Jordan_3PL_DRAFT_PWS_26_August.docx

Stevedoring & Related Terminal Services

Performance Work Statement for

Port of Aqaba – 840th Transportation Battalion

Aqaba, Jordan

Stevedoring & Related Transportation Services Performance Work Statement

TABLE OF CONTENTS

Section Section Topic Page

1.0 BACKGROUND & SCOPE

The Contractor shall perform Stevedoring and Related Terminal Services (S&RTS) in the Seaport, Airport and any other duty locations in a manner consistent with the best commercial practices. Any work started before, and not completed by, the expiration of this contract shall be governed by the terms and conditions of this contract, unless otherwise requested by the Contracting Officer. Contractor shall provide stevedoring and related terminal services and management services to receipt, process, and/or load/discharge cargo via all conveyances as designated by the Contracting Officer or Contracting Officer’s Representative (COR). Contractor shall provide sufficient qualified labor, gear and equipment and materials to satisfy the scope of this contract, and make every effort to rectify any shortfall, for which the Government will pay Contractor at applicable commodity, equipment or man-hour rates as outlined in the Schedule of Rates.

1.3 Ground Rules and Constraints

1.3.1 Persons Excluded from the Premises- Contractor shall not allow any person banned by any authority from the premises to have access to terminal facilities, equipment, or other material related to terminal operations.

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

2.0 SECURITY

2.1 Overall performance classification of this PWS is Unclassified.

2.2 Contractor personnel are required obtain proper credentialing from seaport/airport security in order to access the commercial Port of Aqaba and the airport.

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

2.3.1 Personnel not requiring a NACI investigation but do require access to the port are required to obtain a Transportation Workers Identification Card (TWIC), or Port authority or host nation equivalent.

2.4 Once the contract is awarded, all names of the contractor employees needing a NIPR TOKEN (Non-Secure Internet Protocol Router Network) will be submitted to the 840th Transportation Battalion for vetting through the 595th Trans brigade S-2 to ensure investigative and clearance requirements have been obtained before the start date of the contract. A SF85P will be required for a NIPR TOKEN. The SF85P must be filled out with two copies; 1 digital and 1 printed with a wet ink signature below is the link to the SF85P. Tokens will only be issued to contractors as directed by the COR/ACOR.

(http://www.opm.gov/Forms/pdf_fill/sf85p.pdf)

As well, all personnel wishing access to the Port of Aqaba must provide the required documentation to the port authority. These steps will be completed prior to the Contracting Officer’s Representative (COR) / Trusted Agent (TA) submission of contractor employees’ names for the NIPR Tokens in the DoD Trusted Associate Sponsorship System (TASS). If a contractor’s employee does not have the appropriate investigative or security clearance requirement the contractor’s employee will be denied the ability to work in support of this PWS and will not be loaded into the TASS. Contractor employees will be loaded in TASS and have expiration on their NIPR TOKEN for the initial contract period. Upon approval of each option period a new NIPR Token will be issued with new dates for the subsequent option period only.

2.5 General Security Requirements

2.4.1 Personnel Identification- The Contractor shall furnish to his personnel an identifying badge, which shall include, as a minimum, the person’s name and the name of the Contractor. Each employee shall wear the badge chest high and such badge must be visible at all times.

2.4.2 Personnel Screening- The Contractor shall screen all employees to ensure they do not have criminal records with the US or Host Nation, and if Foreign National, within their home country. Contractor shall also screen employees to ensure they do not have terrorism or threat-related activity or alliances detrimental to the US or Host Nation. Contractor shall screen all prior US military personnel for military service criminal offenses. Contractor shall not employ any person under this contract who is simultaneously an employee of the United States Government. Use of 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.

2.4.3 Derogatory Information- If the U.S. Government notifies Contractor that employment or the continued employment of any Contractor personnel is prejudicial to the interests or endangers the security of the United States of America, that employee shall be removed and barred from the worksite. This includes security deviations/incidents and credible derogatory information on Contractor personnel during the course of the contract's period of performance. Contractor shall make any changes necessary in the appointment(s).

