, including holidays.

This support shall be fulfilled through partnering with DoD facilities in the integration of contingency, surge and deployment requirements into the Contractors’ business commitment to make available Contractor assets to provide the necessary transportation services. To meet the surge/contingency requirement at a DoD facility, the shipper will utilize all awarded Contractors.

H. Facility Inspections: By the submission of its offer, the Contractor agrees to have visitor control procedures in place to verify individuals requesting access to DoD shipments and shipment information in-transit or in terminals. Further, the Contractor agrees not to disclose any information to unauthorized persons concerning the nature, kind, quantity, destination, consignee or routing of any protected commodities shipment tendered to it.

The Contractor shall notify KO or designee of all visitor requests NLT 24 hours preceding the request.

I. Refusal of Unsafe Shipments: The Contractor shall refuse shipments that they deem to be unsafe or that may otherwise damage either the Contractor’s property or another consignor’s shipment(s). Refusal of unsafe shipments will not have a negative impact on the Contractor.

J. Notification of Delay: The Contractor shall notify the shipper and receiver as soon as they are aware a delay may occur. At a minimum, the Contractor shall provide a new estimated time of arrival (ETA) for the shipment within two (2) hours of determining that the required delivery date (RDD) will not be met. When the required delivery date cannot be met, the Contractor shall ensure the shipment is delivered as soon as reasonably possible.

K. Notification Before Delivery: When required by the receiver, the Contractor shall, without additional charge, provide the receiver with telephonic notice of arrival, providing driver name, Contractor identification, and shipper documents.

L. Proof of Delivery (POD): 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. The Contractor shall collect, retain, and provide hard copy or electronic proof of delivery within 24 hours of delivery.

M. Payment Process: Payment of charges for transportation services shall be made only upon completion of the services as evidenced by the Contractor’s certification of delivery at destination. Delivery dates entered into Syncada shall reflect the actual date that the shipment was delivered to the destination location. Such certification shall be made electronically using Syncada, and shall not be made until the shipment has actually been delivered. Any certification of delivery prior to actual delivery may result in contract termination, disqualification or disbarment of the Contractor from Government transportation programs and procurements.

N. Reporting Overages, Damages and Shortages: Contractors shall report overages, damages and/or shortages to the KO or designee and shipper by telephone within 48 hours of accepting the shipment, at or at final delivery. Contractors shall provide follow-up documentation by e-mail.

O. Lock or Seal Removal: When the Contractor removes a seal or lock signifying exclusive use (due to an emergency or upon prior approval of the shipper or receiver), the Contractor shall immediately relock or reseal the vehicle with a lock or seal equivalent to or of higher security. The Contractor shall immediately notify the shipper of the new lock or seal number. The Contractor shall annotate the BOL with:

1. The new lock or seal number

2. Date and time replacement seal or lock was applied

3. The reason for removal of the original lock or seal

4. The Contractor shall ensure that no freight is added to the vehicle except at the instruction of the shipper or receiver P. Accessorial Charges: Accessorials may be added or changed by the Government in accordance with the Changes Clause.

Q. Securing/Protecting Shipments: The Contractor shall furnish vehicles with all equipment necessary to safely transport freight. The shipper is responsible for the necessary and proper blocking and bracing of the load for movement over the highway. The Contractor is ultimately responsible for securing the cargo and protecting it from the elements.

R. Redelivery (RCL): Redelivery is not allowed under this contract, receiver is required to accept delivery. If for unforeseen circumstances prevent receipt of the shipment the carrier must contact the shipper and emergency contact listed on the BOL.

S. Seizure of Cargo: The Contractor shall not assert any type of lien on any property shipped under this contract. The Contractor shall take no action to seize, arrest, hold or otherwise detain any shipment through any judicial process in the Host Nation or through any other means whatsoever.

T. Billing for Reconsignment/Diversion, Relocation and Detention: For shipments on the same vehicle going to the same destination, Reconsignment/Diversion [RCC], Relocation [RLS] and Detention [DEP/DET] shall be e-billed only for the vehicle, not for each shipment on the vehicle.

U. Cargo Liability: Contractors will be liable for all loss, damage, undue delay, mis-delivery, or other result occurring to freight in its possession, unless caused by acts of God, acts of the public enemy, act or default of the shipper, act of the public authority, or inherent nature or vice of the cargo

V. General Shipment Discrepancies/Claims: Claims for loss of articles or damages will be filed by the government after the discovery of the damage or loss, but not later than nine

(9) months following the date of delivery. Claims for an overcharge may be filed by the government no later than three (3) years following the date of delivery. Contractor claims shall be filed with the government no later than three (3) years following the date of delivery. The Contractor shall promptly respond to a transportation discrepancy request (TDR) for information from the government.

