Attachment 3_DRAFT PWS_Bremerhaven Stevedoring.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING SERVICES

PORT OF BREMERHAVEN

FEDERAL REPUBLIC OF GERMANY (FRG)

950th Transportation Company

Port of Bremerhaven

Bremerhaven, Germany

Date: as of 7-18-24

Stevedoring and Related Vessel Services

TABLE OF CONTENTS

Section Topic Page

1.0 Background & Scope 2

2.0 General Security Requirements 3

3.0 General Safety Requirements 5

4.0 General Contract Administration 11

5.0 General Contractor Requirements 24

6.0 Terminal Specific Requirements 32

Contract Performance Requirements Summary (PRS) Table 39 Appendix A Regulations, Publications, & Forms 43 Appendix B Glossary of Terms 48 Appendix C Payment Instructions 60 Appendix D List of Acronyms & Abbreviations 64 Appendix E Foreign Entity Vetting 66

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 Sectary of the Army (SECARMY) as the Army Service Component Command (ASCC) of the United States Transportation Command (USTRANSCOM) and a major subordinate command of Army Material Command (AMC). MSDDC is responsible for providing coordination worldwide for origin to destination surface traffic management support; coordinates surface and multimodal transportation contracted functions for all Department Of Defense (DOD) (and other U.S.

Government (USG) entities, as authorized, and designated multinational and interagency elements). Since its establishment in 1965, MSDDC has played a vital role in our nation’s defense by providing support to the warfighter to every war, major contingency, training exercise and humanitarian relief operations where our Military forces are needed and deployed.

1.2 Scope of Service. Provide stevedoring and dock/pier and vessel services, in connection with the import and export of USG, Defense Transportation System (DTS) sponsored cargo. All tasks shall be completed per requirements stated throughout the Performance Work Statement (PWS) and in a manner that is consistent with “Efficiency, Safety, and Customer Service in Mind”.

1.2.1. Stevedoring will cover the full spectrum of stevedoring and associated pierside & vessel services to achieve vessel loading & discharge work whereas contracted services shall include the capability to meet/exceed USG military timelines and vessel/port schedules, working multiple vessel(s)/deck(s) simultaneously, as described within this PWS and the 950th Transportation Company (TC) Area of Responsibility (AOR) 24-hours a day, (7) seven days per week, and 365 days per year for which the USG will compensate the Contractor by applicable commodity and/or man-hour rates as designated by the Schedule of Rates (SOR).

1.2.1.1 Stevedoring services will cover the full spectrum of managing all types of vessel operations and US military cargo (e.g. vehicles & trailers (wheeled & tracked), shipping containers, breakbulk, priority, sensitive, hazardous, and/or rotary/fixed wing aircraft transitioning through the Port of Bremerhaven, Federal Republic of Germany (FRG).

1.2.1.2 Operational tasks shall include but are not limited to performing all vessel services that will facilitate handling heavy and large military vehicles (operable and/or inoperable) up to 150,000 lbs (68,038.9 kg.) dead weight in size, and other (see above) fluctuating quantities of cargo. Stevedoring/pierside services are required for all types of vessel work (e.g., opening and closing each vessel, loading, discharging, lashing/unlashing, cargo and lashing inspections, housekeeping, and the safekeeping/storage of excess dunnage and tiedown materials.

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 6.2 - 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, and are therefore not authorized to obtain a Common Access Card (CAC) or Alternative Smart Card Logon (ASCL) tokens.

2.3 Ground Rules and Constraints.

2.3.1 Personnel Screening. The Contractor shall ensure all employees (to include any subcontractors) working with or on this contract, must meet U.S. Government guidelines regarding foreign national employment by screening all employees for indications of criminal, terrorism, or threat-related activity or alliances detrimental to the United States of America

(USA).

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 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 the interests or endangers the security of the USG, the Contractor shall make the necessary changes to remove those employee/subcontractors from interacting or engaging with US personnel.

