Attachment 1 - PWS Bremerhaven.docx

PERFORMANCE WORK STATEMENT

CARGO TALLY and CHECKER SERVICES

PORT OF BREMERHAVEN, GERMANY

950th Transportation Company, Bremerhaven, Germany

Stevedoring & Related Transportation Services Performance Work Statement

TABLE OF CONTENTS

Section Topic Page

BACKGROUND AND SCOPE

Background. The Military Surface Deployment and Distribution Command (MSDDC), headquartered at Scott AFB, IL is an operational-level Army force designated by the Sectary of the Army (SECARMY) as the Army Service Component Command (ASCC) of the United States Transportation Command (USTRANSCOM) and a major subordinate command of Army Material Command (AMC). 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 (USG) 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.

Scope of Service. Provide Cargo Tally and Checker (TC) services at the designated seaport of: The Port of Bremerhaven, Germany in connection with the import and export of Defense Transportation System (DTS) sponsored cargo. all tasks shall be completed per requirements stated through the Performance Work Statement (PWS) and in a manner consistent with the “Best Commercial Practices”.

1.2.1 TC services will cover the full spectrum of cargo accountability, movement, and its documentation of US Military cargo (e.g. containers, vehicles, breakbulk, and rotary or fixed wing aircraft) transitioning through the Port of Bremerhaven. Operational tasks shall include but not limited to all labor, equipment, tools, ladders lighting, safety equipment (traffic cones, signage) documents, materials, office supplies, and/or miscellaneous supplies/materials needed to provide all TC service needed for the import/export movement of USG cargo as required for vessel, truck, and rail (loading & discharging), port reception/disposition, cargo staging location(s), intra port transfers, stuffing/unstuffing, cargo prep, and inventory or warehoused Government provided dunnage and tiedown materials. required information and provide it to the port authorities using the Bremische Hafentelematik (BHT) system to fulfill the requirement of the German Customs for export shipments

1.2.1.1 Contracted services shall include the capability to work multiple vessels/decks simultaneously, multiple job sites, staging lots, rail heads, wash racks, landing zones, etc. located at Port of Bremerhaven, Germany, and in conjunction with stevedoring and longshoring contracted service operations at designated terminals, berth/pier, staging areas as described throughout this PWS, when 24-hours a day, seven (7) days per week, and 365 days per year tally and checking all classes of supply that includes military vehicles up to 150,00lbs, hazardous & non-hazardous cargo, as well as sensitive, controlled, refrigerated, and/or other general DoD cargo handled through all modes of transport.

**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.

1.2.1.2 The Contractor shall provide sufficient amounts of qualified general & skilled labor to satisfy the full scope of this contract. The Contractor shall make every effort to rectify any labor or Contractor Furnished Equipment (CFE) i.e., MHE shortfalls, for which the Government will compensate the Contractor by applicable commodity and/or extra labor (XL) man-hour rates as designated by the Schedule of Rates (SOR).

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

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.

GENERAL SECURITY REQUIREMENTS

General security requirements of the Contractor are 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 (security).

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 to obtain a Common Access Card (CAC) or Alternative Smart Card Logon (ASCL) tokens.

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) that has been banned by any authority from the premises to have access to terminal facilities, equipment, or other material related to US Government (USG) 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 those areas.

2.3.5 The Contractor personnel shall read and comply with applicable DOD 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 the applicable Port, Facility or Installation Access Control processing requirements.

2.3.7 Upon termination or completion of this contract, the Contractor employee will surrender all Government supplies, materials, and equipment to the COR. In addition, the Contractor will 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.

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

2.3.9 Operations Security (OPSEC). The Contractor is required to be aware of OPSEC requirements from SDDC. Information included as part of the OPSEC Critical Information List (CIL) is not releasable to the public. The Contractor’s personnel shall protect privacy, sensitive information, and data for duration of the performance of this contract.

2.3.10 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 Security Officer, the nearest military CI Office, the Federal Bureau of Investigation, or the Defense Counterintelligence and Security Agency.

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, contracting directly with contractor or its commonly owned legal affiliate which has employees who may have physical contact with Government shipments in the ordinary course of contract performance. See appendix F for further instruction for this requirement. Compensation for services defined in this paragraph are included in the commodity rates established in the SOR.

