Atch_1_-_Saudi_Arabia_S RTS_PWS_2_May_16.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

Ports in the Kingdom of Saudi Arabia

~ 1 ~

Stevedoring & Related Terminal Services

Performance Work Statement for

Military Operations Terminal – 831st Transportation Battalion

Ports of Saudi Arabia

2 May 2016

~ 2 ~

Stevedoring & Related Terminal Services Performance Work Statement

TABLE OF CONTENTS

Section Section Topic Page

1.0 BACKGROUND & SCOPE

2.0 SECURITY

3.0 SAFETY

4.0 CONTRACT ADMINISTRATION

5.0 CONTRACTOR GENERAL REQUIREMENTS

6.0 PORT/TERMINAL SPECIFIC REQUIREMENTS

CONTRACT PERFORMANCE REQUIREMENTS

Appendix A Applicable Documents Appendix B Glossary of Terms Appendix C List of Acronyms & Abbreviations

~ 3 ~

1.0 BACKGROUND & SCOPE

1.1 Background

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

1.2 Scope - Stevedoring and Related Terminal Services (S&RTS) and Management Services

The 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 or Contracting Officer’s Representative (COR). The 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 Contractor will be paid at the applicable commodity, man-hour or equipment rates as designated in the Schedule of Rates in this contract as requested by the COR.

2.0 SECURITY

2.1 The overall performance classification of this PWS is Unclassified.

2.2 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.

2.2.1 Personnel not requiring a NACI investigation but do require access to the port are required to obtain the necessary documents for their specific assigned duties within the Port of Dammam, and all other ports as required by host nation law.

2.3 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 831st TRANSPORTATION BATTALION HEADQUARTERS 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.

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

As well all personnel wishing access to the Ports of Dammam, Jeddah, Jubail, Yanbu, and the Dry Port of Riyadh, Saudi Arabia must provide a full color copy of passport, Front and Back copy of Saudi Arabia Residency card, Front and back copies of driver’s license, provide vehicle registration front and back, Vehicle insurance, and fill out a security questionnaire. In order to bring a phone on base only US citizens are allowed to bring cell phones with cameras. The following information is required to bring a cell phone onto the base; phone model/type, cell phone number, SIM Card http://www.opm.gov/Forms/pdf_fill/sf85p.pdf

~ 4 ~ number, passport information, nationality, technical data about the cell phone with pictures of the phone. The following web address has the required technical data (http://www.gsmarena.com).

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.

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

2.5 Persons Excluded from the Premises - The Contractor shall not allow a person that has been banned by any authority from the premises to have access to terminal facilities, equipment, or other material related to terminal operations. The Contractor is responsible for keeping an accurate listing and reporting changes within 24-hours of occurrence or prior to a new employee performing services under this contract, to include but not limited to all training required by host nation law operating and handling contractor and Government furnished equipment. If the Government notifies the contractor that the employment or the continued employment of any contractor employee is prejudicial to the interests or endangers the security of the United States of America, that person shall be removed and barred from the worksite. This includes security deviations/incidents and credible derogatory information on contract members during the course of the contract period. The company receiving award of this contract shall make any changes necessary in the appointment(s). The contractor employee will be immediately escorted off the premises. The contractor shall ensure the roles/privileges assigned to contractor employees on the Government computing platforms are limited to the roles/privileges essential to that individual’s performance of his/her assignments. These roles/privileges can be limited or revoked by the Government for any reason.

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

2.7 Cyber Security

2.7.1 Handling and Protection of Non-Public Information.

2.7.1.1 In performance of this contract, the contractor may have access to Covered Defense

Information. The contractor agrees (a) to use and protect such information from unauthorized disclosure IAW Department of Defense (DoD) Instruction 8582.01:

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

~ 5 ~ 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.

2.7.2 Incident Handling

2.7.2.1 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.

2.7.2.2 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 NIST 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.

2.7.2.3 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

~ 6 ~ 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 The government will provide U.S. Military force protection and security of contractor personnel on site, commensurate with the threat, and IAW Chapter 6, FM 3-100.21, applicable Theater Anti-Terrorism/Force Protection guidelines, Defense Federal Acquisition Regulation Supplement (DFARS) 252.225-7040 (c)(1)(i). If the Government notifies the Contractor that the employment or the continued employment of any Contractor employee is prejudicial to the interests or endangers the security of the United States of America, the Contractor shall make any changes necessary in the appointment(s). The contractor employee will be immediately escorted off the premises.

