Attachment 1 - Performance Work Statement.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES /

THIRD PARTY LOGISTICS (3PL)

PORTS OF AQABA JORDAN

Stevedoring and Related Terminal Services (S&RTS)

Performance Work Statement

For

Military Operations Terminal 840th Transportation Battalion as of 26 May 2026

Stevedoring & Related Terminal 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 Stevedoring and Related Services Requirements 32

6.0 Terminal Specific Requirements 56

Appendix A Payment, Ordering, and Invoicing Instructions 65 Appendix B Foreign Entity Vetting 68 Appendix C General Cybersecurity Requirements 70 Appendix D Deliverables 75

1. BACKGROUND AND SCOPE

1.1 Background. The U.S. Army Transportation Command (ARTRANS), headquartered at Scott AFB, IL is an operational-level Army force designated by the Secretary 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 Department of War (DoW), and other U.S. Government (USG) entities, as authorized, and designated multinational and interagency elements.

1.2 Scope of Service. Provide Stevedoring and Related Terminal Services (S&RTS) handling the import and export of designated USG cargo through the Aqaba Main Port, Aqaba Container Terminal, Royal Jordanian Naval Base and under certain circumstances the airports of Muwaffaq Salti Air Base (MSAB) and Marka Air Base. The contractor shall complete all tasks as outlined in the PWS. The contractor is required to fulfil all requirements for this contract for which the USG will compensate the contractor at the applicable commodity rate, per the designated Schedule of Rates (SOR).

1.2.1 S&RTS services will cover the full spectrum of managing USG cargo (e.g. containers, vehicles, breakbulk, and rotary or fixed wing aircraft) transiting through the specified port(s) in this contract. Operational tasks shall include but are not limited to stevedoring and longshoring services required to conduct and facilitate load and discharge of vessel, truck, rail, port reception and disposition, cargo management and preparation, staging, storage, onward movement, intra-port transfers, vessel preparation, documentation, tallying and checking, and storage of dunnage and tiedown materials. Military cargo may consist of vehicles, Ammunition and Explosives (A&E) in all sizes and configurations (containerized or breakbulk), non-explosive containers of all sizes, all classes of Hazardous Materials (HAZMAT) (IAW applicable regulations), and other general DoW cargo. Transportation will be facilitated via vessel, Common-User Land Transportation (CULT), and/or military convoy.

1.2.1.1 Contracted services shall include the capability to work multiple vessels and vessel decks simultaneously, at all port(s) specified in this PWS The contractor must be prepared to provide operations at each port 24 hours a day, seven (7) days per week, and 365 days per year. The contractor shall provide all Contractor Furnished Equipment (CFE), Material Handling Equipment (MHE), staging space, gear, tools, materials, supplies, supervision/management, transportation, and enough qualified general and skilled stevedores, longshoremen, drivers, crane operators, warehousemen, and tallymen needed to satisfy the full scope of S&RTS Services.

**NOTE: Subsequent reference to the Contracting Officer’s Representative (COR) throughout PWS includes the Alternate COR (ACOR)

2. GENERAL SECURITY REQUIREMENTS

2.1 General security requirements of the contractor are defined within this section. Additional duties and requirements specific to the terminal(s) within the scope of this contract are further defined in Section 6.

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 and therefore 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. The contractor shall ensure that all personnel, including employees and subcontractors, engaged in the performance of this contract, are vetted for any indications of criminal activity, terrorism, threat-related activity, or affiliations with organizations or individuals detrimental to the interests of the United States of America (USA). Contractor employees shall possess a Transportation Worker Identification Credential (TWIC) or host nation equivalent.

2.3.1.1 The contractor shall not employ any person under this contract associated to or convicted of any of these suspicions or activities (listed above) or who presents any unfavorable behaviors or is simultaneously an employee of the USG (excludes reservists or national guard service members not on orders). Employees or subcontracted employees refusing screening shall result in denial of an applicant’s employment associated to this contract. If employment or continued employment of any contractor employee/subcontractor is prejudicial to or presents a conflict of interest or endangers the security of the USG, the contractor shall make the necessary change(s) to remove those employees/subcontractors from working, interacting, or engaging with USG personnel associated to managing this contract.

2.3.2 Access Restrictions – Prohibited Individuals. The Contractor is responsible for ensuring that individuals prohibited from access by port or military authorities or excluded from U.S. Government contracts (suspended or debarred), are not permitted to enter any terminal facility or access any equipment, materials, or information used to support U.S.

Government operations under this contract, with the Contractor bearing responsibility for any security breaches caused by non-compliance. Information regarding exclusions can be found in the System for Award Management (SAM) at SAM.gov.

