2021 10 14 Atch 3 PWS - BremerhavenSRTS - Copy.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING SERVICES

PORT OF BREMERHAVEN, GERMANY

14 October 2021

950th Transportation Company

Port of Bremerhaven

Bremerhaven, Germany

Stevedoring and related Vessel Services

TABLE OF CONTENTS

Section Topic Page

1.0 Background & Scope 2

2.0 General Security Requirements 3

3.0 General Safety Requirements 5

4.0 General Contract Administration 11

5.0 General Contractor Requirements 24

6.0 Terminal Specific Requirements 32

Contract Performance Requirements Summary (PRS) Table 39

Appendix A Regulations, Publications, & Forms 43

Appendix B Glossary of Terms 48

Appendix C Payment Instructions 60

Appendix D List of Acronyms & Abbreviations 64

Appendix E Foreign Entity Vetting 66

1. BACKGROUND AND SCOPE

1.1 Background. Military Surface Deployment and Distribution Command (SDDC), headquartered at Scott AFB, IL is an operational-level U.S. Army Command designed by the

Secretary of the Army as the Army Service Component Command (ASCC) of the U.S.

Transportation Command. Since its establishment in 1965, SDDC has played a vital role in our nation’s defense by providing support to every war, major contingency, training exercise and humanitarian relief operation where our Military forces been deployed.

1.2 Scope. Provide all Stevedoring and other associated vessel services, in connection with the import and export of U.S. Government (USG), Defense Transportation System (DTS) sponsored cargo. The stevedore contractor shall provide enough qualified labor, equipment, gear, tools, miscellaneous supplies, any required documentation, and management supervision to satisfy all task requirements provided within this Performance Work Statement (PWS).

1.2.1. This PWS will cover the full spectrum of stevedoring and associated vessel service to achieve vessel up load & discharge, where the contractor will make every effort to rectify labor and equipment shortfalls, for which the USG will compensate the Contractor by applicable commodity and/or man-hour rates as designated by the Schedule of Rates (SOR).

1.2.1.1 The stevedore Contractor shall be responsible for stevedoring services to include but limited to the lashing and unlashing onboard each vessel all USG vehicles, containers, assorted aircraft, and breakbulk cargos as well as provide other miscellaneous vessel services, supplies, materials, dunnage used for securing or crating cargo.

1.2.1.2 The Contractor shall assume all expenses for any work performed outside of the contract or without prior written authorization from the COR.

**NOTE: Subsequent references to the COR throughout the PWS will assume also the ACOR as well, unless otherwise specified.

2. GENERAL SECURITY REQUIREMENTS

General Security Requirements. General security requirements of the Contractor defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contract further defined in Section 6. –Port - Terminal Specific

Requirements (security).

2.2 Investigation Officers. The Contractor shall comply with investigation officers (IOs) with the authority of a command directed investigation, 15/6, or manual of the Judge Advocate

General (JAGMAN).

2.3 Controlled Unclassified Information (CUI). The overall classification of work associated with this contract is Controlled Unclassified Information (CUI). Personnel assigned to this contract will not require access to Non-Secure Internet Protocol Router Network

(NIPRNet) applications or UNCLASSIFIED Government systems and therefore not authorized to obtain a Common Access Card (CAC) or Alternative Smart Card Logon (ASCL) tokens.

2.4 Cyber

Ground Rules and Constraints.

2.4.1 Personnel Screening. The Contractor shall screen all personnel employed (both domestic and foreign national (within their home country)) to ensure they do not have criminal history, terrorism, threat-related activity, or alliances detrimental by which would be prohibitive from fully executing services considered a security risk to the USG or its Host Nation. The

Contractor shall also screen all prior US Military personnel for Military service criminal offenses. The Contractor shall not employ any person under this contract who is simultaneously an employee of the United States Government.

2.4.2 Security Badging. RESERVED.

2.4.3 Persons Excluded from the Premises. The Contractor shall not allow any person(s) banned by any authority from the premises to have access to terminal facilities, equipment, or other material related to United States Government (USG) operations.

2.4.4 Persons with Restricted Duties. The Contractor shall not allow a person restricted by any authority from certain equipment or areas to operate that equipment or enter areas as designated by the COR.

2.4.4.1 The Contractor personnel shall comply with applicable DOD security regulations, policies, and procedures.

2.4.4.2 The Contractor shall comply with all requirements associated with port access control.

The Government is not liable for any costs associated with performance delays due to the

Contractor’s failure to comply with the applicable port access control processing requirements.

2.4.4.3 Upon termination or completion of this contract, the Contractor shall surrender all

Government supplies, materials, and equipment to the COR. In addition, the Contractor shall turn over to the COR any security issued materials on the last day of the contract or upon any termination/reassignment of a contract employee.

2.4.5 Derogatory Information. If the Government notifies the Contractor that employment of any Contractor employee is prejudicial to the interests or endangers the security of the United

States of America, the Contractor shall remove and bar that person from Military operations.

This includes security deviations/incidents and credible derogatory information on Contractor employees or Subcontractors during the contract period.

2.4.6 Operations Security (OPSEC). The Contractor is required to be aware of OPSEC requirements from SDDC. Information included as part of the OPSEC Critical Information List

(CIL) is not releasable to the public. The Contractor’s personnel shall protect privacy, sensitive information, and data for duration of the performance of this contract.