2.3.2 Completed Screening. Once the screening process is completed, the results will be submitted to the 950th TC for review/vetting through the 598th Transportation Brigade (TBDE) S-2 to ensure investigative and clearance requirements were obtained before the start date of the contract. Any further derogatory information found may result in access 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 (CO) and 598th TBDE 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 Contracting Officer’s Representative (COR).

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

2.3.4.1 The Contractor shall comply with all requirements associated with installation access control. The Government is not liable for any costs associated with performance delays due solely to the Contractor’s failure to comply with the applicable port, facility or installation access control processing requirements.

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

2.3.5 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 of contract employees during the course of the contract period. The Contractor receiving award of this contract shall make any changes necessary in the appointment(s) and will immediately be escorted off the premises.

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

2.3.7 Threat Related Incidents. Persons employed by the USG 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 Contractor 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 instruction 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/pier access clearance for any vehicles used in performance of this contract. The Contractor shall submit a comprehensive list of vehicles required for the duration of this contract. That list shall be provided to the 950th TC COR/Security Manager within (2) calendar days of contract award date. The list shall identify vehicle type, license plate, and owner/company name.

2.3.9.1 Personal Owned Vehicles (POV) shall not be authorized entry in and around USG cargo unless identified as an “official” vehicle critical to the Contractor’s work. When submission of a new vehicle is necessary, only substitutions are acceptable to maintain a reasonable number of cleared vehicles authorized entry. The USG reserves the right to deny any Contractor vehicle for any reason at their discretion.

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

2.4 Privacy Information. The Contractor and COR/ACOR must ensure all personnel information collected, maintained, used or disseminated is relevant and necessary to accomplish the Contract. The Contractor will collect information to the greatest extent practicable directly from and inform the individual of the reason 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. The 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 Contractor personnel (permanent, temporary, or subcontracted), hired directly or indirectly by the Contractor performing work under this contract, shall have in their possession, and display when required, a current Workers Identification Badge issued by the Port of Bremerhaven. The Contractor shall ensure all personnel are in compliance with this requirement.

3. GENERAL SAFETY REQUIREMENTS

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

3.1 General Safety Requirements of the Contractor are defined within this section.

Additional duties and requirements specific to the particular Port of Bremerhaven within the scope of this contract are further defined in Section 6.3 – Port - Terminal Specific Requirements (Safety). FAR 52.236-13(a) and Alternate I(f) applies unless otherwise specified.

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

3.2.1 Safety Program Manager. The Contractor shall provide as part of its management staff, a dedicated Safety Program Manager (SPM) and/or alternates as needed for each operation.

The Contractor shall ensure the SPM is accessible and on site to observe all USG operations.

Contractor personnel to include sub-contractors will ensure the safety practices are monitored, damage/injury is investigated, and make corrections when deviations or departures from safety are observed.

3.2.2 Accident Prevention/Safety Program. The Contractor shall provide to the COR within two (2) calendar days of contract award date, their written plan for accident prevention/safety program, for port/terminal operations at the Port of Bremerhaven per Federal Acquisition Regulation (FAR) 52.236-13 Accident Prevention, and DA PAM 385-10.

3.2.2 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 representatives observe or report unsafe practices, safety infractions or safety violations, 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, infractions or violations have been addressed and corrected and/or revise their methods of operation to correct the safety issue and bring together all personnel for a safety briefing to the Safety Officer or their representative’s satisfaction. The USG will not compensate the Contractor for any time spent on “stand-by” or lost time incurred due to safety violations/infractions. 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. All safety violations/infractions shall be documented.

