Attachment 1 PWS 13 Feb 20.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

PORTS OF DARWIN AND ROCKHAMPTON (ALMA), AUSTRALIA

Stevedoring and Related Terminal Services (S&RTS)

Performance Work Statement – Darwin and Rockhampton (Alma), Australia Limited Duration Contract for 12 months

For

Military Operations Terminal 836th Transportation Battalion

13 February 2020

Stevedoring & Related Transportation Services Performance Work Statement

TABLE OF CONTENTS

Section Topic Page

1.0 Background & Scope 2

2.0 Security Requirements 3

3.0 Safety Requirements 4

4.0 Contract Administration 9

5.0 Contractor’s General Requirements 19

6.0 Terminal Specific Requirements 30

6.6 Contract Performance Requirements Summary (PRS) 40

Appendix A Regulations, Publications, & Forms 41 Appendix B Glossary of Terms 46 Appendix C Payment Instructions 58 Appendix D List of Acronyms & Abbreviations 61

Section 1

1. BACKGROUND AND SCOPE

1.1 Background. Military Surface Deployment and Distribution Command (SDDC), headquartered at Scott AFB, IL is a major U.S. Army Command and a vital component of the U.S. Transportation Command. Since establishment in 1965, SDDC has played a vital role in defense of the United States (US) and its allies, providing support in every war, major contingency, training exercise and humanitarian operation where U.S. military forces have deployed.

1.2 Scope. To provide Stevedoring and Related Terminal Services (S&RTS) in connection with the import and export of Department of Defense-sponsored cargo. This Performance Work Statement (PWS) will cover the full spectrum of handling surface cargo to include receipt, disposition, warehousing, storage and processing cargo for simultaneous shipments via surface modes of transportation as directed by the Contracting Officer (CO) or their Contracting Officer’s Representative (COR) and Alternate Contracting Officer Representative (ACOR).

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

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

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

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

2. SECURITY REQUIREMENTS

2.1 The Contractor’s general security requirements are defined in this section. Additional duties and requirements specific to particular terminal(s) within the scope of this contact are further defined in Section 6.0 –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 and are, therefore, not authorized 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 screen all employees to ensure they do not have criminal records with the US and the Host Nation, and if Foreign National, within their home country. The Contractor shall also screen employees to ensure they do not have terrorism or threat-related activity or alliances detrimental to the US or its Host Nation. The Contractor shall screen all prior US military personnel for military service criminal offenses. The Contractor shall not employ any person under this contract who is simultaneously an employee of the United States Government.

2.3.2 Screening. Screening shall complement applicable badging processes and enhance force protection measures through document examination; verification; and biographical and security interviews. Any applicant who refuses screening shall result in denial of applicant’s access for employment or termination. Once applicant screening process is complete, screening cell shall forward the packet with recommendation concerning that applicant’s suitability for access. Any derogatory information may result in applicant’s access denial or termination. Applicants who have been denied access due to derogatory information may file an appeal to the PCO 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 any person(s) restricted by any authority from certain equipment or areas to operate that equipment or enter those areas.

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

2.3.6 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 applicable Port, Facility or Installation Access Control processing requirements.

2.3.7 Upon termination or completion of this contract, the Contractor employees will surrender all Government supplies, materials, and equipment to the COR. In addition, the Contractor will also turn in any government provided security badges issued, to the COR on the last day of the contract or upon any termination/reassignment of contract employees.

2.3.8 Derogatory Information. If the Government notifies the contractor that employment of any contractor employee is prejudicial to the interests or endangers the security of the United States of America, the Contractor shall remove and bar that person. This includes security deviations/incidents and credible derogatory information on the contractor employees for the duration of this contract. The Contractor receiving contract award shall make any changes necessary in his appointment(s).

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

2.3.10 Threat-related incidents. Persons employed by Army contractors will report threat-related incidents, behavioral indicators, and other matters of Counter-Intelligence (CI) interest specified in AR 381-12, Chapter 3, to the Facility or Port Security Officer, the nearest military CI Office, the Federal Bureau of Investigation, and/or the Defense Security Service and the COR.

