DRAFT PWS - MOTSU - 7 Dec 21.pdf

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PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

MILITARY OCEAN TERMINAL SUNNY POINT

Stevedoring and Related Terminal Services (S&RTS)

Performance Work Statement

For

Military Operations Terminal 596th Transportation Brigade

Military Ocean Terminal Sunny Point Southport, NC 28461

07 December 2021

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TABLE OF CONTENTS

Section Topic Page

1.0 Background & Scope 2

2.0 General Security Requirements 3

3.0 General Safety Requirements 8

4.0 General Contract Administration 14

5.0 General Contractor Requirements 28

6.0 Terminal Specific Requirements 43

Contract Performance Requirements Summary (PRS) Table 65 Appendix A Regulations, Publications, & Forms 72 Appendix B Glossary of Terms 76 Appendix C Payment Instructions 87 Appendix D List of Acronyms & Abbreviations 91 Appendix E Foreign Entity Vetting 93

1. BACKGROUND AND SCOPE.

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

1.2 Scope. Provide Stevedoring and Related Terminal Services (S&RTS) managed through the Defense Transportation System (DTS) at Military Ocean Terminal-Sunny Point (MOTSU) located in Southport, North Carolina. S&RT services will consist primarily of importing and exporting ammunition and explosives, or other DTS sponsored cargo. This Performance Work Statement (PWS) will cover the full spectrum of handling surface moving cargo from cargo reception to disposition, cargo documentation, stuffing and unstuffing containers, explosive sampling, cargo transfers, in-transit storage and processing cargo for simultaneous shipments via multiple surface modes of transportation as designated by the Contracting Officer (CO) or their appointed Contracting Officer’s Representative (COR), Alternate Contracting Officer Representative (ACOR) and Ordering Officer (OO).

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

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

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

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

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

2. GENERAL SECURITY REQUIREMENTS.

2.1 General security requirements of the Contractor are defined within this section.

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

2.2 The overall classification of work associated with this contract is Controlled Unclassified Information (CUI). Personnel assigned to this contract will not require access to Non-Secure Internet Protocol Router Network (NIPRNet) applications or UNCLASSIFIED government systems and are therefore not authorized to obtain a Common Access Card (CAC) or Alternative Smart Card Logon (ASCL) tokens.

2.3 Ground Rules and Constraints.

2.3.1 Personnel Screening. The Contractor shall screen all employees to ensure they do not have criminal records with local law enforcement agencies or the federal Government. The Contractor shall also screen employees for terrorism or threat-related activity or alliances detrimental to the USG. The Contractor shall also screen all prior United States (US) military personnel in their employ for military service criminal offenses. The Contractor shall not employ any person under this contract who is simultaneously an employee of the United States Government or found to have criminal records or terrorism or threat-related activity or alliances.

2.3.2 Screening. Screening shall complement applicable badging processes and enhance Force Protection measures through document examination; verification; and biographical and security interviews. Any applicant who refuses screening shall result in denial of applicant’s access for employment or termination. Once applicant screening process is complete, screening cell shall forward the packet with recommendation concerning that applicant’s suitability for access. Any derogatory information may result in applicant’s access denial or termination. Applicants who have been denied access due to derogatory information may file an appeal to the PCO for review.

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

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

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

2.3.6 The Contractor shall comply with all requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to the Contractor’s failure to comply with the applicable Port, Facility or Installation Access Control processing requirements.

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

2.3.8 Derogatory Information. If the Government notifies the Contractor that employment of any contractor employee is prejudicial to the interests or endangers the security of the United States of America, the Contractor shall remove and bar that person. This includes security deviations/incidents and credible derogatory information on contract members during the course of the contract period. The Contractor receiving award of this task order shall make any changes necessary in the appointment(s).