2.4.4 List of Direct Hire Personnel- Prior to commencing contract performance, Contractor shall furnish a list of Contractor’s direct hire personnel who will work under this contract to the COR/ACOR. Contractor shall keep this list accurate and report changes within forty-eight (48) hours of occurrence or prior to a new employee performing services under this contract. This list shall contain:

1. Name and address of each employee.

1. Copy of identification documents or driving license of each employee.

1. Copy of employment card or equivalent.

The contractor is responsible for keeping this listing accurate and reporting any changes within 48 hours of occurrence or prior to a new employee performing services under this contract.

Contractor shall ensure its employees meet U.S. Government guidelines regarding foreign national employment, and that its employees do not bring any contraband material into or out of any Government or Ports of the Kingdom of Jordan’s installation or facility.

2.4.5 Reporting Threat and Suspicious Activity: Contractor and all associated sub-contractors shall train all employees on local U.S. and Host Nation security procedures to report threats and suspicious activity. Contractor shall use this locally-developed training to inform employees of the types of behavior and signs to watch for and instruct employees to immediately report threats and suspicious activity to the COR and the appropriate local Security Office. Contractor shall ensure this training is completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award. Contractor shall report all accidents, injuries, damages, threats, or suspicious activity to Government cargo immediately to the COR.

2.4.6 Security Briefing- Contractor will conduct a security briefing prior to the start of all operations to include threat and suspicious activity reporting procedures, and physical and critical information security. Contractor will provide Port security contact information to all contract personnel. The COR shall receive a copy of the briefing via Email prior to each shift to ensure the contractor is abiding by proper procedures.

2.5 Information Security: Contractor shall ensure that information, whether classified or unclassified, is the direct property of the United States Government and that dissemination without prior authorization is prohibited.

2.6 Operational Security: All information furnished to Contractor is FOR OFFICIAL USE ONLY (FOUO). Contractor is required to be aware of Operational Security (OPSEC) requirements from the Military Surface Deployment and Distribution Command (SDDC) IAW SDDC Regulation 530-1 SDDC Operations Security (OPSEC) Program. Information determined as FOUO or included as part of the OPSEC Critical Information List (CIL) is not releasable to the public or other personnel who do not have an official need to know as determined by the Security personnel and conveyed to the COR.

2.7 Physical Security. Contractor is responsible for safeguarding all government property provided for Contractor use. At the close of each work period, Contractor shall secure all government facilities, property, and materials.

2.8 Cyber Security

2.8.1 Handling and Protection of Non-Public Information

In performance of this contract, the contractor may have access to DOD information. The contractor agrees (a) to use and protect such information from unauthorized disclosure IAW Department of Defense (DOD) Instruction 8582.0 l: Security of Unclassified DOD Information on Non-DOD Information Systems; (b) to use and disclose such information only for the purpose of performing this contract and to not use or disclose such information for any personal or commercial purpose; (c) to comply with other current Federal and DOD information protection and reporting requirements for specified categories of information (e.g., medical, proprietary, critical program information (CPI), personally identifiable information, export controlled); (d) to obtain permission of the Government Requiring Activity before disclosing/discussing such information with a third party;(e) to return and/or electronically purge, upon Government request, any DOD information no longer required for contractor performance; and (f) to advise the Contracting Officer (CO) and/or Contracting Officer's Representative (COR) of any unauthorized release of such information.

To provide adequate security, the contractor shall implement information systems security in its project, enterprise, or company-wide unclassified information technology system(s) that may have DOD information resident on or transiting through them. The information systems security program shall implement, at a minimum, the specified National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53 security controls identified in Attachment 6a.

2.8.2 Incident Handling

2.8.2.1 Reporting Requirements

The contractor shall provide an initial incident report to the Defense Cyber Crime Center (DC3) as soon as possible upon discovery of any suspected cyber intrusion events on the contractor's (or its subcontractors) unclassified information system(s) or network(s) where DOD information is resident or transiting. The initial incident report shall be provided even if some details are not yet available, with follow-on detailed reporting to DC3 within 72 hours. Reportable cyber intrusion events include the following:

a. A cyber intrusion event involving possible data exfiltration, manipulation or unauthorized disclosure of any DOD information resident on or transiting the contractor's (or its subcontractors') unclassified information systems or networks;

b. Intrusion activities that allow unauthorized access to the contractor's unclassified information system(s) or networks(s) on which DOD information is resident or transiting.

