A09_W91QVN-19-R-0142-0001.pdf

W91QVN19R0142

W582MZ90770057

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

See Next Page.

1. CONTRACT ID CODE PAGE OF PAGES

1 67

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 25-Jul-2019

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W91QVN19R0142

X 9B. DATED (SEE ITEM 11)

11-Jul-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

25-Jul-2019

CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

NAME: JUVON ALLGOOD

PHONE #: 315 730-4209

APO AP 96271

W91QVN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

AMENDMENT 0001

1. The purpose of this amendment is

a. To revise Unit of Issue in ELIN X002M from “EA” to “S/M”.

b. To add Attachment 4, Provisions for Line Haul Services.

c. To change “Prime Contractor’s Prior Experience”

From: General Cargo Trucking services, Material Handling Equipment services and Ammunition and Explosives Transportation Handling Services

To: General Cargo Trucking services, Material Handling Equipment services and Ammunition or Explosives Transportation Handling Services

d. To answer the questions from offerors:

Reference PWS 1.6.1 Types of Equipment required at a minimum insurance coverage of $500,000.00

Q1. Assuming that each vehicle has an insurance policy of 500 million won, Is this a condition that requires approximately 600 million won to be covered in consideration of the exchange rate?

A1. Yes

Reference PWS 1.6.7.1 Prior Experience as Prime Contractor minimum of two (2) years of experience within the last five (5) years performing in General Cargo Trucking services

Q2. Is the experience within five years only recognized as similar to that of G/Cargo in the U.S.F.K?

A2. No, it is not only U.S.F.K. General Cargo Trucking services, Material Handling Equipment services and Ammunition or Explosives Transportation Handling Services

Reference PWS 1.6.7.2 Certification, registrations and licenses

Q3. Must the certifications and licenses be submitted in English version?

A3. English and Korean Version.

Reference PWS1.6.7.3 Driver Licenses

Q4. Should all copies of the license of Hazardous materials transport be included in the proposal?

A4. The offeror shall identify which drivers meet this requirement in their chart, submittal of the licenses at time of the initial proposal is not necessary. However, please note that the Government reserves the right to request submittal of licenses for verification purposes at any time during the procurement process.

Reference PWS 1.7. Antiterrorism (AT) and Operations Security (OPSEC)

Q5. Should the bidder submit the above-related certificate?

A5. No. AT Level I awareness training is required within 14 calendar days after contract award.

Reference Performance Requirement Summary (PRS) # 12 / oversized and/or overweight equipment

Q6. Is the contractor’s responsibility included in the restriction of oversize and overweight transportation under the Korea Road Traffic Act?

A6. Oversized / Over-Weight Cargo: Contractor shall be responsible for delivering oversized/over-weight cargo to meet mission requirements.

PWS 5.3.1 Waivers: The Contractor in close coordination with US Government shall prepare and submit the required documents to obtain approval for delivery of overweight/oversized equipment from the responsible ROK Government Office.

Reference 등기부등본(유효사항) & Stock Change Certificate

Q7. Should the proposal include the relevant documents?

A7. Yes, they are required documents to be submitted in the proposal.

Reference Factor A, C: Prior Experience & Past Performance

Q8. What is the exact conceptual difference between an equal experience and a similar experience?

Prior Experience demonstrates the actual work performed and how that experience relates to our requirement. Past Performance demonstrates how well you performed on the work performed. A company could have prior experience performing similar work however, did not perform the work successfully or at an acceptable quality. (See Below)

A8. Prior Experience: minimum of two (2) years of experience within the last five (5) years in General Cargo Trucking services, Material Handling Equipment services and Ammunition or Explosives Transportation Handling Services from the issuance date of this solicitation and any amendment.

A8. Past Performance: General Cargo, Explosives, Tractor Trailer, Less-Than-Truckload (LTL) and Material Handling Equipment (MHE) Delivery Services or similar services to this requirement

Reference Factor B, sub-factor 2: Equipment Plan

Q9. Should the proposal include all copies of the vehicle registration?

Q10. Is it possible to replace some with 11 ton trucks (2~3ea) for the minimum number of 8 ton trucks required?

A9. At a minimum the offeror shall demonstrate that they own, lease or can acquire the following ten (10) 5 ton trucks, (10) 8 ton trucks, (10) 11 ton trucks and ten (10) 40 feet flat trailers.