2.3.11 Foreign Entity Vetting. The Contractors shall submit a semi-annual report to the CO for each first tier foreign transportation service provider, operating as a separate legal entity, contracted directly with the contractor or its commonly owned legal affiliate which has employees who may have physical contact with Government shipments in the ordinary course of contract performance. See appendix E for further instruction for this requirement.

Compensation for services defined in this paragraph are in SOR commodity rates.

2.3.12 Base access. The Contractors employees, to include sub-contractors, will comply with base access and control procedures. The Contractor will deny entry to personnel not cleared for entry to secured working areas and the Government shall not pay wages for such denied personnel.

2.3.13 Vehicle Identification. The Contractor shall obtain installation/port access clearance for any vehicles used in performance of this contract. The Contractor will submit a comprehensive list of vehicles required during contract duration immediately upon award to the COR to obtain access clearance. The list shall identify vehicle type, license plate, and owner/company name.

Personally Owned Vehicles are not authorized entry unless identified as official vehicles critical to mission success. When submission of a new vehicle is necessary, only substitutions are acceptable to maintain a reasonable number of cleared vehicles authorized entry.

2.3.14 Security Regulation Compliance. The Contractor will comply with all security regulations and directives as identified herein this contract. The contractor shall not divulge any financial, planning, programming, or budgeting information about this contract without express Government consent as outlined in Operational Security (OPSEC) and Information Security regulations.

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

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

Department of Defense (DOD):

2000.12 (DOD Antiterrorism (AT) Program)

2000.16 (DOD Antiterrorism (AT) Standards)

5200.01 Volumes 1-4, (DODM Information Security Program)

5200.02 (DODM Procedures for the DOD Personnel Security Program) 5200.08-R (DOD Physical Security Program) 5220.22-M (National Industrial Security Program)

8500.1 (DODI Cyber Security)

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

3. SAFETY REQUIREMENTS

3.1 The Contractor’s General Safety Requirements are defined in this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contact are further defined in Section 6.0 –Port - Terminal Specific Requirements (safety).

3.2 Enforcing and monitoring safety. The Contractor will comply with, enforce and monitor applicable host nation, international, local installation and SDDC safety and fire regulations.

COR will log any discrepancies within the defined quality performance process. Contactor must establish and maintain an effective and comprehensive safety program. Contractor will support the SDDC Emergency Disaster Plan. Contractor must acquire, maintain and require use of safety equipment, personal protective equipment (PPE) (29 CFR 1918.101-106) and devices necessary to protect employees on the installation, port, and the vessel. Government reserves the right to halt Contractor operations when the Operations Officer, COR, or other Government representative observes unsafe operations; where damages to property and/or harm to life are possible. Operations shall not resume until the contractor revises their methods of operation to COR satisfaction. Government shall not compensate Contractor for any standby time and may hold Contractor liable for any other costs incurred by Government, if operations halt due to Contractor unsafe operations.

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

https://dibnet.dod.mil/portal/intranet/

3.2.2 The Government may conduct additional safety briefings when necessary, directed by the local Commander’s guidance, during which time the Contractors labor is placed on standby time.

The Government safety briefing will include information as prescribed in the PWS and any other necessary terminal or Command related safety information. Compensation shall be set forth in Schedules 2 of the SOR.

3.3 The Contractor is required to adhere to host nation, local authority, and/or DOD standards for a safe working load of cargo handling gear and equipment and ship’s gear. The Contractor shall ensure his employees wear hard hats at all times when working in COR-designated “hard hat areas,” at minimum in hatches, on wharves, terminal warehouses, and open storage areas.

3.4 Shift Change. In all cases, the contractor shall provide fresh labor at the beginning of each shift who shall have at least eight (8) hours of rest between shifts before starting another work shift. The unit commander, through the COR will conduct risk assessments and make the decision weather contracted labor may work beyond the requirement.

