Final_PWS_26_Jul_19.pdf

Performance Work Statement (PWS) For Third Party Logistics for Europe Wide Movement (3PLEWM)

PART 1

GENERAL INFORMATION

The 21st Theater Sustainment Command (21st TSC), Theater Movements Center (TMC) has a requirement for Contractors to provide Third Part Logistics (3PL) for Commercial Transportation Services to U.S.

Government and select U.S. Funded NATO and Non-NATO partners in Europe, to include the transportation of personnel, general cargo, arms, ammunition, explosives, radioactive material, and hazardous materials in accordance with (IAW) each respective countries’ laws and regulation.

1. Introduction: This 3PL contract is for the transportation of equipment, cargo, and passengers within the European Command (EUCOM) Area of Operations. The EUCOM Area of Operations includes all European nations, with the exceptions of: Iceland, Malta, Holy See, Monaco, San Marino, Malta, Kazakhstan, Republic of Ireland, Belarus, and Russia.

1.1 Background: A 3PL commercial transportation contract is required to support, but does not guarantee, an average of 70% (seventy percent) of USAREUR-directed movements. It provides line haul, heavy lift capabilities, and bus capabilities to support major exercises, deployment, and redeployment of units.

1.2 Responsibilities: The Contractor shall assume total responsibility for all requirements stated herein on the commencement date of the performance period of this contract and all future Task Orders (T.O.).

The Contractor shall perform as specified in this Contract and under the direction of the Contracting Officer (KO).

1.2.1 Work Responsibility: The Contractor shall perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS. The Contractor shall conduct work IAW this PWS and must follow all transiting countries’ transportation traffic laws, regulations, standards, provisions, and directives. The Contractor shall ensure that all work meets the performance standards specified in this PWS.

1.2.2 Administrative Responsibility: The Contractor shall perform all related administrative actions required to provide services or perform work such as quality control (QC), meetings, and correspondence.

1.3 Objectives: Support the Theater Transportation Mission by providing line haul, heavy lift, Material Handling Equipment (MHE), and bus assets to fulfill EUCOM transportation requirements, including the movement of NATO and non-NATO Forces.

1.4 Scope: The contractor shall provide transportation and loading/unloading of cargo, passengers and luggage via trucks, MHE, and buses for movement of various types of equipment, cargo and personnel within EUCOM Area of Operations as identified in paragraph one (1). The contractor shall provide assets and drivers legally permitted to operate within the specified country or countries where border crossings are required in Europe. 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 provide sufficiently trained, qualified and properly licensed operators available to operate vehicles and other items as directed to transport and deliver equipment, cargo and passengers. The contractor shall properly secure loads IAW all countries that are transited during the movement standards and safely transport loads . The contractor is responsible for recovering their disabled equipment and the loads, and repair / replace disabled equipment per requirements of delivery.

1.5 Period of Performance: The Period of Performance (PoP) shall be three (3) years from date of award.

1.6 Management and Administration:

1.6.1 Phase-In /Phase-Out Period: There is no requirement for a Phase-In or Phase-Out period. The Contractor shall be responsible to ensure that services are fully available for execution on the first day of contract performance.

1.6.2 Contractor Management: The Contractor shall perform continual management of the functional areas contained in this PWS. The Contractor shall conduct overall management coordination and shall be the central Point of Contact (POC) with the Government for performance of all work under this PWS. At the Post-Award conference, the Contractor shall submit to the Contracting Officer’s Representative (COR), in writing, the name, title, office, landline phone number and mobile telephone number of the POC(s) (See Technical Exhibit (TE) 1, Deliverables Schedule). A Contractor employee shall designate an alternate POC when work is being performed outside of duty hours, or when the Primary POC is absent. Both shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

1.6.3 Contractor Responsiveness: The Project Manager or alternate shall be available between 8:00 a.m.

to 5:00 p.m., Monday through Saturday, except U.S. Federal holidays or when the Government facility is closed for administrative reasons. A personal answering service is permitted at other than normal Contract workdays and work hours for receipt of COR emergency response work requirements, provided that the Project Manager or alternate responds to all calls within two (2) hours after notification of the call by the answering machine and/or service. The Project Manager or alternate shall have full authority to contractually bind the Contractor for prompt action on matters pertaining to execution of the PWS. The Contractor must provide the Project Manager’s name and contact information to the KO and COR (See TE 1, Deliverables Schedule).

1.6.4 Meetings, Conferences, and Briefings: The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Project Manager or alternate shall attend meetings as requested by the Government.

Meeting attendees, shall, at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours. Meetings may be over telephone but the contractor shall be prepared to meet face-to-face and include those costs in a future funded T.O.

1.6.5 Adequate Workforce: The Contractor shall, at all times, maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.

1.6.6 Recognized Holidays: The Contractor is not required to deliver U.S. Government cargo during U.S. Federal holidays and holidays observed in the EUCOM Area of Operations that include all European nations with the exceptions of: Iceland, Malta, Holy See, Monaco, San Marino, Malta, Kazakhstan, Republic of Ireland, Belarus, and Russia. However, the Contractor must coordinate with the specified COR and/or U.S. Government Movement Control Elements to ensure that commercial truck transportation needs are fulfilled prior to or immediately following the holiday, and that timely transportation delivery are maintained.

