Attachment 1 - PWS La Rochelle_France.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

PORT ATLANTIQUE, LA ROCHELLE, FRANCE

Stevedoring and Related Terminal Services (S&RTS)

Performance Work Statement

(Limited Duration)

For Port Atlantique, La Rochelle, France

838th 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 12

5.0 General Contractor Requirements 26

6.0 Terminal Specific Requirements 42

Contract Performance Requirements Summary (PRS) Table 59 Appendix A Regulations, Publications, & Forms 65 Appendix B Glossary of Terms 69 Appendix C Payment Instructions 82 Appendix D List of Acronyms & Abbreviations 86 Appendix E Foreign Entity Vetting 88

Section 1

1. BACKGROUND AND SCOPE

1.1 Background. Military Surface Deployment and Distribution Command (SDDC), headquartered at Scott AFB, IL is the United States, Army Service Component Command (or Transportation Component Command for the United States Transportation Command (USTRANSCOM). Since its establishment in 1965, SDDC has played a vital role in our nation’s defense by providing support to every war, major contingency, training exercise and humanitarian relief operation where our military forces have been deployed.

1.2 Scope. To provide Stevedoring and Related Terminal Services (S&RTS) in connection with the import and export of Defense Transportation System (DTS) sponsored cargo. This Performance Work Statement (PWS) will cover the full spectrum of handling surface moving cargo to include vessel loading, cargo receipt and disposition, cargo staging, transfer of cargo, tallying and checking, receipt, disposition, warehousing, storage and processing cargo for simultaneous shipments via multiple surface modes of transportation as designated by the Contracting Officer (CO) or their appointed Contracting Officer’s Representative (COR), Alternate Contracting Officer Representative (ACOR) and Ordering Officer’s (OO).

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

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

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

1.2.3 Upon the award of this contract, all work shall be performed IAW “best commercial practices”.

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

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 contact are further defined in Section 6.0 –Port - Terminal Specific Requirements (security).

2.2 The overall classification of work associated with this contract is UNCLASSIFIED.

Personnel assigned to this contract will not require access to Non-Secure Internet Protocol Router Network (NIPRNet) applications or UNCLASSIFIED government systems and are therefore not authorized to obtain a Common Access Card (CAC) or Alternative Smart Card Logon (ASCL) tokens.

2.3 Ground Rules and Constraints.

2.3.1 Personnel Screening. The Contractor shall screen all employees to ensure they do not have felony or violent 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 Contracting Officer for review.

2.3.2.1 List of Contractor Personnel. Prior to commencing contract performance, the Contractor shall provide a list of names of all employees and sub-contractors who will work under this contract to the COR. The Contractor shall keep this list accurate and report changes within 48 hours of occurrence or prior to a new employee performing services under this contract. This list shall contain names and addresses, a copy of identification documents or driver’s license, any criminal records, and a copy of employment card or equivalent for each employee.

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 RESERVED.

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

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 E 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 Port and Military Installation Access. The Contractors employees to include sub-contractors will comply with port access and control procedures, personnel that have not been cleared for entry to secured working area/s will be denied entry, and the Government shall not be liable for wages of such denied personnel. Contractor personnel performing IAW this PWS shall display identification badges at all times at the port and military installations. The Contractor may experience delays getting commercial vehicles on military installations, so allow sufficient time for commercial vehicles to reach their destination. The Contractor shall obey posted speed limits while operating vehicles on military installations or Host Nation ports. Commercial vehicle access is subject to change without prior notification.

2.3.12.1 The Contractor shall furnish each of his personnel performing work at ports in La Rochelle, France with an identification badge that shall include, at minimum, the person’s name and the name of the Contractor. Each Contractor employee shall wear the badge chest high and the badge must be visible at all times. Upon completion of performance of services IAW this PWS, the Contractor shall surrender all government-issued identification cards, supplies, materials, and equipment related to this contract to the COR.