2.3.9 Operations Security (OPSEC). All information furnished to the Contractor is Controlled Unclassified Information (CUI). The Contractor is required to be aware of OPSEC requirements from SDDC. Information determined as CUI or included as part of the OPSEC Critical Information List (CIL) is not releasable to the public. The Contractors personnel shall protect privacy, sensitive information, and “CUI” data for duration of the performance of this contract.

2.3.10 Threat-related incidents. Persons employed by Army contractors will report threat-related incidents, behavioral indicators, and other matters of Counter-Intelligence (CI) interest specified in AR 381-12, Chapter 3, to the Facility Security Officer, the nearest military CI Office, the Federal Bureau of Investigation, or the Defense Security Service.

2.3.11 Foreign Entity Vetting. The Contractors shall submit a semi-annual report to the CO for each first tier foreign transportation service provider, operating as a separate legal entity, contracting directly with contractor or its commonly owned legal affiliate which has employees who may have physical contact with Government shipments in the ordinary course of contract performance. See appendix E for further instruction for this requirement. Compensation for services defined in this paragraph are included in the commodity rates established in the SOR.

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

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2.3.13 Vehicle Identification. The Contractor shall ensure all company owned or personally owned vehicles (POV) used in the performance of this contract entering MOTSU shall be in compliance with proper licensing, insurance and safety inspections meeting state registration requirements. All POV's entering MOTSU shall be subject to base rules and regulations.

2.3.13.1 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. Personally Owned Vehicles (POV) shall not be authorized in and around Government 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.

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

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

Department of Defense (DOD):

• 2000.12 (DOD Antiterrorism (AT) Program)

• 2000.16 (DOD Antiterrorism (AT) Standards)

• 5200.01 Volumes 1-3, (DODM Information Security Program)

• 5200.02 (DODM Procedures for the DOD Personnel Security Program)

• 5200.08-R (DOD Physical Security Program)

• 5220.22-M (National Industrial Security Program)

• 8500.1 (DODI Cyber Security)

Department of Army (DA):

• AR 25-2 (Information Assurance)

• AR 190-13 (Physical Security Program)

• AR 380-5 (Department of the Army Information Security Program)

• AR 380-20 (Restricted Areas)

• AR 380-49 (Industrial Security Program)

• AR 380-67 (Personnel Security Program)

• AR 381-12 (Threat Awareness and Reporting Program)

• AR 525-13 (Antiterrorism)

• AR 530-1 (Operations Security)

• Army regulations found at: http://www.army.mil/usapa/epubs/

Surface Deployment and Distribution Command (SDDC):

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• SDDC Regulation 190-1 (SDDC Security Program)

• SDDC Regulation 530-1 (SDDC Operations Security Program)

• SDDC Regulation 380-5 (SDDC Information Security Program)

• SDDC Regulation 525-13 (SDDC Antiterrorism Program)

2.4 Cyber Security

2.4.1 Operationally Critical Support. The services designated under this contract are “operationally critical support” as defined in DFARS 252.204-7012.

2.4.2 Cybersecurity Incident Reporting

2.4.2.1 In addition to the DFARS 252.204-7012 reporting requirements for unclassified systems and DOD Manual (DoDM) 5220.22, National Industrial Security Program Operating Manual (NISPOM) for classified systems, reportable cyber-incidents include, but are not limited to, the following:

2.4.2.1.1 Unauthorized data exfiltration, manipulation or disclosure of any DOD information resident on or transiting the contractor's unclassified or classified information systems or networks.

2.4.2.1.2 Unauthorized access to the contractor’s unclassified or classified information system(s) or networks(s) on which DOD information is resident or transiting.

2.4.2.1.3 Cyber-incidents as listed in the MITRE ATT&CK Framework available at https://attack.mitre.org/, incorporated herein by reference, which affect network or information systems where DOD information is resident or transiting.

2.4.2.1.4 Notifications by a federal, state, or local law enforcement agency or cyber-center (i.e., National Cyber Investigative Joint Task Force (NCIJTF), National Cybersecurity & Communications Integration Center (NCCIC)) of being a victim of a successful or unsuccessful cyber-event, anomaly, incident, insider threat, breach, intrusion, or exfiltration.