2.9 Personnel Screening. The COR will be responsible for coordinating the Foreign National Screening program IAW current policy USARCENT/ASG-QA Policy IN-002 and Central Command/ Army Central Command (CENTCOM/ARCENT) direction. The COR upon receipt of contract award from the contracting officer will utilize the ASG-QA OCN screening office to screen all employees to ensure they do not have any criminal offenses with their home country.

Refusal to be screened will result in the applicant’s access to all duty locations covered in the PWS and supplemental locations in the Kingdom of Saudi Arabia not covered will be denied or terminated effective immediately and, any badges already issued will be revoked, denied and, confiscated by the COR. Prior US military personnel shall be screened for military service criminal offenses and, local law enforcement agencies at their home of record.

2.9.1 Contractor will submit the following personnel information to the COR:

a. Full Name

b. Social Security Number (if applicable)

c. Position Title

d. Citizenship

e. Date of Birth

f. Place of Birth

g. Passport Number

h. Passport Date Issued

i. Passport Date of Expiration

j. Place Passport Issued

k. Security Clearance

l. Organization and Station

m. Work Telephone Number

n. Departure Date

o. Period of Duty

p. Complete Itinerary within Country

q. Emergency Point of Contact and Phone Number

2.9.2 Once the screening process is completed by the host nation police and local authorities, the results and the applicant request for clearance approval, will be submitted to the 831st TRANSPORTATION BATTALION HEADQUARTERS for vetting through the 595th

~ 7 ~

Trans brigade S-2 to ensure investigative and clearance requirements have been obtained before the start date of the contract for review. Any derogatory information may result in the applicant’s access being denied. Screening will be completed prior to any badge issuance. Screening maintains compliance with enhanced FP measures through document examination; verification; and biographical and security interviews. Applicants who have been denied access due to derogatory information may file an appeal to the Contracting Officer for review.

2.10 Cargo

The Contractor shall, at no additional cost to the U.S. Government, ensure that all Government property in possession or custody of the Contractor is at all times properly secured and safeguarded.

At a minimum, the Contractor shall padlock, seal or otherwise provide security for partially loaded or unloaded vessels, railcars, trucks/trailers, sea vans or milvans remaining overnight, or not released to the carrier, until commencement of work on the following day.

2.11 Vehicle Identification

The COR will be responsible for facilitating Base / Port access for all duty locations covered in the PWS and supplemental locations within the Kingdom of Saudi Arabia. The Contractor shall be responsible for clearance for of any vehicle used in performance of this contract, and shall provide all documents required to facilitate the request for access.

2.12 Information

All information furnished to the Contractor is to be used FOR OFFICIAL USE ONLY (FOUO). The Contractor is required to be aware of Operational Security (OPSEC) requirements from SDDC.

Information determined as FOUO or included as part of the OPSEC Critical Information List (CIL) is not to be released to the public.

2.13 Contractor Access – Port of Dammam and all duty locations in the Kingdom of Saudi Arabia as deemed necessary by host nation laws and the COR. Contractor shall be required to provide personnel information, required documentation, passports, photos etc. in order to secure access for Contractor employees to Ports and supplemental locations within the Kingdom of Saudi Arabia not under USG control. Required documentation will be submitted to appropriate host nation security badging office to process the paperwork and receive the badge. In addition Contractor employees will be required to undergo background investigations and security checks as determined necessary by host nation officials for locations not under USG control. Any cost incurred toward acquiring badging will be at the contractor’s cost. The Contractor shall ensure that employees display the badge at all times and otherwise adhere to all security requirements during operations.

2.14 Security Requirements – The Contractor shall meet all Security requirements IAW host nation laws, and USG requirements for the Ports and all duty locations within the Kingdom of Saudi Arabia as prescribed by this Contract.

Personnel directly hired by the contractor shall comply with all background investigations required by host nation laws and the governing Port Authority of the Port of Dammam, but not limited to any port used by the USG within the Kingdom of Saudi Arabia, and respective host nation security office.