2.3.12 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 the duration of this contract immediately upon award to the COR in order to obtain access clearance. The list shall identify vehicle type, license plate, and owner/ company name. Personally Owned Vehicles (POV) shall not be authorized entry in and around Government equipment unless identified as official vehicles critical to the success of the mission. When submission of a new vehicle is necessary, only substitutions are acceptable to maintain a reasonable number of cleared vehicles authorized entry.

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

2.3.14 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.

GENERAL SAFETY & REPORTING REQUIREMENTS

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

Enforcing and monitoring safety. The Contractor shall comply with, enforce, and monitor applicable host nation, international, local installation and SDDC Transportation Battalion safety and fire regulations. The COR will log any discrepancies within the defined quality performance process. The Contactor shall establish and maintain an effective and comprehensive safety program. The Contractor shall support the SDDC Emergency Disaster Plan. The Contractor shall acquire, maintain, and require the use of safety equipment, personal protective equipment (PPE) (29 CFR 1918.101-106) and devices necessary to protect employees on the installation, port, and the vessel.

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

3.3 Personnel Protective Equipment (PPE). The Contractor shall ensure all contractor personnel, to include subcontractors wear proper PPE, to include but limited to: safety vest, steal toed boots, hard hats, leather gloves, and long pants. Hard hats must be warn at all times when working in “designated hard hat areas”, and at minimum wear hardhats aboard vessel(s), wharves, terminal warehouses, rail yards and open storage/staging areas when in and around military cargo.

3.4 Safety Briefings. The Contractor shall, as part of all commodity or extra labor operations conducted for the USG, shall conduct and document safety briefings for all workers prior to all operations and at each shift change. The Contractor must provide a safety brief to new personnel as they are added. The Contractor will conduct safety briefings with the presence of a SDDC Government representative. The COR or SDDC Safety Officer may provide the Contractor with a checklist of safety and security topics to brief the Contractors labor prior to the start of vessel or terminal operations and may also participate in these briefings. Safety briefings conducted by the Contractor will relate to the type of operation (e.g. truck, vessel, rail, yard, crane, etc.), and, at minimum must meet, local authority and/or 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 shall include the following basic information:

3.4.1 Safety Briefing 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

3.4.1.1 Traffic Safety.

Driver distractions (no cell phones) Mandatory seat belts 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)

3.4.1.2 Task or Terminal-Specific (as applicable).

Terminal and yard configurations, distinctive characteristics Safe equipment operation - MHE, vehicles (verify trained/certified/licensed) Vessel safety (ramps guards, ramp traffic) Ladder Safety Use of fall protection Unusual loads Evacuation distances and rally points Fire-Fighting Guidance First Aid (process/locations)

3.4.2 Government Safety Briefing. The Government 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 for (unless for safety violation section 3.2.1) The contractors shall be placed on stand-by time per schedule 3A of the SOR.

3.4.3 Operation of Contractor equipment. The Contractor must maintain and operate all Contractor equipment used during operations IAW applicable host nation, local authority laws and DOD regulations, or 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 Contractors 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. The Contractor must notify the COR when the equipment is made compliant and before used again.

3.5 Emergency response to hazardous spills/leaks.

3.5.1 Emergency Response Plan. The Contractor shall provide a comprehensive safety and security “Emergency Response Plan (ERP)”. The plan will clearly outline procedures for emergency HAZMAT cleanup, or POL spills from leaking Material Handling Equipment (MHE) owned or leased by the Contractor, to include mitigating damage to property or the environment. When the Contractor does not have sufficient resources of his own, 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.

3.5.2 Leaking Cargo Shipments. Military cargo leaking POL or hazardous substances, 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 allow further movement of USG vehicle or container leaking or spilling any hazardous substances, to which the contractor shall be responsible for cleanup at their expense. The USG 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 Officer. The Contractor shall follow the directives provided by the Port Emergency Response Officer who will be responsible for assuming command and control of the situation by securing the scene, providing incident command and control, evacuating personnel, stopping the release, containing spills and decontaminating personnel. Any clean-up efforts will be tracked by the Contractor and reported to the COR.