A10. It cannot be replaced.

General Instructions for preparation of proposal

Q11. How to submit a final Proposal? (ex. Upload FBO Site or Submit a Visit in person)

A11. Proposals should be submitted thru FBO.

Reference 5152.229-4015 TAX EXEMPTION, POL PRODUCTS, REPUBLIC OF KOREA

- The Contractor shall state the estimated quantity and the amount of POL to be purchased from each refinery/gas station.

Q12. The amount of POL is calculated by the calculation formula (mileage ÷fuel consumption by vehicle type).

A12. Between 2-5 Km/per liter depends on the vehicle actual consumption.

Reference Sub-factor 2 - Prime Contractor’s Certification, Registration and License

Q13. Is it possible to use sub-contractor's Certification of Freight Transportation Forwarder Business Permission (화물자동차운송주선 사업허가증)?

A13. No. Prime contractor must have (a) thru (c) license and only (d) can be substituted by sub-contractor’s Construction & Machinery Rental Business Registration (건설기계대여업증) if prime contractor does not have Construction and Machinery Business Registration (건설 기계업

등록증): (See Below)

(d) Construction and Machinery Business Registration (건설 기계업 등록증): The sub-contractor's Construction & Machinery Rental Business Registration (건설기계대여업증) may be substituted for the prime's registration.

2. All other terms and conditions of RFP W91QVN-19-R-0142 remain unchanged.

The following have been modified:

PWS

PERFORMANCE WORK STATEMENT

General Cargo, Explosives, Tractor Trailer, Less-Than-Truckload (LTL) and Material Handling Equipment (MHE) Delivery Services for United States Forces Korea (USFK)

1. GENERAL:

This is a Non-personal services contract to provide Transportation Services for movement of general cargo (including military equipment), explosives, small parcel delivery and less than truck load (LTL) utilizing both general support and a standardized distribution route system originating within the 662nd Movement Control Team (MCT), (Uijongbu and Tongduchon), 665th MCT (Waegwan and Pohang), 138th MCT (Kunsan, Pyongtaek and Osan) and 517th MCT (Busan and Daegu) operating areas to any point within the peninsula of South Korea, in accordance with (IAW) the technical specifications stipulated in this contract. The Government will not exercise any supervision or control over the contract service providers performing the services herein.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, tools, transportation modes and supervision needed to perform the contract services. This shall include, but is not limited to trucks, lubricants, fuels, tires, tubes, spare parts, canvas covers, blocking and bracing materials, tie-down material, and such other material, equipment, or supplies necessary for the performance of services. Each MCT will use the Transportation Priority designator to determine the method of transport – general delivery or using the standardized distribution routes. General Cargo deliveries shall be completed within 24 hours after loading. LTL shall be delivered in accordance with (IAW) Paragraph 5.4 of this PWS. Trucks tasked to support this contract will only transport cargo as detailed on their transportation documentation. There shall be no consolidated loads between US Government shipments and commercial shipments.

1.2. Background: This contract shall be designed to transport the US Government property in accordance with all terms and condition of this contract.

1.3. Period of Performance: The effective period of this contract is a one-year base performance period will four (4) one-year Option performance periods for up to five (5) years, from the date of award.

Phase In Period: 1 Dec 2019 – 31 Dec 2019 Base Period: 1 Jan 2020 – 30 Nov 2020 1st Option Period: 1 Dec 2020 – 30 Nov 2021 2nd Option Period: 1 Dec 2021 – 30 Nov 2022 3rd Option Period: 1 Dec 2022 – 30 Nov 2023 4th Option Period: 1 Dec 2023 – 30 Nov 2024

1.4. Quality Control:

The contractor shall develop and maintain an effective Quality Control Program (QCP) to ensure services are performed IAW this PWS. The plan at minimum shall clearly describe the Contractor’s quality control methods and practices such as standardized procedures to monitor performance, identify discrepancies, and perform root cause analysis with make corrective action to prevent re-occurrences.

As part of the QC Plan, the Contractor shall identify what items the Contractor shall inspect under its comprehensive QC for each task listed in the PRS table. The Government will make review and acceptance of the QCP and any subsequent changes within ten (10) days after receipt of the revised QCP. After acceptance of the QCP the contractor will receive the Contracting Officer's acceptance in writing of any proposed change to its QC system.