2.4.2.2 If the cyber-incident affects a classified system, vulnerabilities associated with the incident will be classified per the current version of USTRANSCOM Instruction 31-02, Security Classification Guide.

2.4.3 Cybersecurity Incident Reporting Timelines. In addition to providing the notification required by DFARS 252.204-7012, the contractor is required to notify USTRANSCOM as soon as practicable, but no later than 24 hours after discovering a reportable cyber-incident. The reporting timeline begins when the incident is discovered or reported to the company, its employees, contractors, or cybersecurity firm responsible for providing cybersecurity and response for the company. The contractor shall contact the USTRANSCOM Cyber Operations Center (CyOC) via phone at 618-220-4222. If the contractor does not immediately reach the CyOC via phone, the contractor shall send an email notification to transcom.scott.tcj6.mbx.cyoc@mail.mil.

2.4.4 Mandatory Reporting Data

https://attack.mitre.org/ mailto:transcom.scott.tcj6.mbx.cyoc@mail.mil

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2.4.4.1 The contractor shall work with the USTRANSCOM CyOC through resolution of the incident. Within 24 hours of becoming aware of a reportable cyber-incident, the contractor shall provide an initial notification of the incident, even if some details are not yet available, which includes, but is not limited to, the following information:

(a) Company Name

(b) Who will be the POC with contact information

(c) Contracting Officer POC (name, telephone, email)

(d) Overall Assessment –Description of incident, data at risk, mitigations applied

(e) Indicators of compromise

(f) Vector of attack (if known)

(g) Estimated time of attack (if known)

2.4.4.2 The contractor shall provide a follow-on cyber-incident report to the USTRANSCOM CyOC within 72 hours of becoming aware of a reportable cyber-incident, which includes, but is not limited to, the following information:

(a) Contractor unique Commercial and Government Entity (CAGE) code

(b) Contract numbers affected

(c) Facility CAGE code where the incident occurred if different than the prime Contractor location

(d) POC if different than the POC recorded in the System for Award Management (name, address, position, telephone, email)

(e) Contracting Officer POC (name, telephone, email)

(f) Contract clearance level

(g) DOD programs, platforms, systems, or information involved

(h) Location(s) of compromise

(i) Date incident discovered

(j) Type of compromise (e.g., unauthorized access, inadvertent release, other)

(k) Description of technical information compromised

(l) Any additional information relevant to the information compromise

2.4.5 Incident Reporting Coordination

2.4.5.1 In the event of a cyber-incident, USTRANSCOM may conduct an on-site review of network or information systems where DOD information is resident on or transiting to assist the contractor in evaluating the extent of the incident and to share information in an effort to minimize the impact to both parties. Date and time of on-site visits will be mutually agreed upon by USTRANSCOM and the contractor in advance.

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2.4.5.2 The contractor agrees to allow follow-on actions by the Government (e.g., USTRANSCOM, Federal Bureau of Investigation, Department of Homeland Security, DC3, etc.)

to further characterize and evaluate the suspect activity. The contractor acknowledges that damage assessments might be necessary to ascertain an incident methodology and identify systems compromised as a result of the incident. Once an incident is identified, the contractor agrees to take all reasonable and appropriate steps to preserve any and all evidence, information, data, logs, electronic files and similar type information (reference NIST Special Publication 800- 61: Computer Security Incident Handling Guide, (current version)) related to the incident for subsequent forensic analysis so that an accurate and complete damage assessment can be accomplished by the Government.

2.4.5.3 The contractor is not required to maintain an organic forensic capability, but must ensure data is preserved (e.g., remove an affected system, while still powered on, from the network) and all actions documented until forensic analysis can be performed by the Government or, if the Government is unable to conduct the forensic analysis, a mutually agreed upon third party (e.g., Federally Funded Research and Development Center (FFRDC), commercial security contractor, etc.). Any follow-on actions shall be coordinated with the contractor via the Contracting Officer.