1.6.7 Training Holidays: USAREUR historically grants military personnel Training Holidays as compensation for time spent in field training. These are typically combined with regular holiday leave schedules (e.g. Christmas half-days or day-on day-off schedules). Training Holidays may affect access to military-operated facilities. If scheduled work or access to military facilities is required during a Training Holiday, coordination with the COR and POCs (origin/destination) is required for pick-up and delivery of cargo.

1.6.8 Quality Control: The Contractor shall develop and maintain an effective Quality Control (QC) Program to ensure services are performed in accordance with this PWS and to implement procedures that identify and prevent the recurrence of defective services. Quality Control Plan (QCP) (See TE 1, Deliverables Schedule) shall be submitted to the COR within thirty (30) business days after date of contract award. The Contractor shall identify issues or potential problems that might affect future performance to the attention of the COR as soon as possible. After receipt of the final QCP, the Contractor shall receive the KO’s or COR acceptance in writing. Any proposed changes to the accepted QCP will be required to be resubmitted for acceptance no later than thirty (30) calendar days prior to implementation of the change. At a minimum the QCP shall include the following:

a. A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities and classification of each member of the contractor’s quality control team.

b. How will the contractor monitor work to ensure performance complies with all deliverables (etc. timelines, deadlines, and goals)?

c. How will the contractor monitor work to ensure that performance complies with all specifications and requirements of the contract, including clauses?

d. How will the contractor monitor and ensure staff qualifications remain current and valid including processes/approvals throughout contract performance?

e. How will the contractor identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future?

f. How will the contractor file and save all quality control related documents for the life of the contract, plus five (5) years?

1.6.8.1 The contractor shall inform the COR of issues or potential issues that might affect the performance of the contract as soon as identified, but no later than seventy-two (72) hours prior to scheduled performance. If the discovery day falls on a holiday, weekend or training holiday, contractor shall make confirmed contact with a U.S. Government POC, COR or KO on the same day. Verbal reports shall be followed up by written reports (See TE 1, Deliverables Schedule) within twenty-four (24) hours.

1.6.9 Quality Assurance: The Government will evaluate the contractor’s performance under this contract in accordance with the Performance Requirements Summary (PRS) and associated clauses in the contract. This plan is primarily focused on what the Government must do to ensure that the contractor has performed IAW the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the variance of acceptable performance for continuation of services and award(s).

1.6.9.1 The Contractor shall support Government agency reviews and audits of all services and support provided under this PWS. The Contractor shall be prepared to 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 at any time during the performance of this PWS.

1.6.10 Non-Conformance Report (NCR): When a trend develops or performance falls below the PWS standard, the KO shall issue a NCR to the Contractor. The Contractor shall respond within the time frame identified in the NCR. The response shall be in writing and state the reason performance fell below the PWS standard. Failure to respond within the established time limit or failure to provide a response that adequately corrects the issues addressed may increase the level of NCR and subsequently affect your Contractor Performance Assessment Reporting System (CPARS). The KO’s decision for resolution of an NCR is final.

1.6.11 Place of Performance: EUCOM Area of Operations that include all European nations with the exceptions of: Iceland, Malta, Ukraine, Holy See, Monaco, San Marino, Malta, Kazakhstan, Republic of Ireland, Belarus, and Russia.

1.6.12 Type of Contract: The Government intends to award Indefinite Delivery, Indefinite Quantity (IDIQ), Firm-Fixed Price (FFP) and Labor-Hour Hybrid contract.

1.6.13 Security Program: Contractors shall meet security requirements and comply with local policies for accessing all military installations within operational area. Citizens of specific countries are prohibited access to U.S military installations (see Part 5, paragraph 5.2.4)

1.6.13.1 Access and General Protection/security Policy and Procedures: The contractor and all associated subcontractor employees will comply with applicable installation, facility, and area commander installation/facility access and local security policy and procedures (provided by Government representative). The contractor will also provide all information required for background checks to meet installation-access requirements to be accomplished by the installation provost marshal office, director of emergency services, or security office. The contractor workforce must comply with all personal identity verification requirements as directed by DOD, Head Quarters Department of the Army, and local policy.

In addition to the changes otherwise authorized by the changes clause of this contract, should the force protection condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. The Contractor shall be responsible for safeguarding all Government equipment, information and property in their possession.

1.6.14 Drivers Qualifications: All drivers shall be properly licensed, and as required, ADR certified operators on their assigned vehicles and equipment. Since drivers are also responsible for securing loads, they must be trained to properly block, brace, and chain various types of cargo and rolling stock. The Contractor is responsible for maintaining a workforce or companies with qualified drivers. At times there may be a need for the movement of sensitive items which will require drivers to obtain a NATO Secret Clearance. The Contractor shall provide up to 10 drivers that are capable of obtaining a NATO secret clearance after contract award. The Government will initiate the NATO secret clearance. The individual task order will identify if there is a requirement for drivers with NATO secret clearance.

