Attachment 1 - PWS_Romania.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL

SERVICES

PORT OF CONSTANTA,

ROMANIA

Military Operations Terminal

839th Transportation Battalion

Black Sea Detachment as of 4-14-2025

Stevedoring & Related Terminal Services

Performance Work Statement

TABLE OF CONTENTS

Section Topic Page

1.0 Background & Scope 2

2.0 General Security Requirements 4

3.0 General Safety Requirements 7

4.0 General Contract Administration 10

5.0 General Contractor Requirements 28

6.0 Terminal Specific Requirements 52

Deliverable Table 62 Contract Performance Requirements Summary (PRS) Table 69 Appendix A Regulations, Publications, & Forms 73 Appendix B Glossary of Terms 78 Appendix C Payment Instructions 91 Appendix D List of Acronyms & Abbreviations 95 Appendix E Foreign Entity Vetting 97

1. BACKGROUND AND SCOPE

1.1 Background. The Military Surface Deployment and Distribution Command (MSDDC), headquartered at Scott AFB, IL is an operational-level Army force designated by the Secretary of the Army (SECARMY) as the Army Service Component Command (ASCC) of the United States Transportation Command (USTRANSCOM) and a major subordinate command of Army Material Command (AMC). MSDDC is responsible for providing coordination worldwide for origin to destination surface traffic management support; coordinates surface and multimodal transportation contracted functions for all Department of Defense (DoD), and other U.S.

Government entities, as authorized, and designated multinational and interagency elements.

Since its establishment in 1965, MSDDC has played a vital role in our nation’s defense by providing support to the warfighter to every war, major contingency, training exercise and humanitarian relief operations where our Military forces are needed and deployed.

1.2 Scope of Service. Provide Stevedoring and Related Terminal Services (S&RTS) handling the import and export of Defense Transportation System (DTS) sponsored cargo transitioning through the Port of Constanta, Romania, located on the Western coast of the Black Sea, serves US Army and Air Force units(s) stationed in EUCOM theater, supporting NATO exercises. All tasks shall be completed per requirements stated throughout this Performance Work Statement (PWS) and in a manner consistent with “Safety, Efficiency, and US warfighters in Mind.”

1.2.1 S&RTS services will cover the full spectrum of managing US Military cargo (e.g., containers, vehicles, breakbulk, and rotary or fixed wing aircraft) transitioning through the Port of Constanta. Operational tasks shall include but not limited to “all” stevedoring and longshoring services as may be ordered to load and discharge cargo on vessels, Military and Commercial trucks, and rail, port reception and disposition, cargo management (staged, prep, and onward moved), intra port transfers, vessel prep, cargo documentation (tallying & checking), customs clearance, and warehousing/storage of dunnage & tiedown materials.

1.2.1.1 Contracted services shall include the capability to work multiple vessel(s) and vessel decks simultaneously, as well as the capability to provide S&RTS at the area seaport/terminal and in conjunction with operations at/within those ports/terminals as described in this PWS’s Area of Responsibility (AOR) 24 hours per day, seven (7) days per week, and 365 days per year (see section 6 for geographical location).

1.2.1.2 Military Cargo will consist of Military wheeled/tracked vehicles and aircraft weighing up to 150,000lbs, shipping containerized/flat racked Breakbulk cargo, all sizes and configured shipping containers (explosive and non-explosive), all classes of hazardous materials, as well as sensitive, priority, and/or other general DoD cargo being imported/exported on ocean going vessels, Common-User Land Transportation (CULT) i.e., US Army organic transportation assets, while commercial services are defined as Commercial Line Haul CLH or Commercial Rail service.

1.2.1.3 The Contractor shall provide all port services ordered (vessel and terminal operations) to include but not limited to the following: all Contractor Furnished Equipment (CFE) & Material Handling Equipment (MHE), staging space, gear, tools, materials, supplies, supervision/management, transportation, and sufficient amounts of qualified general & skilled stevedores, longshoremen, drivers, crane operators, and tallymen needed to satisfy the full scope of S&RTS required to perform the complete scope of services contemplated for this contract for which the U.S. Government (USG) will compensate the Contractor by applicable commodity rate, as designated by the Schedule of Rates (SOR).

