ATCH_1_PWS_-_Yokohama_Japan.pdf

Stevedoring & Related Terminal Services

Performance Work Statement for

Military Operations Terminal – 836th Transportation Battalion

Kanagawa Prefecture & Port of Nagoya, Japan

7 July 2016

Stevedoring & Related Transportation Services Performance Work Statement

TABLE OF CONTENTS

Section Section Topic Page

1.0 Background & Scope 2

2.0 Security 3

3.0 Safety 5

4.0 Contract Administration 8

5.0 Contractor General Requirements 8

6.0 Terminal Specific Requirements 11

7.0 Contractor Performance Requirements 22

Appendix A Regulations, Publications, & Forms 24 Appendix B Glossary of Terms 29 Appendix C List of Acronyms & Abbreviations 39

1.0. BACKGROUND & SCOPE

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

1.2. Scope Stevedoring and Related Terminal Services

1.2.1. Contractor shall provide stevedoring and related terminal services and management services in connection with the receipt, processing, and/or loading/discharging of cargo via all conveyances as designated by the Contracting Officer (CO) 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 Government will pay Contractor applicable commodity or man-hour rates designated in Section B – Schedule of Services in this contract as requested by the COR. Note: all references to COR in this PWS shall also mean Alternate COR (ACOR).

1.3. Ground Rules and Constraints

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

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

1.3.3. Identification of Contractor's Employees: Contractor shall provide each of its employees with an identification badge indicating in English the employee's name, job title and Contractor's name. Each employee shall present the badge for prior approval by the COR. Each employee is required to wear his/her badge at all times while on duty at the place of work, or at such other times and places where identification is required and plainly visible as a means of identification. This requirement may change based on direction from the installation or commercial port at which an operation is conducted. Whichever requirement above is more stringent will determine the standard used.

2.0. SECURITY

2.1. Overall classification of this PWS is Unclassified.

2.1.1. Personnel Screening. Contractor shall screen all Contractor employees for indications of terrorism or threat-related activity or alliances detrimental to the United States of America. Screen prior-service US military personnel employed under this contract for military service criminal offenses. Contractor shall not employ any person under this contract who is simultaneously an employee of the United States Government. Contractor shall deny applicant’s access for employment and/or termination if they refuse screening.

2.1.2. Persons Excluded/Restricted from the Premises- Contractor shall not allow anyone access to terminal facilities, equipment, or other material related to terminal operations if banned by any authority from the premises. Commander, 836 th Transportation Battalion is the final authority and controls all access to the terminal.

2.1.3. Derogatory Information. If the U.S. Government notifies Contractor that employment or continued employment of any contracted personnel is prejudicial to the interests or endangers the security of the United States of America, Contractor shall have that employee removed and barred from the contract and all contract worksites. This includes security deviations, incidents, and credible derogatory information on contracted personnel during the course of the contract's period of performance. Contractor shall make necessary personnel replacement.

2.2. General Security Requirements.

2.2.1. Contractor employees are required to obtain and display identification badges. Anticipate delays in getting commercial vehicles on base and allow time for commercial vehicles to reach their destination by driving designated routes at posted speed limits throughout the base.

Procedures for commercial vehicle access to the base are subject to change without prior notice.

2.2.2. ID Passes, Badges and Vehicle Stickers: Contractor is responsible for obtaining such clearances and/or passes required for their employees to enter military installations in Japan prior to start to work. Contractor shall submit an application on US Army Garrison – Japan (USAG-J), AJ Form 47 to request personal pass and or vehicle pass installation access in accordance with USAG-J Regulation 190-13, Installation Access Control Procedures. Contractor shall coordinate applications through COR. COR will generate a letter with contractors names approved by a designated authority and submit the letter and application to the Installation Security for processing and approval. At time of application, US Army Japan (USARJ) may conduct a background check of Contractor employees. Upon employment termination, Contractor is responsible for returning identification cards and base passes to the 836 th within 24 hours of termination.

2.2.3. Background: Security Check and Investigation Requirements. Contractor is not required access to any Government-owned information system (IS).

2.2.4. Derogatory Information: If Government notifies Contractor that employment or continued employment of any Contractor personnel is prejudicial to the interests or endangers the security of the USA and/or Host Nation, Contractor shall remove that employee and bar him/her from the worksite. This includes security deviations/incidents and credible derogatory information on Contractor personnel during the course of contract performance period. Contractor shall make any changes necessary in the appointment(s).

2.2.5. 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.

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:

2.2.5.1. Name and address of each employee.

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

2.2.5.3. Copy of employment card or equivalent.

2.2.5.4. Copy access card or Contractor ID badge.

2.2.5.5. Contractor shall ensure its employees meet US Army Garrison-Japan (USAG-J) Regulation 190-13, Installation Access and Control Procedure guidelines regarding foreign national employment, and that they do not bring any contraband material into or out of any DoD or Ports of the Japan installation or facility.

