Atch 1 -PWS - Bremerhaven Longshoring Final review (BM) 4-28-20.pdf

PERFORMANCE WORK STATEMENT

LONGSHORING & WAREHOUSING SERVICES

PORT OF BREMERHAVEN, GERMANY

Performance Work Statement for Longshoring and Warehousing Services

Port of Bremerhaven

950th Transportation Company

Bremerhaven, Germany

28 April 2020

Longshoring and Warehousing Services

Performance Work Statement

TABLE OF CONTENTS

Section Topic Page

1.0 Background & Scope 2

2.0 Security 3

3.0 Safety 6

4.0 Contract Administration 12

5.0 Contractor General Requirements 26

6.0 Terminal Specific Requirements 39

Performance Requirements Summary Table 51

Appendix A Regulations, Publications, & Forms 55 Appendix B Glossary of Terms 64 Appendix C Payment Instructions 76 Appendix D List of Acronyms & Abbreviations 80 Appendix E Foreign Entity Vetting 82

1. BACKGROUND & SCOPE

1.1 Background. Military Surface Deployment and Distribution Command (SDDC), headquartered at Scott AFB, IL is a major U.S. Army Command and a vital component 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 have been deployed.

1.2 Scope: The contractor shall provide all Longshoring and Warehousing Services in connection with the import and export of Defense Transportation System (DTS) sponsored cargo. This Performance Work Statement (PWS) will cover the full spectrum of handling surface moving cargo for the US Government (USG). Services will include but limited to the receipt, disposition, warehousing, storage and processing cargo, The Contractor shall provide all labor, equipment, tools, documents, materials and miscellaneous supplies and services to satisfy the scope of this Performance Work Statement (PWS). The Contractor shall also provide all terminal specific requirements required.

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

1.2.1 The Contractor shall provide all gear, equipment, materials, space, management and sufficient amounts of qualified labor to satisfy the full scope of longshoring and warehousing in this contract and make every effort to rectify labor and equipment shortfalls, for which the Government will compensate the Contractor by applicable commodity or man-hour rates as designated by the Schedule of Rates (SOR).

1.2.2 The Contractor shall obtain the required written approval from the COR/OO for all work, services, or other terminal operations for which a task order number and ordering template will be issued. The Contractor will assume all expenses for any work performed outside of or without written authorization.

1.2.3 Upon the award of this contract, all work shall be performed IAW “best commercial practices”.

**Note: See Section 6 for additional specific geographic information and port specific requirements.

1.3 When requested by the COR/PSC, the Contractor shall provide all services under this contract for the duration requested at the designated areas in the Nord-Ost Kaiserhafen area.

2. GENERAL SECURITY REQUIREMENTS

2.1 The overall classification of work associated with this contract is UNCLASSIFIED.

Personnel assigned to this contract will not require access to Non-Secure Internet Protocol Router Network (NIPRNet) applications or UNCLASSIFIED government systems and are therefore not authorized to obtain a Common Access Card (CAC) or Alternative Smart Card Logon (ASCL) tokens.

2.2 Security Compliance / Deviations: If the Government notifies the contractor that the employment or the continued employment of any contractor employee is prejudicial to the interests or endangers the security of the United States of America (USA), that person shall be removed and barred from the worksite.

2.3 Ground Rules and Constraints

2.3.1 Personnel Screening. The Contractor shall screen all employees to ensure they do not have criminal records with the US or the Host Nation, and if Foreign National, screening within their home country. The Contractor shall also screen employees to ensure they do not have terrorism or threat-related activity or alliances detrimental to the US or the Host Nation. The Contractor shall 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.

2.3.1.1 Screening shall complement applicable badging processes and enhance force protection measures through document examination; verification; and biographical and security interviews.

Any applicant who refuses screening shall result in denial of applicant’s access for employment or termination. Once applicant screening process is complete, screening cell shall forward the packet with recommendation concerning that applicant’s suitability for access. Any derogatory information may result in applicant’s access denial or termination. Applicants who have been denied access due to derogatory information may file an appeal to the CO for review.

2.3.2 Persons Excluded from the Premises. The Contractor shall not allow a person that has been banned by any authority from the premises to have access to terminal facilities, equipment, or other material related to Government operations.