1.5. Quality Assurance:

The government will evaluate the contractor’s performance under this contract IAW the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6. General Information:

1.6.1. Types of Equipment Required: All vehicles that the Contractor provides shall meet the operational and safety standards for both ROK and US Government as specified in this contract, be in good working condition, be suitable for transporting US Government cargo/equipment, and have insurance coverage of any damage and loss of cargo (at a minimum insurance coverage of $500,000.00). In the case of conflict between ROK and US Government standards and regulations, the more stringent rules will be applied. Trucks that do not meet for the minimum of capability to load cargo will be rejected by the responsible MCT and the Contractor shall provide replacement trucks within three (3) hours.

1.6.2. Vehicle Markings: Vehicles shall be marked, secured and posted IAW the CFR, Title 49, Hazardous Materials Transportation (CFR 49), and international requirements.

1.6.3. Escorts.

1.6.3.1. The Government will escort ammunition and sensitive items cargo.

1.6.3.2. The origin MCT will coordinate with the request unit for escorts. The escort will be provided by the request unit or Military Police (MP). The request of escort to MP will be processed by the request unit.

1.6.3.3. Prior to departure, the request unit escort or MP will provide all necessary instruction needed to the driver the route, rest stops and speed limits for movement.

1.6.3.4. If cargo/equipment requires an escort, the contracted drivers shall not transport cargo/equipment without an escort by the US Government.

1.6.4. Personnel.

1.6.4.1. Driver.

1.6.4.1.1. All dispatched drivers shall possess a driver’s license and a 1st Class Truck Driver’s License that were issued/approved by ROK Government and complete/comply with safety training that was mandated by the ROK Government.

The MCT will inform the driver of any specific safety requirements.

1.6.4.1.2. All drivers shall have communication assets (e.g. mobile phone or radio) and points of contact information with them at all times in order to be able to immediately conduct and follow the proper reporting procedures in case of a traffic accident or other unexpected circumstances which disrupt normal operations.

1.6.4.2 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, 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 contractor are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.4.2.1 Company Identification Badges: The Contractor shall provide each employee with an identification (ID) badge on contract start date or employment start date. The ID badge shall be made of nonmetallic material, easily readable and include employee’s name, Contractor’s name, functional area of assignment, and color photograph. The Contracting Officer Representative (COR) will approve the ID badge before contract start date.

1.6.5. Contractor Insurance and Replacement Coverage.

1.6.5.1. The Contractor shall have adequate commercial insurance as prescribed by ROK Government law to cover any accidents or cover any damage and loss of cargo, and property damage through operations of Contractor-owned/operated trucks (at a minimum insurance coverage of $500,000.00). This insurance shall remain current or be renewed so as to ensure a valid insurance policy is in effect at all times covered by the contract. Signed copies of all Valid Auto Insurance and other Insurance Policies shall be submitted to the COR within ten (10) days after award of the contract and prior to start of the period of performance. All valid auto insurance and other insurance policies shall specify the amounts and types of coverage and all limitations of the insurance policies.

1.6.5.2. The Contractor shall have a responsibility to protect US Government equipment from any damage and, if damage occurs, the US Government shall be reimbursed for repair costs or the replacement cost of the damaged equipment if the equipment cannot be repaired. The determination of whether or not the equipment can be repaired or needs to be replaced shall be at the sole discretion of the Government.

1.6.5.3. The Contractor shall assume the cost for any associated testing, calibration, maintenance or technical inspection necessary to verify the serviceability of any damaged cargo.

1.6.6. Safety:

1.6.6.1. The Contractor shall take all necessary measures to ensure safe operation of equipment’s while transporting US Government property under the terms of this contract

1.6.6.2. All safety measures shall be in conformance with the applicable safety regulations of both ROK and US Governments.

1.6.6.3. The Contractor shall be responsible for ensuring that all work performed under this contract is accomplished in a safe and proper manner. All the Contractor’s employees shall be instructed on accident prevention and safety.

Special emphasis shall be placed on the safe operation or equipment and proper working conditions.

