Attachment 1 - Performance Work Statement (PWS)_Wilhelmshaven.pdf

HTC71125RE142 – Attachment 1

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

PORTS OF WILHELMSHAVEN, GERMANY

Stevedoring and Related Terminal Services (S&RTS)

Performance Work Statement (PWS)

For

Military Operations Terminal

838th Transportation Battalion, 950th Transportation Company

08-07-2025

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 9

4.0 General Contract Administration 17

5.0 General Contractor Requirements 32

6.0 Terminal Specific Requirements 47

Contract Performance Requirements Summary (PRS) Table 61

Appendix A Regulations, Publications, & Forms 66

Appendix B Glossary of Terms 71

Appendix C Payment Instructions 84

Appendix D List of Acronyms & Abbreviations 88

Appendix E Foreign Entity Vetting 90

1. BACKGROUND AND SCOPE

1.1 Background. The Military Surface Deployment and Distribution Command (MSDDC), 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). MSDDC is responsible for providing coordination worldwide for origin to destination surface traffic management support; coordinates surface and multimodal transportation contracted functions for all DOD (and other U.S. Government entities, as authorized, and designated multinational and interagency elements). Since its establishment in

1965, MSDDC has played a vital role in our nation’s defense by providing support to the warfighter 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) handling the import and export of Defense Transportation System (DTS) sponsored and non-sponsored cargo through the Port of Wilhelmshaven and serves as the primary location for the transit of Class V Ammunition & Explosives (A&E) destined to US Army and Air Force unit(s) stationed in northern Germany. All tasks shall be completed per requirements stated throughout this Performance Work Statement (PWS) and in a manner consistent with “Safety, Efficiency, and US warfighters in Mind”.

1.2.1 S&RTS services will cover the full spectrum of managing the United States Government

(USG) Military cargo (e.g. containers, vehicles, breakbulk, and rotary or fixed wing aircraft) transitioning through designated seaport. Operational tasks shall include but are not limited to all stevedoring and longshoring required for vessel, truck, rail 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 and vessel decks simultaneously, at the port of Wilhelmshaven, 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 6 for port location). All classes of supply that include A&E and hazardous materials, as well as sensitive, controlled and/or other general DOD cargo, shall be 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 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, MHE, materials, supplies, management, and enough qualified general & skilled labor to satisfy the full scope of operating seaport terminal for this contract.

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 are defined within this section.

Additional duties and requirements specific to the particular terminal within the scope of this contract are 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 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 U.S. 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 950th BN for vetting through the 598th 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 950th 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 Department of Defense

(DOD) 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 DoD 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 MSDDC 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 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.

2.3.9 Port Access. The Contractor’s employees, to include sub-contractors, will comply with port access and control procedures. Personnel not cleared for entry into secured working areas will be denied entry and the USG shall not be liable for wages of such denied personnel.

2.3.10 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 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.

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

Issuances” the following DOD 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 collected must comply with the host nation, DoD 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.

2.6 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 are defined within this section.

Additional duties and requirements specific to the terminals within the scope of this contract are further defined in Section 6.3 –Port - Terminal Specific Requirements (safety). FAR 52.236-

13(a) and Alternate 1(f) apply.

3.2 Enforcing and Monitoring Safety. The Contractor shall comply with, enforce, and monitor applicable USG safety and fire regulations. The COR will log any discrepancies within the defined quality performance process. The Contractor shall establish and maintain an effective and comprehensive safety program. The contractor shall submit the safety program within 5 days of award to the COR. The Contractor shall acquire, maintain, and require the use of safety equipment, personal protective equipment (PPE) (29 CFR 1917.91-95/1918.101-106) and devices necessary to always protect all employees, Military and civilians while working

Military Operations at the Port of Wilhelmshaven, Germany, i.e., terminals, railhead/spurs, commercial truck yards, and on all vessel(s) laden with military vehicle/equipment.

3.2.1 Safety Program

3.2.1.1 Safety Program Representative. The Contractor shall provide as part of its management staff a dedicated Safety Program Representative (SPR) and/or alternates as needed for each operation. The Contractor shall ensure the SPR is accessible and on site to observe all USG

Operations contractor personnel to include sub-contractors to ensure the Contractor’s safety https://www.esd.whs.mil/dd/ practices are monitored, damage/injury is investigated and make corrections when deviations or departures from safety are observed.