2.3.3 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 those areas.

2.3.4 The Contractor personnel shall read and comply with applicable DOD security regulations, policies, and procedures for access to installations and facilities.

2.3.5 The Contractor shall comply with all requirements associated with gaining access to the Port. The Government is not liable for any costs associated with performance delays due solely to the Contractor’s failure to comply with the applicable Port facility access control processing requirements.

2.3.6 Termination. Upon termination or completion of this contract, the Contractor will surrender all Government supplies, forms, materials, or issued equipment to the COR.

2.3.7 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. This includes security deviations/incidents and credible derogatory information on contract members during the course of the contract period. The Contractor receiving award of this task order shall make any changes necessary in the appointment(s).

2.3.8 Operations Security (OPSEC): All information furnished to the Contractor is to be used FOR OFFICIAL USE ONLY (FOUO). The Contractor is required to be aware of OPSEC requirements from SDDC. Information determined as FOUO or included as part of the OPSEC Critical Information List (CIL) is not releasable to the public. The Contractors personnel shall protect privacy, sensitive information, and “FOUO” data for duration of the performance of this contract.

2.3.9 Threat-related incidents. Persons employed by Army contractors 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 Security Service.

2.3.10 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.

2.3.11 Base access. RESERVED.

2.3.12 Vehicle Identification. The Contractor shall obtain installation/port access clearance for any vehicles used in performance of this contract. The Contractor will submit a comprehensive list of vehicles required during the duration of this contract immediately upon award to the COR in order to obtain access clearance. The list shall identify vehicle type, license plate, and owner/ company name. Personally Owned Vehicles (POV) shall not be authorized in and around Government equipment, unless identified as an official vehicle critical to the success of the mission. When submission of a new vehicle is necessary, only substitutions are acceptable to maintain a reasonable number of cleared vehicles authorized entry.

2.3.15 Security Regulation & Compliance. The Contractor will be required to comply with all security regulations and directives as identified herein, and other security requirements located in this contract. The contractor shall not divulge any financial, planning, programming, or budgeting information without the express consent of the Government as outlined in Operational Security (OPSEC) and Information Security regulations. Management personnel assigned to the contract is required to complete annual anti-terrorism/force protection and threat awareness and reporting program training, as designed by the CO or COR, attendance shall be at the Contractors expense.

2.3.16 Security regulation found at https://www.esd.whs.mil/dd/# . In search box, type “Security Regulation” and all references will appear.

Department of Defense (DOD):

2000.12 (DOD Antiterrorism (AT) Program)

2000.16 (DOD Antiterrorism (AT) Standards)

5200.01 Volumes 1-4, (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)

2.4 Cyber Security. In accordance with DFAR 252.204-7012, "Safeguarding Covered Defense Information and Cyber Incident Reporting”, Contractor is required to provide adequate security on all Contractor information systems used to receive, transmit, or store covered defense information. The Contractor will detail their compliance measures in a system security plan (SSP), submitted to the COR prior to start of work. If a cyber-incident occurs, within 72 hours of discovery the Contractor and/or subcontractor will report the incident to the following site:

https://dibnet.dod.mil.

https://www.esd.whs.mil/dd/ https://dibnet.dod.mil/

2.5 Handling of Non-Public Information. In performance of this contract, the contractor may have access to DOD information. The contractor agrees:

(a) To use and protect such information from unauthorized disclosure IAW DOD Instruction 8582.01: Security of Unclassified DoD Information on Non-DoD Information Systems;

(b) To use and disclose such information only for the purpose of performing this contract and to not use of disclose such information for any personal or commercial purpose;

(c) To comply with other current Federal and DoD information protection and reporting requirements for specified categories of information (e.g., medical, proprietary, critical program information, export controlled);

(d) To obtain permission of the Government Program Manager before disclosing/discussing such information with a third party.

3. GENERAL SAFETY REQUIREMENTS

3.1 General Safety Requirements of the Contractor are defined within this section.

Additional duties and requirements specific to the particular terminal(s) within the scope of this contact are further defined in Section 6.3 – Port - Terminal Specific Requirements (safety). The Contractor shall conform to all safety requirements contained within the contract for all activities related to the accomplishment of all work performed.