2.3.13 Vehicle Identification. The Contractor shall obtain installation/port access clearance for any vehicles used in performance of this contract. The Contractor will submit a comprehensive list of vehicles required during 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 in and around Government equipment entry unless the CO or COR identifies the POV 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.

2.3.14 Security Regulation & Compliance. The Contractor will be required to comply with all security regulations and directives as identified herein, and other security requirements located in this contract. The contractor shall not divulge any financial, planning, programming, or budgeting information without the express consent of the Government as outlined in Operational Security (OPSEC) and Information Security regulations. Management personnel assigned to the contract are required to complete annual anti-terrorism/force protection and threat awareness and reporting program training, as designed by the CO or COR, attendance shall be at the Contractors expense.

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

Department of Defense (DOD):

2000.12 (DOD Antiterrorism (AT) Program)

2000.16 (DOD Antiterrorism (AT) Standards)

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

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

8500.1 (DODI Cyber Security)

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

2.5 Handling of Non-Public Information. In performance of this contract, the contractor may have access to DOD information. The contractor agrees:

(a) To use and protect such information from unauthorized disclosure IAW DOD Instruction 8582.01: Security of Unclassified DoD Information on Non-DoD Information Systems;

(b) To use and disclose such information only for the purpose of performing this contract and to not use of disclose such information for any personal or commercial purpose;

(c) To comply with other current Federal and DoD information protection and reporting requirements for specified categories of information (e.g., medical, proprietary, critical program information, export controlled);

(d) To obtain permission of the Government Program Manager before disclosing/discussing such information with a third party

3. GENERAL SAFETY REQUIREMENTS

https://www.esd.whs.mil/dd/ http://dibnet.dod.mil/

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 are further defined in Section 6.0 –Port - Terminal Specific Requirements (safety).

3.2 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 violation, 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.

3.2.2 Government safety Briefings. The Government may conduct additional safety briefings when necessary, directed by the local Commander’s guidance, during which time the Contractors labor is placed on standby time. The Government safety briefing will include information as prescribed in the PWS and any other necessary terminal or Command related safety information.

Compensation shall be set forth in Schedules 3C of the SOR.

3.3 Safe Working Load. The Contractor shall adhere to local authority, and DOD standards for “safe working load” for all Material Handling Equipment (MHE), to include all cranes (shore or ship), the contractor shall adhere to safety requirements when lifting cargo.

3.3.1 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 Shift Change. The Contractor shall provide fresh labor at the beginning of each shift who shall have at least eight (8) hours of rest between shifts before starting other work. Exceptions to the above shall be at the unit Commanders discretion, and decision weather contracted labor may work beyond this requirement, based on Safety Officer Risk Assessments to the Government and mission time restraints.

3.5 Emergency Response Plan. The Contractor shall provide a comprehensive safety and security “Emergency Response Plan (ERP)” prior to start of first vessel operation to COR and CO. The plan will clearly outline procedures for emergency HAZMAT cleanup, or POL spills from military cargo shipments, or leaking Material Handling Equipment (MHE) (for example forklifts, tugs, and container top handlers) owned or leased by the Contractor, to include mitigating damage to property or the environment. When the Contractor does not have sufficient resources of its own, the Contractor shall immediately arrange, at Contractor’s expense, 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 or leaks caused by the Contractor by damage to military cargo shipments and must comply with hazardous spill procedures in the Emergency Response Plan.

3.5.1 Environmental Compliance Officer. The Contractor shall provide a qualified Contractor employee, at its expense, who shall be the Environmental Compliance Officer (ECO) for HAZMAT handling. This employee shall Hazmat certified and trained to assume command and control over environmental situation(s) by securing the scene/area, providing incident command and control, evacuating personnel, stopping the release, containing spills, decontaminating personnel, and requesting mutual aid from emergency services as required. Services defined in this paragraph are included in the commodity rates established in the Schedules in the SOR.