3.2.3 Safe Working Load, Lift Trucks, and Cranes. The Contractor shall adhere to local authorities, German Occupational Safety and Health Act (ArbSchG) and DOD standards for “safe working load” of all Contractor Furnished Equipment (CFE) & Material Handling Equipment (MHE), to include all cranes (ship or shore). The Contractor shall adhere to safety requirements when lifting cargo. The Contractor shall ensure all CFE/MHE drivers/operators are Powered Industrial Truck (PIT) certified FRG equivalency. Only trained and competent operators shall be permitted to operate a powered industrial truck. All PIT operators must be trained and certified by their organizations [29 CFR 1910.178(l)] and have in their possession a PIT card. The PIT card shall designate all CFE/MHE that drivers/operators are trained to operate [29 CFR 1910.178(l)(6)]. Crane operators shall be certified to meet ArbSchG or OSHA standards [29 CFR 1926.1427]. The COR or other designated USG personnel (at their discretion) may stop any/all drivers/operators to ensure they are in possession of their certification card and are trained on the equipment they are operating.

3.2.4 Personal Protective Equipment (PPE) Safety/Hazard Analysis. The Contractor shall ensure all Contractor personnel, to include its subcontractors, have and wear proper PPE. The Contractor shall provide to the COR, a Safety/Hazard Analysis that defines the proper PPE required to be used and worn when 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.

3.3 Contractor Safety Briefings. The Contractor shall 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 Safety/Hazard Analysis should be the basis for safety brief content. See FAR 52.236-13(f)(1) for guidance. The Contractor shall conduct safety briefings in the 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 compensation shall be made to the Contractor for “safety stops/violations”.

3.5 Reporting Accidents, Injuries or Damage Reporting.

3.5.1 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 an accident investigation report to the COR and USG Safety Officer as mandated in the 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 any CFE/MHE involved in an accident or incident involving injury.

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

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 8 Hours: Accident information required from Contractor if there is severe damage to equipment, hospitalization of employees, or loss of life:

• Date and time of incident

• Location of incident

• Brief synopsis of the incident, 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 of personnel involved in incident

• Maintenance records of equipment involved in incident

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 incident

• 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 for military vessel/terminal operations at all piers/terminals/ports, (unless further defined): the maximum speed limit for vehicles inside a vessel, on vessel ramps, and/or dock/pier is <5 MPH (walking speed), maximum speed limit within staging areas is <10 MPH or less, for roadways to/from staging to vessel the maximum speed limit shall be 10 MPH, for CFE/MHE the 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 brakes 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 its 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 Kit with up-to-date inspection stickers/documentation, and inspected monthly.

3.8 Vessel Safety. During vessel operations, the Contractor shall not let vehicles remain idle across watertight door areas. Contractor shall 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 are included in all commodity rates established in the SOR.

4. GENERAL CONTRACT ADMINISTRATION

4.1 General contract administration defined within this section and additional administrative 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 Contractor or its named subcontractor(s) shall possess a valid and current Business License (BL) issued by Port of Bremerhaven, as well as a work permit issued by the applicable Federal Republic of Germany (FRG) as evidence that the Contractor or its named subcontractor(s) has legal right to work in/at Port of Bremerhaven. The Contractor shall provide documentation/copies (prime and subcontractor(s)) to the CO for record within (2) 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 within (2) Two calendar days of contract award date to the CO/COR, the most current version of the Collective Bargaining Agreement (CBA), for Union of Docker of Germany, United Services Trade Union “Ver.di” and the current published port tariff for the Port of Bremerhaven. The Contractor shall also furnish updated information about specific changes to union contracts, wage increases, local work rules, and CBAs as well as new port tariffs affecting USG cargo vessel 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 cargo handling costs related to “handling and movement of USG cargo” associated to port offered services not associated to “vessel charges” i.e., berthing, warfage, landing fees, husbandry, or other vessel charge/fees etc. All commodity rates applicable to this contract are inclusive of all labor, CFE/MHE and port handling/tariff costs related to the handling and movement of cargo.

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. The Contractor will not include such taxes, duties, customs fee, free time, excise fee/tax, inspection fee, bond, (or the like) for which the USG in any of its rates. If the Contractor pays a tax, duty, customs fee, excise fee/tax, inspection fee, bond, or the like for which the USG is exempt, the Contractor is not entitled to reimbursement.