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 within the defined quality performance process. The Contactor shall establish and maintain an effective and comprehensive safety program. The Contractor shall support the SDDC Emergency Disaster Plan. 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 employees on the installation, port, and the vessel.

3.2.1 Safety Stop. The Government reserves the right to halt the Contractors operations when the Safety Officer, COR, or other Government representative observes unsafe practices or safety violation; where harm to life or damages to property are possible. The Contractors operations shall not resume until such time as the Contractor corrects and revises their methods of operation to the COR satisfaction. The Government shall not compensate the Contractor for any time lost or incurred by the safety infraction and the Government may hold the Contractor liable for any costs incurred by the Government, if operations are halted due to the Contractors unsafe practice or violation.

3.2.2 Government safety Briefings. The Government may conduct additional safety briefings at its discretion when necessary, directed by the local Commander’s guidance, during which time the Contractors labor is placed on standby time. The Government safety briefing may include information as prescribed in this PWS and any other necessary terminal or Command related safety information. Compensation shall be set forth in Schedule 3C of the SOR.

3.2 Safe Working Load. The Contractor shall adhere to local authority, and DOD standards for a safe working load for cargo handling gear, MHE and ship’s gear.

3.3.1 Clothing Requirements: In accordance with the requirements of the port authorities, the Contractor shall require all personnel working on the dock and in the ship to wear adequate attire, safety shoes, boots or rugged leather shoes, reflective vest and hard hat. The Contractor shall ensure their employees wear hard hats at all times when working in “designated hard hat areas” the Contractor shall at minimum ensure employees wear hardhats in aboard vessel(s), wharves, terminal warehouses, and open storage areas when in and around military 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 unit Commanders discretion, and decision weather contracted labor may work beyond this requirement, based on Safety Officer Risk Assessments to the Government and mission time restraints.

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 POL spills from military cargo shipments, or leaking Material Handling Equipment (MHE) (for example forklifts, tugs, 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 his own, the Contractor shall immediately arrange for outside emergency response personnel who specialize in spill containment and clean

up. The Contractor shall pay for any such clean up resulting from the Contractor’s equipment or leaks caused by the Contractor by damage to military cargo shipments and must comply with hazardous spill procedures in the Emergency Response Plan.

3.5.1 Environmental Compliance Officer. The Contractor shall provide a qualified Contractor employee who shall be the Environmental Compliance Officer (ECO) for HAZMAT handling. This employee shall trained 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 in the commodity rates established in schedule in the SOR.

3.5.2 Leaking Cargo Shipments. Military 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 for any leakage or spillage of hazardous substances on the ground or any leakage or spillage. The Contractor shall not move any cargo leaking or spilling POL or any hazardous substances, to which the Contractor shall be responsible for cleanup at their expense. The Government shall compensate the contractor for cleanup of spills at established extra labor, equipment rates and 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 will be responsible for assuming command and control of the situation by securing the scene, providing incident command and control, evacuating personnel, stopping the release, containing spills and decontaminating personnel.

Any clean-up efforts will be tracked by the Contractor and reported to the COR.

3.5.4 Spill Contingency and Response Plan. The Contractor shall comply with all applicable environmental laws and regulations pertaining to marine and port facilities to include but not limited to: A written Spill Contingency and Response Plan 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 Spill Contingency and Response Plan (SCRP) shall specifically describe how the Contractor will prevent and respond to spill incidents. In addition, an acceptable secondary containment plan must be submitted in writing as part of the Spill Contingency and Response Plan.

3.5.4.1 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.

3.5.5 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.).

3.5.5.1 The Contractor shall coordinate secondary containment units for all bulk POL storage tanks, fuel cans, barrels, bladders, etc. In addition, secondary containment units’ requirements apply to all tanks and/or containers from 5 to 55 gallons to include mobile tanker trucks used for refueling operations. All secondary containment structures shall be free from soil and sand accumulations.

3.5.5.2 In the event hazardous materials are required to be stored at the port where S&RTS contract services are being provided, the Contractor coordinates the use of storage cabinets with current inventory sheet and Material Safety Data Sheet (MSDS) provided to the Port Safety Officer.