1.2.2 All services in accordance with (IAW) this PWS shall require approval from the Contracting Officer (CO) appointed Contracting Officer’s Representative (COR) and Ordering Officer (OO). The Contractor shall obtain written approval from the COR/OO for all services (vessel/terminal operations) provided for which a Task Ordering (TO) template will be issued.

The Contractor shall assume “all expenses” for any/all work performed outside of ordered services or without a written authorization from the COR/OO issued IAW DFARS 252.201- 7000.

**NOTE: All references to the COR/OO throughout the PWS include the Alternate Contracting Officer’s Representative (ACOR) or Alternate Ordering Officer (AOO) as well, unless otherwise specified.

**NOTE: All references to “the Contractor” include their staff employees, contracted personnel, or subcontractor personnel.

2. GENERAL SECURITY REQUIREMENTS

2.1 General security requirements of the Contractor defined within this section. Additional duties and requirements specific to the particular terminals within the scope of this contract further defined in Section 6.2 - 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, 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 ensure all employees (to include any subcontractors) working with or on this contract, must meet U.S. Government and Host Nation, if Foreign National, within their home country guidelines regarding employment by screening all employees for indications of criminal, terrorism, or threat-related activity or alliances detrimental to the United States of America (USA).

2.3.1.1 The Contractor shall not employ any person under this contract associated to or convicted of any of these suspicions or offenses (listed above) or who presents any unfavorable behaviors or is simultaneously an employee of the US Government (USG). Employees or subcontracted employees refusing screening shall result in denial of applicant’s employment associated to this contract. If employment or continued employment of any Contractor employee/subcontractor is prejudicial to or presents a conflict of interest or endangers the security of the USG, the Contractor shall make the necessary change(s) to remove those employee/subcontractors from working, interacting or engaging with US personnel associated to managing this contract.

2.3.1.2 Completed Screening. Once the screening process is completed the results, will be submitted to the 839th Transportation Battalion (TB) for review/vetting through the 598th Transportation Brigade, S-2 to ensure investigative and clearance requirements were obtained before the contracted start date of the contract. Any further derogatory information found may result in access being denied. Screening will be completed prior to any badge issuance.

Screening maintains compliance with enhanced force protection measures through document examination, verification, biographical, and security interviews. Applicants denied access due to derogatory information may file an appeal to the Contracting Officer and 598th for review.

2.3.2 Persons Excluded from the Premises. The Contractor shall not allow any person(s) banned by any authority from the premises to have access to terminal facilities, equipment, or other material related to Government operations.

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

2.3.4 Port Access. The Contractor shall ensure that all Contractor personnel must adhere, at all times, to all security requirements set forth by the Constanta Port Authority (CPA) and responsible Host Nation Authorities, when gaining access to the Port of Constanta. The contractor shall be responsible for their employees to include sub-contractors will comply with access and control procedures, subject to background checks, personal and vehicle inspections. Contractor personnel not cleared, or those who refuse to comply with access/control procedures will be denied entry. The Contractor shall be responsible for its Contractor Furnished Equipment & Material Handling Equipment (CFE/MHE). The USG will not be liable for compensation to the Contractor and will hold the Contractor liable for performance delays caused due to shortages of personal or any CFE/MHE denied entry.

2.3.4.1 The Contractor shall comply with all requirements associated with the Constanta Port Authority (CPA). 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 Access Control processing requirements.

2.3.5 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 from Military operations.

This includes security deviations/incidents and credible derogatory information on contract members during the course of the contract period.