2.2.6. Contractor and all employees and sub-contractors shall train all employees on United States (U.S.) and host nation security procedures to report threats and suspicious activity. Contractor will use this training to immediately identify and report suspicious activity or threats to the COR/ACOR and the nearest security forces. COR/ACOR will provide contractor with additional information on suspicious activity reporting procedures. Government may require changes in security requirements.

2.2.7. 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.

2.2.8. Force Protection Condition (FPCON): Should the Force Protection Condition (FPCON) at any individual facility, port, or installation change; Government may require changes in Contractor security requirements and procedures in addition to changes otherwise authorized by the ‘changes clause’ of this contract.

2.3. Operational Security: Protecting Controlled Unclassified Information. All information furnished to Contractor is For Official Use Only (FOUO) and not releasable to the public or other personnel who do not have an official need to know. COR/ACOR must ensure Contractor is aware of Operational Security (OPSEC) requirements from the Military Surface Deployment and Distribution Command (SDDC). Contractor will contact COR/ACOR for determination when release of information is authorized.

2.4. Cargo and Equipment Security. Contractor shall ensure all Government property, equipment, and facilities in Contractor possession or custody are properly secured and safeguarded at all times. At a minimum, Contractor shall padlock, seal or otherwise provide security for partially-loaded or unloaded vessels, railcars, trucks/trailers, containers remaining overnight, or not released to carriers, until commencement of work on the following day. This includes all cargo on the ground.

3.0. SAFETY

3.1. Contractor shall adhere to host nation, local authority and/or DoD standards for safe working loads for cargo handling gear and equipment. Contractor shall ensure its employees wear hard hats at all times when working in “hard hat areas” designated by the COR/ACOR, at a minimum hatches, wharves, terminal warehouses and open storage areas. In all cases, Contractor shall provide fresh labor at the beginning of each shift. Those coming on shift shall have at least eight

(8) hours of rest before starting work.

3.2. Emergency Response Plan: Contractor shall provide a comprehensive safety and security Emergency Response Plan clearly outlining procedures for emergency HAZMAT cleanup of spills from leaking Materials Handling Equipment (for example forklifts, tugs, and container top handlers) owned or leased by Contractor to include damage to property and environment. When Contractor does not have sufficient resources of his own, Contractor shall immediately arrange for outside emergency response personnel who specialize in spill containment and clean up.

Contractor shall pay for any such clean up.

3.2.1. Contractor shall comply with hazardous spill procedures in the Emergency Response Plan.

3.3. Driver Training. Safety-Driver and GFE operation/maintenance Training. Training is providing information, knowledge, and skills reinforcement to meet requirements. Government shall:

3.3.1. Make driver training for Government vehicles and related processes/procedures available.

Contractor shall coordinate with their labor 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 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. Labor shall participate at Contractor expense.

3.3.2. At times have field service representatives or vendor training onsite for new models entered into the Army inventory. Government shall identify and provide port specific training requirements for the COR/ACOR to coordinate with Contractor to participate in at man-hour rates, less driver training for which Contractor is responsible for compensating Contractor employees.

3.3.3. Contractor shall ensure that personnel operating Government Vehicles possess a valid civilian driver’s license as required for operating vehicles in Japan. If vehicles are laden with hazardous material, to include munitions, driver’s licenses must have an approved HAZMAT endorsement. Contractor will not use Ammunition and Explosives laden material handling equipment (MHE) or vehicles during operator training at any time.

3.3.4. 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. During these scheduled training or contingency operations, Government may utilize military personnel for loading and unloading vessels and conducting routine terminal/port operations. COR/ACOR will inform 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 ordered by the COR/ ACOR, sufficient qualified labor to support DoD personnel. Government shall compensate Contractor for such labor, to include operators, flagmen, lashers, mechanic or headers when requested, at man-hour rates established in the Schedule of Rates. Government reserves the right to bring in skilled military drivers to operate, load and unload specialized, unique military vehicles and equipment at any time when determined by the COR/ACOR. When military drivers are used to work the entire vessel, commodity rates used to compensate the Contractor are less 25 percent, or if labor is requested by the COR/ACOR and only used to lash and unlash cargo, Government will compensate Contractor at the man-hour rates established in the Schedule of Rates.