2.4.5.4 The contractor agrees to indemnify and hold the government harmless for following any recommendations to remedy or mitigate the cyber-incident following the actions under 2.4.5.1 and 2.4.5.2.

2.4.6 Confidentiality and Non-Attribution Statement. The Government may use and disclose reported information as authorized by law and will only provide attribution information on a need-to-know basis to authorized persons for cybersecurity and related purposes (e.g., in support of forensic analysis, incident response, compromise or damage assessments, law enforcement, counter intelligence, threat reporting, and trend analysis). The Government may share threat information with other USTRANSCOM industry partners without attributing or identifying the affected contractor.

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 contact are further defined in Section 6.0 –Port - Terminal Specific Requirements (safety). All Army Safety Regulations can be found at http://armypubs.army.mil

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

3.2.1 Safety Stop. The Government reserves the right to halt/stop the Contractors operations http://armypubs.army.mil/

Page | 9 when the Safety Officer, COR, or other Government representative observes unsafe practices or safety violation; where harm to life or damages to property are possible. The Contractors operations shall not resume until at such time as the Contractor corrects and revises their methods of operation to correct safety violations, to the Safety Officer’s satisfaction. The Government shall not compensate the Contractor for any time lost incurred by the safety infraction whereas the Government may hold the Contractor liable for any costs incurred to the Government, resulting from operations halted due to the Contractors unsafe practice or violation.

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

3.3.1 Personnel Protective Equipment (PPE). The Contractor shall ensure all contractor personnel, to include subcontractors wear proper PPE, to include but limited to: safety vest, steel-toed boots, hard hats, leather gloves, and long pants. Hard hats must be warn at all times when working in “designated hard hat areas”, and at minimum wear hardhats aboard vessel(s), wharves, terminal warehouses, rail yards and open storage/staging areas when in and around military cargo.

3.4 Shift Change. The Contractor shall provide fresh labor at the beginning of each shift who shall have at least eight (8) hours of rest between shifts before starting other work.

Exceptions to the above shall be at the unit Commanders discretion, and decision whether contracted labor may work beyond this requirement, based on Safety Officer Risk Assessments to the Government and mission time restraints.

3.5 Emergency Response Plan. The Contractor shall provide a comprehensive safety and security “Emergency Response Plan (ERP)”. The plan will clearly outline procedures for emergency HAZMAT cleanup, or POL spills from military cargo shipments, or leaking Material Handling Equipment (MHE) (for example forklifts, tugs, and container top handlers) owned or leased by the Contractor, to include mitigating damage to property or the environment. When the Contractor does not have sufficient resources of his own, the Contractor shall immediately arrange for outside emergency response personnel who specialize in spill containment and clean

up. The Contractor shall pay for any such clean up resulting from the Contractor’s equipment or leaks caused by the Contractor by damage to military cargo shipments and must comply with hazardous spill procedures in the Emergency Response Plan.

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

3.5.2 Leaking Cargo Shipments. Any military cargo found leaking POL or hazardous substances not caused by contractor’s damage, the Contractor shall not be responsible for the cost of cleanup. However, the contractor shall attempt to contain the leak and clean up the spill.

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The Contractor shall report immediately to the COR and Port Emergency Response Officer for any leakage or spillage of hazardous substances on the ground or any leakage or spillage. The Contractor shall not move any cargo leaking or spilling any substance hazardous or not, to which the contractor shall be responsible for its cleanup at their expense. The Government shall compensate the contractor for cleanup at established man-hour rates, and for materials used in the process of the cleanup shall be at OOP cost reimbursable expense.

3.5.3 Port Emergency Response Officer. The Contractor shall follow the directives provided by the Port Emergency Response Officer who will be responsible for assuming command and control of the situation by securing the scene, providing incident command and control, evacuating personnel, stopping the release, containing spills and decontaminating personnel.