4.1.3 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 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, speak, and translate the English language and/or other languages 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 of this contract, the Contractor shall work simultaneous stevedoring operations, to include, but not limited to working multiple vessels and multiple decks simultaneously. The Contractor shall have their Contract Manager(s) or alternates be present dock/pier side, and onboard the vessel, accessible to the COR at all times.

At any other time (i.e. outside vessel operations) the Contract Manager or their designated alternate(s) shall be available to the COR by telephone.

4.1.4.1 The Contract Manager or their designated alternate shall meet as necessary with the COR to discuss contract performance or other issues or concerns.

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

4.2 Ordering Services. The Contractor, COR/Ordering Officer (OO) shall establish or verify (per written labor agreements or port tariffs) written procedures on ordering services to include daily cut times for ordering of all stevedoring services. The procedures for ordering services shall be provided to the Contractor within (2) two calendar days of contract award date.

All stevedoring services performed IAW this PWS will be ordered using a Task Order (TO) system. Task orders will be assigned a TO number by SDDC 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 Task Orders. All services shall be identified by the COR and conveyed to an appointed OO. The OO will develop an initial TO as soon as practicable and prior to the start date and time for each day stevedoring services are ordered. The OO will provide an initial Task Order to SDDC G8 and the Contractor. The initial TO will identify all commodity, man-hour, materials or associated services agreed upon between the COR and the Contractor and needed for execution of operations.

4.2.1.1 Task Orders will be separated by vessel, (load and discharge) for all known vessel work to be completed.

4.2.1.2 Cancellation of Services. The USG shall also set cut off times, on or before which the USG may cancel ordered services free of charge and without penalty/liability of any kind. No compensation is applicable when services ordered are cancelled prior to the cancellation cut off times. The Government will not compensate the Contractors for CFE/MHE.

4.2.1.3 The COR/OO or their designated representative will notify the Contractor verbally of cancelled services by telephone, or written email/memo or other communications, stating that services are to be canceled. The USG will compensate the Contractor based on established labor agreements or port tariff compensation when services are ordered and then canceled on the day the services are scheduled to begin.

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

4.2.3 Reconciliation and Validation. The COR/OO and the Contractor shall reconcile all services ordered and performed within seven (7) days after the completion of each vessel operation. The Contractor/COR/OO shall collectively review all supporting documentation for each mission (logbook, tally sheets, or time sheets). The COR and Contractor shall agree and shall sign (digital or wet signature) SDDC Form 288, capturing all commodity, additional extra labor, and/or CFE/MHE used per each vessel operation. The OO will finalize the ‘initial’ TO to represent the ‘actual’ contractor performance within seven (7) days, accounting for all charges for cargo commodity work, materials, extra labor, as well as all OOP expenses. The OO will submit the TO (actual) to G8 for funding, and once G8 returns the TO back, the OO will forward a final task order to the Contractor for invoicing. Once the final TO has been received, the Contractor shall submit their invoice for payment to the COR. The COR will certify the invoice and submit for payment processing. See Appendix C, Payment, Ordering, and Invoice Instructions.

4.3 Out-of-Pocket (OOP) Expenses. OOP expenses are used for reimbursing funds to the Contractor for unknown supplies, materials, or equipment rental costs purchased on behalf of the USG for additional costs associated to a mission/operation (at the time of need or may be in advance of) whereas the Contractor shall get COR/OO written approval for any/all additional materials, supplies or equipment (rental) provided by the Contractor.

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

4.3.1.1 OOP expenses are used for purchasing new 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. The Contractor shall recover all serviceable materials and supplies from each operation to reuse for subsequent ordered operations when possible. The Contractor shall obtain prior written approval from the CO/COR/OO before purchase of additional materials for OOP expenses exceeding the threshold of $3,500 per individual item. Administrative fees (e.g., delivery charges or taxes) are allowable OOP expenses.

4.3.1.2. Three (3) Written Estimates. The Contractor shall provide to the COR/OO three (3) written estimates for all additional services, materials, supplies, or rental equipment prior to the purchase or 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.