3.3.5. Contractor shall provide a qualified point of contact for HAZMAT handling who will ensure that Contractor complies with “DFARS 252.223-7002 SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES (MAY 1994)” in Section H, and, when applicable, with TB 43-0250; TM 9-1300-200 and 55-207/NAVSEA OP 3221 Rev. 2; NAVSEA-OP 5; and COMSCINST 8023.4 in handling ammunition and explosives. Qualification is IAW paragraph 1.3.1, Training of shore-side personnel, International Maritime Dangerous Goods Code (IMDGC), for personnel who pack dangerous goods; load/unload Cargo Transport Units; handle dangerous goods in transport; load/unload dangerous goods into/from ships. Training is specified in Table 1.3.1.5 and paragraph 1.3.1.7, IMDGC.

3.3.6. Contractor shall provide COR with a list of names each day of those drivers assigned to handle HAZMAT, or ammunition laden cargo per operation. List will 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. 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 personnel found non-compliant from handling this cargo and will report the incident to the Contracting Officer and in the monthly performance report.

3.4. 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. COR may provide the Contractor with a checklist of safety and security topics for addressing prior to the start of vessel operations and may also participate in this briefing. Safety briefings conducted by Contractor, as it relates to the type of operation (e.g. truck, rail, vessel, yard, crane, etc.), at minimum must meet Japan/local authority and/or DoD regulatory guidance whichever is more stringent and include the following basic information:

*Overall General Safety Requirements

Work tasks to be 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, PFDs Weather/temperature conditions Communication - signals, flagman duties, radios, no cell phones etc.

Walking/Tripping Hazards Pedestrian and traffic movement Gangway Safety Person in water - prevention, recovery and survival

*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

3.5. Equipment Operation- Contractor must operate and maintain equipment used during operations IAW all applicable host nation/local authority laws and regulations, Army, port, and terminal regulations, directives, instructions and pamphlets. Damage to cargo or injury related to 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 must notify the COR when equipment is made compliant if it is reused during the operation.

3.6. 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, and/or injury or death to personnel during or arising from performance under this contract.

3.6.1. In all instances where a reportable accident (that meets the minimum criteria IAW Department if the Army Pamphlet (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) (Department of the Army (DA) Form

285-AB-R).

3.6.1.1. Contractor shall submit documentation to the COR explaining qualification and task training for each contract employee involved in the incident/accident.

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

3.6.1.3. 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.

4.0. CONTRACT ADMINISTRATION

4.1. Detention, Minimum Time, Differentials

4.1.1. Detention and minimum time, computed to the nearest 5 minute multiple, are payable to Contractor, in lieu of commodity or extra labor (XL) rates specified elsewhere in this contract, at applicable man-hour rates, subject to the following:

4.1.1.1. When detention occurs during a commodity operation, Contractor shall absorb each detention of fifteen (15) minutes or less. Government shall pay the Contractor at detention rates for persons or gangs, including clerks and equipment operators (drivers) for each detention in excess of fifteen minutes including the first fifteen minutes thereof.

4.1.1.2. Detention is not authorized for any part of a gang not required on commodity operations or when certain classes of labor on commodity operations are required to stand by because another class of labor is performing a commodity operation. For example, commodity vessel load is inclusive of loading and lashing cargo. Gangs conducting the load & lash are inclusive of each other under one commodity rate; therefore, drivers or lashers during the process of load and lash may wait for the other to perform or complete their job. Neither party is authorized detention while the other is performing commodity work.

4.1.1.3. Whenever detention occurs prior to or during extra labor operations, Government shall pay Contractor on a detention rate basis for the time of each detention. In the event part of a gang is required to perform an extra labor operation, the balance of the gang standing by Government shall pay at detention rates. In the event certain classes of labor are required to standby because of another class of labor performing an extra labor operation, such certain classes of labor Government shall pay at detention rates.

4.2. 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.

4.3. 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. The 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 if possible. During these training/special operation events, Contractor shall, when requested by the COR, provide sufficient qualified labor to support DoD personnel during these operations. For such labor, to include operators, flagmen, lashers, mechanic or headers when requested, Government will compensate Contractor at the man-hour rates established in the Schedule of Rates under schedule 5.

5.0. CONTRACTOR GENERAL REQUIREMENTS)

5.1. General duties and requirements of the Contractor are defined within this section. Duties and requirements specific to the particular terminal(s) within the scope of this contact are further defined in Section 6.0 -Terminal Specific Requirements.

5.2. Contractor services shall cover the full spectrum of ocean terminal operations to include discharge and load of vessels, vessel stage/call forward 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 Chartered 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 vessels, operations at each terminal as described in this contract’s Area of Responsibility (AOR). Contractor will handle all classes of supply to include Ammunition, Hazardous Material, sensitive, controlled, and general DoD cargo.

5.3. Contractor will inspect for damage and discrepancies to include Contractor caused damage to cargo or vessel, immediately to the COR.

5.4. Contractor shall communicate to the COR any labor shortfalls immediately, and make every effort to rectify the shortfall.