1.6.15 Key Control: RESERVED.

1.6.16 Language Proficiency: The Contractor’s personnel identified in this paragraph shall meet the stipulated English proficiency levels in reading, speaking, and writing (reference AE Pamphlet 690-70 Appendix H).

Level I:

a. Speaking: Able to satisfy minimum courtesy requirements and maintain very simple face-to-face conversations on familiar topics.

b. Reading: Sufficient comprehension to read very simple written material.

Level II:

a. Speaking: Able to satisfy most work requirements with language usage that is acceptable and effective.

Able to speak the language with sufficient structural accuracy and vocabulary to participate effectively in most formal and informal conversations on practical, social, and professional topics.

b. Reading: Able to read within a normal range of speed and with almost complete comprehension a variety of material on unfamiliar subjects. Can comprehend a variety of styles and forms pertinent to professional needs. Rarely misinterprets texts.

Level III:

a. Speaking: Able to use the language fluently and accurately on all levels normally pertinent to professional needs. Language usage and ability to function are fully successful.

b. Reading: Able to read fluently and accurately all styles and forms of the language pertinent to professional needs.

Required Levels of Proficiency for English Languages under this Contract:

Contractor’s Personnel: Read Write Speak Project Manager & Alternate 3 3 3 Drivers 1 1 1 Other 1 1 1

1.6.17 Post-Award Conference: The Contractor agrees to attend the Post-Award conference convened by the contracting activity or contract administration office IAW FAR Subpart 42.5 at a U.S. Government installation within Kaiserslautern, Germany.

1.6.18 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance;

maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change the terms and conditions of the resulting contract or order.

1.6.19 Contractor’s Key Personnel: The following are considered key personnel:

1.6.19.1 Project Manager: The contractor shall appoint in writing to the KO and COR a project manager who shall be the contractor's central point of contact and shall be authorized to direct performance of all work under the contract. The project manager shall have knowledge of all regulatory and contractual policies, procedures, and documentation relative to or required by the PWS, and shall be responsible for enforcement of all contractual obligations as directed by the KO and stated in the PWS. The project manager shall be the contractor’s in-house supervisor in all respects. The project manager must be able to obtain a NATO Secret Clearance within 6 months of contract award.

1.6.19.2 Alternate Project Manager: The contractor shall appoint in writing to the KO and COR an alternate project manager who shall be designated to act for the project manager during any absence of the project manager. The alternate project manager must be able to obtain a NATO Secret Clearance within six (6) months of contract award.

1.6.19.3 Although the contractor is responsible for the conduct of its own employees, the U.S Government reserves the right to request the removal or replacement of any particular employee for cause.

1.6.20 Identification of Contractor Employees: All contract personnel attending meetings and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

Contractor employees shall be identified with an employer issued identification badge. The badge shall include the employee’s name, the contractor’s company name, the functional area of assignment, and a recent color photograph of the employee. Companies with U.S. Government contracts shall require their employees to wear these badges visibly when performing work at Government workplaces unless this would be impractical because of mission or safety considerations.

1.6.22 Contractor Travel RESERVED.

1.6.23 Other Direct Costs: RESERVED.

1.6.24 Data Rights: RESERVED.

1.6.25 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.28 Safety: The Contractor shall comply with all transiting countries’ safety laws, policies, regulations, and applicable U.S. federal safety laws, policies, and regulations when on U.S. installations.

1.6.30 Environmental Compliance: The Contractor shall comply with all transiting countries’ laws, policies, regulations, and applicable U.S. federal safety laws, policies, and regulations when on U.S.

installations. The use, handling, storage, and disposal of all toxic, hazardous, special or radiological wastes/materials shall be IAW all U.S. and transiting countries’ environmental regulations and procedures. Personnel shall be trained IAW with the proper procedures in Europe to include spill response and clean up.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms:

2.1 Definitions:

ADR Certified - the European Agreement concerning the International Carriage of Dangerous Goods by Road. It is a 1957 French name for United Nations treaty that governs transnational transport of hazardous materials.

Contractor - A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Contracting Officer (KO or PCO) - A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

Contracting Officer's Representative (COR) - An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

Defective Service - A service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable - Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

Key Personnel - Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

NCR: Non-Conformance Report – Report given to the Contractor when the terms and conditions of the contract are not met.

Physical Security - Actions that prevent the loss or damage of Government property.

QA: Quality Assurance. Those actions taken by the Government to assure services meet the requirements of the PWS.

QASP: Quality Assurance Surveillance Plan. A written document specifying the surveillance methodology to be used for surveillance of contractor performance by the Government.

QC: Quality Control. Actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

QAR: Quality Assurance Representative. Appointed by the Government to assure quality control measures in regards to the contract requirements. Does not have authority to make any changes to the contract, only report findings during inspections.

Shall, Will, Must: The use of “shall,” “will,” or “must” before any performance requirement indicates a mandatory action on the part of the contractor to be in compliance with this contract.

SPOT Time / Scheduled SPOT Time: Designated time and location, as described on the T.O.

Tons – In this work statement all reference to tons is metric ton which is 2,204.6 pounds (lbs.).

WAWF: Wide Area Workflow. The publicly available, internet based system for submitting receiving reports and invoices.