2.4.7 Threat-Related Incidents. Persons employed by the Government will report threat-related incidents, behavioral indicators, and other matters of Counter-Intelligence (CI) interest specified in AR 381-12, Chapter 3, to the Facility Security Officer, the nearest Military CI

Office, the Federal Bureau of Investigation, or the Defense Counterintelligence and Security

Agency.

2.4.8 Foreign Entity Vetting. The Contractors shall submit a semi-annual report to the CO for each first tier foreign transportation service provider, operating as a separate legal entity, contracting directly with Contractor or its commonly owned legal affiliate, which has employees who may have physical contact with Government shipments in the ordinary course of contract performance. See appendix E for further instruction for this requirement. Compensation for services defined in this paragraph are included in the commodity rates established in the SOR.

2.4.9 Vehicle Identification. The Contractor shall obtain port access clearance for any vehicles used in performance of this contract. The Contractor shall submit a comprehensive list of vehicles required during the duration of this contract immediately upon award to the COR to obtain access. The list shall identify vehicle type, license plate, and owner/ company name.

Personal Owned Vehicles (POV) shall not be authorized entry in and around Government equipment unless identified as official vehicles critical to the success of the mission.

2.4.9.1 Security Regulation Guidance found at https://www.esd.whs.mil/dd/. Select under “DOD

Issuances” the following DoD Instructions and Manuals.

Department of Defense (DOD):

• 2000.12 (DOD Antiterrorism (AT) Program) https://www.esd.whs.mil/dd/

• 2000.16 (DOD Antiterrorism (AT) Standards)

• 5200.01 Volumes 1-3, (DODM Information Security Program)

• 5200.02 (DODM Procedures for the DOD Personnel Security Program)

• 5200.08-R (DOD Physical Security Program)

• 5220.22-M (National Industrial Security Program)

• 8500.1 (DODI Cyber Security)

3. GENERAL SAFETY REQUIREMENTS

3.1 General Safety Requirements. General safety requirements defined within this section.

Additional duties and requirements specific to the terminal(s) within the scope of this contact, further defined in Section 6.0 –Port - Terminal Specific Requirements (safety). All Army Safety

Regulations can be found at http://armypubs.army.mil

3.2 Enforcing and Monitoring Safety. The Contractor shall comply with, enforce, and monitor applicable host nation, international, and SDDC Transportation Battalion safety and fire regulations. The COR will log any discrepancies defined within the quality performance process. The Contactor shall establish and maintain an effective and comprehensive safety program. The Contractor shall support SDDC’s Emergency Disaster Plan (EDP). The

Contractor shall acquire, maintain, and require the use of safety equipment, personal protective equipment (PPE) (29 CFR 1918.101-106) and devices necessary to protect their employees on the port of Bremerhaven, and the vessel.

3.2.1 Safety Stop. The Government reserves the right to halt the Contractor’s operations when the Safety Officer, COR, or other Government representative observes unsafe practices or safety violation(s); where harm to life or damage to property are possible. The Contractor’s operations shall not resume until ‘at such time’ the Contractor corrects and revises their methods of operation to correct the safety violation, to the Safety Officer’s satisfaction. The Government will not compensate the Contractor for any time lost or incurred due to safety infractions. The

Government may hold the Contractor liable for any costs incurred to the Government, resulting from operational halts due to the Contractor’s unsafe safety practice or violation.

3.3 Safe Working Load. The Contractor shall adhere to local authority and DOD standards for “safe working load” for all Material Handling Equipment (MHE), to include cranes used in any LOLO operation.

3.3.1 Personnel Protective Equipment (PPE). The Contractor shall ensure all Contractor personnel, to include their subcontractors, wear proper PPE, to include but not limited to safety vest, steel-toed boots, hard hats, leather gloves, and long pants. Hard hats must be worn at all times, when working in “designated hard hat areas,” at minimum, wear hard hats while aboard the vessel(s), on wharves/piers, port terminal areas and when in and around USG cargo.

3.4 Shift Change. The Contractor shall provide fresh labor at the beginning of each shift who shall have at least eight (8) hours of rest between shifts before starting other work.

Exceptions to the above shall be at the 838th/950th Commanders discretion, whether contracted labor may work beyond this requirement, based on 838th/950th Battalion Safety Officer (BSO) http://armypubs.army.mil/

Risk Assessments, USG mission time restraints, and local commander’s acceptance.

3.5 Emergency Response Plan. The Contractor shall provide a comprehensive safety and security “Emergency Response Plan (ERP).” The plan will clearly outline procedures for emergency HAZMAT cleanup, or Petroleum, Oils and Lubricants (POL) spills from Military cargo shipments, or leaking MHE (e.g., forklifts and container top handlers) owned or leased by the Contractor, to include mitigating damage to property or the environment. When the

Contractor does not have sufficient resources of its own, the Contractor shall immediately arrange for outside emergency response personnel who specialize in spill containment and clean

up. The Contractor shall pay for clean-up resulting from the Contractor’s equipment or leaks caused by the Contractor, which cause damage to Military cargo shipments. The Contractor shall comply with hazardous spill procedures in the ERP.

3.5.1 Environmental Compliance Officer. The Contractor shall provide a qualified

Contractor employee who shall be the Environmental Compliance Officer (ECO) for hazardous materials (HAZMAT) handling. This employee shall be trained to assume command and control over environmental situation(s) by securing the scene/area, providing incident command and control, evacuating personnel, stopping the release, containing spills, decontaminating personnel, and requesting mutual aid from emergency services as required. Services defined in this paragraph are included as part of the commodity rates established in the SOR.