3.5.4 Spill Contingency and Response Plan. The Contractor shall comply with all applicable environmental laws and regulations pertaining to marine and port facilities to include but not limited to: A written Spill Contingency and Response Plan shall be submitted to the COR within ten (10) calendar days of contract award. At a minimum, this plan shall comply with all applicable directives of the environmental guidance and instructions per the United States Coast Guard (USCG). The Contractor’s Spill Contingency and Response Plan (SCRP) shall specifically describe how the Contractor will prevent and respond to spill incidents. In addition, an acceptable secondary containment plan must be submitted in writing as part of the Spill Contingency and Response Plan.

3.5.4.1 In the event of accidental or deliberate discharge and the Contractor fails to mitigate and report the environmental hazard or spill, the Contractor shall be held liable for all costs associated with the incident.

3.5.5 Commercial Truck Drivers. The Contractor shall ensure that all drivers of commercial over the road motor vehicles shall have a valid commercial driver’s license appropriate to the type of equipment being operated when picking up military cargo laden with Hazardous Materials (HAZMAT). The contractor shall ensure commercial truck drivers are licensed and shall have the appropriate HAZMAT permits before releasing cargo.

3.6 Contractor Point of Contact (POC). The Contractor shall provide as part of this contract two (2) POCs with HAZMAT certification for oversight in handling hazardous cargo IAW CFR49 Part 172.704(d) for each operation and port location when handling HAZMAT cargo. The Contractors personnel shall meet the qualification for personnel who pack dangerous goods; load/unload cargo transport units; handle dangerous goods in transport; load/unload dangerous goods into/from ships as specified in IMDGC Chapter 1.3; Training and 49CFR Part 172 Subpart H; Training.

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

3.7.1 The Contractor shall ensure provided vehicles being used for their personnel shall have mounted fire extinguishers, and first aid box with current up to date inspection sticker, documentation and inspected monthly.

3.7.2 During vessel operations, the Contractor shall report to the COR any incidents where: cargo has remained idle across watertight door areas.

GENERAL CONTRACT ADMINISTRATION

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 the applicable Port Authorities as evidence they can legally provide services at all named ports within this PWS and must provide copies (prime and 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 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”, Sub-Contractor, and their employee unless otherwise specified.

4.1.2 Union Agreements and Port Tariffs. The Contractor shall submit copies (English version) to the COR all current union rules, Bargaining Agreements (BA), including any mandated social levy provisions and port tariffs. The Contractor shall also furnish up dated information about specific changes to union or local work rules, updated port Tariffs affecting USG cargo operations IAW the performance of this contract as they occur.

4.1.3 Contract Managers. The Contractor shall provide a contract manager(s) and at least two (2) alternates who shall be responsible for the performance of the work. The Contractor shall provide telephone numbers, and email addresses 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 the management of Tallymen and checkers, stevedoring and longshoring operations. The contract manager(s) and their alternates must be able to read, write, speak, translate, English and German language fluently.

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

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

4.1.3.3 The contract manager or their alternates shall not be removed, terminated, or replaced without informing the COR.

4.1.4 Multiple Work Sites. During the performance of this contract, the Contractor shall work in conjunction with stevedoring and longshoring operations. The Contractor is expected be present anytime the disposition of USG changes i.e., cargo being sorted, stacked, loaded/discharged or vehicles are being prepped, moved, stagged, loaded or discharged to/from all conveyances at multiple work sites, on/at multiple port locations to include but not limited to working vessel(s) operations (working on multiple decks simultaneously), reception and disposition services of rail, commercial truck(s), staging yards, or warehousing. The Contractor shall have their contract manager(s) or alternates present at each work site(s) and accessible to the COR at all times.

Ordering Services. All TC services performed IAW this PWS will be ordered using a Task Order (TO) template. Task orders must be assigned a TO number to be valid and issued by an appointed Ordering Officer (OO) to the Contractor and IAW the clause of this contract.

4.2.1 All tally and checker services shall be identified by the COR and conveyed to an appointed Ordering Officer (OO). The OO will develop an initial commodity, man-hours, or miscellaneous cost estimate identifying all services agreed upon between the COR and the Contractor as soon as practicable and prior to the start date & time for each day TC services are needed and ordered.

4.2.1.1 Task orders will incorporate terminal services and vessel work separately. TC services will be calculated by the documented week (Doc-Week (DW), Sunday – Saturday)). TC services used during Vessel work will be per vessel TO. Any work performed without an issued TO will be at the expense of the Contractor.