3.5 Emergency Response Plan. The Contractor shall provide a comprehensive Emergency Response Plan. The plan will clearly outline procedures for emergency HAZMAT cleanup of spills from military cargo shipments or leaking Material Handling Equipment (MHE) (for example forklifts, tugs, and container top handlers) owned or leased by Contractor, to include mitigating damage to property and the environment. When the Contractor does not have sufficient organic resources, the Contractor shall immediately arrange for outside emergency response personnel who specialize in spill containment and clean up. The Contractor shall pay for any such clean up resulting from the Contractor’s equipment/MHE or contractor caused leaks to military cargo shipments and comply with hazardous spill procedures in its Emergency Response Plan. For military cargo shipments leaking, but not contractor caused, the Contractor shall not pay cleanup cost. The Contractor shall report immediately to the COR and Port Emergency Response Officer about any leakage or spillage of hazardous substances anywhere during the operation.

3.5.1 Environmental Compliance Officer. The Contractor shall provide a qualified Contractor Environmental Compliance Officer (ECO) for HAZMAT handling who will assume 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. Request mutual aid from surrounding installations as required. Services defined in this paragraph are included in the commodity rates established in schedule in the SOR.

3.5.2 Military Cargo Shipments. Military cargo leaking POL or hazardous substances not caused by contractor’s damage, the Contractor shall not be responsible for the cost of cleanup.

However the Contractor shall attempt to contain the leak and clean up the spill. The Contractor shall report immediately to the COR and Port Emergency Response Officer for any leakage or spillage of hazardous substances on the ground or any leakage or spillage. The Contractor shall not move any cargo leaking or spilling POL or any hazardous substances, to which the Contractor shall be responsible for cleanup at their expense. The Government shall compensate the contractor for cleanup of spills at established extra labor, equipment rates and materials used in the process of the cleanup.

3.5.3 Port Emergency Response Oficer. The Contractor shall follow Port Emergency Response Officer directives, who will assume 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. The Contractor will track any clean-up efforts and report to the COR.

3.5.4 Spill Contingency and Response Plan. The Contractor shall comply with all host nation applicable environmental laws and regulations pertaining to marine and port facilities.

The Contractor shall submit a written Spill Contingency and Response Plan to the COR within ten (10) calendar days of contract award. At a minimum, this plan shall comply with all applicable United States Coast Guard (USCG) directives and instructions on environmental guidance or host nation equivalent, whichever is more stringent. The Contractor’s Spill Contingency and Response Plan (SCRP) shall specifically describe how Contractor will prevent and respond to spill incidents including an acceptable secondary containment plan.

3.5.5 In the event of accidental or deliberate discharge and the contractor fails to mitigate and report the environmental hazard or spill, Government will hold the contractor liable for all incident-associated costs.

3.5.6 Secondary Containment for Hazardous Materials, Wastes and Petroleum, Oils and Lubricants (POL). At no cost to the Government, contractor shall arrange for containment devices of various sizes, if required, for temporary and permanent storage facilities that retain POL substances, hazardous materials and hazardous wastes (i.e. - new and used – oils, fuels, lubricants, solvents, batteries, acids, paints, antifreeze, etc.).

3.5.6.1 The Contractor shall coordinate secondary containment units for all bulk POL storage tanks, fuel cans, barrels, bladders, etc. Secondary containment unit requirements apply to all tanks and/or containers from 5 to 55 gallons to include mobile tanker trucks used for refueling operations. The Contractor will ensure that all secondary containment structures are free from soil and sand accumulations.

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

3.6 Training for specialized operation of Government equipment. The Government will make available and the Contractor shall attend training (AR 600-55 section 6-5 a1, a, b, c, d, e, and f) for specialized Government vehicles and related processes and procedures to Contractor personnel. The Contractor shall coordinate with its personnel to attend the Government provided training so that sufficient pools of vehicle operators are available to operate Government vehicles within confines of the port (29 CFR 1917) as required. Specialized Government vehicles may include, but are not limited to, all classes of Trucks, Stryker vehicles, Heavy Equipment Transporters (HETS), Mine Resistant Ambush Protective (MRAP) vehicles and Armored Tracked vehicles. The Contractors Labor shall participate at the Contractors expense.