3 SAFETY

~ 8 ~

The Contractor must comply with applicable international, federal, state, local, installation and SDDC Transportation Battalion safety and fire regulations. The Contactor must establish and maintain a written safety program due 30 days after contract is awarded. The Contractor will support the Ports of Dammam and all other ports within the Kingdom of Saudi Arabia/595th Deliberate Risk Management Plan. The Contractor must acquire, maintain, and make mandatory the use of safety equipment, personnel protective equipment and any other devices necessary to protect employees on the installation, port, and on the vessel.

3.1 General Safety Requirements

The contractor shall be responsible for safety of employees during all contractor operations conducted in accordance with this PWS and the Occupational Safety and Health Administration (OSHA), or host nation equivalent safety regulations and guidance as it applies to the Theater of Operations. The Contractor shall perform the services as follows:

3.1.1. Conform to the safety requirements contained in the contract for all activities related to the accomplishment of the work.

3.1.2 Require all personnel working on the dock and in the ship to wear appropriate personal protective equipment to include but not limited to: safety shoes/boots, safety glasses, reflective vest and hard hat.

3.1.3 Comply with all safety, fire and security regulations as prescribed in the host nation general accident prevention regulations, and security regulations applicable to the port of operation.

3.2 Safety-Driver Training

3.2.1 The COR through the Master Driver will make vehicle familiarization training for operating Government vehicles and related processes and procedures, as necessary. The Contractor shall coordinate with local labor to attend the Government provided training so that sufficient pools of operators are available to operate Government vehicles within the port. 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. Labor shall participate and Contractor shall be compensated at man-hour rates.

3.2.2 The Contractor shall ensure that personnel operating Government Vehicles possess a valid State Driver’s License or host nation equivalent. In addition, Contractor personnel who operate Government Vehicles must be trained and qualified to operate varieties of military cargo vehicles to include those items listed in 3.2.1. The contractor shall furnish list of qualified drivers, that will need access to the base, to the COR at least one (1) month prior to the start of an operation.

3.2.3 All Contractor personnel who operate U.S Government or Contractor furnished munitions-laden vehicles shall possess an approved Hazardous Material (HAZMAT) material handling permit or host nation equivalent qualified to directly supervise the vehicle. The Contractor shall provide the COR with a list of drivers that have access to the base and will be used for hazardous or munitions moves. The list will include a statement from the Contractor verifying that the individuals performing driver

~ 9 ~ supervisory functions comply with paragraphs above. The Government reserves the right to stop contractor personnel at any time to verify their qualifications against the approved list of personnel scheduled to perform hazardous handling movement operations functions. Personnel found to be in non-compliance will be removed from the handling of ammunition and the incident will be reported to the Contracting Officer at least within 7 working days as well as in the monthly performance report.

3.3 Operation of Equipment

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. COR will provide all the DA PAM’s and US regulations for any specific requirements for operations on military installations during the vehicle equipment familiarization training. Contractor shall be responsible to compensate damage charges for any damage caused to cargo or USG assets.

3.4 Safety Briefings

The 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 Government will conduct safety briefings when necessary, during which time the labor will be on standby/detention time.

3.5 Accident Reporting

The Contractor shall immediately notify the COR verbally, of any accident or incident, which results in death or injury to personnel during or arising from performance under this contract. Additionally, in all instances where an accident or incident occur resulting in death or injury, the Contractor shall submit a completed commercial report, along with pictures, to the COR within 12 hours of incident.

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

3.6 Damage and Loss Reporting

3.6.1 Transportation Discrepancy Report (TDR) procedures for pilferage and damage claims.

(Form provided by Government).

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. Compensation is included in commodity rates schedules.

3.6.2. Attachments to the DD Form 361:

~ 10 ~

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).

3.7 Environmental Control

3.7.1 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.

3.7.2 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.

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

3.7.3.1 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;

3.7.3.2 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.

3.7.3.3 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, 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.

3.7.4 Secondary Containment For Hazardous Materials, Wastes and Petroleum, Oils and

Lubricants (POL)

3.7.4.1 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.

3.7.4.2 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;

~ 11 ~

3.7.4.3 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.

3.7.4.4 Acceptable secondary containment plan must be submitted in writing as part of the Spill Contingency and Response Plan, see paragraph 3.7.3.1.

4. CONTRACT ADMINISTRATION

4.1 Contract Labor Reporting-The 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. The breakout will include total quantity by class of service.

4.2 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.

4.2.1 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 Government Furnished Property (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.

