Atch_1_PWS_Philippines_Recompete_25JAN18_SPM.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES (S&RTS)

ALL PHILIPPINES PORTS LOCATED IN THE ISLANDS OF LUZON, MINDANAO,

AND VISAYAS

Stevedoring & Related Terminal Services

Performance Work Statement

FOR

835th Transportation Battalion

All Philippines Ports Located on the Islands of Luzon, Mindanao, and Visayas

25 January 2018

Stevedoring & Related Terminal Services Performance Work Statement (PWS)

Table of Contents

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES (S&RTS)

1. BACKGROUND & SCOPE

2. SECURITY

3. SAFETY

4. CONTRACT ADMINISTRATION

5. CONTRACTOR GENERAL REQUIREMENTS

6. TERMINAL SPECIFIC REQUIREMENTS

Appendix A Regulations, Publications, and Forms

Appendix B Commodity Descriptions & SOR

Appendix C Glossary of Terms

Appendix D List of Acronyms & Abbreviations

Appendix E Payment, Ordering, and Invoicing Instructions

1. BACKGROUND & SCOPE

1.1 Background. The 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). This contract covers handling of Department of Defense (DOD)-sponsored export and import cargo at all ports within the Republic of the Philippines, with primary ports located on the islands of Luzon, Mindanao, and Visayas working vessel operations simultaneously at multiple ports throughout the Republic of the Philippines on twenty-four (24) hour continuous basis of operations. See paragraphs 6.1 and 6.2 for more specific geographic information.

1.2.1 The Contractor shall provide S&RTS and management services in connection with the receipt, disposition, processing, and/or loading/discharging of cargo via all conveyances as designated by the Contracting Officer (CO) or Contracting Officer’s Representative (COR)/ Alternate Contracting Officer Representative (ACOR. Subsequent references to the COR will assume the ACOR as well, unless otherwise specified). The Contractor will obtain required approval of all work, services, or other operations from the COR. The Contractor will assume all expenses for any work performed without authorization from the COR. The Contractor shall provide sufficient qualified labor, gear, equipment, and materials to satisfy the scope of this contract and make every effort to rectify any shortfall, for which the Government will pay Contractor at applicable commodity or man-hour rates as designated in the Schedule of Rates (SOR). The Contractor shall provide all terminal specific requirements designated in Section 6 In Accordance With (IAW) this Performance Work Statement (PWS).

1.2.2 Out-of-Pocket Expenses involve the reimbursement of actual payments 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. Out-of-pocket expenses do not include expenses inherent to performing stevedoring and related terminal services. For the purpose of purchasing supplies/non-durable goods, the Contractor shall obtain approval from the COR for each item requested. Any purchases above the threshold of $3,500.00 shall only be made upon written approval of the Contracting Officer.

1.2.3 Calling for Services. Specific services to be performed under task order issued IAW the clause of this contract shall be identified by the COR and conveyed to appointed Ordering Officer (OO). All services will be ordered and task number assigned. The OO shall develop an order estimate identifying all services agreed to by the COR and the Contractor as required, as soon as practicable prior to the start date/time of any missions. The COR/ACOR may also identify during an operation additional labor/services/equipment verbally to the Contractor when necessitated by the operation and signed written request. The Contractor shall confirm all verbal orders in writing with the OO within 24 hours. The OO will finalize each task order, accounting for actual performance within 7 days following completion of each task performance. Work performed without written task orders will result in non-payment to the Contractor. The Contractor shall reconcile all work with the COR and all SDDC forms (288, 290s, time sheets) are completed and signed. The Contractor shall submit final invoice for payment upon notice that, final task orders are completed.

1.2.4 Training and Contingency Operations. The Government reserves the right to conduct training and contingency operations for Department of Defense (DOD) personnel during a scheduled or contingency load or discharge for any vessel operation and related terminal operations. During these scheduled training or contingency operations, the Government may utilize military personnel for loading and discharging vessels, and conducting routine terminal/port operations. The COR will inform the Contractor when such training or contingency operation is scheduled as soon as it is known, but NLT 48 hours prior to training, contingency, or special operation mission. During these training/special operation events, the Contractor shall provide, when ordered by the OO, sufficient qualified labor to support DOD personnel. The Government shall compensate the Contractor for such labor and equipment to include operators, flagmen, lashers, mechanics, or headers when requested, at man-hour and equipment rental rates established in Schedules 2 & 4 of the SOR. The Government reserves the right to bring in skilled military drivers to operate, load, and discharge specialized, unique military vehicles and equipment at any time when determined by the COR. When military drivers are used to work the entire vessel, the

Contractor shall be compensated by invoicing 25 percent less on commodity rates. When labor is requested by the COR and only used to lash and unlash cargo, the Government shall compensate the Contractor at the commodity rate established in Schedules 1A1a or 1A2a of the SOR.

