Attachment 1 - PWS_Guam SRTS.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

TERRITORY OF GUAM AND NORTHERN MARIANAS ISLANDS

GUAM PORT AUTHORITY, NAVAL BASE GUAM, AND SECONDARY PORTS OF

SAIPAN AND TINIAN

Stevedoring and Related Terminal Services (S&RTS)

Performance Work Statement (PWS) For

Military Operations Terminal 835th Transportation Battalion

Stevedoring & Related Transportation Services Performance Work Statement

TABLE OF CONTENTS

Section Topic Page

1.0 Background & Scope 2

2.0 General Security Requirements 3

3.0 General Safety Requirements 6

4.0 General Contract Administration 9

5.0 General Contractor Requirements 26

6.0 Port - Terminal Specific Requirements 49

Performance Requirements Summary (PRS) Table 65 Appendix A Regulations, Publications, & Forms 68 Appendix B Glossary of Terms 74 Appendix C Payment, Ordering, and Invoicing Instructions 85 Appendix D List of Acronyms & Abbreviations 87 Appendix E Foreign Entity Vetting 89

1. BACKGROUND AND SCOPE

1.1 Background. The United States Army Transportation Command (ARTRANS), headquartered at Scott Air Force Base (AFB), Illinois is an operational-level Army force designated by the Secretary of the Army (SECARMY) as the Army Service Component Command (ASCC) of the United States ARTRANS warfighter to every war, major contingency, training exercise and humanitarian relief operations where our Military forces are needed and deployed.

1.2 Scope of Service. Provide Stevedoring and Related Terminal Services (S&RTS) at the primary seaport(s) located at the Guam Port Authority of Guam and Naval Base Guam (NBG) (referred to as “Guam” throughout the PWS), and secondary ports located on the Northern Marianas Islands of Saipan and Tinian (priced separately once identified) in connection with the import and export of Defense Transportation System (DTS) sponsored cargo. All tasks shall be completed per the requirements stated through the Performance Work Statement (PWS) in a manner consistent with Commercial Best Practices.

1.2.1 S&RTS covers the full spectrum of managing US Military cargo (e.g. containers, vehicles, breakbulk, and rotary or fixed wing aircraft) transitioning through designated seaport(s). Operational tasks shall include, but are not limited to, all stevedoring and longshoring services required for vessel loading and discharge, port reception and disposition, cargo management staging, intra port transfers, cargo prep, Tally and Check (T&C) , handling and warehousing Government provided dunnage and tiedown materials.

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

1.2.1.2 Contracted services shall include the capability to work multiple vessel(s) and vessel decks simultaneously at ports in Guam and secondary port locations as described in this PWS’s Area of Responsibility (AOR) 24-hours a day, seven (7) days per week, and 365 days per year (see Section 6 for port location). All classes of supply are to include, but not limited to, military vehicles up to 150,000lbs, Ammunition & Explosives (A&E) and hazardous materials, as well as sensitive, controlled, refrigerated, and/or other general DoD cargo handled through all modes of transport.

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

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

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

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

1.2.1.5 The Contractor shall obtain written approval from the COR for all work, services, or other terminal operations for which a task order number and ordering template will be issued. The Contractor shall assume all expenses for any work performed outside of the contract or without prior written authorization from the COR.

2. GENERAL SECURITY REQUIREMENTS.

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

2.2 The overall classification of work associated with this contract is UNCLASSIFIED. Personnel assigned to this contract will not require access to Non-Secure Internet Protocol Router Network (NIPRNet) applications or UNCLASSIFIED Government systems, therefore not authorized to obtain a Common Access Card (CAC) or Alternative Smart Card Logon (ASCL) tokens.

2.3 Ground Rules and Constraints.

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

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

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

2.4 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.

2.5 Persons with Restricted Duties. The Contractor shall not allow a person restricted by any authority from certain equipment or areas to operate that equipment or enter areas as designated by the COR.