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

3.6.2 Operating Government vehicles. The Contractor shall ensure that personnel operating Government vehicles will possess valid civilian driver’s license or permits (based on host nation laws) as required for operating military vehicles on and off the port. Drivers of Commercial Motor Vehicles shall have a valid Commercial Driver’s Licenses appropriate to the type of equipment being operated. If commercial motor vehicles are laden with Hazardous Materials (HAZMAT), to include Ammunitions, Arms and Explosives (AA&E), the operator’s driver’s licenses shall include a HAZMAT endorsement.

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

3.6.3 The Contractor will establish a remedial training program for drivers or operators who have had driver at-fault accidents or traffic violations, misused equipment, or otherwise demonstrated a need for additional training on military vehicles or equipment. The COR may identify individuals that need remedial training. The Contractor shall direct this training towards identifying and correcting individual weaknesses. The Contractor shall conduct remedial training at no cost to the Government.

3.6.4 The Contractor shall provide as part of this contract two qualified POC for HAZMAT handling who will ensure that their employees comply with “DFARS 252.223-7002; SAFETY

PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES, DOD 4145.26-M; DOD

CONTRACTORS SAFETY MANUAL FOR AMMUNITION AND EXPLOSIVES and DOD 6055.9-STD; DOD AMMUNITION AND EXPLOSIVES SAFETY STANDARDS in handling ammunition and explosives. Qualification for personnel who pack dangerous goods; load/unload cargo transport units; handle dangerous goods in transport; load/unload dangerous goods into/from ships is specified in IMDGC Chapter 1.3; Training and 49CFR Part 172 Subpart H;

Training.

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

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

3.7 Safety Briefings. The Contractor shall, as part of the commodity operation and extra labor operation, conduct and document safety briefings for all workers prior to all operations and at each shift change, thereafter, and must brief new workers as new labor is added. The Contractor will conduct safety briefings with the presence of an SDDC Government representative. The COR or SDDC Safety Officer may provide the Contractor with a checklist of safety and security topics to brief the Contractor labor prior to the start of vessel or terminal operations and may also participate in these briefings. The Contractors safety briefings will relate to operation type (e.g.

truck, vessel, rail, yard, crane, etc.), and, at minimum must meet local authority, DOD regulatory guidance, or host nation requirements, whichever is more stringent. The Contractor shall conduct safety briefings in both English and, as applicable, in the Host Nation local language.

Safety briefing should include the following basic information:

3.7.1 Overall General Safety Requirements

• Work tasks performed

• Responsibilities – (who reports unsafe conditions and to whom)

• Injury and property damage reporting procedures

• Required PPE for personnel on the terminal

• Designated smoking areas

• Emergency procedures - phone numbers, evacuation routes/procedures, rally locations, accountability

• Location of emergency equipment - fire extinguishers, personal flotation devices

(PFDs)

• Weather/temperature conditions

• Communication - signals, flagman duties, radios, no cell phones etc.

• Walking/Tripping Hazards

• Pedestrian and traffic movement

• Gangway & Ramp Safety

• Person in water/man overboard - prevention, recovery and survival

3.7.2 Traffic Safety

• Driver distractions (no cell phones)

• Mandatory seat belt use

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

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

• Parking locations

• Traffic Flow

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

• Rail crossings (if applicable)

3.7.3 Task or Terminal-Specific (as applicable)

• Terminal and yard configurations, distinctive characteristics

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

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

• Vessel safety (ramps guards, ramp traffic)

• Ladder Safety

• Use of fall protection

• Safe Lifting and lashing procedures

• Unusual loads

• Net Explosives Weight (NEW) Limits

• Evacuation distances and rally points

• Fire-Fighting Guidance

• First Aid (process/locations)

• Report all dropped containers/munitions

3.8 Operation of Contractor equipment. The Contractor must maintain and operate all contractor equipment used IAW applicable Host Nation, local authority, laws and DoD regulations, Army, port, and terminal regulations, directives, instructions and pamphlets, whichever are more stringent. Cargo damage or injury related to use of non-compliant or improper equipment use will result in immediate non-use of that Contractor equipment until replaced or action taken to repair equipment. The Contractor will replace any non-compliant equipment to minimize any delay or hindrance to operations. Contractor must notify the COR when the equipment is made compliant and before use again.