W. Fractions: Fractions of a cent resulting from the application of rates and/or accessorial charges will be disposed of as follows:

1. Fractions of less than one-half of one cent will be omitted.

2. Fractions equal to or more than one half of one cent will be increased to the next whole cent.

X. Quality Control Plan: Offerors shall submit their Quality Control Plan within 30 calendar days of contract award. The Contractor’s Quality Control Plan (QCP) shall encourage continual enhancement of the performance requirements of the PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective or deficient services. As a minimum, the Contractor shall develop quality control procedures addressing the areas identified in the Performance Requirements Summary. Any subsequent changes to the QCP shall be coordinated with the Contract Officer 30 calendar days prior to its implementation. The QCP shall include:

1. A description of the inspection system to cover services listed in the PWS. The description shall include specifics as to the areas to be inspected on both a scheduled and unscheduled basis and the frequency of inspections.

2. A description of the system that shall facilitate continuous improvement and address any negative trends and their corrective actions.

3. A description of the records to be kept to document inspections and corrective or preventive actions taken.

4. The records of inspection shall be kept and made available to the Government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.

5. A written Safety and Security plan which shall include details of the

Contractor’s safety operations, responsibilities, method of program implementation, and how hazards and deficiencies shall be identified and corrected. It shall detail employees’ responsibilities for reporting all mishaps, and establishing procedures for reporting or correcting unsafe conditions, hazards, or practices. The plan shall also contain mishap notification and reporting procedures.

Y. DLA Distribution will implement a Quality Assurance Surveillance Plan (QASP) (See

QASP and QA Checklist Surveillance Questions provided in the TL) to ensure acceptable performance is achieved. The QASP documents QCP effectiveness and provides a systematic method to evaluate the Contractor’s services. The Government’s QA team will use a variety of tools and surveillance methods to evaluate Contractor performance ranging from reviews of documents and reports to actually observing processes as they occur. During observations of processes, Government evaluators reserve the right to conversationally engage Contractor employees to ensure they have a thorough understanding of the processes and/or procedures. This method of surveillance is a “knowledge check”. The most likely time the “knowledge checks” would take place is if the actual process is not occurring at the time the time the evaluator plans to observe the process. The Government will also conduct “mock audits” using the DLA Distribution SOP Enclosure 2 to validate assessed training status. The Contractor shall use the Government provided Quality Management Tool (QMT). The Contractor shall establish procedures such that all surveillance results are reviewed and acknowledged as results are available to the Contractor through the QMT SP Workflow module to the KO or designee (e.g., CGA Surveillance Lead, COR, Contract Specialist, KO). The Contractor shall identify Contractor personnel who have the authority to review and acknowledge surveillance findings in QMT.

Z. The Contractor may need to provide up to twenty (20) trucks 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.

AA. 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.

BB. 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:

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 12 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 5 days.

CC. 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.

DD. 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:

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

2. 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.

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

1. 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.

2. 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.

3. 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.

FF. 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.

1. 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.

2. 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.

GG. The carrier shall provide Real Time notification of border crossings and material delivery, e.g.

Saudi Arabia Entry, Kuwait Entry and Material Delivered.

1. 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.

2. 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.

HH. 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.

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

c. 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, TAN 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.

d. Task 3 – Personnel, Badging, Liability and APLs

A. Personnel Qualifications and Responsibilities:

1. 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.

2. 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.

3. 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.

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

B. Mandatory Eligibility for Installation Access:

1. 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.

2. 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.

3. 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:

a. Go to www.jccs.gov

b. Read Registration Instructions

c. Enter Company and Financial Information

d. Enter Point of Contact Information

e. Registration Confirmation – User ID and Password Issued

f. Complete JCIIAS Vendor Questionnaire

g. Upload Documents

4. 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.

5. 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.

C. Carrier’s Liability:

1. General

a. 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.

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

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

a. Fire

b. 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.

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

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

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

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

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

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

c. Acts of war or confiscation by Government authorities

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

4. 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.

F. Procedures for Loss or Damage Claims:

1. U.S. Government Cargo or facilities:

a. 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.

b. 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.

2. Carrier equipment:

a. 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.

