Attachment 1 PWS Qatar Final.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

COUNTRY OF QATAR

Stevedoring and Related Terminal Services (S&RTS)

Performance Work Statement

For

Military Operations Terminal 831st Transportation Battalion Qatar

24 March 2020

Stevedoring & Related Terminal 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 7

4.0 General Contract Administration 14

5.0 Contractor General Requirements 29

6.0 Terminal Specific Requirements 43

Contract Performance Requirements Summary (PRS) Table 61 Appendix A Regulations, Publications, & Forms 68 Appendix B Glossary of Terms 72 Appendix C Payment Instructions 85 Appendix D List of Acronyms & Abbreviations 89 Appendix E Foreign Entity Vetting 92

Section 1

1. BACKGROUND AND SCOPE

1.1 Background. Surface Deployment and Distribution Command (SDDC), headquartered at Scott Air Force Base (SAFB), IL, is a operational-level U.S. Army Command designed by the Secretary of the Army as the Army Service Component Command (ASCC) of the U.S.

Transportation Command. Since its establishment in 1965, MSDDC has played a vital role in our nation’s defense by providing support to every war, major contingency, training exercise and/or humanitarian relief operation where United States (U.S.) military forces have been deployed.

1.2 Scope. Provide Stevedoring and Related Terminal Services (S&RTS) in connection to the import and export of Department of Defence (DOD) sponsored cargo. This Performance Work Statement (PWS) will cover the U.S. Governments’ (USG) requirements for contracting stevedoring services, where the contractor will be responsible for all stevedoring activities for each designated port(s) named in this PWS. Stevedore services shall include but are not limited to working in a high op-tempo, fast paced environment, simultaneously loading or discharging military cargo to/from multiple vessels, working multiple decks, staging cargo, managing call forward lots/yards, prepping cargo for onward movement for reception and depositing cargo on multiple types of surface modes of transportation, as well as warehousing, stuffing and unstuffing containers and flat-racks, and tally, checking, and documentation of all cargo as directed by the Contracting Officer (CO) or their appointed Contracting Officer’s Representative (COR), or Alternate Contracting Officer Representative (ACOR) and/or ordered by the Ordering Officer (OO).

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

**Note Subsequent references to the Contractor throughout the PWS will assume also its subcontractor or employees as well, unless otherwise specified.

1.2.1 The Contractor shall provide sufficient amounts of skilled drivers, mechanics, equipment operators, stevedores, crane operators, management and supervision, as well as all Material Handling Equipment (MHE), gear, materials, and supplies to satisfy the full scope of stevedoring required for this contract. The contractor shall also make every effort to rectify any shortfalls from the above, for which the Government will compensate the Contractor by applicable commodity or man-hour rates established in the Schedule of Rates (SOR).

1.2.2 The Contractor must obtain required written approval from the COR for all stevedoring or other terminal services provided by the contractor, for which the Ordering Officer (OO) shall issue a task order number and ordering template. The Contractor will assume all risk or expenses for any work performed without written authorization from the COR/OO.

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 contract 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.

Designated personnel assigned to this contract will require access to Non-Secure Internet Protocol Router Network (NIPRNet) applications and UNCLASSIFIED government systems, shall will be authorized an Alternative Smart Card Logon (ASCL) token, however they will not be authorized to obtain a Common Access Card (CAC).

2.2.1 Personnel working IAW this PWS who do not require Information Assurance (IA) administrative privileges/system monitoring capability but do require access to Non-Secure Internet Protocol Router Network (NIPRNET) applications, must successfully complete a National Agency Check with Inquiries (NACI). Favorable NACI investigation results must be posted in the Joint Personnel Adjudication System (JPAS) before a contractor is allowed access to the NIPRNET. Common Access Cards (CACs) will not be issued to non-US Citizens.

2.2.2 Once the contract is awarded, all names of the contractor employees needing a NIPRnet TOKEN will be submitted to the 831st Qatar Detachment for vetting through the 595th Transportation Brigade (595th Trans BDE) S-2 to ensure investigative and clearance requirements have been obtained before the start date of the contract. A SF85P will be required for a NIPR TOKEN. The SF85P must be filled out with two copies; 1 digital and 1 printed with a wet ink signature, below is the link to the SF85P. (https://www.opm.gov/forms/standard-forms/)

2.2.3 All personnel requiring access to Al Udied Air Base must provide a full color copy of their passport, front and back copy of their Qatar Residency card, front and back copies of their driver’s license, provide their vehicle registration front and back, vehicle insurance, and fill out a security questionnaire. Only US citizens are allowed to bring cell phones with cameras on the installation. The following information is required to bring a cell phone onto the base; phone model/type, cell phone number, SIM Card number, passport information, nationality, and technical data about the cellphone with pictures of the phone.