1.3 Ground Rules and Constraints

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

1.3.2 Persons with Restricted Duties. 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. SECURITY

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

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

2.1.2 The Contractor is responsible for being aware of and complying with requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to the Contractor’s failure to comply with Installation Access Control processing requirements.

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

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

2.1.5 Contractor personnel shall protect privacy, sensitive information, and “For Official Use Only” data for duration of the performance of this contract.

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

2.2 Cyber Security

The services provided within the scope of this contract are considered "operationally critical support" as defined in 48 CFR 252.204-7012, "Safeguarding Covered Defense Information and Cyber Incident Reporting”.

2.3 Personnel Screening.

2.3.1 The Contractor shall screen all employees for indications of criminal, terrorism, or threat-related activity or alliances detrimental to the United States of America. The Contractor shall not employ any person under this contract convicted of any of these offenses or who presents any of these unfavorable behaviors, or who is simultaneously a United States Government employee.

Anyone refusing screening shall result in denial of applicant’s access for employment and/or termination.

2.3.2 List of Contractor Personnel. Prior to commencing contract performance, the Contractor shall provide a list of names of all employees and sub-contractors who will work under this contract to the COR. The Contractor shall keep this list accurate and report changes within 48 hours of occurrence or prior to a new employee performing services under this contract. This list shall contain names and addresses, a copy of identification documents or driver’s license, and a copy of employment card or equivalent for each employee.

2.4 General Security Requirements.

2.4.1 Personnel Identification (ID) Badges and Vehicle Passes. All permanent or temporary personnel hired directly or indirectly by the Contractor for work under this contract shall have in their possession, and display when required, a current US Government issued photo Transportation Worker's Identification Credential (TWIC) card. Upon termination of employment, the Contractor shall return all badges and base access passes to the installation security forces or the COR within 24 hours of termination.

2.4.2 Base Access. Contractor personnel performing IAW this PWS shall display identification badges at all times at the port and military installations. The Contractor may experience delays getting commercial vehicles on base, so allow sufficient time for commercial vehicles to reach their destination. The Contractor shall obey posted speed limits while operating vehicles on base or Host Nation ports. Commercial vehicle access is subject to change without prior notification.

2.4.3 Security Compliance. The Contractor shall ensure employees adhere to all security requirements of U.S. military installations and Host Nation IAW performance of this PWS. Upon completion of performance of services IAW this PWS, the Contractor shall surrender all government-issued identification cards, supplies, materials, and equipment related to this contract to the COR.

2.4.4 Security Briefing. The Contractor will conduct a security briefing prior to the start of all operations to include threat and suspicious activity reporting procedures, physical and critical information security and authorized use of Government-owned information systems and computing devices, if required. The Contractor will provide Port security contact information to all contract personnel IAW Host Nation/military authority and International Ship Port Security

(ISPS) rules/regulations. The COR shall receive a copy of the briefing via email or in hardcopy prior to each shift to ensure the Contractor is performing this requirement.

2.4.5 Contractor employees are prohibited from bringing contraband material into or out of any Government or Host Nation port, installation, or facility.

2.4.6 Reporting Threat and Suspicious Activity. The Contractor and all their employees and/or sub-contractors shall train all their employees on DOD and Host Nation security procedures to report threats and suspicious activity. The Contractor will use this training to immediately identify and report suspicious activity or threats to the COR and nearest security forces. The COR will provide the Contractor with additional information on suspicious activity reporting procedures.

The Government may require changes in security requirements without notice.

