Atch_1_Kuwait_SRTS_PWS_FINAL_13Apr18.pdf

HTC711-18-R-R003

Attachment 1

Stevedoring & Related Terminal Services

Performance Work Statement for

Military Operations Terminal – 840th Transportation Battalion

Ports of Kuwait

Date: 13 April 2018

Stevedoring & Related Transportation Services Performance Work Statement

TABLE OF CONTENTS

1.0 BACKGROUND & SCOPE

2.0 SECURITY

3.0 SAFETY

4.0 CONTRACT ADMINISTRATION

5.0 CONTRACTOR GENERAL REQUIREMENTS

6.0 CONTRACT SPECIFIC REQUIREMENTS

CONTRACT PERFORMANCE REQUIREMENTS

APPENDIX A Regulations, Publications, and Forms

APPENDIX B Commodity Schedule of Rates Definitions

APPENDIX C Definitions

APPENDIX D List of Acronyms and Abbreviations

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 and Deployment and Distribution Support Services

The Contractor shall provide Stevedoring and Related Terminal Services (S&RTS) and Third Party Logistics (3PL) in connection with the receipt, processing, logistics and tracking, 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 for this contract.

2.0 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 (NIPERNET) applications or UNCLASSIFIED government systems and therefor will not be authorized to obtain a Common

Access Card (CAC) or Alternative Smart Card Logon (ASCL) tokens.

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

2.3 The Contractor is responsible for being aware of and complying with the requirements associated with

Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control processing requirements.

2.4 Upon termination or completion of this contract, the contractor employee will surrender all Government supplies, materials, and equipment to the COR. In addition, any security badges issued will be turned into the

COR. This will be accomplished on the last day of the contract or upon any termination/reassignment of a contract employee

2.5 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 task order shall make any changes necessary in the appointment(s).

2.6 Contractor personnel shall protect privacy, sensitive, and “For Official Use Only” data during the performance of work.

2.7 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.

2.8 Personnel Screening

2.8.1 Contractor shall screen all employees to ensure they do not have criminal records with their home country.

All documentation shall be submitted to the Contracting Officer and COR for review and approval. Prior

US military personnel shall be screened for military service criminal offenses. The Contractor shall coordinate with the US Government to properly execute the Foreign National Screening program IAW current policy and Central Command/Army Central Command (CENTCOM/ARCENT) direction.

2.8.1.1 Screening will be used to complement the badging process and to enhance force protection measures through document examination, verification, and biographical and security interviews. Refusal to be screened will result in the applicant’s access being denied or terminated.

2.8.1.2 Once the screening process is complete for an applicant, the screening cell will forward the packet with recommendation concerning that applicant’s suitability for access. Any derogatory information may result in the applicant’s access being denied or terminated. Applicants who have been denied access due to derogatory information may file an appeal to the Contracting Officer for review.

2.8.1.3 Contractor will submit the following personnel information to the COR/ACOR:

a.

b.

c.

d.

e.

f.

g.

h.

i.

Full name

Social Security Number (if applicable)

Position Title

Citizenship

Date of Birth

Place of Birth

Passport Number

Passport Date Issued

Passport Date of Expiration j.

k.

l.

m.

n.

o.

p.

q.

Place Passport Issued

Security Clearance (if applicable)

Organization and Station

Work Telephone Number

Departure Date

Period of Duty

Complete Itinerary within Country

Emergency Point of Contact Name and Phone Number

2.8.1.4 Contractor shall not employ any person under this contract who is simultaneously an employee of the

United States Government.

2.8.2 A comprehensive list of personnel the Contractor may use during the duration of this contract shall be submitted immediately upon award to the COR in order to obtain security clearance. The list shall identify full name, date and place of birth, residence and employer/company name. The personnel list should contain a reasonable amount of personnel, not more than double amount that is normally needed, and shall be submitted with a legible copy of a valid identification document. When submission of a new person is necessary it shall always be in substitution of an already cleared person. Substitutions are only accepted in order to maintain a reasonable amount of cleared personnel that are authorized entry. Prior to the day of operations, the Contractor must ensure that all personnel to be assigned/dispatched to ports are cleared for entry. Personnel that are not pre-cleared, not listed at sentry gates, shall be denied entry and US

Government shall not be considered liable.