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

However, the contractor shall attempt to contain the leak and clean up the spill. The Contractor shall report immediately to the COR and Port Emergency Response Officer for any leakage or spillage of hazardous substances on the ground or any leakage or spillage. If the Contractor moves any military cargo leaking POL or hazardous substances not caused by the contract prior to notifying the COR or Port Emergency Response Officer, the Contractor shall be responsible for the costs of the additional cleanup. The Government shall compensate the contractor for cleanup of spills at established extra labor, equipment rates and materials used in the process of the cleanup.

3.5.3 Port Emergency Response 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.

3.5.5 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.

3.5.6 Secondary Containment for Hazardous Materials, Wastes and Petroleum, Oils and Lubricants (POL). At the contractor’s expense, the Contractor shall provide containment devices of various sizes if required for temporary and permanent storage facilities that retain POL substances, hazardous materials and hazardous wastes (i.e. - new and used – oils, fuels, lubricants, solvents, batteries, acids, paints, antifreeze, etc.).

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

3.5.6.2 In the event hazardous materials are required to be stored at the port where S&RTS contract services are being provided, the Contractor coordinates the use of storage cabinets with current inventory sheet and Material Safety Data Sheet (MSDS) provided to the Port Safety Officer.

3.6 Specialized Government Equipment Operation and Familiarization. The Government at its discretion may hold and the Contractor shall attend operational & familiarization events per (AR 600-55, para. 6-4 a thru f). The local commanders shall ensure those designated as operators by the contractor shall attend operational & familiarization events on “how to start up and shut down certain vehicle procedures” due to the technology advances in types of engines, electrical systems, and other internal systems for specialized Government vehicles. The Contractor shall coordinate with its personnel to attend these Government provided events so that sufficient pools of vehicle operators are available to operate Government vehicles within confines of the port (29 CFR 1917) as required. Specialized Government vehicles may include, but are not limited to, all classes of Trucks, Stryker vehicles, Heavy Equipment Transporters (HETS), Mine Resistant Ambush Protective (MRAP) vehicles and Armored Tracked vehicles.

Compensation shall be at established man-hour rates in Schedule 2 of the SOR.

3.6.1 At times, the Government may have field service representatives or vendor training onsite for new vehicle modeled equipment. The Government shall identify and provide vehicle specific training requirements for the Contractor’s employees to attend. The COR will coordinate the training events with the Contractor to ensure maximum participation. The Compensation shall be at established man-hour rates in Schedule 2 of the SOR.

3.6.2 Operating Government vehicles. The Contractor shall ensure that its personnel operating Government Vehicles possess valid civilian driver’s licenses or permits as required for operating military vehicles on and off the port.

3.6.2.1 Commercial Truck Drivers. The Contractor shall ensure that drivers of commercial motor vehicles shall have a valid Commercial Driver’s License appropriate to the type of equipment being operated when picking up military cargo. Commercial motor vehicles laden with Hazardous Materials (HAZMAT), to include Ammunitions Arms and Explosives (AA&E), the contractor shall ensure commercial truck driver’s license shall have the appropriate HAZMAT endorsement before releasing cargo.

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

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

3.6.4 The Contractor shall provide as part of this contract two (2) POCs with HAZMAT certification for oversight in handling hazardous cargo IAW 49 CFR Part 172.704 for each operation and port location when handling HAZMAT cargo. The POC will ensure that their employees comply with DFARS 252.223-7002, SAFETY PRECAUTIONS FOR

AMMUNITION AND EXPLOSIVES; DOD 4145.26-M, DOD CONTRACTORS SAFETY

MANUAL FOR AMMUNITION AND EXPLOSIVES; and DOD 6055.9-STD, DOD AMMUNITION AND EXPLOSIVES SAFETY STANDARDS; in handling ammunition and explosives. 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 49 CFR Part 172 Subpart H; Training.

