Atch 1 - PWS - Rotterdam Netherlands FINAL.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

PORT OF ROTTERDAM, THE NETHERLANDS

Stevedoring and Related Terminal Services (S&RTS)

Performance Work Statement

For

Military Operations Terminal 838th

Transportation Battalion

1 Jul 21

Stevedoring & Related Transportation Services Performance Work Statement

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 13

5.0 General Contractor Requirements 27

6.0 Terminal Specific Requirements 43

Contract Performance Requirements Summary (PRS) Table 57 Appendix A Regulations, Publications, & Forms 62 Appendix B Glossary of Terms 67 Appendix C Payment Instructions 80 Appendix D List of Acronyms & Abbreviations 84 Appendix E Foreign Entity Vetting 86

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 (USTRANSCOM). 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. Provide SDDC with Stevedore and Related Terminal Services (S&RTS) in connection with the import and export of Defense Transportation System (DTS) sponsored cargo. SDDC shall require stevedoring, longshoring, specialized & general labor, cargo handling equipment, lifting and towing gear, tools (manual and pneumatic), shipping documentation, materials, miscellaneous supplies, and port management services to satisfy all service requirements described within this Performance Work Statement (PWS).

1.2.1 This PWS will cover services required by SDDC that include but not limited to the full spectrum of receiving to dispositioning (import to export) DTS cargo, as well as terminal services at the port of Rotterdam. All required services shall be performed In Accordance With (IAW) “Best Commercial Practices” and shall require stevedoring and terminal cargo handling expertise, warehousing, storage, staging, and processing cargo for export that shall meet United States Government (USG) Agricultural (AG) and Customs and Border Clearance Agent (CBCA) standards as well as working simultaneous shipments via multiple ports & surface modes of transportation as designated by the Contracting Officer (CO) or their appointed Contracting Officer’s Representative (COR).

**NOTE: Subsequent reference to the term Contractor throughout the PWS means all personnel including subcontractor personnel, who assume responsibility for administering, managing, and executing all functions necessary to provide the services specified in this PWS and ordered by the Ordering Officer (OO).

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

1.2.2 Written Approval. The Contractor shall obtain the required written approval from the COR for all work, services, or other terminal operations for which a Task Order (TO) number and service ordering template will be issued. The Contractor will assume all expenses for any work performed outside the scope of this contract or without written authorization from the

COR.

1.2.3 Administrative Responsibility. The Contractor shall perform all related administrative actions required to provide commercial services as well as provide quality control (QC) management, attend meetings, and provide communication & correspondence to the CO & COR.

2. GENERAL SECURITY REQUIREMENTS

2.1 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 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:

http://dibnet.dod.mil.”

2.5 Ground Rules and Constraints.

2.5.1 Personnel Screening. The Contractor shall screen all employees to ensure they do not have criminal records which would be prohibitive from fully executing services or is considered a security risk with the US and the Host Nation, and if Foreign National, 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 United States Government or its 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.

2.5.2 Screening. 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 in support of this contract. 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 in support of this contract. Applicants who have been denied access due to derogatory information may file an appeal to the CO for review.

2.5.3 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.

2.5.4 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.

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

2.5.4.2 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.

2.5.4.3 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.

2.5.5 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 course of the contract period.

2.5.6 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.

2.5.7 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.

2.5.8 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.

2.5.9 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 in order 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.

2.5.9.1 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)

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 particular terminal(s) within the scope of this contact are 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 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 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 as the Contractor corrects and revises their methods of operation to correct safety violations, to the Safety Officer’s satisfaction. The Government will not compensate the Contractor for any time lost incurred by the safety infraction. The Government may hold the Contractor liable for any costs incurred to the Government, resulting from operations halted due to the Contractor’s unsafe 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 all cranes (shore or ship). The Contractor shall adhere to safety requirements when lifting cargo.