5.5. Contractor shall provide a dedicated manager to serve as single point of contact (POC) for interface with the Government during all operations including management presence at away ports during terminal operations as described in Section 6.1 Area of Responsibility below.

5.6. Contractor shall provide a single point of contact on-site for each operation for each shift to the COR. This individual must have decision-making authority and shall act as the central POC.

During vessel operations, Contractor must have stevedore oversight for all gang activity aboard 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 absorb the expense.

5.7. Contractor shall participate in daily and other operations meetings regarding vessel load or discharge as required. Contractor shall order labor, material, and equipment based upon Task Order and agreement with COR.

5.8. Stevedoring and Related Terminal Services (Import)

5.8.1. Contractor will prepare the vessel for discharge to include unlashing and physical removal of cargo from the vessel. Inclusive of the vessel discharge commodity rate, Contractor shall discharge and document cargo (to include capturing linked, nested, and secondary items) of inbound cargo IAW with the agreed upon Discharge Plan and stage IAW agreed upon Staging Plan (e.g. by type and destination) within time frame established at the pre-operations cargo meeting between the Contractor and the COR. Contractor shall handle all classes of cargo including sensitive, classified, HAZMAT cargo and Reefers IAW discharge and stage plan. COR must approve any changes. Such factors as cargo volume, stow factors, RDD, cargo mix and vessel type being worked shall determine vessel operation completion timeframes.

5.8.2. Government shall not hold Contractor accountable for delays in vessel operations resulting from circumstances beyond the control or responsibility of the Contractor. Factors known to affect productivity may include: weather; reserve augmentation; vessel condition and cargo condition.

The chart below contains estimated vessel timelines for completion of fully discharged vessels as follows; discharge hours are for the time the vessel is worked:

VESSEL TYPE DISCHARGEWORK HOURS

FSS (using shipboard crane) 56 FSS (using port crane) 48

BREAKBULK 72

LMSR (NON-PREPO) 72

RORO 48

CONTAINER SHIP 48

MPS 72

MPS/MAERSK 96

5.8.3. Contractor shall conduct a reconciliation/validation of the cargo discharged.

5.8.4. Contractor shall return vessel lashing gear to its proper place (lashing bins and wall racks) aboard ship as directed by vessel crew and will clean operational debris prior to vessel departure.

5.9. Stevedoring and Related Terminal Services (Export)

5.9.1. Contractor shall load cargo on the vessel from its place of rest to point of stow aboard vessel in accordance with approved vessel pre-stow plan furnished by Government and within the time frame established at pre-operations cargo meeting between Contractor and the COR. Contractor shall handle all classes of cargo including sensitive, classified, HAZMAT and Reefer Cargo IAW the pre-stow plan. Contractor shall secure cargo in accordance with SDDC TEA Reference 55-22, Marine Lifting and Lashing. Contractor shall coordinate all vessel activity with the COR, vessel master/chief mate, and when applicable, with Military Sealift Command (MSC). Contractor shall receive and review expected cargo list and pre-stow plan for accuracy and efficiency of vessel operations and report discrepancies, issues or concerns to the COR.

5.9.2. At the pre-operations meeting held prior to the start of each vessel operation, COR will confirm with the Contractor the mutually agreed upon timeframe for the safe and efficient completion of loading of the vessel. Such factors as cargo volume, stow factors, RDD, cargo mix and vessel type worked shall determine vessel operation completion timeframes.

5.9.3. Government will not hold Contractor accountable for delays in vessel operations resulting from circumstances beyond the control or responsibility of the Contractor. Factors known to affect productivity may include: weather; reserve augmentation; vessel condition and cargo condition.

Chart below contains estimated vessel timelines for completion of fully loaded vessels as follows;

load hours are for the time the vessel is worked:

VESSEL TYPE LOAD WORK HOURS

FSS (using shipboard crane) 72 FSS (using port crane) 60

BREAKBULK 96

LMSR(NON-PREPO) 96

RORO 48

CONTAINER SHIP 48

MPS 96

MPS/MAERSK 120

5.9.4. Contractor shall provide documentation using load list and scanner/PDA that reflects the correct stow location, pay, nested, linked, secondary loads(as requested) and condition of the loaded cargo.

5.9.5. For vessel load and discharge, Government will:

-Identify specialized, unique military equipment requiring special handling and coordinate handling of this equipment, as required.

-Maintain log book/record of events/time for all operations.

-Provide reports to Contractor as specified within this contract.

-Compare Contractor-furnished reports with Government reports, identifying further discrepancies and reconcile them with Contractor.

-Identify the COR to oversee contract operations.

-Provide a qualified point of contact for HAZMAT.

-Provide ICODES pre-stow plans as specified within this contract NLT 48 hours for review with a revised copy provide NLT 24 hours prior to operation.