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

The list shall include a statement from the Contractor verifying that individuals performing these driving functions comply with All Army Activities (ALARACT) Message 069-2014 and AR 600-55. The Government reserves the right to stop Contractor personnel at any time to verify their qualifications against the approved list of personnel scheduled to perform these functions.

Any person found non-compliant, the Contractor shall remove from handling cargo and the incident reported to the COR, who shall report the incident in the monthly performance report.

3.7 Safety Briefings. The Contractor shall, as part of all commodity and extra labor operations, 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:

3.7.1 Overall General Safety Requirements

• Work tasks performed

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

• Injury and property damage reporting procedures

• Required PPE for personnel on the terminal

• Designated smoking areas

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

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

(PFDs)

• Weather/temperature conditions

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

• Walking/Tripping Hazards

• Pedestrian and traffic movement

• Gangway & Ramp Safety

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

3.7.2 Traffic Safety

• Driver distractions (no cell phones)

• Mandatory seat 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)

• Rail crossings (if applicable)

3.7.3 Task or Terminal-Specific (as applicable)

• Terminal and yard configurations, distinctive characteristics

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

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

• Vessel safety (ramps guards, ramp traffic)

• Ladder Safety

• Use of fall protection

• Safe lifting and lashing procedures

• Unusual loads

• Net Explosives Weight (NEW) Limits

• Evacuation distances and rally points

• Fire-Fighting Guidance

• First Aid (process/locations)

• Report all dropped containers/munitions

3.8 Government Safety Briefing. The Government will conduct safety briefings when necessary, and per local Commander’s guidance, during which time labor is on standby time (Schedule 3C). The Government safety briefing will include information as prescribed in paragraph 3.7 above and any other necessary terminal or Command related safety information.

3.9 Operation of Contractor equipment. The Contractor must maintain and operate all Contractor equipment used during operations IAW applicable French local authority, laws and DoD regulations, Army, port, and terminal regulations, directives, instructions and pamphlets, whichever are more stringent. Cargo damage or injury related to use of non-compliant or improper equipment use will result in immediate non-use of 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.

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

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

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

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

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

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

4. GENERAL CONTRACT ADMINISTRATION

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

4.1.1 Port Licensing and Permits. The Prime Contractor or its named Subcontractor shall possess a valid and current Business License (BL) or work permit issued by the applicable Port Authorities by the Host Nation (OCONUS) as evidence they can legally work 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 and requirements of this contract. The Contractor shall include a clause in each applicable subcontract to require subcontractor's cooperation and assistance in accident reporting and investigation.

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

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

4.1.2.1 The Government shall take responsibility for all tariff charges or port fees generated throughout the course of this contract.

4.1.3 The Contractor shall provide a contract manager(s) and at least two (2) alternates responsible for the work performance. The Contractor shall provide telephone numbers for each of the contract manager(s) and their alternates for contact during and after duty hours. The contract manager(s) shall have, as a minimum, five (5) years demonstrated experience in directing and managing port handling operations. Their alternates shall have, as a minimum, three (3) years demonstrated managerial experience in port handling. The contract manager(s) and alternates must read, write, speak, and understand English fluently.

4.1.4 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.

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

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

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

4.2 Ordering Services. All stevedoring or terminal services performed will be ordered under TO number. IAW TRANSFARS 5501.602-2-1, the CO will appoint an Ordering Officer (OO), who is a U.S. Government employee, and who will issue a TO service template to the contractor IAW the clauses of this contract.

4.2.1 All services shall be identified by the COR and conveyed to an appointed 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 S&RTS services ordered. The TO will incorporate terminal services and vessel work separately. Terminal services will be calculated by the documented week (Doc-Week, Sunday – Saturday). Vessel work will be per vessel. Any work performed without an issued TO will be at the expense of the Contractor.

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

4.2.3 The Contractor shall after each operation reconcile all services ordered with the COR and review all completed and signed (digital or wet signature by both the COR and Contractor) supporting documentation (SDDC forms MT 288, 290, log book, tally sheets, and time sheets).

