Attch 3-DRAFT PWS.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

PORTS OF DARWIN, ROCK HAMPTON (ALMA), GLADSTONE, AND

TOWNSVILLE, AUSTRALIA

Military Operations Terminal

836th Transportation Battalion

As of 5-23-2024

Stevedoring & Related Transportation 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 6

4.0 General Contract Administration 9

5.0 General Contractor Requirements 26

6.0 Terminal Specific Requirements 47

Contract Performance Requirements Summary (PRS) Table 59 Appendix A Regulations, Publications, & Forms 63 Appendix B Glossary of Terms 68 Appendix C Payment Instructions 80 Appendix D List of Acronyms & Abbreviations 84 Appendix E Foreign Entity Vetting 86

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 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) at the following primary Ports of Debarkation/Embarkation (SPOD/E’s) Port of Darwin, Northern Territory, Ports of Gladstone, Rockhampton, Alma & Townsville in Queensland, and the ability to provide S&RTS at any other secondary SPOD/E’s (priced separately once identified) throughout the Island Continent of Australia, in connection with the import and export of United States - Defense Transportation System (US-DTS) sponsored Military cargo, all tasks shall be completed per requirements stated through the Performance Work Statement (PWS).

1.2.1 S&RTS shall include handling the full spectrum of US Military cargo (e.g., vehicles/trailers (up 150,000lbs), breakbulk, aircraft, general containers and containerized Ammunition and Explosives (A&E) & hazardous materials, as well as sensitive, controlled, and/or other DoD cargo handled through all modes of transport transitioning through the seaport(s).

1.2.1.1 Operational Requirements. Operational tasks shall include but not limited to providing all stevedoring and longshoring services i.e., labor & equipment required to conduct all vessel & commercial truck loading & discharging of military cargo i.e., reception and disposition, cargo management, intra port transfers, cargo prep, and Tallying & Checking (T&C).

1.2.1.2 Facility Support. S&RTS services shall include but not limited to providing physical security services, providing facility support, e.g., storage/staging, office space, office supplies, and provide documentation/reports for port operation expenses & reconciliation of services, and handling & warehousing/storage of USG provided dunnage and miscellaneous materials other related miscellaneous requirements as outlined in this PWS.

1.2.1.3 The S&RTS Contractor shall have the capability to simultaneously work multiple vessel(s) and vessel decks, as well as working concurrently at primary or secondary SPOD/Es located throughout the Island Continent of Australia, and in conjunction with terminal operations as determined by the 836th Transportation Battalion (TB) 24-hours a day, seven (7) days per week, and 365 days per year (see section 6 for primary port location).

1.2.1.4 The contractor shall have the ability to provide S&RTS or subcontract service at any secondary SPOD/Es seaports located throughout Australia. The USG will provide the contractor as much advance notice as possible for mission requirements thru secondary SPOD/E wherein the Contract Officer (CO) and contractor shall negotiate a lump sum price. SPOD(See Appendix C, paragraph 3.0 Ordering of Secondary Port Services).

**NOTE: Any work performed without authorization shall be at the Contractor’s expense.

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

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

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

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

2 GENERAL SECURITY REQUIREMENTS.

2.1 General security requirements of the Contractor defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contract further defined in Section 6.2 - 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. Contractor shall ensure its employees 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) or the Australian Government.

2.3.1.1 The Contractor shall not employ any person under this contract convicted of any of these offenses or who presents any of these unfavorable behaviors or is simultaneously an employee of the USA. Anyone refusing screening shall result in denial of applicant’s access for employment.

If employment or continued employment of any Contractor employee is prejudicial to the interests or endangers the security of the USA/G, the Contractor shall make the necessary changes to remove those employees from interacting or engaging with US personnel.