1.6.6.4. Safety Plan: The contractor shall have a Safety Plan at a minimum demonstrates the contractor’s approach to conducting comprehensive safety control. The plan shall clearly describe the contractor’s safety training and safety methods and practices such as standardized procedures to monitor performance, identify discrepancies, and perform root cause analysis, make corrective action to prevent re-occurrences of any safety issues. The safety plan should be provided to the COR within ten (10) days after contract award.

1.6.7. Technical:

1.6.7.1. Prior Experience as Prime Contractor: The contractor shall have a minimum of two (2) years of experience within the last five (5) years performing in General Cargo Trucking services, Material Handling Equipment (MHE) services and Ammunition or Explosives Transportation Handling Services. The experience of a subcontractor cannot be substituted for the prime contractor’s experience.

1.6.7.2. The Prime Contractor shall possess the following valid certification, registrations and licenses :

(a) Business License (사업자등록증)

(b) General Cargo Trucking Transportation Business License

(화물자동차운송사업허가증)

(c) Certification of Freight Transportation Forwarder Business

Permission (화물자동차운송주선 사업허가증)

(d) Construction and Machinery Business Registration (건설 기계업 등록증): The sub-contractor's Construction & Machinery Rental Business Registration (건설기계대여업증) may be substituted for the prime's registration.

1.6.7.3. Driver Licenses: The contractor shall maintain at all times the adequate amount of drivers with General Cargo Transportation Certification(s) (화물운송자격증) necessary to perform the mission requirement. In addition the contractor shall have at least 30 drivers which possess license in Hazardous Materials Management Technicians (위험물운송자격증).

1.6.8. Personal/Key Personnel.

1.6.8.1. Definition: “Key Personnel” means employees of the Prime Contractor who are considered to be essential to the work being performed under this contract. Key Personnel are as follows: Contract Manager, Quality Control Manager, and Safety Manager:

1.6.8.2. Before removing, replacing, or diverting any of the listed or specified key personnel from this contract, the Contractor shall:

(1) Provide written notification to the Contracting Officer, 14 calendar days in advance of removing, replacing or diverting the key personnel except in circumstances beyond the control of the contractor where this is not possible;

(2) Submit a justification (including proposed substitutions with resumes of equal qualifications stated in this paragraph 1.6.8) in sufficient detail to permit evaluation of the impact on this contract; and

(3) Obtain the Contracting Officer's written approval. Notwithstanding the foregoing, if the Contractor deems immediate removal or suspension of any member of its management team is necessary to fulfill its obligation to maintain satisfactory standards of employee competency, conduct, and integrity under the clause at 48 CFR 970.5203–3, Contractor's Organization, the Contractor may remove or suspend such person at once, although the Contractor shall notify the Contracting Officer prior to or concurrently with such action.

1.6.8.3. The list of key personnel may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add or delete personnel so long as the aforementioned items are addressed. Each Key Personnel positions shall be filled by separate individuals, at no time shall one individual act in two Key Personnel positions.

1.6.8.3.1. Contract Manager (CM): The CM shall have a minimum of two (2) years of experience within five (5) years as a CM or equivalent position performing in ground transportation service.

1.6.8.3.2. Quality Control Manager (QCM): The QCM shall have a minimum of two (2) years of experience within the last five (5) years as a QCM or in equivalent positions with duties relevant to ground transportation services and administering quality control data for ground transportation services, conducting inspections and other testing activities to ensure continuous control over contractor personnel, investigating complaints regarding quality of ground transportation service and establishing corrective action plans for services.

1.6.8.3.3. Safety Manager (SM): The SM shall have a minimum of two (2) years of experience within the last five (5) years as a SM or in equivalent positions with duties relevant to ground transportation service. The SM shall have an Industrial Safety Engineer License (산업안전기사자격증).

1.6.9. Management Approach.

1.6.9.1. Staffing Plan: The contractor shall have a staffing plan that clearly demonstrates how they plan to perform day to day operations of transportation services. At a minimum the staffing plan shall include a chart that clearly identifies the drivers and quantities by major task listed in paragraph 5 “Specific Task” of the PWS. In addition the plan shall include a written replacement strategy, backup policy, retention policy and any other information pertinent to the execution of this requirement.

1.6.9.2. Key Personnel: The plan shall take special care to clearly identify Key Personnel and each of their responsibilities in the management of the operations of the transportation services. Furthermore the contractor shall discuss each of the Key Personnel including detailing responsibilities of each position and how each of the key persons will support the operation of transportation services.