3.5.2 Leaking Cargo Shipments. USG cargo leaking POL or hazardous substances not caused by Contractor’s damage, the Contractor shall not be responsible for the cost of cleanup.

However, the Contractor shall attempt to contain the leak and clean-up the spill. The Contractor shall report immediately to the COR and Port Emergency Response Officer any leakage or spillage of hazardous substances found coming from or around any USG cargo. The Contractor shall not move any cargo leaking or spilling POL or any hazardous substances. The Contractor shall be responsible for cleanup “at its expense” from moving any cargo leaking or spilling any hazardous substances. For leaks not caused by Contractor’s damage, the Government will compensate the Contractor for cleanup of spills at established extra labor and equipment rates, and for materials used in the process of the cleanup.

3.5.3 Port Emergency Response Officer. The Contractor shall follow the directives provided by the Port Emergency Response Officer who shall assume command and control of the situation. The Contractor shall track and report to the COR on all cleanup efforts.

3.5.4 Spill Contingency and Incident Response Plan (SCIRP). The Contractor shall comply with all applicable environmental laws and regulations pertaining to marine and port facilities. A written Spill Contingency and Incident Response Plan (SCIRP) shall be submitted to the COR within ten (10) calendar days of contract award. At a minimum, this plan shall comply with all applicable directives of the environmental guidance and instructions per the United States Coast

Guard (USCG). The Contractor’s SCIRP shall specifically describe how the Contractor will prevent and respond to hazardous spill incidents. In addition, an acceptable secondary containment plan must be submitted in writing as part of the SCIRP.

3.5.5 In the event of accidental or deliberate discharge and the Contractor fails to mitigate and report the environmental hazard or spill, the Contractor shall be held liable for all costs associated with the incident.

3.5.6 Secondary Containment for Hazardous Materials, Wastes and Petroleum, Oils and

Lubricants (POL). At the Contractor’s expense, the Contractor shall provide containment devices of various sizes if required for temporary and permanent storage facilities that retain

POL substances, hazardous materials, and hazardous wastes (i.e., - new and used – oils, fuels, lubricants, solvents, batteries, acids, paints, antifreeze, etc.).

3.6 Specialized Government Equipment Operation and Familiarization. Any employee of the Contractor assigned to operate vehicles (if applicable) during the performance period of this contract shall have proper vehicle licensing, applicable to German motor vehicle laws and certified by the Contractor to be being fully qualified to operate that equipment for which they are assigned IAW Army Regulation (AR) 600-55.

3.6.1 Those personnel at minimum, if operating Government vehicles, been familiarized in:

• Basic hand and arm signals.

• Emergency stopping procedures.

• Start-up and shutdown procedures.

• Location of controls.

• Demonstration of vehicle blind spots.

• Preventive maintenance checks and services.

The Contractor must document all required operator qualifications and provide this documentation, driver’s License, with hazardous material endorsements (if applicable) to the

COR prior to the Contractor’s personnel engaging in equipment operation. The COR will retain this documentation for record. If the Government makes “operation and familiarization” training available onsite, the Contractor shall attend those training events at Man-hour rates per schedule

2 of the SOR.

3.6.2 The Contractor shall not use ammunition and explosives laden MHE or vehicles during operator training at any time.

3.6.4 The Contractor shall establish a remedial training program for MHE operators who have had driver at-fault accidents, safety violations, misused equipment, or otherwise demonstrated a need for additional training. The COR may also identify individuals who require remedial training. The Contractor shall direct this training towards identifying and correcting individual weaknesses. The Contractor shall conduct remedial training at no cost to the Government.

3.6.4 The Contractor shall provide as part of this contract two (2) POCs with HAZMAT certification for oversight in handling hazardous cargo IAW 49 CFR Part 172.704(d) for each operation and port location when handling HAZMAT cargo. The POC shall ensure that their employees comply with “DFARS 252.223-7002, SAFETY PRECAUTIONS FOR

AMMUNITION AND EXPLOSIVES; DOD 4145.26-M; DOD CONTRACTORS SAFETY

MANUAL FOR AMMUNITION AND EXPLOSIVES; and DESR 6055.09, DEFENSE

EXPLOSIVES SAFETY REGULATION in handling ammunition and explosives. The

Contractor’s personnel shall meet the qualification for personnel who pack dangerous goods, load/unload cargo transport units, handle dangerous goods in transport, and load/unload dangerous goods into/from ships as specified in IMDGC Chapter 1.3, Training and 49 CFR Part

172 Subpart H; Training.

3.7 Safety Briefings. The Contractor shall, as part of all commodity and/or extra labor ordered, conduct and document safety briefings for all workers prior to the state time of all operations and at each shift change. The Contractor shall provide a mandatory safety briefing to new personnel, added to the work party. The Contractor shall conduct safety briefings with the presence of a SDDC Government representative. The COR or SDDC Safety Officer may provide the Contractor with a checklist of safety and security topics to brief the Contractor’s labor prior to the start of vessel or terminal operations, and may also participate in these briefings. Safety briefings conducted by the Contractor shall relate to vessel operation and at a minimum, must meet local German authority and/or DOD regulatory guidance requirements.

