Previous PageTable Of ContentsSOFARS

TRANSFARS PART 5552



TRANSFARS PART 5552
SOLICITATION PROVISIONS AND CONTRACT CLAUSES


5552.204-9000 Notification of Government security activity and visitor group security agreements.
As prescribed in 5504.404-90(a), insert the following clause in solicitations and contracts:

NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP SECURITY AGREEMENTS (APRIL 2007)

This contract contains a DD Form 254, DOD Contract Security Classification Specification, and requires performance at a government location in the U.S. or overseas. Prior to beginning operations involving classified information on an installation identified on the DD Form 254, the contractor shall take the following actions:

This requirement is in addition to visit request procedures contained in DOD 5220.22-M, National Industrial Security Program Operating Manual.

(End of clause)


5552.204-9001 Facility Clearance
As prescribed in 5504.404-90(b), insert a provision substantially the same as the following in solicitations:

FACILITY CLEARANCE (NOV 2011)

The offeror must possess or be eligible to obtain a facility clearance equal to the highest classification stated on the Contract Security Classification Specification DD Form 254 attached to this solicitation.

(End of clause)


5552.216-9000 Evaluation of offers subject to an economic price adjustment clause.
As prescribed in 5516.203-4(a), insert the following provision in solicitations subject to an economic price adjustment clause.

EVALUATION OF OFFERS SUBJECT TO AN ECONOMIC PRICE ADJUSTMENT CLAUSE (FEB 2009)

Offers shall be evaluated without an amount for an economic price adjustment being added. Offers will be rejected which: (1) in any way change the ceiling stipulated; (2) limit the downward adjustment; or (3) delete the economic price adjustment clause.

(End of provision)


5552.216-9001 Economic Price Adjustment based on Actual Cost of Fuel – Airlift
As prescribed in 5516.203-4(b), insert the following clause in solicitations and contracts when an economic price adjustment based on actual cost of fuel for airlift is anticipated and reporting will be accomplished per month.
Economic Price Adjustment based on Actual Cost of Fuel – Airlift (FEB 2009)
In order to protect the contractor and the government from significant market fluctuations in the price of fuel, an adjustment will be made based on actual costs incurred. Adjustments will be made as indicated below.

ALTERNATE I (FEB 2009)

As prescribed by 5516.203-4 (b), when an economic price adjustment based on actual cost of fuel for airlift is anticipated and reporting will be accomplished per mission, substitute the following paragraph (c) to the basic clause.

ALTERNATE II (FEB 2009)

As prescribed by 5516.203-4 (b), when an economic price adjustment based on actual cost of fuel for airlift is anticipated for Civil Reserve Air Fleet (CRAF) International Services, replace paragraphs (b) through (f) of the basic clause with the following paragraphs (b) and (c).

(End of clause)


5552.216-9002 Economic Price Adjustment based on DESC Established Prices of Fuel – Airlift
As prescribed in 5516.203-4(c), insert the following clause in solicitations and contracts when an economic price adjustment based on the Defense Energy Supply Center (DESC) established prices of fuel for airlift is anticipated.
ECONOMIC PRICE ADJUSTMENT BASED ON DESC ESTABLISHED PRICES OF FUEL – AIRLIFT (JUNE 2009)

In order to protect the contractor and the government against significant market fluctuations in the price of fuel, a monthly adjustment will be made based on the fuel price established by the Defense Energy Supply Center (DESC) for JP-8. Adjustments will be made as indicated in paragraphs (b) and (c) below and shall be taken against the CLIN titled Fuel EPA Reimbursable.

(a) Economic Price Adjustments pursuant to this clause are limited to changes in fuel.

(b) Allowable fuel adjustments will be made, upward or downward, only if the DESC price varies by more than (fillable field) % per gallon from the base price established in the contract (hereafter referred to as the “pegged price”).

(c) Reporting requirements for adjustments are as stated in the contract.

(d) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each change from the pegged price for JP-8.

(e) For the contracting officer to consider any request for adjustment, the contractor shall submit data that clearly supports any request for adjustment. At a minimum, the contractor shall submit all required documents and follow all fuel adjustment guidelines indicated in the contract.