2.8.2.2 Incident Report Content

The incident report shall include, at a minimum, the following information:

a. Data Universal Numbering System (DUNS).

b. Contract numbers affected unless all contracts by the company are affected.

c. Facility CAGE code if the location of the event is different than the prime Contractor location.

d. Point of contact if different than the POC recorded in the System for Award Management (address, position, telephone, email).

e. Contracting Officer point of contact (address, position, telephone, email).

f. Contract clearance level.

g. Name of subcontractor and CAGE code if this was an incident on a subcontractor network.

h. DOD programs, platforms or systems involved.

i. Location(s) of compromise.

j. Date incident discovered.

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

l. Description of technical information compromised.

m. Any additional information relevant to the information compromise.

2.8.2.3 Incident Report Submission

The contractor will submit unclassified incident reports to DC3 via the Defense lndustrial Base Network (DIBNet) Portal (http://dibnet.dod.mil).

2.8.2.4 Incident Response Coordination

In the event of an intrusion or potential intrusion, the contractor agrees to allow follow-on actions by the Government to further characterize and evaluate the suspect activity. The contractor acknowledges that damage assessments might be necessary to ascertain intruder methodology and identify systems compromised as a result of the intrusion. Contractor acknowledges that in certain cases a complete forensic analysis might be necessary to ascertain intruder methodology and identify systems compromised as a result of the intrusion. Once an intrusion 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 N IST Special Publication 800-61: Computer Security Incident Handling Guide, (current version)) related to the intrusion for subsequent forensic analysis so that an accurate and complete damage assessment can be accomplished by the Government. The contractor is not required to maintain an organic forensic capability, but must ensure data is preserved (e.g. removing an affected system, while still powered on, from the network meets the intent of this requirement) and all actions documented until forensic analysis can be performed by the Government or 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 CCOR.

2.8.2.5 Information Sharing

The Government may use and disclose reported information (e.g., information regarding threats, vulnerabilities, incidents, or best practices) that does not include contractor attribution information at its discretion to assist entities in protecting information or information systems (e.g., threat information products, threat assessment reports); provided that such use or disclosure is otherwise authorized in accordance with applicable statutes, regulations, and policies.

2.8.2.6 Confidentiality and Non-Attribution Statement

The Government shall take reasonable steps, by controlled access and need-to-know procedures, to protect against public release of attribution information of the contractor. The Government may use and disclose reported information that includes attribution information only on a need-to-know basis to authorized persons for cyber security 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 disclose attribution information to support contractors that are supporting the Government's cyber security and related activities if the support contractor is subject to legal confidentiality requirements that prevent any further use or disclosure of the attribution information. The Government agrees to consider available exemption s of the Freedom of Information Act to protect against disclosure of attribution information of the contractor to unauthorized persons. Within a reasonable period necessary to perform an analysis after completion of the assessment, all contractor proprietary information or third party proprietary information in the possession of the Government as a result of the assessment will be destroyed unless other disposition is agreed upon in writing by the Parties or is required by law, Executive Order or regulation.

2.8.2.7 Law Enforcement/Counterintelligence

In the event of a known or potential intrusion, the contractor shall consent to responding counterintelligence or law enforcement investigative agency requests to apply forensic analysis tools to contractor information systems affected by the intrusion, including monitoring tools, imaging tools, and any other techniques that the agency seeks to apply to effectively analyze the intrusion. The contractor shall allow the responding counterintelligence and/or law enforcement investigative agency to image affected systems, including systems containing proprietary information. Nothing in this contract shall limit the ability to conduct law enforcement or counterintelligence activities, or other activities in the interest of the Government.

2.8.3 Security Training

Contractor employees assigned to USTRANSCOM and utilizing its enterprise networks shall attend/complete security training as prescribed by DOD and USTRANSCOM instructions. At a minimum this includes: Employee Initial Security Training, Annual Security Awareness Training, Operations Security (OPSEC), DOD Antiterrorism Level I Training, Active Shooter Training, Personally Identifia ble Information (Pll) Training, Emergency Operations and any Security Stand Down Day Training scheduled by the Commander. Contract employees assigned elsewhere shall attend security training establi shed by their respective government security offices and/or installations.