The Contractor shall conduct safety briefings in both English and the German language.

Safety briefings shall include the following basic information:

3.7.1 Overall General Safety Requirements

• Work tasks performed

• Responsibilities (who reports unsafe conditions and to whom)

• Injury and property damage reporting procedures

• Required PPE for personnel on the terminal

• Designated smoking areas

• Emergency procedures (phone numbers, evacuation routes/procedures, rally locations, accountability)

• Location of emergency equipment (fire extinguishers, personal flotation devices

(PFDs))

• Weather/temperature conditions

• Communication (signals, flagman duties, radios, no cell phones etc.)

• Walking/tripping hazards

• Pedestrian and traffic movement

• Gangway & ramp safety

• Person in water/man overboard (prevention, recovery, and survival)

3.7.2 Traffic Safety

• Driver distractions (no cell phones)

• Seat belts (mandatory)

• Pier specific vehicle procedures (lights, keys, mirrors etc.)

• Speed limits on the vessel

• Parking locations

• Traffic flow

• Use of ground guides when moving (ramp/backing/stow)

3.7.3 Task or Terminal-Specific (as applicable)

• Terminal characteristics

• Safe equipment operation (MHE, vehicles (verify trained/certified/licensed)

• Vessel safety (ramps guards, ramp traffic)

• Ladder safety

• Use of fall protection

• Safe lifting and lashing procedures

• Unusual loads

• Evacuation distances and rally points

• Fire-fighting guidance

• First-aid (process/locations)

• Reporting of all dropped containers/munitions

• Net Explosives Weight (NEW) limits

• Safe explosives handling procedures (if applicable)

3.8 Government Safety Briefing. The Government, at its discretion, may conduct additional safety briefings when necessary and per local Commander’s guidance. The

Government’s safety briefing may include information from above or other necessary

Command-related information or additional safety concerns. Compensation (unless contractor for safety violations) for the Contractor’s labor shall be per schedule 2 of the SOR.

3.9 Operation of Contractor Owned Equipment. The Contractor shall maintain and operate all Contractor equipment owned/used during operations IAW applicable local port authority, laws, DOD regulations, directives, instructions, and pamphlets, whichever are more stringent. Cargo damage or injury related to use of non-compliant or improper equipment used will result in immediate work stoppage and non-use of Contractor’s equipment until action taken to repair/replaced equipment. The Contractor shall replace any non-compliant equipment to minimize any delay or hindrance to USG operations. The Contractor shall notify the COR when their equipment becomes compliant and before it is used again.

3.10 Damage, Accident, and Loss Reporting. The Contractor shall immediately notify the

COR of any incident and/or accident that results in damage to cargo or property, release of hazardous substances, injury, and/or death to any personnel during or arising from performance under this contract.

3.10.1 Reportable Accident(s). In all instances accidents are reportable (meets the minimum criteria IAW AR 385-10 & DA PAM 385-40 for ground Class A–D accidents) or incident occurs, Contractor shall submit a preliminary accident investigation report to the COR and

SDDC Safety Officer within 24 hours. The Contractor shall follow up with a full accident investigation report identifying all root causes and corrective actions provided to the COR and

HQ SDDC Safety within 30 days of when the accident occurred. The Contractor shall also report all accidents or cargo damages that do not meet minimum criteria as stated above to the

COR by the end of each shift during the operation.

3.10.1.1 The Contractor shall submit documentation to the COR verifying the qualifications and task training for each employee involved in the incident/accident.

3.10.1.2 The Contractor shall submit all maintenance records for Contractor-supplied equipment involved in the incident/accident.

3.10.1.3 The Contractor shall assist the Government during any accident or serious incident investigation.

3.10.2 Preserve Critical Evidence. After an accident or serious incident occurs, the Contractor shall secure the accident location and preserve critical evidence. The Contractor shall allow

Government personnel access to the location, all evidence, and all Contractor-employee witnesses, to include operators involved in the accident. The Contractor shall ensure that operations do not resume until cleared by the COR, SDDC Safety Officer, and local authorities.

3.10.3 Reporting Timelines and Requirements.

3.10.3.1 Accident Information required from Contractor within 4 hours of incident:

• Date and time of incident

• Location of incident

• Brief synopsis of the accident, to include injured personnel, equipment damaged and description of activity during the incident

• Supervisor name and contact information

• List of employees involved or who witnessed the incident

• Extent of injuries and if medical treatment was administered

3.10.3.2 Accident Information required from Contractor at 24 hours:

• Status of injured personnel

• Pictures of affected equipment

• Training certificates/licenses for personnel involved in incident

• Maintenance records of equipment involved in incidents

3.10.3.3 30-Day (or sooner if investigation is complete) Information required from

Contractor

• Findings identifying the root cause(s) of the accident

• Corrective actions taken to prevent recurrence

• Follow-on status of any injuries from 24-hour status

• Final incident report from Contractor’s safety representative to COR

3.11 Hazardous Spills & Supplies. The Contractor shall immediately contain hazardous spills and wait for the emergency chemical response team to arrive. At no additional cost to the

Government, the Contractor shall maintain supplies for emergency response for hazardous spills on the vessel. These supplies shall be available or accessible, in a quantity and size determined by the Contractor, to resolve a ten (10) gallon spill or five (5) cubic feet of materials, wastes, or contaminants that may potentially affect or impact environment. The Contractor shall clean and dispose of waste materials per environmental standards.