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

3. Procedures:

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

b. 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.

c. 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.

d. 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.

e. 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.

G. Insurance:

1. 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).

H. Inspection/Acceptance:

1. 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.

a. 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.

b. 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.

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

2. 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.

a. 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.

b. 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. Doors and tarps are operational and adequate for sealing.

3. 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.

4. 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.

I. 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

PERFORMANCE

REQUIREMENT

STANDARD ACCEPTABLE

PERFORMANCE

LEVELS

GRADED

SCALE

MEASUREMENT

3.2 – TASK 2 -

TRANSPORTATION

MOVEMENT

REQUEST

(MR) TO PICK

UP –

DATE:TIME

24HRS FROM

MR CREATION

<=24 HRS

– PASS

>24 HRS -

FAIL

Metrics Only

TRUCK/S

PICKED UP TO

OBTAINING

EXIT

CLEARANCE

(CUSTOMS)

DATE:TIME

72 HRS FROM

THE RECEIPT

OF TRUCK/S TO

OBTAINING

EXIT

CLEARANCE

<=72 HRS

– PASS

>72 HRS -

EXIT

CLEARANCE

(CUSTOMS)

TO DELIVERY,

DATE:TIME

8 DAYS FROM

THE RECEIPT

OF CLEARANCE

TO TRUCK

DELIVERY

<=8DAYS –

PASS

> 8 DAYS -

MR

NOTIFICATION

TO DELIVERY

12 DAYS FROM

THE RECEIPT

OF MR/S TO

TRUCK

DELIVERY

<=12 DAYS

– PASS

>12 DAYS -

PASS/FAIL

Oman, UAE, Jordan, KSA, Qatar & Iraq

PERFORMANCE

REQUIREMENT

STANDARD ACCEPTABLE

PERFORMANCE

LEVELS

GRADED

SCALE

MEASUREMENT

3.2 – TASK 2 -

TRANSPORTATION

MOVEMENT

REQUEST

(MR) TO PICK

UP –

DATE:TIME

24HRS FROM

MR CREATION

<=24 HRS

– PASS

>24 HRS -

TRUCK/S

PICKED UP TO

OBTAINING

EXIT

CLEARANCE

(CUSTOMS)

DATE:TIME

72 HRS FROM

THE RECEIPT

OF TRUCK/S TO

OBTAINING

EXIT

CLEARANCE

<=72 HRS

– PASS

>72 HRS -

EXIT

CLEARANCE

(CUSTOMS)

TO DELIVERY,

DATE:TIME

8 DAYS FROM

THE RECEIPT

OF CLEARANCE

TO TRUCK

DELIVERY

< 14DAYS

– PASS

> 14 DAYS

- FAIL

MR

NOTIFICATION

TO DELIVERY

12 DAYS FROM

THE RECEIPT

OF MR/S TO

TRUCK

DELIVERY

<=18 DAYS

– PASS

>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.

J. Place of Performance:

Deliveries are to be to specified locations GCC Iraq 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.

K. Work Schedule:

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

L. Period of Performance:

5 years from time of award.

M. Contractor-Furnished Equipment, Materials, Services:

1. 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:

a. The contractor is responsible for supplying the fuel used for their vehicles.

Equipment shall begin missions with full tanks.

b. Transportation equipment: 20’ flatbed, 40’ flatbed, AV2, 40-45” or AV3, 53’ Box

Van (or equivalent), as specified by the Government.

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

d. Lumber for blocking and bracing.

e. Personal Protective Equipment (PPE) (e.g., protective clothing, safety shoes, harnesses, helmets, hard hats, safety glasses) O. 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.

P. Force Protection/Physical Security:

1. 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.

2. 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.

3. 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, if applicable. This will be communicated to the COR through the Carrier's office so the destination can be alerted.

4. Any security detail required for any of the routes is the responsibility of the Contractor.

5. 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.

Q. Points of Contact:

1. The Contracting Officer’s Representative (COR) for this Contract is Richard Northrip, 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:

mailto:Randy.Farmer@dla.mil mailto:Bryan.Eldridge@dla.mil

Richard.Northrip@DLA.MIL. The Contract Specialist is Brian Rose, Commercial: 717- 770-4673; e-mail: Brian.Rose@DLA.MIL.

2. 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 SOW. The COR will assist the Contractor with base access, as required.

mailto:Richard.Northrip@DLA.MIL mailto:Brian.Rose@DLA.MIL