-Utilize GATES as system of record to document movement of cargo.

-Provide scanners (PDA), tally sheets or Military Shipping Label (MSL) as applicable to Contractor.

-Process contractor activity pay into GATES or system of record NLT 48 hours after receipt of documentation; delays to GATES processing may occur due to frustrated cargo records.

-As applicable to type of operations, provide a discharge report; manifest; cargo load list; GATES on-hand report; pre-stow plan for vessel load; staging requirements; and when provided, a final stow plan for vessel discharge, to Contractor -Assist resolution of cargo discrepancies such as overages, shortages and Hazardous Material (HAZMAT) documentation.

-Provide input on special handling requirements to include staging of HAZMAT; sensitive;

classified cargo and refrigerated containers.

-Provide training on scanners (PDA) and Government Documentation System(s), when applicable.

6.0. TERMINAL SPECIFIC REQUIREMENTS (IMPORT/EXPORT)

Contractor shall provide stevedoring, longshoring, and allied services to move U.S. Government owned and/or sponsored cargo to and from any U.S. Government and/or commercially operated vessel at any pier or anchorage within Kanagawa Prefecture and port of Nagoya; longshore and associated labor and equipment services from/to U.S. Government facilities within Kanagawa Prefecture primarily Sagami Depot and Yokosuka Naval Base when, as and if ordered by the Ordering Officer (OO) IAW terms and conditions stipulated herein for the period of the contract specified in Delivery Information below. Government may order services at any time seven days a week subject to the provisions contained in this contract. Ports referred to in this contract are defined by the Ministry of Land, Infrastructure and Transport in the "Port Transport Operation Law Theory."

6.1. Scope of Contract:

6.1.1. General: Contractor shall load and discharge cargoes and, in connection therewith, shall perform all the duties of a stevedore on any vessel and a longshoreman with respect to duties at any port and DoD installation which the OO may designate in Kanagawa Prefecture and port of Nagoya under the terms and conditions hereinafter, provided; however, the terms of the contract shall govern any work started before and not completed by the expiration of this contract unless otherwise directed by the CO.

6.1.2. Contractor Duties:

6.1.2.1. Preparation: Before operation starts, Contractor shall, at his own expense, set up the pier or cargo working area, including removing and reinstalling interferences necessary to accomplish the work required under this contract. However, Government shall pay Contractor for time required to travel to and from U.S. Government inland facilities where Contractor performs longshoring and associated services required under the contract.

6.1.2.2. Loading: In loading vessels or trucks/trailers, Contractor shall remove and handle cargo from place of rest on pier, in pier shed or within the cargo assembly/staging area. Contractor shall stow said cargo in any space in the vessel or trucks/trailers, in the order directed by and a manner satisfactory to the COR.

6.1.2.3. Discharging: In discharging vessel or unloading truck/trailer, Contractor shall remove and handle cargo from any space in the vessel or on the truck, respectively. Contractor shall land said cargo at place of rest on pier or in pier shed or within the cargo assembly/staging area; also on to trucks/trailers alongside the ship. Contractor shall perform such discharging or unloading in the order directed by and in a manner satisfactory to the COR.

6.1.2.4. Handling Explosives: Contractor shall perform all stevedoring services necessary for breaking out and discharging explosives and proper loading, stowing, chocking, bracing, and securing of explosives in vessels, and longshoring on trucks, trailers IAW applicable Government of Japan (GOJ), Japan Environmental Governing Standards (JEGS), U.S. Departments of Defense and Transportation regulations, International Maritime Dangerous Goods Code (IMDGC), and manual of “Stevedoring and Terminal Handling Procedures,” whichever rules are more stringent.

6.1.2.4.1. In loading explosives Contractor shall perform all longshoring services necessary to break out and discharge trucks, trailers and/or lighters alongside ship or from place of rest on pier, transporting to the vessel, and stevedoring to properly load, stow, secure, block and brace on the vessel in a manner directed by applicable regulations.

6.1.2.4.2. In discharging explosives, Contractor shall perform all stevedoring services necessary to discharge cargo from the vessel to place of rest on pier and/or transporting to and longshoring to load trucks, trailers and/or lighters.

6.1.2.4.3. Government will pay for all furnishing, preparation, and prefabrication of blocking and bracing in vessel holds.

6.1.2.4.4. Government shall not compensate Contractor for standby time caused by slow up or delay of one of its operations directly affecting other operations unless such slow up or delay is beyond Contractor control, fault or negligence. Government shall not allow any standby time unless previously approved by the COR or in an emergency.