2.2.4 These steps will be completed prior to the Contracting Officer’s Representative (COR) / Trusted Agent (TA) submission of contractor employees’ names for the NIPR Tokens in the DoD Trusted Associate Sponsorship System (TASS). If a contractor’s employee does not have the appropriate investigative and/or favorable NACI investigation, the contractor’s employee will be denied the ability to work in support of this PWS and will not be loaded into the TASS.

Contractor employees who pass the appropriate investigative requirements will be loaded in TASS; however, the expiration date on their NIPR TOKEN will only be for the duration of the initial contract period of performance. Upon approval of each option period, a new NIPR Token will be issued with a new expiration date tied to the end of the specific option period only.

2.3 Ground Rules and Constraints.

2.3.1 Personnel Screening. The Contractor shall screen all employees to ensure they do not have criminal records from the country of Qatar, United States, and/or for third country foreign nationals, 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 U.S. or the Host Nation. The Contractor shall not employ any person under this contract who is simultaneously an employee of the USG.

2.3.2 Screening. Screening shall complement applicable badging processes and enhance force protection measures through document examination; verification; and biographical and security interviews. Refusal of screening shall result in denial of applicant’s access for any area for purposes of this contract. 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 denial of an applicant’s access to areas or USG equipment.

Applicants who have been denied access due to derogatory information may file an appeal to the Procuring Contracting Officer (PCO) for review.

2.3.3 Persons Excluded from the Premises. The Contractor shall not allow a person that has been banned by any authority from the premises to have access to terminal facilities, DoD installations, equipment, or supplies or material related to Government operations.

2.3.4 Persons with Restricted Duties. The Contractor shall not allow a person restricted by any authority from certain equipment or areas to operate equipment or enter those areas.

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

2.3.6 The Contractor is responsible for complying with requirements and changes 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. The Contractor is responsible for all fees associated with gaining access to required facilities.

2.3.7 Upon termination or completion of this contract, the Contractor’s employees 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 the 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 contractor employees 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) and is considered Controlled Unclassified Information (CUI). 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 to be released to the public. The Contractors personnel shall protect privacy, sensitive information, and “FOUO” or CUI data for duration of the performance of this contract.

All such data will be returned to the government and all copies destroyed upon completion of performance of this contract. Contractor personnel assigned to the contract must complete annual OPSEC training, as designated by the CO or COR at the Contractor’s expense.

2.3.9.1 Photography of military equipment and installations: Taking of photos or posting of images of any DoD equipment or installation and posting of such images in the media, including social media, shall not occur unless first approved by the contracting officer who will coordinate as with USTRANSCOM, the Geographic Combatant Command and affected unit as appropriate.

2.3.10 Threat-related incidents. Persons employed by the prime contractor as well as subcontractors will report threat-related incidents, behavioral indicators, and other matters of counterintelligence (CI) interest specified in AR 381-12, Threat Awareness and Reporting Program, Chapter 3, to the facility security officer, the nearest military CI Office, the Federal Bureau of Investigation, or the Defense Counterintelligence and Security Agency. The Contractor personnel assigned to the contract must complete annual Threat Awareness and Reporting Program (TARP) training as designated by the CO or COR at the Contractor’s expense.

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 Base access. The Contractor’s employees, to include sub-contractors, will comply with base and control procedures. Personnel who 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 denied personnel.

2.3.13 Vehicle and Driver Identification. The Contractor shall obtain installation/port access clearance for any vehicles and driver used in performance of this contract. The Contractor will submit no later than 10 days upon award of the contract to the COR, a comprehensive list of vehicles/drivers will be updated throughout the duration of this contract in order to obtain/maintain base/port access clearance. The list shall identify vehicle type, license plate, and owner/ company name. All documents provided to the COR must be color copies. Personally Owned Vehicles (POV) shall not be authorized entry unless identified as official vehicles critical to the success of the mission. When submission of a new vehicle is necessary, only substitutions are acceptable to maintain a reasonable number of cleared vehicles authorized entry.

