Atch_1_-_S&RTS_PWS_Kuwait_13_Dec_18.pdf

Stevedoring & Related Terminal Services

Performance Work Statement for

Military Operations Terminal – 840th Transportation Battalion

Ports of Kuwait

Date: 13 December 2018

Stevedoring & Related Terminal Services Performance Work Statement

TABLE OF CONTENTS

1.0 BACKGROUND & SCOPE

2.0 GENERAL SECURITY REQUIREMENTS

3.0 GENERAL SAFETY REQUIREMENTS

4.0 GENERAL CONTRACT ADMINISTRATION REQUIREMENTS

5.0 CONTRACTOR GENERAL REQUIREMENTS

6.0 PORT – TERMINAL SPECIFIC REQUIREMENTS

CONTRACT PERFORMANCE REQUIREMENTS

APPENDIX A Regulations, Publications, and Forms

APPENDIX B Foreign Entity Vetting

APPENDIX C Glossary of terms

APPENDIX D Payment and Invoicing Instructions

APPENDIX E List of Acronyms & 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

To provide Stevedoring and Related Terminal Services (S&RTS) for Defense Transportation System (DTS) sponsored import and export cargo. This Performance Work Statement (PWS) covers the full spectrum of handling surface moving cargo to include receipt, disposition, warehousing, storage and processing cargo for simultaneous shipment via surface modes of transportation, designated by the Contract Officer (CO) or their Contracting Officer’s

Representative (COR) and Alternate Contracting Officer Representative (ACOR), collectively referenced as COR hereafter.

1.2.1 The Contractor shall provide all gear, equipment, materials, management and sufficient amount of qualified labor to satisfy the full scope of this contract and make every effort to rectify any of those shortfalls for which the

Government will pay the Contractor by applicable commodity or man-hour rates as designated by the Schedule of

Rates (SOR).

1.2.2 The Contractor will obtain the required written approval, via task order, for all work, services, or other operations from the Ordering Officer (OO). The Contractor will assume all expenses for any work performed outside of or without written OO or COR authorization.

**Note: See Section 6 for additional specific geographic information and port specific requirement

2.0 GENERAL SECURITY REQUIREMENTS

2.1 General security requirements of the Contractor are defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contact are further defined in Section 6.0 –

Port - Terminal Specific Requirements (security).

2.2 The overall classification of work associated with this contract is UNCLASSIFIED.

Personnel assigned to this contract will not require access to Non-Secure Internet Protocol Router Network (NIPRNet) applications or UNCLASSIFIED government systems and are therefore not authorized to obtain a Common Access Card (CAC) or Alternative Smart Card Logon (ASCL) tokens.

2.3 Ground Rules and Constraints

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

2.3.2 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.

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

2.4 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.

2.4.1 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.

2.4.2 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).

2.4.3 Operations Security (OPSEC). All information furnished to the Contractor is to be used FOR OFFICIAL USE ONLY (FOUO). The Contractor is required to be aware of 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. The Contractors personnel shall protect privacy, sensitive information, and “FOUO” data for duration of the performance of this contract.

2.4.4 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.

2.4.5 Contractor employees will comply with base access and control procedures. Contractor personnel that have not been cleared for entry to any secure working area will be denied entry and the Government shall not be liable for wages of such denied personnel.

2.4.6 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.

2.4.7 Security Regulation Compliance. The Contractor will be required to comply with all security regulations and directives as identified herein, and other security requirements located in this contract. The contractor shall not divulge any financial, planning, programming, or budgeting information without the express consent of the Government as outlined in Operational Security (OPSEC) and Information Security regulations.

Security Regulation Guidance.