3.6 Specialized Government Equipment Operation and Familiarization. The Government at its discretion may hold and the Contractor shall attend operational & familiarization events per (AR 600-55 section 6-5 a thru f). The local commanders shall ensure those designated as operators by the contractor shall attend operational & familiarization events on “how to start up and shut down certain vehicle procedures” due to the technology advances in types of engines, electrical systems, and other internal systems for specialized Government vehicles. The Contractor shall coordinate with its personnel to attend these Government provided events so that sufficient pools of vehicle operators are available to operate Government vehicles within confines of the port (29 CFR 1917) as required. Specialized Government vehicles may include, but are not limited to, all classes of Trucks, Stryker vehicles, Heavy Equipment Transporters (HETS), Mine Resistant Ambush Protective (MRAP) vehicles and Armored Tracked vehicles.

The Contractors Labor shall participate at established man-hour rates in the SOR.

3.6.1 At times, the Government may have field service representatives or vendor training onsite for new vehicle modeled equipment. The Government shall identify and provide vehicle operational & familiarization training for the Contractor’s employees to attend. The COR will coordinate the training events with the Contractor to ensure maximum participation. The Contractor’s Labor shall participate at the Contractor’s expense.

3.6.2 Operating Government vehicles. The Contractor shall ensure its personnel operating Government Vehicles possess valid civilian driver’s licenses or permits as required for operating military vehicles on and off the port.

3.6.2.1 Commercial Truck Drivers. The Contractor shall ensure that Drivers of Commercial Motor Vehicles shall have a valid Commercial Driver’s License appropriate to the type of equipment being operated when picking up military cargo. Commercial motor vehicles are laden with Hazardous Materials (HAZMAT), to include ammunitions Arms and Explosives (AA&E), the contractor shall ensure truck drivers licensed shall have the appropriate HAZMAT endorsement.

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

3.6.3 The Contractor will establish a remedial training program for drivers or operators who have had driver at-fault accidents or traffic violations, misused equipment, or otherwise demonstrated a need for additional training on military vehicles or equipment. The COR may also identify individuals that need 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 CFR49 Part 172.704(d) for each operation and port location when handling HAZMAT cargo. The POC will 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 DOD 6055.9-STD; DOD AMMUNITION AND EXPLOSIVES SAFETY STANDARDS in handling ammunition and explosives. The Contractors personnel shall meet the qualification for personnel who pack dangerous goods; load/unload Cargo Transport Units; handle dangerous goods in transport;

load/unload dangerous goods into/from ships as specified in IMDGC Chapter 1.3; Training and 49CFR Part 172 Subpart H; Training.

3.6.4.1 The Contractor shall provide the COR with a list of names each day of those drivers assigned to handle specialized vehicles, HAZMAT, or ammunition laden cargo per operation.

The list shall include a statement from the Contractor verifying that individuals performing these driving functions comply with All Army Activities (ALARACT) Message 069-2014 and

AR 600-55. The Government reserves the right to stop Contractor personnel at any time to verify their qualifications against the approved list of personnel scheduled to perform these functions. Any personnel found non-compliant, the Contractor shall remove that operator from handling this cargo and the incident reported to the COR, who shall report the incident in the monthly performance report.

3.7 Safety Briefings. The Contractor shall, as part of all commodity and extra labor operations, conduct and document safety briefings for all workers prior to all operations and at each shift change thereafter, and must brief new workers as any new labor is added. The Contractor will 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 Contractors labor prior to the start of vessel or terminal operations and may also participate in these briefings. Safety briefings conducted by the Contractor will relate to the type of operation (e.g. truck, vessel, rail, yard, crane, etc.), and, at minimum must meet, local authority and/or DOD regulatory guidance, or host nation requirements whichever is more stringent. Safety briefings shall be conducted in both English and, as applicable, in the Host Nation local language. Safety briefing should include the following basic information:

3.7.1 Overall General Safety Requirements

• Work tasks being 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 must be use

• Pier specific vehicle procedures - lights, keys, mirrors etc.