2.4.7 Operations Security. All information furnished to the Contractor is FOR OFFICIAL USE ONLY (FOUO) and not releasable to the public or anyone who does not have a need to know. The Government shall furnish Operational Security (OPSEC) awareness briefings to the Contractor, ensuring OPSEC is maintained. The Contractor and any of his employees or subcontractors will not to release to the general public information determined as FOUO, or included as part of the OPSEC Essential Elements of Friendly Information (EEFI). The Contractor will contact the COR for determination when release of information is authorized (see paragraph 2.4.8 below); ensure proper handling and storage of FOUO information for duration of contract; and return of all documentation to the COR for disposition when no longer required or at the end of the contract, whichever comes first. The Government will furnish Managerial Information to the Contractor as follows:

2.4.7.1 Advance information and documentation, as is available, concerning cargo released for shipment to the terminal and inbound ships due with import cargo.

2.4.7.2 Manifests, bills of lading, stow plans or any documents on which the Contractor's invoice for payment is based or for which the Contractor needs to perform work under this contract.

2.4.7.3 Names, berths, dates, and ships where work will occur.

2.4.7.4 A listing of cargo for loading on each ship and pre-stow plan (s) for vessel loading and/or discharge plan (s), and staging plan (s) for discharge operations.

2.4.7.5 Specifications for processing of military vehicles.

2.4.7.6 Global Air Transportation Execution System (GATES) cargo lifted or discharge reports.

2.4.7.7 Disposition and marking instructions for import cargo and arrangement/flow of inland transportation (port clearance).

2.4.8 Information Security.

Information provided above is the direct property of the US Government and dissemination without prior authorization is prohibited unless:

2.4.8.1 CO has given prior written approval;

2.4.8.2 Information is otherwise in the public domain before the date of release; or

2.4.8.3 Information results from or arises during performance of the contract as negotiated by the CO with the Contractor and research performed and determined in writing by the CO as fundamental research IAW National Security Decision Directive 189, National Policy on the Transfer of Scientific, Technical and Engineering Information, in effect on the date of contract award and the USD (AT&L) memoranda on Fundamental Research, dated May 24, 2010, and on Contracted Fundamental Research, dated June 26, 2008.

2.4.8.4 Requests for approval to release shall identify specific information for release, medium used, and purpose for release. The Contractor shall submit request for release of information to the CO at least 10 business days before proposed date of release.

2.4.8.5 The Contractor agrees to include a similar requirement, including this paragraph, in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the CO.

2.4.9 The Contractor’s procedures for protecting against unauthorized disclosure of information shall not require DOD employees or members of the Armed Forces to relinquish control of their work products to the Contractor.

2.4.10 Privacy Information. The Contractor and COR must ensure all personnel information collected, maintained, used, or disseminated is relevant and necessary to accomplish the contract.

The Contractor will collect information to the greatest extent practicable directly from and inform the individual of the reason collection of the information is required; authority for collection; who and for what purpose; whether disclosure is mandatory or voluntary; and the impact of not providing the information. The Contractor and COR will establish appropriate administrative, technical, and physical safeguards, for protection of paper documentation involved, to ensure security of records, and prevent compromise or misuse during storage, transfer, or use; including transiting authorized alternative worksites. Privacy information collected must comply with Host Nation, DOD, and Army Privacy Act regulations, whichever is more stringent.

2.5 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 discharged vessels, trucks/trailers, containers remaining overnight, or not released to the carrier, until commencement of work on the following day.

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

3. SAFETY

Contractor is responsible for complying with, enforcing and monitoring applicable host nation, international, local installation and SDDC Transportation Battalion safety and fire regulations.

COR will log any discrepancies within the defined quality performance process. Contactor must establish and maintain an effective and comprehensive safety program. Contractor will support the SDDC battalion’s Emergency Disaster Plan. Contractor must acquire, maintain, and require use of safety equipment, personal protective equipment (PPE) and devices necessary to protect employees on the installation, port, and the vessel. Government reserves the right to halt

Contractor operations when the Operations Officer, COR, or other Government representative observes unsafe operations; where damages/harm to life or property are possible. Operations shall not resume until such time as Contractor revises their methods of operation to COR satisfaction.

Government shall not compensate Contractor for any standby time and may hold Contractor liable for any other costs incurred by Government, if operations are halted due to Contractor unsafe operations.