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 their invoicing. The Contractor shall submit an invoice for payment to the COR for their certification and will submit the invoice for processing.

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

4.3.1 OOP Expenses must be substantiated by the Contractor by submitting the paid vendor invoice or receipt to COR/OO. OOP expenses will be ordered and reimbursed only for mission related services and materials identified by the COR/OO and ordered on the TO template.

4.3.1.1 OOP expenses do not include expenses inherent to performing Terminal Services. OOP expenses are for the purpose of purchasing new supplies or non-durable goods. The Contractor shall obtain written approval from the CO or COR for each item requested. All such materials or supplies shall become Government property and the Contractor shall recover all serviceable materials and supplies from each operation for re-use in subsequent ordered operations when possible. The Contractor shall gain prior written approval before the purchase of additional materials from the CO for OOP expenses exceeding the threshold of $3,500 per individual item.

Additionally, administrative fees (e.g.; delivery charges or taxes) are allowable OOP expenses and compensation shall be set forth in Schedules 8 of the SOR.

4.3.2 Government owned is defined as either materials purchased by the Government for use in support of this contract or materials purchased by the Contractor for use. All material purchases shall be approved as an OOP expense by the COR for Government use and for which the Contractor presents to the OO valid vendor receipts for reimbursement.

4.3.3 3rd Party logistics (3PL). The Contractor shall supplement Terminal Services with 3rd party services when outside commercial licensed or certified services are needed, examples 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 Government shall reimburse the Contractor for actual cost as an OOP (vender invoice or receipts required), and for any transportation expenses associated with furnishing ordered materials, equipment, supplies, and 3PL services.

4.3.3.1 Extenuating Circumstances required 3PL service. Special 3PL supplies or services may be required or requested by the USG these 3PL’s may include but not limited to: Life Support Activities (LSA) for, personnel transportation, billeting, catering meals, mobile shower, and mobile laundry. The contractor shall source these services and advise the Government to expected cost estimates. When these extenuating types of service are needed, it will be only on exception, it will be through advanced notification and approval by the CO which will be only in direct support of extended work environments required by and for Government personnel. The USG will compensate the contractor for 3PL supplies or services to include administrative cost at actual cost as an OOP expense.

4.3.3.2 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.

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 any compensation for cargo handling operations conducted by the DOD during these scheduled training or contingency events, however compensation for Contractor provided 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 S&RTS services, as determined by the COR then ordered by the 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.

4.4.2 In addition to the above, the Government reserves the right to use skilled military drivers to operate, load, and discharge specialized, unique military vehicles and equipment at any time when determined it is the best interest of the Government. When military drivers are utilized the Contractor shall provide other designated support labor and equipment for all other stevedore related work (i.e. lashing, unlashing, or towing cargo) associated to that military operated cargo.

The Government shall compensate the Contractor at the lashing or unlashing commodity rate(s) for only those pieces of cargo operated by military drivers. Commodity rates shall apply for all other cargo handled by the Contractor.

4.5 Commodity Operations. Government cargo is divided into four general commodity categories: containers, vehicles, aircraft, and breakbulk. Each category shall be further classified by weight, and method of handling and priced as follows. Please refer to appendix B of the Glossary.

• Commodity 20 – Explosives and Hazardous commodities packed in pallets, crates, boxes (includes gases, or radioactive), shall be priced in MTON’s

• Commodity 25/45 - Containers 20’and 40’in length or multiple knuckled containers configured into Twenty Foot Units (TEU’s), shall be priced as each (EA).

• 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 47 - Household Goods shall be priced in MTON’s (crates, boxes, pallets)

• Commodity 50 – Refrigerated, chill/freeze priced in MTON’s (crates, boxes, pallets)

• 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 are inclusive of all planning activities, labor, gear, MHE, materials, scanning, documentation, and inspections associated to handling the movement of USG cargo. Labor for commodity rates shall be based on work performed during normal work day scheduled hours Monday through Friday.