2.2 Acronyms

3PLEWM Third Party Logistics for Europe-Wide Movement ACOR Alternate Contracting Officer's Representative ADR Accord européen relatif au transport international des marchandises Dangereuses par Route (French name for the 1957 United Nations treaty that governs transnational transport of hazardous materials).

AE Army Europe AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CAN Cancellation CCE Contracting Center of Excellence CDL Commercial Driver License CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative CPARS Contractor Performance Assessment Reporting Systems CMR Commercial DA Department of the Army DPTA Drawsko Pormoskie Training Area DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DGR Dangerous Goods Regulations DOD Department of Defense DTOD Defense Table of Official Distances ECMRA Enterprise Contractor Manpower Reporting Application EU European Union EUCOM European Command EU-OSHA European Agency for Safety and Health at Work FAR Federal Acquisition Regulation FFP Firm Fixed Price HAZMAT Hazardous Material IATA International Air Transport Association IAW In accordance with IDIQ Indefinite Delivery/Indefinite Quantity

KO Contracting Officer LTL Less than truckload MHE Material Handling Equipment OCI Organizational Conflict of Interest OD/OW Over Dimensional & Over Weight OCONUS Outside Continental United States (includes Alaska and Hawaii) OCI Organizational Conflicts of Interest ODC Other Direct Costs OSHA Occupational Safety and Health Administration PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RDD Required Delivery Date RFQ Request for Quote RTCH Rough Terrain Container Handler T&M Time & Materials TE Technical Exhibit TMC Theater Movements Center TMR Transportation Movement Request TL Truck load T.O. Task Order TSC Theater Sustainment Command UN United Nations USAREUR US Army Europe

PART 3

GOVERNMENT FURNISHED SERVICES

3. Government Furnished Items and Services

3.1 Services: The U.S. Government is responsible for diplomatic clearances and will process needed clearances. For select movements, the Government may request supported Multinational Partners to obtain diplomatic clearances for movements supported under this contract.

3.1.1 The U.S. Government is responsible for providing movement control element or representative at both origins and destinations. The unit’s representative(s), both at origin and destination, is/are responsible for issuing and signing all transportation related documentation, verify Contractor service, coordinate loading, unloading, notify of delays, distribute cancellation notice when applicable and keep informed of any aspect of the transportation.

3.1.2 The U.S. Government will disclose all information to the Carrier pertaining to the services required, i.e. cargo nomenclature, amount, dimensions, weight, and other characteristics required for proper Carrier equipment selection. Failure to furnish information, furnishing erroneous information or lack of inbound clearance may render the U.S. Government liable for any consequences arising. Each truckload is to be documented on Military Freight Warrant AE Form 55-355F, NATO Form 302 (for cross-border movements and port of debarkation origin shipments), and hazmat documentation to be issued by the ordering/shipping transportation/movement control element.

3.1.3 The U.S. Government will provide escorts for all movements involving sensitive items or weapons of war.

3.1.4 Any Government transportation request shall state amount and type of cargo, metric dimensions and weight by item, origin, destination, spotting date/time, Required Delivery Date (RDD) and, if applicable, all hazardous cargo information including UN numbers, nomenclature, or any other cargo characteristics required by a Contractor to plan adequate asset(s).

3.1.5 The U.S. Government representative(s), both at origin and destination, is/are responsible to issue and sign all Government transportation related documentation, verify carrier service, coordinate loading, unloading, notify of delays, distribute cancellation notice when applicable and keep abreast of any aspect of the transport.

3.2 Facilities: The U.S. Government is responsible for coordinating entry requirements for drivers and transportation assets onto U.S., NATO and non-NATO installations.

3.3 Utilities: RESERVED.

3.4 Equipment: RESERVED.

3.5 Materials: RESERVED.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Items and Responsibilities:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Part 3 of this PWS.

4.2 Secret Facility Clearance: RESERVED.

4.3 Materials: The Contractor is responsible for obtaining all the necessary road clearances/permits required to execute a transport from, through and to identified countries.

4.3.1 The contractor shall provide, to the Government, the following information in order to process diplomatic clearances IAW applicable timelines at T.O. award:

Full Name of Driver Father's First Name Place of Birth (City/Country) Passport # Country of Issue Languages driver speak Truck Type / License Plate / Bumper # / Registration # Length / Height / Weight of Truck & Trailer (if applicable) Type/Quantity of cargo

4.3.2 The War Weapons Control Act (Kriegswaffenkontrollgesetz), also known as the Act Implementing Article 26 (2) of the Basic Law, is a German law that, in conjunction with the Basic Law (the German constitution), regulates the manufactures, sale, and transport of Weapons of War. A list of weapons of war can be found at http://germanlawarchive.iuscomp.org?p=743. The contractor is also obligated to select proper equipment and personnel in accordance with national and/or international laws respectively.

Each driver will carry the appropriate transiting countries’ approval copy/copies pertaining to the transport, as issued, and all applicable documentation to facilitate transit. Where applicable, the Government will provide information on the cargo to facilitate permit generation, and in some cases provide U.S. escorts.

The contractor shall provide the application number for War Weapons Control Act permits to the U.S.

Government in order to provide a letter of support to the transiting countries, if needed.