3.1 The Contractor is required to adhere to host nation, local authority, and/or DOD standards for a safe working load for cargo handling gear and equipment and ship’s gear. The Contractor shall ensure his employees wear hard hats at all times when working in “hard hat areas” designated by the COR, at minimum hatches, wharves, terminal warehouses, and open storage areas. In all cases, the Contractor shall provide fresh labor at the beginning of each shift who shall have at least eight

(8) hours of rest before starting work.

3.2 Emergency Response Plan: The Contractor shall provide a comprehensive safety and security Emergency Response Plan clearly outlining procedures for emergency HAZMAT cleanup of spills from leaking Material Handling Equipment (MHE) (for example forklifts, tugs, and container top handlers) owned or leased by Contractor to include damage to property and the environment.

When the Contractor does not have sufficient resources of his own, the Contractor shall immediately arrange for outside emergency response personnel who specialize in spill containment and clean up. The Contractor shall pay for any such clean up and comply with hazardous spill procedures in the Emergency Response Plan. The Contractor shall report immediately to the COR and Port Emergency Response Officer for any leakage or spillage of hazardous substances on the ground or any leakage or spillage.

3.2.1 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.

3.2.2 The Contractor shall comply with all applicable host nation environmental laws and regulations to include but not limited to:

A written Spill Contingency and Response Plan shall be submitted to the COR within ten (10) calendar days of contract award. At a minimum, this plan shall comply with all applicable directives of the host nation environmental guidance and instructions. The Contractor’s Spill

Contingency and Response Plan (SCRP) shall specifically describe how the Contractor will prevent and respond to spill incidents. In addition, an acceptable secondary containment plan must be submitted in writing as part of the Spill Contingency and Response Plan.

3.2.2.1 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.

3.2.2.2 At no additional cost to the Government, the Contractor shall maintain supplies for emergency response while in transit on public roadways and thoroughfares until the host nation chemical response team arrives. At no additional cost to the Government, the Contractor shall maintain supplies for routine maintenance releases. These supplies shall be available or accessible, in a quantity and size, determined by the Contractor, to resolve a ten (10) gallon spill or five (5) cubic feet of materials, wastes, or contaminants that may potentially affect or impact the environment.

3.2.3 Secondary Containment for Hazardous Materials, Wastes and Petroleum, Oils and

Lubricants (POL).

3.2.3.1 At no additional cost to the Government, 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.)

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

3.2.3.3 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.

3.3 Safety-Driver and Government Furnished Equipment (GFE) operation/maintenance Training.

Training is providing information, knowledge, and skills reinforcement to meet requirements. The Government shall:

3.3.1 Make available training for operation of Government vehicles and related processes/ procedures within the port. The Contractor shall coordinate with local labor to attend Government-provided training so that sufficient pools of qualified operators are available to operate Government vehicles, within a port as required. Government vehicles may include, but are not limited to, all classes of Trucks, Stryker vehicles, Heavy Equipment Transporters (HET), Mine Resistant Ambush Protective (MRAP) vehicles and Armored Tracked vehicles. The Contractor shall attend scheduled training at his own expense.

3.3.2 At times, the Government will have field service representatives or vendor training onsite for new vehicle modeled equipment. The Government shall identify and provide vehicle specific training requirements for the Contractor’s employees to attend. The COR will coordinate training events with the Contractor to ensure maximum participation. The Contractor shall attend scheduled training at his own expense.

3.3.3 The Contractor shall ensure that personnel operating Government Vehicles possess valid civilian driver’s licenses as required for operating vehicles in The Republic of The Philippines. If vehicles are laden with hazardous materials (HAZMAT), to include munitions, drivers must have an approved HAZMAT endorsement from the Host nation. The Contractor shall not use Ammunition and Explosives laden MHE or vehicles during operator training at any time.

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

3.3.5 The Contractor shall provide two qualified POCs for HAZMAT handling who will ensure that their employees comply with “DFARS 252.223-7002 SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES (MAY 1994)” in Section H, and, when applicable, with TB 43-0250; TMs 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 and §172.700, 49CFR, whichever is more stringent.