2.8.3 Personnel directly hired by the Contractor shall, at a minimum, pass a background investigation with the

ASG Kuwait Installation’s PMO office. Personnel must also obtain a Kuwait Port Authority badge in order to work on the port. Some of the personnel will be required to obtain a badge through the Kuwait Ministry of Defense, depending on the military installation on which they will be working.

2.8.4 The Contractor shall be required to provide personnel information, required documentation, passports, photos, etc. in order to secure access for Contractor employees to U.S. Government facilities. In addition, Contractor employees will be required to undergo background investigations and security checks as determined necessary by both the U.S. and Host Nation Officials. Contractor is responsible for submitting all necessary documentation to the Area Support Group – Kuwait (ASG-KU) Provost Marshal Office

(PMO) for badging at least thirty (30) days prior to the first day of work. The Contractor is responsible for submitting renewal documentation thirty (30) days prior to the expiration of the badge. It is the

Contractor’s responsibility to prepare the paperwork for COR signature and to ensure all employees are taken to one of the ASG Kuwait’s Badging offices to process the paperwork and receive the badges.

Contractor shall submit all necessary documentation to the Kuwait Port Authority (KPA) for port passes and paying any necessary port access fees.

2.9 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.

2.10 Vehicle Identification

The Contractor will be responsible for obtaining installation/port access clearance for any vehicle used in performance of this contract. A comprehensive list of vehicles that may be required during the duration of this contract shall be submitted immediately upon award to the COR in order to obtain access clearance. The list shall identify vehicle type, license plate and owner/company name. The vehicle list should contain a reasonable amount of vehicles, not more than double of the amount of vehicles necessary to successfully accomplish the mission. POVs 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 it shall always be in substitution of an already cleared one. Only substitutions are accepted in order to maintain a reasonable amount of cleared vehicles that are authorized entry.

2.11 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.

2.12 Empty International Standard Organization (ISO) Containers, trailers, concertina wires, concrete barriers for

Force Protection (FP)

The contractor shall provide, install and remove requested amount of FP barriers, to surround the staging area to protect containers. Contractor shall provide empty containers, MAFI trailers, and/or concrete barriers, for the purpose of constructing a security wall in certain areas of the Port. All required barriers shall be positioned and re-positioned in accordance with instructions provided by the COR. Containers shall be provided with the adequate number of twist locks fixed and unfixed by Contractor for safely securing all containers. Compensation shall be compensated on an extra labor (Schedule 2) and equipment (Schedule 4) basis, with exception of Yard Management at Shuaiba as identified in para. 6.5.

3.0 SAFETY

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, comprehensive safety plan within 30 days of contract award. The safety plan shall be made available for review upon Government request. The

Contractor will support the SDDC Battalion’s Emergency Disaster 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 Take such additional immediate precautions as the COR may reasonably require for safety and mishap prevention purposes, e.g. immediate action to stop oil leakages, pull breaks, etc.

3.1.3 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.

3.1.4 Contractor will maintain a ready stock of tagging ribbon, chains, straps and shackles for lashing, flashlights, batteries, hard hats, safety vests, safety belts, and colored chalk in order to safely complete all missions and/or tasks and will replenish stock as necessary.

3.1.5 Include a clause in all subcontract that requires subcontractors to comply with all applicable safety provisions of this contract.

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

3.1.7 Contractor shall strictly prohibit smoking in all areas of operation except designated smoking areas.

3.1.8 Contractor or subcontractor personnel operating equipment shall work no more than twelve (12) hours in a twenty-four (24) hour period.

3.2 Safety-Driver Training

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

Armored Tracked vehicles. Contractor shall be compensated at man-hour rates.