(f) The following steps are taken to determine an adjustment (if applicable in accordance with (b)(above):

(End of clause)


5552.216-9003 USTRANSCOM Task and Delivery-Order Ombudsman
As prescribed in 5516.506, insert the following clause in all task order solicitations and contracts.
USTRANSCOM TASK AND DELIVERY ORDER OMBUDSMAN (JUNE 2009)

In accordance with FAR 16.505(b)(6), the individual identified below is designated as the USTRANSCOM Task and Delivery-Order Ombudsman. The ombudsman is an independent official designated to review contractor complaints and to ensure contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract. Consulting the ombudsman does not relieve the contractor from performance requirements in the contract, nor alter or postpone any timelines for any other processes. Interested parties should first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. If resolution cannot be made by the contracting officer, concerned parties may contact:

Chief, Business Support and Policy Division
Telephone Number: 618-220-7021 FAX: 618-220-6248

(End of clause)


5552.216-9004 Economic Price Adjustment for Less Than Full-Planeload (LPL) Scheduled Services - Airlift

As prescribed in 5516.203-4(d), insert a clause that is substantially the same in all commercial contracts for less than full-plane load scheduled services when an economic price adjustment based on the Bureau of Labor Statistics, Producer Price Index for North American Industrial Classification System (NAICS) codes is anticipated.

ECONOMIC PRICE ADJUSTMENT FOR LESS FULL-PLANE LOAD (LPL) SCHEDULED SERVICES – AIRLIFT (NOV 2011)

In order to protect the contractor and government against significant market fluctuations, the unit prices shall be adjusted on (Day/Month – fillable field) of each Option Year beginning (Day/Month/Year – fillable field). The adjustment shall be based on the Bureau of Labor Statistics, Producer Price Index for North American Industrial Classification System (NAICS) codes for (insert NAICS index here and any applicable BLS product code). In the event publication of the index is discontinued, the parties shall agree upon an appropriate substitute index.

Where:

* * * * * * * * * * * * *
EXAMPLE:

Contract performance start date is 1 October 2011. The first EPA will be effective on 1 October 2012.
Sample Index:

 

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Year
10

 

 

 

 

 

110.1

111.3

107.8

107.9

107.3

106.7

106.7

Year
11

106.9

106.0

106.0

106.2

109.4

109.4

109.4

109.4

109.6

111.2

109.5

112.2p

Year
12

113.4

118.0

117.8

118.0

118.0

118.6 

  118.7

119.1 

  119.5

120.0 

 120.9

120.9 

Year
13

123.0

124.0

125.2

125.7

126.0

             

Note: The below figures are provided as an example only. The first example shows a sample increase from the base year to the 1st option year. The second example shows a sample increase from the 1st option year to the 2nd option year. This example assumes a base year beginning on 1 Oct 11 with a one-year period of performance and two one-year option year periods.

BASE YEAR (1 Oct 11 – 30 Sep 12) TO 1ST OPTION YEAR (1 Oct 12 – 30 Sep 13)
Example P N= $2.34, where subscript “N” = FY12

Example I11 = Avg from June 2010 through May 2011
(110.1+111.3+107.8+107.9+107.3+106.7+106.7+106.9+106.0+106.0+106.2+109.4)/12 = 107.7

Example I12 = Avg from June 2011 through May 2012
(109.4+109.4+109.4+109.6+111.2+109.5+112.2+113.4+118.0+117.8+118.0+118.0))/12 = 113.0

Example Adjustment: P13 = [(113.0/107.7) x $2.34] = [1.056 x $2.34] = $2.47

1ST OPTION YEAR (1 Oct 12 – 30 Sep 13) TO 2ND OPTION YEAR (1 Oct 13 – 30 Sep 14)
Example P N = $2.47, where subscript “N” = FY13

Example I12 = Avg from June 2011 through May 2012
(109.4+109.4+109.4+109.6+111.2+109.5+112.2+113.4+118.0+117.8+118.0+118.0))/12 = 113.0

Example I13 = Avg from June 2012 through May 2013
(118.6+118.7+119.1+119.5+120.0+120.9+120.9+123.0+124.0+125.2+125.7+126.0))/12 = 121.8

Example Adjustment: PFY14 = [(121.8/113.0) x $2.47] = [1.078 x $2.47] = $2.66

* * * * * * * * * * * * *

(End of clause)


5552.216-9005 Economic Price Adjustment for Scheduled Liner or Dedicated Services – Sealift
As prescribed in 5516.203-4(e), insert the following clause in commercial solicitations and contracts when an economic price adjustment based on marine and land fuel prices or currency exchange rates is anticipated for Scheduled Liner or Dedicated Sealift Service.
Economic Price Adjustment based on Actual Cost of Bunker Fuel, Diesel Fuel, and Currency Rate Fluctuations – Sealift (NOV 2011)