2.5.1 The Contractor personnel shall read and comply with applicable the Department of Defense (DOD) security regulations, policies, and procedures for access to installations and facilities. The Contractor shall comply with all requirements associated with NBG Installation Access Control (U.S. Navy Visitor Control Center).

2.5.2 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.

2.5.3 Upon termination or completion of this contract, the Contractor shall surrender all government supplies, materials, and equipment to the COR. In addition, the Contractor shall turn in any security badges issued to the COR on the last day of the contract or upon any termination/reassignment of a contract employee.

2.6 Derogatory Information. If the Government notifies the Contractor that employment of any Contractor employee is prejudicial to the interests or endangers the security of the USA, the Contractor shall remove and bar that person from Military operations. This includes security deviations/incidents and credible derogatory information on contract members during the course of the contract period. The Contractor receiving award of this contract shall make any changes necessary in the appointment(s).

2.6.1 The Contractor’s personnel will immediately be escorted off the premises. The contractor shall ensure the roles/privileges assigned to contractor employees on the Government computing platforms are limited to the roles/privileges essential to that individual’s performance of his/her assignments.

These roles/privileges can be limited or revoked by the Government for any reason.

2.7 Operations Security (OPSEC). Information provided during the course of performance shall only be released to personnel/entities who are providing specific services in support of the contract. The contractor shall implement appropriate safeguards to mitigate against the release of said information to third parties external to the transportation and logistics enterprise without prior permission. The Government and contractor shall operate in concert to sanitize transportation related information in order to provide only the most basic elements required to satisfy the requested service. In any case where there is uncertainty or ambiguity with regard to OPSEC protocols, the contractor shall consult the COR and/or CO for resolution.

2.8 Threat Related Incidents. Persons employed by the Government will report threat- related incidents, behavioral indicators, and other matters of Counterintelligence (CI) interest specified in AR 381-12, Chapter 4 the Facility Security Officer, the nearest Military CI Office, the Federal Bureau of Investigation, or the Defense Counterintelligence and Security Agency.

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

2.10 Base Access. The Contractor’s employees, including sub-contractors will comply with base access and control procedures. Personnel not cleared for entry into the secured working area/s will be denied entry, and the USG shall not be liable for wages of such denied personnel.

2.11 Vehicle Identification. The Contractor shall obtain installation/port access clearance for any vehicles used in performance of this contract. The Contractor shall submit a comprehensive list of vehicles required during the duration of this contract immediately upon award to the COR in order to obtain access clearance.

The list shall identify vehicle type, license plate, and owner/ company name. Personal Owned Vehicles (POV) shall not be authorized entry in and around USG equipment unless identified as official vehicles critical to the success of the mission. When submission of a new vehicle is necessary, only substitutions are acceptable to maintain a reasonable number of cleared vehicles authorized entry.

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

2.12 Privacy Information. Contractor and COR/ACOR, must ensure all personnel information https://www.esd.whs.mil/dd/ collected, maintained, used or disseminated is relevant and necessary to fulfil the requirements of the Contract. The Contractor will collect information to the greatest extent practicable directly from the individual and inform them of the reason collection of the information is required, authority for collection, who and for what purpose, whether disclosure is mandatory or voluntary, and the impact of not providing the information. Contractor and COR/ACOR will establish appropriate administrative, technical and physical safeguards for protection of paper documentation involved.

These safeguards will ensure the security of records and prevent compromise or misuse during storage, transfer, or use, including transiting authorized alternative worksites. Privacy information collected must comply with Host Nation, DoD, and Army Regulation 25-22, whichever is more stringent.

2.13 Badges. All permanent and temporary personnel, hired directly or indirectly by the Contractor, performing work under this contract shall have in their possession a current Defense Biometric Identification Systems (DBIDS) badge for NBG or Transportation Workers Identification Credentials (TWIC) for ports where military operations is being performed. They shall display their DBIDS badge when required. a current Defense Biometric Identification Systems (DBIDS) badge for NBG or Transportation Workers Identification Credentials (TWIC) for other ports where military operations is being performed. The Contractor’s management to ensure compliance with this requirement.