1.6.9.3. Other Personnel: The plan shall also address any other personnel assigned to work on this requirement and their roles in the operations of the transportation services. The contractor shall discuss the proposed “other personnel”, both full time and part-time staff, detailing responsibilities of each position supporting the operation of transportation services.

1.6.9.4. Equipment Plan: The contractor shall have an equipment plan that clearly demonstrates how they plan to perform day to day operations of transportation services. The equipment plan shall include a list of all equipment and trucks by quantities by major task listed in paragraph 5 “Specific Tasks” of the PWS. The equipment plan shall correspond with the staffing plan. The Government shall be able to clearly see the relationship between the number of trucks shown and the staff proposed.

1.6.10. Hours of Operation:

1.6.10.1. Normal duty hours for the management team shall be between the hours of 0800 – 1700, Monday thru Friday. Hours of operation for vehicle operators shall be scheduled as in the Contract Line Item Numbers (CLINs). Transportation requests may be submitted and requested outside the normal duty day due to required mission support or unit mission requirements. When the contractor’s work schedule conflicts with a mission requirement, advise the COR and reschedule the work to minimize disruption.

1.6.10.2. Holidays: Unless specifically authorized in writing by the COR, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the holidays listed below:

U.S. Government legal holidays

(1) 1 January (New Year's Day)

(2) 3rd Monday, January (Dr. King’s Birthday)

(3) 3rd Monday, February (President's Day)

(4) Last Monday, May (Memorial Day)

(5) 4 July (Independence Day)

(6) 1st Monday, September (Labor Day)

(7) 2nd Monday, October (Columbus Day)

(8) 11 November (Veterans' Day)

(9) 4th Thursday, November (Thanksgiving Day)

(10) 25 December (Christmas Day)

ROK legal holidays

(1) 1 January (New Year)

(2) Lunar New Year (31 December, 1 and 2 January on the Lunar Calendar)

(3) 1 March (Independence Movement Day)

(4) 1 May (Labor Day)

(5) 5 May (Children's Day)

(6) Buddha's Birthday (8 April on the lunar calendar)

(7) 6 June (Memorial Day)

(8) 17 July (Constitution Day)

(9) 15 August (Liberation Day)

(10) Chu-Suk (14, 15, and 16 August on the Lunar Calendar)

(11) 3 October (National Foundation Day)

(12) 9 October (Hangul Proclamation Day)

(13) 25 December (Christmas Day)

NOTE: Any holidays that are declared by Presidential Executive Order shall be observed in the same manner as the holidays listed above. If the area in which contract personnel is scheduled to work is closed due to the holiday declared by an Executive Order and the employee is not required to report in, payment will not be made for those hours. Closures of the installation due to inclement weather or other such acts of nature shall be handled in the same manner.

1.6.11. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

These meetings shall be at no additional cost to the government.

1.6.12. 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 Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of appointment issued to the COR, a copy of which is sent to the Contractor reflects 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 any of the terms and conditions of the resulting changes in cost or price of the contract.

1.6.13. Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.14. Base Passes: The contractor shall be responsible to arrange for base passes and necessary vehicle permits required for entry onto this installation prior to performing any work under this contract. The COR will not be responsible for providing escorts for the contractor.

1.6.1.5. Phase-In: The phase-in period shall be 30 days. The contractor shall assume responsibility for obtaining necessary base passes and vehicle permits for contractor personnel and equipment within 30 days before contract start date. The government leaves to the discretion of the follow on contractor to determine how to successfully transition in its full work force into operations. The contractor shall ensure successful transition to full performance of work by the conclusion of the phase in period. If unable to meet any task timeline, you will notify the KO and COR.

1.7. Antiterrorism (AT) and Operations Security (OPSEC):

1.7.1. Access and General Protection/Security Policy and Procedures: This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility, or area. The contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or 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.

1.7.1.2. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor san all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIS-III) and Terrorist Screening Databases (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation, facility access and local security policies and procedures (provided by government representative), or at OCONUS locations, in accordance with status of forces agreements and other theater regulation.

2. DEFINITIONS AND ACRONYMS:

2.1. Definitions:

2.1.1. Contractor: A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. Contracting Officer (KO): 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.

2.1.3. 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.