3.3.1 Personnel Protective Equipment (PPE). The Contractor shall ensure all Contractor personnel, to include 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,” and at a minimum, wear hard hats aboard vessel(s), wharves, terminal warehouses, rail yards and open storage/staging 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 Government’s discretion; and the decision whether contracted labor may work beyond this requirement, based on Battalion Safety Officer (BSO) 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, 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 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 in the commodity rates established in the SOR.

3.5.2 Leaking Cargo Shipments. For 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 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. The Contractor shall be responsible for cleanup at its expense after moving any cargo leaking or spilling POL or 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 Response Plan. The Contractor shall comply with all applicable environmental laws and regulations pertaining to marine and port facilities. A written Spill Contingency and Response Plan (SCRP) 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 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 SCRP.

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.).

3.5.6.1 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 five to 55 gallons to include mobile tanker trucks used for refueling operations. All secondary containment structures shall be free from soil and sand accumulations.

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

3.6 Specialized Government Equipment Operation and Familiarization. The Contractor’s employees assigned to operate USG vehicles during the performance of this contract will be in compliance with licensing requirements, of the Government and applicable host nation motor vehicle laws and certified by the Contractor and at the Contractor’s expense as being fully qualified to operate the USG equipment for which they are assigned to operate IAW Army Regulation (AR) 600-55. The Contractor’s personnel at minimum, operating Government Military vehicles will be 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 (Commercial Driver’s License (CDL), with hazardous material endorsements)) 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. The Contractor shall ensure that sufficient pools of vehicle operators are available to operate Government vehicles within the 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.

3.6.1 New Specialized Vehicle Models. At times, the Government may have field service representatives or vendor training onsite for new vehicle modeled equipment. The Government will identify and provide vehicle-specific training requirements 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 Man-hour rates as established in the

SOR.

3.6.2 Operating Government Vehicles. The Contractor shall ensure personnel operating Government vehicles possess valid commercial vehicle driver’s licenses as required for operating Military vehicles on and off the port.

3.6.2.1 Commercial Truck Drivers. The Contractor shall ensure drivers of commercial motor vehicles picking up USG cargo shall have a valid commercial driver’s license appropriate to the type of equipment operated when picking up Military cargo laden Arms, Ammunitions and

Explosives (AA&E). The Contractor shall also ensure commercial truck drivers are licensed and shall have the appropriate HAZMAT endorsement before releasing cargo.

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 shall 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 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.

3.6.4.1 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.

For any person found non-compliant, the Contractor shall remove that person from handling cargo, and the incident shall be reported to the COR who will 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. The Contractor shall provide a mandatory safety briefing to new personnel as they are added. 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 the type of operation (e.g., truck, vessel, rail, yard, crane, etc.), and at a minimum, must meet local authority and/or DOD regulatory guidance or host nation requirements. The Contractor shall conduct safety briefings in both English and, as applicable, in the Host Nation local 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 (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) Reporting of all dropped containers/munitions

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 for safety violation) for the Contractor’s labor shall be placed on stand-by time per schedule 3C of the

SOR.

3.9 Operation of Contractor Equipment. The Contractor shall maintain and operate all Contractor equipment 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 use will result in immediate non-use of Contractor’s equipment until replaced or action taken to repair equipment. The Contractor shall replace any non-compliant equipment to minimize any delay or hindrance to operations. The Contractor shall notify the COR when the equipment is made compliant and before 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 HAZMAT, injury, and/or death to any personnel during or arising from performance under this contract.

3.10.1 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 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 8 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. At no additional cost to the Government, the Contractor shall maintain supplies for emergency response for hazardous spills on public roadways and thoroughfares within the port. The Contractor shall immediately contain the spill and wait for the emergency chemical response team to arrive. At no additional cost to the Government, the Contractor shall maintain supplies for routine maintenance releases. 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 the environment. The Contractor shall clean and dispose of waste materials per environmental standards.

3.12 Posted Speed Limits. The Contractor shall adhere to all port speed limits as directed or as defined by the SDDC Commander and SDDC Safety Officer. For all SDDC vessel operations at all terminals/ports, the speed limit inside a vessel, on vessel ramps, and on the dock/pier is <5 MPH. In all SDDC staging areas, the speed limit is 10 MPH or less. MHE speed limit is 10 MPH or less.