4.3.2 Government-owned is defined as either material purchased by the Government for use in support of this contract or materials purchased by the Contractor for the Government’s use. All material purchases shall be approved by the COR for Government use and for which the Contractor presents to the COR/OO during reconciliation and validation all vendor receipts for reimbursement.

4.3.3 Third Party Logistics (3PL) / Subcontracted Services. When required by the COR, the Contractor shall provide subcontracted services that include, but are not limited to welding services, or specialized rental equipment. The Government will reimburse the Contractor for actual costs (vendor invoice and itemized receipts required), and for any transportation expenses associated with furnishing ordered materials, equipment, supplies, and subcontracted services.

4.3.3.1 The Government may source specialized materials or subcontracted vendors to support mission readiness at its discretion and may require the Contractor to procure materials or services on its behalf.

4.4 Training and Contingency Operations. The Government reserves the right to conduct training or contingency operations, all or part of port/vessel operations with DOD personnel.

During scheduled training or unscheduled contingency port/vessel, operations the Government may elect to load or discharge any vessel or perform any related longshoring or stevedoring operations. During these scheduled training or contingency events, the Government may utilize military personnel for loading and discharging the entire vessel or part thereof; or may conduct routine terminal or other port/vessel operations or any part of those operations. Unless services are otherwise ordered, the Contractor shall not receive any compensation for cargo handling operations conducted by the DOD during these scheduled training or contingency events;

however, compensation for Contractor provided equipment or other facility support shall be paid at established rates in the SOR.

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

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

• Commodity 35 - Aircraft shall be priced as EA.

• Commodity 40 - Breakbulk items shall be priced in MTONs

• Commodity 44 - Containers less than 20’ in length shall be priced as EA (i.e. ISUs, Bicons, Tricons, Quadcons)

• Commodity 45 - Containers 20’ and 40’ in length or multiple knuckled containers configured into TEUs priced as EA.

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

• Commodity 60, 61, and 67 – Vehicles and trailers classified by weight, shall be priced as EA or (by the unit).

4.5.1 Commodity Rates. Commodity rates are inclusive of all planning activities, lashing/unlashing cargo, labor, gear, MHE, materials, vessel housekeeping, documentation, and all cargo and lashing inspections associated with handling the movement of USG cargo. Labor for commodity rates shall be based on work performed during a regular workday shift.

4.5.2 Pricing. Pricing shall be by the “individual piece/unit EACH (EA)” or “Measurement Ton (MTON)”.

• Containers (TEU’s, 20’, 40’) in commodity code 25

• Containers (less than TEUs) in commodity code 44

• Containers (20’ to 40’) non-explosive commodity 45

• Wheeled & tracked vehicles based on their weight, commodity codes 60, 61, & 67 combination of weight and the method of move EA.

• Aircraft commodity code 35 EA

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

4.5.3 Measurement Ton Calculations. The Government will calculate MTON using cargo dimensional data: Length multiplied by Width multiplied by Height divided by forty (40) cubic feet. Example: “20ft container” dimensional measurements of (L) 240in X (W) 96in X (H) 96in divided by 1728 then divided by 40 equals 32 MTONs. This would look like 240” times 96” times 96” = 2,211,840 square inches divided by 1728” (square inches in cubic feet) divided by 40 Cubic feet = 32 MTONs.

4.7 Detention Time.

4.7.1 Detention. Labor Detention is defined as time lost due to work stoppage or interruption of work during commodity operations.

4.7.1.1 When detention occurs during a commodity operation, the Contractor shall absorb each detention period of fifteen minutes or less. The Government will compensate the Contractor at detention rates (Schedule 3A) for labor, including checkers and CFE/MHE operators, for detention in excess of fifteen minutes including the first fifteen minutes thereof and each minute thereafter. The USG will not compensate detention time on/for Contractor CFE/MHE.