3.2.2 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 by name 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 license with HAZMAT endorsement or host nation equivalent that meets OSHA standards. The Contractor shall provide the COR with a list of drivers being used each day to handle ammunition. The list will include a statement from the Contractor verifying that the individuals performing driving 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 ammunition 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 as well as in the monthly performance report.

3.3 Operation of Equipment

Equipment operated by the Contractor for use during operations on any S&RTS Terminal must be maintained and operated IAW applicable Federal / State / Host Nation laws and regulations, OSHA, Army, port, and terminal regulations, directives, instructions, and pamphlets. Contractor shall immediately replace, at its own expense, any contractor-furnished vehicle/equipment that becomes inoperable as a result of breakdown. The Government will not be charged for time lost due to a breakdown or any other failure of contractor-furnished vehicle/equipment. 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.

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.

3.5 Accident Reporting

3.5.1 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. In all instances where an accident or incident occur resulting in death or injury, the Contractor shall submit a completed DA Form

285, IAW AR385-40, to the COR within 24 hours of incident. The Contractor shall assist the Government during any investigation of an accident or serious incident.

3.5.2 The contractor shall immediately notify COR verbally, of any accident or incident dealing with government's equipment and/or customer's equipment which may result in any type of damage causing equipment to be inoperable or totally destroyed while in support of this contract. Additionally, in all instances where an accident or incident occurs, the equipment damaged will be moved to frustrated lane for both contractor and government/military personnel to conduct an accident/incident report. The contractor shall not move or destroy equipment unless otherwise instructed by the COR. The contractor shall assist the government during investigation of accident or incident.

3.5.3 Include a clause in each applicable subcontract to require subcontractor's cooperation and assistance in accident reporting and investigation.

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.

3.6.2. Attachments to the DD Form 361:

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

3.6.3 Military Claim Procedure - An estimate of the damage will be determined by the consignee who will be accepted by both parties. This estimate will serve as the basis for the claim, which will be filed in accordance with the Defense Transportation Regulation; Chapter 211 Loss of Damage Claims Procedures dated May 2014.

3.7 Environmental Control

3.7.1 Contractor shall report immediately to the COR 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 Remove and isolate leaking items from shipment units and immediately seal containers, cans, drums, and barrels or bags that appear to have a leak. Repair/replace inner and outer packing of hazardous cargo to prevent further leakage, when possible.

3.7.3 Contractor shall be compensated for the above services on an extra labor basis, unless the damage which caused the leakage or spillage was a result of the Contractor’s fault or negligence, in which case Contractor shall be held liable for all costs associated with the incident.

3.8 HAZMAT

3.8.1 Contractor shall obtain COR approval prior to establishing a HAZMAT storage location in the area of operation.

3.8.2 The Contractor shall provide a certified point of contact for HAZMAT cargo handling IAW CFR 49 Part

172.704(d).

3.8.3 HAZMAT Cleanup - The contractor shall respond IAW with its Emergency Response Plan to contain, cleanup and dispose of properly all hazardous material spills or leaks. Material collected will be deposited at the Hazardous Waste Accumulation Point (HWAP) at the SPOD. For all spills or leaks greater than five gallons, contractor will contact the SPOD Fire Department for cleanup guidance. Compensation shall be in accordance with 3.7.3.

3.8.4 The contractor will complete a Spill/Release Report Form for each hazardous material spill incident responded to (five gallons and below) and submit the form to the SPOD Safety Officer.

3.8.5 The Contractor shall provide a qualified Contractor Environmental Compliance Officer (ECO) for

HAZMAT handling who will assume 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 in accordance with OSHA standards. Request mutual aid from surrounding installations as required.

4.0 CONTRACT ADMINISTRATION

4.1 Contract Manager

The Contractor shall provide a contract manager and at least two (2) alternates who shall be responsible for the performance of the work. The Contractor shall provide telephone numbers for the contract manager and alternates where these persons may be contacted during and after duty hours. The contract manager shall have, as a minimum, five years demonstrated experience in directing and managing port handling operations. His alternates shall have, as a minimum, three years demonstrated managerial experience in the port handling business. The contract manager and alternates must be able to read, write, speak, and understand English and Arabic fluently.