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

3. GENERAL SAFETY REQUIREMENTS

3.1 General Safety Requirements of the Contractor are defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contact further defined in Section 6. All Army Safety Regulations can be found at http://armypubs.army.mil.

3.2 Enforcing and Monitoring Safety. The Contractor shall comply with, enforce, and monitor applicable USG safety and fire regulations. The COR will log any discrepancies within the defined quality performance process. The Contactor shall establish and maintain an effective and comprehensive safety program. The Contractor shall acquire, maintain, and require the use of safety equipment, Personal Protective Equipment (PPE) (29 CFR 1917.91-95/1918.101-106) and devices necessary to always protect all employees and Military and civilian personnel while working Military Operations at terminals, commercial truck yards, and on all vessel(s) containing military vehicle/equipment.

3.3 Safety Program Manager. The Contractor shall provide as part of its management staff a dedicated Safety Program Manager (SPM) and/or alternants as needed for each operation. The Contractor shall ensure the SPM is accessible and on site to observe all USG Operations. The SPM must ensure the Contractor’s safety practices are monitored, damage/injury is investigated, and make corrections when deviations or departures from safety are observed.

3.4 Accident Prevention/Safety Program. The Contractor shall provide to the COR within two (2) calendar days of contract award date, their written plan for Accident prevention/safety program, for port/terminal operations for each port, per Federal Acquisition Regulations (52.236-13 Accident Prevention), and DA PAM 385-10 (Army pubs.mil).

3.4.1 Safety Stop. The USG reserves the right to call “safety stop” of the Contractor’s operations http://armypubs.army.mil/ when/if the Safety Officer, COR, or other USG representative observes or reports safety concerns whereas harm to life, damage to property, or unsafe practices are present/possible. The COR shall inform the contractor to “stop work” directing the contractor to “stand-by”. The Contractor’s operations shall not resume until all practices, infraction or violations have been addressed and corrected and/or revised their methods of operation to correct the safety issue. The Contractor shall also bring together all personnel for a safety briefing to the Safety Officer or their representative satisfaction before operations resume. The USG will not compensate the Contractor for any time spent on “stand-by” or lost time incurred due to safety violation/infraction. The USG may hold the Contractor liable for any costs incurred to the USG, resulting from operations halted due to the Contractor’s unsafe practice or violation and all safety violations/infractions shall be documented.

3.4.2 Safe Working Load Lift trucks, and Cranes. The Contractor shall adhere to local authority and Occupational Safety, Health Administration (OSHA), and DoD standards for “safe working load” for all Contractor Furnished Equipment (CFE) and MHE, to include all cranes (ship or shore). The Contractor shall adhere to all safety requirements when lifting cargo. The Contractor shall ensure all CFE/MHE driver/operators are Powered Industrial Truck (PIT) certified, only trained and competent operators shall be permitted to operate a powered industrial truck. All PIT operators must be trained and certified by their organizations [29 CFR 1917.27] or and have in their possession a PIT card, the PIT card shall designate all CFE/MHE that driver/operator are trained to operate [29 CFR 1917.27]. Crane Operators shall be certified to meet OSHA standards [CFR 29 1917.27]. The COR or other designated USG personnel at their discretion may stop any/all driver/operators and are trained on the equipment they are operating.

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

3.4.4 Contractor Safety Briefings. The Contractor shall, as part of all commodity and extra labor operations, conduct and document safety briefings for all workers by name prior to all vessel, terminal service/operations and at each shift change. The Contractor shall provide a mandatory safety briefing to new personnel as they are added. The Contractor shall conduct safety briefings with the presence of a ARTRANS USG representative. The COR or ARTRANS Safety Officer may also participate in these briefings. The job Safety/Hazard Analysis should be the basis for safety brief content. The Contractor shall conduct safety briefings in the English language and the language understood by the labor/workers.