3.0 SAFETY

Contractor must comply with applicable international, federal, state, local, installation and SDDC Transportation Battalion safety and fire regulations. Any regulations not publicly available will be provided to the successful offeror upon request. Contactor must establish and maintain an effective and comprehensive safety program. Contractor will support the SDDC battalion’s Emergency Disaster Plan. Contractor must acquire, maintain, and require use of safety equipment, personal protective equipment (PPE) and devices necessary to protect employees on the installation, port, and vessel. Contractor is responsible for enforcement and monitoring of applicable international, federal, state, local installation safety and fire regulations. Any government worker can document and report to the COR any Contractor deviations or failure to comply with applicable safety rules for formal advisement and corrections to the Contractor lead or designated safety representative. COR will log discrepancies within the defined quality performance process.

3.1 The Contractor shall ensure that personnel operating Government Vehicles possess a valid State Driver’s License or host nation equivalent.

3.1.1 The Government will make available driver training for Government vehicles and related processes/procedures and the Contractor shall coordinate with its personnel to attend the Government provided training so that sufficient pools of operators are available to operate Government vehicles within a port as required. Government vehicles may include, but are not limited to, all classes of Trucks, Stryker vehicles, Heavy Equipment Transporters (HETS), Mine Resistant Ambush Protective (MRAP) vehicles and Armored Tracked vehicles. Contractor shall be compensated at man-hour rates.

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

3.1.3 All Contractor personnel who operate U.S. Government or Contractor furnished vehicles laden with hazardous material, to include munitions, shall possess an approved license with HAZMAT endorsement. Additionally, Contractor will provide on the DA Form 348 information reflecting HAZMAT certification.

3.1.3.1 Contractor shall provide a certified point of contact for HAZMAT cargo handling IAW CFR49 Part 172.704(d) ,or paragraph 1.3.1.5, International Maritime Dangerous Goods Code (IMDGC),or host nation equivalent.

3.1.3.2. Operator training will not use Ammunition and Explosives laden material handling equipment (MHE) or vehicles at any time.

3.1.4 Contractor shall provide the COR with a list of names each day of those drivers assigned to handle specialized vehicles, HAZMAT, or ammunition laden cargo per operation. List will include a statement from the Contractor verifying that the individuals performing these driving functions comply with AR 600-55. 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. Contractor will remove any of their personnel found non-compliance from the handling of this cargo and the COR will report the incident to the Contracting Officer and for submission in the monthly performance report.

3.2 Safety Briefings- Contractor shall conduct and document safety briefings for all workers at each shift change and must brief new workers as any new labor is added. The COR shall receive a copy of the briefing via Email prior to each shift to ensure the contractor is abiding by proper procedures. Safety briefings conducted by the contractor, relating to the type of operation (e.g. truck, rail, vessel, yard, crane, etc.), at minimum must meet OSHA regulatory guidance and/or host nation requirements whichever is more restrictive, to include the following basic information:

*Overall General Safety Requirements Work tasks to accomplish Responsibilities - who reports unsafe conditions, to whom and when Injury and property damage reporting procedures Required PPE for personnel on the terminal Designated smoking areas Emergency procedures - phone numbers, evacuation routes/procedures, rally locations, accountability Location of emergency equipment - fire extinguishers, PFDs Weather/temperature conditions Communication - signals, flagman duties, radios, no cell phones etc.

Walking/Tripping Hazards Pedestrian and traffic movement Gangway/ramp Safety Person in water - prevention, recovery and survival (man overboard)

*Traffic Safety Driver distractions Use of Seat Belts Pier specific vehicle procedures - lights, keys, mirrors etc.

Speed limits – pier, yard, railcar and vessel Parking locations Traffic Flow Use of ground guides when moving (ramp/backing/stow) Rail crossings

*Task/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) Safe Rail operations - 3 step protection, right of way Ladder Safety Use of fall protection Safe lashing procedures Unusual loads

3.3 Operation of Equipment- Contractor must maintain and operate equipment used during operations on any S&RTS Terminal IAW applicable Host Nation/Federal/State laws and regulations, OSHA, DoD, port, and terminal regulations, directives, instructions and pamphlets, whichever is more stringent. Damage to cargo or injury related to the use of non-compliant equipment or improper use of equipment will result in immediate non-use of that Contractor’s equipment until Contractor takes corrective action. Contractor will notify the COR when equipment is made compliant. Equipment operated by the contractor for use during operations on any installation must be maintained and operated IAW applicable Federal / State laws and regulations, OSHA, and DOD regulations. Equipment operated by the contractor for use during operations on any port, and must be maintained and operated IAW applicable host nation equivalent. Damage to cargo or injury related to the use of non-compliant equipment or improper use of equipment will result in immediate non-use of that Contractor’s equipment until the Contractor takes corrective action. The Contractor must notify the COR when equipment is made compliant. Contractor shall be responsible to compensate damage charges for any damage caused to cargo or USG assets by the fault of the Contractor.