4.7.1.2 Detention time (may also be called stand-by time) is used to compensate the Contractor for work stoppage during commodity operations. Examples of this include, but are not limited to, changes in operational plans (i.e. change to staging or stow plans would cause stoppage or delays). Should the USG change planned work or have to halt commodity work or alter other plans during a commodity operation, the COR will notify the Contractor of that change. The Contractor shall immediately notify the COR that work has stopped and make an effort to continue working where work is available. The Contractor shall redirect or shift their labor and CFE/MHE to other locations to reduce stoppage where detention time may result. If there is lost time at the fault of the Contractor, they shall be liable for lost time and their labor shall remain on commodity. The COR shall be notified of all work stoppage.

4.7.1.3 The Government will not compensate the Contractor for detention of any class of labor not required for commodity operations, when dependent upon other classes of labor performing a commodity service. This includes all classes of general labor, checkers and supervision needed for commodity service for vessel services. As an example, loading a vessel is inclusive of services such as draying (maintenance, ground guides, and drivers) the cargo from its staging area through tally and checkers and stowing it aboard the vessel and completely securing the cargo. General labor, drivers, checkers, lashers and supervision conducting commodity operations of loading the vessel are dependent upon each other under commodity rates. Drivers or lashers performing services during vessel load may wait for others to perform or complete their services. No class of labor is authorized detention while others are present and performing commodity work.

4.8 Extra Labor (XL). The Contractor shall provide at the discretion of the COR/OO, labor, and CFE/MHE, for miscellaneous or terminal services within the scope and intent of this contract. Unless services are occasioned by fault or negligence of the Contractor, the Contractor shall be compensated at the XL/Equipment Rental (EQR) rates established in (Schedules 2 and

4) of the SOR. The Government will not compensate the Contractor for detention or standby time that occurs during ordered extra labor operations.

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

• Carpentry work in excess of normal lashing, blocking & bracing

• Welding & burning

• Re-handling, removing and shifting of cargo (military or commercial)

• Building or dismantling of sheathing and nailed floors

• Handling of ships' stores & materials

• Assisting Government personnel for vessel services, exercise and contingency operations

• Other miscellaneous vessel operations

4.8.2 When performing XL services, the Contractor shall furnish all gear and necessary equipment (operator included) required to perform the requested service. Labor (Schedule 2) and Equipment Rental (Schedule 4) of the SOR rates shall apply.

4.9 Overtime. Overtime is defined as time/hours worked beyond a scheduled workday. For example, if normal or regular workday hours are from 0600 - 1400, Monday through Friday and operational requirements require that labor work past the scheduled workday, the hours worked after the workday/week may include overtime differential. This may also include meal hours, weekends, and holidays. Overtime compensation shall be calculated as time past the scheduled workday shift and shall be determined IAW local established overtime laws (as applicable).

4.9.1 Ordered Overtime. The Contractor shall when requested by the COR, provide labor for requested overtime work (includes weekends and holidays). Compensation for overtime work shall include the regular hourly rate (Schedule 2) plus the overtime differential rate in (Schedule 3C) of the SOR, (base pay + OT differential rate) overtime pay shall be rounded to the nearest 5-minute increment.

4.10 Shift Differentials. When work is performed in 2nd or 3rd shift(s), the Contractor shall be compensated IAW the applicable shift differential rates set forth in (Schedules 3B) of the SOR.

Shift differential compensation shall be calculated at time past established regular workday shift and shall be determined IAW local established laws (as applicable).

4.11 Start Time. The Contractor shall be flexible for work start times. The Government will discuss vessel work at each planning meeting, where an established workday start time is established. Start times that start later than regular working hours shall include established differential rates and shall not include overtime until full regular workday hours are met.

4.11.1 The Contractor shall obtain written pre-approval from the COR to work in all conditions specified under detention, extra labor, or overtime.