3.9 Damage, Accident, and Loss Reporting. The Contractor shall immediately notify the COR of any incident and/or accident that results in damage to cargo or property, release of HAZMAT, injury, and/or death to any personnel during or arising from performance under this contract.

3.9.1 Reportable Accident(s). In all instances where a reportable accident (meets minimum criteria IAW AR 385-10 & DA PAM 385-40 for ground Class A–D accidents) or incident occurs, contractor shall submit a preliminary accident investigation report to the COR and SDDC Safety Officer within 24 Hours. The Contractor shall follow up with a full accident investigation report identifying all root causes and corrective actions provided to the COR and HQ SDDC Safety within 30 Days. The Contractor will also report all accidents or cargo damages that do not meet minimum criteria to the COR.

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

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

3.9.2 The Contractor shall assist Government during any accident or serious incident investigation.

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

4. GENERAL CONTRACT ADMINISTRATION

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

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

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

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

4.1.2 Union Agreements and Tariffs. The Contractor shall submit copies to the Government (if applicable) of all current union rules, Collective Bargaining Agreements (CBA), and port tariffs. The Contractor shall also furnish up dated information about changes to union contracts or local work rules, CBA’s and port Tariffs that affect cargo operations IAW the performance of this contract as they occur.

4.1.3 The Contractor shall provide a contract manager and at least two (2) alternates responsible for work performance. The Contractor shall provide telephone numbers for the contract manager and alternates for contact during and after duty hours. The contract manager shall have, as a minimum, five years demonstrated experience in directing and managing port handling operations. His alternates shall have, as a minimum, three years demonstrated managerial experience in port handling. The contract manager and alternates must read, write, speak, and understand English fluently.

4.1.4 The contract manager and alternates shall have full authority to act for the contractor on all matters pertaining to the performance of services under this contract.

4.1.5 During the simultaneous cargo handling operations performance of this contract, the Contractor will work at/on multiple locations/ships to include but not limited to working reception, vessel (multiple decks and vessels), and rail, truck, and disposition services operations. The Contractor shall have their contract manager(s) or alternates present at each work site and accessible to the COR at all times. At any other time (i.e. outside cargo operations) the contract manager(s) or designated alternate(s) shall be available to the COR by telephone.

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

4.1.7 The Contractor shall not remove or replace contract managers and alternates without informing the CO.

4.2 Ordering Services. The Government will use Task Orders (TO) to order all stevedoring services. The OO will issue a TO service template to the contractor IAW the clauses of this contract.

4.2.1 The COR in coordination with Contractor shall identify all services required and convey them to an appointed Ordering Officer (OO). The OO will develop an initial commodity, man-hours, and/or miscellaneous cost estimate identifying all services agreed upon as soon as practicable and prior to the start date and time for each day’s S&RTS services ordered. The TO will incorporate terminal services and vessel work separately. The OO will calculate terminal services by documented week (Doc-Week, Sunday – Saturday). Vessel work is per vessel.

Government will not pay for any work performed without an OO-issued TO.

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

4.2.2.1 Contractor shall after each operation reconcile all services ordered by the OO with the COR and review all supporting documentation (SDDC Forms 288, 290, logbook, tally sheets, and time sheets) completed and signed (digital or wet signature) by both the COR and Contractor. The OO will finalize each TO with the COR, accounting for actual Contractor performance within 7 days. The OO will submit a final Amended TO to the Contractor for invoicing. Contractor shall submit an invoice for payment to the COR for certification and processing.

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

4.3.1 The TO template will identify and authorize OOP expenses, but only for mission-related services and materials. Contractor must substantiate expenses for reimbursement by submitting paid vendor invoices or receipts to the COR.