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

4.2.3 Reconciliation and Validation. The COR and the Contractor shall reconcile all TC services ordered within seven (7) days of each vessel or DW task order. The Contractor will review all supporting documentation (log book, tally sheets, and time sheets). The COR and Contractor shall agree and shall sign (digital or wet signature) the SDDC Form 288 capturing all commodity, labor and equipment used. The OO will finalize each task order with the COR, accounting for actual Contractor performance within 7 days. The OO will submit a final amended task order to the Contractor for invoicing. The Contractor shall submit an invoice for payment to the COR for certification and the COR will submit the invoice for processing.

Out-of-Pocket (OOP) Expenses. The USG understands that additional expenses will be inherent and necessary for all seaport operations. OOP expenses are for the purpose of unknown supplies or non-durable goods needed and purchased on behalf of the USG. The USG will order, and the Contractor shall be reimbursed for these OOP cost when certain conditions for reimbursement are met. OOP expenses involve the reimbursement of payments made by the Contractor to a Third Party-Logistics (3PL) vendor, supplier, or subcontractor on behalf of the USG.

4.3.1 Rules for Reimbursement. The Contractor shall adhere to the following rules to obtain reimbursement for cost of all OOP expenses. The contractor shall:

· Gain written approval from the COR/OO before purchases of all requested supplies, material, or services.

· Provide a minimum of three (3) estimates of total cost per OOP request per item. (unless approved by the COR for sole source suppliers).

· Provide proof of payment i.e., paid vendor receipts or paid invoice.

4.3.1.1 All such materials or supplies shall become the property of the USG and the Contractor shall recover all serviceable materials and supplies from each operation for re-use in subsequent ordered operations when possible. Additionally administrative fees (e.g., delivery charges, taxes, and surcharges) are allowable OOP expenses that and compensation shall be set forth in Schedules 8 of the SOR.

4.3.1.2 The Government may source specialized materials or third-party vendors to support mission readiness at its discretion and may direct the contractor to procure those materials or services on its behalf and reimburse the OOP expense.

4.4 Training and Contingency Operations. The Government reserves the right to conduct training or in contingency, all or part of port operations with Department of Defense (DOD) personnel. During scheduled training or unscheduled contingency port operations the Government may elect to load or discharge any vessel or perform any related terminal operation. During these scheduled training or contingency events, the Government may utilize military personnel for loading and discharging the entire or part of the vessel, or to conduct routine terminal or other port operations or any part of those operations thereof. Unless services are otherwise ordered, the contractor shall not receive compensation for cargo handling services conducted by the DoD during these scheduled training or contingency events, however unless published port tariffs or local laws prohibit the USG from acting solely, the USG will compensate the Contractor for labor and equipment, or other facility support shall be paid at established rates in the SOR.

4.4.1 The Government will inform the Contractor when such scheduled training or contingency operations are known, but no-later-than (NLT) 48 hours prior to the event. During these training or contingency special operations events, the Government may request from the Contractor to provide in part or normal TC services, as determined by the COR/OO. The COR shall also determine classes of labor and equipment to support those designated DoD operations. Unless full commodity work is provided, the Government shall compensate the Contractor for labor and equipment at man-hour and equipment rental rates established in Schedule 2 and 4 of the SOR.

4.5 Commodity Category. Each commodity is described below and, in the Glossary, cargo is divided into four general commodity categories: containers, vehicles, aircraft, and breakbulk. The following commodity Codes are:

Commodity 35 - Aircraft shall price as each (EA).

Commodity 40 - Breakbulk items shall be priced in MTON’s Commodity 44 - Containers less than twenty foot in length shall be priced as Each (EA) (i.e. ISUs, Bicons, Tricons, Quadcons) Commodity 45 - Containers 20’and 40’in length or multiple knuckled containers Commodity 60, 61, and 67 – Vehicles and trailers classified by weight, shall be priced as each (EA) or (by the unit)

4.5.1 Commodity Rates. Commodity rates i.e.’ unit price (column k of the SOR) shall be prices per commodity and by each piece. commodity pricing shall include the following:

· All planning activities, i.e., attending meetings, phone calls, reconciliation

· General labor, Skilled labor i.e., runners, scanning, documentation, foot printing, and timekeeping

· Management & Supervision

· Contractor Furnished Equipment (CFE) safety cones, lighting, temporary shelter, signage, ladders,

· Ground transportation: i.e., trucks, van, or buses used to transport personnel to/from job sites

· Office Supplies, office space and equipment, materials, and documentation i.e., copy machines,

· Housekeeping i.e., cleaning in/around work site, debris removal Port handling/tariff costs related to cargo handling and movement.

