Attachment 1 - Performance Work Statement.pdf

HTC711-26-Q-E119

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

PORTS IN MALAYSIA

PORT OF PENANG, PORT KLANG, PORT OF BINTULU, JOHOR PORT,

KUANTAN PORT, LABUAN PORT, AND TANJUNG PELEPAS PORT

Stevedoring and Related Terminal Services (S&RTS) Performance Work Statement (PWS)

For

Military Operations Terminal

835th Transportation Battalion

01-05-2026

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 7

4.0 General Contract Administration 15

5.0 General Contractor Requirements 31

6.0 Terminal Specific Requirements 47

Contract Performance Requirements Summary (PRS) Table 62 Appendix A Regulations, Publications, & Forms 64 Appendix B Glossary of Terms 69 Appendix C Payment Instructions 81 Appendix D List of Acronyms & Abbreviations 85 Appendix E Foreign Entity Vetting 87

1. BACKGROUND AND SCOPE

1.1 Background. The United States Army Transportation Command (ARTRANS), headquartered at Scott AFB, IL is an operational-level Army force designated by the Sectary of the Army (SECARMY) as the Army Service Component Command (ASCC) of the United States Transportation Command (USTRANSCOM) and a major subordinate command of Army Material Command (AMC). ARTRANS is responsible for providing coordination worldwide for origin to destination surface traffic management support; coordinates surface and multimodal transportation contracted functions for all DoW (and other U.S. Government entities, as authorized, and designated multinational and interagency elements). Since its establishment in 1965, ARTRANS has played a vital role in our nation’s defense by providing support to the warfighters to every war, major contingency, training exercise and humanitarian relief operations where our Military forces are needed and deployed.

1.2 Scope of Service. Provide Stevedoring and Related Terminal Services (S&RTS) at the designated seaport(s) of: The Ports in Malaysia in connection with the import and export of Defense Transportation System (DTS) sponsored cargo. all tasks shall be completed per requirements stated through the Performance Work Statement (PWS) and in a manner consistent with the “Best Commercial Practices”.

1.2.1 S&RTS services will cover the full spectrum of managing US Military cargo (e.g.

containers, vehicles, breakbulk, and rotary or fixed wing aircraft) transitioning through designated seaport. Operational tasks and shall include but not limited to all stevedoring and longshoring required for vessel and truck loading & discharging, port reception and disposition, cargo management staging, intra port transfers, cargo prep, Checking & Tallying (C&T), and handling & warehousing Government provided dunnage and tiedown materials.

1.2.1.1 Requirements include physical security, facilities, storage/staging, office space, office supplies, and provide documentation/reports for port operation expenses & reconciliation of services to include other related miscellaneous requirements as outlined in this PWS.

1.2.1.2 Contracted services shall include the capability to work multiple vessel(s) and vessel decks simultaneously, at all port(s) located at Penang, Klang, Bintulu, Johor, Kuantan, Labuan, and Tanjung Pelepas and in conjunction with operations at each terminal as described in this PWS’s Area of Responsibility (AOR) 24-hours a day, seven (7) days per week, and 365 days per year (see section six (6) for port location). All classes of supply that include military vehicles up to 150,000lbs, AA&E & hazardous materials, as well as sensitive, controlled, refrigerated, and/or other general DoW cargo handled through all modes of transport.

1.2.1.3 All services in accordance with (IAW) the PWS require approval from the Contracting Officer (CO) or their appointed Contracting Officer’s Representative (COR), and any work performed without authorization shall be at the Contractor’s expense.

**NOTE: See Section six (6) for specific geographic locations and port specific requirements.

**NOTE: Subsequent references to the COR throughout the PWS will also assume the Alternate Contracting Officer’s Representative (ACOR) as well, unless otherwise specified.

1.2.1.4 The Contractor shall provide all the gear, Material Handling Equipment (MHE), materials, supplies, management, and sufficient amounts of qualified general & skilled labor to satisfy the full scope of operating seaport terminal for this contract. The Contractor shall make every effort to rectify any labor or Contractor Furnished Equipment (CFE) i.e., MHE shortfalls, for which the Government will compensate the Contractor by applicable commodity and/or man-hour rates as designated by the Schedule of Rates (SOR).