2.3.2 Completed Screening. Once the screening process is completed the results and the applicant request for clearance approval, will be submitted to the 836th Transportation Bn. for vetting through the 599th Trans brigade S-2 (Hawaii) to ensure investigative and clearance requirements were obtained before the start date of the contract for review. Any derogatory information may result in the applicant’s access 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 599th 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 The Contractor personnel shall read and comply with applicable the Department of Defense (DOD) security regulations, policies, and procedures for access to installations and facilities.

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 on contract members during the course of the contract period. The Contractor receiving award of this contract shall make any changes necessary in the appointment(s).

2.3.5.1 The Contractor’s personnel will immediately be escorted off the premises. The contractor shall ensure the roles/privileges assigned to contractor employees on the Government computing platforms are limited to the roles/privileges essential to that individual’s performance of his/her assignments. These roles/privileges can be limited or revoked by the Government for any reason.

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

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 instruction for this requirement. Compensation for services defined in this paragraph are included in all commodity rates established in the SOR.

2.3.9 Base access. The Contractors employees to include sub-contractors will comply with base access and control procedures, personnel not cleared for entry into secured working area/s will be denied entry, and the USG shall not be liable for wages of such denied personnel.

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

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

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 practicable 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 temporary personnel, 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 each port where military operations is being performed. The Contractor’s management shall ensure compliance with this requirement.

3. GENERAL SAFETY REQUIREMENTS

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

Additional duties and requirements specific to the particular terminal(s) within the scope of this contract are further defined in Section 6.3 –Port - Terminal Specific Requirements (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 host nation, international, local installation and MSDDC Transportation Battalion safety and fire regulations. The COR will log any discrepancies within the defined quality performance process. The Contactor shall establish and maintain an effective and comprehensive safety program. The Contractor shall acquire, maintain, and require the use of safety equipment, personal protective equipment (PPE) (29 CFR 1918.101-106) and devices necessary to protect employees at all times while working any USG operation on the port, terminals, or vessel(s).

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

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

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 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 836th 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.

3.2.3 Safe Working Load. The Contractor shall adhere to local authority and DOD standards for “safe working load” for all CFE i.e., MHE, to include all cranes (ship or shore). The Contractor shall adhere to all safety requirements when lifting cargo.

3.2.4 Personal Protective Equipment (PPE) Safety/Hazard Analysis. The Contractor shall ensure all Contractor personnel, to include 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 836th Battalion Safety Officer (BSO) 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, as part of all commodity and extra labor operations, conduct and document safety briefings for all workers prior to all operations and at each shift change. The Contractor 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. The Contractor shall conduct safety briefings in English and, other applicable local language.

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 Damage, Accident, and Loss Reporting. The Contractor shall immediately notify the COR of any incident and/or accident that results in injury or death to any personnel, damage to cargo or property, or hazardous spills or leaks, during or arising from performance under this contract. The Contractor shall submit accident investigation reports to the COR and MSDDC Safety Officer within 24 Hours and 30 Days as applicable.

3.5.1 Reportable Accident(s). The Contractor shall report all accidents or cargo damaged to the COR immediately. In all instances, the Contractor shall submit a preliminary accident investigation report to the COR and MSDDC Safety Officer within 24 Hours. A full accident investigation report identifying all root causes and corrective actions shall be provided to the COR within 30 calendar Days.

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 involved in any accident or incident involving injury.

3.5.1.3 The Contractor shall assist the USG during any accident or serious incident 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 Accident Information required from Contractor within 8 hours 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 Accident Information required from Contractor at 24 hours:

• 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 30-Day (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 adhere to all posted port speed limits or as directed or as defined by the MSDDC Bn. Commander. For all Military vessel operations at all piers/terminals/ports, (unless otherwise defined) the maximum speed limit inside a vessel, on vessel ramps, and/or dock/pier is <5 MPH (walking speed). Staging areas, the maximum speed limit is 10 MPH or less, for roadways to/from staging to vessel 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) must 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 have hand brakes set.