4.5.1.1 TC services are in support of stevedoring and longshoring activities that support of the movement of all commodity items, compensation will be made under commodity rates. Labor for commodity rates shall be based on work performed during regular first shift 0600hrs-1400hrs scheduled hours Monday through Friday. See section 6 for operating hours

4.5.2 Pricing. Pricing shall be by the “individual piece EACH (EA)” or “Measurement Ton (MTON)”. See SOR for further description and definitions.

4.5.3 Measurement Ton Calculations. The Government calculates MTON using the following cargo dimensional data, Length, Width, and Height divided by forty (40) cubic feet. Example: Dimensional measurements of (L) 240in (W) 96in (H) 96in divided by 1728 then divided by 40 will equals 32 MTON’s. This would look like 240”times 96” times 96” = 2,211,840 square inches divided by 1728” (square inches in cubic foot) divided by 40 Cubic foot, = 32 MTON’s.

4.5.4 Exceptions to Commodity Rates. Whenever a particular type of cargo is handled for which no commodity rate has been established, it shall be handled using the Extra Labor (XL) rates established in schedule 2 of the SOR. If the COR determines it’s necessary to establish additional commodity rates, the COR will advise the CO for a SOR modification for the remaining period of the contract.

4.5.6 Shift Change. The Contractor shall ensure tallymen are alert, and providing the USG with accrete cargo checking information, therefore the Contractor is responsible to provide fresh labor at the beginning of each work shift who shall have at least four (4) hours of rest between shifts before starting other work.

4.6 Extra Labor (XL), Detention, Overtime (OT) and Shift Differentials

4.6.1 Extra Labor (XL). The Contractor shall, when requested by the COR/OO, supply extra labor for miscellaneous services within the scope and intent of this contract. Unless services are occasioned by the fault or negligence of the contractor, the contractor shall be compensated at the extra labor rates established in Schedule 2 of the SOR.

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

Documenting the Re-handling, removing, and shifting of cargo (military or commercial).

Replacement of RFID tags,

4.6.2 Detention.

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

4.6.2.2 When detention occurs during a commodity operation, the Contractor shall absorb each detention period of fifteen (15) minutes or less. The Government will compensate the Contractor at detention rates (schedule 3A) for each tally and checker for detention in excess of fifteen minutes including the first fifteen minutes thereof and each minute thereafter.

4.6.2.3 Detention time is used to compensate the Contractor for work stoppage during commodity operations. The Contractor must immediately notify the Government representative monitoring the Contractors work site, work has stopped and make an effort to continue working where work is available to include shifting labor. The Contractor may be directed by COR to shift their labor to another location to reduce stoppage where detention time may result. Any lost time due to the Contractor fault is for the Contractor’s account, labor remains on Commodity.

4.6.2.4 The Contractor shall provide to the COR their approved documentation (time sheets or logbook) justifying detention or standby time at the end of each shift wherein the detention occurred for compensation, failure to do so at the time may preclude compensation except with CO approval.

4.6.3 Overtime. Overtime is defined as the hours worked past regular work day shifts, regardless of shift. For example, if the work day shifts are 0800 - 1700 hours, Monday through Friday, when operational requirements dictates labor work past the regular work day, hours worked after the work day may include overtime wages, this may also include meal hours, weekends and holidays. Overtime compensation shall be the calculated time past the regular workday hours and shall be determined IAW the prevailing CBA (if applicable) for the Contractors personnel.

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

4.6.4 Shift Differentials. (See Glossary) When work is performed in a shift other than the regular daily shift, the Contractor shall be compensated in accordance with the applicable shift differential rates set forth in Schedule 3B and 3C in the SOR for each working member in each labor class. When work is performed on an extra labor basis, applicable differentials rates in Schedule 3B or 3C shall be added to base hourly labor rates schedule 2 per class. Differential pay shall be time over regular working shifts and shall be determined IAW local labor agreements (if applicable) to the Contractor.