6.1.2.5. Cargo Assembly Areas: Contractor shall provide and operate mobile truck cranes and forklifts and other material handling equipment (MHE) in quantity and capacity deemed necessary by the Contractor to handle cargo within the cargo assembly area when operating on a commodity rate basis in the Schedule of Rates under schedule 1A, 2A or 2C. Cargo assembly area is defined as the area within 150 meters of ship or barge berthed at the pier.

6.1.2.6. Roll on/Roll off Operations: The term "Roll on/Roll off Operations" used herein represents handling of cargo either loaded or unloaded through ramp(s) of Roll on/Roll off ship and includes securing and unlashing services thereon.

6.1.3. Bonds of Responsibility for Cargo:

6.1.3.1. Stevedore/Longshoring Operations:

6.1.3.1.1. Loading: Contractor shall take acceptance of and liability for all cargo at the cargo assembly/staging area and for such cargo during transit to shipside or to truck or trailer until such cargo is lifted aboard ship and stowed, lashed and secured therein or on to truck, trailer, or vessel.

6.1.3.1.2. Unloading: Contractor shall take acceptance of and liability for all cargo from the time cargo is unlashed, discharged from the vessel, transported to cargo assembly/staging area and finally released to U.S Government, if done within any U.S. Government and/or commercially operated vessel at any pier or anchorage within Kanagawa Prefecture, Japan, to include the port of Nagoya.

6.1.3.2. Stevedoring Only Operations:

6.1.3.2.1. Loading: When loading cargo aboard vessel, Contractor shall take acceptance of and liability for cargo within reach of ship’s tackle, until such cargo is properly stowed, lashed and secured on and/or in the vessel.

6.1.3.2.2. Unloading: When discharging cargo from a vessel, Contractor shall take acceptance of and liability for all cargo handled from the time cargo is unlashed until such time as the cargo is released by the Contractor from the hook at the end of ship’s tackle.

6.1.3.3. Barge Cargo: In the event securing cargo is required after loading into a barge or other water type conveyance alongside ship or when un securing cargo is required from a barge or other water type water conveyance alongside ship prior to loading the cargo aboard a vessel, COR shall order Contractor to secure or unsecure work on an extra labor basis and Government shall consider the cargo in the custody of the Contractor at such times.

6.1.4. Dangerous Cargo. See Appendix B below for definition.

6.1.4.1. Hazardous Material. See Appendix B below for definition.

6.1.4.2. Explosive. See Appendix B below for definition.

6.1.5. Cargo Not Otherwise Specified: Excluding the commodities specified in the Schedule of Rates under schedule 1A through schedule 4, commodities considered of the type described as “Cargo Not Otherwise Specified” shall consist of all types of heavy and bulky equipment items of cargo which are unboxed, not palletized, or not unitized such as empty barrels and metal drums, all sizes (excluding gasoline drums); cement in bags; metal products; pipe; landing mats; reels, full and empty; piling, poles, ties, cross arms, plain and creosoted; lumber and logs; barbed wire, wallboard; plywood; building board; and assembled steel pontoons.

6.1.6. Special Rigging Gear: When ship's gear is used for handling cargo, Contractor, at its own expense, shall furnish all apparatus, gear or tackle to rig a boom; however, when special rigging gear is ordered by the Ordering Officer and provided by Contractor, Government shall compensate Contractor on an extra labor basis for rigging and unrigging of special gear of that gear only.

6.1.7. Tiering: If cargo tiered on the pier or in the cargo assembly area is beyond the reach of Contractor's equipment, Government may break it down at the place of tiering for handling by Contractor's equipment. Contractor will make no charge for removing cargo from piles within the reach of its equipment. Government will compensate Contractor for tiering of cargo above reach of the Contractor's equipment. When Contractor is required to break down cargo tiered above the reach of its equipment or to tier cargo beyond the reach of its equipment, the Government will compensate Contractor, therefore, on an extra labor basis.

6.1.8. Gear, Equipment, Supplies, and Facilities Furnished by the Government:

6.1.8.1. Following Government supplies shall be furnished to the Contractor on an as required basis:

6.1.8.1.1. If Contractor is unable to furnish dunnage, lashing gear or other protective materials as an out-of-pocket expense IAW paragraph 6.1.11.10 below, Government will provide those materials as a backup, except materials furnished by the Contractor in the Schedule of Rates under schedule 7, either manifested for discharge from a vessel or otherwise indicated for retention at unloading point.

6.1.8.1.2. All U.S. Government forms and publications.

6.1.8.1.3. Lumber for loading and stowing of cargo, if Contractor is unable to source as an out-of-pocket expense. See paragraph 6.1.11.10 below.

6.1.8.2. Government, at its own expense, may furnish and maintain in good working order, forklift(s). However, Contractor shall provide forklift(s), cranes (truck and/or floating), and other MHE when ordered by the Ordering Officer at the rates in Schedule of Rates under schedule 6. If Government orders operator(s) for the Government furnished forklift(s), Government shall compensate Contractor for those services in the Schedule of Rates under schedule 5.