3.2.2 Accident Prevention/Safety Program. The Contractor shall provide to the COR within five (5) calendar days of contract award date, their written plan for accident prevention/safety program, for port/terminal operations at the Port of Wilhelmshaven, per Federal Acquisition

Regulations (52.236-13 Accident Prevention).

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, infraction or violations have been addressed and corrected and/or revises their methods of operation to correct the safety issue and brings together all personnel for a safety briefing to the Safety Officer or their representative 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 and all safety violations/infraction shall be documented.

3.2.4 Safe Working Load Lift trucks, and Cranes. The Contractor shall adhere to local authority and DoD standards for “safe working load” for all Contractor Furnished Equipment &

Material Handling Equipment CFE/MHE, to include all cranes (ship or shore). The Contractor shall adhere to all safety requirements when lifting cargo. The Contractor shall ensure all

CFE/MHE driver/operators are certified and trained as per Host Nation (HN) requirements. The

COR or other designated USG personnel may stop any/all driver/operators to assess whether they are certified or trained on the equipment they are operating.

3.2.5 Personal Protective Equipment (PPE) Safety/Hazard Analysis. The Contractor shall ensure all Contractor personnel, to include its subcontractors, have and/or wear proper PPE. The

Contractor shall provide to the COR a Safety/Hazard analysis that defines the proper PPE required to be used and/or worn when engaged in terminal or port operations. 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 to the COR within two (2) calendar days a new/updated

Safety/Hazard analysis if/when changes in operational scope occur. The Contractor shall conduct

PPE/Hazard Analysis in English language and language understood by the labor/workers.

3.3 Contractor Safety Briefings. The Contractor shall, as part of all commodity and extra labor operations, conduct and document safety briefings for all workers by name prior to all vessel, terminal service/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 USG representative. The COR or MSDDC Safety Officer may also participate in these briefings. The job safety/hazard analysis should be the basis for safety brief content. See FAR 52.236 (f)(1) for guidance. Safety briefings conducted by the

Contractor shall relate to the type of operation (e.g., truck, vessel, rail, yard, crane, ammunition etc.), and at a minimum, must meet local authority and/or DOD regulatory guidance or host nation requirements. The Contractor shall conduct safety briefings in English language and language understood by the labor/workers.

3.3.1 Safe Working Load. The Contractor shall adhere to local authority and DoD standards for “Safe Working Load” for all MHE and lifting gear, to include all cranes (shore or ship), when lifting cargo. Reference 29 CFR§§ 1917.42 Miscellaneous auxiliary gear.

3.4 USG Safety Briefing. The USG, at its discretion, may conduct additional safety briefings when necessary and per 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 detention and compensated per Schedule 3B of the SOR. No compensations shall be made to the contractor for “safety stop/violations”.

3.5 Reporting Accidents, Injuries and Damage

3.5.1 Reportable Accident, Injuries or Damage Reporting. The USG requires reporting of any situation that results in injury or death to any personnel, or damage to USG cargo or commercial property. The Contractor shall immediately notify the COR of any incident and/or accident that results in injury or death to any personnel, damage to USG cargo, commercial property, during or arising from performance under this contract. The Contractor shall submit accident investigation reports to the COR and USG Safety Officer as mandated in Reporting

Timeline Requirements listed below.

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

3.5.1.2 The Contractor shall submit all maintenance records for CFE/MHE involved in any accident or incident involving injury.

3.5.1.3 The Contractor shall assist the USG during any incident and/or accident investigation.

3.5.1.4 The Contractor shall report overall accident rate annually.

3.5.2 Preserve Critical Evidence. 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, USG Safety

Officer, and local authorities.

3.5.3 Reporting Timelines and Requirements

3.5.3.1 Within eight (8) Hours: Accident Information required from Contractor of incident if severe damage to equipment, hospitalization of employees or loss of life:

• Date and time of incident

• Location of incident

• Brief synopsis of the accident, to include injured personnel, equipment damage 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

3.5.3.2 Within 24 hours: Accident Information required from Contractor

• Information from 3.5.3.1

• Status of injured personnel

• Pictures of affected equipment

• Training certificates/licenses for personnel involved in incidents

• Maintenance records of equipment involved in incidents

3.5.3.3 Within 30 Calendar Days (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

3.6 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 the services defined in this paragraph is included in all commodity rates established in the SOR.