4.3.2 OOP expenses do not include expenses inherent to performing stevedoring and related terminal services, only for purchasing new supplies or non-durable goods in support of present or future operations. Contractor shall obtain written approval from the CO or COR for each item requested. All such materials or supplies shall become Government property and Contractor shall recover all serviceable materials and supplies from each operation for re-use in subsequent ordered operations when possible. Contractor shall gain prior written approval before purchase of additional materials from the CO for OOP expenses exceeding the threshold of $3,500 per individual item. Additionally, administrative fees (e.g.; delivery charges or taxes) are allowable OOP expenses and compensation is at rates in SOR Schedule 8.

4.3.3 Government may source materials or third-party vendors to support mission readiness at its discretion; however, Contractor is the primary source to procure those materials or services.

4.3.4 Government-owned is defined as either materials 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, for which Contractor has valid vendor receipts for reimbursement.

4.4 Training and Contingency Operations. Government reserves the right to conduct training and contingency operations for Department of Defense (DOD) personnel during scheduled or contingency load or discharge of any vessel or related terminal operations. During these scheduled training or contingency events, Government may utilize military personnel for loading and discharging the entire vessel, or to conduct routine terminal or port operations or any part of the operation thereof. Unless otherwise ordered (Section 4.2), Contractor shall not receive compensation for cargo handling operations conducted by the DOD during these training or contingency operation events to the extent Contractor is not involved in the operation.

4.4.1 The COR will inform Contractor when such training or contingency operations are scheduled or as soon as known, but No Later Than (NLT) 48 hours prior to the event. During these training or contingency special operations events, Contractor shall provide, when ordered by the OO, sufficient qualified labor or equipment to support the DOD operation to include but limited to shadow gangs, either in part or full. Government shall compensate Contractor for labor and equipment at COR request and ordered by the OO, at man-hour and equipment rental rates in SOR Schedules 2 and 4.

4.4.2 Government also reserves the right to use skilled military drivers to operate, load, and discharge specialized, unique military vehicles and equipment at any time when determined by the COR. When military drivers are utilized, Contractor shall provide other designated support labor and equipment for all other stevedore-related work (i.e.; lashing, unlashing, or towing cargo) associated with that military-operated cargo. Government shall compensate Contractor at man-hour rates for only those designated as support for those pieces of cargo operated by military drivers and SOR commodity rates shall apply for all other cargo handled by the Contractor.

4.5 Commodity Rates. All commodity rates applicable to this contract are inclusive of all planning activities, labor, equipment, port handling and all applicable port tariff charges related or associated to handling and movement of Government cargo.

4.6 Exceptions to Commodity Rates. Whenever a particular type of cargo is handled for which there is no established commodity rate, use of Extra Labor (XL) and Equipment Rental at (EQR) rates in applicable SOR schedule is authorized. If the COR determines it’s necessary to establish additional commodity rates, the COR will advise the CO for an SOR modification for the remainder of the contract.

4.6.1 Measurement Ton Usage. Government will compensate Contractor per Measurement Ton (MTON) for commodity work. Based on use of MTON calculations, Contractor shall calculate MTON using cargo dimensional data, Length, Width, and Height divided by forty (40) cubic feet. Example: military shipping container with dimensions: (L) 240in (W) 96in (H) 96in divided by 1,728 (cubic feet) divided by 40 equals 32 MTON, would look like 240’times 96’ times 96’ equals 2,211,840 square inches divided by 1,728 (square inches in cubic foot) divided by 40 Cubic foot, which equals 32 MTON’s.

NOTE: Following table does NOT include all activities related to specific commodity movements, e.g. lashing and securing.

TABLE 1—Commodity Operations Commodity Definition of Movement

Loading Loading cargo from place of rest to inland conveyance Discharge Unloading cargo from inland conveyance to place of rest

Receipt Documenting cargo arriving into the port Disposition Documenting cargo onward movement Stuffing Loading cargo into a container, or onto flat-rack from place of rest Unstuffing Unloading cargo from a container or flat-rack to place of rest Stripping Unloading cargo from vessel-owned asset (MAFI’s) to place of rest.