2.3.14 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 is required to complete annual antiterrorism/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.

Department of Defense (DOD):

DoD Instruction (DoDI) 2000.12, DOD Antiterrorism (AT) Program DoDI O-2000.16, Volume 1, DOD Antiterrorism (AT) Program Implementation, DoD AT Standards DoD Manual (DoDM) 5200.01, Volumes 1-4, DODM Information Security Program DoDM 5200.02, Procedures for the DOD Personnel Security Program (PSP) DoD 5200.08-R, DOD Physical Security Program DoD 5220.22-M (National Industrial Security Operating Manual) DoDI 8500.01, Cybersecurity DoDI 8582.01, Security of Non-DoD Information Systems Processing Unclassified Nonpublic DoD Information

2.3.16 DOD regulations found at: https://www.esd.whs.mil/dd/

2.4 Cybersecurity. The services provided within the scope of this contract are considered “operationally critical support” as defined in DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting. In accordance with DFARS 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 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.

3. GENERAL SAFETY REQUIREMENTS

3.1 General Safety Requirements. 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).

Contractor is responsible for complying with, enforcing and monitoring applicable host nation, international, local installation, and SDDC Transportation Battalion safety and fire regulations.

COR will log any discrepancies within the defined quality performance process.

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

http://dibnet.dod.mil/

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

3.2.1.1 The local Commander may also at their discretion conduct additional safety briefings when necessary, as directed by the local Commander’s guidance, during which time the Contractors labor is placed on standby time. The Commanders safety briefing may include additional safety information as described elsewhere and any additional mission information.

Compensation for stand-by time shall be at established rates in Schedules 2 of the SOR.

3.2.2 Safe working load. The Contractor shall adhere to local authority, and DOD standards for a safe working load for cargo handling gear, Material Handling Equipment (MHE) and ship’s gear. The Contractor shall ensure their employees wear hard hats at all times when working in “designated hard hat areas” the Contractor shall at minimum ensure employees wear hardhats in aboard vessel(s), wharves, terminal warehouses, and open storage areas when in and around military cargo.

3.3 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 another work shift.

The unit commander, through the COR will conduct risk assessments and make the decision weather contracted labor may work beyond the requirement.

3.4 Emergency Response Plan (ERP). The Contractor shall provide a comprehensive safety and security Emergency Response Plan. The plan will clearly outline procedures for emergency Hazardous Materials (HAZMAT) cleanup, or petroleum, oils, or lubricant (POL) spills from military cargo shipments or leaking MHE (for example forklifts, tugs, and container top handlers) owned or leased by Contractor, to include mitigating damage to property and the environment. When the Contractor does not have sufficient resources of his own, the Contractor shall immediately arrange for outside emergency response personnel who specialize in spill containment and clean up. The Contractor shall pay for any such clean up resulting from the Contractor’s equipment/MHE or leaks caused by the Contractor to military cargo shipments and comply with hazardous spill procedures in the ERP.

3.4.1 Environmental Compliance Officer. The Contractor shall provide a qualified Contractor Environmental Compliance Officer (ECO) for HAZMAT handling who will assume command and control of the situation by securing the scene, providing incident command and control, evacuating personnel, stopping the release, containing spills, and decontaminating personnel. Request mutual aid from surrounding installations as required. Services defined in this paragraph are included in the commodity rates established in Schedule in the SOR.

3.4.2 Military Cargo Shipments. For military cargo shipments leaking POL or hazardous substances not caused by the Contractor, 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 (or local national equivalent) for any leakage or spillage of hazardous substances on the ground or any leakage or spillage. The Contractor shall not move any cargo leaking or spilling POL or any hazardous substances, to which the Contractor shall be responsible for cleanup at their expense.

The Government shall compensate The Contractor for cleanup of spills at established extra labor, equipment rates and materials used in the process of the clean-up.

3.4.3 Port Emergency Response Officer. The Contractor shall follow the directives provided by the Port Emergency Response Officer (or local national equivalent) 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, every 24-hours until the discrepancy is corrected.