Any clean-up efforts will be tracked by the Contractor and reported to the COR.

3.5.4 Spill Contingency and Response Plan. The Contractor shall comply with all applicable environmental laws and regulations pertaining to marine and port facilities to include but not limited to: A written Spill Contingency and Response Plan shall be submitted to the COR within ten (10) calendar days of contract award. At a minimum, this plan shall comply with all applicable directives of the environmental guidance and instructions per the United States Coast Guard (USCG). The Contractor’s Spill Contingency and Response Plan (SCRP) shall specifically describe how the Contractor will prevent and respond to spill incidents. In addition, an acceptable secondary containment plan must be submitted in writing as part of the Spill Contingency and Response Plan.

3.5.5 In the event of accidental or deliberate discharge and the Contractor fails to mitigate and report the environmental hazard or spill, the Contractor shall be held liable for all costs associated with the incident.

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

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

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

3.6 Government Equipment Operation and Familiarization. The Contractor employees assigned to operate Government-owned or Government-leased equipment in the performance of their contract will be in compliance with the licensing requirements of the USG and applicable motor vehicle laws and certified, by the contractor and at the contractor’s expense, as being fully

Page | 11 qualified to operate the equipment which they are assigned. IAW Army Regulation (AR) 600- 55, The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing. At minimum, personnel operating USG military vehicles will be familiarized in:

• Basic hand and arm signals

• Emergency stopping procedures

• Start-up and shutdown procedures

• Location of controls

• Demonstration of vehicle blind spots

• Preventive maintenance checks and services

The prime contractor must document all required operator qualifications and provide this documentation (Commercial Driver’s License (CDL), with hazardous material endorsements)) to the COR prior to the Contractor’s personnel engaging in equipment operation. The COR will retain this documentation for record. If the Government makes “operation and familiarization” training available onsite, the Contractor shall attend training those training events at Man-hour rates per Schedule 2 of the SOR. The Contractor shall ensure that sufficient pools of equipment operators are available to operate Government equipment within confines of the port (29 CFR 1917) as required.

3.6.1 Operating Government Equipment. The Contractor shall ensure personnel operating Government equipment on MOTSU possess valid state vehicle driver’s license.

3.6.1.1 Commercial Truck Drivers. The contractor shall ensure when commercial drivers are picking up Hazardous Materials (HAZMAT), to include Arms, Ammunitions and Explosives (AA&E) commercial truck drivers are properly licensed and shall have the appropriate HAZMAT endorsement before releasing cargo.

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

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

3.6.4 The Contractor shall provide as part of this contract two (2) POCs with HAZMAT certification for oversight in handling hazardous cargo IAW CFR49 Part 172.704(d) for each operation and port location when handling HAZMAT cargo. The POC will ensure that their employees comply with “DFARS 252.223-7002; SAFETY PRECAUTIONS FOR

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

MANUAL FOR AMMUNITION AND EXPLOSIVES and DESR 6055.09; DEFENSE EXPLOSIVES SAFETY REGULATION in handling ammunition and explosives. The Contractors personnel shall meet the qualification for personnel who pack dangerous goods;

load/unload cargo transport units; handle dangerous goods in transport; load/unload dangerous

Page | 12 goods into/from ships as specified in IMDGC Chapter 1.3; Training and 49CFR Part 172 Subpart H; Training.

3.6.4.1 The Contractor shall provide the COR with a list of names each day of those drivers assigned to handle HAZMAT, or ammunition laden cargo per operation. The list shall include a statement from the Contractor verifying that individuals performing these driving functions comply with All Army Activities (ALARACT) Message 069-2014 and AR 600-55. Note** “Army directives and regulation may change at any time”. The Government reserves the right to stop Contractor personnel at any time to verify their qualifications against the approved list of personnel scheduled to perform these functions. Any person found non-compliant, the Contractor shall remove from handling cargo and the incident reported to the COR, who shall report the incident in the monthly performance report.