3.7 Posted Speed Limits. The Contractor shall enforce all posted port speed limits for all vehicle traffic per local port directives, The USG has further defined vehicle speed limits as follows for Military vessel/terminal operations at all piers/terminals/ports, (unless further defined) the maximum speed limits for vehicle(s) shall be inside a vessel, on vessel ramps, and/or dock/pier is <5 MPH (walking speed), maximum speed limits within staging areas, is 10

MPH or less, and for roadways to/from staging to vessel the maximum speed limit shall be 10

MPH, for CFE/MHE speed limit is 10 MPH or <5 MPH on vessels.

3.8 Vehicle Safety. During all operations, the Contractor shall not leave any vehicle

(military or commercial) unattended when the engine is running, or if brakes are not operational.

3.8.1 Military vehicles/trailers with air braking systems that have been determined to be inoperable (i.e., air systems have been compromised, brakes have been caged or considered freewheeling) shall 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 and trailers shall remain attached to its prime mover or if orphaned have hand brakes set, or wheels chocked blocked.

3.8.2 Fire Extinguisher & First Aid Kit. The Contractor shall provide and ensure all

CFE/MHE used in military operation shall have mounted fire extinguishers and First Aid kits with an up-to-date inspection sticker/documentation and inspected monthly.

3.9 Vessel Safety. 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.

3.9.1 The Contractor shall provide ramp guards stationed at all vessel ramps in use to direct traffic, monitor foot traffic, and alert personnel when vehicles are traversing ramps, all ramp guards shall have whistles and flashlights in addition to PPE. Compensation for the services defined in this paragraph is included in all commodity rates established in the SOR. The government reserves the right to use its own personnel to man TCPs and are not required to use contractor labor for this task.

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 are further defined in

Section 6.0 Port - Terminal Specific Requirements (administration).

4.1.1 Port Licensing and Permits. The Contractor or its named Subcontractor shall possess a valid and current Business License (BL) issued by the country of Germany as well as a work permit issued by the applicable Port Authorities from the Host Nation country (OCONUS) as evidence that Contractor or its named subcontractor(s) has legal right to work in/at the 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 Subcontractors. The Contractor shall require subcontractors to comply with all applicable regulatory requirements of this contract. The Contractor shall include a clause in each applicable subcontract to require Subcontractor's cooperation and assistance in accident reporting and investigation.

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

4.1.2 Labor Rules & Agreements and Port Tariffs. The Contractor shall submit copies upon award of this contract to the USG of all current labor rules, labor agreements or Collective Labor

Contract (CAL) (if applicable), and current year published port tariffs (English version). The

Contractor shall also furnish updated information about specific changes to local work rules, labor agreements, and new port tariffs affecting USG cargo operations IAW the performance of this contract as they are available.

4.1.2.1 Port Services/Tariffs. The Contractor shall be responsible on behalf of the USG for cargo handling costs related to handling and movement of USG cargo associated with port offered services not associated to vessel (i.e., berthing, wharfage, landing fees, husbandry, or other vessel charge/fees etc.). All commodity rates applicable to this contract are inclusive of all labor, equipment and port handling/tariff costs related to the handling and movement of cargo.

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 services or for imposed taxes/fees/charges. The Contractor will not include such taxes, duties, customs fee, free time, excise fee/tax, inspection fee, bond, or the like 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 level of the work. The Contractor shall provide telephone numbers for each of the contract manager(s) and their alternates where these individuals may be contacted during and after duty hours. The contract manager(s) shall have demonstrated experience in directing and managing longshoring and stevedoring operations. The contract manager(s) and their alternates must be able to understand, read, write, speak, translate both English & German fluently.

4.1.3.1 Contract manager(s) and alternates shall have full authority to act and make financial decisions on behalf of the Contractor on all matters pertaining to the performance of services under this contract.

4.1.4 Multiple Work Sites. During the performance period of this contract, the Contractor shall 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 & staging yards. 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 on or before which we may cancel 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) calendar days of contract award date. 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 Orders. 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 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 productively levels, and completion timelines. Should the Contractor mis-judges commodity work completion timeline and advises the COR/OO to order services for the next day, and commodity work completes prior to next day’s start time, the contractor shall be liable for all personnel, and any union guaranteed time at its expense.

4.2.2 Cancellation of Services. Cancellation of services shall include daily cut-off time(s) for cancelling all S&RTS. Procedures for cancelling services shall be provided within two (2) calendar days of 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, or at 0700hrs the next day for 1300hrs start times the same day. Example: Services ordered on Monday at 1400hrs for Tuesday morning

0800hrs start time, may be cancelled at or before 1700hrs the same day as ordered.