1.2.2 The Contractor shall obtain written approval from the COR for all work, services, or other terminal operations for which a task order number and ordering template will be issued.

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

2. GENERAL SECURITY REQUIREMENTS.

2.1 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 6.2 - Port - Terminal Specific Requirements (security).

2.2 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, therefore they are not authorized to obtain a Common Access Card (CAC) or Alternative Smart Card Logon (ASCL) tokens.

2.3 Ground Rules and Constraints.

2.3.1 Personnel Screening. Contractor shall ensure its employees meet U.S. Government guidelines regarding foreign national employment by screening all employees for indications of criminal, terrorism, or threat-related activity or alliances detrimental to the United States of America or Host Nation.

2.3.1.1 The Contractor shall not employ any person under this contract convicted of any of these offenses or who presents any of these unfavorable behaviors or is simultaneously an employee of the United States Government. Anyone refusing screening shall result in denial of applicant’s access for employment and/or termination. If employment or continued employment of any Contractor employee is prejudicial to the interests or endangers the security of the United States of America, the Contractor shall make the necessary changes to remove those employees from interacting or engaging with US personnel.

2.3.2 Completed Screening. Once the screening process is completed the results and the applicant request for clearance approval, will be submitted to the 835th Transportation Battalion for vetting through the 599th Trans brigade S-2 to ensure investigative and clearance requirements were obtained before the start date of the contract for review. Any derogatory information may result in the applicant’s access being denied. Screening will be completed prior to any badge issuance. Screening maintains compliance with enhanced force protection measures through document examination, verification, biographical, and security interviews. Applicants denied access due to derogatory information may file an appeal to the Contracting Officer and 599th for review.

2.3.3 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 Government operations.

2.3.4 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.

2.3.5 The Contractor personnel shall read and comply with applicable the Department of War (DoW) security regulations, policies, and procedures for access to installations and facilities.

2.3.5.1 The Contractor shall comply with all requirements associated with Installation Access Control. 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 or Installation Access Control processing requirements.

2.3.5.2 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 in any security badges issued to the COR on the last day of the contract or upon any termination/reassignment of a contract employee.

2.3.6 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 contract members during the contract period. The Contractor receiving award of this contract shall make any changes necessary in the appointment(s).

2.3.6.1 The Contractor’s personnel will immediately be escorted off the premises. The Contractor shall ensure the roles/privileges assigned to Contractor employees on the Government computing platforms are limited to the roles/privileges essential to that individual’s performance of his/her assignments. These roles/privileges can be limited or revoked by the Government for any reason.

2.3.7 Operations Security (OPSEC) Protecting critical information (friendly activities, intentions, capabilities, or limitations) is crucial to prevent adversaries from gaining advantage.

Therefore, Contractors must adhere to OPSEC requirements throughout the contract lifecycle.

All information provided is for official use only. Additionally, mandatory initial and annual OPSEC training is required after contract award for all Contractors working on-site at a DoW facility or off-site accessing a Federally controlled information system. Proof of completion must be available to the COR/CO. Training can be accessed at the following website:

(https://securityawareness.usalearning.gov/opsec/index.htm). Immediately consult the contracting office’s OPSEC coordinator regarding the ARTRANS Critical Information and Indicators List (CIIL) and any OPSEC questions. Protect critical information (e.g., mission details, units, cargo) from unauthorized disclosure and coordinate with the government to minimize shared information. Report suspected/known compromises immediately to the COR and security office. Safeguard information (including FOUO and CUI) per the CIIL using measures like encryption; locked storage; restricted distribution; secure destruction; limiting verbal discussions; avoiding unencrypted phones/foreign mail; prompt document retrieval; cover pages; and minimizing public disclosure. Contact the COR/CO for clarification.