3.4.4 Spill Contingency and Response Plan (SCRP). The Contractor shall comply with all applicable environmental laws and regulations pertaining to marine and port facilities OCONUS (host nations) to include but not limited to: A written SCRP 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) or the Host Nation equivalent. The Contractor’s 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.

3.4.5 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.

3.4.6 Secondary Containment for Hazardous Materials, Wastes and Petroleum, Oils and Lubricants (POL). At the Contractor’s expense, the Contractor shall coordinate 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.)

3.4.6.1 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.

3.4.6.2 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.

3.5 Specialized Government Equipment Operation and Familiarization. DOD contractor employees assigned to operate Government-owned or Government-leased equipment in the performance of their contract will be in compliance with the licensing requirements of the USG and applicable foreign nation motor vehicle laws and certified, by the contractor and at the contractor’s expense, as being fully qualified to operate the equipment which they are assigned.

IAW Army Regulation (AR) 600-55, The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing R, at a minimum, personnel loading or discharging military equipment will be training in:

(a) Basic hand and arm signals;

(b) Emergency stopping procedures;

(c) Start-up and shutdown procedures;

(d) Location of controls;

(e) Demonstration of vehicle blind spots; and

(f) Preventive maintenance checks and services.

The prime contractor must document all required operator qualifications and provide this documentation (commercial drivers’ license (CDL), with hazardous material endorsements) to the contracting officer prior to the contract employee engaging in equipment operation. The COR will retain this documentation. If the Government makes training available, the Contractor shall attend training The Contractor shall ensure 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.

3.5.1 New specialized vehicle models. 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 Contractor’s labor shall participate at the Contractor’s expense.

3.5.2 Operating Government vehicles. The Contractor shall ensure that personnel operating Government Vehicles possess valid civilian driver’s licenses or permits as required for operating vehicles (Host Nation equivalent). Drivers of Commercial Motor Vehicles shall have a valid Commercial Drivers’ License (or Host Nation equivalent) appropriate to the type of equipment being operated. If commercial motor vehicles are laden with Hazardous Materials (HAZMAT), to include munitions, driver’s licenses must include a HAZMAT endorsement or Host Nation equivalent.

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

3.5.3 Remedial training. The Contractor will establish a remedial training program for drivers or operators who have had driver at-fault accidents or traffic violations, misused equipment, or otherwise demonstrated a need for additional training on military vehicles or equipment. The COR may identify individuals 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.

3.5.4 The Contractor shall provide as part of this contract two (2) Points of Contact (POC) with HAZMAT certification for oversight in handling hazardous cargo IAW CFR 49, part 172.704(d) ) and International Maritime Dangerous Goods Code (IMDGE Vol. 1 and 2) for each operation and port location. The POC(s) will ensure 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 is specified in IMDGC Chapter 1.3; Training and 49CFR Part 172 Subpart H; Training, whichever is more stringent.

3.5.4.1 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 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 personnel found non-compliant, the Contractor shall remove the operator from handling this cargo and the incident reported to the COR, who shall report the incident in the monthly performance report.

3.6 Safety Briefings. The Contractor shall, as part of all commodity and extra labor operation, conduct and document safety briefings for all workers prior to all operations and at each shift change thereafter, and must brief new workers as any new labor is 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 Contractor’s 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, yard, crane, etc.), and, at a minimum must meet DOD regulatory and/or local authority guidance, and/or host nation requirements, whichever is more stringent. Safety briefings shall be conducted in both English and, as applicable, in the locally-accepted language. Safety briefing shall include the following basic information:

3.6.1 Overall General Safety Requirements.

• Work tasks being 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, 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

3.6.2 Traffic Safety

• Driver distractions (no cell phones)

• Seat belts must be used

• 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 in congested areas IAW Training Circular 3-

21.60 Visual Signals, TC 21-305-20 and TC 21-306. ()

3.6.3 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

• 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 any dropped containers/munitions

3.6.4 The Government will conduct safety briefings when necessary, and per local Commander’s guidance, during which time labor is on standby time. The Government safety briefing will include information as prescribed in paragraphs above and any other necessary terminal or Command related safety information.

3.7 Operation of Contractor’s Equipment. The Contractor must maintain and operate all Contractor owned equipment used during the course of this contract IAW applicable local port authority rules and regulations, Occupational Safety & Health Association (OSHA) standards, and SDDC safety standards.