3.4.5 USG Safety Briefing. The USG, at its discretion, may conduct additional safety briefings when necessary, and/or per the local Commander’s guidance. The USG’s safety briefing may include information from above, other necessary Command-related information, or additional safety concerns.

Compensation (unless for safety violation) for the Contractor’s labor shall be placed on stand-by time and compensated per Schedule 2 of the SOR. No compensations shall be made to the contractor for “safety stop/violations”.

3.5 Reporting Accidents, Injuries and Damage

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

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

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

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

3.5.2 Preserve Critical Evidence. The Contractor shall secure the accident/incident location and preserve critical evidence. The Contractor shall allow USG personnel access to the location, all evidence, and all Contractor-employee witnesses including operators involved in the accident/incident. The Contractor shall ensure that operations do not resume until cleared by the COR, ARTRANS Safety Officer, and local authorities.

3.5.3 Reporting Timelines and Requirements

3.5.3.1 Within 8 Hours: Accident/Incident Information required from Contractor of accident/incident if severe damage to equipment, hospitalization of employees or loss of life:

• Date and time of incident

• Location of incident

• Brief synopsis of the accident, to include injured personnel, equipment damaged and description of activity during the incident

• Supervisor name and contact information

• List of employees involved or who witnessed the incident

• Extent of injuries and if medical treatment was administered

3.5.3.2 Within 24 hours: Accident Information required from Contractor

• Information from 3.5.3.1

• Status of injured personnel

• Pictures of affected equipment

• Training certificates/licenses for personnel involved in incident

• Maintenance records of equipment involved in incidents

3.5.3.3 Within 30 Calendar Days (or sooner if investigation is complete) Information required from Contractor

• Findings identifying the root cause(s) of the accident

• Corrective actions taken to prevent recurrence

• Follow-on status of any injuries from 24-hour status

• Final incident report from Contractor’s safety representative to COR

3.6 Posted Speed Limits. The Contractor shall comply to all posted port speed limits for all vehicle traffic per local port directives. All security is controlled and handled by Naval Base Guam (NBG) security/police.

The Contractor will abide by Security Rules and Policies on NBG, with security guards posted at gates and within restricted areas. Traffic signs and road names on NBG are posted.

3.6.1 The USG has further defined vehicle speed limits as follows for Military vessel/terminal operations at all piers/terminals/ports (unless specified).

• The maximum speed limit for vehicle(s) shall be inside a vessel, on vessel ramps, and/or dock/pier is less than or equal to5 MPH (walking speed).

• The maximum speed limit within staging areas is less than or equal to10 MPH.

• The maximum speed limit for roadways to/from staging to vessel the maximum speed limit shall be 10 MPH.

• The maximum speed limit for CFE/MHE speed limit is 10 MPH or less than5 MPH on vessels.

3.7 Vehicle Safety. During all operations, the Contractor shall not leave any vehicle (military or commercial) unattended when the engine is running, or if vehicle brakes are not operational. Military vehicles/trailers with air braking systems that are determined to be inoperable (i.e., air systems have been compromised, brakes have been caged or considered freewheeling) shall not be left unattended.

Vehicles in this condition must be labeled clearly on all sides “NO BRAKES.” Vehicles parked in staging lots shall have all wheels or tracks chocked blocked. Trailers shall remain attached to their prime movers, or if orphaned hand brakes set or wheels have chocked blocked.

3.8 Fire Extinguisher and First Aid Kit. The Contractor shall provide and ensure all CFE/MHE used in military operation shall have mounted fire extinguishers and First Aid Kits with an up-to-date inspection stickers/documentation. The fire extinguishers and First Aid Kits shall be inspected monthly.