4.2.1 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 Procuring Contracting Officer (PCO). Any disagreement with the COR decision shall be brought to the attention of the PCO for resolution

4.3 Ground Rules

4.3.1 The Government reserves the right to conduct training and contingency operations for

U.S. Army personnel during a scheduled or contingency load or discharge for any vessel operation. The Contracting Officer or COR will advise the Contractor when such training or contingency operation is scheduled; such notification will be provided to the Contractor as soon as known, but should be provided at least seven (7) calendar days prior to the scheduled start of a normal Government operation, or as soon as possible for contingencies. During these training/special operation events, the Contractor shall

~ 12 ~ provide sufficient qualified labor as required to support vessel loading or discharge operations and related terminal operations.

5 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.

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.

5.1.4 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.

~ 13 ~

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

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.

5.2.4 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.

Report/Document Frequency Time Standards Quantity

Timekeeper Report Each cargo operation

NLT 24 hours after completion of shift

One per operation

Tally & Checking Report Each cargo operation

NLT 8 hours after completion of shift

Two per

TCN

Cargo Damage Report When applicable

NLT 8 hours after completion of shift

One per TCN

Labor Order Form Mtg-Bh-Opps Form 37

Each cargo operation

Operational Reports Daily Before close of business One per day

Warehouse Reports When applicable

Before close of business One when required

Cargo Accountability Documents When applicable

NLT 24 hours after completion of shift

One when required

Monthly Status Report of drivers and Prior to Before base access expires 1 Host

~ 14 ~ trucks expiration Nation Transportatio n Coordinator

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.

Compensation for timekeeping is included in commodity Schedule 1.

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 Attachment 3.

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 $3,500.00 shall be at the approval of the Contracting Officer.

5.6 Detention and Waiting

~ 15 ~

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. Detention shall not be authorized for any part of a gang that is not required on commodity operations or when certain classes of labor on commodity operations are required to stand by because of another class of labor 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 be waiting for the other to perform or complete their job. Neither party will be placed on detention while the other is performing commodity work.

5.7 Minimum Time Labor Hours

Minimum time of 4 hours is time defined as the time in addition to the time actually worked for which the Contractor is required to pay his employees to comply with the 4 hour minimum time requirements of labor agreements applicable to the Contractor and his employees. For the purpose of this contract, minimum time is considered a maximum of four hours per working day. The U. S.

Government shall pay the Contractor for minimum time at the rates in Man hour Schedule 2.

5.8 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.

6 PORT/TERMINAL SPECIFIC REQUIREMENTS

6.1 Scope

This contract covers the handling of Department of Defense (DOD) sponsored export and import cargo at Ports of Dammam, Jeddah, Jubail, Yanbu, and the Dry Port of Riyadh, Saudi Arabia for SDDC units and various military/customer locations within the Kingdom of Saudi Arabia. The Contractor must be capable of working multiple vessels simultaneously at multiple locations using 24 hour continuous operations. The Contractor will be conducting ammunition operations, container operations, load on load off (LOLO) operations and roll on roll off (RORO) operations.

The Contractor shall perform Stevedoring and Related Terminal Services (S&RTS) in the Ports of Dammam, Jeddah, Jubail, Yanbu, and the Dry Port of Riyadh, Saudi Arabia in a manner consistent with the best commercial practices. Any work started before, and not completed by, the expiration of

~ 16 ~ this contract shall be governed by the terms and conditions of this contract, unless otherwise requested by the Contracting Officer.

The Contractor shall be prepared to obtain fare and marketable rates for the schedules outlined within this PWS, if and when required to do so, to support US and Coalition operations at the Ports of Dhuba, Gizan, and Jizan.

6.2 Stevedoring and Related Terminal Services

6.2.1 Planning

6.2.1.1 Planning is the evaluation of stevedoring and related terminal services to ensure safe, efficient and economical operation by providing qualified labor, equipment and materials to accomplish those services. This shall include all aspects of the operation to ensure the Contractor provides the required manpower, equipment and resources to perform the operation. Planning shall include, but is not limited to: allocation of laborers and estimated time of completion, staging plans, vessel discharge plan and other distribution and transportation planning as required to move assets sponsored by the United States Department of Defense. Operational planning meetings shall be held on an as needed basis for the purpose of finalizing planning information. The Contractor shall work with the COR and the 831st Transportation Battalion to provide a staging and operations plan that has been approved and validated before briefing to the port of Dammam Harbor Master and Safety Crew in order to gain final approval to conduct vessel operations. Compensation for Vessel operations shall be in accordance with Rates set forth in Schedule 1.