2.3.3 Derogatory Information. If the USG notifies the contractor that employment of any contractor employee is prejudicial to the interests or endangers the security of the USA, the contractor shall remove and bar that person from military operations. The contractor will notify the COR of any offenders and ensure this person is immediately escorted off the premises. This includes security deviations/incidents and credible derogatory information of contract members during the contract period.

2.3.4 Operational 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 Controlled Unclassified Information (CUI).

To maintain OPSEC the contractor shall:

(1) Immediately consult the contracting office’s OPSEC coordinator regarding the ARTRANS Critical Information and Indicators List (CIIL) and any OPSEC questions.

(2) Protect critical information (e.g., mission details, units, cargo) from unauthorized disclosure and coordinate with the USG to minimize shared information.

(3) Report suspected/known compromises immediately to the COR and security office.

(4) Safeguard information (including CUI (formerly FOUO)) 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.

(5) Contact the COR/CO for clarification.

2.3.5 Threat Related Incidents. The contractor will report threat-related incidents, behavioral indicators, and other matters of Counterintelligence (CI) interest specified in AR 381-12, Section 4-6, Tables 4-1 through 4-6 to the COR, Facility Security Officer, or the nearest Military CI Office.

2.3.6 Vendor Threat Mitigation. For each first-tier foreign transportation service provider operating as a separate legal entity and contracting directly with the contractor or its commonly owned legal affiliate, and whose employees may have physical contact with USG shipments during the ordinary course of contract performance, the contractor shall submit a semi-annual report to the CO. See Appendix B for further instructions for this requirement.

Compensation for services defined in this paragraph is included in the commodity rates in

SOR.

2.3.7 Vehicle Identification. The contractor shall obtain installation/port access clearance for any vehicles used in performance of this contract. Privately 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. Vehicle replacements are authorized only as substitutions to maintain the approved quantity of cleared vehicles permitted access.

2.3.8 Security Regulations. Security Regulation Guidance can be found at https://www.esd.whs.mil/dd/. Under “DoW Issuances”, select “DoW Publications & Manuals”.

2.4 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 the port authority where military operations are performed. The contractor’s management shall ensure compliance with this requirement.

2.5 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.

Contractor shall comply with Cyber Security Requirements provided in Appendix C.

3. GENERAL SAFETY REQUIREMENTS

3.1 Compliance with Safety Regulations. The contractor shall comply with all applicable federal, state, local, host nation, and DoW safety and occupational health, regulations, and standards. Compliance shall be continuous, and the contractor shall immediately address any deficiency, citation, or adverse finding resulting from inspection or observation.

This may include, but is not limited to:

3.1.1 Occupational Safety and Health Administration (OSHA) Regulations: Specifically, the contractor shall comply with 29 CFR Part 1915 (Shipyard Employment), 29 CFR Part 1917 (Marine Terminals), 29 CFR Part 1918 (Longshoring) and 29 CFR Part 1910 (Occupational Safety and Health Standards) or any other applicable safety and health standards as determined by the jurisdictional requirements of the specific seaport operation location.

3.1.2 International Agreements (e.g. Status of Forces Agreements, Defense Cooperation Agreements) & Host Nation Laws: For operations in foreign locations, the contractor shall https://www.esd.whs.mil/dd/ identify, understand, and comply with all applicable International Agreements and Host Nation (HN) laws, which may dictate additional safety requirements, training, or licensing for personnel and equipment. If there is a conflict between an International Agreement and HN law, the International Agreement shall take place. If needed, the contractor shall raise the issue to the CO.

3.2 Enforcement and Monitoring.

3.2.1 Contractor Safety Compliance and Oversight. The contractor shall maintain and actively enforce a comprehensive Safety and Occupational Health (SOH) Program covering all operations under this contract. The contractor should monitor site conditions, enforce safe work practices, and ensure that all personnel, including subcontractors, meet requirements necessary to perform work safely. The contractor’s enforcement responsibilities include promptly correcting unsafe acts or conditions and taking actions necessary to maintain compliance with applicable safety, health, and environmental regulations. If the contractor’s operations are creating an imminent danger to personnel, property, or mission the USG can order a safety stop. Upon such notification:

(1) The contractor shall immediately cease all affected operations.

(2) Place all equipment and personnel in safe condition.

(3) Implement corrective actions and revised procedures.

(4) Conduct a safety briefing for affected personnel.

3.2.2 Operations shall resume only upon written clearance from the Contracting Officer’s Representative (COR) or designated USG safety authority.

3.3 Safety Program.

3.3.1 Safety Program Roles and Responsibilities.

3.3.1.1 Site-Specific Safety Plan. Within five (5) calendar days of contract award, the contractor shall submit a Site-Specific Safety Plan (SSSP) to the COR for each seaport identified in the PWS. The SSSP shall serve as the contractor’s internal safety governance document and shall, at a minimum, include:

(1) Hazard identification and risk assessment procedures that address risks unique to the contractor’s work scope and operational environment.