3.12 Posted Vehicle Speed Limits. The Contractor shall ensure all designated speed limits as directed or defined by the SDDC Commander or Safety Officer are always adhered too during vessel operations. Speed limits for all USG vehicles, or contractor MHE equipment inside a vessel, on vessel ramps, on the dock/pier is <5 MPH or less.

3.13 Vehicle Safety. The Contractor shall not, leave any vehicles unattended onboard the vessel when the engine is running.

3.13.1 Vehicles with air braking systems that have been determined to be inoperable (i.e., air system have been compromised, brakes have been caged or considered freewheeling) “must not” be left unattended. Vehicles in this condition must be, labeled clearly with chalk on all sides

“NO BRAKES”.

3.13.2 All Contractor-provided vehicles, MHE shall have mounted fire extinguishers and first aid boxes with an up-to-date inspection sticker/documentation and inspected monthly.

3.13.3 During vessel operations, no obstructions shall remain idle across watertight door areas.

Maintain only one vehicle moving up or down vessel ramps at all times, and test vehicle brakes before moving the vehicle. The Contractor shall station ramp guards with whistles at all ramps used to control traffic and alert foot traffic.

3.14 Safety (traffic) Cones. The Contractor shall place safety cones in all areas where the control of foot traffic in needed onboard the vessel or around LOLO operations. Safety cones shall be standard size 60-80cm, bright red or green in color, and weighted to prevent tipping, cation tape or other restrictive measure attached along the tops linking each cone where high foot traffic is unavoidable.

4. GENERAL CONTRACT ADMINISTRATION

4.1 General contract administration defined within this section and additional administrative requirements specific to the terminal(s) within the scope of this contract further defined in

Section 6.0 –Port - Terminal Specific Requirements (administration).

4.1.1 Port Licensing and Permits. The Contractor or their subcontractor shall possess a valid and current business license/work permit issued by the applicable Port Authority from/for the

Port of Bremerhaven as evidence, proving legally the ability to work at the port, and must provide photocopies of each (prime Contractor and/or Subcontractors) to the CO for record as part of the post award.

4.1.1.1 Subcontractor Agreements. The Contractor shall include a clause as part of this contract in all subcontract agreements, requiring all subcontractors doing work on behalf of the prime Contractor to comply with all applicable regulatory requirements described within this contract. The Contractor shall also include a clause in each applicable subcontractor agreement to requiring the subcontractor's cooperation and assistance in accident reporting and investigation.

** NOTE: Subsequent references to the Contractor shall imply their “employees or subcontractor”, unless otherwise specified.

4.1.2 Labor Rules and Port Tariffs. The Contractor shall submit copies to the USG (if applicable) all current labor rules and port tariffs (translated into English). The Contractor shall also furnish updated information about specific changes to labor contracts, local work rules, or port tariffs affecting cargo operations IAW the performance of this contract as those changes occur or when published.

4.1.2.1 The Government will take responsibility for all tariff charges or port fees generated throughout the course of this contract.

4.1.3 Contract Managers. The Contractor shall provide a contract manager(s) and at least two (2) alternates who shall be responsible for the performance of the work. The Contractor shall provide telephone numbers for each of the contract manager(s) and their alternates where these individuals may be contacted during and after duty hours. The contract manager(s) shall have demonstrated experience in directing and managing stevedoring operations. The contract manager(s) and their alternates must be able to read, write, speak, and understand English fluently.

4.1.3.1 The contract manager(s) and alternates shall have full authority to act for the Contractor on all matters pertaining to the performance of services under this contract.

4.1.4 Multiple Work Sites. During the performance of this contract, the Contractor shall work simultaneous stevedoring operations, to include but not limited to working multiple vessels & multiple decks simultaneously. The Contractor shall have their contract manager(s) or alternates always present at each work site and accessible to the COR. At any other time (i.e., outside vessel operations) the contract manager or their designated alternate(s) shall be available to the

COR by telephone.

4.1.4.1 The contract manager or their designated alternate shall meet as necessary with the COR to discuss contract performance or other problem areas or issues.

4.1.4.2 The Contractor shall not replace/remove the contract manager or alternates without informing the COR.

4.2 Ordering Services. The Contractor shall establish procedures for ordering stevedoring services, equipment or materials and set cut off times to cancel ordered services and convey those times and instructions to the COR/OO within two (2) days of contract award. All stevedoring services performed IAW this PWS, will be ordered using a Task Order (TO) system.

Task orders will be assigned a TO number and issued by an appointed OO to the Contractor and

IAW the clause of this contract.

4.2.1 Task Orders. All services shall be identified by the COR and conveyed to an appointed

OO. The OO will develop as soon as practicable and prior to the start date & time for each day stevedoring services are ordered an initial commodity, man-hours, or miscellaneous cost estimated Task Order (ordering template). This TO will identify all commodity, man-hour, materials, or associated services agreed upon between the COR and the Contractor.

4.2.1.1 Task Orders will incorporate separately (vessel upload and discharges) for all known vessel work, completed per vessel. As stated elsewhere any work performed prior to an issued numbered TO will be at the expense of the Contractor.

4.2.1.2 Cancellation of Services. No compensation is applicable when ordered services are, cancelled prior to the established cancellation cut off time(s). The Government will not compensate for the Contractors gear or equipment.