4.4 Equipment: The Contractor shall ensure, when applicable, that driver and truck are ADR-certified when transporting respective hazardous material (Definition, 2.1). Trucks provided shall be clean, in good operating condition and equipped with tie-down material IAW transiting countries’ laws, regulations, standards and provisions. Trucks provided shall be for the exclusive use by the U.S. Government. The Contractor shall provide proper escort vehicle(s) for any applicable transport, as indicated by any Host Nation on the respective permit(s). The Contractor shall provide employees all necessary Personal Protective Equipment (PPE) for the loading area and specific to the load.

4.4.1 Trucks: See Attachment B

4.4.2 MHE: Please see Attachment C and Attachment D

4.4.3 Bus: Please see Attachment E

4.5 Prohibitions: Contractor personnel are prohibited from carrying firearms or other types of weapons.

Photographs of military operations, to include contractor convoys under Army contract, personnel, and bases are strictly prohibited. Violations of these prohibitions may result in arrest, equipment confiscation, and/or employee removal from performance without prejudice.

PART 5

SPECIFIC TASKS

5.1 Basic Services: Contractor agrees to perform all transportation services IAW the laws of the countries where delivery / pick-up is to be made and transiting countries. This contract covers commercial truck, Material Handling Equipment (MHE), and Buses.

5.2 General Conditions:

5.2.1 The Contractor shall ensure that applicable movement equipment is on-site and ready to move on requested T.O. date of performance at the established time.

5.2.1 The Contractor shall not post any U.S. Government intended transport on a commercial electronic platform/Internet in order to obtain a subcontractor.

5.2.2 The Contractor shall furnish driver(s) name, nationality, passport number, trucking and trailer license number, make and model (and company’s name, if a sub-Contractor is used), for each scheduled transport within twenty (20) calendar days of mission execution. For short notice missions, the information shall be provided within forty-eight (48) hours of task order issuance.

5.2.2.1 Driver and vehicle data provided shall not be changed; illness, a vehicle breakdown or an accident are the only acceptable exceptions. The contractor shall notify the Government within two (2) hours of changes by telephone and then follow-up with an email. Further driver information may be needed depending on transit country. Additional information will be annotated on the T.O., as required.

5.2.3 Contractor/drivers shall report to loading point with a valid passport and driver’s license. Photo copies of documents are not acceptable. When transports departs the origin, drivers or vehicles shall not be switched or rotated without notification to the Government. Illness, vehicle breakdown or an accident are the only acceptable exceptions. The contractor shall notify the Government within two (2) hours of changes by email.

5.2.4 The following restrictions apply for entry of drivers and trucks to enter facilities and the carrier shall plan accordingly to be in compliance with these restrictions. If drivers are denied entry to installations based on not adhering to these restrictions, the trucks will be rejected at no cost to the Government. The following list may not include all restrictions, thus the Carrier and the Government shall ensure that requirements for entry are met.

5.2.4.1 Drivers from the following Nations are not allowed to enter U.S. Facilities in GERMANY, LUXEMBOURG, BELGIUM, THE NETHERLANDS: Afghanistan, Algeria, Bosnia- Herzegovina, Myanmar, Cambodia, Cuba, Egypt, Iran, Iraq, Laos, Libya, Mongolia, North Korea, Russia, China including Tibet, Sudan, Syria, Yemen, Serbia and Montenegro.

5.2.4.2 Drivers from the following Nations are not allowed to enter U.S. Facilities in ITALY:

Afghanistan, Albania, Azerbaijan, Algeria, Bahrain, Bosnia-Herzegovina, Myanmar, Chad, Cambodia, Colombia, China including Tibet, Croatia, Cuba, Djibouti, Eritrea, Georgia, Indonesia, Egypt, Ethiopia, India, Iran, Iraq, Jordan, Kazakhstan, Kyrgyzstan, Kuwait, Laos, Lebanon, Libya, Macedonia (FYROM), Malaysia, Mongolia, Morocco, Nicaragua, Nigeria, North Korea, Oman, Pakistan, Peru, Qatar, Russia, Saudi Arabia, Serbia and Montenegro, Sri Lanka, Somalia, Sudan, Syria, Taiwan, Tajikistan, Tunisia, Turkmenistan, Uzbekistan, United Arab Emirates, Vietnam, Yemen.

5.2.4.3 Only drivers from NATO countries can access bases in ENGLAND.

5.2.4.4 Only Spanish national drivers can access bases in SPAIN.

5.2.4.5 Only drivers from NATO countries can access bases in ROMANIA.

5.2.4.6 Only drivers from NATO countries can access bases in POLAND.

5.2.5 While en-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, the Contractor shall report to the COR within two (2) hours of incident. The Contractor shall request that the Customs Official who directed the opening of the trailer provide him/her with a report and notice of the new seal number when provided.

This shall be communicated to the COR through the Contractor's office so the destination/receiver can be alerted.

5.2.6 ROUTES AND MANDATORY BORDER CROSSING POINTS – DIPLOMATIC

CLEARANCES

The Contractor shall utilize border crossings that are established IAW routing authorized by approved Diplomatic Clearance Request. The list below may not contain all border crossing points/routes. Further routes will be designated at the T.O. RFQ.