6.1.8.3. For barge operations under this contract, Contractor can use ship's gear. Contractor shall not use floating derricks and shore cranes when, in the opinion of the COR, use of ship's equipment is satisfactory.

6.1.8.4. Government will furnish Contractor with office space in Building 306. Size of space is approximately 823 square feet. Each building has some desks, chairs, benches, and restroom.

Drinking water is available. Contractor shall police the pier and office areas described above and keep them in a clean and sanitary condition at all times, including toilet facilities located in said buildings. Government will provide necessary electricity and proper heating devices as required.

6.1.9. Maintenance First Echelon: Contractor shall perform first echelon maintenance on mobile cranes and forklifts provided by the Government for use under the terms of this contract only when the Contractor is required to operate said equipment. Contractor shall perform first echelon maintenance at no additional cost to the Government which shall consist of operator or first echelon maintenance services listed in current technical/manufacturer’s manuals for each piece of equipment. Contractor will report any discrepancies regarding equipment found to the COR.

Contractor shall charge batteries used on material handling equipment during periods Contractor operates said equipment in the performance of services under this contract. Contractor shall charge batteries using Government charging equipment as part of Contractor's operator's or first echelon maintenance duties.

6.1.10. Gear and Equipment Furnished by the Contractor: Contractor shall, at its own expense, transport and furnish all necessary and proper gear and equipment to perform vessel and terminal operations services required under Equipment Schedule of Rates to include, at a minimum:

ammunition gear (when handling ammunition and explosives), hooks, chain slings, wire rope slings, except special rigging gear; heavy lift slings used in connection with shore or floating heavy lift cranes, spreader bars to include manual container spreader bars, vehicle wheel nets, trailers, lift trucks, yard hustlers and warehouse tractors. Contractor shall adhere to host nation and DoD safety standards for cargo handling gear and equipment other than ship’s gear and to host nation, USFJ/USARJ, and DoD regulations, whichever is more stringent. Contractor shall load test all lifting gear and tag, and certify it, as required under industry and DoD standards IAW TB 43-0241 and USAG-J Regulation 700-2. Contractor shall make available all records of required inspections, load testing and certification for review by the COR upon request. Government shall compensate Contractor for furnishing mobile equipment IAW applicable rates in the “Schedule of

Rates of this contract, whenever such equipment is furnished in connection with services performed on an extra-labor basis.

6.1.11. Other Work:

6.1.11.1. Lashing and Securing: Contractor shall, at its own expense, lash and secure all cargo below deck when loaded on a commodity rate basis, as directed by the COR. Lashing and securing of cargo below deck, which was loaded on an extra labor basis and lashing of all on deck cargo will be done at extra labor rates. Contractor shall supply lumber, wire, turnbuckles, and other equipment, as may be required for dunnaging, securing, and shoring cargo in all instances as an out-of-pocket expense.

6.1.11.2. Unlashing and Unsecuring Cargo: When cargo is discharged on a commodity rate basis, Contractor shall, at its own expense, unlash all cargo on deck and below deck and remove all, chocking, tank beds, and all types of double dunnage flooring, except false decks, as directed by the COR. Contractor shall unlash cargo on deck and below deck, if discharged on an extra labor basis at the rates in the Schedule of Rates under schedule 5 of item 05.

6.1.11.3. Moving and Laying of Dunnage: Loading, shifting within the same hatch, and laying of all dunnage necessary to properly stow and secure vessel cargo, and the reverse operation when discharging vessel cargo, is included in the basic commodity rate. Contractor shall remove all dunnage and lashing gear from discharged vessel and move it to the stack yard at Contractor expense. Contractor shall sort, reclaim and account for such dunnage in the Schedule of Rates under schedule 5, when ordered by the COR. Contractor shall maintain and retain all reclaimed dunnage and lashing gear for later Government use.

6.1.11.4. Carpenter Work, Welding and Burning: Contractor shall perform all necessary carpenter work and welding and burning at Government expense. Government shall compensate these services at the rates in the Schedule of Rates under schedule 5 of item 05 extra labor.

6.1.11.5. Container Stuffing and/or Stripping: If requested by the COR, Contractor shall stuff and/or strip cargo into/out of containers at place of rest on pier, in pier shed/warehouse or within the cargo assembly area. Government shall compensate Contractor at the rate in the Schedule of Rates under schedule 3.