Transfer Moving cargo from place of rest to another place of rest within the port Inland Transportation Land based conveyances moving cargo into or out of the port

4.7 Minimum Time, Standby Time, and Detention.

4.7.1 Minimum time (also called guaranteed time) is defined as minimum work guaranteed by CBA. Government shall pay minimum time (hourly base rates per class of labor) to Contractor when work fails to materialize. During a commodity operation, Contractor will receive in addition to the commodity rates for time actually worked after all commodity work is completed for which the contractor is required to pay their employees to comply with minimum work guarantees require for applicable CBAs.

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

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

4.7.2 Stand-by Time (also may be called “waiting time”) is defined as work stoppage, at Government discretion, for causes beyond Government or Contractor control. This includes but not limited to breakdown of ship’s gear, inclement weather (see Glossary), unanticipated or non-arrival of the vessel, non-readiness of the vessel, non-arrival of cargo, non-arrival of inland conveyances. In all such cases, COR will capture Contractor time on SDDC Form MT 288 as stand-by time (S/B). The COR will negate the cause and/or direct Contractor to stand-by.

Government will compensate Contractor for stand-by time at rates in SOR Schedule 2

4.7.2.1 At COR request and ordered by the OO, Contractor shall provide shadow or ghost labor (single or multiple classes of labor at COR discretion) to support military operation, whereas COR may place the Contractor labor on “stand-by.”

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

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

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

4.7.3.3 OO in coordination with the COR will compute all stand by time, and detention to the nearest 5 minute multiple, and payable to Contractor in lieu of commodity or Extra Labor (XL) base rates specified elsewhere in this PWS, and compensated at applicable man-hour rates from SOR schedule 2, subject to the following:

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

4.7.3.3.2 Whenever detention occurs prior to or during extra labor operations, Government shall pay Contractor on a detention rate basis for detention time (see 4.7.3.3 above). If a percentage of labor is required to perform XL work, Government shall pay the balance of labor standing by at detention rates. If certain classes of labor are required to standby because another class of labor is performing an extra labor operation, then the Government shall pay such classes of labor at detention rates.

4.7.3.4 Contractor shall provide COR with documentation (time sheets or logbook) justifying detention or standby time at the end of each shift wherein the detention occurred for approval of compensation. Failure to do so at that time may preclude compensation except with CO approval.

4.7.4 Extra Labor. Contractor shall, upon COR request, and ordered by the OO, supply extra labor for miscellaneous services within the scope and intent of this contract. Unless services are occasioned by Contractor fault or negligence, Government shall pay Contractor at extra labor rates in SOR Schedule 2.

4.7.4.1 Miscellaneous services include, but not limited to the following:

• Carpentry work in excess of normal lashing, blocking & bracing

• Welding & burning

• Re-handling, removing and shifting of cargo (military or commercial)

• Building or dismantling sheathing and nailed floors

• Handling ships' stores & materials

• Providing shadow or ghost labor for military operation

• Providing assistance to US Government personnel for terminal services, exercise and contingency operations

4.7.3.2 When performing extra labor services, Contractor shall furnish all gear and necessary equipment (operator included) required to perform requested service. Labor (schedule 2) and Equipment rental (schedule 4) of the SOR rates shall apply.

4.8 Overtime is defined as hours worked past normal workday shifts, regardless of shift.

“Example”, if work day shifts are 0800 to 1700 hours, Monday through Friday, when operational requirements dictate that labor must work past normal work day, hours worked after the workday may include overtime wages, including weekends and holidays. OO shall calculate overtime compensation, time past normal working shift/s and determined IAW prevailing CBA (if applicable) for Contractor and their employees.

4.8.1 Ordered overtime. Contractor shall, when directed by the COR, and ordered by the OO, supply labor for requested overtime work (include weekends and holidays). Compensation for overtime work shall include regular hourly rate (schedule 2) plus overtime differential rate in SOR schedule 3B, rounded to the nearest 5 minute increment and compensated in addition to commodity rates or extra labor rates when worked.