6.2.1.2 Where possible, the Government will:

• Provide a load/stow plan to the Contractor

• Resolve cargo discrepancies (including Hazardous Material (HAZMAT))

• Identify sensitive/classified/HAZMAT cargo and provide handling instructions

• Identify reefers and provide handling instructions

6.2.2 Vessel Loading

The Contractor shall perform loading operations in such a manner that no damage is caused by the Contractor. The Contractor shall comply with the transportation priorities in DOD Regulation 4500.9R (DTR) and shall comply with the approved pre-stow plan.

Compensation shall be at the rates set forth under Schedule 1A.

6.2.2.1 The Contractor shall move cargo from place of rest and place cargo in final stow location on vessel in accordance with the stowage plan.

6.2.2.2 Loading performed on an extra labor basis shall meet or exceed the experienced production standards. Contractor shall be compensated at the rates in Schedule 2-Extra Labor (straight time). Extra Labor (overtime) to include Friday’s, Saturdays/ Holiday’s & Night overtime after 2300-0700. Compensation will be under Schedule 2-Extra Labor (Overtime):.

6.2.2.3 Removal of Materials. The Contractor shall remove all unused dunnage, lashing and securing material. The Contractor shall also remove from vessel all debris

~ 17 ~

(including broom sweeping) generated by the operation. Compensation is included in the commodity rate in Schedule 1.

6.2.2.4 Lashing and Securing of Cargo on Vessel. The Contractor shall lash and secure cargo on vessel as requested by the COR. The Contractor shall also record/report all Commercial furnished or Contractor provided dunnage, lashing and securing material used aboard the vessel. Compensation is included in the commodity rate in Schedule 1.

6.2.2.5 Storage of Unused Materials. Unused Dunnage, lashing and securing material belonging to the vessel shall be stored by the Contractor aboard the vessel according to the instructions of vessel master or chief mate. Contractor will be responsible for clearing all contractor furnished dunnage materials from vessels per instructions from vessels first officer.

6.2.2.6 Securing cargo. When loading, lashing and securing cargo on the vessel, no time shall lapse between these tasks. Cargo at all time will be lashed/secured as per DTR regulation.

6.2.2.7 Staging. The U.S. Government has the option to request supervision, personnel and material handling equipment for managing marshalling and staging yards.

The Contractor may manage these yards in accordance with (IAW) the Government provided (ICODES) yard utilization and vessel stow plans. This may require the Contractor to segregate cargo IAW the Integrated Computerized Deployment System (ICODES) plan. This plan may require segregating cargo into separate staging areas. The Contractor may be required to provide MHE support at sea port of debarkation/seaport of embarkation (SPOD/SPOE) staging yards at the Ports of Dammam, Jeddah, Jubail, Yanbu, and the Dry Port of Riyadh, Saudi Arabia. Compensation for staging yard space will be under Schedule 6. MHE and Labor requested for performing yard operations will be paid under Schedules 4 and 2 respectively.

6.2.2.8 Broken/Missing Seal and/or Damaged Cargo. Prior to vessel loading cargo with either broken or missing seal, or which contain damaged cargo, the Contractor shall notify the COR/ACOR. When requested by COR, compensation for seal will be under Schedule 8.

6.2.3 Vessel Discharging

The Contractor shall perform discharge operations in such a manner that no cargo is damaged. All cargo shall be landed at the designated place of rest. Compensation shall be at the rates in Schedule 1B.

6.2.3.1 The Contractor shall unlash, unsecure, breakout and move cargo from place of rest on vessel to the temporary resting area or mode of land transport.

6.2.3.2 Removal of Materials. The Contractor shall remove and account for all dunnage, lashing and securing material discharged from vessel.. The Contractor shall also remove all debris (including broom sweeping) generated by the operation.

Compensation included in the commodity rate of Schedule 1B.

6.2.3.3 Storing of Dunnage and Lashing Materials. Unused dunnage, lashing and securing material belonging to the vessel shall be stored by the Contractor aboard the vessel according to the instructions of the vessel master or Chief mate..

Contractor will be responsible for clearing all contractor furnished dunnage materials from vessels per instructions from vessels first officer.