5.2.6.1 GERMANY-BENELUX and vice versa

Border crossing points are not explicitly established at this time, but may be identified at the T.O. RFQ.

5.2.6.2 GERMANY/BENELUX – FRANCE and vice versa

Border crossing points are not explicitly established at this time, but may be identified at the T.O. RFQ.

5.2.6.3 GERMANY/BENELUX-AUSTRIA-ITALY and vice versa

KIEFERSFELDEN (GERMANY) - KUFSTEIN (AUSTRIA) - BRENNER (AUSTRIA) -BRENNERO

(ITALY) –––and vice versa or

PIDING (GERMANY) - SALZBURG (AUSTRIA) - ARNOLDSTEIN (AUSTRIA) - TARVISIO

(ITALY) - and vice versa or

LINDAU (GERMANY) - BREGENZ (AUSTRIA) - BRENNER (AUSTRIA) - BRENNERO (ITALY)

– and vice versa

5.2.6.4 GERMANY/BENELUX – FRANCE - ITALY and vice versa:

GERMANY/BENELUX - MODANE (FRANCE) - FREJUS TUNNEL (FRANCE) - BARDONECCHIA

(ITALY) –- and vice versa or

GERMANY/BENELUX - CHAMONIX (FRANCE) - COURMAJEUR (ITALY) –and vice versa

5.2.6.5 GERMANY – POLAND and vice versa

NADRENSEE (GERMANY) – KOLBASKOWO (POLAND) and vice versa or

FRANKFURT AN DER ODER (GERMANY) – SWIECKO (POLAND) and vice versa or

LUDWIGSDORF (GERMANY) – JEDRZYCHOWICE (POLAND) and vice versa

5.2.6.6 POLAND – LITHUANIA-LATVIA-ESTONIA and vice versa

SZYPLISZKI (POLAND) – KALVARIJA/SALOCIAI (LITHUANIA) – BAUSKA/AINAZI (LATVIA)

– KABLI (ESTONIA) and vice versa

5.2.6.7 GERMANY-AUSTRIA-HUNGARY- ROMANIA-BULGARIA and vice versa

PASSAU (GERMANY) – SUBEN (AUSTRIA) – NICKELSDORF (AUSTRIA) - HEGYESHALOM

(HUNGARY) - NAGYLAK (HUNGARY) - NADLAC (ROMANIA)

GIURGIU (ROMANIA) - RUSE (BULGARIA) and vice versa or

PASSAU (GERMANY) – SUBEN (AUSTRIA) – NICKELSDORF (AUSTRIA) - HEGYESHALOM

(HUNGARY) - NAGYLAK (HUNGARY) - NADLAC (ROMANIA) – CALAFAT (ROMANIA) –

VIDIN (ROMANIA) and vice versa

5.2.6.7 GERMANY-AUSTRIA-SLOVENIA-CROATIA and vice versa

PASSAU (GERMANY) – SUBEN (AUSTRIA) – SPIELFELD (AUSTRIA) – SENTILJ (SLOVENIA) –

ZGORNJE (SLOVENIA) – DONJI MACELI (CROATIA) SEZANA/PINCE (SLOVENIA) – PASJAK

(CROATIA) and vice versa

5.2.6.8 FRANCE-SPAIN-PORTUGAL and vice versa

LE PERTHUS (FRANCE) – LA JONQUERA (SPAIN) – VILAR FORMOSO (PORTUGAL) and vice versa or

SAINT JEAN-DE-LUZ (FRANCE) – IRUN (SPAIN) - VILAR FORMOSO (PORTUGAL) and vice versa

5.2.6.9 GERMANY-DENMARK- SWEDEN and vice versa

ELLUND (GERMANY) – PADBORG (DENMARK) - ORESUND BRIDGE, MALMO (SWEDEN) and vice versa

5.2.6.10 BULGARIA- GREECE

KULATA (BULGARIA) – PROMACHANAS (GREECE) and vice versa

5.2.7 Contractor Liability see FAR Clause 52.247-21 and 52.247-22

5.2.8 Required Delivery Date (RDD)

5.2.8.1 RDD will be provided at the T.O. RFQ. The Contractor shall ensure that RDDs are met. If RDD will not be met, the Contractor shall notify the COR within two (2) hours via telephone and follow up with an e-mail.

5.2.9 Incident Response and Notifications: In cases of accidents, incidents, or emergencies involving Government, NATO and non-NATO freight that may result in serious injury, death, or national media attention, Contractor shall ensure the carriers comply with the following:

For accidents and incidents involving response by local and/or state first responders, the Contractor shall ensure the carrier complies with the directions and/or requests of the on-scene commander or local law enforcement agent responding to the incident. Contractor shall ensure first responders are aware of risks associated with any hazardous materials.

5.2.9.1: Contractor, IAW all applicable transiting countries’ laws, policies, and regulations, is responsible for coordinating use of towing equipment, Material Handling Equipment (MHE), and other required services for handling hazardous materials. The Contractor is responsible for all charges incurred when using such commercial services.