3.7 Safety Briefings. The Contractor shall, as part of all commodity and extra labor operations, conduct and document safety briefings for all workers prior to all operations and at each shift change. The Contractor must provide a safety brief to new personnel as they are added. The Contractor will conduct safety briefings with the presence of a SDDC Government representative. The COR or SDDC Safety Officer may provide the Contractor with a checklist of safety and security topics to brief the Contractors labor prior to the start of vessel or terminal operations and may also participate in these briefings. Safety briefings conducted by the Contractor will relate to the type of operation (e.g. truck, vessel, rail, yard, crane, etc.), and, at minimum must meet, local authority and/or DOD regulatory guidance, whichever is more stringent. The Contractor shall conduct safety briefings in both English and, as applicable, in the Host Nation local language. Safety briefing shall include the following basic information:

3.7.1 Overall General Safety Requirements

• Work tasks performed

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

• Injury and property damage reporting procedures

• Required PPE for personnel on the terminal

• Designated smoking areas

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

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

(PFDs)

• Weather/temperature conditions

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

• Walking/Tripping Hazards

• Pedestrian and traffic movement

• Gangway & Ramp Safety

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

3.7.2 Traffic Safety

• Driver distractions (no cell phones)

• Mandatory seat belts use

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• Pier specific vehicle procedures - lights, keys, mirrors etc.

• Speed limits – pier side, staging yards, and on the vessel

• Parking locations

• Traffic Flow

• Use of ground guides when moving (ramp/backing/stow)

• Rail crossings (if applicable)

3.7.3 Task or Terminal-Specific (as applicable)

• Terminal and yard configurations, distinctive characteristics

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

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

• Vessel safety (ramps guards, ramp traffic)

• Ladder Safety

• Use of fall protection

• Safe lifting and lashing procedures

• Unusual loads

• Net Explosives Weight (NEW) Limits

• Evacuation distances and rally points

• Fire-Fighting Guidance

• First Aid (process/locations)

• Report all dropped containers/munitions

3.8 Government Safety Briefing. The Government, at its discretion, may conduct safety stand-down briefings when necessary and per local Commander’s guidance. Briefings are typically conducted after a major safety incident and are not conducted in lieu of any other safety briefings. All contractor employees scheduled to work at the time of the briefing shall attend.

The Government will provide time and location information to the Contractor. Briefings may include information from above or other information, per the Commander’s guidance. The Contractor shall be compensated at detention rates in Schedule 3A as established in the SOR.

3.9 Operation of Contractor equipment. The Contractor must maintain and operate all Contractor equipment used during operations IAW applicable local authority, laws and DoD regulations, Army, port, and terminal regulations, directives, instructions and pamphlets, whichever are more stringent. Cargo damage or injury related to use of non-compliant or improper equipment use will result in immediate non-use of Contractors equipment until replaced or action taken to repair equipment. The Contractor will replace any non-compliant equipment to minimize any delay or hindrance to operations. The Contractor must notify the COR when the equipment is made compliant and before used again.

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

3.10.1 Reportable Accident(s). In all instances where a reportable accident (meets the minimum criteria IAW AR 385-10 & DA PAM 385-40 for ground Class A–D accidents) or

Page | 14 incident occurs, contractor shall submit a preliminary accident investigation report to the COR and SDDC Safety Officer within 24 Hours. The Contractor shall follow-up with a full accident investigation report identifying all root causes and corrective actions provided to the COR and HQ SDDC Safety within 30 Days. The Contractor will also report all accidents or cargo damages that do not meet minimum criteria to the COR by end of each shift during the operation.