2.3.8 Threat Related Incidents. Persons employed by the Government will report threat-related incidents, behavioral indicators, and other matters of Counterintelligence (CI) interest specified in Army Regulation (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.

2.3.9 Vendor Threat Mitigation. The Contractor 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 USG shipments in the ordinary course of contract performance. See Appendix E for further instructions for this requirement. Compensation for the services defined in this paragraph is included in all commodity rates established in the SOR.

2.3.10 Port Access. The Contractor shall ensure that all Contractor personnel must adhere, at all times, to all security requirements set forth by the Malaysia Port Authority (MPA) and responsible Host Nation Authorities, when gaining access to all Ports in Malaysia. The Contractor shall be responsible for their employees, including sub-contractors, and all will be required to comply with access and control procedures, subject to background checks, as well as personal and vehicle inspections. Contractor personnel not cleared, or those who refuse to comply with access/control procedures will be denied entry. The Contractor shall be responsible for its CFE/MHE. The USG will not be liable for compensation to the Contractor and will hold the Contractor liable for performance delays caused due to shortages of personnel or any CFE/MHE denied entry. The Contractor’s employees to include sub-contractors, will comply with port access and control procedures, personnel not cleared for entry into secured working area/s will be denied entry, and the USG shall not be liable for wages of such denied personnel.

2.3.11 Vehicle Identification. The Contractor shall obtain installation/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 clearance. The list shall identify vehicle type, license plate, and owner/ company name. Personal Owned Vehicles (POV) shall not be authorized entry in and around USG equipment unless identified as official vehicles 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.

2.3.12 Security Regulation Guidance found at https://www.esd.whs.mil/dd/. Select under “DoW Issuances” the following DoW Instructions and Manuals.

2.4 Privacy Information. Contractor and COR/ACOR, must ensure all personnel information collected, maintained, used or disseminated is relevant and necessary to accomplish the Contract. The Contractor will collect information to the greatest extent practicable directly from and inform the individual of the reason collection of the information is required; authority for collection; who and for what purpose; whether disclosure is mandatory or voluntary; and the impact of not providing the information. Contractor and COR/ACOR will establish appropriate administrative, technical and physical safeguards, for protection of paper, documentation involved, to ensure security of records and prevent compromise or misuse during storage, transfer, or use, including transiting authorized alternative worksites. Privacy information collected must comply with host nation, DoW, and Army Privacy Act regulations, whichever is more stringent.

2.5 Badges. All permanent and temporary personnel, hired directly or indirectly by the Contractor performing work under this contract, shall have in their possession, and display when required, a current Workers Identification badge issued by each port where military operations is being performed. The Contractor’s management shall ensure compliance with this requirement.

2.5.1 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 in any security badges the government issued to the COR on the last day of the contract or upon any termination/reassignment of any employee or sub-contractor.

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

2.6 Cyber Security. The services designated under this contract are “operationally critical support” as defined in Defense Federal Acquisition Regulation Supplement (DFARS) 252-204- 7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

3. GENERAL SAFETY REQUIREMENTS

3.1 General Safety Requirements of the Contractor defined within this section. Additional duties and requirements specific to the terminal(s) within the scope of this contact further defined in Section 6.0 –Port - Terminal Specific Requirements (safety). All Army Safety Regulations can be found at http://armypubs.army.mil

3.1.1 Enforcing and Monitoring Safety. The Contractor shall comply with, enforce and monitor applicable host nation, international, local installation and ARTRANS 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 ARTRANS 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 at all times while working any USG operation on the port, terminals or vessel(s).

3.2 Safety Program.

3.2.1 Safety Program Manager. The Contractor shall provide, as part of its management staff, a dedicated Safety Program Manager (SPM) and/or alternates as needed for each operation. The Contractor shall ensure the SPM is accessible and onsite to observe all USG operations contractor personnel to include sub-contractors to ensure the Contractor’s safety practices are monitored, damage/injury is investigated, and to make corrections when deviations or departures from safety are observed.