3.4. Damage and Loss Reporting

3.4.1 Contractor shall immediately notify the COR of any incident of dropped cargo, accident or incident which results in damage to cargo or property, release of HAZMAT, injury or death to personnel during or arising from performance under this contract.

3.4.2 In all instances where a reportable accident (that meets the minimum criteria IAW DA PAM 385-40 for ground Class A–D accidents) or incident occurs, Contractor shall submit a full written report to the COR within 24 hours utilizing the U.S. Army Abbreviated Ground Accident Report (AGAR) (DA Form 285-AB-R). Contractor shall assist Government during any investigation of an accident or serious incident. Contractor will report accidents that do not meet the minimum criteria to the COR IAW Terminal Section 6 requirements. Contractor shall:

3.4.2.1. Submit documentation to the COR explaining qualification and task training for each contract employee involved in the incident/accident.

3.4.2.2. The contractor shall submit all maintenance records for contractor supplied equipment involved in the incident/accident.

3.4.2.3. After an accident or serious incident occurs, Contractor will secure the location, preserve critical evidence and allow Government personnel access to the location, evidence and contractor employed witnesses. Operations will not resume until cleared with the COR.

3.4.3 Transportation Discrepancy Report (TDR) procedures for pilferage and damage claims. (Form provided by Government).

3.4.3.1 Inspect all cargo upon arrival, before unlashing/unloading. All cargo will be inspected by the contractor prior to loading on mode of shipment to final destination. If cargo is damaged, pilfered, vandalized, and/or tampered with, annotate the damage on the discharge report. Once the pilferage/damage is detected, the contractor will initiate a TDR (DD Form 361) or a commercial report if unable to utilize a DD Form 361 to submit to the COR within 24 hours of the inspection.

3.4.3.2 Attachments to the DD Form 361: Initial submission shall include photographs, statements from those on site at time of pilferage and/or damage, packing list (ensure that item is missing and/or damaged are highlighted) and a copy of the delivery receipt (if available).

3.5 Environmental Control

3.5.1 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 which entered the drainage system of the harbor.

3.5.2 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. .

3.5.3 Comply with all applicable host nation, port, and US military environmental laws and regulations to include but not limited to:

3.5.3.1 A written Spill Contingency and Response Plan shall be submitted to the COR within 10 days of contract award. At a minimum, this plan shall comply with all applicable directives of the host nation environmental guidance and instructions. The contractor spill contingency and response plan shall specifically describe how the contractor will prevent and respond to spill incidents.

3.5.3.2 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.

3.5.3.3 At no additional cost to the government, the contractor shall maintain supplies for emergency response while in transit on public roadways and thorough fares until the host nation chemical response team arrives. 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 determined by the Contractor and size to resolve a 10 gallon spill or 5 cubic feet of materials, wastes or contaminants that may potentially affect or impact the environment.

3.5.4 Secondary Containment For Hazardous Materials, Wastes and Petroleum, Oils and Lubricants (POL)

3.5.4.1 The contractor shall coordinate containment devices of various sizes if required for temporary and permanent storage facilities that retain POL substances, hazardous materials and hazardous wastes (i.e. - new and used – oils, fuels, lubricants, solvents, batteries, acids, paints, antifreeze, etc.) Secondary containment will be determined by Port Authority and controlled by the Ministry of Environment.

3.5.4.2 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.

3.5.4.3 In the event hazardous materials are required to be stored at the port where services are being provided, the contractor shall be responsible for coordinating the use of storage cabinets with current inventory sheet and Material Safety Data Sheet (MSDS) provided to the Port Safety Officer.

3.5.4.4 Acceptable secondary containment plan must be submitted in writing as part of the Spill Contingency and Response Plan.