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

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

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

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

3.10.3 Reporting Timelines and Requirements

3.10.3.1 Accident Information Required from Contractor Within 8 Hours of Incident:

• 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

• Identify extent of injuries and if medical treatment was administered

3.10.3.2 Accident Information Required From Contractor at 24 hours:

• Status of injured personnel

• Pictures of effected equipment

• Training certificates/licenses for personnel involved in incident

• Maintenance records of equipment involved in incidents

3.10.3.3 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

Page | 15

3.11 Hazardous Spills & Supplies. At no additional cost to the Government, the Contractor shall maintain supplies for emergency response for hazardous spills on public roadways and thoroughfares within the port. The Contractor shall immediately contain the spill and wait for emergency chemical response team to arrive. At no additional cost to the Government, the Contractor shall maintain supplies for routine maintenance releases. These supplies shall be available or accessible, in a quantity and size, (determined by the Contractor), to resolve a ten

(10) gallon spill or five (5) cubic feet of materials, wastes, or contaminants that may potentially affect or impact the environment. The Contractor shall clean and dispose of waste materials per environmental standards.

3.12 Posted Speed Limits. The Contractor shall adhere to all port speed limits “unless otherwise posted” as directed or as defined by the SDDC Commander and SDDC Safety Officer.

For all SDDC vessel operations at all terminals/ports, “unless otherwise posted” the speed limit inside vessel, on vessel ramps, and dock/pier is <5 MPH. In all SDDC Staging areas, “unless otherwise posted” the speed limit is 10 MPH or less. “Unless otherwise posted” MHE speed limit is 10 MPH or less.

3.13 Manning Traffic Control Points (TCP’s). The Contractor shall provide manning for traffic control points to include equipping TCP’s with signal devices for day and night operations. Compensation for TCP’s shall at established Man-Hour rates schedule 2 of the SOR.

4. GENERAL CONTRACT ADMINISTRATION.

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

4.1.1 Port Licensing and Permits. The Contractor or its named Subcontractor shall possess a valid and current Business License (BL) issued by the State of North Carolina as evidence they can legally work MOTSU and must provide upon award, copies (prime and subcontractors) to the Contracting Officer (CO) for record.

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

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

4.1.3 Contract Managers. The Contractor shall provide a contract manager(s) and at least two (2) alternates who shall be responsible for the performance of the work. The Contractor shall provide telephone numbers for 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

Page | 16 operations. The contract manager(s) and their alternates must be able to read, write, speak, and understand English fluently.

4.1.3.1 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.

4.1.4 Multiple Work Sites. During the performance of this contract, the Contractor will work simultaneous cargo handling operations, at multiple work sites, on MOTSU to include but not limited to working multiple vessel operations (working multiple decks/holds simultaneously), containerization operations, reception and disposition services of rail and commercial trucks, operating staging and call forward areas including designated areas or facilities for washing or fumigating cargo and in-transit/intra-terminal transfers. The Contractor shall have their contract manager(s) or alternates present at each work site and accessible to the COR at all times. All other times (i.e. outside cargo operations) the contract manager(s) or designated alternate(s) shall be available to the COR by telephone.

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

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

4.2 Ordering Services. All longshoring and/or stevedoring services performed IAW this PWS will be ordered using a Task Order (TO) system. Initial task orders will be estimated and assigned a TO number and issued by the appointed Ordering Officer (OO) to the Contractor authorizing the contractor to provide the ordered services and IAW the clause of this contract.

4.2.1 All services shall be identified by the COR and conveyed to an appointed OO. The OO will develop an initial commodity, man-hours, or miscellaneous cost estimate identifying all services agreed upon between the COR and the Contractor as soon as practicable and prior to the start date & time for each day S&RT services are ordered. This initial estimate will be processed and a Task Order (TO) with TO number will be issued. No services shall be performed by the Contractor without an issued TO number. Task orders will incorporate terminal services and vessel work separately. Terminal services will be calculated by the documented week (Doc- Week (DW), Sunday – Saturday) and vessel work will be per vessel. Any work performed without an issued TO shall be at the expense of the Contractor.