4.1.1 The contract manager and alternates shall have full authority to act for the contractor on all matters pertaining to the performance of services under this contract.

4.1.2 During the performance of simultaneous cargo handling operations, the contract manager or alternates shall be present at each work site and accessible to the Contracting Officer’s Representative (COR) at all times. At any other time, i.e. outside cargo operations, the contract manager or designated alternate shall be available to the COR by telephone.

4.1.3 The contract manager and alternates shall meet as necessary with Government personnel designated by the contracting officer to discuss contract performance and/or problem areas.

4.1.4 The contract manager and his alternates shall not be removed or replaced without informing the Contracting

Officer.

4.2 Detention, Minimum Time, Differentials

4.2.1 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.

4.2.2 Detention and minimum time, 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, at the applicable man-hour rates, subject to the following:

4.2.3 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 persons or gangs, including clerks and equipment operators (drivers) for each detention in excess of fifteen minutes including the first fifteen minutes thereof.

4.2.4 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.

4.2.5 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.

4.3 Training and Contingency Operations

The Government reserves the right to conduct training and contingency operations for Department of Defense personnel during a scheduled or contingency load or discharge for any vessel operation and related terminal operations.

The 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 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 requested by the COR, sufficient qualified labor to support DoD personnel. Such labor, to include operators, flagmen, lashers, mechanic or headers when requested, will be compensated at the man-hour rates established in

Schedule 2.

4.4 Transition of Contract

Within 7 days after contract award, the outgoing 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.

4.4.1 Property. A 100% physical inventory will be conducted by the outgoing 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 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 30 days from award.

4.4.2 Schedules. It is of utmost importance that work schedules be maintained during transition. The outgoing contractor will be responsible for work schedules until an area is officially transferred to the incoming contractor.

Work will only be transitioned from the outgoing contractor to the incoming contractor when it is determined by the assigned COR that the contractor can conduct the operation without detriment to the mission. This determination will be made in writing and provided to the PCO. Any disagreement with the COR decision shall be brought to the attention of the PCO for resolution.

4.5 Order of Precedence

The contractor shall be bound to accomplish the tasks set forth in the PWS and the references set forth in the PWS provided that:

4.5.1 Should there be a conflict between the PWS and references set forth therein, the PWS prevails unless the reference is made to compulsory applicable host nation statutory provisions of law.

4.5.2 Should there be a conflict between or among two or more such references, those coded mandatory shall prevail over those coded advisory. Between or among those similarly coded, those issued by a higher authority shall control over those issued by a lower authority and between or among those issued at the same level of authority, those with a later date of issue shall control over those with earlier dates of issue.

4.5.3 List of Publications

AFR 75 - 25 Movement and Storage of Personal Property

9JUL79, w/current changes (M) http://afpubs.hq.af.mil/elec-products/series.stm

AR 190-11 Appendices B and C (M) www.usapa.army.mil http://afpubs.hq.af.mil/elec-products/series.stm http://www.usapa.army.mil/

DoD Reg. 4500.34-R PPTMR, 10 Oct91, Ch 4 (M) March 97 (M) www.dla.mil

DoD Reg. 5 100.76M Physical Security of Sensitive Conventional Arms, Ammunition and Explosives, Sep 92(A) http://web7.whs.oad.mil/dodiss/publications/pub2.htm

International Maritime

Organization (IMO) Reg

Books 1 through 5(M) http://www.imo.org

MIL-STD-129H Marking for Shipment and Storage (M) http://www.dla.mil

MIL-STD-105-D Sampling Guide for Tables for Inspection by Attribute (A), w/ chg. 2 (A) http://www.dla.mil/

DTR

DoD 4500.9-R

Defense Transportation Regulation

Part II, Cargo Movements http://public.transcom.mil/j4/j4lt/dtr.html

DoD Manual 4145.26-M DoD Contractor’s Safety Manual for Ammunition and

Explosives (M), Sep 97 http://www.dtic.mil/whs/directives

5.0 CONTRACTOR GENERAL REQUIREMENTS

5.1 Performance Requirements – Quality Assurance

5.1.1 Contractor Performance Requirements

Contractor performance will be measured against the critical performance objectives listed in Contractor Performance

Requirements Summary.