3.2.1.1 The COR and USG Safety Representative (including Unit Safety Officer, Battalion - and Brigade Safety Office) will conduct safety inspections/assessments regarding the Contractor’s Safety Program on a per mission basis, annually, or when discrepancies are reported according to DA PAM 385-1, Chapter 1-6 and AR 385-10 Chapter 4. General inspections are compulsory and will be announced at least 24 hours in advance. The USG reserves the right to carry out spot checks for specific problems without announcement.

3.2.2 Accident Prevention/Safety Program. The Contractor shall provide to the COR, within two (2) calendar days of the contract award date, their written plan for Accident Prevention/Safety Program for port/terminal operations at the Port of (XXX) per Federal Acquisition Regulation (52.236-13 Accident Prevention) and DA PAM 385-10.

3.2.3 Safety Stop. The USG reserves the right to call “safety stop” of the Contractor’s operations when/if the Safety Officer, COR, or other USG representative observes or reports unsafe practices, safety infractions or safety violation(s); whereas harm to life, damage to property, or unsafe practices are present/possible. The COR shall inform the Contractor to “stop work” directing the Contractor to “stand-by”. The Contractor’s operations shall not resume until all practices, infractions, or violations have been addressed and corrected. Additionally, the http://armypubs.army.mil/

Contractor has revised their methods of operation to correct the safety issue and has convened all personnel for a safety briefing to the 835th Transportation Battalion Safety Officer or their representative’s satisfaction. The USG will not compensate the Contractor for any time spent on “stand-by” or lost time incurred due to safety violation/infraction. The USG may hold the Contractor liable for any costs incurred to the USG, 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 DoW standards for “safe working load” for all CFE i.e., MHE, to include all cranes (ship or shore). The Contractor shall adhere to all safety requirements when lifting cargo.

3.3.1 Personal Protective Equipment (PPE) Safety/Hazard Analysis. The Contractor shall ensure all Contractor personnel, including its sub-contractors, have and/or wear proper PPE. The Contractor shall provide a Safety/Hazard analysis that defines the proper PPE required to be used and/or worn when engaged in terminal or port operations to the COR. The safety/hazard analysis shall be provided to the COR within two (2) calendar days of contract award, whereas the COR and Safety Officer will monitor and report PPE usage based on the Safety/Hazard analysis. The Contractor shall provide a new/updated Safety/Hazard Analysis to the COR within two (2) calendar days if/when changes in operational scope occur.

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 835th Transportation Battalion, commander’s discretion, and decision whether contracted labor may work beyond this requirement, the USG shall base its decisions upon mission time restraints, and safety risk assessments.

3.5 Emergency Response Plan. The Contractor shall provide a comprehensive safety and security “Emergency Response Plan (ERP) within five (5) days of award. The plan will clearly outline procedures for emergency HAZMAT cleanup, or Petroleum, Oils and Lubricants (POL) spills from Military cargo shipments, or leaking CFE (e.g., forklifts, tugs, or 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 the entire cleanup and property damage resulting from the leaking Contractor’s CFE or leaks or spills caused by the Contractor’s negligence, which caused damage to USG 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 clean-

up. 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 clean-up at its expense after moving any cargo leaking or spilling POL or any hazardous substances. For leaks not caused by Contractor’s damage, the USG will compensate the Contractor for clean-up of spills at established extra labor and equipment rates, and for materials used in the process of the clean-up.

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 shall 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. 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 Malaysia Environmental Quality Act 1974 (Act 127). The Contractor’s SCRP shall specifically describe how the Contractor will prevent and respond to spillage 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 POL’s. At the Contractor’s expense, the Contractor shall provide containment devices of various sizes when required for temporary and permanent storage facilities that retain POL substances, hazardous materials, and hazardous wastes (i.e., - new or used – oils, fuels, lubricants, solvents, batteries, acids, paints, antifreeze, and/or oily rags, 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 (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.

3.5.6.2 When hazardous materials are required to be stored, The Contractor shall coordinate or provide the use of proper hazardous storage cabinets, bins or tanks. The Contractor shall provide to the COR and Port Safety Officer (PSO) a current inventory sheet and associated Material Safety Data Sheet (MSDS) for all hazardous materials being stored.