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

• Containers (TEU’s, 20’, 40’) in commodity code 25 & 45 (a, b, & c) EA.

• Containers (less than TEU’s) in commodity code 44 (a, b, & c) EA.

• Wheeled & tracked vehicles based on their weight, commodity codes 60, 61, & 67 combination of weight and the method of move (a, b, c, d & e) EA.

• Aircraft commodity code 35 (a, b, c) EA,

• Breakbulk, or other cargo not otherwise specified above, MTON.

4.5.3 Measurement Ton Calculations. The Government shall 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 equals 32 MTON’s. This would look like 240” times 96” times 96” equals 2,211,840 square inches divided by 1728” (square inches in cubic foot) divided by 40 Cubic foot, this would equal 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) and Equipment Rental Rates (EQR) rates established by the applicable SOR Schedule. 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.

4.6 TABLE 1— Cargo Handling (Services) Operations

**NOTE: The Government refers to the following cargo handling (services) the table does not define each service as separate billable item(s). Example: Schedule 1A1 - Loading Vessel, loading cargo on a vessel will inherently include moving cargo from its place of rest (regardless of method) and stowing it aboard the vessel, at designated stow location, this includes but not limited to driving, towing, or draying the cargo aboard the vessel, lashing/securing/tie-down, lashing inspections, documentation, checking, tally, debris removal, housekeeping, and reconciling the operation with the COR.

Services Description

Loading The act of moving cargo from its final place of rest to a conveyance (vessel, truck, or rail)

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

Receipt The act of documenting cargo arriving into the port, by (truck, rail, vessel or convoy).

Disposition The act of documenting the onward movement of cargo from the port or terminal to its final destination.

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 cargo inside a container, or onto flat-racks from its final place of rest

Unstuffing The act of unloading cargo from a container or flat-rack to its final place of rest

Stripping The act of discharging cargo from vessel owned assets (MAFI’s) to its final place of rest.

Cross Docking The act of transferring cargo directly from one incoming conveyance to another outgoing conveyance, with little stoppage of cargo moving onward to its final destination.

Transfer The act of moving cargo from its place of rest to another place of rest within the port or between local ports

Inland Transportation Land based conveyances, used for movement of cargo into or out of the port.

Discharge Conveyance The act of moving cargo from land transport to final place of rest.

Load Conveyance The act of moving cargo from place of rest to land transport

4.7 Minimum Time, Standby Time, and Detention

4.7.1 Minimum time (Schedule 3C (also called guaranteed time)) is defined as minimum work guaranteed by CBA (if applicable). For this contract, the Government shall pay minimum time of 4 hours (hourly base rates per class of labor) to the Contractor when work fails to materialize.

During a commodity operation, the Contractor will receive in addition to the commodity rates for actual time worked, minimum work guarantees according to applicable Collective Bargaining Agreement(s).

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

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

4.8. Stand-by (S/B) Time. Stand-by (S/B) Time (also may be called “waiting time”) is defined as work stoppage, at the Government’s discretion, for causes beyond the control of the Government or the Contractor. This includes but is not limited to breakdown of ships gear, inclement weather (see Glossary), unanticipated or non-arrival of the vessel, non-readiness of the vessel, non-arrival of cargo, non-arrival of other conveyances (truck or rail). In all such cases, the Contractor’s time will be captured by the COR on the SDDC form MT 288 as stand-by time (S/B). The COR will negate the cause and/or direct the Contractor to stand-by. The Contractor shall be compensated for stand-by time at established extra labor base rates in Schedule 2 of the

SOR.

4.8.1 At the request of the COR and ordered by the OO, the Contractor shall provide single or multiple classes of labor at the COR/OO discretion for support of military operation, whereas the Contractors shall be compensated for each class of labor per Schedule 2 of the SOR.

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

4.8.2.1 When detention occurs during a commodity operation, the Contractor shall absorb each…