4.2.1.3 The COR/OO or their designated representative will notify the Contractor of cancelled services by telephone, email, or other communications to be followed by written memo.

4.2.2 Verbal request. During any operation, the COR may also identify additional labor, services, or equipment needed verbally to the Contractor when necessitated by the mission/operation and will issue a signed written request. The Contractor shall present those written requests to the OO within 24 hours of completing the mission/operation for reconciliation.

4.2.3 Reconciliation and Validation. The COR and the Contractor shall reconcile all services ordered within seven (7) days of each vessel completion. The Contractor shall review all supporting documentation (logbook, tally sheets, or time sheets). The COR and Contractor shall agree and shall sign (digital or wet signature) all SDDC Form 288’s capturing all commodity, labor and equipment used per each operation. The OO will finalize the TO within 7 days each mission/operation with the COR, accounting for all charges for cargo commodity work, materials, extra labor as well as the Contractor performance. The OO will submit a final task order to the Contractor for invoicing. The Contractor shall submit their invoice for payment to the COR for certification and submittal for payment processing.

4.3 Out-of-Pocket (OOP) Expenses. OOP expenses are used for contractor cost reimbursement on behalf of the USG for any unknown cost associated to the mission/operation

(at the time of need or in advance) when the COR/OO approves such needed or additional materials, supplies or equipment (rental) provided by the contractor. OOP Reimbursement for actual payments are made to the Contractor.

4.3.1 The Contractor shall substantiate all OOP expenses by submitting the paid vendor invoice or receipt to COR/OO. OOP expenses will be ordered and reimbursed only for mission related services and materials identified in writing by the COR/OO and ordered on the TO template.

4.3.1.1 OOP expenses, used for purchasing new supplies or non-durable goods. The Contractor shall obtain written approval from the COR for each item requested. All such materials or supplies shall become Government property, the Contractor shall recover all serviceable materials and supplies from each operation for re-use for subsequent ordered operations when possible. The Contractor shall gain prior written approval before the purchase of additional materials from the CO/COR for OOP expenses exceeding the threshold of $3,500 per individual item, additionally administrative fees (e.g.; delivery charges or taxes) are allowable OOP expenses and compensation shall be set forth in schedule 8 of the SOR.

4.3.2 Government owned defined as either material purchased by the Government for use in support of this contract or materials purchased by the Contractor for the Governments use. All material purchases shall be approved by the COR for Government use and for which the

Contractor presents to the COR/OO valid vendor receipts for reimbursement.

4.3.3 3rd Party logistics (3PL) / Subcontracted Services. When required by the COR, the

Contractor shall provide subcontracted services that include, but not limited to welding services, or specialized rental equipment. The Government will reimburse the Contractor for actual cost

(vendor invoice or receipts required), and for any transportation expenses associated with furnishing ordered materials, equipment, supplies, and subcontracted services.

4.3.3.1 The Government may source specialized materials or subcontracted vendors to support mission readiness at its discretion and may require the Contractor to procure those materials or services on its behalf.

4.4 Training and Contingency Operations. The Government reserves the right to conduct training or in contingency, all, or part of port/vessel operations with Department of Defense

(DOD) personnel. During scheduled training or unscheduled contingency port/vessel, operations the Government may elect to load or discharge any vessel or perform any related longshoring or stevedoring operation. During these scheduled training or contingency events, the Government may utilize Military personnel for loading and discharging the entire vessel or part thereof; or may conduct routine terminal or other port/vessel operations or any part of those operations thereof. Unless services are otherwise ordered, the Contractor shall not receive any compensation for cargo handling operations conducted by the DOD during these scheduled training or contingency events, however compensation for Contractor provided equipment or other facility support shall be paid at established rates in the SOR.

4.4.1 The Government will inform the Contractor when such scheduled training or contingency operations are known, but no-later-than (NLT) 48 hours prior to the event. During these training or contingency special operations events, the Government may request from the Contractor to provide in part or normal stevedoring services, as determined by the COR/OO. The COR will also determine classes of labor and equipment to support those designated DOD operations.

Unless full commodity work is provided, the Government will compensate the Contractor for any labor and equipment ordered at man-hour and equipment rental rates established in schedules 2 and 4 of the SOR.

4.5 Commodity Operations. Government cargo, divided into four general commodity categories: containers, vehicles, aircraft, and breakbulk. Each category further classified by weight and method of handling and priced as follows. Please refer to appendix B of the

Glossary.

• Commodity 20 – Explosives and Hazardous commodities packed in pallets, crates, boxes (includes gases, or radioactive), shall be priced in MTON’s

• Commodity 25 - Explosives and Hazardous packed commodities- Containers 20’and

40’in length or multiple knuckled containers configured into Twenty Foot Units

(TEU’s), shall be priced as each (EA).

• Commodity 35 - Aircraft shall price as each (EA).

• Commodity 40 - Breakbulk items shall be priced in MTON’s

• Commodity 44 - Containers less than twenty foot in length shall be priced as each

(EA) (i.e. ISUs, Bicons, Tricons, Quadcons)

• Commodity 45 - Containers 20’and 40’in length or multiple knuckled containers configured into Twenty Foot Units (TEU’s) priced as each (EA).