3.6 Operating/Driving USG Equipment and Familiarization. The Contractor’s skilled driver/operator pool assigned to operate USG military vehicles in the performance of this contract will comply with the licensing requirements of the United States (US) and/or applicable foreign nation motor vehicle laws. The Contractor shall certify (at the Contractor’s expense), all operators/drivers as being fully qualified to operate any of the USG’s military vehicles by which they are qualified to drive IAW Army Regulation (AR) 600-55, The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing. At minimum, Contractor personnel operating/driving USG Military vehicles shall be familiarized:

• Basic hand and arm signals

• Emergency stopping procedures

• Start-up and shutdown procedures for all types of vehicles

• Location of controls, battery switches, and breaking

• Demonstration of vehicle blind spots

• Preventive maintenance checks and services (PMCS)

3.6.1 Vehicle Operator. The Contractor must document all required operator qualifications and provide this documentation to the COR within two (2) days of contract award.

3.6.1.1 All Contractor personnel operating/driving USG Military vehicles oversized, overweight, wheeled or track vehicles, shall have in their possession a Commercial Driver’s License (CDL) (at drivers’ expense)), with hazardous material endorsements (if applicable) prior to that operator/driver engaging in the operation of USG military vehicles.

3.6.1.2 In order to help maintain Contractor driver pools the USG shall provide “familiarization” training available onsite, the Contractor’s designated operators/drivers shall attend those training events, whereas the USG shall compensate the Contractor for all vehicle operators/drivers attending at manhour rates per schedule 2 of the SOR. The Contractor shall ensure that sufficient pools of vehicle operators are available to operate USG Military vehicles within the confines of the port (29 CFR 1917) as required. Familiarization training on USG Military 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.

3.6.2 New Vehicle Models. At times, the USG may have field service representatives or vendor training onsite for new vehicle modeled equipment. The USG will identify and provide vehicle-specific training requirements for the Contractor’s vehicle operator/driver 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 schedule 2 of the

SOR.

3.6.3 Commercial Truck Drivers. The Contractor shall ensure drivers of commercial motor vehicles have a valid CDL appropriate to the type of equipment they operate when picking up Military cargo considered HAZMAT, to include Arms, Ammunitions and Explosives (AA&E).

The Contractor shall ensure and document each commercial truck driver has been licensed and with the appropriate HAZMAT endorsement (if applicable) before releasing cargo.

3.6.3.1 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 USG.

3.6.3.2 The Contractor shall not use ammunition and explosives laden MHE or vehicles for/during operator/driver training at any time.

3.6.4 Hazardous Material (HAZMAT) Certification. The Contractor shall provide as part of this contract (at Contractor’s expense) 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;

DoW 4145.26-M; DoW CONTRACTORS SAFETY MANUAL FOR AMMUNITION AND EXPLOSIVES; and DESR 6055.09, DEFENSE EXPLOSIVES SAFETY REGULATION when 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 operators/drivers assigned to handle vehicles, HAZMAT, or ammunition-laden cargo per each 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 USG 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 operator/driver from handling cargo, and the incident shall be reported to the COR who will report the incident in the monthly performance report.

3.7 Contractor 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 ARTRANS USG representative. The COR or ARTRANS 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, crane, etc.), and at a minimum, must meet local authority and/or DoW 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 on 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)

3.7.3 Task or Terminal-Specific (as applicable)

• Terminal and yard configurations, distinctive characteristics

• Safe CFE operation (MHE & vehicles (verify trained/certified/licensed))

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

• Vessel safety (ramps guards, foot traffic on vessel ramps, vessel speed limits)

• 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 USG Safety Briefing. The USG, at its discretion, may conduct additional safety briefings, when necessary, in conjunction with the local Commander’s guidance. The USG’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 and compensated per schedule 2 of the SOR.

No compensations shall be made to the Contractor for “safety Stop/violations”.