4.2.2.1 The COR/OO 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 cancelled 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 cancelled 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/OO.

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.

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

4.2.4 Reconciliation and Validation. The goal of the 950th is to reconcile, complete, and process the Contractors invoice and close all TO’s within 21 calendar days of the completion of each task order. The COR/OO shall determine, and the Contractor shall agree to reconcile and settle all task order(s) within a set timeline and provide an invoice to the COR for payment. The

Contractors failure to reconcile TO’s within the below perimeters will result, with the USG finalizing TO’s based on its documented evidence of the Contractors performance, whereas the

Contractor shall agree/accept the USG’s “final TO” for invoicing.

4.2.4.1 The COR, OO, and the Contractor shall reconcile all S&RTS within seven (7) calendar days of completing the work, reviewing all supporting documentation (logbook, tally sheets, and time sheets, and written request) for (vessel or DocWeek) ordered services. The COR will provide the contractor with the MSDDC Form MT 288 capturing all commodity, detention, standby, Extra Labor (XL), for each class of labor and EQR time used in conjunction within commodity work, the Contractor and COR shall agree by signing (digital or wet signature) the

MT288.

4.2.4.2 Once reconciled, the OO will within seven (7) calendar days or when practicable after large operations will finalize each TO accounting for actual Contractor performance per MT 288.

The OO will submit a “final task order” to MSDDC G8 for validation, once validated and dated the OO will forward the validated TO, to the Contractor, whereas the Contractor shall then invoice the USG. The Contractor shall submit their invoice for payment to the COR for validations/certification, if information on the invoice is found not match the TO or MT288, the

COR will return the invoice back to the Contractor to correct or will validate & certify the

Contractors invoice within and summit within seven (7) calendar days to G8 for payment processing.

** NOTE** Any invoice submitted, dated prior to “G8 validation date” will be returned, G8 will not process invoices for payment dated prior to its validation date and will return invoice to the

COR whereas the Contractor will have to re-issue a corrected invoice for processing/payment.

The USG shall not be liable for accrued interest payments to the Contractor.

4.3 Out-of-Pocket (OOP) Expenses. OOP expenses involve the reimbursement of actual invoiced cost made by the Contractor to a third-party vendor, supplier, or subcontractor for additional supplies, materials, facility support services, or other services sourced on behalf of the

USG.

4.3.1 OOP expenses do not include expenses inherent to performing stevedoring and related terminal services. OOP expenses are for the purpose of purchasing supplies or non-durable goods. The Contractor shall obtain written approval from the COR/OO for each item requested.

All such materials or supplies shall become Government property, and the Contractor shall recover and reuse serviceable material and supplies from each operation and used in subsequent other operations when possible. The Contractor will not be compensated for re-use of recovered materials.

4.3.1.1 The Contractor shall gain prior written approval before the purchase of materials from the

COR/OO for OOP expenses exceeding the threshold of $3,500 per individual item. Additionally, administrative fees (exp; delivery charges or taxes) are allowable OOP expenses and compensation shall be set forth in the SOR. The Government may source materials to support mission readiness at its discretion and direct the Contractor to procure the materials.

"Government owned" is defined as either material purchased by the Government for Contractor use in support of this contract or materials purchased by the Contractor and approved as an OOP expense by the COR for Government use and for which Contractor has valid vendor receipts.

4.3.1.2 Vendor Invoice or Receipt. OOP expenses do not include expenses inherent to performing stevedoring and related terminal services. OOP expenses are for the purpose of purchasing supplies or non-durable goods. The Contractor shall obtain written approval from the

COR/OO for each item requested. All such materials or supplies shall become Government property, and the Contractor shall recover and reuse serviceable material and supplies from each operation and used in subsequent other operations when possible. The Contractor will not be compensated for re-use of recovered materials.

4.3.1.3 Items purchased/rented shall be identified on the TO template (MISC. Tab) form by the

OO and certified as necessary by the COR. The Contractors 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 schedule of rates (SOR), compensation shall be at reimbursement OOP expense.

4.3.1.4 Three (3) Written Estimates. The Contractor shall provide to the COR/OO three (3) written estimates for all additional services, materials, supplies, or rental equipment prior to the purchase or its rental for COR/OO approval. OOP expenses do not include expenses inherent to performing S&RTS commodity work. OOP expenses are for the purpose of purchasing as needed new supplies or non-durable goods on behalf of the USG.