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. 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 inspection or test.

http://www.dla.mil/ http://web7.whs.oad.mil/dodiss/publications/pub2.htm http://www.imo.org/ http://www.dla.mil/ http://www.dla.mil/ http://public.transcom.mil/j4/j4lt/dtr.html http://www.dtic.mil/whs/directives

5.1.4.1 Government Observations - Government personnel, other than Contracting Officers and COR's/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)

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 a minimum, will contain all elements of the Performance Requirements Summary (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 Quality control inspection checklists (QCIC) - QCICs shall be submitted to the COR upon completion of every vessel operations 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 Performance Requirements Summary (PRS). The Government will record all surveillance observations. When an observation indicates defective performance, the COR will request the contractor's representative to correct the deficiency and to 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 contract manager shall be required to meet at least weekly with the COR, and/or the Contracting Officer during the first month of the contract. Meetings will be held as often as necessary thereafter as determined by the COR. However, upon Contractor request, a meeting will be held whenever a contract discrepancy report is issued. The written minutes of these meetings shall be signed by the contract manager, Contracting Officer, and COR. Should the Contractor not concur with the minutes, the contractor shall so state any areas of non-concurrence in writing to the Contracting Officer with copy to the COR within 10 calendar days of receipt of 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 (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 Compliance

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

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

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

5.2.4 Contractor will ensure that its employees meet the guidelines issued by the U.S. Government regarding

TCN employment and that its employees do not bring into nor remove from any government installation any contraband material.

5.2.5 Prior to commencing contract performance, the contractor shall furnish a list of contractor’s direct hire personnel who will work under this contract to the COR/ACOR. Contractor will keep this list accurate and for reporting changes within 48 hours of occurrence or prior to a new employee performing services under this contract.

This list shall contain:

a. Name and address of each employee

b. Copy of the identification document or driving license of each employee

c. Copy of employment card or equivalent

5.3 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, HIV and hepatitis A.

5.4 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.

5.5 Reports and Documentation

5.5.1 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.

5.5.2 Distribution

Distribution shall be made with the correct number of copies being prepared and the blank forms delivered to the correct location(s). All copies shall be legible; i.e., dark, easily read print, not crumpled, not wet). Distribution shall be IAW guidance provided by COR/ACOR.

5.6 Timekeeping

The Contractor shall maintain timesheets, with 100% accuracy, for all contractual services furnished by his own operation and subcontractor’s operation. 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 each line item to which it applies, including commodities, labor and equipment.

5.7 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.

5.8 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.

5.9 Invoices

The Contractor shall submit invoices and payment in accordance with guidance in the invoicing instructions attached to this contract (attachment 3).

5.10 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 third-party invoice. Out-of-pocket expenses shall be reimbursed only for mission related services and/or material identified on order forms by the Ordering Officer (OO). When the Ordering

Officer requires services or supplies not outlined in the contract or for the line items designated as direct reimbursable such as internet usage, the Ordering Officer can use the Out-of-Pocket expenses process. Any out-of-pocket purchase

(per invoice) over $5000 shall not be payable without prior approval by the Contracting Officer.

Administration Fees are allowable for out-of-pocket expenses only. Compensation shall be at the rate specified in

Schedule 8.

5.11 Other Contracts

The Government may award other contracts for additional work and/or work requiring special technical expertise

(i.e. handling of aircraft or other sensitive cargo). The Contractor shall fully cooperate with other Contractors and

Government employees. The Contractor shall adjust his work schedule as requested by the COR. The Contractor shall not interfere with the performance of any other Contractor or Government employees, nor shall the

Government be charged for work not performed.