3.7.2 Fire Extingusher & First Aid box. The Contractor shall ensure all CFE/MHE used in military operation shall have mounted fire extinguishers and a first aid boxes with an up-to-date inspection sticker/documentation, 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. The Contractor shall provide ramp guards stationed at vessel ramps to direct traffic, monitor foot traffic, and alert personnel when vehicles are traversing ramps, all ramp guards shall have whistles and flashlights in addition to PPE. The Contractor shall also designate traffic routes for personnel, marking off routes with safety cones or rope off pathways onto/off vessels away from vehicle traffic, the Contractor shall also ensure safety nets are secured in place before traversing vessel gang ways, 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. 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) issued by the Australian Government/Province. As well as a work permit issued by the applicable Australian Port Authority (Darwin Port Operations, Gladstone/Rockhampton Ports Corporation) as evidence the Contractor or its named Subcontractor(s) has legal right to work in/at the state/country/port designated within this PWS (see geographic info section 6.1). The Contractor shall provide documentation/copies (Prime and Subcontractor(s)) to the CO for record when awarded this contract.

4.1.1.1 Subcontractors. The Contractor shall require Subcontractors 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 their “employees”, “Subcontractor or others acting on behalf of the prime contractor unless otherwise specified.

4.1.2 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” i.e., berthing, warfage, landing fees, husbandry, or other vessel charge/fees etc. Commodity Rates – 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.

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.

4.1.4 Maritime Union of Australia (MUA). The Contractor shall submit to the COR one (1) calendar day after the award date or this contract, the current Maritime Union of Australia (MUA) division rules for stevedoring. The Contractor shall also furnish updated information about specific changes to local work rules, labor agreements affecting USG cargo operations IAW the performance of this contract as they are available.

4.1.5 Contract Managers. The Contractor shall provide a manager(s) and at least two (2) alternates as needed who shall be responsible for the performance level of work. The Contractor shall provide to the COR/OO all contact information (phone and email) for each manager and/or 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. Contract managers/supervisors shall be part of the Contractors management and at no additional cost the USG.

4.1.5.1 The contract manager(s) and alternates shall have full authority to act for the Contractor on all matters pertaining to the performance of services under this contract. The contract manager(s) and their alternates must be able to understand, read, write, speak, English fluently

Mcdonald, Bradley C CIV USARMY SDDC (USA) Revised

4.1.6 Multiple Work Sites. During the performance of the contract, the Contractor shall work simultaneous cargo handling operations, at multiple work sites, on/at multiple ports to include, but not limited to, working vessel(s) operations (working multiple decks simultaneously), reception and disposition services for commercial truck(s), staging yards, and/or warehousing.

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. Services defined in this paragraph shall be at the contractor expense

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

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

4.2 Ordering Services. The USG shall establish written procedures in advance for ordering all longshoring and/or stevedoring services. The USG shall also set cut off times, on or before which we may cancel ordered services and/or equipment free of charge and without liability of any kind. These procedures and cut off times shall be provided within two (2) calendar days of contract award date. All longshoring and/or stevedoring services performed IAW this PWS will be ordered using a Task Order (TO) system. Task orders will be assigned a TO number and issued by an appointed OO to the Contractor and IAW Appendix C, Payment, Ordering, and Invoice Instructions.

4.2.1 Task Order (TO). All services shall be identified to the Contractor by the COR upon agreement, the COR will convey needed services to the OO. The OO will develop an “initial” commodity, man-hours, or miscellaneous cost TO estimate identifying all services agreed upon as soon as practicable but prior to the start date & time for each day S&RTS services are ordered.

4.2.1.1 The OO’s initial TO estimate will be processed and a Task Order number will be assigned/issued by G8 for that TO. Task orders will incorporate Terminal Services and Vessel work separately. Terminal services will be calculated by the documented week (Doc-Week (DW), Sunday – Saturday).

4.2.1.2 Vessel work will be by separate vessel Voyage Document (VoyDoc) number (load (P) and discharge (F)) per vessel. Any work performed without a validated, issued TO shall be at the expense of the Contractor.