Department of Defense (DOD):

2000.12 (DOD Antiterrorism (AT) Program)

2000.16 (DOD Antiterrorism (AT) Standards)

5200.01 Volumes 1-4, (DODM Information Security Program)

5200.02 (DODM Procedures for the DOD Personnel Security Program)

5200.08-R (DOD Physical Security Program)

5220.22-M (National Industrial Security Program)

8500.1 (DODI Cyber Security)

2.4.8 DOD regulations found at: http://www.dtic.mil/whs/directives/corres/pub1.html

2.5 Cyber Security

In accordance with DFAR 252.204-7012, "Safeguarding Covered Defense Information and Cyber Incident Reporting”, Contractor is required to provide adequate security on all Contractor information systems used to receive, transmit, or store covered defense information. The Contractor will detail their compliance measures in a system security plan (SSP), submitted to the COR prior to start of work. If a cyber incident occurs, within 72 hours of discovery the Contractor and/or subcontractor will report the incident to the following site: https://dibnet.dod.mil.

3.0 GENERAL SAFETY REQUIREMENTS

3.1 General Safety Requirements of the Contractor are defined within this section and shall be inclusive of all commodity or terminal services described throughout this PWS. Additional duties and requirements specific to the particular terminal(s) within the scope of this contact are further defined in Section 6.0 –Port - Terminal Specific

Requirements (safety).

3.1.1 The Contractor is responsible for complying with, enforcing and monitoring applicable host nation, international, local installation and SDDC Transportation Battalion safety and fire regulations. The COR will log any discrepancies within the defined quality assurance process. The Contractor must establish and maintain an effective and comprehensive safety program. The Contractor will support the SDDC battalion’s Emergency Disaster Plan. The

Contractor must acquire, maintain, and require all employees the use of safety equipment, personal protective equipment (PPE) (29 CFR 1918.101-106) and devices necessary to protect employees on the installation, port, and on the vessel. Government reserves the right to halt Contractor operations when the Operations or Safety Officer, COR, or other Government representative observes unsafe operations; where damages or harm to life or property are possible.

Operations shall not resume until such time as the Contractor revises their methods of operation to the Safety Officers satisfaction. The Government shall not compensate the Contractor for any standby time and may hold the Contractor liable for any other costs incurred by the Government, if operations are halted due to the Contractors unsafe operations.

3.1.2 The Contractor shall require all personnel working at the staging yards, the pier and inside the ship to wear appropriate PPE at all times, to include but not limited to: safety shoes/boots, safety glasses, reflective vest and hard hat and gloves. The Contractor will maintain a ready stock of tagging ribbon, 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.

3.1.3 The Contractor shall include a clause in all subcontracts that requires the subcontractors to comply with all applicable safety, fire and security regulations as prescribed in the host nation general accident prevention, security regulations applicable to the port of operation and this contract.

3.1.4 The Contractor is required to adhere to host nation, local authority, and/or DOD standards for a Safe Working

Load (SWL) for cargo handling gear, MHE, and ship’s gear. In all cases, the Contractor shall provide fresh labor at the beginning of each shift for MHE operators, and crane operators.

http://www.dtic.mil/whs/directives/corres/pub1.html https://dibnet.dod.mil/

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

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

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.

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.

3.2.1 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.

3.2.1.1 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.

3.2.1.2 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.

3.2.2 Secondary Containment for Hazardous Materials, Wastes and Petroleum, Oils and Lubricants (POL).

3.2.2.1 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.)

3.2.2.2 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.

3.2.2.3 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 Training. The Government will make available and the Contractor shall attend driver training (AR

600-55) for specialized Government vehicles and related processes/procedures. 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. IAW AR 600-55, Ch. 2-1(b), Contractor personnel shall not be separately compensated for attendance of Safety-Driver training.

3.3.1 The Contractor shall ensure that personnel operating Government Vehicles possess a valid Driver’s License

(DL) or equivalent permit issued by the host nation. In addition, the Contractors personnel who operate Government vehicles must be trained and qualified to operate all varieties of military vehicles to include those items listed in 3.2.1.

The contractor shall furnish a list of qualified drivers by name prior to the start of each operation to the COR.

3.3.2 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 COR may identify individuals that need remedial training. The Contractor shall direct this training towards identifying and correcting individual weaknesses. The Contractor shall conduct remedial training at no cost to the Government.