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

2.1.5. Deliverable: Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.6. 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 procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

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

2.1.8. Quality Assurance (QA): The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. Quality Control: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract

2.1.11. Subcontractor: One that enters into a contract with a prime contractor. The Government does not have private of contract with the subcontractor.

2.1.12. Line Haul: Shipment on a single Bill of Lading where reimbursement is made based on a short ton mile. Service ordered by the US Government under line haul basis shall normally invoice mileage distance from the shipping point to discharge location in excess of twenty (20) miles.

2.1.13. Local Drayage: Shipment on a Bill for Accessorial Service where reimbursement is based on short ton hours. This service shall be ordered in all cases where the distance from the loading point to the freight unloading point is 20 miles or less. Payable hours for computation of payment for local drayage deliveries shall be in accordance with the “Payable Hour Table” provided in Schedule of Item.

2.1.14. Commitment: Tasking of the Contractor’s service shall be made when MCT requests to arrange and prepare transportation service for the US Government.

Commitment will be made orally or in written by the Ordering Officer to the Contractor’s designated representative.

2.1.15. Freight: Property ordered by the US Government to be transported, in accordance with (IAW) this contract.

2.1.16. Freight Loading Point: A platform, warehouse, or location designated by the consignor as a loading point where the designated freight will be loaded into the Contractor’s vehicle(s).

2.1.17. General Cargo: Freight of all types other than bulk POL, water, perishable items, and non- perishable commissary items.

2.1.18. Installation Transportation Officer (ITO): An individual who is a military officer, warrant officer, or American civil service employee and is authorized to execute transportation documents such as GBLs for services rendered by the Contractor. The ITO has no authority to issue commitment documents and to place orders with the Contractor directly.

2.1.19. Loading: Physical movement of freight from a general location into or onto a mode of transportation.

2.1.20. Less-than-Truckload (LTL): Quantity of cargo weighing less than 6,000 pounds or 375 cubic at one consignor occupying less than one truck, and billed based on CWT.

2.1.21. Movement Priority: Transportation priorities are assigned based on the priority designators of the requirements being shipped. Category 1: (1-3);

Category 2: (4-8); Category 3: (9-15).

2.1.22. Movement Control Team (MCT): A sub-element of the 25th Transportation Battalion (25th Trans Bn) which acts as a field movement control team and is responsible for commitment, coordination, monitoring and supervision of all transportation services committed within the responsible area.

2.1.23. Shipment: The lot of freight offered for transportation from a consignor to consignee(s) under a single order pursuant to the rates stipulated in this contract.

Computation of cost for movement on a single order is based on a shipment, disregarding the number of trucks utilized to complete the shipment, and is calculated in short-ton/miles. A transportation movement request (TMR) number issued by 25th Trans identifies a shipment.

2.1.24. Short-Ton (ST) Mile: One short ton (2,000 pounds) of freight transported over one mile. To compute short ton-miles for a shipment, the total short tons of freight ordered on a single order shall be multiplied by distance in miles from the shipping point to the receiving location. The distance shall be than miles as listed in the 25th TB Mileage Distance Table in effect at the time of commitment. In the event two or more routes are available between the shipping and receiving points, the shortest distance shall be taken for computation of ST miles, unless the specific route is designated by the COR.

2.1.25. Short Ton-Hours: A figure derived by multiplying the number of short tons of freight ordered on a single order on local drayage basis by the number of hours necessary to complete one round trip between the specified locations.

2.1.26. Spotting of Vehicles: The spotting area for a vehicle at a freight deck, platform or warehouse for loading of cargo after inspection of the vehicle by the Government has been satisfactorily completed.

2.1.27. Transportation Movement Release Number (TMR): TMR issued by 25th Trans is the authorization of the contract can deliver cargo and is consisted of numbers and letters. TMR number is issued on each shipment and is written on all transportation documents (GBL and TCMD) to prove that the shipment is properly authorized.

2.1.28. Transportation Control and Movement Document (TCMD): DD Form 1384 is used as documentation for shipments and is the basis for issuance of a GBL or BAS (Bill for Accessorial Service) when contractual transportation is used.

Issuance of this document is required by Defense Transportation Regulation

(DTR).