3.9 Vessel Safety. During vessel operations, the Contractor shall not let vehicles remain idle across watertight door areas. Maintain only one vehicle at a time, moving on vessel ramps, and test vehicle brakes before moving any vehicle.

3.10 Ramp Guards. The Contractor shall provide ramp guards stationed at all vessel ramps to direct traffic, monitor foot traffic, and alert personnel when vehicles are traversing ramps. All ramp guards shall have whistles and flashlights in addition to PPE. Compensation for the services defined in this paragraph are included in the commodity rates established in the SOR.

4 GENERAL CONTRACT ADMINISTRATION

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

4.1.1 Port Licensing and Permits. The Contractor, or its named Subcontractor(s), shall possess a valid and current Business License (BL) issued by the USG or host nation government as well as a work permit issued by the applicable authority for port operations. T h i s w i l l b e evidence that the Contractor, or its named Subcontractor(s), has the legal right to work in/at all ports designated in this PWS. The Contractor shall provide updated documentation (Prime and Subcontractor(s)) to the CO and COR for record within thirty (30) calendar days of contract award.

4.1.2 Subcontractors. The Contractor shall require all Subcontractors, including subcontracted laborers, 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 it acting as the “prime” and their “employees”, or “Subcontracted laborers”, or others acting on behalf of the prime Contractor unless otherwise specified.

4.1.3 Union Agreements and Port Tariffs. The Contractor shall submit copies of the most current version of the Collective Bargaining Agreement (CBA) and current year published port tariff for the Port Authority of Guam within (2) calendar days of contract award date to the CO/COR,. The Contractor shall also furnish updated information about specific changes to union contracts, wage increases, local work rules, and CBAs as well as new port tariffs affecting USG cargo operations IAW the performance of this contract as they become available.

4.1.4 Port Services/Tariffs. The Contractor shall be responsible on behalf of the USG for all cargo handling costs related to handling and movement of USG cargo. The Contractor shall be responsible for coordinating with the Port Authority for use of port services, stevedoring, and facility support, whereas the Contractor shall incorporate those cargo handling fee/charges into all commodity rates for all port locations. The USG will not pay for or reimburse the Contractor for usage of port staging/storage free time, customs duties, taxes, and similar charges for which no services are received, or the USG is exempt from. The USG will only pay port tariffs fees/charges where the USG has requested and received those services. The Contractor will not include such taxes, duties, customs fee, free time, excise fee/tax, inspection fee, bond, or the like for which the USG in any of its rates. If the Contractor pays a tax, duty, customs fee, excise fee/tax, inspection fee, bond, or the like for which the USG is exempt, the Contractor is not entitled to reimbursement.

4.1.5 Contract Managers. The Contractor shall provide a Contract Manager(s) and at least two (2) alternates as part of their supervision who shall be responsible for the performance level of all services rendered. The Contractor shall provide telephone numbers for each of the contract manager(s) and their alternates where these individuals may be contacted during and after duty hours. The contract manager(s) shall have demonstrated experience in directing and managing longshoring and stevedoring operations. The contract manager(s) and their alternates must be able to understand, the read, write and speak the English language and other language understood by its subcontracted labor/workers as necessary.

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

4.1.5.2 The Contract Manager(s) and alternate(s) shall meet as necessary with the COR to discuss contract performance or other problem areas or issues.

4.1.5.3 The Contractor shall not remove or replace the Contract Manager(s) or their alternate(s) without informing the COR.

4.1.6 Multiple Work Sites. During the performance period of this contract, the Contractor shall work simultaneous cargo handling operations, at multiple work sites, to include, but not limited to, working vessel(s) operations (working multiple decks simultaneously), and performing reception and disposition services, Military/Commercial Line Haul (M/CLH) Trucks, call forwarding & staging yards. The Contractor shall have their Contract Manager(s) or alternate(s) 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 alternate(s) shall be available to the COR by telephone.