3.5.4.5 Clean-up Responsibilities: The Contractor shall be responsible for immediate clean-up of all contaminated medias and waste materials associated with or resulting from any incidents involving any leaks or spills (POL’s, solvents, waste water, battery acids, paints, lubricants, refrigerant oils, hydraulic fluids, anti-freeze etc.). The clean-up efforts shall be coordinated with and approved by the COR. At a minimum, the level of clean-up shall include verification and documentation that the source of contamination has been abated, all contaminated Medias have been removed and all waste materials have been properly disposed of in an approved disposal site. In the event an accidental or deliberate spillage event occurs, and the Contractor fails or refuses to clean the spill, the Contractor shall be liable for all costs associated with clean-up, removal, and disposal, and any subsequent Host Nation fines.

3.5.4.6 Emergency and Routine Maintenance Clean-up Supplies: Contractor shall provide adequate operational supplies of both emergency response materials and routine maintenance material to properly respond to emergency spillage events and normal routine maintenance activity. All absorbent material shall be acquired and maintained on site by the Contractor. This includes all supplies necessary for proper abatement, containment, removal and disposal of any wastes, discharges, spills or releases. Coordination with the COR is mandatory to ensure adequate supply is available at all times.

4.0 CONTRACT ADMINISTRATION

4.1 Contract Labor Reporting-Contractor shall provide as requested by the COR a daily time keeper personnel log book for verification of labor services provided for the day’s operations to use for reconciliation. Breakout will include total quantity by class of service.

4.2 Training and Contingency Operations

Government reserves the right to conduct training and contingency operations for Department of Defense personnel during a scheduled or contingency load or discharge for any vessel operation and related terminal operations. Contracting Officer or COR will notify the Contractor when such training or contingency operation is scheduled as soon as it is known but NLT 48 hours prior to training, contingency or special operation mission. During these training/special operation events, Contractor shall provide, when requested by the COR, sufficient qualified labor to support DoD personnel during these operations. Government will compensate Contractor for such labor, to include operators, flagmen, lashers, mechanic or headers when requested, at the man-hour rates in accordance with the schedule of rates.

4.3 4.4

4.3 Transition of Contract

Within 7 days after contract award, the incumbent contractor shall begin a joint inventory with the incoming contractor. This joint inventory shall be complete and all issues resolved within 7 days of commencement, unless a longer period is approved by the Procuring Contracting Office. Transfer of all property shall be completed within 7 days after completion of the joint inventory.

4.3.1 Property. A 100% physical inventory will be conducted by the incumbent contractor and verified by the incoming contractor. The government Property Administrator (PA) and/or a designated Property Representative will observe the physical inventory to assure concurrence by all parties. Upon completion, the incumbent contractor will post the transfer document as a closing adjustment to the contractor’s property records. The incumbent contractor will maintain the basic property records reflecting authorizations, identification and management data for all GFP transferred to the incoming contractor. The Government will provide the incoming contractor with a Final Government Property Inventory report within 30 days from award.

4.3.2 Schedules. It is of utmost importance that work schedules be maintained during transition. The contractor will be responsible for work schedules until an area is officially transferred to the incoming contractor. Work will only be transitioned from the outgoing contractor to the incoming contractor when it is determined by the assigned COR that the contractor can conduct the operation without detriment to the mission. This determination will be made in writing and provided to the PCO. Any disagreement with the COR decision shall be brought to the attention of the PCO for resolution

5.0 CONTRACTOR GENERAL REQUIREMENTS

5.1 Performance Requirements – Quality Assurance

5.1.1 Definition of Performance Requirements

Performance Requirements are described as performance objectives, measures, and standards in the following manner:

· Performance Objective – A statement of the outcome or results.

· Performance Measures – The critical characteristics of the objective that will be monitored by the Government.

· Performance Standards – The targeted level or range of levels of performance for each performance measure, relating to the Acceptable Quality Level (AQL) for the objective.

4.9 4.10 4.11

5.1.2 Use of Performance Measures and Standards

Not every performance objective in this contract has a related performance measure or performance standard. However, every performance objective is a contractual requirement. For those performance objectives that do not specify a measure or standard, the measures and standards are in accordance with standard commercial practices.

5.1.3 Quality Assurance

The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. The contractor shall not limit or hinder the Governments access to places (to include services performed by sub-contractors) where services are being performed. At its discretion the Government may or may not notify the contractor in advance.

5.1.3.1 Contractor shall establish a Quality Control Inspection Plan (QCIP) which will emphasize quality control over all contract requirements. The Quality Control Inspection Plan will contain a Quality Control Inspection Checklist (QCIC) which, at a minimum, will contain all elements of the Performance Requirements Summary (PRS).