2.3.6 Operations Security (OPSEC). The Contractor shall comply with DoD Directive 5205.02, Army Regulation 530-1, and the requiring activity OPSEC program. Failure to comply with the OPSEC directives shall be identified as adequate cause for removal of a Contractor employee from performance on this contract/task order and may be considered for appropriate legal action. The Contractor shall ensure Contractor employees complete Level I OPSEC training within thirty (30) calendar days of start of employee performance on this contract and annually thereafter. The Contractor shall maintain all OPSEC training records and shall provide copies to the COR upon request.

2.3.6.1 The Contractor shall submit to the CO/COR a Point of Contact (POC) who can respond to Government activities to provide expert assistance in answering questions, exchanging information, and resolving problems including at least one primary and alternate POC available for urgent matters on 24-hour basis 7 days a week. The Contractor shall provide the name and contact information of this individual within one (1) calendar day of the contract award date.

Should there be any intervening change to this POC, the Contractor will advise the CO/COR of any changes within one (1) calendar day of any such change.

2.3.7 Threat Related Incidents. Persons employed by the Government will report threat-related incidents, behavioral indicators, and other matters of Counterintelligence (CI) interest specified in AR 381-12, Chapter 3, to the Facility Security Officer, the nearest Military CI Office, the Federal Bureau of Investigation, or the Defense Counterintelligence and Security Agency.

2.3.8 Vendor Threat Mitigation. The Contractors shall submit a semi-annual report to the CO for each first-tier foreign transportation service provider, operating as a separate legal entity, contracting directly with Contractor or its commonly owned legal affiliate, which has employees who may have physical contact with USG shipments in the ordinary course of contract performance. See Appendix E for further instructions for this requirement. Compensation for services defined in this paragraph are included in all commodity rates established in the SOR.

2.3.9 Vehicle Identification. The Contractor shall obtain port access clearance for any vehicles used in the performance of this contract. The Contractor shall submit a comprehensive list of vehicles required during the duration of this contract immediately upon award to the COR in order to obtain access clearance. The list shall identify vehicle type, license plate, and owner/ company name. Personal Owned Vehicles (POV) shall not be authorized entry in and around USG equipment unless identified as official vehicles critical to the success of the mission. When submission of a new vehicle is necessary, only substitutions are acceptable to maintain a reasonable number of cleared vehicles authorized entry.

2.3.10 Security Regulation. DoD Instructions, Manuals, and Security Regulation Guidance can be located at https://www.esd.whs.mil/dd/ under “DoD Issuances”.

2.4 Privacy Information. Contractor and COR/ACOR, must ensure all personnel information collected, maintained, used or disseminated is relevant and necessary to accomplish the Contract. Contractor will collect information to the greatest extent practical directly from and inform the individual of the reason collection of the information is required; authority for collection; who and for what purpose; whether disclosure is mandatory or voluntary; and the impact of not providing the information. Contractor and COR/ACOR will establish appropriate administrative, technical and physical safeguards, for protection of paper, documentation involved, to ensure security of records and prevent compromise or misuse during storage, transfer, or use, including transiting authorized alternative worksites. Privacy information collected must comply with host nation, DoD and Army Privacy Act regulations, whichever is more stringent.

2.5 Badges. All permanent and subcontracted personnel, hired directly or indirectly by the Contractor performing work under this contract, shall have in their possession, and displayed and worn at all times, a current Workers Identification badge issued by/for each port where SDDC cargo is being worked. The Contractor’s management shall ensure compliance with this requirement.

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

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

3. GENERAL SAFETY REQUIREMENTS

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

3.1 General Safety Requirements of the Contractor are defined within this section. According to the NATO Status of Forces Act, US law (to include Army Regulations and OSHA) and national law of the host country (host country and EU) as well as international law (IMDG) apply during the performance of the activity. The more appropriate or stricter law is to be applied so that there are no legal conflicts. Additional duties and requirements specific to the particular terminals within the scope of this contract are further defined in Section 6.3 – Safety (Additional Port Safety). FAR 52.236-13(a) and Alternate 1(f) apply.