4.2.2 Verbal request. During any operation, the COR may also verbally identify additional labor, services or equipment needed to the Contractor when necessitated by the operation and issue a signed written request. The Contractor shall present those written request to the OO 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 (log book, tally sheets, and time sheets). The COR and Contractor shall agree and shall sign (digital or wet signature) the SDDC 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 7 days or when practicable after large

Page | 17 operations. The OO will submit a final amended task order to the Contractor for invoicing. The Contractor shall submit an invoice for payment to the COR for certification and the COR will submit the invoice for processing.

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

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

4.3.1.1 OOP expenses do not include expenses inherent to performing Terminal Services. OOP expenses are for the purpose of purchasing new supplies or non-durable goods. The Contractor shall obtain written approval from the CO or COR for each item requested. All such materials or supplies shall become Government property and the Contractor shall recover all serviceable materials and supplies from each operation for re-use in subsequent ordered operations when possible. The Contractor shall gain prior written approval before the purchase of additional materials from the CO for OOP expenses exceeding the threshold of $3,500 per individual item, additionally administrative fees (e.g.; delivery charges or taxes) are allowable OOP expenses and compensation shall be set forth in Schedules 8 of the SOR.

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

4.3.3 3rd Party logistics (3PL). The Contractor may supplement terminal services with 3rd party services when outside commercial licensed or certified services are needed, examples include but not limited to agricultural vehicle or container pressure-washing services, pest and vegetation control, security services, and for specialized rental equipment. The Government shall reimburse the Contractor for actual cost (vender invoice or receipts required), and for any transportation expenses associated with furnishing ordered materials, equipment, supplies, and 3PL services.

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

4.3.3.2 The Government may source specialized materials or third party vendors to support mission readiness at its discretion, and may direct the contractor to procure those materials or

Page | 18 services on its behalf and will compensate the contractor for 3PL supplies or services to include administrative cost at cost reimbursable OOP expense.

4.4 Training and Contingency Operations. The Government reserves the right to conduct training or in contingency, all or part of port operations with Department of Defense (DOD) personnel. During scheduled training or unscheduled contingency port operations the Government may elect to load or discharge any vessel or perform any related terminal operation.

During these scheduled training or contingency events, the Government may utilize military personnel for loading and discharging the entire or part of the vessel, or to conduct routine terminal or other port operations or any part of those operations thereof. Unless services are otherwise ordered, the contractor shall not receive any compensation for cargo handling operations conducted by the DOD during these scheduled training or contingency events, however the USG shall compensate the Contractor for ordered labor, equipment, or other facility support at established rates in the SOR.

4.4.1 The Government will inform the Contractor when such scheduled training or contingency operations are known, but no-later-than (NLT) 48 hours prior to the event. During these training or contingency special operations events, the Government may request from the Contractor to provide in part or normal S&RTS services, as determined by the COR then ordered by the OO.

The COR shall also determine classes of labor and equipment to support those designated DOD operations. The COR shall make the determination when ordering services from the Contractor the which is more advantageous to the USG for compensation for the Contractor at either Commodity Rates or Man-Hour Rates established in the SOR dependent upon the size and class of labor needed/ordered. Any Contractor equipment ordered/used shall be compensated at the Contractor equipment rental rates established in Schedule 4 or the SOR.

4.4.2 Vehicle Cargo. In addition to the above, the Government reserves the right to use skilled military drivers to operate, load, and discharge military vehicles and equipment (including foreign vehicles and equipment) at any time when determined by the COR. When skilled military drivers are utilized, the Contractor shall provide other designated support labor and equipment for all other stevedore related work (i.e. lashing, unlashing, or towing cargo) associated to that military operated cargo, as determined by the COR. The Government shall compensate the Contractor at Man-Hour Rates established in Schedule 2 of the SOR for only those pieces of cargo operated by military drivers. Commodity rates shall apply for all other cargo handled by the Contractor.

4.5 Commodity Operations. Cargo is divided into two general commodity categories:

containers and breakbulk. Each category shall be further classified by weight, and method of…