4.2.1.3 No compensation is applicable to the Contractor for services ordered and cancelled prior to the established cancellation cut-off time(s). The USG shall only compensate the Contractor for services, ordered and cancelled after the established cancellation cut-off times only where written labor agreements are established prior with the USG. The USG will not compensate the Contractor for CFE.

4.2.1.4 In those instances where Contractor personnel arrive at the work site at the scheduled order time and services are subsequently cancelled due to circumstances beyond the control of the USG, the Contractor shall receive the minimum guaranteed time (Schedule 2) (if applicable) of four (4) hours for each labor class verified by the COR. Contractor personnel arriving at the work site that were not notified previously by the Contractor will require the Contractor be responsible for compensation at its own expense.

4.2.2 Verbal request. During any operation, the COR may verbally identify additional labor, services, materials, supplies or CFE needed from the Contractor when necessitated by the operation and all verbal requests will be accompanied by the issue a signed written request. The Contractor shall present for reconciliation purposes all written requests to the COR within 24 hours of completing each operation.

4.2.3 Reconciliation and Validation. The COR and the Contractor shall reconcile all services ordered within seven (7) business days of each vessel or DW. The Contractor will review all supporting documentation (logbook, tally sheets, and time sheets). The COR and Contractor shall agree and shall sign (digital or wet signature) the MSDDC Form 288 capturing all commodity, labor and equipment used. The OO will finalize each task order with the COR, accounting for actual Contractor performance within that seven (7) day period or when practicable after large operations. The OO will submit a “final task order” to G8 for validation, once validated the OO will forward validated TO too the Contractor for invoicing. The Contractor shall submit an invoice for payment to the COR for certification within 30 calendar days after receiving final TO, whereas the COR will validate & certify the Contractors invoice for processing.

** NOTE** Any invoice summited to the COR for certification prior to the “dated TO validated by G8” will not processed/certified and returned to the Contractor for reissue.

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 supplies, materials, or other services sourced on behalf of the USG.

4.3.1 Vendor Invoice or Receipt. The Contractor shall substantiate OOP Expenses by submitting the paid vendor invoice or receipt to the COR/OO. 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 TO template.

4.3.1.1 Items purchased/rented shall be identified on the TO template (MISC. Tab) form by the OO and certified as necessary by the COR. The 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 receipt/invoice as substantiating documentation. The USG will not reimburse for any miscellaneous expenses without all substantiating documentation (vendor receipt/invoice) attached. For miscellaneous supplies and durable goods not listed under a specific schedule, compensation shall be at reimbursement OOP expense.

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

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

4.3.2.4 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.

4.3.2.5 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 or commercial truck) 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 when services (if provided) for those vehicles or aircraft (if applicable) are operated/driven by the Military or US civilian. All other Commodity rates shall apply for all other cargo fully handled by the Contractor.

• Commodity 20 – Breakbulk - Explosives packed/stacked in/on pallets, crates, boxes (includes gases, or radioactive).

• Commodity 25 – Containers - Explosives packed Containers in 20’and 40’ lengths or multiple knuckled smaller containers configured into Twenty Foot Units (TEU).

• Commodity 35 – Aircraft.

• Commodity 40 – Breakbulk.

• 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 smaller containers configured into Twenty Foot Units (TEU).

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

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

• Management & Supervision

• All planning activities

• General labor, Skilled labor, Skilled drivers, and Stevedore & Longshoremen

• Contractor Furnished Equipment (CFE) i.e., Material Handling equipment (MHE) and its driver/operator, gear, mechanics tools (manual & air), shop equipment, rigging, spreader bars, slings, wire rope, hooks, shackles, straps, and Military style slave cables & tow bars (assorted sizes)

• Ground transportation: i.e., trucks, van, buses, contact maintenance vehicle, tow-vehicles

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

• Cargo accountability, cargo inspections, lashing & unlashing cargo and lashing inspections for vessel movement

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

• Cargo management (i.e., towing, contact maintenance, safety/environmental)

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

• Staging yards and cargo management (i.e., cargo consolidation, frustrated)

• Port handling/tariff costs related to cargo handling and movement.