3.2 Enforcing and Monitoring Safety. The Contractor shall comply with, enforce, and monitor applicable USG safety and fire regulations. The COR will log any discrepancies within the defined quality performance process. The Contractor shall establish and maintain an effective and comprehensive safety program. The safety program must be delivered within 5 days of award and updated annually or when changes occur in accordance with AR 385-10 and AR 385-30. The Contractor shall acquire, maintain, and require the use of safety equipment, personal protective equipment (PPE) and devices necessary to always protect all employees, Military and civilians while working Military Operation at all subject ports, i.e., terminals, railhead/spurs, commercial truck yards, and on all vessel(s) laden with military vehicle/equipment.

3.2.1 Safety Program Representative. The Contractor shall provide as part of its management staff a dedicated Safety Program Representative (SPR) and/or alternants as needed for each operation. The Contractor shall ensure the SPR is assessable and on site to observe all USG Operations contractor personnel to include sub-contractors to ensure the Contractor’s safety practices are monitored, damage/injury is investigated and make corrections when deviations or departures from safety are observed.

3.2.1.2 The COR and USG Safety Representative (including Unit Safety Officer, Battalion - and Brigade Safety Office) conduct safety inspections/assessments on Contractors Safety Program per mission, annually or when discrepancies are reported according to DA PAM 385-1 Chapter 1-6 and AR 385-10 Chapter 4. General inspections are compulsory and will be announced at least 24 hours in advance. The USG reserves the right to carry out spot checks for specific problems without announcement.

3.2.2 Accident Prevention/Safety Program. Within five (5) calendar days of contract award date, the Contractor shall provide the COR, their written plan for Accident prevention/safety program, for port/terminal operations for the Port of Constanta, per Federal Acquisition Regulations (52.236-13 Accident Prevention), and DA PAM 385-10.

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

3.2.4 Safe Working Load Lift Trucks and Cranes. The Contractor shall adhere to local authority and DoD standards for “safe working load” for all Contractor Furnished Equipment & Material Handling Equipment CFE/MHE, to include all cranes (ship or shore). The Contractor shall adhere to all safety requirements when lifting cargo. The Contractor shall ensure all CFE/MHE driver/operators are certified, and trained as per HN requirements The COR or other designated USG personnel may stop any/all driver/operators to assess if certified or trained on the equipment they are operating.

3.2.4.1 MHE. The Contractor shall provide all safety documentation for MHE being utilized prior each mission.

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

3.3 Contractor Safety Briefings. The Contractor shall, as part of all commodity and extra labor operations, conduct and document safety briefings for all workers by name prior to all vessel, terminal service/operations and at each shift change. The Contractor shall provide a mandatory safety briefing to new personnel as they are added. The Contractor shall conduct safety briefings with the presence of a MSDDC USG representative. The COR or MSDDC Safety Officer may also participate in these briefings. The job Safety/Hazard analysis should be the basis for safety brief content. See FAR 52.236 (f)(1) for guidance. Safety briefings conducted by the Contractor shall relate to the type of operation (e.g., truck, vessel, rail, yard, crane, etc.), and at a minimum, must meet local authority and/or DOD regulatory guidance or host nation requirements. The Contractor shall conduct safety briefings in English language and language understood by the labor/workers.

3.4 USG Safety Briefing. The USG, at its discretion, may conduct additional safety briefings when necessary and per local Commander’s guidance. The USG’s safety briefing may include information from above or other necessary Command-related information or additional safety concerns. Compensation (unless for safety violation) for the Contractor’s labor shall be placed on stand-by time and compensated per (Schedule 2) of the SOR. No compensations shall be made to the contractor for “safety Stop/violations.”

3.5 Reporting Accidents, Injuries and Damage

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

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

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

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

3.5.1.4 The Contractor shall report overall accident rate annually.

3.5.2 Preserve Critical Evidence. The Contractor shall secure the accident location and preserve critical evidence. The Contractor shall allow USG personnel access to the location, all evidence, and all Contractor-employee witnesses, to include operators involved in the accident.