2.1.29. Weight of Shipment: The weight of shipment shall be provided in TCMD and GBL. For computation of payment of services rendered by the Contractor, the weight of shipment shall be written in short-tons (1ST = 2,000 lbs). When converting the weight from pounds to short-tons, any fractions of less than 5/100 of one shot short tone shall be deducted and 5/100 or greater shall be added as 1/10 of a short-ton(200 lbs). When converting the weight from cubic feet to short tone, the total cubic feet will divide by 125. The higher of the two weights (short ton and cubic feet) shall be used to determine the payment.

2.1.30. US Government Bill of Lading (GBL): USFK Form 79-3EK, a serially-numbered, bilingual, and accountable document. This document is required for procurement of transportation services from the Contractor pursuant to this contract.

2.1.31. Flat Bed Tractor-Trailers: The Contractor shall provide tractors and flat trailers to deliver cargo and/or equipment that weighted 20 tons up to 30 tons.

2.1.32. Low Bed (Low Boy) Tractor-Trailers: The Contractor shall provide tractors and low bed (low boy) trailers to deliver cargo and/or equipment that weighted 20 tons up to 70 tons.

2.1.33. Air-Ride Trailers: The Contractor shall provide air-ride trailers to deliver sensitive cargo and/or equipment that weighted 1 ton up to 20 tons.

2.1.34. Outsized Cargo: Any cargo and/or equipment exceeding the following dimensions: Length 18.0m / 708in; Width 2.6m / 102in; Height 3.9m / 154in

2.1.35. Over-weighted Cargo: Any cargo and/or equipment exceeding its weight of 44 short-tons.

2.1.36. Consignee: The recipient (unit, depot, or person) to whom cargo is addressed or consigned for final delivery and the activity that receives the shipment.

2.1.37. Consignor: The individual, unit, or activity that request shipment of the freight.

2.2. Acronyms:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes

Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial Off the Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary SOW Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Plan TE Technical Exhibit

3. GOVERNMENT FURNISHED PROPERTY, EQUIPMENT AND SERVICES: None.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work as specified in the PWS.

4.2. Materials: The Contractor shall provide materials to include but not limited to lubricants, fuels, tires, tubes, spare parts, canvas covers, blocking and bracing materials, tie-down material, and such other material, equipment, or supplies necessary for the performance of services to meet the requirements under this

PWS.

4.3. Equipment: The Contractor shall provide all transportation modes including trucks and other vehicles/methods of transportation and material handling equipment (MHE) necessary for the performance of services to meet the requirements under this PWS.

5. SPECIFIC TASKS:

5.1. Performance Requirements:

5.1.1. The Contractor shall provide all personnel, equipment, tools, transportation modes and supervision needed to perform the services identified in the PWS. This shall include, but is not limited to trucks, lubricants, fuels, tires, tubes, spare parts, canvas covers, blocking and bracing materials, tie-down material, and such other material, equipment, or supplies necessary for the performance of services. Each MCT will use the Transportation Priority designator to determine the method of transport – general delivery or using the standardized distribution routes. General Cargo deliveries shall be completed within 24 hours after loading, LTL shall be delivered IAW Paragraph

5.4. Trucks or other transportation modes used to support this contract shall only transport cargo as detailed on their transportation documentation. There shall be no consolidated loads between US Government shipments and commercial shipments.

5.1.1.1. Equipment Requirements. The contractor trucks or other transportation modes shall meet the capability to load cargo or equipment to perform scheduled work and un-scheduled work. Ordering Officers may request a larger size transportation mode when the truck spotted at loading point cannot meet the capability to load the requested. If the changes to the transportation mode(s) are determined to be the Contractor’s fault, the Contractor shall not request any cancellation or extra charges to the US Government.

5.1.2. Scheduled Work:

5.1.2.1. Adherence to Delivery Schedule. The contractor shall keep delivery schedule as detailed in CLIN X001 and the Sub-CLINs there under. If Supply Support Activity (SSA) personnel are not on hand when the truck arrives, the driver shall not wait more than 30 minutes. However, the truck driver or a representative of the Contractor shall contact the responsible MCT before leaving the loading point, and follow the responsible MCT’s instruction. If any delays are not resolved within 30 minutes, the driver may note this fact on his trip ticket. If the driver and the transport equipment cannot arrive prior to the normal duty hours, the driver shall immediately provide notification to the origin MCT via phone call or radio and report the issue with the following minimum information:

a. Reason for the delay.

b. Estimated arrival date and time at destination.

c. Method of securing and storing the loaded cargo.