3.13 Vehicle Safety. During all operations, the Contractor shall not leave any vehicle unattended when the engine is running, or if breaks are not operational.

3.13.1 Vehicles with air breaking systems that have been determined to be inoperable (i.e., air system have been compromised, breaks have been caged or considered freewheeling) must not be left unattended. Vehicles in this condition must be labeled clearly on all sides “NO BRAKES.” Vehicles parked in staging lots shall have all when chocked blocked.

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

3.13.3 During vessel operations, the Contractor shall not remain idle across watertight door areas. Maintain only one vehicle moving on a ramp at all times, and test vehicle brakes before moving the vehicle. All stationed ramp guards are required to have whistles.

3.13.4 From time to time, the Contractor will be required to move oversized cargo or equipment outside of the terminal to other staging facilities that require them to drive on public roads. All drivers must be properly licensed (class A/B or host nation equivalent if applicable) by the state to drive Government-owned equipment on public roads. It is the responsibility of the Contractor to make sure its personnel/drivers have complied with state or host nation laws at their expense.

3.14 Manning Traffic Control Points (TCPs). The Contractor shall provide staffing for traffic control points to include equipping TCPs with signal devices for day and night operations.

Compensation for services defined in this paragraph are included in all commodity rates established in schedule of the SOR.

3.14.1 Traffic Cones. When ordered by the Ordering Officer (OO), the Contractor shall provide traffic cones for the control of traffic routes, staging yards, and foot traffic aboard the vessel. Traffic cones shall be standard size 60-80cm, bright red or green in color, and weighted to prevent being knocked over. The Contractor shall supply traffic cones in lots of 25ea.

Compensation for traffic cones shall be at established rates in schedule 6 of the SOR.

4. GENERAL CONTRACT ADMINISTRATION

4.1 General Contract Administration. General contract administration defined within this section. Additional duties and requirements specific to the particular ports or 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 Prime Contractor or its named Subcontractor shall possess a valid and current Business License (BL) or work permit issued by the applicable Port

Authorities by the Host Nation as evidence they can legally work at all named ports within this PWS (see geographic info section 6) and must provide copies (Prime and Subcontractors) to the CO for record.

4.1.1.1 Subcontractors. The Contractor shall require Subcontractors to comply with all applicable regulatory 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”, unless otherwise specified.

4.1.2 Union Agreements and Port Tariffs. The Contractor shall submit copies to the Government (if applicable) of all current union rules, labor rules or agreements, and port tariffs.

The Contractor shall also furnish updated information about specific changes to union contracts or local work rules, and port tariffs affecting cargo operations IAW the performance of this contract as they occur.

4.1.2.1 The Government will compensate the port for all tariff charges or port fees generated throughout the course of the 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 longshoring and 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 the contract, the Contractor shall work simultaneous cargo handling operations, at multiple work sites, on/at multiple ports to include, but not limited to, working vessel(s) operations (working multiple decks simultaneously), reception and disposition services of rail and rail barges, commercial truck(s), staging yards, and warehousing. 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.

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

4.1.4.2 The contract manager or their alternates; shall not be removed or replaced without informing the COR.

4.2 Ordering Services. The Contractor shall establish procedures for ordering labor and equipment, set cut-off times to cancel ordered services, and convey times and instructions to the COR and OO within 10 days of contract award. All longshoring and/or 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 Appendix C.

4.2.1 All services shall be identified by the COR and conveyed to an appointed 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 are ordered. Task orders will incorporate terminal services and vessel work separately. Terminal services will be calculated by the documented week (DocWeek, Sunday – Saturday). Vessel work will be calculated per vessel.

Any work performed without an issued TO will be at the expense of the Contractor.