4.3.1.5 The Contractor shall obtain written approval from COR/OO prior to the purchase of all goods & services considered. Whereas the COR shall seek CO approval for all OOP expenses exceeding $3500.00.

4.3.1.6 The Contractor shall provide 3PL/subcontracted services that include, but not limited, to agricultural vehicle or container pressure-washing services, pest and vegetation control, security services, vehicle or aviation fuel service, and specialized rental equipment. The USG will reimburse the Contractor for actual cost (vendor invoice or receipts required), and for any transportation, surcharges, expenses associated with furnishing ordered materials, equipment, supplies, and/or subcontracted services.

4.3.1.7 The USG may source specialized materials or subcontracted vendors to support mission readiness, at its discretion, for the Contractor to procure those materials or services on its behalf.

4.4 Military Training. The USG reserves the right to support or conduct military port operations training at its discretion, either scheduled or unscheduled.

4.4.1 The USG will inform the Contractor no later than (NLT) 48 hours prior to any scheduled training event or as soon as planning develops.

4.4.1.1 During these training events, the USG may utilize U.S. Military or USG civilian personnel for loading and discharging the entire or parts of a vessel and/or conduct routine terminal or other port operations or any part of those operations thereof.

4.4.1.2 The Contractor shall not receive any compensation for cargo handling conducted by the military during these training events, unless commodity, extra labor, equipment rental, or other facility support services were ordered by the COR/OO, whereby the USG will then compensate the Contractor per established rates in the SOR.

4.4.2 In addition to the above, the USG reserves the right to provide military drivers to operate/drive (load or discharge to/from the vessel, truck or rail) or other cargo at any time when determined it is the best interest of the USG to do so. During vessel, truck or rail load or discharge, where military drivers or aircraft support staff were provided, the USG will only compensate the Contractor for services provided i.e., lashing/unlashing for those vehicles/aircraft operated/driven by the Military or US civilian. All other Commodity rates shall apply for all other cargo fully handled by the Contractor.

4.5 Commodity Rates. The Contractor shall provide an all-encompassing commodity rate for each commodity type listed below, for each commodity schedules listed in the SOR (see appendix B) e.g., all commodity rates applicable to this contract are inclusive of all labor, equipment, and port handling tariff costs related to the handling and movement of cargo, to include planning activities, and shall include all of the below but not limited to the following:

(see requirements throughout the PWS)

• Management & Supervision, Safety Program Representative (SPR), Environmental

Compliance Officer

• All planning activities

• General labor, Skilled labor, Skilled drivers, and Stevedore & Longshoremen

• Contractor Furnished Equipment (CFE) i.e., Material Handling equipment (MHE) and its driver/operator, Gear, mechanics tools (manual & air), shop equipment, rigging, spreader bars, slings, wire rope, hooks, shackles, straps, and Military style slave cables & tow bars

(assorted sizes)

• Ground transportation: i.e., trucks, van, buses, contact maintenance vehicle

• Materials and miscellaneous supplies (PPE, dunnage, POL, fuel, and hazardous collection and/or cleanup supplies)

• Cargo accountability, cargo inspections, lashing & unlashing cargo and lashing inspections for rail and vessel movement

• Checking & Tallying (i.e., runners, scanning, documentation, foot printing, and timekeeping)

• Cargo management (i.e., towing, contact maintenance, safety/environmental)

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

• Staging yards and cargo management (i.e., cargo consolidation, frustrated)

• Port tariff fees/charges associated with USG cargo handling

• Safety Devices

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

• Commodity 20 – Breakbulk - Explosives packed/stacked in/on pallets, crates, boxes

(includes gases, or radioactive).

• Commodity 25 – Containers - Explosives packed Containers in 20’and 40’ lengths or multiple knuckled smaller containers configured into Twenty Foot Units (TEU).

• Commodity 40 – Breakbulk.

• Commodity 44 – Containers - Non-Explosive, less than twenty foot in length (i.e., ISUs, Bicons, Tricons, Quadcons).

• Commodity 45 – Containers - Non-Explosive - 20’and 40’ lengths or multiple knuckled smaller containers configured into Twenty Foot Units (TEU).

4.5.1.1 Commodity Pricing. The USG compensates for S&RTS by each single container, the

Contractor handles. The Unit of Measure (UOM) shall be i.e., EACH (EA) for single pieces e.g.