(2) Control measures and mitigation strategies tailored to the identified hazards.

(3) Applicable safety and health programs necessary for compliance with federal, state, local, host nation, or international requirements.

(4) Incident and mishap reporting protocols, as outlined in sections 3 and 5 –

Reporting Accidents, Injuries, and Property Damage.

(5) Training and certification tracking to verify personnel qualifications and maintain compliance with regulatory and contractual requirements.

(6) Emergency response procedures specific to the site and operational hazards.

3.3.1.1.1 The SSSP shall be always kept current. Revisions must be submitted to the COR within five (5) calendar days of any change in operational scope, regulatory requirements, or site conditions that could affect safety.

3.3.1.2 Site Safety and Health Officer (SSHO). When directed by the COR, the contractor shall designate a qualified Site Safety and Health Officer (SSHO) to be on-site during all periods of operation. The SSHO shall bear responsibility for all safety and health management functions, which shall constitute the SSHO’s primary duty to the exclusion of any collateral assignments. The SSHO shall implement the contractor’s SSSP and shall possess full authority to take immediate corrective action to ensure compliance with all applicable safety and health requirements. The assignment of supervisory personnel or other contractor staff with secondary or collateral safety duties shall not satisfy this requirement. The Contractor shall certify that the SSHO is an individual who meets all the following requirements:

3.3.1.2.1 Professional Qualification. Demonstrates industry-recognized competency in occupational safety and health, established through education, certification, or professional standing as accepted in the country or region of performance; OR through documented knowledge, training, and experience that clearly demonstrate the ability to resolve safety and health issues in the operational environment. The SSHO must:

(1) Be capable of hazard identification with the ability to recognize both current and foreseeable hazards in the work area.

(2) Be knowledgeable in applicable safety regulations and standards, including federal, state, local, host nation, or international requirements relevant to the operation.

(3) Have full authority to act, including the ability to stop work, correct hazards, and enforce compliance immediately without prior approval.

(4) Regulatory Compliance Oversight – Ensures compliance with all applicable safety and occupational health, regulations, and contractual standards relevant to the terminal’s stevedoring operations.

(5) Coordination Role – Maintains direct communication with the COR to coordinate safety actions, resolve safety issues, and ensure alignment with Government safety objectives.

3.3.1.2.2 The SSHO’s authority and responsibilities shall be clearly defined in the contractor’s (SSSP) and communicated to all contractor personnel before work commences.

3.4 Communications.

3.4.1 Contractor Safety Briefings. At the start of terminal operations and vessel load/discharge the contractor shall conduct safety briefings to their personnel on all recognized hazards identified by risk assessment and the SSSP. For the purposes of this contract, 'Terminal Operations' shall be defined as all cargo- and passenger-related activities required at the port to accomplish port clearance.

3.4.2 Safety Information and Hazard Communication. The contractor shall ensure that all SOH program information, including but not limited to documents, signs, tags, briefings, instructions, training, and any other safety-related communications, are conveyed to contractor employees in a language in which they are literate and capable of comprehensive understanding.

3.5 Safety Mishaps.

3.5.1 Reporting Requirements. The contractor shall notify the COR immediately upon any mishap. For purposes of this requirement, the DoW defines a mishap as an unplanned event, or series of events, that results in:

(1) Death

(2) Injury

(3) Occupational illness

(4) Loss/Damage/Destruction to vessel, cargo, real property, or GFE

3.5.1.2 Evidence Preservation. The contractor shall preserve all physical and testimonial evidence related to a mishap until written authorization of release is issued by the COR or CO, confirming it is no longer required for investigation. Full cooperation with USG-led investigations is required.

3.5.2 Safety Mishap Investigation Reporting Timelines.

3.5.2.1 Initial Investigation Report. The contractor shall notify COR immediately of any mishap. An initial report shall then be provided no later than eight (8) hours after the occurrence and shall include, at a minimum:

(1) Date, time, and location of the mishap

(2) Identification of injured personnel and extent of injuries

(3) Brief description of equipment or property damage

(4) Brief description of activity being performed at the time of the mishap

(5) Immediate actions taken (e.g., emergency response initiated, work stopped, area secured)

(6) Supervisor name and contact information

(7) List of employees involved or who witnessed the mishap

3.5.2.2 Interim Mishap Report. The contractor shall provide a follow-on report to COR.

This report will supplement the initial notification by including additional information available at that time, as applicable:

(1) Updated status of any injured personnel

(2) Photographs of damaged/affected equipment or property

(3) Copies of relevant training certificates and/or licenses for personnel involved