4.7 Start Time. The Contractor shall be flexible to the Government for work start times. The Government shall discuss vessel or terminal work at each planning meeting, where an established work day start time shall be established. Start times that start at later than regular working hours shall include established differential rates, and shall not include overtime until a full regular work day hours are met.

4.8 Contract Reporting and Information.

4.8.1 Contract Labor Reporting. The Contractor shall provide as requested by the COR, a daily time keeping logbook for verification of labor and services provided for each shift per day’s operations, for the purpose of reconciliation. Breakout will include the description of service, total quantities of labor by class, hours worked to the nearest Five (5) minute interval, and significant events of the day.

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

Date & time of operation Work was 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) Supervisors signature verifying all info is accurate and correct

4.8.1.1 Timesheets will be verified by the COR. Compensation for services defined in this paragraph are included in all commodity rates established in the SOR.

4.8.2 Time Management. In addition to all other requirements stated elsewhere, the Contractor shall provide the Government with:

4.8.2.1 Cost Data. The Contractor shall segregate and accumulate cost data relating to this contract for each type of operation (examples: loading and discharging vessels, extra labor, and detention). The Contractor shall report this data monthly to the COR, Compensation for services defined in this paragraph are included in the commodity rates established in the SOR.

4.8.2.2 Daily port work accomplishment plan. The Contractor shall provide to the COR, a daily accomplishment assessment based upon vessel or terminal services load/discharge, port reception/clearance, to include number of checkers, stevedores, and longshoremen, vessels name, pier, etc., and equipment requirements, by shift. The Contractor shall provide this information at daily operations meetings. Compensation for services defined in this paragraph are included in the commodity rates established in the SOR

4.8.2.3 The Contractor shall provide to the COR, verbal reports of contractual problems, actual or anticipated, as identified with a written report reflecting unresolved conditions or negative reports, if applicable. These reports should be provided to the COR when problems are known. The Contractor shall provide the COR all written reports or records that document relevant agreements made between the Government and the Contractor.

4.8.2.4 Monthly COR & Contractor meetings. The Contractor and COR will meet monthly to discuss verbal reports of contractual problems, actual or anticipated, as identified with a monthly written report reflecting unresolved conditions or negative reports, if appropriate. Written reports or records (meeting minutes) are required for any commitments made between the Government and the Contractor.

4.8.3 Request for information. The Contractor shall provide to the USG cargo management information generated as a result of this PWS and shall respond to specific inquiries. The Contractor shall answer inquiries regarding the status of work, loaded/discharged counts, cargo conditions, or labor usage (stevedore/longshoremen) within four (4) hours or less.

4.8.3.1 The Contractor shall immediately notify the COR of the inability to perform any task or function IAW this PWS. Compensation for services defined in this paragraph are included in the commodity rates established in the SOR.

4.9 Transition of TC Contracted Services. In the event that the incumbent Contractor is not successful in the renewal of this contract, the Contractor shall agree and begin a joint inventory with the incoming Contractor within seven (7) calendar days after contract award to transition any and all USG owned supplies or material acquired during the preceding period or performance. This joint inventory shall be completed and all issues resolved within seven days of commencement, unless a longer period is approved by the Procuring Contracting Office (PCO). Transfer of all property shall be completed within seven days after completing of the joint inventory.

4.9.1 Transition of Services & Schedules and Task Orders. It is of the utmost importance; work schedules are maintained during transition periods. The outgoing Contractor shall be responsible for open task orders and work schedules until work is officially transferred to the incoming Contractor. Work will only be transitioned from the outgoing Contractor to the incoming Contractor when it is determined by the COR that the incoming Contractor can conduct operations without detriment to the mission. This determination will be made in writing and provided to the PCO. Any disagreement with the COR's decision shall be brought to the attention of the PCO for resolution.

4.10 Order of Precedence. The Contractor shall be bound to accomplish all tasks and referenced regulations identified in the PWS. Should there be a conflict between the PWS and references set forth therein, the PWS will prevail unless the reference mandates priority. In the event there is a conflict between or among two or more such references, those coded mandatory shall prevail over those coded advisory. Between or among those similarly coded, those issued by a higher authority shall control over those issued by a lower authority and between or among those issued at the same level of authority, those with a later date of issue shall control over those with earlier dates of issue.