4.12 Equipment Rental Rates (EQR). All EQR listed in (Schedule 4) of the SOR shall be billable by the hour or day. Daily equipment rates shall imply 24 hours of use with appropriate operators changed as needed. Rental of equipment not listed in the SOR is subject to the same conditions as above and reimbursed at (OOP expense). All equipment used is subject to written approval by the COR. Equipment Rental rates apply to equipment owned by the Contractor and used/billed during XL operations. For commodity operations, Contractor equipment used is inclusive of the commodity activity rate (i.e. vessel).

4.12.1 Contractor Equipment Used for Extra Labor Situation. The Government will reimburse the Contractor for its use of equipment based on established rates in the SOR. When Contractor equipment is used for both commodity and XL work on the same day/time, the Government will compensate the Contractor for the actual time the equipment was used in an XL situation that is verified and approved by the COR.

4.13 Contract Labor Reporting. As requested by the COR, the Contractor shall provide a daily time keeping logbook for verification of labor and services provided for each shift per day of operations for reconciliation purposes. The report will include the description of service, total quantities of labor by class, hours worked to the nearest 5-minute interval, and significant events of the day.

4.14 Timekeeping. The Contractor shall maintain 100% accuracy of timesheets for all contractual services furnished. The timesheet shall include the following information:

• Date and time of operation

• Work performed on daily shift or continuous shift

• Number of laborers, class type of labor used, and hours worked

• Type, number, and hours equipment is utilized

• Times and reasons for any work stoppages (detention, standby time)

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

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

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

4.14.1.2 Daily Vessel Work Accomplishment Plan. The Contractor shall provide a vessel work plan plus any information at daily operation meetings. This plan should be based upon vessel discharge, load, and port clearance guidance of discharged cargo. The plan should include number of vessel gangs, types of vessels, piers, etc., and discharged cargo production (pieces by the hour per day/shift), and contractor equipment used for the next twenty-four (24) hour period.

4.14.1.3 Reports (Verbal or Non-Verbal). The Contractor shall provide written reports of contractual issues to the COR that may result in actual or anticipated problems. These reports should be provided when problems are identified whereby the COR will bring the issues to the CO for resolution. The COR will maintain all written reports reflecting positive, negative, or unresolved occurrences. The COR will document all conversations (verbal or non-verbal) with the Contractor resulting from contractual issues. The Contractor shall provide to the COR all written reports or records that document agreements made between the Government and the Contractor.

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

4.15 Request For Information or Documentation. The Contractor shall respond to Government inquiries regarding the status of work, cargo, or labor within four (4) hours or less of being notified. The Contractor shall immediately notify the COR of their inability to perform any task or function IAW this PWS. Compensation for services defined in this paragraph are included in the commodity rates established in the SOR.

4.16 Transition of S&RTS Contract Services. Upon award of this contract, all work shall be performed IAW “best commercial practices”. This is applicable if transitioning services from the current Contractor to the new incoming Contractor after contract completion.

4.16.1 Within seven (7) days of contract award, the current Contractor shall begin a joint inventory with the incoming Contractor. This joint inventory shall be completed and all issues resolved within seven days of commencement, unless a longer period is approved by the Contracting Officer (CO). Transfer of all property shall be completed within seven days after completion of the joint inventory.

4.16.2 Inventory of Government Furnished Equipment (GFE). The current Contractor shall perform a 100% physical inventory of GFE with the COR and new incoming Contractor. The Government's Property Administrator (PA) and/or a designated Property Representative will observe the physical inventory to ensure concurrence is met by all parties. Upon completing the 100% inventory, the outgoing Contractor shall post the transfer document as a closing adjustment to that Contractor’s property records. The current Contractor shall maintain the basic property records reflecting authorizations, identification, and management data for all GFE transferred to the incoming Contractor.

4.16.3 Schedules and Task Orders. The current Contractor shall ensure work schedules and open task orders are accomplished until the contract has expired.

4.17 Order of Precedence. The Contractor shall accomplish all tasks and referenced regulations identified in the PWS. When a conflict between the PWS and references set forth therein, the PWS will prevail unless the reference mandates priority.