5.12 Hours of Operation

5.12.1 The Contractor may be required to perform the services described in this PWS 24 hours per day, 7 days per week, and 365 days per year to include all official holidays. In the case of Government caused delays, Contractor personnel will be compensated accordingly.

5.12.2 Unless specified otherwise in the PWS:

a. For yard operations relating to a call forward (e.g. tagging equipment allocated to a vessel), the Government shall provide 12 hours’ notice before operational start time.

b. For assets and personnel ordered and obtained by the Government on a monthly basis, Contractor will provide all assets and personnel within 4 hours of receiving the Government’s verbal or written request for work to be performed at the SPOD (i.e. Ash Shuaiba) and within 12 hours for locations outside of the SPOD (e.g. KNB).

c. For assets and personnel obtained by the government on an hourly basis and lashing labor, Contractor will provide all assets and personnel within 48 hours of receiving the Government’s verbal or written request.

d. For assets and personnel obtained by the government on a per trip basis (e.g. pier loop trucks), Contractor will provide all assets and personnel within 24 hours of receiving the Government’s verbal or written request.

However, if the Government requests the use of more than 30 pier loop trucks at one time, then the Contractor will provide the additional trucks within 48 hours of receiving the Government’s verbal or written request.

e. In special instances requiring an expedite response time be prepared to support operations relating to a call forward and/or monthly assets ordered and obtained on monthly, per trip, and hourly basis within 2 hours performed at SPOD and within 6 hours performed at locations outside of SPOD (e.g. KNB) before start time.

5.12.3 The Contractor may be required to organize Contractor labor into working shifts as requested by the

COR/ACOR.

5.12.4 If the Contractor, for any reason, is unable to perform the services required, he shall immediately notify the

COR/ACOR.

5.13 Continued Performance During War or Any State of Emergency:

a. The requirements of this contract have been identified by the US Government as being essential to the mission and operational readiness of allied forces operating in Kuwait. The contractor may, therefore, be required to perform this contract during war or during a state of emergency, subject to the requirements and provisions listed below.

b. The contractor shall be responsible for performing all requirements of this contract, notwithstanding the existence of any state of war (whether declared or undeclared), state of emergency, commencement of hostilities, internal strife, rioting, civil disturbance, or activities of any other type which would endanger the welfare and security of US Forces in Kuwait. At the discretion of the Contracting Officer, and within the scope of this contract, the contractor shall participate in any requirement relating to US preparation for any of the above incidents. The Contractor shall respond, as directed by the Contracting Officer, within contracted performance capabilities. Failure by the contractor to perform may subject the contractor to a termination of this contract for default.

c. Continued performance during war or state of emergency may require an equitable adjustment in contract price. The contractor shall segregate and separately identify all costs of contract performance incurred during such periods. The contractor shall notify the Contracting Officer of any increase or decrease in costs within

90 days after continued performance has been directed by the Contracting Officer, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The Contractor’s notice shall include the contractor’s proposal for an adjustment and any data supporting the increase or decrease in the form prescribed by the Contracting Officer.

5.14 Calling for Services - Specific services to be performed under delivery orders issued IAW the ordering clause of this contract, shall be identified by the COR/ACOR/OO on the ordering template. The COR/ACOR may also identify services verbally when necessitated by the operation. Verbal orders shall be confirmed in writing within 24 hours.

5.15 Pricing Rates

5.15.1 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/aircraft

Discharge From place of rest on vessel/aircraft to other 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 From within container/flat rack to place of rest

Transfer 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 to be included within the commodity rate.

5.15.2 Exceptions to Commodity Rates – Whenever a peculiar type of cargo activity is handled for which no commodity rate has been established, performance shall not begin prior to written agreement between the Contracting

Officer and Contractor. Such cargo activity shall be compensated at the applicable Labor and Equipment rates or until a commodity rate has been established.

5.15.3 Cargo handling may also be performed on extra labor and equipment rental basis to exceed the production standards only upon request and approval of the COR.