6.1.11.6. Opening and Closing of Hatches and Reefer Plugs: Contractor shall, at its own expense, open and close each hatch during loading and unloading operations and, when necessary because of weather or working conditions, as directed by the COR, provided, however, that Contractor shall open and close any one hatch on an extra labor basis which are loaded and/or discharged at the commodity rate on any hatch so worked; and also where Contractor is required to open and close the vessel to perform extra labor services. Removing, handling, replacing, or setting of reefer plugs during handling of cargo in any or all refrigerated or chilled space aboard the vessel is included in the basic commodity rate, except where complete operation is on an extra labor basis.

When Contractor is required to open or close reefer plugs more than once in any four hour shift because of a change in orders or type of cargo, Government shall compensate Contractor on the basis of 15 minute detention time for personnel in gangs, including equipment drivers and gang foremen.

6.1.11.7. Line Handling: Contractor shall, when requested by the Ordering Officer, furnish personnel to handle lines for vessel docking, undocking, and shifting, and Government shall compensate Contractor on an extra labor basis.

6.1.11.8. Shifting Barges, Lighters, Scows, and Car Floats: Government shall have barges, lighters, scows, and car floats placed alongside the vessel without cost to the Contractor. When shifted from hatch to hatch, Contractor shall do so at its own expense unless operational conditions make movement by ship's gear impracticable in which case Government shall pay for the operation.

6.1.11.9. Transportation of Gear by the Contractor: Contractor shall transport gear and equipment to work sites at its own expense, except when vessel loading or discharge is in stream, or at any other location inaccessible to trucks, unless such movement is made in Contractor supplied/operated lighterage.

6.1.11.10. Contractor Furnished Materials Schedule of Rates under schedule 7: Contractor shall furnish materials for all work performed under this contract to secure and protect cargo during transport as required. These include, at a minimum, wire, cables, turnbuckles, binders, shackles, clips, lumber, dunnage, chocking and blocking material, transporters, trucks; twist ties for chain tie downs on flatcars; tie down straps, seals for cargo (if not provided by the Government) required in the performance of the services hereunder. Upon request and approval of COR/ACOR prior to the start of operations, Contractor shall provide materials and specialized equipment services (examples: floating crane, scissor lifts, generators, light sets, etc.) on behalf of and reimbursed by Government under out-of-pocket (OOP) expenses as they are used. OOP expenses exceeding $3,500 require prior approval from the CO. All materials shall become Government property, but only when used. Contractor shall recover and reuse serviceable material/supplies recovered from discharging ships and when used in subsequent operations. Government will not compensate Contractor for use of recovered materials. Contractor shall furnish dunnage/lumber and lashing materials, of a quantity, grade, quality, size, and dimensions shipside or such other location(s) as determined by COR/ACOR IAW paragraph 6.1.11.10.1 below.

6.1.11.10.1. All wood packaging material (WPM) supplied must meet international phytosanitary standards, heat-treated and certified by an agency accredited by the American Lumber Standards Committee (ALSC) IAW WPM requirements, DoD 4140.65-M, "Compliance for Defense Packaging: Phytosanitary Requirements for Wood Packaging Material (WPM),” 7 September 2007 w/Change 1, 12 August 2009. DA PAM 700-32, “Packaging of Army Material,” 15 January 2008 and 7 C.F.R. 319.40-1 through 319.40-11, and appropriately stamped with ISPM mark (ISPM 15) for use in international shipping. See https://www.ippc.int/static/media/files/publication/en/2016/01/ISPM_15_2013_En_2015-12-22 _PostCPM10_InkAmReformatted.pdf for details.

6.1.11.10.2. When directed by COR, Contractor shall make blocking devices, such as chock blocks and wooden frames.

6.1.11.10.3. When ordered by the Ordering Officer, Contractor shall sort, reclaim and account for all dunnage and lashing gear removed from the discharged vessel, in a manner instructed by the COR. Contractor shall maintain and retain all reclaimed dunnage and lashing gear pending instructions for disposition from the COR. Government shall compensate Contractor for the cost of reclaiming dunnage at the rates set forth in the Schedule of Rates under schedule 5 of the contract.

6.1.11.10.4. Contractor shall turn in any unused OOP materials provided to the Government upon completion of work. Government will provide access to and make reasonable accommodation for storage of materials used by the Contractor in support of this contract in Government facilities located in Building 507, Yokohama North Dock. However, Contractor is not authorized to use Government facilities to store materials used for non-Government operations.

https://www.ippc.int/static/media/files/publication/en/2016/01/ISPM_15_2013_En_2015-12-22_PostCPM10_InkAmReformatted.pdf https://www.ippc.int/static/media/files/publication/en/2016/01/ISPM_15_2013_En_2015-12-22_PostCPM10_InkAmReformatted.pdf

6.1.11.10.5. Contractor shall furnish, as required, oxygen, acetylene and re-coopering materials for which Government shall compensate Contractor as an OOP expense as materials are expended.

Contractor is…