3.9 Operation of Contractor Furnished Equipment (CFE). The Contractor shall maintain and operate all CFE i.e., MHE used during Military operations IAW applicable local port authority laws, DoW regulations, directives, instructions, and pamphlets, whichever are more stringent. Cargo damage or personnel injured due to or related to the use of non-compliant or improper CFE use will result in immediate non-use of CFE until replaced or action taken to repair equipment. The Contractor shall replace any non-compliant equipment to minimize any delay or hindrance to Military operations. The Contractor shall notify the COR when the equipment is made compliant and before its use is approved.

3.10 Damage, Accident, and Loss Reporting. The Contractor shall immediately notify the COR of any incident and/or accident that results in injury or death to any personnel, damage to cargo or property, or hazardous spills or leaks, during or arising from performance under this contract. The Contractor shall submit accident investigation reports to the COR and ARTRANS Safety Officer within 24 Hours and 30 Days as applicable.

3.10.1 Reportable Accident(s). The Contractor shall report all accidents or cargo damaged to the COR immediately. 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, the Contractor shall submit a preliminary accident investigation report to the COR and ARTRANS Safety Officer within 24 Hours. The Contractor shall use the Cargo Discrepancy Report (TDR Form 361) for damage estimated at $2,000 or less. The Contractor shall use the DA Form 285 for damage estimated to exceed $2,000 A full accident investigation report identifying all root causes and corrective actions shall be provided to the COR, the COR will forward to HQ ARTRANS Safety within 30 Days. The Contractor will also report all accidents or cargo damages that do not meet minimum criteria 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 CFE involved in any accident or incident involving injury.

3.10.1.3 The Contractor shall assist the USG 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 USG 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, ARTRANS 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 USG, 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 USG, 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 a10 gallon spill or five (5) cubic feet of materials, waste, or contaminants that may potentially affect 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 ARTRANS Bn. Commander and Safety Officer. For all ARTRANS vessel operations at all terminals/ports, the maximum speed limit inside a vessel, on vessel ramps, and on the dock/pier is <5 MPH. In all ARTRANS staging areas, the speed limit is 10 MPH or less.

CFE-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 braking systems that have been determined to be inoperable (i.e., any air system has been compromised, brakes 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 wheels or tracks chocked blocked.

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

3.13.3 During vessel operations, the Contractor shall not let vehicles remain idle across watertight door areas. Maintain only one vehicle at a time, moving on vessel ramps, and test vehicle brakes before moving any vehicle. The Contractor shall provide ramp guards stationed at vessel ramps to direct traffic, monitor foot traffic, and alert personnel when vehicles are traversing ramps, all ramp guards are required to have whistles. Compensation for the services defined in this paragraph is included in all commodity rates established in the SOR.

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 USG-owned equipment on public roads. It’s 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 manned traffic control points to include equipping each TCPs with signal devices for day and night operations.

Compensation for services defined in this paragraph is included in all commodity rates established in 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 as OOP.

4 GENERAL CONTRACT ADMINISTRATION

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

4.1.1 Port Licensing and Permits. The Contractor or its named sub-contractor shall possess a valid and current Business License (BL) issued by host nation country. As well as a work permit issued by the applicable Malaysia Port Authorities or by the Host Nation country (OCONUS) as evidence the Contractor or its named sub-contractor(s) has legal right to work in/at the state/country/port designated within this PWS (see geographic info section 6.1). The Contractor shall provide documentation/copies (Prime and Subcontractor(s)) to the CO for record when awarded this contract.

4.1.1.1 Sub-Contractors. The Contractor shall require Sub-contractors to comply with all applicable regulatory requirements of this contract. The Contractor shall include a clause in each applicable subcontract to require Sub-contractor'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 Labor Rules, Agreements, and Port Tariffs. The Contractor shall submit, no later than two (2) calendar days of contract award date to the CO/COR, the current labor agreement(s) for Ports in Malaysia and current year published port tariffs for all Ports in Malaysia. The Contractor shall also furnish updated information about specific changes to union contracts, wage increases, local work rules, and CBAs, as well as new/updated port tariffs charges/fees affecting USG cargo operations IAW the performance of this contract as they become available.