5.15.4 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 (8) hours of usage time and minimum time for equipment is four (4) hours unless otherwise annotated on the

Schedule of Rates. Rental of equipment not listed on the Schedule will be made on an out-of-pocket basis, subject to paragraph 5.10.

5.15.5 Inland Transportation Rates – All inland transportation rates applicable to this contract are inclusive of driver, fuel, lubricants and lashing and tarping materials.

6.0 CONTRACT SPECIFIC REQUIREMENTS

6.1 S&RTS (IMPORT/EXPORT)

6.1.1 Scope

This contract covers the handling of Department of Defense (DoD) sponsored export and import cargo for SDDC units at the Ports of Shuaiba, Shuwaikh, and Kuwait Naval Base, Kuwait. The Contractor must be capable of working multiple vessels simultaneously at multiple ports, providing 24 hour continuous operations. Operations include ammunition, container, Lift-On, Lift-Off (Lo-Lo) and Roll-On, Roll-Off (Ro-Ro) for all vessel types and classes. The

Contractor shall perform Stevedoring and Related Terminal Services (S&RTS) consistent with best commercial practices for various classes of supply, including ammunition, HAZMAT, sensitive, controlled and general cargo.

6.1.2 Planning

The Contractor shall perform adequate advanced planning to ensure safe, efficient and economical operations. These plans shall include all aspects of the operation to ensure the Contractor provides the required manpower, equipment and resources. Planning shall include, but not be limited to: allocation of laborers and estimated time of completion, port storage plan, pre-stow plans for export shipments, vessel discharge plan for import shipments and logistics and tracking services for all Defense Transportation Service (DTS) cargo containers and break bulk cargo to support the

Military Surface Deployment and Distribution Command (SDDC), 840th

Transportation Battalion at the Port of

Shuaiba, Shuwaikh, and Kuwait Naval Base, Kuwait. Operational planning meetings shall be held on an as needed basis for the purpose of finalizing planning information.

6.1.3 Vessel Loading

The Contractor shall perform loading operations in such a manner that no damage is caused by the Contractor. The

Contractor shall load cargo on the vessel from its place of rest to point of stow aboard vessel in accordance with the approved vessel pre-stow plan furnished by the Government and within the time frame established at cargo meeting between the Contractor and the COR. The Contractor shall handle all multiple classes of cargo including sensitive, classified, HAZMAT and Reefer Cargo IAW the pre-stow plan. The contractor shall secure cargo IAW SDDC TEA

Reference 55-22, Marine Lifting and Lashing. The Contractor shall coordinate all vessel activity with the COR, the vessel master/chief mate, and when applicable with the Military Sealift Command (MSC) representative. The

Contractor shall receive and review expected cargo list and pre-stow plan for accuracy and efficiency of vessel operations and report discrepancies, issues or concerns to the COR.

At the operations meeting held prior to the start of each vessel operation, the COR will confirm with the Contractor the mutually agreed upon timeframe for the safe and efficient completion of loading of the vessel. Vessel operation completion timeframes will be determined based on such factors as cargo volume, stow factors, RDD, cargo mix, and vessel type being worked.

The Contractor will not be held accountable for delays in vessel operations resulting from circumstances not within the control or responsibility of the Contractor. Factors known to affect productivity may include: weather; reserve augmentation; vessel condition and cargo condition. Compensation for Vessel Loading shall be at the commodity rates set forth under Schedule 1A.

6.1.3.1 Lashing and Securing of Cargo on Vessel - The Contractor shall lash and secure cargo on vessel as requested by the COR/ACOR. The Contractor shall also record/report all Government furnished or Contractor provided dunnage, lashing and securing material used aboard the vessel. An accountability report of Government furnished or

Contractor provided material shall be submitted to the COR/ACOR for each cargo operation.

6.1.3.2 Removal of Materials - The Contractor shall remove all unused dunnage, lashing and securing material. The

Contractor shall also remove from vessel all debris, to include broom…