3.7.1 Damage to cargo or injury related to use of non-compliant equipment or improper use of equipment will result in immediate safety violation, and the non-use of that Contractor equipment until the Contractor replaces the equipment or takes corrective action to repair equipment. The Contractor will replace any non-compliant equipment so there will be no delay or hindrance to operations. The Contractor must notify the COR when the equipment is made compliant, and before it is used again, any lost time due to equipment failure shall be at the contractors expense.

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

3.8.1 Preserve Critical Evidence. After an accident or serious incident occurs, the Contractor shall secure the accident location and preserve critical evidence. The Contractor shall allow USG personnel access to critical information, and any evidence, interview any contractor-employed witnesses to include equipment operators involved in the accident. Operations will not resume until cleared by the COR, SDDC Safety Officer, and local authorities.

3.8.2 Reportable Accident. In all instances where a reportable accident (that meets the minimum criteria IAW AR 385-10 & DA PAM 385-40 for ground Class A–D accidents) or incident occurs, the Contractor shall submit a preliminary accident investigation report to the COR and SDDC Safety Officer within 24 hours. A full accident investigation report identifying all root causes and corrective actions shall be provided to the COR and HQ SDDC Safety within 30 Days. The ultimate value of repairs will be determined by the Government. The Contractor will also report all accidents or cargo damages which do not meet minimum criteria to the COR.

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

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

3.9.3 Assist investigations. The Contractor shall assist the Government during any investigation of an accident or serious incident.

3.9.4 Preserve Critical Evidence. After an accident or serious incident occurs, the Contractor shall secure the accident location and preserve critical evidence. The Contractor shall also allow Government personnel access to the location, any evidence, and any contractor-employed witnesses to include operators involved in accident. Operations will not resume until cleared by the COR, SDDC Safety Officer and Host Nation 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 or work permit issued by the applicable Port Authorities for the Host Nation as evidence to work at all named ports within this PWS (see geographic info section 6.1) The Contractor/Subcontractors shall maintain licensing for the duration of this contract and must provide copies (prime or subcontractors) to the CO for record.

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

4.1.2 Port Tariffs. The Contractor shall submit copies to the Government all port tariffs. The Contractor shall also furnish up-dated information about specific changes to local work rules, and port Tariffs that affect cargo operations IAW the performance of this PWS.

4.1.3 Contract Manager and Alternates. The Contractor shall provide a contract manager(s) and at least two (2) alternates who shall be responsible for the performance of the work. The Contractor shall provide telephone numbers for the contract manager(s) and alternates where they may be contacted during and after duty hours. The contract manager(s) shall demonstrate in their resume 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 the port handling business. The contract manager(s) and alternates must be able to 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 performance of this contract, the Contractor will work simultaneous cargo handling operations, at multiple work sites, 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(s) 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 contract manager and their alternate(s) shall not be removed or replaced without informing the CO.

4.2 Ordering Services. All stevedoring services performed will be ordered under Task Order (TO). The TO template will be issued to the Contractor and IAW the clause of this contract.

4.2.1 Service, Start times and Task Orders. All services shall be identified by the COR and conveyed to an appointed Ordering Officer (OO). The OO will develop an initial commodity, man-hours, or miscellaneous cost estimate identifying all services agreed upon between the COR and the Contractor as soon as practical and prior to the start date & time for each day S&RTS services are 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 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.

4.2.2.1 The Contractor and COR, shall after each operation, reconcile and review all services ordered and all completed and signed (digital or wet signature) supporting documentation (SDDC forms MT 288, 290, tally sheets, time sheets, and Service Authorization Form (SAF)).

The OO will finalize each TO with the COR, accounting for actual Contractor performance within 7 days. The OO will submit a final amended task order the Contractor for invoicing. The Contractor shall submit an invoice for payment to the COR for certification and submit the invoice for processing.

4.3 Miscellaneous Out-of-Pocket (OOP) Reimbursable 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 for which there are no specific unit prices identified in the SOR.

4.3.1 Reimbursable Purchases/Procurement. Port or terminal Life Support Activities (LSA), to include, but not limited to, personnel transportation, billeting, messing, mobile shower, and mobile laundry may be required. Such services will only be required by exception and after the contractor has been advanced notification by the CO which will be only in direct support of extended work required by and for Government personnel. Compensation for 3PL services shall be a cost reimbursable expense.