The Contractor shall ensure that operations do not resume until cleared by the COR, MSDDC Safety Officer, and local authorities.

3.5.3 Reporting Timelines and Requirements

3.5.3.1 Within eight (8) Hours: Accident Information required from Contractor of incident if severe damage to equipment, hospitalization of employees or loss of life:

• Date and time of incident

• Location of incident

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

• Supervisor name and contact information

• List of employees involved or who witnessed the incident

• Extent of injuries and if medical treatment was administered

3.5.3.2 Within 24 Hours: Accident Information required from Contractor

• Information from 3.5.3.1

• Status of injured personnel

• Pictures of affected equipment

• Training certificates/licenses for personnel involved in incident

• Maintenance records of equipment involved in incidents

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

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

• Corrective actions taken to prevent recurrence

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

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

3.6 Posted Speed Limits. The Contractor shall enforce all posted port speed limits for all vehicle traffic per local port directives. The USG has further defined vehicle speed limits as follows for Military vessel/terminal operations at all piers/terminals/ports, (unless further defined) the maximum speed limits for vehicle(s) shall be inside a vessel, on vessel ramps, and/or dock/pier is <5 MPH (walking speed), maximum speed limits within staging areas, is <10 MPH or less, and for roadways to/from staging to vessel the maximum speed limit shall be 10 MPH, for CFE/MHE speed limit is 10 MPH or <5 MPH on vessels.

3.7 Vehicle Safety. During all operations, the Contractor shall not, leave any vehicle (military or commercial) unattended when the engine is running, or if breaks are not operational.

3.7.1 Military vehicles/trailers with air braking systems that have been determined to be inoperable (i.e., air system have been compromised, brakes have been caged or considered freewheeling) shall not be left unattended. Vehicles in this condition must be labeled clearly on all sides “NO BRAKES.” Vehicles parked in staging lots shall have all wheels or tracks chocked blocked and trailers shall remain attached to their prime mover or if orphaned have hand brakes set, or wheels chocked blocked.

3.7.2 Fire Extinguisher & First Aid Kit. The Contractor shall provide and ensure all CFE/MHE used in military operations shall have mounted fire extinguishers and a First Aid Kits with an up-to-date inspection sticker/documentation and inspected monthly.

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

3.8.1 The Contractor shall provide ramp guards stationed at all vessel ramps in use to direct traffic, monitor foot traffic, and alert personnel when vehicles are traversing ramps, all ramp guards shall have whistles and flashlights in addition to PPE. Compensation for services defined in this paragraph is included in all commodity rates established in the SOR. The government reserves the right to use its own personnel to man TCPs and are not required to use contractor labor for this task.

4 GENERAL CONTRACT ADMINISTRATION

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

4.1.1 Port Licensing and Permits. The Contractor or its named Subcontractor shall possess a valid and current Business License (BL), or permit issued by Trade Register of Romania as well as a work permit issued by the applicable to The Maritime Ports Administration SA Constanta (MPA) as evidence the Contractor or its named Subcontractor(s) has legal right to work in/at the Port of Constanta (LS5). The Contractor shall provide documentation/copies (Prime and Subcontractor(s)) to the CO for record within (2) two calendar days of the date the contract was awarded.

4.1.1.1 Subcontractors. The Contractor shall require all Subcontractors to include subcontracted laborers, to comply with all applicable regulatory requirements of this contract.

The Contractor shall include a clause in each applicable subcontract to require Subcontractor's cooperation and assistance in accident reporting and investigation.

**NOTE: Subsequent references to the Contractor shall imply it acting as the “prime” and their “employees”, or “Subcontracted laborers”, or others acting on behalf of the prime Contractor unless otherwise specified.

4.1.2 Union Agreements and Port Tariffs. The Contractor shall submit copies two (2) calendar days of contract award date to the CO/COR, the most current version of the collective labor contract (CAL) i.e., "contract colectiv de muncă" and current year published port tariff for the Port of Constanta. The Contractor shall also furnish updated information about specific changes to union contracts, wage increases, local work rules, and CALs as well as new port tariffs affecting USG cargo operations IAW the performance of this contract as they become available.