5.1.2.2. If coordination can be made between the MCT and consignor/consignee, and the consignor/consignee concurs with on and off loading, late pick-up and delivery may be possible after the normal duty hours and the MCT will provide specific guidance to the driver. If late pick-up and/or delivery is not possible, the MCT will provide guidance to the driver as to where to transport the cargo for securing and storage until delivery can be made.

5.1.3. Un-scheduled Work.

5.1.3.1. Equipment. The Contractor shall provide transportation vehicles and MHE capable of hauling the loads tasked in accordance with the Exhibit Line Item Numbers (ELINs).

5.1.3.2. Ordering Procedures:

5.1.3.2.1. Ordering of the Contractor’s services by a duly appointed Ordering Officer will be made no later than (NLT) 1600 hours of the day prior to each individual operation. The order will be issued in writing by the Ordering Officer unless an emergency or urgent situation necessitates an oral order. In that case, the oral order will be confirmed by a written order from the Ordering Officer as soon as possible but not later than 24 hours after the initial oral order. The COR shall ensure that orders are only made by an appointed Ordering Officer. The Contractor shall only accept orders made by an appointed Ordering Officer. The Contracting Officer will provide the COR and Contractor the name(s) of the Ordering Officer(s) appointed by the 411th CSB, the Contracting Officer. NOTE: Delegation of authority by the ordering officer is not authorized. The Contracting Officer will officially notify the COR and Contractor in writing about any changes to the Ordering Officers.

5.1.3.2.2. Upon receipt of an order in writing or orally, the Contractor shall confirm the order with the Ordering Officer in writing with the number and type of vehicles and equipment to be utilized on each shipment not later than 1700 hours every working day.

5.1.3.2.3. MCTs will provide the following minimum information (as applicable) when ordering services: Transportation Movement Release (TMR) numbers and consignee, locations where freight is to be picked up and unloaded; driver/transport reporting time at loading point, shipment completion time, short-tons and cubes to be transported; number and type of vehicle(s); payable mileage and the following cargo information: cargo items, dimensions and any special handling requirements for Hazardous Materials or Ammunition and if material handling equipment(MHE) is required.

5.1.3.2.4. Drivers for the ordered transportation services shall report to the consignor at the required location and time in the ordering sheet to receive detailed instruction as to location of freight (warehouse, loading dock, etc.) and to receive and additional precautionary measures for handling the freight. At this time, using EATC Form 114 (Inspection of Commercial Vehicle), the consignor or the responsible MCT will conduct an inspection of the Contractor’s transportation equipment to determine suitability and acceptability thereof for movement of the intended freight. Any of the transportation equipment failing to meet the inspection criteria shall be replaced within three (3) hours by the Contractor with a suitable one. In this case, the Contractor shall not request any additional cost from the

5.1.3.2.5. In the event the cargo requested for shipment by the consignor at the cargo loading point differs from the information that was provided by the MCT in the Order in terms of commodity, weight, cube, or consignee (destination), the Contractor shall immediately contact the MCT to request instructions prior to loading or transporting the requested cargo.

5.1.3.3. Transportation Control and Movement Documents (TCMD).

5.1.3.3.1. When the driver and transportation equipment arrives at the loading point, the Contractor shall verify and tally the cargo to be picked up IAW the list on the TCMD DD Form 1384 presented by the consignor to ensure it is the same as provided in the Order from the Ordering Officer. The Contractor shall affix its signature and time/date on all copies of the TCMD and return one copy to the consignor and tender the remaining copies of TCMD to the consignee along with the freight.

5.1.3.3.2. When the delivery is completed, the Contractor shall present the TCMD to the consignee, and the consignee will sign over the typed or printed name in block 28 of all copies of the TCMD presented after verifying and tallying the cargo and receipt for them. Two copies of the TCMD shall be retained by the Contractor.

The Contractor shall retain one of these copies for its records and the other copy shall be submitted to the origin MCT, who will issue a Government Bill of Lading

(GBL).

5.1.3.3.3 The Contractor shall sign and date all copies of transportation documents verifying the amount of the commodity loaded and condition listed on the transportation documents.