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

3.4 Safety Briefings. The Contractor shall, as part of the commodity operation, conduct and document safety briefings for all workers prior to all operations and at each shift change thereafter, and must brief new workers as any new labor is added. Contractor will conduct safety briefings and supervised by a Government representative. The COR may provide the Contractor with a checklist of safety and security topics for addressing prior to the start of vessel or terminal operations and may also participate in these briefings. Safety briefings conducted by the Contractor will relate to the type of operation (e.g. truck, vessel, yard, crane, etc.), and, at minimum, must meet host nation, local authority and/or DOD regulatory guidance, whichever is more stringent. Safety briefings shall be conducted in both English and in Host Nation Language. It should include the following basic information:

a. Overall General Safety Requirements

Work tasks for performance 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/man overboard - prevention, recovery and survival

b. Traffic Safety

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

Speed limits – pier, yard, and vessel

Parking locations Traffic Flow Use of ground guides when moving (ramp/backing/stow) Rail crossings

c. Task- or Terminal-Specific (as applicable)

Terminal and yard configurations, distinctive characteristics Safe equipment operation - MHE, vehicles (verify trained/certified/licensed) Safe explosives handling procedures - (verify trained/certified/licensed) Ladder Safety Use of fall protection Safe lashing procedures Unusual loads

3.4.1 When necessary, The Government may stop any operation and conduct additional safety briefing, for safety infractions or additional safety requirements per the local Commander’s guidance. During which the Contractors labor shall be placed on standby time. The Government will inform labor of the additional safety requirements or infractions and this briefing will include information as prescribed in paragraph 3.4 above.

3.5 Operation of Equipment. The Contractor must maintain and operate all equipment used during operations IAW applicable Host Nation, local authority, laws and regulations, DOD, Army, port, and terminal regulations, directives, instructions and pamphlets, whichever is more stringent.

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 equipment. The Contractor shall replace the equipment or takes corrective action for the miss-use. The Contractor will replace any non-compliant equipment so that there will be no delay or hindrance to operations in any way. The Contractor must notify the COR when corrective action was taken and the equipment is made compliant, before it is put back into service.

3.6 Damage, Accident, and Loss Reporting.

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

3.6.2 In all instances where a reportable accident (that meets the minimum criteria IAW DA PAM 385-40 for ground Class A–D accidents) or incident occurs, the Contractor shall submit a full written report to the COR within 24 hours, utilizing the U.S. Army Abbreviated Ground Accident Report (AGAR) (DA Form 285-AB-R). The Contractor will also report accidents that do not meet AGAR minimum criteria to the COR.

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

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

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

3.6.3.1 After an accident or serious incident occurs, the Contractor shall secure the accident location and preserve critical evidence. The Contractor shall also allow Government personnel access to the location, any evidence, and any contractor-employed witnesses. Operations will not resume until cleared by the COR and local authorities.

4. CONTRACT ADMINISTRATION

4.1 Detention/Standby and Minimum Time.

4.1.1 Minimum time is the least amount of hours for which Government shall pay the Contractor for labor and equipment working under the SOR. For this contract, minimum time is 4 hours. In no case will the Government pay minimum time when work is ordered; cargo/freight is available to work at the work site or vessel; but not worked due to Contractor’s inability to provide personnel and/or equipment.

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

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

4.1.2.2 The Government shall not compensate the Contractor for detention for any part of a gang not required for commodity operations or when certain classes of labor on commodity operations are required to standby because another class of labor is performing a commodity operation. For example, commodity vessel load is inclusive of loading and lashing cargo. Gangs conducting loading and lashing 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.

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

4.1.2.4 The Contractor shall provide documentation justifying detention/standby time to the COR by the end of each shift wherein the detention occurred for approval of compensation. Failure to do so at that time may preclude compensation except with CO approval.

4.1.3 The Government shall pay minimum time to the Contractor when work fails to materialize or is completed prior to the minimum time, but shall not pay for checkers working in conjunction with longshoremen until completion of the longshoreman commodity activity; and any part of a gang not required on a commodity activity. For example, a truck unloading operation is inclusive of unlashing and unloading cargo under one commodity rate. Lashers who finish unlashing are still on commodity time (i.e., not detention) until drivers complete unloading and staging to point of rest. During a truck load, after drivers complete the load, they remain on commodity rate until lashers have completed all lashing. While one portion of the gang is on commodity, all are listed as commodity.