• Speed limits – pier side, staging yards, and on the vessel

• Parking locations

• Traffic Flow

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

• Rail crossings (if applicable)

3.7.3 Task or Terminal-Specific (as applicable)

• Terminal and yard configurations, distinctive characteristics

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

• Safe explosives handling procedures - (verify trained/certified/licensed)

• Vessel safety (ramps guards, ramp traffic)

• Ladder Safety

• Use of fall protection

• Safe lifting and lashing procedures

• Unusual loads

• Net Explosives Weight (NEW) Limits

• Evacuation distances and rally points

• Fire-Fighting Guidance

• First Aid (process/locations)

• Report any dropped containers/munitions

3.8 Operation of Contractor equipment. The Contractor must maintain and operate all Contractor equipment used during operations IAW applicable Host Nation, local authority, laws and regulations, DOD, Army, port, and terminal regulations, directives, instructions and pamphlets, whichever is more stringent. All vehicles/equipment shall, as a minimum, meet the mechanical inspection standards of the host nation technical surveillance. Damage to cargo or injury related to use of non-compliant equipment or improper use of equipment will result in immediate non-use of that Contractor equipment until the Contractor replaces the equipment or takes corrective action to repair equipment. The Contractor will replace any non-compliant equipment so that there will be no delay or hindrance to operations. The Contractor shall immediately replace, at his own expense, any contractor furnished vehicle/equipment as a result of a break down. The Contractor must notify the COR when the equipment is made compliant, and before it is used again. The US Government will not compensate for time lost due to a breakdown or any other failure of contractor furnished vehicles/equipment.

3.9 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 HAZMAT, injury, and/or death to any personnel during or arising from performance under this contract.

3.9.1 Reportable Accident(s). In all instances where a reportable accident (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. The Contractor will also report all accidents or cargo damages that do not meet minimum criteria to the COR.

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

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

3.9.1.3 The Contractor shall assist the Government during any investigation of an accident or serious incident.

3.9.2 Preserve Critical Evidence. After an accident or serious incident occurs, the Contractor shall secure the accident location and preserve critical evidence. The Contractor shall also allow Government personnel access to the location, any evidence, and any contractor-employed witnesses to include operators involved in the accident. Operations will not resume until cleared by the COR, SDDC Safety Officer, and local authorities.

4. GENERAL CONTRACT ADMINISTRATION

4.1 General contract administration is defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contract are further defined in Section 6.0 –Port - Terminal Specific Requirements (administration).

4.1.1 Port Licensing and Permits. The Prime Contractor or its named Subcontractor shall possess a valid and current Business License (BL) or work permit issued by the applicable Port Authorities for the Host Nation as evidence to work at all named ports within this PWS (see geographic info section 6.1) and must provide copies (prime and subcontractors) to the CO for record.

4.1.1.1 Subcontractors. The Contractor shall include a clause as part of this contract in all subcontracts to require subcontractors to comply with all applicable regulatory requirements and requirements of this contract. The Contractor shall include a clause in each applicable subcontract to require subcontractor's cooperation and assistance in accident reporting and investigation.

** Note: Subsequent references to the contractor shall imply their “employees or subcontractors”, unless otherwise specified.

4.1.2 Union Agreements and Port Tariffs. RESERVED.

4.1.3 Contract manager(s). 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 persons may be contacted during and after duty hours. The contract manager(s) shall have, as a minimum, five (5) years demonstrated experience in directing and managing port handling operations. Their alternates shall have, as a minimum, three (3) years demonstrated managerial experience in the port handling business. The contract manager(s) and 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.

4.1.3.2 Multiple Work Sites. During the simultaneous cargo handling operations performance of this contract, the Contractor will work at/on multiple locations/ships to include but not limited to working reception, vessel (multiple decks and vessels), and rail, truck, and disposition services operations. The Contractor shall have their contract manager(s) or alternates present at each work site and accessible to the COR at all times.

At any other time (i.e. outside cargo operations) the contract manager(s) or designated alternate(s) shall be available to the COR by telephone.

4.1.3.3 The contract manager and alternates shall meet as necessary with Government personnel designated by the CO to discuss contract performance or other problem areas or issues.