5.2.9.2: Contractor shall not make any statements to the media regarding incident(s) that transpire during movement. If approached by media personnel, Contractor shall notify the COR within eight (8) hours via telephone and follow up with an e-mail.

5.2.9.3: Contractor shall report all accidents, incidents, or emergencies to the Government and the COR within eight (8) hours of the accident, incident, or emergency.

5.2.9.4 Unforeseen/Uncontrollable Event Charges: The Contractor shall not charge any detention, demurrage or storage charges against any DoD sponsored shipment when the delay is caused by acts or omissions beyond DoD’s, its Contractor’s, or its agent’s control. Shortages in outturn, undue delays, or miss-deliveries of cargo arising or resulting from a force majeure situation will not be held against the Contractor. Any resulting damage or loss will be covered by the Contractor’s liability coverage.

5.3 COMMERCIAL TRUCKS:

5.3.1 See Attachment B for a listing of types of trucks that may be required for this contract.

5.3.2 Hazardous Materials (HAZMAT): The Contractor shall verify HAZMAT documentation provided by the U.S. Government prior to pick up. The U.S. Government will disclose all necessary information (i.e. UN number, IM Code, hazardous class, net explosive weight, label cargo in accordance (IAW) applicable laws. Contractor shall provide hazardous licensed vehicles and drivers.

5.3.3 Astray Freight: The Contractor shall report astray freight to the COR within two (2) hours of identification. Contractor shall ensure astray freight is located, identified, and reported to the COR. If a delivery is not completed by the RDD, the Contractor shall report the discrepancy to the COR within forty-eight (48) hours.

5.3.4 It is up to the contractor to determine the type and number of trucks and trailers for the load based upon the information provided to the contractor from the Government.

5.4 MATERIAL HANDLING EQUIPMENT (MHE):

5.4.1 See Attachment C and D for a listing of types of MHE that may be required for this contract.

5.4.2 The contractor shall be able to provide mobile cranes with a minimum of 30 Metric ton capacity and maximum of 300 Metric ton capacity with a qualified operator and spotters, if required.

5.4.3 The contractor shall be able to provide a Rough Terrain Container Handler, capable of handling standard 20 FT and 40 FT containers with a weight of up to 30 Metric tons.

5.4.4 The contractor shall be able to provide rough terrain forklifts in capacity from 3 Metric tons to 15 Metric tons with a qualified operator with a spotter(s) and spreader bars or other support materials.

5.4.5 It is up to the contractor to determine the type and number of MHE required for the load based upon the information provided to the contractor from the Government.

5.5 BUSES:

5.5.1 See Attachment E for a listing of types of buses that may be required for this contract.

5.5.2 The contractor shall be able to provide multiple sized buses with driver to support various numbers of personnel. Buses shall be equipped with A/C and Toilet(s) for movements greater than two (2) hours or for busses of thirty-five (35) passengers and above. The majority of passenger movements will involve personnel with weapons and armed escorts.

5.5.2 Contractor shall transport passengers from/to Aerial Ports of Debarkation to/from bases; sea ports, and staging bases. The Government will provide coordinating instructions for spotting / stopping to either board U.S. Government, NATO and non-NATO Personnel or drop off U.S. Government, NATO and non- NATO Personnel at various locations.

5.5.3 The contractor shall be able to transport all passengers’ baggage that could be up to three (3) bags per person plus weapons but the Government does not guarantee this number. The number of bags carried by each passenger will be stated in T.O. Quote Request (TOQR).

5.5.3.1 The Contractor shall provide baggage trailers and/or baggage trucks for movements where To Accompany Troop (TAT) equipment packages are identified by the Government.

5.5.4 It is up to the contractor to determine the type and number of buses required for the load based upon the information provided to the contractor from the Government.

5.6 CANCELLATION CHARGES:

5.6.1 Cancellation Notification: If an instance should arise where a cancellation of the order is necessary after task order award, the U.S. Government will submit all cancellations in writing to the carrier via email or fax. Cancellation emails or faxes received after duty hours by the carrier are not considered received until the next workday. Respectively weekends and holidays are excluded from the time computation. The U.S. Government is responsible for issuing an AE Form 55-355 F/ Commercial Bill of Lading (CBL) to cover the cost of the truck cancellation fee and AE Form 55-355 E to cover the cost of the crane cancellation fee.

5.6.2 Applicable Cancellation Charges: The cancellation charges are based on the time the cancellation notice is sent to the carrier by the the U.S. Government. The overall value of the cancellation fee is based on the type of equipment that was canceled for the task order. All of the cancelation charges can be found in the Cancellation Charts 5.6.3 to 5.6.6 below:

5.6.3 Truck Cancellation Charges Chart:

CAT TYPE TRUCK/TRAILER

CANCELLATION CHARGE

Spot day

CANCELLATION CHARGE

<24 hours

CANCELLATION CHARGE

<48 hours

CANCELLATION CHARGE

<72 hours

A Truck up to 7.5 tons - Tarp, Closed Body, Hydraulic Lift, Air Suspension up to 700km = €220,- > 700km = €542,-up to 700km = €132,- > 700km = €325,-

N/A N/A

B1 Standard truck, EURO Norm Tarp, closed body, all with Air Suspension, Truck/Trailer Combination up to 700km = €281,- > 700km = €686,-up to 700km = €211,- > 700km = €411,-