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

4.3.3 OOP expenses do not include expenses inherent to performing stevedoring and related 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. Allowable OOP expenses shall include additional administrative fees (example: delivery charges or surcharges). Compensation shall be set forth in Schedule 8 of the SOR.

4.3.4 Government property means all property owned or leased by the Government.

Government property includes both Government-furnished and Contractor-acquired property.

Government property includes material, equipment, special tooling, special test and real property. 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.

4.4 USG Training and Contingency Operations. The Government reserves the right to conduct training or contingency port operations for Department of Defense (DOD) personnel.

During these scheduled or 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 the operation thereof. Unless services are otherwise ordered, the contractor shall not receive any compensation for cargo handling operations conducted by the DOD during these training or contingency operation events, however compensation for Contractor provided equipment, staging or other facility support shall be paid at established rates in the SOR.

4.4.1 The Government will inform the Contractor when such training or contingency operations are scheduled or as soon as known, but no later than (NLT) 24 hours prior to the event. The Government will inform the Contractor in the event of any cancellation(s) no less than eight (8) hours prior to the mission start time with no cost to the Government. During these training or contingency special operations events, the Government may request to the Contractor to provide in part or normal S&RTS services, as determined by the COR and then ordered by the OO. The Government shall compensate the Contractor for labor and equipment at man-hour and equipment rental rates established in the Schedules 2 and 4 of the SOR.

4.4.2 In addition to the above, 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 by the COR. 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 as established in the SOR.

4.5 Commodity Operations. The Government cargo is defined into four general commodity categories: containers, vehicles, aircraft, and breakbulk. Each category can be further classified 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 Measurement Ton (MTON)

• Commodity 25/45 - Containers 20’and 40’in length or multiple knuckled containers configured into Twenty Foot Units (TEUs), shall be priced in Measurement Ton

(MTON).

• Commodity 35 - Aircraft shall price in each (EA).

• Commodity 40 - Breakbulk items shall be priced in Measurement Ton (MTON)

• Commodity 44 - Containers less than twenty foot in length shall be priced in

Measurement Ton (MTON), (i.e. ISUs, Bicons, Tricons, Quadcons)

• Commodity 47 - Household Goods shall be priced in Measurement Ton (MTON) (crates, boxes, pallets)

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

• Commodity 60, 61, and 67 – Vehicles and trailers classified by weight, shall be priced in each (EA) or (by the piece (Pc.))

4.5.1 Commodity Rates. Commodity rates are inclusive of all planning activities, labor, equipment, MHE, and documentation associated to handling the movement of US Government cargo. Labor for commodity rates are based on work performed during normal workday scheduled hours Sunday through Thursday.

4.5.2 Pricing. For this contract, the Government method of pricing is by the individual piece by EACH (EA) or by Measurement Ton (MTON), and its method of move (a, b, c, d & e), containers in the commodity code 25, 44 and 45 (a, b, c, and d), commodity code 60, 61, & 67 (a, b, c, d, & e) for wheeled and tracked vehicles based on their weight, and commodity code 35 for aircraft (a, b, c, ), pricing for breakbulk, on other cargo not specified above, is by Measurement Ton (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 MTONs. This would look like 240” x 96” x 96” = 2,211,840 square inches÷(divided by) 1728” (square inches in cubic foot) ÷ 40 Cubic foot = 32 MTONs.

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 schedule in the SOR. If the COR determines it’s necessary to establish additional commodity rates, the COR will advise the CO for a SOR modification for the remaining period of the contract.

4.6 TABLE 1— Cargo Handling (Service) Operations

**NOTE: The Government defines the following cargo handling operations into 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, in a designated stow location, this includes but not limited to driving, towing, or draying the cargo aboard the vessel, 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 (MAFIs) to its 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.

4.7 Minimum Time, Standby Time, and Detention

4.7.1 Minimum time (also called guaranteed time) is defined as minimum work guaranteed a bargaining agreement (BA), if applicable. The Government shall pay minimum time (hourly based 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 the actual time worked based on minimum work guarantee according applicable port tariff. For example: if the minimum work time is two (2) hours but the commodity operation last only one hours, the Government will pay one hour of minimum work time using the hourly base rate per class of labor.

4.7.1.1 The Government will not pay minimum time to the Contractor where local BAs do not exist.