In order to protect the contractor and the government from significant market fluctuations in the price of fuel and Currency, an adjustment will be made based on actual costs incurred. Adjustments will be made as indicated below.
1. Bunker Adjustment Factor (BAF)

Route

Route Description

TEU

FEU

MT

#

Route Description

Factor

Factor

Factor

2. Fuel Adjustment Factor (FAF)

Average haul EC ports to EC points

XX

Average haul GC ports to GC points

XX

Average haul WC ports to WC points

XX

Truck fuel factor gallons/container mile

XX

Intermodal rail fuel factor gallons/container mile

XX

Average haul EC ports to EC points

XX

Average haul GC ports to GC points

XX

Average haul WC ports to WC points

XX

Truck fuel factor factor gallons/container mile

XX

Reefer unit fuel factor gallons/hour

XX

Average speed miles/hour

XX

Average haul EC ports to EC points

XX

Average haul GC ports to GC points

XX

Average haul WC ports to WC points

XX

Truck fuel factor gallons/trailer mile

XX

Average haul EC ports to EC points

XX

Average haul GC ports to GC points

XX

Average haul WC ports to WC points

XX

Truck fuel factor gallons/trailer mile

XX

3. Currency Adjustment Factor (CAF)

Route

Name

Superlane

#

Lane

Superlane

Superlane Name Currency Currency Name

Name of Lane

XXX

Name of Currency

   
   

Name of Lane

XXX

Name of Currency

   
   

ALTERNATE I (NOV 2011)

As prescribed in 5516.203-4(e), insert the following clause in solicitations and contracts when an economic price adjustment based on marine (BAF) and inland fuel prices (FAF) is anticipated for Scheduled Liner or Dedicated Sealift Service.
1. Bunker Adjustment Factor (BAF)

Route

Route Description

TEU

FEU

MT

#

Route Description

Factor

Factor

Factor

(FILLABLE FIELDS)

Average haul EC ports to EC points

XX

Average haul GC ports to GC points

XX

Average haul WC ports to WC points

XX

Truck fuel factor gallons/container mile

XX

Intermodal rail fuel factor gallons/container mile

XX

Average haul EC ports to EC points

XX

Average haul GC ports to GC points

XX

Average haul WC ports to WC points

XX

Truck fuel factor factor gallons/container mile

XX

Reefer unit fuel factor gallons/hour

XX

Average speed miles/hour

XX

Average haul EC ports to EC points

XX

Average haul GC ports to GC points

XX

Average haul WC ports to WC points

XX

Truck fuel factor gallons/trailer mile

XX

Average haul EC ports to EC points

XX

Average haul GC ports to GC points

XX

Average haul WC ports to WC points

XX

Truck fuel factor gallons/trailer mile

XX

ALTERNATE II (NOV 2011)

As prescribed in 5516.203-4(e), insert the following clause in solicitations and contracts when an economic price adjustment based on marine fuel prices (BAF) is anticipated for Scheduled Liner or Dedicated Sealift Service.
Bunker Adjustment Factor (BAF)
1. An allowance for fluctuations in marine fuel prices shall be paid to the Contractors or to the U.S. Government in accordance with the following:

a. The allowance shall be paid per freight payable unit of cargo. For containerized goods these units are 20-foot equivalent units (TEU) and 40-foot equivalent units (FEU). For breakbulk cargo, they are measurement tons (MT).

b. The Bunker Adjustment Factor is zero unless the one-month average fuel price is at least 20% higher or 20% lower (inclusive) than the baseline average fuel price. No bunker adjustment is payable on the routes not included in BAF Table 1 below.

c. The compensation per freight payable unit shall be calculated as follows:

2. Baseline Fuel Price: The baseline is $225.00 for Norfolk and $225.00 for Los Angeles. The baseline is for a bunker fuel mixture of IFO 380 (95%) and MDO (5%). This baseline will apply to the base year and all option years.