5.1.4 Contractor Performance Assessment Reporting System (CPARS) The contractor’s performance will be assessed yearly and the contractor performance assessment report (CPAR) will be entered into the CPARS. A CPAR assesses a contractor's performance and provides a record, both positive and negative, on a given contractor during a specific period of time. Each assessment is based on objective facts and supported by program and contract management data, such as cost performance reports, customer comments, quality reviews, etc.

5.2 Personnel-Related

5.2.1 Personnel Compliance

5.2.1.1 The contractor shall ensure compliance with DFARS 252.225-7040 (e) and any applicable regulations, security and force protection requirements.

5.2.1.2 The contractor shall ensure compliance with the host nation labor laws.

5.2.1.3 Contractor shall ensure that all Ex-Pat and Third Country National (TCN) employees have appropriate licenses, installation access badges, and VISA.

5.2.2 Medical Screening

Personnel shall receive appropriate medical screening prior to employment IAW Enclosure 3 of Department of Defense Instruction (DODI) 3020.41. This screening shall include infectious diseases, at a minimum, but not limited to, tuberculosis, typhoid fever and hepatitis A.

5.2.3 Training and Certification

The Contractor's employees shall have all training and certificates required by host nation law and applicable industry regulations for operating and handling Contractor furnished equipment, and Government vehicles.

5.2.3 The Contractor shall not employ any person under this contract who is simultaneously an employee of the United States Government.

5.3 Reports and Documentation

5.3.1 Preparation

All documents submitted, as required by the contract and/or requested by the COR/ACOR, shall be in typed in English. The information recorded must be accurate and verified by the Contractor prior to submission to the COR/ACOR.

5.3.2 Distribution

As specified in the table below, distribution shall be made with the correct number of copies being prepared and furnished to the COR. Other reports and documentation not listed in the table may be required by the COR.

Labor Order Form Mtg-Bh-Opps Form 37 Each cargo operation

5.3.3 Timekeeping

The Contractor shall maintain timesheets, with 100% accuracy, for all contractual services furnished by his own operation and subcontractor’s operation within the time frame specified in para. 5.3.2. The timesheet shall include: date of operation; if work was performed on daily shift or continuous shift; the number of laborers, type of men used, and hours worked; type, number and hours equipment is utilized and the times and reasons for any work stoppages. Timesheets will be verified by the COR/ACOR.

5.3.4 Cargo Accountability

Within ten (10) days after contract award, the Contractor shall submit to the COR a sample of all documentation that will be used for cargo accountability purposes.

5.3.5 Miscellaneous Documentation

The Contractor shall be responsible for the daily pickup of documentation, i.e. cargo manifests, TCMD's, customs documents, etc., required for the performance of cargo operations from the U.S. Government office.

5.3.6 Failure to Perform

Failure to perform reporting and documentation services which results in a loss to the Government, for excess handling of additional transportation costs, shall be at the Contractor’s expense. The amount shall be determined by the Contracting Officer and deducted from payments due the Contractor.

5.4 Invoices

The Contractor shall submit invoices and payment in accordance with guidance listed in Appendix D.

5.5 Out-of-pocket Expenses

Out-of-Pocket Expenses involve reimbursement of actual payment made by the Contractor to a third party as substantiated by submission of the paid invoice. Out-of-pocket expenses will be reimbursed only for mission related services and/or material identified on labor order forms by the COR/ACOR.

For the purpose of purchasing supplies/non-durable goods, the Contractor shall obtain approval from the on-site COR for each item requested. Any purchases above the threshold of $3,000.00 shall be at the approval of the Contracting Officer.

5.6 Detention and Waiting

Detention (sometimes referred to as "stand-by time" or "waiting time") is the time lost as a result of the stoppage, or inability to start the discharging or loading of cargo. This includes but is not limited to: a breakdown of the vessel's equipment, bad weather (unsafe to operations, i.e. heavy rain, limiting visibility, lightning, high wind endangering crane operations, etc.) non-readiness of the vessel, or non-arrival of cargo. The contractor will not be charged for detention that is beyond the control or at no fault of the contractor, as determined by the COR. Any work stoppage and the reason determining the waiting time shall be documented on Contractor's timesheets that will be verified by the COR/ACOR. The Contractor shall absorb each detention of 15 minutes or less. The Government will pay the Contractor for delays determined by the COR/ACOR for Government caused detention beyond 15 minutes.