• Commodity 47 - Household Goods shall be priced in MTON’s (crates, boxes, pallets)

• Commodity 50 – Refrigerated, chill/freeze priced in MTON’s (crates, boxes, pallets)

• Commodity 60, 61, and 67 – Vehicles and trailers classified by weight, shall be priced as each (EA) or (by the unit)

4.5.1 Commodity Rates. Commodity rates are inclusive of all planning activities, lashing/unlashing cargo, labor, gear, MHE, materials, vessel housekeeping, documentation and all cargo & lashing inspections associated to handling the movement of USG cargo. Labor for commodity rates, shall be based on work performed during regular workday shift.

4.5.2 Pricing. Pricing shall be by the “individual piece/unit EACH (EA)” or “Measurement

Ton (MTON)”.

• Containers (TEU’s, 20’, 40’) in commodity code 25

• Containers (less than TEU’s) in commodity code 44.

• Containers (20’ to 40’) non-explosive commodity 45

• Wheeled & tracked vehicles based on their weight, commodity codes 60, 61, & 67 combination of weight and the method of move EA.

• Aircraft commodity code 35 EA,

• Breakbulk, or other cargo not otherwise specified above, MTON.

4.5.3 Measurement Ton Calculations. The Government will calculate MTON using cargo dimensional data, Length, Width, and Height divided by forty (40) cubic feet. Example: “20ft container” dimensional measurements of (L) 240in (W) 96in (H) 96in divided by 1728 then divided by 40 will equals 32 MTON’s. This would look like 240” times 96” times 96” =

2,211,840 square inches divided by 1728” (square inches in cubic foot) divided by 40 Cubic foot

= 32 MTON’s.

4.7 Guaranteed Time and Detention Time.

4.7.1 Guaranteed time, defined as the time worked for which the contractor is required to pay his employees to comply with guaranteed time (minimum time) requirements of labor agreements applicable to the Contractor and his employees. The Government will compensate the Contractor for guaranteed time (hourly base rates per class of labor) when commodity work fails to materialize for the minimum time the contractor is guaranteed, i.e. during commodity operation, the Contractor shall receive in addition to the commodity rates, minimum work guarantees. For the purpose of this contract, guaranteed time is four (4) hours per working day.

The Government shall pay the Contractor for guaranteed time at established rates in schedule 2 of the SOR.

4.7.1.1 The Government will not compensate guaranteed time to the Contractor where local labor agreements do not exist. The Government will not compensate guaranteed time when labor is ordered; cargo or freight is available to work at the work; but not worked due to Contractor’s inability or shortfall to provide personnel or equipment.

4.7.2 Detention. Labor Detention, defined as time lost due to work stoppage or interruption of work during commodity operation.

4.7.2.1 When detention occurs during a commodity operation, the Contractor shall absorb each detention period of fifteen minutes or less. The Government will compensate the Contractor at detention rates (schedule 3A) for labor, including checkers and equipment operators (drivers), for detention more than fifteen minutes including the first fifteen minutes and each minute thereafter. Unless approved by the COR, the Government will not compensate detention time on/for Contractor equipment.

4.7.2.2 Detention time (may also be called stand-by time), used to compensate the Contractor for work stoppage during commodity operations. Examples of this include, but are not limited to, changes in operational plans (i.e. change to staging or stow plans would cause stoppage or delays). Should the Government change planned work or have to halt commodity work or alter other plans during a commodity operation, the COR will notify the Contractor. The Contractor shall immediately notify the COR, work has stopped and try to continue working where work is available. The Contractor shall redirect or shift their labor and equipment to other locations to reduce stoppage where detention time may result. If there is lost time at the fault of the

Contractor, they shall be liable for lost time and their labor shall remain on commodity. The

COR shall be notified of work stopped.

4.7.2.3 Detention time (stand-by time), and extra labor, will be computed to the nearest 5-minute multiple, and payable to the Contractor during commodity work being performed. Stand-by time and Extra Labor (XL) rates, specified in schedule 2 and labor detention rates in schedule 3A of the SOR.

4.7.2.4 The Government will not compensate the Contractor for detention of any class of labor not required for commodity operations, when dependent upon other classes of labor performing a commodity service. This includes all classes of general labor, checkers and supervision needed for commodity service for vessel services. As an example, loading a vessel is inclusive of services such as draying (maintenance, ground guides, and drivers) the cargo from its staging area through tally and checkers and stowing it aboard the vessel and completely securing (ramp guards, lashers) the cargo. General labor, drivers, checkers, lashers, and supervision conducting commodity operations of loading the vessel are dependent upon each other under commodity rates. Drivers or lashers performing services during vessel load may wait for others to perform or complete their services. No class of labor is authorized detention while others are present and performing commodity work.

4.7.2.5 If detention or standby time results from extra labor operations, the Government will compensate the Contractor for actual detention time utilizing detention rates on the SOR. As an example, if a percentage of labor is required to perform XL work at the request of the COR, and it causes other classes of labor to stop working, the Government will compensate the balance of labor standing by at detention rates. If certain classes of labor are required to standby because other classes of labor are performing an extra labor operation, then the Government will compensate those classes of labor at XL rates.

4.7.2.6 The Contractor shall provide to the COR their approved documentation (time sheets or log book) justifying detention at the end of each day/shift wherein the detention or standby occurred.