4.1.2.1 Port Services/Tariffs. The Contractor shall be responsible on behalf of the USG for all port handling costs related to “handling and movement of USG cargo transitioning through the port of Constanta, all charges/fees shall be inclusive of all commodity rates per (Schedules 1A1, 1A2, 1B1, 1B2, 1B3, 1B4, 1E, 1F) of the SOR

4.1.2.2 The USG will not pay for or reimburse the Contractor for usage of port staging/storage free time, customs duties, taxes, and similar charges for which no services are received, or the USG is exempt from. The USG will only pay port tariffs fees/charges where the USG has requested and received those services. If the Contractor pays a tax, duty, customs fee, excise fee/tax, inspection fee, bond, or the like for which the USG is exempt, the Contractor is not entitled to reimbursement.

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

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

4.1.4 Multiple Work Sites. During the performance period of this contract, the Contractor shall work simultaneous cargo handling operations, at multiple work sites, to include, but not limited to, working vessel(s) operations (working multiple decks simultaneously), and performing reception and disposition services of rail, commercial truck(s), call forwarding & staging yards. 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.

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

4.1.4.2 The Contractor shall not remove or replace the contract manager or their alternates without informing the COR.

4.2 Ordering Services. The Contractor and COR/OO shall agree on ordering services shall include daily cut off time(s) for ordering all S&RTS. Procedures for ordering services shall be provided within two (2) calendar days of the contract award date. The USG shall order services no later than (NLT) 1400 hrs. for 0800 hrs. start times for the next day or 1400 hrs. for 1800 hrs.

start times for the same day. Example: Order services on Monday at 1400 hrs. for Tuesday morning 0800 hrs. start time, Monday start times shall be ordered on Friday.

4.2.1 All S&RTS performed IAW this PWS will be ordered using a Task Order (TO) system.

Task orders will be assigned a TO number by G8 and then issued by an appointed OO to the Contractor and IAW Appendix C, Payment, Ordering, and Invoice Instructions, any work performed prior to an issued numbered TO will be at the expense of the Contractor.

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

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

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

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

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

4.2.2.2 Should Contractor personnel arrive at the work site at the scheduled order time, and services were cancelled, due to circumstances beyond the control of the USG, the Contractor shall receive minimum time guarantee for all classes of labor verified by the COR/OO.

Contractor personnel arriving at the work site who were not timely notified by the Contractor those services were cancelled; the Contractor shall be responsible for compensation of those personnel at its own expense and is not entitled to reimbursement.

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

4.2.4 Reconciliation and Validation. The goal of the 839th TB is to reconcile, complete, and process the Contractors invoice and close all TO’s within 21 calendar days of the completion of each task order. The COR/OO shall determine, and the Contractor shall agree to reconcile and settle all task order(s) within a set timeline and provide an invoice to the COR for payment. The Contractors failure to reconcile TO’s within the below perimeters will result, with the USG finalizing TO’s based on its documented evidence of the Contractors performance, whereas the Contractor shall agree/accept the USG’s “final TO” for invoicing.

4.2.4.1 The COR, OO, and the Contractor shall reconcile all S&RTS within seven (7) calendar days of completing the work, reviewing all supporting documentation (logbook, tally sheets, and time sheets, and written request) for (vessel or DocWeek) ordered services. The COR will provide the contractor the MSDDC Form MT 288 capturing all commodity, detention, standby, Extra Labor (XL), for each class of labor and EQR time used in conjunction within commodity work, the Contractor and COR shall agree by signing (digital or wet signature) the MT288.

4.2.4.2 Once reconciled, the OO will within seven (7) calendar days or when practicable after large operations will finalize each TO accounting for actual Contractor performance per MT 288.