4.1.4 The Contractor must obtain CO or COR pre-approval to work in all conditions specified in paragraph 4.1.1 through 4.1.3 above.

4.2 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 for reconciliation. Breakout will include total quantity by class of labor, equipment by operation performed.

4.3 In addition to all other requirements stated elsewhere, the Contractor shall provide the Government with:

4.3.1 Daily port work accomplishment plan; based upon vessel discharge/load/port clearance guidance, to include number of gangs, vessels, piers, etc., and equipment requirements, by shift, for the next twenty four (24) hour period. The Contractor shall provide this information at daily operations meetings.

4.3.2 Verbal reports of contractual problems, actual or anticipated, as identified with a monthly written report reflecting unresolved conditions or negative reports, if appropriate. Written reports/records are required for any commitments made between the Government and the Contractor.

4.4 Upon request by the Government, the Contractor shall provide the COR cargo management information generated as a result of this PWS and respond to specific inquiries. In addition, the

Contractor shall furnish information about specific changes to union contracts and local work rules that affect cargo operations IAW performance of this PWS. The Contractor shall answer inquiries regarding movement, status, and/or disposition of cargo within eight (8) working hours or less.

The Contractor shall immediately notify the COR of his inability to perform any task/function

IAW this PWS.

4.5 Transition of Contract

Within seven (7) days after contract award, the outgoing Contractor shall begin a joint inventory with the incoming Contractor. This joint inventory shall be completed and all issues resolved within seven (7) days of commencement, unless a longer period is approved by the Procuring Contracting Office (PCO). Transfer of all property shall be completed within seven (7) days after completing of the joint inventory.

4.5.1 Property. A 100% physical inventory will be conducted by the outgoing Contractor and verified by the incoming Contractor. The Government's Property Administrator (PA) and/or a designated Property Representative will observe the physical inventory to assure concurrence by all parties. Upon completing the 100% inventory, the outgoing Contractor will post the transfer document as a closing adjustment to that Contractor’s property records. The outgoing 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 thirty (30) days from award.

4.5.2 Schedules. It is of utmost importance that work schedules be maintained during transition.

The outgoing Contractor will be responsible for work schedules until a work 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 COR that the incoming Contractor can conduct operations without detriment to the mission. This determination will be made in writing and provided to the PCO. Any disagreement with the COR's decision shall be brought to the attention of the PCO for resolution.

5. CONTRACTOR GENERAL REQUIREMENTS

5.1 General Contractor duties and requirements 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. Government shall provide Contractor with notice, as soon as known, of any inbound vessel, to include vessel configuration; arrange for staging area and berths (if applicable).

5.1.1 Performance Requirements. The Contractor's performance will be measured against the critical performance objectives listed in Contractor Performance Requirements Summary (PRS).

5.1.2 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

5.1.3 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.

5.1.4 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 Government’s 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 of any inspection or test.

5.1.4.1 Government Observations. Government personnel apart from COs, CORs, and Quality Assurance Evaluators (QAE’s) may, from time-to-time, observe contractor operations. However, these persons may not interfere with contractor performance.

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

PRS.

The QCIP shall include the following:

a. A quality control inspection system covering general and specific tasks included in the contract scope of work. It should specify tasks or areas to be inspected on both a scheduled or unscheduled basis, and the manner in which inspections are to be conducted.

b. The names of firms or individuals tasked to perform inspections and the extent of their authority. This may be in the form of an organization chart or other form approved by the

COR.

c. A method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

d. A method of documenting and enforcing quality control operations of prime or subcontractor work, including inspection and testing.

5.1.5.1 QCICs shall be submitted to the COR upon completion of every ordered operation/mission.

5.1.5.2 Quality Control Files (QCF). The Contractor shall maintain a file of all Contractor inspections or tests, to include any corrective actions taken. The Government may review the Contractor’s QCF at the PCO’s discretion during the contract term, to include any extensions of contract term. The Contractor’s QCF is Government property and turned over to the Government upon completion or termination of the contract.

5.1.6 The Government will evaluate the Contractor's performance under this contract using the methods of surveillance specified in the PRS. The Government will document all surveillance observations. When an observation indicates defective performance, the COR will discuss and request the Contractor or their representative to correct the deficiency and initial the observation.

However, the Government's right to perform additional inspections shall not be limited to the requirements in the PRS.