(4) Maintenance and inspection records for equipment involved

(5) Additional information as directed by the COR

3.5.2.3 Final Mishap Investigation Report. The contractor shall provide the COR with a final mishap investigation report within 30 calendar days, not to exceed this timeframe. At a minimum, and as applicable, this report shall include:

(1) Executive summary of the mishap

(2) Chronology of events leading up to, during, and after the mishap

(3) Updated/final medical status and diagnosis of injured personnel

(4) Description and extent of equipment or property damage

(5) Photographs, diagrams, or other supporting evidence/documentation

(6) Witness and participant statements

(7) Maintenance, inspection, and/or training records relevant to the mishap

(8) Findings identifying the root cause(s) and contributing factors

(9) Corrective and preventive actions implemented to prevent recurrence

3.6 Vehicle and Port Traffic Safety.

3.6.1 The Contractor shall strictly adhere to DoW Instructions, DoWI 6055.04, DoW Motor Vehicle and Traffic Safety, particularly regarding vehicle and traffic safety on DoW installations. This instruction applies to all personnel operating government-owned or leased motor vehicles, or privately owned vehicles while performing official government duties (DoWI 6055.04 [p. 4, 1.1.a.(4) & (5)]).

3.6.2 The Contractor shall enforce the following vehicle and port traffic safety requirements.

3.6.2.1 Speed Limits:

(1) Vessel ramps and interior decks: Do not exceed 5 MPH

(2) Staging areas and port roadways: Operate at a safe speed for prevailing conditions, not to exceed the posted limit for the area.

3.6.2.2 Unattended Vehicles:

(1) Vehicles with engines running or non-functional brakes shall not be left unattended.

(2) Vehicles with inoperable air brake systems must be labeled "NO BRAKES" on all sides and choked securely.

3.6.2.3 Ramp Operations:

(1) Only one vehicle may operate on a vessel ramp at a time.

(2) Adequate ramp safety controls shall be established to direct and manage vehicle movement.

(3) Vehicles shall not idle across watertight door thresholds.

3.7 Emergency Equipment Requirements. The contractor shall provide and maintain all emergency equipment necessary to ensure a prompt and effective response to any mishap or hazardous condition that may occur during operations. Such equipment should be appropriate to the present hazards, readily accessible to personnel, fully functional, and positioned to allow immediate deployment. The contractor is responsible for ensuring that emergency equipment is sufficient in type, quantity, and placement to meet applicable regulatory requirements and to protect the safety and health of all personnel engaged in terminal operations.

3.8 Safety Devices, Traffic Cones, and Other. The contractor shall provide traffic cones, caution tape, rope, or signage for the control of pedestrian or 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 should supply enough traffic cones or other safety devices to visibly designate safety routes or marked areas considered dangerous. Compensation for these items is included in all commodity rates established in the SOR.

3.9 Environmental and Hazardous Response.

3.9.1 Emergency Response Procedures. The contractor shall provide the COR/Safety Officer with a comprehensive, overarching safety and security Emergency Response Plan (ERP) within five (5) calendar days of award. This plan is the all-hazards document that clearly outlines the procedures for initial, immediate actions required during any emergency.

3.9.1.1 Immediate Response and Responsibility. In the event of any spill, leak, or other incident requiring emergency response, the contractor shall immediately implement the ERP's initial steps. The contractor shall promptly arrange for specialized outside emergency response personnel for containment and cleanup if internal resources are insufficient. The contractor shall be financially liable for the entire cleanup and property damage resulting from spills/leaks caused by contractor negligence or equipment. The contractor shall ensure all employees and subcontractors are trained on and follow these immediate safety and emergency procedures defined by the ERP and local port authority requirements.

3.9.1.2 Emergency Procedures for Explosives. As part of the ERP, the contractor shall incorporate specific procedures into emergency evacuation, firefighting, and personnel accountability in emergency response plans when explosives operations are conducted. The COR or unit safety representative will ensure contractor has information necessary to meet this requirement.

3.9.1.2.1 Contractors shall remove personnel involved in explosives safety violations or dangerous actions while handling explosives. Procedures will be established to restrict these personnel from performing explosives handling until training or effective, corrective actions have been implemented and provided to the COR.

3.9.2 Environmental Compliance Officer. The contractor shall designate a qualified contractor employee who shall serve as the Environmental Compliance Officer (ECO) for HAZMAT handling. This employee shall be trained to assume command and control over environmental situations 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 all commodity rates established in the SOR.