4.1.2.1 Port Services/Tariffs. The Contractor shall be responsible on behalf of the USG for all port handling costs related to “handling and movement of USG cargo transitioning through the ports in Malaysia, all charges/fees shall be inclusive of all commodity rates per (Schedules 1A1, 1A2, 1B1, 1B2, 1B3, 1B4, 1F) of the SOR.

4.1.2.2 The USG will not pay for or reimburse the Contractor for usage of port staging/storage free time, customs duties, taxes, and similar charges for which no services are received, or the USG is exempt from. The USG will only pay port tariffs fees/charges where the USG has requested and received those services. The Contractor will not include such taxes, duties, customs fee, free time, excise fee/tax, inspection fee, bond, or the like for which the USG is exempt in any of its rates. If the Contractor pays a tax, duty, customs fee, excise fee/tax, inspection fee, bond, or the like for which the USG is exempt, the Contractor is not entitled to reimbursement.

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 to the COR 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 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 and alternates shall meet as necessary with the COR to discuss contract performance or other problem areas or issues.

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

4.2 Ordering Services. The USG shall establish written procedures in advance for ordering all long-shoring and/or stevedoring services. The USG shall also set cut-off times, or deadlines, for which they may cancel any ordered services and/or equipment free of charge and without liability of any kind. These procedures and cut-off times shall be provided within two (2) days of the 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, Payment, Ordering, and Invoice Instructions.

4.2.1 Task Order (TO). All services shall be identified to the Contractor by the COR upon agreement, the COR will convey needed services to the OO. The OO will develop an “initial” commodity, man-hours, or miscellaneous cost TO estimate identifying all services agreed upon as soon as practicable but prior to the start date & time for each day S&RTS services are ordered.

4.2.1.1 The OO’s initial TO estimate will be processed and a Task Order number will be assigned/issued by G8 for that TO. Task orders will incorporate Terminal Services and Vessel work separately. Terminal services will be calculated by the documented week (Doc-Week (DW), Sunday – Saturday).

4.2.1.2 Vessel work will be by separate vessel Voyage Document (VoyDoc) number (load (P) and discharge (F)) per vessel. Any work performed without a validated, issued TO shall be at the expense of the Contractor.

4.2.1.3 No compensation is applicable to the Contractor for services ordered and cancelled prior to the established cancellation cut-off time(s). The USG shall only compensate the Contractor for services, ordered and cancelled after the established cancellation cut-off times only where written labor agreements are established prior with the USG. The USG will not compensate the Contractor for CFE.

4.2.1.4 Cancellation of Services. Cancelation of services shall include daily cut-off time(s) for canceling all S&RTS. Procedures for canceling services shall be provided within two (2) calendar days of the contract award date. Unless otherwise stated elsewhere, the USG will and the Contractor shall agree, ordered services shall be canceled no later than (NLT) 1700hrs the same day as ordered for 0800hrs start time the next day.

4.2.2.1 The COR will notify the Contractor verbally or by telephone to cancel services followed by written email/memo or other communications, stating that services are/will to be canceled on or before which we may cancel ordered services and/or equipment free of charge and without liability of any kind. The USG will not compensate the Contractor for service ordered and then canceled on or before established cut-off times,

4.2.2.2 Should Contractor personnel arrive at the work site at the scheduled order time, and services were cancelled, due to circumstances beyond the control of the USG, the Contractor shall receive minimum time guarantee for all classes of labor verified by the COR. Contractor personnel arriving at the work site who were not timely notified by the Contractor those services were cancelled; the Contractor shall be responsible for compensation of those personnel at its own expense and is not entitled to reimbursement.

4.2.2.3 In those instances where Contractor personnel arrive at the work site at the scheduled order time and services are subsequently cancelled due to circumstances beyond the control of the USG, the Contractor shall receive the minimum guaranteed time…