3. Calculations: BAF shall be calculated using Norfolk (ex-wharf) prices except for routes below that shall use Los Angeles (ex-wharf) prices:
USWC to Far East
Hawaii - Far East
Hawaii - Kwajalein
USWC - Oceania
USWC - Middle East

4. Payment Procedures:

5. Application: The bunker fuel adjustment applies to fuel purchased by the Contractor from normal commercial suppliers and does not apply when bunker fuel has been provided or subsidized by the U.S. Government or foreign Governments.
6. Technical Factors and Freight Payable Units: The Technical factors and their freight payable units are shown below:

Route

Route Description

TEU

FEU

MT

#

Route Description

Factor

Factor

Factor


5552.223-9001 Health and Safety on Government Installations.
As prescribed in 5523-9001 insert the following clause in solicitations and contracts:

HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (APRIL 2007)

(End of Clause)


5552.237-9001 -- Requirements Affecting Contractor Personnel Performing Mission Essential Services
As prescribed in 5537.9001, insert the following clause in Section I:

REQUIREMENTS AFFECTING CONTRACTOR PERSONNEL PERFORMING MISSION ESSENTIAL SERVICES (NOV 2011)

ESSENTIAL CONTRACTOR PERSONNEL

Employee Name

Country/Countries

Mobilization Recall (Y or N)

     
     
     
     
     
     

(End of clause)


5552.242-9000 Common Access Cards (CACs) for Contractor Personnel.
As prescribed in 5542.490-2 insert a clause substantially the same as the following clause in solicitations and contracts:

COMMON ACCESS CARDS (CACs) FOR CONTRACTOR PERSONNEL (NOV 2011)

(End of clause)


5552.247-9000 Air Safety.
As prescribed in 5547.4-100(a) insert the following clause in solicitations and contracts:

AIR SAFETY (APRIL 2007)

(End of Clause)


5552.247-9001 Requirement for Authorization to Engage in Air Transportation
As prescribed in 5547.4-100(b)(1), insert the following clause in solicitations and contracts:

REQUIREMENT FOR AUTHORIZATION TO ENGAGE IN AIR TRANSPORTATION (AUG 2007)

(End of Clause)

ALTERNATE I (AUG 2007). As prescribed by 5547.4-100(b)(2), when using FAR Part 15 procedures and the air carriers hold a current Air Carrier Operating Certificate issued by the Federal Aviation Agency under a part other than Part 121 of the Federal Aviation Regulation, or a comparable foreign carrier operating certificate issued by a foreign government body, shall insert paragraph (a) to the basic clause.

(End of Clause)

ALTERNATE II (AUG 2007). As prescribed by 5547.4-100(b)(3), when using FAR Part 12 procedures, insert substantially the same paragraph (b) to the basic clause. When contracting with an air carrier modify subparagraph (a) of the clause as appropriate to identify the applicable certificate and issuing authority.

(End of Clause)


5552.247-9002 Contractor's Failure to Provide Service.
As prescribed in5547.4-100(c)(1) insert the following clause in solicitations and contracts:

CONTRACTOR’S FAILURE TO PROVIDE SERVICE (AUG 2008)

(End of Clause)

ALTERNATE I (APRIL 2007). As prescribed by 5547.4-100(c)(2),when using FAR Part 15 procedures for domestic charter airlift transportation, delete paragraphs (b) through (f) of the basic clause and substitute the following paragraph (b) to the basic clause.

(End of Clause)

ALTERNATE II (APRIL 2007). As prescribed by 5547.4-100(c)(3),when using FAR Part 12 procedures, delete paragraphs (a) through (f) of the basic clause and substitute the following paragraphs (a) and (b) to the basic clause.

(End of Clause)

ALTERNATE III (AUG 2008). As prescribed by 5547.4-100(c)(4),when using FAR Part 12 procedures, delete paragraphs (a) through (f) of the basic clause and substitute the following paragraphs (a) through (e) to the basic clause.

(End of Clause)


5552.247-9003, Requirement for Carriers to Participate in the Civil Reserve Air Fleet (CRAF) and Maintain Good Standing.

As prescribed in 5547.4-100(d) insert the following clause in commercial scheduled service solicitations and contracts or other solicitations and contracts approved by Director of Acquisition:

REQUIREMENT FOR CARRIERS TO PARTICIPATE IN THE CIVIL RESERVE AIR FLEET (CRAF) AND MAINTAIN GOOD STANDING (APRIL 2007)

This contract is conditioned upon the Contractor (if the contractor is a team arrangement, applies to each team member) being an approved Department of Defense approved carrier not in a suspended non-use status (carrier in good standing) participating in the Civil Reserve Air Fleet (CRAF) throughout the performance of this contract. The contractor shall be a U.S. registered air carrier operating under Federal Aviation Regulations, Part 121, and possessing a current certificate issued by the FAA pursuant to Federal Aviation Regulations, Part 121.

(End of Clause)

Previous PageTop Of PageTable Of ContentsSOFARS