3.9.3 Leaking Cargo Shipments. For military cargo leaking POL or unknown or hazardous substances, not caused by contractor’s negligence, 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 (PERO) any leakage or spillage of hazardous substances on the ground or vessel. The contractor shall not transport any cargo exhibiting leakage, spillage of POL, or any other hazardous substance. Should the contractor transport cargo that subsequently leaks, spills POL, or any hazardous substance during performance under this contract, the contractor shall be solely responsible for, and bear the full cost of, all necessary cleanup and remediation activities. In instances where a leak or spill occurs that is not attributable to damage caused by the contractor, the USG will compensate the contractor for remediation efforts at the established rates detailed in Schedule 2 and Schedule 4 of the SOR, or Out-of-Pocket (OOP) expense if necessary. Compensation will be provided for labor, materials, and equipment utilized in the cleanup process. However, in the event of an accidental or deliberate discharge of HAZMAT, the contractor shall be held fully liable for all costs associated with the incident, including but not limited to remediation, fines, penalties, and damages, should the contractor fail to promptly mitigate the hazard and report the spill.

3.9.4 Port Emergency Response Officer. The contractor shall follow the directives provided by the PERO 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.

3.9.5 Spill Contingency and Response Plan (SCRP). The contractor shall provide a detailed, environment-specific Spill Contingency and Response Plan (SCRP) to the COR within five (5) calendar days of contract award. This plan shall demonstrate compliance with all applicable environmental laws and regulations pertaining to marine pollutants and port facilities, including directives from the Maritime Emergency Response Guide and the United States Coast Guard (USCG). The SCRP shall be written in detail three specific, critical components: proactive prevention, detailed response, and secondary containment. First, the plan shall describe how the contractor will proactively prevent spill incidents from occurring.

Second, it must outline the specific steps for responding to and cleaning up any spill incidents that do occur. Finally, an acceptable, detailed secondary containment plan must be submitted as an integral part of the SCRP itself.

3.9.6 Hazardous Spill Supplies. The contractor shall maintain supplies for emergency response for hazardous spills on thoroughfares or roadways within the port and 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, waste, or contaminants that may potentially affect the environment. Compensation for these supplies shall be included within commodity rates in the

SOR

3.9.6.1 Secondary Containment for HAZMAT, Wastes, and POL’s. The contractor shall provide containment devices of various sizes when required for temporary and permanent storage facilities that retain POL substances, HAZMAT, and hazardous waste (i.e., new or used oils, fuels, lubricants, solvents, batteries, acids, paints, antifreeze, and/or oily rags, etc.).

Compensation for these devices shall be included within commodity rates in the SOR

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

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

3.9.7 HAZMAT Certification. 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” 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.

3.9.7.1 The contractor shall provide to the COR a list of all personnel by name each day services are ordered of those drivers/operators that will be assigned to handle military vehicles, HAZMAT, or ammunition-laden cargo. 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 verifying their qualifications against the approved list of personnel scheduled to perform driving functions. Any driver/operator found not listed or non-compliant, the contractor shall remove that driver/operator from the vehicle or equipment and the incident shall be documented by the COR who will report the incident in the monthly performance evaluation report.

3.9.7.2 Hazardous Cargo. For hazardous cargo shipments, the contractor shall review driver’s bills of lading and other driver’s paperwork (e.g. DD Form 2890) to determine if a shipment is hazardous. The contractor shall apply for additional placards if HAZMAT shipment arrives with missing placards. The transportation and handling of hazardous cargo for shipment shall be subject to 49 CFR Parts 100-185 and International Maritime Dangerous Goods Code (IMDG) (all commodities).

3.9.8 Explosives Familiarization and Training (applies only to Ports handling A&E). All contractor personnel who handle, haul, or manage explosive quantity process shall complete training as defined by the ARTRANS Brigade Explosives Safety Management Plan (ESMP).

3.9.8.1 Training Tracking and Reporting. The contractor should maintain training status for employees and provide confirmation, with dates trained, for personnel who will be on the port performing explosive-related tasks daily. This task is a performance measure.

4. GENERAL CONTRACT ADMINISTRATION

4.1 General contract administration is defined within this section. Additional duties and requirements specific to the port(s) within the scope of this contract may be further defined in Section 6.

4.1.1 Port Licensing and Permits. The contractor and its subcontractors shall possess a valid and current Business License issued by the state/country where the port(s) are located. The contractor and any subcontractors intended to work at or access the port(s) must also have a work permit issued by the applicable Port Authority as evidence the contractor and/or its subcontractor(s) have the legal authorization to work in/at the port(s). The contractor shall provide updates to the CO and COR for any previously submitted documentation collected during the tech evaluation portion of the contract acquisition.

4.1.2 Subcontractors. The contractor shall require all subcontractors and subcontracted labor to comply with the terms of this PWS. The contractor shall include a clause in each subcontract to require the subcontractor and its employees to comply with terms of this PWS applicable to services the subcontractor is providing. For instance, a subcontract for stevedoring services would require flow down of all terms related to stevedoring, including cooperation and assistance in accident investigation.