4.8 Extra Labor (XL). The Contractor shall provide at the discretion of the COR, labor, and equipment, as ordered by the OO, for miscellaneous or terminal services within the scope and intent of this contract. Unless services are occasioned by fault or negligence of the Contractor, the Contractor shall be compensated at the XL and EQR rates established in schedule 2 and 4 of the SOR. The Government will not compensate the Contractor for detention or standby time that occurs during ordered extra labor operations.

4.8.1 Miscellaneous services include, but are not limited to, the following:

• Carpentry work in excess of normal lashing, blocking & bracing

• Welding & burning

• Re-handling, removing, and shifting of cargo (Military or commercial)

• Building or dismantling of sheathing and nailed floors

• Handling of ships' stores & materials

• Assisting Government personnel for vessel services, exercise, and contingency operation.

• Other miscellaneous vessel operations

4.8.2 When performing extra labor services, the Contractor shall furnish all gear and necessary equipment (operator included) required performing the requested service. Labor (schedule 2) and Equipment rental (schedule 4) of the SOR rates shall apply.

4.9 Overtime. Overtime, defined as time/hours worked beyond scheduled workday. As an example, if normal or regular workday hours are from 0800 - 1700, Monday through Friday and operational requirements require that labor work past the scheduled workday, the hours worked after the workday/week may include overtime wages. This may also include meal hours, weekends, and holidays. Overtime compensation shall be calculated time past the scheduled workday shift and shall be determined IAW local established overtime laws (as applicable).

4.9.1 Ordered Overtime. The Contractor shall, when requested by the COR, provide labor for requested overtime work (include weekends and holidays). Compensation for overtime work shall include the regular hourly rate (schedule 2) plus the overtime differential rate in schedule

3B of the SOR, (base pay + OT differential rate = OT rate) overtime pay shall be rounded to the nearest 5-minute increment and compensated in addition to commodity rates or extra labor rates when worked.

4.10 Shift Differentials. When work is performed in 2nd or 3rd shift(s), the Contractor shall be compensated in accordance with the applicable shift differential rates set forth in schedules 3B and 3C in the SOR. When work, performed on an extra labor basis, applicable differentials rates in schedules 3B or 3C, added to base hourly labor rates in schedule 2. (Base pay + differential rate). Shift differential compensation shall be the calculated time past established regular work day shift and shall be determined IAW local established laws (as applicable).

4.10.1 Shift Differential Example:

Description

Day Shift

XL Rate

Straight Time

1st Shift Overtime

Man-Hour Rate

Differential

Total Hourly

Rate

Stevedore labor $45.00 $12.50 $57.50

Stevedore Forman $45.00 $12.50 $57.50

Stevedore Supervisor $50.00 $15.00 $65.00

1st Shift

XL Rate

Straight Time

2nd Shift

Differential

Stevedore labor $48.00 $3.00 $51.00

Stevedore Forman $48.00 $3.00 $51.00

Stevedore Supervisor $54.00 $4.00 $58.00

3rd Shift

XL Rate

Straight Time

3rd Shift

Differential

Stevedore labor $51.50 $3.50 $55.00

Stevedore Forman $51.50 $3.50 $55.00

Stevedore Supervisor $58.50 $4.50 $63.00

4.11 Start Time. The Contractor shall be flexible for work start times. The Government will discuss vessel work at each planning meeting, where an established workday start time is established. Start times that start, later than regular working hours shall include established differential rates, and shall not include overtime until a full regular workday hours are met.

4.11.1 The Contractor shall obtain COR written pre-approval to work in all conditions specified under detention, extra labor, or overtime.

4.12 Equipment Rental Rates (EQR). All EQR listed in schedule 4 of the SOR shall be billable by the hour or day. Daily equipment rates shall imply 24 hours of use with appropriate operators changed as needed. Rental of equipment not listed in the SOR is subject to the same conditions as above and reimbursed at OOP expense, all equipment used are subject to written approval by the COR. Equipment Rental rates applies to equipment owned by the Contractor and used/billed during XL operations. For commodity operations, the Contractor equipment used is inclusive of the commodity activity rate (i.e. vessel).

4.12.1 Contractor Equipment Used for Extra Labor Situation. The Government will reimburse the Contractor for its use of equipment based on established rates in the SOR. When

Contractor equipment used for both Commodity work and XL on the same day/time, the

Government will compensate the Contractor for the actual time the equipment was used in an

Extra labor situation verified and approved by the COR.

4.13 Contract Labor Reporting. The Contractor shall provide as requested by the COR, a daily time keeping logbook for verification of labor and services provided for each shift per day’s operations, for the purpose of reconciliation. Breakout will include the description of service, total quantities of labor by class, hours worked to the nearest 5 minute interval, and significant events of the day.

4.14 Timekeeping. The Contractor shall maintain timesheets, with 100% accuracy, for all contractual services furnished. The timesheet shall include the following information:

• Date & time of operation

• Work was performed on daily shift or continuous shift

• Number of laborers, by class type of labor used, and hours worked

• Type, number, and hours equipment is utilized

• Times and reasons for any work stoppages (detention, standby time)

Timesheets will be verified by the COR. Compensation for services defined in this paragraph are included in all commodity rates established in the SOR.

4.14.1 Time Management. In addition to all other requirements stated elsewhere, the

Contractor shall provide the Government with:

4.14.1.1 Cost Data. The Contractor shall segregate and accumulate cost data relating to this contract for each type of operation (examples: loading and discharging vessels, extra labor, detention, equipment usage, and OOP used).