4.1.7 Ordering Services. The Contractor and COR/OO shall agree on ordering services including daily cut-off time(s) for ordering all S&RTS. Procedures for ordering services shall be provided within two (2) calendar days of contract award date. The USG shall order services no later than (NLT) 1400 hours for 0800 hour start times for the next day or 1400 hours for 1800 hours start times for the same day. Example: Order services on Monday at 1400 hours for Tuesday morning 0800 hours start time, Monday start times shall be ordered on Friday.

4.1.7.1 All S&RTS performed IAW this PWS will be ordered using a Task Order (TO) system. Task orders will be assigned a TO number by ARTRANS G8 and then issued by an appointed OO to the Contractor and IAW Appendix C, Payment, Ordering, and Invoicing Instructions. Any work performed prior to an issued numbered TO will be at the expense of the Contractor.

4.1.8 Task Orders. All services shall be identified by the COR and conveyed to an appointed OO. The OO will develop an initial TO as soon as practicable and prior to the start date and time each day S&RTS are ordered. The OO will provide an “initial” Task Order (ordering template). The initial TO will identify all commodity, man-hour, miscellaneous materials or associated services agreed upon between the COR and the Contractor.

4.1.8.1 Vessel Task Orders will be separated by “upload and/or discharge” for all known vessel work, whereas all Terminal work shall be ordered by the day, or by Documented Week (DocWeek), DocWeek shall be Sunday through Saturday. Any work performed prior to the OO issuing a numbered TO will be at the expense of the Contractor.

4.1.8.2 The Contractor has the sole responsibility to order all labor for the required TO work in sufficient quantities and classes to meet the agreed upon productively levels, and completion timelines. Should the Contractor mis-judge commodity work completion timeline and advise the COR/OO to order services for the next day, and commodity work completes prior to next day’s start time, the Contractor shall be liable for all personnel, and any union guaranteed time at its expense.

4.1.9 Cancellation of Services. Cancelation of services shall include daily cut-off time(s) for canceling all S&RTS. Procedures for canceling services shall be provided within two (2) calendar days of contract award date. Unless otherwise stated elsewhere, the USG and the Contractor shall agree, ordered services shall be canceled no later than (NLT) 1700 hours the same day as ordered for 0800 hours start time the next day, or at 0700 hours the next day for 1300 hours start times the same day. Example: Services ordered on Monday at 1400 hours for Tuesday morning 0800 hours start time, may be canceled at or before 1700 hours the same day as ordered.

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

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

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

4.2.1 Reconciliation and Validation. The goal of the COR is to reconcile, complete, and process the contractor’s invoice and close all TO’s within 21 calendar days of the completion of each TO. The COR/OO shall determine, and the Contractor shall agree, to reconcile and settle all task order(s) within a set timeline and provide an invoice to the COR for payment. The contractor’s failure to reconcile TO’s within the below perimeters will result with the USG finalizing TO’s based on its documented evidence of the Contractor’s performance, whereas the Contractor shall agree/accept the USG’s “final TO” for invoicing.

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

4.2.1.2 Once reconciled, the OO will within seven (7) calendar days, or when practicable after large operations, finalize each TO accounting for actual Contractor performance per MT 288. The OO will submit a “final task order” to ARTRANS G8 for validation, once validated and dated the OO will forward the validated TO, to the Contractor, whereas the Contractor shall then invoice the USG. The Contractor shall submit their invoice for payment to the COR for validations/certification, if information on the invoice is found not match the TO or MT288, the COR will return the invoice back to the Contractor to correct or will validate & certify the Contractors invoice within and submit within

(7) calendar days to ARTRANS G8 for payment processing.

** NOTE** Any invoice submitted, dated prior to “G8 validation date” will be returned. ARTRANS G8 will not process invoices for payment dated prior to its validation date and will return invoice to the COR whereas the Contractor will have to re-issue a corrected invoice for processing/payment.

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

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

USG.