**NOTE: Any references to the contractor throughout the PWS shall imply it acting as the “prime” and their “employees”, or “subcontracted laborers”, or others acting on behalf of the prime contractor unless otherwise specified.

4.1.3 Labor Agreements and Port Tariffs. The contractor shall submit, the current labor agreement and current published port tariff that covers specified ports in this contract to the CO/COR, no later than two (2) calendar days from the contract award date. The contractor shall also furnish updated information about specific changes to union contracts, wage increases, local work rules, and labor agreements, as well as new/updated port tariffs charges/fees affecting USG cargo operations IAW the performance of this contract as they become available.

4.1.4 Contract Managers. The contractor shall designate a primary Contract Manager and at least two (2) alternate Contract Managers as key personnel who shall be responsible for ensuring satisfactory performance of all services under this contract. The contractor shall provide telephone numbers for each of the Contract Managers and their alternates where these individuals may be contacted during and after duty hours. The Contract Managers shall have demonstrated experience in directing and managing longshoring and stevedoring operations.

The Contract Managers and their alternates must be able to understand, read, write, and speak the English language and other languages understood by its laborers/workers as necessary.

4.1.4.1 Contract Manager(s) and alternates shall have full authority to act and make financial decisions on behalf and within the capability of the contractor on all matters pertaining to the performance of services under this contract.

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

4.1.4.3 The contractor shall provide the COR with at least 48 hours' written notice before removing or replacing any designated Contract Manager(s) or alternate Contract Manager(s).

4.1.5 Multiple Work Sites. During the performance period of this contract, the contractor shall have the ability to work simultaneous cargo handling operations at multiple work sites to include, but not limited to, working vessel(s) operations (working multiple decks simultaneously) and performing reception and disposition services of rail, commercial truck(s), call forwarding, and staging yards. The contractor shall have its Contract Manager(s) or alternates always present at each work site and accessible to the COR. 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.

4.2 Task Orders. All S&RTS services performed IAW this PWS will be ordered by Task Order (TO). The TO will be assigned a number by ARTRANS G8 and subsequently issued by an appointed Ordering Officer (OO) to the contractor IAW the ordering process provided in Appendix A. Any work performed prior to the TO issuance will be at the expense of the contractor. All services shall be identified by the COR and conveyed to an appointed OO.

4.2.1 The OO will develop an initial TO as soon as practicable and prior to the start date and time for each day S&RTS services are ordered. The OO will provide an initial TO to the contractor. The initial TO will identify all commodity, man-hour, miscellaneous materials, or associated services agreed upon between the COR and the contractor.

4.2.2 Vessel Task Orders will be separated by “upload and/or discharge” for all known vessel work, whereas all terminal work shall be ordered by the day, or by Documented Week (DocWeek). DocWeek shall be Sunday through Saturday.

4.2.3 The contractor has the sole responsibility to order all labor for the required TO work in sufficient quantities and classes to meet the agreed upon productivity levels and completion timelines.

4.2.4 Ordering Updates. The contractor and COR/OO shall agree on ordering services to include daily cut-off time(s) for ordering all S&RTS services. COR, OO, and contractors will establish procedures for ordering services within the first month of contract award date.

Unless otherwise agreed upon in writing, the USG shall order services No Later Than (NLT) 1400hrs for 0800hrs start times for the next day. Example: Services shall be ordered by Monday at 1400hrs for Tuesday morning 0800hrs start time, Monday start times shall be ordered on Friday.

4.2.4.1 Verbal Requests. During any operation, the COR may identify additional labor, services, or CFE/MHE needed verbally to the contractor and will follow-up with an official written request.

4.2.5 Excusable Delays. The contractor shall be responsible for all missed deadlines unless beyond the reasonable control of the contractor and without its fault or negligence, such as acts of God, acts of public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, labor disputes, unusually severe weather, or unless otherwise excused by the CO.

4.2.6 Cancellation of Services. Cancellation of services shall include daily cut-off time(s) for canceling ordered services. COR, OO, and contractor will establish procedures for canceling services within the first month of contract award date. Unless otherwise agreed upon in writing, the USG will and the contractor shall agree, ordered services shall be canceled NLT 1700hrs the same day as ordered for 0800hrs start time the next day, or at 0700hrs the next day for 1300hrs start time the same day. Example: services ordered on Monday at 1400hrs for Tuesday morning 0800hrs start time, may be canceled at or before 1700hrs the same day as ordered.

4.2.6.1 The COR may initiate cancellation of services through verbal notification, followed by written confirmation via email, memorandum, or other documented communication. Such communication will specify a cancellation date, on or before which ordered services and/or equipment may be cancelled by the USG without incurring any charges or liabilities. The contractor shall not be entitled to compensation for services cancelled prior to the established cut-off time.