4.11 Performance Requirements – Quality Assurance (QA).

4.11.1 Contractor Performance Requirements. This is a performance based contract. The Contractors performance will be measured against the critical performance objectives listed in Contractor Performance Requirements Summary (PRS).

4.11.2 Definition of Performance Requirements. Performance Requirements are described as performance objectives, measures, and standards in the following manner:

· Performance Objective – A statement of the outcome or results

· Performance Measures – The critical characteristics of the objective that will be monitored by the Government

· Performance Standards – The targeted level or range of levels of performance for each performance measure, relating to the Acceptable Quality Level (AQL) for the objective

4.11.3 Use of Performance Measures and Standards. The Contractor shall ensure every performance objective is provided IAW the PRS; however, every performance objective does not have a related performance measure or performance standard. For those performance objectives which do not specify a measure or standard, the measures and standards are in accordance with standard commercial practices.

4.11.4 Quality Assurance. The Government will inspect the Contractor’s performance IAW the PWS during the term of the contract. The Contractor shall not limit or hinder the Government’s access to places (to include services performed by sub-contractors) where services are being performed. The Government will randomly provide inspections with or without notice to the Contractor.

4.11.5 Government Observations. Government personnel, other than the CO, COR or Quality Assurance Evaluators (QAE) or Ordering Officer, will observe the Contractor’s operations, however, they will not interfere with contractor performance.

4.11.6 Contracting Officer’s Representative. The Contracting Officer Representative is the authorized government representative(s) who will perform assessments of the Contractor’s performance.

4.11.6.1 The COR will inform the Contractor verbally when discrepancies occur and may request corrective action. The COR will make a notation of the discrepancy on their surveillance checklist with the date and time the discrepancy was noted and request the Contractor (or authorized representative) to initial the discrepancy. The Government may issue a Contract Discrepancy Report (CDR) to the Contractor if deemed appropriate.

4.11.6.2 If the Contractor has contract concerns due to potential scope issues, prices, terms or conditions of the contract, the Contractor shall contact the CO and not discuss with the COR.

4.11.6.3 The Contracting Officer or the COR will inspect or evaluate services performed by the Contractor during the period of this contract.

4.12 Quality Control Inspection Plan (QCIP). The Contractor shall establish and provide a copy to the CO/COR within 10 calendar days of the award date of this contract, QCIP which will emphasize quality control over all contract requirements. The QCIP will contain a Quality Control Inspection Checklist (QCIC) which, at a minimum, will contain all elements of the Performance Requirements Summary (PRS).

4.12.1 The QCIP shall include the following:

A quality control inspection system covering general and specific tasks included in the contract scope of work. It should specify tasks or areas to be inspected on both a scheduled or unscheduled basis, and the manner in which inspections are to be conducted.

The names of firms or individuals tasked to perform inspections and the extent of their authority. This may be in the form of an organization chart or other form approved by the COR.

A method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

A method of documenting and enforcing quality control operations of prime or subcontractor work, including inspection and testing.

4.12.2 Quality Control Inspection Checklists (QCIC). The Contractor shall submit the QCIC to the COR upon completion of every vessel operations mission. Compensation for services defined in this paragraph are included in the commodity rates established the SOR.

4.12.3 Quality Control Files (QCF). The Contractor shall maintain a file of all Contractor inspections or tests, to include any corrective actions taken. The USG may review the Contractor’s QCF at the CO’s discretion during the contract term, to include any extensions of contract term. The Contractor’s QCF is Government property and turned over to the Government upon completion or termination of the contract.

4.13 Performance Requirements. The USG will evaluate the Contractor's performance under this contract using the methods of surveillance specified in the Performance Requirements Summary (PRS). The USG will record all surveillance observations. When an observation indicates defective performance, the COR will request the Contractor's representative to correct the deficiency and to initial the observation, however, the Government's right to perform additional inspections shall not be limited to the requirements in the PRS.

4.14 Performance Evaluation Meetings. The contract manager shall be required to meet at least weekly with the COR, and/or the Contracting Officer during the first month of the contract. Meetings will be held as often as necessary thereafter as determined by the COR. Upon Contractor request, a meeting will be held whenever a contract discrepancy report is issued. The written minutes of these meetings shall be signed by the contract manager, Contracting Officer, and COR.