4.2.1.1 Cancellation of Services. No compensation is applicable when ordered services are cancelled prior to the established cancellation cut-off time(s). When services are ordered and cancelled after the established cancellation cut-off times, the Government will compensate the Contractor for minimum guaranteed time for ordered labor. The Government will not compensate the Contractor for contractor owned MHE.

4.2.1.2 The COR and/or OO will notify the Contractor of cancelled services by telephone, email or other communications, and follow up with a written memo.

4.2.1.3 In the event that the Contractor or its personnel arrive at the work site at the scheduled order time, and services are cancelled, the Contractor shall receive the minimum guaranteed time for each class of ordered labor. For labor that arrives at the work site that was not notified previously by the Contractor, the Contractor shall be responsible for compensation at its own expense.

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

4.2.3 Reconciliation and Validation. The COR and the Contractor shall reconcile all services ordered within seven (7) days of each vessel or DocWeek. The Contractor shall review all supporting documentation (logbook, tally sheets, and time sheets). The COR and Contractor agree and shall sign (digital or wet signature) the SDDC Form 288 capturing all commodity, labor and equipment used. The OO will finalize each task order 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 The Contractor shall substantiate OOP Expenses by submitting the paid vendor invoice or receipt to the COR and/or OO. OOP expenses will be ordered and reimbursed only for mission related services and materials identified by the COR and/or 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 purposes of purchasing new supplies or non-durable goods. The Contractor shall obtain written approval from the CO or COR, the Contractor shall provide 3PL/subcontracted services that 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 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.

4.3.1.2 Extenuating Circumstances Required 3PL Services. When requested by the COR, subcontracted services and supplies may be required because of extenuating circumstances.

These subcontracted services may include but are not limited to, Life Support Activities (LSA) for personnel transportation, billeting, catering meals, mobile shower, and mobile laundry.

When these extenuating types of services are needed, it will be only by exception, and will be through advanced notification with approval by the CO for direct support of this contract. The Contractor shall be compensated for subcontracted supplies or services to include administrative costs IAW OOP expense procedures.

4.3.1.3 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 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 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 labor and equipment at man-hour and equipment rental rates established in schedules 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 Military operated cargo. The Government will 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 SOR for further definition).

Commodity 20 – Explosives commodities packed in pallets, crates, boxes, shall be priced in MTON’s

Commodity 25 - Explosives loaded 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), shall be priced as each (EA). includes hazardous gases, or radioactive

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 Government cargo. Labor for commodity rates shall be based on work performed during regular workday scheduled hours, IAW PWS Section 6.

4.5.2 Pricing. Pricing shall be by the “individual piece EACH (EA)” or “Measurement Ton (MTON)”. See SOR 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 will 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” = 2,211,840 square inches divided by 1728” (square inches in cubic foot) divided by 40 Cubic foot = 32 MTONs.

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 is 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 Cargo Handling Definition Table.

**NOTE: The Government refers to the following cargo handling descriptions; the table does not define each description/definition 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 “staged” (regardless of method) and stowing it aboard the vessel, in its designated stow location (staging to stow). This shall include but is not limited to driving, towing, or draying the cargo aboard the vessel, lashing/securing/tiedown, lashing inspections, documentation, checking, tally, debris removal, housekeeping, and reconciling the operation with the COR.

TABLE 1

Description Definition

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

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

Reception 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 Guaranteed Time, Standby Time, and Detention

4.7.1 Guaranteed time (schedule 3C (also called minimum time)) is defined as minimum work guaranteed by local labor laws (if applicable). The Government will compensate guaranteed time (per hourly base rates / per class of labor) to the Contractor when work fails to materialize. The Contractor shall receive in addition to the commodity rates, minimum work guarantees after the commodity work is completed i.e. Minimum guarantee time is four (4) hours but the commodity operation lasts only two (2) hours, the Government will compensate two hours for minimum guarantee work time using hourly base rate schedule 2 of the SOR per class of labor

4.7.1.1 The Government will not compensate guaranteed time to the Contractor where local labor laws or rules do not exist. In no case will the Government compensate guaranteed 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 will not compensate guaranteed…