4.2.6.2 Should contractor personnel arrive at the work site during the scheduled order time and services were cancelled due to circumstances beyond the control of the USG as verified by the COR, the contractor shall receive a minimum time guarantee for all classes of labor in accordance with local labor laws. If the contractor fails to timely notify its personnel of service cancellations, the contractor is solely responsible for compensating those personnel and shall not be entitled to reimbursement.

4.2.7 Reconciliation and Validation. After the mission the contractor will coordinate reconciliation with the COR for services rendered and both parties will concur with a final payment amount within seven (7) days of mission completion. The contractor will then submit a final invoice to the COR for payment. The process and timeline for invoice validation are outlined in Appendix A (Payment, Ordering, and Invoicing Instructions).

4.3 Out-of-Pocket (OOP) Expenses. OOP expenses involve the reimbursement of actual invoiced costs made by the contractor to a third-party vendor, supplier, subcontractor, or port tariff for additional supplies, materials, facility support services, or other services sourced on behalf of the USG and for which a rate does not exist in SOR. The contractor will not receive reimbursement for OOP that is incurred without prior approval of the COR.

4.3.1 Vendor Invoice or Receipt. The contractor shall substantiate all OOP expenses by submitting the paid vendor invoice and itemized receipts in English to the COR during the reconciliation process. OOP expenses will be ordered and reimbursed only for mission-related services, supplies, or materials identified by the COR and ordered by written request to be added to or pre-ordered on the task ordering template.

4.3.1.1 Items purchased/rented shall be identified on the TO template (MISC. Tab) form by the OO and certified as necessary by the COR. The contractor’s invoice for miscellaneous expenses shall detail each service or supply, the rate per unit, number of units, and total extended price accompanied by the vendor(s) receipt/invoice as substantiating documentation.

The USG will not reimburse for any miscellaneous OOP expenses without all substantiating documentation (vendor itemized receipt/invoice) attached. For miscellaneous supplies and durable goods not listed under a specific SOR, compensation shall be at reimbursement OOP expense.

4.3.2 Three (3) Written Estimates. The contractor shall provide three (3) written estimates for all additional services, materials, supplies, or rental equipment prior to purchase or rental for COR approval when multiple vendors/sources exist. OOP expenses do not include expenses inherent to performing S&RTS commodity work. The purpose of OOP expenses is to purchase new supplies or non-durable goods, as needed and when approved, on behalf of the USG.

4.3.2.1 The contractor shall obtain written approval from COR prior to the purchase of all goods and services considered. The COR shall seek CO approval for all OOP expenses exceeding $3,500.00.

4.4 Military Support. The USG reserves the right to support or conduct military port operations and training at its discretion, either scheduled or unscheduled. When possible, the USG will provide advance notice to the contractor. During these events, the USG may utilize military or USG civilian personnel for activities supporting terminal operations. The contractor shall not receive any compensation for cargo handling conducted by the USG during these events unless specified in the labor agreement covering the port.

4.5 Commodity Rates. The contractor shall provide an all-encompassing commodity rate for each commodity listed in the SOR (e.g., commodity rates) shall include all the below but not limited to the following: (see requirements throughout the PWS).

(1) Management, Supervision, Safety Manager, Environmental Compliance Officer, or other non-subcontracted personnel.

(2) All planning activities.

(3) Contracted Services Reporting: Administrative and contract data and requested reports for all services provided.

(4) All directly employed or subcontracted Stevedores, Longshoremen, tallymen, and warehousemen i.e., all classes of labor, foreman, supercargo, general labor, skilled labor I, II, and III, skilled drivers, crane operator, gear man, mechanics, carpenters, (not all-inclusive personnel list).

(5) All employee administrative costs for fringe benefits, guaranteed overtime, travel, or other costs

(6) CFE, MHE, and its driver/operator, gear, mechanics tools (manual and air), shop equipment, rigging, spreader bars, slings, wire rope, hooks, shackles, straps, and military style slave cables.

(7) Mobilization and demobilization of all labor, equipment, and gear.

(8) Materials and miscellaneous supplies (PPE, safety devices, safety cones, dunnage, POL, fuel, and hazardous collection and/or cleanup supplies).

(9) Lashing and unlashing for all conveyances (vessel, truck, and rail).

(10) Cargo accountability, cargo inspections, cargo and lashing inspections for vessel, and rail lashing inspections/movement.

(11) Tallying & checking services (i.e., runners, scanning, documentation, vessel foot printing, and timekeeping). Includes measuring cargo and validating cargo dimensions

(12) Cargo management (i.e., space, consolidation and stripping/loading of secondary loads, frustrated, towing, stacking, stripping, contact maintenance, safety/environmental).

(13) Cargo transfer during loading/unloading operations.

(14) Housekeeping (e.g., vessel, yards, lots, warehouse, and facilities).