• Biosecurity fees associated to USG cargo handling.

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

4.5.1.2 In addition, commodity rates, are intended as one time 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 staging plan) or from point of rest to/from Common-User Land Transportation (CULT) assets (i.e., Military or Commercial trucks). Other than for Tallying & Checking cargo, cargo consolidation, stopping the flow of cargo from “staging to vessel/truck/rail” or from vessel/truck/rail to staging is for the convenience of the Contractor and at contractor expense, the USG will not pay additional cost associated to double handling the USG’s cargo unless approved by the COR in advance.

4.5.2 Commodity Pricing. The USG shall compensate the Contractor for each single vehicle, trailer, container, or aircraft handled. The Unit of Measure (UOM) shall be i.e., EACH (EA) e.g.

(Containers, Vehicles, Orphaned trailers, and Aircraft. Commodity category (25, 35, 44, 45, 60, 61, 67) - EA)), vehicles/trailer combinations will be considered one piece. for Breakbulk cargo the UOM used is “Measurement Ton (MTON)” Breakbulk (BB) (20, 40) - MTON)), BB secondary loaded, nested, stacked on vehicles or trailer will be considered part of prime vehicle/trailer and counted as one unit . See also SOR for further description and definitions.

4.5.2.1 Each commodity further divided by handling method, shall infer loading or discharge Lift-On/Lift-Off (LO/LO), Roll-On/Roll-off (RO/RO), Tow-On/Tow-Off (TO/TO). (Please refer to appendix B of the Glossary or the SOR for further definition).

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

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

4.5.4 Exceptions to Commodity Rates. Cargo shipments received, for which no commodity rate(s) were established. The Contractor shall handle using the XL and Equipment Rental Rates (EQR) rates (if needed) as established in schedule 2 & 4 of the SOR. If the COR determines it is necessary to establish additional commodity rates, the COR will advise the CO for a SOR modification for the remaining period of the contract.

4.6 TABLE 1— Cargo Handling (Services) Operations .

**NOTE: The USG refers to the following cargo handling table (as definitions); the table does not define each as separate billable item(s). Example: Schedule 1A1 - Loading Vessel. Loading cargo on a vessel will inherently include moving cargo from its staged place of rest (regardless of method) aboard the vessel. Once aboard the vessel the cargo is stowed in its designated stow location; this includes but is not limited to driving, towing, or draying the cargo aboard the vessel, lashing/securing/tiedown, lashing inspections, documentation, foot printing, Tallying & Checking , debris removal, housekeeping, and reconciling the operation with the COR.

4.6.1 TABLE 1

Operation Definition

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

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

Receipt or reception only

The act of documenting cargo arriving into the port, by military convoy.

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

Lashing and Un-lashing (only)

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

Stuffing The act of loading/moving cargo from its place of rest loaded in/on a container, or onto flat rack(s).

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

Stripping The act of discharging cargo from trailers, flatbeds, MAFI’s, to its final place of rest.

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

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

4.7.1 Documented Evidence. The Contractor shall provide to the COR approved documentation (time sheets or logbook) justifying all ordered labors time, detention time, stand-by time, guaranteed time, or overtime, at the end of each shift wherein the work is compared to the USG Timekeeper’s logbook/records for completion of the MSDDC Form 288 for approval of compensation. The Contractor shall obtain COR/OO written pre-approval to work in all conditions specified under guaranteed time, standby time, detention, extra labor, or overtime.

Failure to follow the above shall preclude compensation except with CO approval.