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

4.3.1.1 Items purchased/rented shall be identified on the TO template (MISC. Tab) form by the OO and certified as necessary by the COR. The Contractor’s invoice for miscellaneous expenses shall detail each service or supply, the rate per unit, number of units and total extended price, accompanied by the vendor(s) receipt/invoice as substantiating documentation. The USG will not reimburse for any miscellaneous OOP expenses without all substantiating documentation (vendor itemized receipt/invoice) attached. For miscellaneous supplies and durable goods not listed under a specific SOR, compensation shall be at reimbursement OOP expense.

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

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

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

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

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

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

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

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

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

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

• All management, supervision, safety manager(s), environmental compliance officer, or other Contractor staff.

• All planning activities to include all meetings.

• Contracted Services Reporting: Administrative and contract data and requested reports for all provided services.

• All directly employed or subcontracted Stevedores, Longshoremen, Tallymen, and

Warehousemen i.e., all Classes of Labor, Foreman, Supercargo, General Labor, Skilled Labor I, II, & III, Skilled drivers, crane operator, gear man, mechanics, carpenters, (not all-inclusive personnel list).

• All employee administrative cost for benefits, guaranteed overtime, travel, or other cost.

• CFE, MHE, drivers/operators, gear, mechanics tools (manual & air), ramps, shop equipment, rigging, spreader bars, slings, wire rope, hooks, shackles, straps, and Military style slave cables.

• Ground transportation: i.e., trucks, van, ATV, buses, vehicles, contact maintenance vehicle (jump truck), and heavy tow-vehicles.

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

• Lashing & Unlashing for all conveyances (vessel, commercial/military trucks).

• Cargo accountability, cargo inspections, cargo and lashing inspections for vessel, and rail lashing inspections/movement.

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

• Ramps for loading conveyances.

• Cargo management (i.e., space, cargo consolidation, frustrated) towing, stacking, stripping, contact maintenance, safety/environmental)

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

• Staging areas/yards area, set-up, and closure.

• All port tariff fees/charges associated to cargo handling (i.e. labor, MHE, staging space, etc.)

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

• Commodity 25- Milvan (ISO) Container (20’/40’) packed w/ Explosives

• Commodity 35 – Aircraft. Rotary or fixed wing

• Commodity 40 – Breakbulk. Field maintenance units M7-FRS or multiple stacked flat racks, skid mounted generators, or loaded 463l pallets etc.

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

• Commodity 45 – Containers - non-explosive - 20’and 40’ lengths or multiple knuckled, >TEU containers configured into Twenty/forty Foot Units (TEU).

• Commodity 60, 61, and 67 – Vehicles and Trailers - Classified by weight class.

4.6 Commodity Pricing. The USG shall compensate the Contractor for each single vehicle, trailer, container, or aircraft the Contractor handles. The Unit of Measure (UOM) shall be i.e., EACH (EA) for single pieces e.g. (Containers, Vehicles, Orphaned trailers, and Aircraft. Commodity category (35, 44, 45, 60, 61, 67) - EA)), prime vehicles/trailer combinations will be considered one piece. Breakbulk (BB) Cargo the UOM used is “Measurement Ton (MTON)” Breakbulk commodity (40) - MTON)), BB secondary loaded, nested, or stacked on cargo beds or trailer will be considered part of prime vehicle/trailer and counted as part of the prime vehicle or trailer. Stacked flat racks shall be counted as one piece.

4.6.1 Each commodity further divided by handling method, (lift, Roll, Tow) shall infer loading or discharge:

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

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

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

4.6.2 The USG will not interfere with any method the Contractor chooses to dray, move or lift any USG cargo; however, the Contractor shall be responsible to use proper methods of draying, lifting, or towing vehicles/trailers and general cargo as stated elsewhere in this PWS, military standards per Army Regulation (AR) or Modal Instructions (MI). The USGs preferred and most efficient method of loading or discharging vehicles is by driving them under its own power. The USG will not compensate the Contractor for loading/discharging cargo for other than by the intended commodity method (e.g.

lifting operable vehicles in lieu of driving them or separating a trailer from its prime mover) unless approved by the MCS/COR. The Contractor shall be fully responsible and liable for all damaged caused by its personnel for negligence due to improper handling methods.