4.1.3.4 The contract manager or their alternates shall not be removed or replaced without informing the Government.

4.2 Ordering Services. All stevedoring services performed will be ordered under Task Order (TO). The TO template will be issued to the Contractor and IAW the clause of this contract.

4.2.1 All services shall be identified by the COR and conveyed to an appointed Ordering Officer (OO). The OO will develop an initial commodity, man-hours, or miscellaneous cost estimate identifying all services agreed upon between the COR and the Contractor as soon as practicable and prior to the start date & time for each day S&RTS services ordered. The TO will incorporate terminal services and vessel work separately. Terminal services will be calculated by the documented week (Doc-Week, Sunday – Saturday). Vessel work will be per vessel. Any work performed without an issued TO will be at the expense of the Contractor.

4.2.2 During an operation, the COR may also verbally identify additional labor, services, or equipment needed to the Contractor when necessitated by the operation and issue a signed written request. The Contractor shall confirm with the OO all verbal orders in writing within 24 hours of completing the operation.

4.2.2.1 The Contractor shall after each operation reconcile all services ordered with the COR and review all completed and signed (digital or wet signature by both the COR and Contractor) supporting documentation (SDDC forms MT 288, 290, log book, tally sheets, and time sheets).

The OO will finalize each TO with the COR, accounting for actual Contractor performance within 7 days. The OO will submit a final Amended task order to the Contractor for invoicing.

The Contractor shall submit an invoice for payment to the COR for certification and submit the invoice for processing.

4.3 Out-of-Pocket (OOP) Expenses. OOP expenses involve the reimbursement of actual payments made by the Contractor to a third party vendor, supplier or subcontractor on behalf of the Government.

4.3.1 OOP Expenses must be substantiated by the Contractor 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 by the COR/OO and ordered on the TO template.

4.3.1.1 OOP expenses do not include expenses inherent to performing Terminal Services. OOP expenses are for the purpose of purchasing new supplies or non-durable goods. The Contractor shall obtain written approval from the CO or COR for each item requested. All such materials or supplies shall become Government property and the Contractor shall recover all serviceable materials and supplies from each operation for re-use in subsequent ordered operations when possible. The Contractor shall gain prior written approval before the purchase of additional materials from the CO 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 Schedules 8 of the SOR.

4.3.2 Government owned is defined as either materials purchased by the Government for use in support of this contract or materials purchased by the Contractor for use. All material purchases shall be approved as an OOP expense by the COR for Government use and for which the Contractor presents to the OO valid vendor receipts for reimbursement.

4.3.3 3rd Party logistics (3PL). The Contractor shall supplement Terminal Services with 3rd party services when outside commercial licensed or certified services are needed, examples include but not limited to agricultural vehicle or container pressure-washing services, pest and vegetation control, security services, vehicle or aviation fuel service, and specialized rental equipment. The Government shall reimburse the Contractor for actual cost (vender invoice or receipts required), and for any transportation expenses associated with furnishing ordered materials, equipment, supplies, and 3PL services.

4.3.3.1 Extenuating Circumstances required 3PL service. Special 3PL supplies or services may be required or requested by the USG these 3PL’s may include but not limited to: Life Support Activities (LSA) for, personnel transportation, billeting, catering meals, mobile shower, and mobile laundry. The contractor shall source these services and advise the Government to expected cost estimates. When these extenuating types of service are needed, it will be only on exception, it will be through advanced notification and approval by the CO which will be only in direct support of extended work environments required by and for Government personnel. The USG will compensate the contractor for 3PL supplies or services to include administrative cost at cost reimbursable OOP expense.

4.3.3.2 The Government may source specialized materials or third party vendors to support mission readiness at its discretion, and may direct 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 operations with Department of Defense (DOD) personnel. During scheduled training or unscheduled contingency port operations the Government may elect to load or discharge any vessel or perform any related terminal operation.

During these scheduled training or contingency events, the Government may utilize military personnel for loading and discharging the entire or part of the vessel, or to conduct routine terminal or other port 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 S&RTS services, as determined by the COR then ordered by the OO.

The COR shall also determine classes of labor and equipment to support those designated DOD operations. Unless full commodity work is provided, the Government shall compensate the Contractor for labor and equipment at man-hour and equipment rental rates established in Schedule 2 and 4 of the SOR.