N/A N/A

B2

Standard truck, EURO Norm Flatbed, Container Chassis, all with Air Suspension, Truck/Trailer Combination up to 700km = €370,- > 700km = €696,-up to 700km = €222,- > 700km = €418,-

N/A N/A

C1 Platform Telescopic Trailer, Mega Trailer, Standard truck with permanent permit up to 700km = €408,- > 700km = €936,-up to 700km = €245,- > 700km = €444,-

N/A N/A

BC

Truck Types listed in B&C,with special one-time permit up to 700km = €628,- > 700km = €1314,-up to 700km = €376,- > 700km = €788,-

N/A N/A

D Standard Semi-Trailer up to 700km = €240,- > 700km = €861,-up to 700km = €258,- > 700km = €517,-up to 700km = €172,- > 700km = €344,-up to 700km = €129,- > 700km = €258,-

E

Semi Trailer with permanent permit;

pending cargo the asset may be ordered as Telescopic Trailer and/or expandable width up to 700km = €527,- > 700km = €1033,-up to 700km = €316,- > 700km = €620,-up to 700km = €211,- > 700km = €413,-up to 700km = €158,- > 700km = €310,-

DE

Truck types listed in D & E, with special one time permit up to 700km = €666,- > 700km = €1314,-up to 700km = €399,- > 700km = €788,-up to 700km = €266,- > 700km = €525,-up to 700km = €200,- > 700km = €394,-

F Low bed with permanent permit up to 700km = €633,- > 700km = €1305,-up to 700km = €380,- > 700km = €783,-up to 700km = €253,- > 700km = €522,-up to 700km = €190,- > 700km = €391,-

FF Low bed with special one time permit up to 700km = €830,- > 700km = €1792,-up to 700km = €498,- > 700km = €1075,-up to 700km = €332,- > 700km = €717,-up to 700km = €249,- > 700km = €537,-

G

Heavy Load Truck in variations, selected based on cargo specifics – with special one time permit requirement up to 700km = €1857,- > 700km = €2875,-up to 700km = €1114,- > 700km = €1725,-up to 700km = €742,- > 700km = €1150,-up to 700km = €557,- > 700km = €862,-

TRUCK CANCELLATION CHARGES

5.6.4 MHE 1 Cancellation Charges Chart:

CAT MHE TYPE

MAX CARGO WEIGHT

(in tons)

CANCELLATION CHARGE

Spot day

CANCELLATION CHARGE

<24 hours

J1 Crane Service 30 €400,- €100,-

J2 Crane Service 35 €425,- €125,-

J3 Crane Service 40 €464,- €162,-

J4 Crane Service 45 €490,- €188-

J5 Crane Service 50 €540,- €238,-

J6 Crane Service 55 €565,- €263,-

J7 Crane Service 60 €602,- €300-

J8 Crane Service 70 €677,- €375-

J9 Crane Service 80 €715,- €413-

J10 Crane Service 90 €727,- €425-

J11 Crane Service 100 €752,- €450-

J12 Crane Service 120 €789,- €487-

J13 Crane Service 140 €852,- €550-

J14 Crane Service 160 €914,- €612-

J15 Crane Service 180 €1114,- €812-

J16 Crane Service 200 €1214,- €912-

J17 Crane Service 250 €1352,- €1050-

J18 Crane Service 300 €1502,- €1200-

Note 1: Crane Service must include Spotter.

Note 2: Spreader Bars for containers and large equipment.

Note 3: Tons refers to metric tons (1 metric ton is = 2204.6 lbs.).

Note 4: MHE refers to Material Handling Equipment

MATERIAL HANDLING EQUIPMENT CANCELATION CHARGES (MHE 1 CAN Charges)

5.6.5 MHE 2 Cancellation Charges Chart:

CAT MHE TYPE

MAX CARGO WEIGHT

(in tons)

CANCELLATION CHARGE

Spot day

CANCELLATION CHARGE

<24 hours

K1 Rough Terrain Forklift 3K 3 €400,- €100,-

K1 Rough Terrain Forklift 5K 5 €400,- €100,-

K2 Rough Terrain Forklift 6K 6 €425,- €125,-

K3 Rough Terrain Forklift 8K 8 €425,- €125,-

K4 Rough Terrain Forklift 10K 10 €450,- €150,-

K5 Rough Terrain Forklift 12K 12 €475,- €175,-

K6 Rough Terrain Forklift 15K 15 €475,- €175,-

K7 Rough Terrain Container Handler 20' 20 €425,- €125,-

K8 Rough Terrain Container Handler 20' 30 €425,- €125,-

Note 1: Tons refers to metric tons (1 metric ton is = 2204.6 lbs.).

Note 2: MHE refers to Material Handling Equipment

MATERIAL HANDLING EQUIPMENT CANCELATION CHARGES (MHE 2 CAN Charges)

5.6.6 Bus Cancellation Charges Chart:

CAT

SIZE OF BUS

(# of Pax)

SIZE OF BUS

(# of Pax)

CANCELLATION CHARGE

Spotted and Cancelled

CANCELLAT…