(Containers. Commodity category (25,44, 45) - EA).

4.5.1.2 The Contractor shall assume all military operations and all work shall be performed during regular workday/week schedules IAW hours of operations (Section 6.4 below). However, the Contractor shall stand ready and willing to provide S&RTS 24hrs per day, 7 days per week, and 365 days per year.

4.5.1.3 In addition, commodity rates, are intended as one time 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 staging plan) or from point of rest to/from commercial truck. Other than for checking and tallying cargo, cargo consolidation, stopping the flow of cargo from “staging to vessel/truck/rail” or from vessel/truck/rail to staging is for the convenience of the Contractor and at contractor expense, the

USG will not pay additional cost associated to double handling the USG’s cargo unless approved by the COR in advance.

4.5.2 Pricing. Pricing shall be by the “individual MSL labeled piece, i.e., EACH (EA)” or per

“Measurement Ton (MTON)” e.g. (Containers, (25, 44, 45) - EA), (Breakbulk (20, 40) -

MTON)). See SOR for further description and definitions.

4.5.2.1 Each commodity further divided by handling method, shall infer loading or discharge

Lift-On/Lift-Off (LO/LO), and (a, b, d, and e) as follows. (Please refer to appendix B of the

Glossary or the SOR for further definition).

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

Dimensional measurements of (L) 240in (W) 96in (H) 96in divided by 1728 then divided by 40 will equal 32 MTON’s. This would look like 240” multiplied by 96” multiplied by 96” equals

2,211,840 cubic inches divided by 1728” (cubic inches in one cubic foot) divided by 40 Cubic foot, final product would equal 32 MTON’s (rounded to two decimal points).

4.5.3.1 The USG will not interfere with any method the Contractor chooses to dray, move or lift any USG cargo; however, the Contractor shall be responsible to use proper methods of draying, lifting, or towing vehicles/trailers and general cargo as stated elsewhere in this PWS, military standards per Army Regulation (AR) or Modal Instructions (MI). The USGs 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 for other than by the intended commodity method (e.g. lifting operable vehicles in lieu of driving them or separating a trailer from its prime mover) unless approved by the Marine Cargo Specialist (MCS) or COR.

The Contractor shall be fully responsible and liable for all damaged caused by its personnel for negligence due to improper handling methods.

4.5.4 Exceptions to Commodity Rates. In circumstances where certain cargos do not fall within commodity descriptions or in established commodity rates, the USG will make exceptions to compensating the contractor for cargo shipments received and handled for which no commodity rate(s) were established. The USG will compensate the Contractor handling that cargo per Extra Labor (XL) and/or Equipment Rental Rates (EQR) rates (if needed), per

Schedule 2 & 4 of the SOR. If the COR determines it is necessary to establish additional commodity rates, for recurring cargo receipt, the COR will advise the CO for a modification to the SOR, adding or adjusting additional compensation lines for the remaining period of performance of this contract.

4.5.4.1 In addition, commodity rates are intended as a one-time 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 land-based conveyances (CULT/CLH or rail). Other than for tallying & checking cargo, cargo consolidation, stopping the flow of cargo from “staging to vessel/truck/rail” or from vessel/truck/rail to staging is for the convenience of the Contractor and at contractor expense, the USG will not pay additional cost associated to double handling the USG’s cargo unless requested and approved by the COR/OO in advance.

4.5.4.2 The Contractor shall assume all military operations shall be performed during regular workday/week schedules IAW hours of operations (Section 6.4 below). However, the Contractor shall stand ready and willing to provide and support S&RTS 24hrs per day, 7 days per week, and

365 days per year.

4.6 TABLE 1 — Cargo Handling (Services) Operations

**NOTE: The USG refers to the following cargo handling table (as definitions); the table does not define each as separate billable item(s). Example: Schedule 1A1 - Loading Vessel. Loading cargo on a vessel will inherently include moving cargo from its staged place of rest (regardless of method) aboard the vessel. Once aboard the vessel the cargo is stowed in its designated stow location; this includes but is not limited to driving, towing, or draying the cargo aboard the vessel, lashing/securing/tiedown, lashing inspections, documentation, foot printing, checking & tally, debris removal, housekeeping, and reconciling the operation with the COR.

TABLE 1

Operation Definition

Loading The act of moving cargo from its staged place of rest to a conveyance (vessel, truck, or railcar).

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