4.9 Shift Differentials. When work is performed in 2nd or 3rd shift/s, Government shall pay Contractor IAW applicable shift differential rates in SOR schedules 3B and 3C for each working member in each labor class. When work is performed on an extra labor basis, applicable differentials rates in SOR schedules 3B or 3C are added to base hourly labor rates in schedule 2 per class. Differential pay is time over normal working shifts and determined IAW prevailing CBA, if applicable to Contractor and their employees.

4.10 Start Time. Flexibility in work start times is a collaborative effort between Government and Contractor. As such, Government shall discuss with Contractor vessel or terminal work at each planning meeting, to establish workday start time for each operation. Start times that occur at later than normal working hours shall include differential rates, but shall not include overtime until full normal workday hours are met.

4.10.1 Contractor must obtain COR written pre-approval to work in all conditions specified in paragraphs 0 and 4.8 above.

4.11 Equipment Rental Rates. All Equipment Rental (EQR) rates in SOR schedule 4 are billable by the hour or day for determination of extra labor and equipment usage. All equipment applicable to this contract are inclusive of its operator, fuel, lubricants, slings, rigging, and accessories, and mobilization and demobilization costs unless otherwise indicated and approved by the COR ahead of time. Daily equipment rates shall imply 24 hours of use with appropriate operators changed as needed. Rental of equipment not listed in the SOR are subject to the same conditions as above and paid on a cost reimbursement OOP basis. All rates are subject to written approval by the COR.

4.11.1 Equipment used in an Extra Labor situation. Government shall reimburse Contractor for use based on equipment schedule of rates. Equipment used for both Commodity work and Extra Labor on the same day/time, Government will only compensate the Contractor for time equipment was actually used in an Extra labor situation as verified by the both the COR and Contractor.

4.12 Inland Transportation Rates. All inland transportation rates, if applicable to this contract, are inclusive of drivers, co-drivers, fuel, lubricants, lashing, unlashing, tarping materials, time, and distance.

4.13 Contract Labor Reporting. Contractor at COR request shall provide a daily time keeping logbook for verification of labor and services provided for each shift per day’s operations, for reconciliation purposes. Breakout will include service description, total labor quantities by class, hours worked to the nearest 5-minute interval, and significant events of the day.

4.14 Timekeeping. Contractor shall maintain timesheets, with 100% accuracy, for all contractual services furnished by their own or subcontracted operations. Timesheets shall include the following:

• Date & time of operation

• Work performed on daily shift or continuous shift

• Number of laborers, by class type of labor used, and hours worked

• Type, number, and hours equipment is utilized

• Times and reasons for any work stoppages (detention, standby time)

• COR will verify Timesheets. Compensation for services defined in this paragraph are included in all commodity rates established in the SOR.

4.14.1 In addition to all other requirements, Contractor shall provide Government with:

4.14.1.1 Daily port work accomplishment plan; based upon vessel discharge, load, and port clearance guidance, to include number of gangs, vessels, piers, etc., and equipment requirements, by shift, for the next twenty-four (24) hour period. Contractor shall provide this information at daily operations meetings.

4.14.1.2 Verbal reports of contractual problems, actual or anticipated, COR will identify in a monthly written report reflecting unresolved conditions or negative reports, if appropriate.

Written reports or records are required for any commitments made between Government and Contractor.

4.14.1.3 Request for information. Upon Government request, Contractor shall provide the COR with cargo management information generated as a result of this PWS and respond to specific inquiries. Contractor shall answer inquiries regarding movement, status, and/or disposition of cargo within four (4) working hours or less.

4.14.2 Transition of Contract. Upon award of this contract, incoming Contractor shall perform all work IAW “best commercial practices.”

4.14.3 Within seven (7) days after contract award, outgoing Contractor shall begin a 100% joint inventory with incoming Contractor. Both Contractors will complete this joint inventory and resolve all issues within seven days of commencement, unless a longer period is approved by the Contracting Officer, after which the…