4.4.2 In addition to the above, the Government reserves the right to use skilled military drivers to operate, load, and discharge specialized, unique military vehicles and equipment at any time when determined it is the best interest of the Government. When military drivers are utilized the Contractor shall provide other designated support labor and equipment for all other stevedore related work (i.e. lashing, unlashing, or towing cargo) associated to that military operated cargo.

The Government shall compensate the Contractor at the lashing or unlashing commodity rate/s for only those pieces of cargo operated by military drivers. Commodity rates shall apply for all other cargo handled by the Contractor.

4.5 Commodity Operations. Government cargo is divided into four general commodity categories: containers, vehicles, aircraft, and breakbulk. Each category shall be further classified by weight, and method of handling and priced as follows. Please refer to appendix B of the Glossary. (See the Individual Governments Cost Estimate (IGCE) for further definition).

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

• Commodity 25/45 - 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 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, labor, gear, MHE, materials, scanning, documentation, and inspections associated to handling the movement of USG cargo. Labor for commodity rates shall be based on work performed during normal work day scheduled hours Monday through Friday.

4.5.2 Pricing. Pricing shall be by the “individual piece EACH (EA)” or “Measurement Ton (MTON)”. See IGCE for further description and definitions.

• Containers (TEU’s, 20’, 40’) in commodity code 25 & 45 (a, b, & c) EA.

• Containers (less than TEU’s) in commodity code 44 (a, b, & c) EA.

• Wheeled & tracked vehicles based on their weight, commodity codes 60, 61, & 67 combination of weight and the method of move (a, b, c, d & e) EA.

• Aircraft commodity code 35 (a, b, c) EA,

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

4.5.3 Measurement Ton Calculations. The Government shall calculate MTON using cargo dimensional data, Length, Width, and Height divided by forty (40) cubic feet. Example;

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” equals 2,211,840 square inches divided by 1728” (square inches in cubic foot) divided by 40 Cubic foot, this would equal 32 MTON’s.

4.5.4 Exceptions to Commodity Rates. Whenever a particular type of cargo is handled for which no commodity rate has been established, it shall be handled using the Extra Labor (XL) and Equipment Rental Rates (EQR) rates established by the applicable SOR schedule. If the COR determines it’s necessary to establish additional commodity rates, the COR will advise the CO for a SOR modification for the remaining period of the contract.

4.6 TABLE 1— Cargo Handling (Service) Operations

**NOTE: The Government defines the following cargo handling operations into services, the table does not define each service as separate billable item(s). Example: Schedule 1A1 - Loading Vessel, loading cargo on a vessel will inherently include moving cargo from its place of rest (regardless of method) and stowing it aboard the vessel, at designated stow location, this includes but not limited to driving, towing, or draying the cargo aboard the vessel, lashing, inspections, documentation, checking, tally, debris removal, housekeeping, and reconciling the operation with the COR.

Services Description

Loading The act of moving cargo from its final place of rest to a conveyance (vessel, truck, or rail)

Discharge The act of unloading cargo from a conveyance (vessel, truck, or railcar) to a designated final place of rest

Receipt The act of documenting cargo arriving into the port, by (truck, rail, vessel or convoy).

Disposition The act of documenting the onward movement of cargo from the port or terminal to its final destination.

Lashing and Un-lashing (only) The act of providing only lashing or unlashing (tie-down) of cargo aboard a vessel.

Stuffing The act of loading cargo inside a container, or onto flat-racks from its final place of rest

Unstuffing The act of unloading cargo from a container or flat-rack to its final place of rest

Stripping The act of discharging cargo from vessel owned assets (MAFI’s) to its final place of rest.

Cross Docking The act of transferring cargo directly from one incoming conveyance to another outgoing conveyance, with little stoppage of cargo moving onward to its final destination.

Transfer The act of moving cargo from its place of rest to another place of rest within the port or between local ports

Inland Transportation Land based conveyances, used for movement of cargo into or out of the port.