~ 18 ~

6.2.3.4 Discharging performed on an extra labor basis shall meet or exceed the experienced production standards. Contractor shall be compensated at the rates in Schedule 2-Extra Labor (straight time). Extra Labor (overtime) to include Friday’s, Saturdays Holiday’s & Night overtime after 2300-0700. Compensation will be under Schedule 2.

6.2.3.5 Broken/Missing Seal and/or Damaged Cargo. Prior to vessel loading cargo with either broken or missing seal, or which contain damaged cargo, the Contractor shall notify the COR/ACOR. Compensation for seal will be under Schedule 8

6.2.4 Receipt of Cargo/ Unloading of Trucks

The Contractor shall unlash, unsecure, and remove cargo from modes of Inland transportation to designated place of rest. Unloading also includes removing/reinstalling transporter components i.e. sideboards, rails and tarpaulins. The Contractor shall remove all labels and placards from all modes of land transport before release back to carrier.

Compensation for unloading of Trucks at the Port location shall be based on rates in Schedule 1C which includes Labor, MHE and Port handling charges.

6.2.4.1 Unloading Inland Transportation (Receipt LOLO/RORO). When necessary, the Contractor shall unlash, unsecure and remove cargo from mode(s) of Inland transportation and place cargo in a temporary resting area prior to loading.

Unloading also includes removing/reinstalling transporter components, i.e.

sideboards, rails, tarpaulins, etc. The work area where modes of Inland transportation are loaded/unloaded shall be kept free of wood splinters, nails, lashing gear material and other residue generated during loading/unloading and lashing/unlashing operations. Compensation shall be at the rates in Schedule 1C.

6.2.4.2 Removal of Tarpaulins. When requested, the Contractor shall remove tarpaulin covers from trailers. Additionally, the Contractor shall retain control and maintain accountability of all Government furnished tarpaulins. Compensation is included in rates in Schedule 1C.

6.2.5 Disposition of Cargo/ Loading Trucks

The Contractor shall remove cargo from place of rest and load/lash/secure onto modes of land transport. Loading shall also include removing/reinstalling transporter components;

i.e., sideboards, rails and tarpaulins. Compensation for unloading of Trucks at the Port location shall be based on rates in Schedule 1D which includes Labor, MHE and Port handling charges.

6.2.5.1 Loading Inland Transportation (Disposition LOLO/RORO). The Contractor shall move cargo from place of rest and load cargo on mode of land transport.

Loading onto military or commercial land transport includes lashing/securing of cargo, covering cargo with tarpaulins, when requested by the COR/ACOR, and removing/reinstalling transporter components; i.e. sideboards, rails, tarpaulins, etc. The work area where modes of Inland transportation are loaded/unloaded shall be kept free of wood splinters, nails, lashing gear material and other residue generated during loading/unloading and lashing/unlashing operations.

Compensation for loading on mode of land transport shall be at the rates in Schedule 1D.

~ 19 ~

6.2.5.2 Time Lapse. When loading cargo onto land transport, no time shall lapse between loading/lashing the cargo and the onward movement of the truck.

6.2.5.3 Lashing and Securing of Cargo. Lashing and securing of cargo on mode(s) of land transport shall be in accordance with host nation laws and regulations and best commercial practices.

6.2.5.4 Military Transportation. Lashing and securing of cargo on military trucks shall be in accordance with applicable Military regulations.

6.2.6 Stuffing/Unstuffing of Cargo

The Contractor shall perform the stuffing and unstuffing operations in such a manner that no cargo is damaged by the Contractor. Compensation shall be based on rates in Schedule 1E which includes Labor, MHE and Port handling charges.

6.2.6.1 Stuffing. The Contractor shall remove cargo from place of rest and stuff it into containers. All containers/ flat racks shall be marked and/or tagged in accordance with Defense Transportation Regulation (DTR) procedures. The Contractor shall tape or otherwise secure a copy of the shipping load list on the container/ flat rack IAW COR/ACOR instructions. Compensation shall be at the rates in Schedule1E.

6.2.6.2 Unstuffing. The Contractor shall unstuff cargo from containers/ flat racks to place it in the designated resting area. Unstuffing also includes unblocking/unsecuring cargo, and cleaning the container/ flat rack by removal of debris and nails.

6.2.6.3 Verification of Seal Numbers. Customer will provide 831st Transportation Battalion the TCMDs IOT pass on to the contractor for customs final…