4.7.2 Guaranteed time. Guaranteed time, defined as minimum work guaranteed per published Australian labor agreements rates. The USG shall pay guaranteed time to the Contractor when labor is ordered, but work is no longer available. Guaranteed time is in addition to commodity rates during a commodity operation, or when schedule work last less than minimum time guarantees, whereas the Contractor will be compensated at the established rates in Schedule 3C of the SOR. (Example: if minimum work time is (4) hours whereas operation last only two hours.

The USG will pay the difference in man-hour rates of two hours guaranteed time using hourly base rate (schedule 3C) per each class of verified labor at the work site by the COR

4.7.2.1 The USG will not pay guaranteed time to the Contractor where written published record does not exist. In no case will the USG pay guaranteed time when labor is ordered but the Contractor is unable to provide sufficient personnel to conduct the operation or when labor refuses to perform the services for which ordered.

4.7.2.2 The USG shall not pay guaranteed time separately to any class of labor/gang working commodity in conjunction with other classes of labor until completion of commodity activity; or any part of a gang not required on a commodity activity. For example, (vessel) unloading operation is inclusive of unlashing and unloading cargo to its designated place of rest or stow under one commodity rate 1A2. Lashers who finish unlashing are still on commodity work (i.e., not guaranteed or detention time) until drivers complete unloading and staging cargo in its final point of rest and all Checking & Tallying are completed. During a load operation (vessel) drivers complete the load, they remain on commodity rates until lashers have completed all lashing and all Checking & Tallying, and lashing inspections are completed. While any portion of labor/gang to include checkers/supervision working commodity, all are listed as commodity.

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

4.7.3 Detention. Detention is defined as time lost due to work stoppage or interruption of work during commodity operation for causes beyond the control of the Contractor. Causes include but are not limited to changes in vessel, truck schedule and/or operational plan (i.e., change to staging or stow plans). Should the USG change planned work, halt work, or alter other plans during an operation, the COR will notify the Contractor. The Contractor shall advise the COR if able to continue working where work is available, and the Contractor may be directed by the COR to shift their labor to another location to reduce detention time.

4.7.3.1 Guaranteed time, Stand-by Time and Detention are subject to the following:

• The COR or designated representative will negate the cause and/or direct the Contractor to stand-by or detention.

• Guaranteed time, Stand-by Time computed to the nearest 5-minute multiple.

• Detention time paid in lieu of XL base pay rates.

• When detention time occurs during a commodity operation, the Contractor shall absorb the first fifteen (15) minutes or less. The Contractor’s time will be captured by the COR on the MSDDC Form 288 as Detention (D). The USG will pay the Contractor at the established detention rates per Schedule 3A of the SOR for all affected labor, including checkers and equipment operators for each detention period more than fifteen (15) minutes including the first fifteen-minute period thereof and each minute there-after. The USG will not pay detention time for CFE/MHE.

• During a commodity operation, the USG shall not pay detention separately to any class of labor/gang working commodity in conjunction with other classes of labor working the same commodity operation or any part of a gang not required on a commodity activity.

For example, unloading operation is inclusive of unlashing and unloading cargo to its designated place of rest or stow under one commodity rate. Lashers who finish unlashing are still on commodity time (i.e., not guaranteed or detention time) until drivers complete unloading and staging cargo in its final point of rest or stow and all tally and checking and inspections are completed. During a load operation, after drivers complete the load, they remain on commodity rates until lashers have completed all lashing and all tally and checking, and inspections are completed. While any portion of labor, to include checkers, are working commodity, all are listed as commodity.

• When the Contractor is working ordered Extra Labor (XL) operations, the USG shall not pay detention, standby time or guaranteed time for labor.

• Any lost time due to Contractor fault is for the Contractor’s account, and stand-by, detention and/or extra labor rates shall not be paid.

4.8 The Contractor shall provide to the COR approved documentation (time sheets or logbook) justifying all ordered labors time, detention time, stand-by time, guaranteed time, or overtime, at the end of each shift, workday, or end of an operations wherein work shall be compared to the USG’s Timekeeper’s logbook/records for completion of the MSDDC Form 288 for approval of compensation.