5.7 Other Contracts

The Government may award other contracts for additional work and/or work requiring special technical expertise (i.e. handling of aircraft or other sensitive cargo). The Contractor shall fully cooperate with other Contractors and Government employees. The Contractor shall adjust his work schedule as requested by the COR. The Contractor shall not interfere with the performance of any other Contractor or Government employees, nor shall the Government be charged for work not performed.

5.8 Commodity Rates – All commodity rates applicable to this contract are inclusive of all labor, equipment and tariff costs related to handling the specified commodity.

5.8.1 Exceptions to Commodity Rates - Whenever a particular type of cargo activity is handled for which no commodity rate has been established, the Contracting Officer shall negotiate a rate for that particular instance of performance or for the remaining period of the contract.

5.8.1.1 Upon written agreement between the COR and the Contractor, Compensation for the cargo activity shall be at the Extra Labor (Schedule 2) and Equipment (Schedule 4) rates, until such time that a negotiated rate is established.

6.0 TERMINAL SPECIFIC REQUIREMENTS

6.1 General

Contractor services will cover the full spectrum of ocean terminal operations to include discharging and loading vessels, vessel staging/call forwarding areas including designated areas/facilities for washing and/or fumigation. Vessels anticipated are Large Medium Speed Roll On/Roll Off (LMSR), Fast Sealift Ships (FSS), MARAD/Ready Reserve Fleet (RRF), Military Sealift Command (MSC) Controlled or Charted Vessels, Maritime Prepositioned Ships, Cape Class Vessels, Barges, U.S. Army and Navy vessels, car carrier vessels, combined container/RO-RO vessels as well as other vessel types and classes. Contractor must have the capability to handle multiple and simultaneous vessel operations at each terminal as described in this contract’s Area of Responsibility (AOR). The AOR will include the Air Port of Debarkation (APOD), Air Cargo terminal, the Sea Port of Debarkation (SPOD), the commercial container terminal, the commercial Seaport, and the Jordanian Naval Base. Contractor will handle various classes of supply to include Ammunition, Hazardous Material, sensitive, controlled, and general DOD cargo.

6.1.1 Contractor shall provide a single point of contact on-site for each operation and each shift to the COR. This individual must have decision-making authority and shall act as the central point of contact. During vessel operations, Contractor must have stevedore oversight for all gang activity onboard vessels and in staging yards. If any delay of operation is as a result of stevedore absence on deck or in the staging yard; Contractor will assume all expenses for the delay. Contractor shall participate in daily operations meetings and in other meetings regarding vessel load or unload, as required. Contractor shall order labor, material, and equipment based upon agreement with the COR.

6.1.2 Equipment- The U.S. Government will not provide facilities, equipment, materials, and/or services, but reserves the right to provide special handling equipment at any time under this Contract to support cargo operations.

6.1.4 The government will provide all point of contact information for cargo shipments into any other area of responsibility for the support of CENTCOM operations.

6.2. Services

The U.S. Government will provide all documentation, except as specified in the PWS, required for the movement and the clearance of the cargo. The U.S. Government reserves the right to provide military and or third party contractor personnel to perform cargo handling and documentation services. Contractor shall be compensated the applicable commodity rates less U.S. Government performed services.

6.3 Contractor Furnished Property, Facilities, and Services

6.3.1 Except for property, facilities and services specifically stated to be furnished by the US Government in the PWS, the Contractor shall furnish everything required to perform the work required by this PWS.

6.3.2 Property

The Contractor shall provide all equipment and supplies required for the loading and discharging of containerized cargo and break bulk cargo, including military vehicles up to 70 metric tons, both wheeled and tracked, to and from vessels, and warehousing operations. These items include, but are not limited to: hooks, cargo nets, save-all nets, rollers, skids, manual and power hand tools, tie ropes, load covers, chain slings, platform slings, wire and rope slings, draglines, spreaders, hand-trucks, machinery dollies, a ramp to load or unload military equipment to/from seavans, towmotors, van-carrier trailers, lift trucks, non-sparking forklifts when used in ship’s hold, tractors, tractor cranes, mobile equipment pallet jacks, ramps and platforms.