4.7 Exceptions to Commodity Rates. The USG will make exceptions to compensating the contractor per commodity rates for cargo shipments received, for which no commodity rate(s) were established.

The USG will compensate the Contractor to handle cargo per Extra Labor (XL) and Equipment Rental Rates (EQR) rates (if needed) as established in (Schedule 2 & 4) of the SOR. If the COR determines it is necessary to establish additional commodity rates, the COR will advise the CO for a SOR modification for the remaining period of performance of this contract.

4.8 Commodity Rates. Commodity rates are intended as a onetime payment for movement of cargo (e.g., from its staged location (point of rest), moved to the final point of stow onboard the vessel, “or” from the stowed location onboard the vessel to its designated final point of rest per the USG’s staging plan) or from point of rest (staging) to/from Common-User Land Transportation . Other than for tallying & checking cargo, cargo consolidation, stopping the flow of cargo from “staging to vessel or M/CLH truck” or from vessel or M/CLH truck to staging is for the convenience of the Contractor and at contractor expense, the USG will not pay additional cost associated to double handling the USG’s cargo unless requested and approved by the COR/OO in advance.

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

(L) 240in (W) 96in (H) 96in divided by 1728 then divided by 40 will equal 32 MTON’s. This would look like 240” multiplied by 96” multiplied by 96” equals 2,211,840 cubic inches divided by 1728” (cubic inches in one cubic foot) divided by 40 Cubic foot, final product would equal 32 MTON’s (rounded to two decimal points).

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

4.10 TABLE 1— Cargo Handling (Services) Operations.

**NOTE: The USG refers to the following cargo handling table (as definitions); the table does not define each as separate billable item(s). Example: Schedule 1A1 - Loading Vessel. Loading cargo on a vessel will inherently include prepping the vessel for loading, moving cargo from its staged place of rest, that includes but is not limited to driving, towing, or draying the cargo aboard the vessel, and stowing that cargo in its designated stow location, then securing the cargo (lashing), and providing documentation, foot printing, tally & checking, and correcting any lashing deficiency per chief mates lashing inspections, and vessel housekeeping, debris removal, and reconciling the operation with the

COR/OO.

4.10.1 TABLE 1

Operation Definition

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

Discharge The act of unloading cargo from a conveyance (vessel, (M/CLH trucks) to a designated final place of rest.

Lashing and Un-lashing (only)

The act of providing only lashing or unlashing (tie-down) of cargo aboard a vessel.

Stuffing The act of loading/moving cargo from its place of rest loaded in/on a Container Roll-Out Platform (CROP), shipping container, or onto flat rack(s).

Unstuffing The act of unloading cargo from a CROP, shipping container, or flat rack(s) to its final place of rest.

Stripping The act of discharging cargo from trailers, flatbeds, and/or Mobil loading platform MAFI’s ® to its final place of rest.

4.11 Guaranteed Time, Stand-by Time, and Detention.

4.11.1 Documented Evidence. The Contractor shall provide to the COR all approved documentation (time sheets, hatch logs, logbook, etc.) as evidence justifying detention time, stand- by time, guaranteed time, or overtime, at the end of each shift wherein the work is compared to the USG Timekeeper’s logbook/records for completion of the ARTRANS Form 288 for approval of compensation. The Contractor shall obtain COR/OO written pre-approval to work in all conditions specified under Detention time, Stand-by time, Guaranteed time, Overtime, or Extra labor. Failure to follow the above shall preclude compensation except with CO approval. The USG will not pay/compensate the Contractor where services are ordered and service/work is not being performed.

4.11.2 Guaranteed time.