4.7 Minimum Time, Standby Time, and Detention

4.7.1 Minimum time (also called guaranteed time) is defined as minimum work guaranteed by Collective Bargaining Agreement(s) (CBA(s)) (if applicable), The Government shall pay minimum time (hourly base rates per class of labor) to the Contractor when work fails to materialize. During a commodity operation, the Contractor will receive in addition to the commodity rates for actual time worked, minimum work guarantees according to applicable CBA(s) (e.g. CBA minimum work time is six hours but the commodity operation last only four hours, the Government will we pay two hours for minimum work time using hourly base rate per class of labor).

4.7.1.1 The Government will not pay minimum time to the Contractor where local CBA’s do not exist. In no case will the Government pay minimum time when labor is ordered; cargo or freight is available to work at the work site or vessel; but not worked due to Contractor’s inability to provide personnel or equipment.

4.7.1.2 The Government shall not pay minimum time separately to any class of labor working commodity in conjunction with other classes of labor until completion of commodity activity; or any part of a gang not required on a commodity activity. For example, unloading operation is inclusive of unlashing and unloading cargo to its designated place of rest or stow under one commodity rate. Lashers who finish unlashing are still on commodity time (i.e., not minimum or detention) until drivers complete unloading and staging to final point of rest or stow. During a load operation, after drivers complete the load, they remain on commodity rates until lashers have completed all lashing. While any portion of labor to include checkers working commodity, all are listed as commodity.

4.7.2 Stand-by (S/B) Time. Stand-by (S/B) Time (also may be called “waiting time”) is defined as work stoppage, at the Government’s discretion, for causes beyond the control of the Government or the Contractor. This includes but is not limited to breakdown of ships gear, inclement weather (see Glossary), unanticipated or non-arrival of the vessel, non-readiness of the vessel, non-arrival of cargo, non-arrival of other conveyances (truck or rail). In all such cases, the Contractor’s time will be captured by the COR on the SDDC form MT 288 as stand-by time (S/B). The COR will negate the cause and/or direct the Contractor to stand-by. The Contractor shall be compensated for stand-by time at established extra labor base rates in schedule 2 of the

SOR.

4.7.2.1 At the request of the COR and ordered by the OO, the Contractor shall provide single or multiple classes of labor at the COR/OO discretion for support of military operation, whereas the Contractors shall be compensated for each class of labor per schedule 2 of the SOR.

4.7.3 Detention. Labor Detention is time lost due to work stoppage, or interruption of work during commodity operation.

4.7.3.1 When detention occurs during a commodity operation, the Contractor shall absorb each detention period of fifteen minutes or less. The Government shall pay the Contractor at detention rates for labor, including checkers and equipment operators (drivers), for each detention in excess of fifteen minutes including the first fifteen minutes thereof. Unless approved by the COR, the Government shall not pay detention time for equipment.

4.7.3.2 Detention time is used to compensate the Contractor for work stoppage during commodity operations, causes include but are not limited to changes in vessel, truck or rail (if applicable to the AOR) operational plan (i.e. change to staging or stow plans). Should the Government change planned work, or have to halt commodity work or alter other plans during an operation, the COR will notify the Contractor. The Contractor must immediately notify the Government representative monitoring the Contractors work site, work has stopped and make an effort to continue working where work is available to include shifting labor. The Contractor may be directed by COR to shift their labor to another location to reduce stoppage where detention time may result. Any lost time due to the Contractor fault is for the Contractor’s account, labor remains on Commodity.

4.7.3.3 All stand-by time, detention 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) base rates specified in schedule 2 and detention rates in schedule 3A of the SOR.

4.7.3.4 The Government shall not compensate detention to the Contractor for any class of labor not required for commodity operations or when certain classes of labor on commodity operations are dependent on other classes of labor is performing a commodity operation. For example, commodity vessel load is inclusive of draying cargo from staging, stowing it aboard the vessel and lashing cargo. Drivers and lashers conducting loading and lashing are inclusive of each other under one commodity rate; therefore, drivers or lashers during the process of load and lash may wait for the other to perform or complete their work. Neither party is authorized detention while the other is performing commodity work.

4.7.3.5 Whenever detention occurs prior to or during extra labor operations, the Government shall pay the Contractor on detention rates basis for detention time.