(15) Staging setup and closure.

(16) Port tariff fees/charges associated with USG cargo handling.

(17) Assisting in opening/closing containers during CBP inspections.

(18) Moving vehicles forward in staging yards and hand-off points as required.

(19) Recovering, storing, and inventory for any excess materials or supplies after each operation.

(20) Obtaining access passes/permits for USG personnel for access to ports specified in this contract.

4.5.1 The following is a list by commodity number and category and examples of vehicles, containers, breakbulk, or aircraft they represent (not an all-inclusive list).

(1) Commodity 35 – Aircraft. Rotary or fixed wing.

(2) Commodity 40 – Breakbulk. Non-rolling stock cargo that is not containerized.

Field maintenance units M7-FRS or multiple stacked flat racks, skid mounted generators, or loaded 463l pallets, etc.

(3) Commodity 44 – Containers. Nonexplosive - less than twenty feet in length (i.e., ISUs, Bicons, Tricons, Quadcons).

(4) Commodity 45 – Containers. Nonexplosive - 20’and 40’ lengths or multiple knuckled containers configured into twenty- or forty-foot units.

(5) Commodity 60, 61, and 67. Vehicles and trailers - classified by weight class.

4.5.2 Commodity Pricing. The USG shall compensate the contractor for commodities handled. The Unit of Measure (UOM) shall be each (EA) for single pieces (e.g., containers, vehicles, orphaned trailers, and/or aircraft). Commodity category, plus the labor agreement charge/fee (short-ton (tonnage) and per container fee) shall be included in each payable commodity, when applicable. Prime vehicle/trailer combinations will be considered one (1) piece. For breakbulk cargo the UOM used is “Measurement Ton (MTON)”. For payment purposes, breakbulk secondary loaded, nested, or stacked on cargo beds or trailers will be considered part of prime vehicle/trailer and counted as part of the prime vehicle or trailer.

Stacked/bundled flat racks shall be counted as one (1) piece.

4.5.2.1 In addition, commodity rates are intended as onetime payment for movement of cargo, (e.g., from its staged location (point of rest), moved to the final point of stow onboard the vessel, “or” from the stowed location onboard the vessel to its designated final point of rest per the USG’s staging plan) or from point of rest (staging) to/from CULT assets (truck/rail). The USG will not pay for cargo consolidation or any resulting double handling unless specifically requested and approved in advance by the COR. Routine cargo tallying and checking are excluded from this requirement. Any temporary stoppage of cargo flow between staging areas and transport (vessel, truck, or rail) is the contractor’s responsibility and at their expense.

4.5.2.2 Each commodity is further divided by handling method (lift, roll, tow) inferring loading or discharge:

(1) Lift-On/Lift-Off (LO/LO) - Cargo lifted on/off any conveyance (vessel, truck, or railcar) by cranes of all types or rigged top/reach stacker.

(2) Roll-On/Roll-off (RO/RO) - Vehicles driven, running, or moving under their own power with trailers pulled by its prime mover. Containers, breakbulk, loaded or discharged by CFE/MHE (MAFI/bomb cart).

(3) Tow-On/Tow-Off (TO/TO) - Inoperable vehicles or orphaned trailers pulled by CFE/MHE towed on/off any conveyance or (vessel, truck, or railcar).

4.5.2.3 The contractor shall be responsible for using proper methods of dragging, lifting, or towing vehicles/trailers and general cargo as stated elsewhere in this PWS, military standards per Army Regulation (AR) and Modal Instructions (MI). The USG preferred and most efficient method of loading or discharging vehicles is by driving them under their own power.

The USG will not compensate the contractor for loading/discharging cargo in an unintended commodity method (e.g., lifting operable vehicles in lieu of driving them or separating a trailer from its prime mover) unless approved by the COR. The contractor shall be fully responsible and liable for all damage caused by its personnel for negligence due to improper handling methods.

4.5.2.4 Exceptions to Commodity Rates. The USG will make exceptions to compensating the contractor per commodity rates for cargo shipments received for which no commodity rate(s) were established. The USG will compensate the contractor to handle cargo per Extra Labor (XL) and Equipment Rental Rates (EQR) (if needed) as established in Schedule 2 and 4 of the SOR. If the COR determines it is necessary to establish additional commodity rates, the COR will advise the CO for SOR modification for the remaining period of performance of this contract.

4.5.3 Measurement Ton Calculations. The USG will calculate MTONs using cargo dimensional data; calculate volume in inches (length x width x height) divide by 1728 (volume of 1 square foot) then divide by forty (40) cubic feet. Example: Dimensional measurements of (L) 240in (W) 96in (H) 96in divided by 1728 then divided by 40 will equal 32 MTON’s.

4.5.4 The contractor shall assume all military operations will be…