The OO will submit a “final task order” to MSDDC G8 for validation, once validated and dated the OO will forward the validated TO, to the Contractor, whereas the Contractor shall then invoice the USG. The Contractor shall submit their invoice for payment to the COR for validations/certification, if information on the invoice is found not match the TO or MT288, the COR will return the invoice back to the Contractor to correct or will validate & certify the Contractors invoice within and summit within seven (7) calendar days to G8 for payment processing.

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

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

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

USG.

4.3.1 OOP expenses do not include expenses inherent to performing stevedoring and related terminal services. OOP expenses are for the purpose of purchasing supplies or non-durable goods. The Contractor shall obtain written approval from the COR/OO for each item requested.

All such materials or supplies shall become Government property, and the Contractor shall recover and reuse serviceable material and supplies from each operation and used in subsequent other operations when possible. The Contractor will not be compensated for re-use of recovered materials.

4.3.1.1 The Contractor shall gain prior written from the COR/OO approval before the purchase of materials for OOP expenses exceeding the threshold of $3,500 per individual item, additionally administrative fees (exp; delivery charges or taxes) are allowable OOP expenses and compensation shall be set forth in the SOR. The Government may source materials to support mission readiness, at its discretion and direct the Contractor to procure the materials.

"Government owned" is defined as either material purchased by the Government for Contractor use in support of this contract or materials purchased by the Contractor and approved as an OOP expense by the COR for Government use and for which Contractor has valid vendor receipts.

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

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

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

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

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

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

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

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

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

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

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

4.5 Commodity Rates. The Contractor shall provide an all-encompassing commodity rate for each commodity type listed below, for each commodity schedules listed in the SOR (see appendix B) e.g., all commodity rates applicable to this contract are inclusive of all labor, equipment, and port handling tariff costs related to the handling and movement of cargo, to include planning activities, and shall include all of the below but not limited to the following:

(see requirements throughout the PWS)

• All management, supervision, safety Manager, environmental compliance officer, or other Contractor staff.

• All planning activities.

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

• Port handling/tariffs costs

• All directly employed or subcontracted Stevedores, Longshoremen tallymen, and warehousemen i.e., all Classes of labor, Foreman, Supercargo, general labor, Skilled labor I, II, & III, Skilled drivers, crane operator, gearman, mechanics, carpenters, (not all-inclusive personnel list).

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

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

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

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

• Lashing & Unlashing for all conveyances (vessel, M/CLH trucks and rail).

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

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

• Reception & disposition services for military equipment arriving or departing the ports by convoy or local pickup, to include aircraft landing, documenting all cargo as its received, staged or dispositioned (port clearance).

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

• General Cargo and Vehicle Preparation of all cargo for onward movement.

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

• Staging yard(s) setup

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

• Commodity 35 – Aircraft. Rotary or fixed wing.

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

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

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

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

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

Stacked flat racks shall be counted as one piece.

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

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

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

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

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

The Contractor shall be fully responsible and liable for all damaged caused by its personnel for negligence due to improper handling methods.

4.5.2.3 Exceptions to Commodity Rates. In Circumstances where certain cargos do not fall within commodity descriptions or in established commodity rates, the USG will make exceptions to compensating the contractor for cargo shipments received and handled for which no commodity rate(s) were established. The USG will compensate the Contractor handling that cargo per Extra Labor (XL) and/or Equipment Rental Rates (EQR) rates (if needed), per (Schedule 2 & 4) of the SOR. If the COR determines it is necessary to establish additional commodity rates, for recurring cargo receipt, the COR will advise the CO for a modification to the SOR adding or adjusting additional compensation lines for the remaining period of performance of this contract.

4.5.2.4 In addition, commodity rates, are intended as onetime payment for movement of cargo, (e.g., from its staged location (point of rest), moved to the final point of stow onboard the vessel, “or” from the stowed location onboard the vessel to its designated final point of rest per the USG’s staging plan) or from point of rest (staging) to/from land based conveyances (CULT/CLH or rail).