5.1.7 Performance Evaluation Meetings. The Contractor's contract manager shall be required to meet at least weekly with the CO and/or the COR during the first month of the contract. Meetings will be held as often as necessary thereafter, as determined by the COR. However, upon the Contractor's request, a meeting will be held whenever a contract discrepancy report is issued. The written minutes of these meetings shall be signed by the Contractor's contract manager, CO, and COR. Should the Contractor not concur with the minutes, the Contractor shall so state any areas of non-concurrence in writing to the CO and send a copy to the COR within ten (10) calendar days of receiving the signed minutes.

5.1.8 Contractor Performance Assessment Reporting System (CPARS). The Contractor’s performance will be evaluated yearly and the Contractor Performance Assessment Report (CPARS) will be entered into CPARS by the COR. The CPARS 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 Compliance. The Contractor shall ensure compliance with DFARS 252.225- 7040 (e) and any applicable regulations, security and force protection requirements.

5.3 Timekeeping. The Contractor shall maintain timesheets, with 100% accuracy, for all contractual services furnished by his own operations and subcontractor’s operations. The timesheet shall include: date of operation; if work was performed on daily shift or continuous shift;

the number of laborers, by labor class 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. Compensation for timekeeping is inclusive of commodity rates in the SOR.

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

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

5.6 Invoices. The Contractor shall submit invoices and payment IAW the Invoicing Instructions found in Appendix E .

5.7 Administration Fees are allowable as OOP expenses and compensation shall be at the rate specified in schedule 8 of the SOR.

5.7.1.1 The Contractor shall turn in/store any unused materials provided by the Government upon completion of operation.

5.8 The Contractor shall furnish, as requested by the COR, oxygen, acetylene and re-coopering materials for which Government shall compensate Contractor as an OOP expense as materials are expended. Contractor is responsible for and shall ensure that equipment and materials meet all applicable U.S. and Host Nation safety and regulatory standards for cargo operations.

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

5.10 Pricing Rates

5.10.1 Commodity Rates. All commodity rates applicable to this contract are inclusive of all labor, equipment, and port handling/tariff costs related to the handling and movement of cargo, to include planning activities.

Commodity Definition of Movement

Loading From place of rest to final stow location on vessel

Discharge From place of rest on vessel to temporary place of rest or land transport

Receipt From land transport to place of rest

Disposition From place of rest to land transport

Stuffing From place of rest into container/flat rack

Unstuffing/stripping From within container/flat rack to place of rest

Transfer/arrastre From place of rest to other place of rest within port

Inland Transportation From outside port to inside port, or vice versa, via land transport

NOTE: This table does not include all activities related to a specific commodity movement, e.g. lashing and securing. See Section 6 for activities other than the specified movement included within the commodity rate.

5.10.2 Exceptions to Commodity Rates. Whenever a peculiar type of cargo or activity is handled for which no commodity rate has been established, performance shall not begin prior to written agreement between the CO/COR and the Contractor. Such cargo activity shall be compensated at the applicable Labor and Equipment rates schedule until a commodity rate has been established.

Cargo handling may be performed on extra labor (XL) and equipment rental basis not to exceed the experience production standards, upon the request of the COR.

5.10.3 Equipment Rates. All equipment rates applicable to this contract are inclusive of driver/operator, fuel, lubricants, slings, and accessories, and mobilization/demobilization costs unless otherwise indicated. Daily rates imply eight hours of usage time and minimum time for equipment is four hours unless otherwise annotated in the SOR. Rental of equipment not listed on the SOR will be paid on an OOP basis, and rates subject to approval by the COR, subject to paragraph 5.7 above.

5.10.4 Inland Transportation Rates. All inland transportation rates applicable to this contract are inclusive of driver, fuel, lubricants and lashing and trapping materials. Compensation shall be at the rate specified in Schedule 9 of the SOR.

5.11 Contractor Services:

5.11.1 Contractor services to be performed cover the full spectrum of ocean terminal operations to include: discharging and loading vessels, rail and trucks, barges, in-stream operations, Joint Logistics Over the Shore (JLOTS); and the drayage of containers, vehicles, and other equipment to, from and between trucks, and vessel staging/call forward areas including designated areas/ facilities for washing or fumigation, or any…