3.3.3 The Contractor shall provide a qualified POC for HAZMAT handling who will ensure that their employees comply with “DFARS 252.223-7002; SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES, DOD

4145.26-M; DOD CONTRACTORS SAFETY MANUAL FOR AMMUNITION AND EXPLOSIVES and DOD

6055.9-STD; DOD AMMUNITION AND EXPLOSIVES SAFETY STANDARDS in handling ammunition and explosives. Qualification for personnel who pack dangerous goods; load/unload Cargo Transport Units; handle dangerous goods in transport; load/unload dangerous goods into/from ships is specified in IMDGC Chapter 1.3;

Training and 49 CFR Part 172 Subpart H; Training, whichever is more stringent.

3.3.4 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 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 safety briefings shall be 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 local or host nation authority and 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:

Overall General Safety Requirements

• Work tasks being performed

• Responsibilities – (who reports unsafe conditions and to whom)

• Injury and property damage reporting procedures

• Required PPE for personnel on the terminal

• Designated smoking areas

• Emergency procedures - phone numbers, evacuation routes/procedures, rally locations, accountability

• Location of emergency equipment - fire extinguishers, PFDs

• Weather/temperature conditions

• Communication - signals, flagman duties, radios, no cell phones etc.

• Walking/Tripping Hazards

• Pedestrian and traffic movement

• Gangway Safety

• Person in water/man overboard - prevention, recovery and survival

Traffic Safety

• Driver distractions (no cell phones)

• Seat belts must be use

• Pier specific vehicle procedures - lights, keys, mirrors etc.

• Speed limits – pier side, staging yards, and on the vessel

• Parking locations

• Traffic Flow

• Use of ground guides when moving (ramp/backing/stow)

• Rail crossings (if applicable)

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)

• Vessel safety (ramps guards, ramp traffic)

• Ladder Safety

• Use of fall protection

• Safe lashing procedures

• Unusual loads

• Net Explosives Weight (NEW) Limits

• Evacuation distances and rally points

• Fire-Fighting Guidance

• First Aid (process/locations)

• Report any dropped containers/munitions

The Government may conduct the safety briefings when necessary per local Commander’s guidance, during which time labor is on standby time. The Government safety briefing will include information as prescribed in paragraph 3.4 above and any other necessary terminal or Command related safety information.

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 until the Contractor replaces the equipment or takes corrective action to repair equipment. The Contractor will replace any non-compliant equipment so that there will be no delay or hindrance to operations. The Contractor must notify the

COR when the equipment is made compliant, and before it is used again.

3.6 Accident Reporting. The Contractor shall immediately notify the COR verbally of any accident or incident, which results in death or injury to personnel during or arising from performance under this contract. 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.

3.6.1 The Contractor shall immediately notify the 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.

3.6.2 The Contractor shall include a clause in each applicable subcontract to require subcontractor's cooperation and assistance in accident reporting and investigation.

3.7 Damage and Loss Reporting - Transportation Discrepancy Report (TDR) procedures for pilferage and damage claims. (Form provided by Government).

3.7.1 The Contractor shall inspect all cargo upon arrival, before unlashing or unloading. All cargo will be inspected by the Contractor prior to loading on other modes of shipment to its final destination. If the cargo is damaged, pilfered, vandalized, or tampered with, the Contractor shall annotate the damage on the discharge report. Once the pilferage or 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.

3.7.2 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).

3.7.3 Military Claim Procedure - An estimate of the damage will be determined by the consignee which will be accepted by both parties. This estimate will serve as the basis for the claim, which will be filed IAW the Defense

Transportation Regulation; Chapter 211 Loss of Damage Claims Procedures dated May 2014.

3.8 Environmental Control.

3.8.1 The 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.

3.8.2 The Contractor shall remove and isolate the 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.

3.8.3 Contractor shall be compensated for the above services (3.7.2) on an extra labor basis, unless the damage which caused the leakage or spillage was the result of the Contractor’s fault or negligence, in which case the Contractor shall be held liable for all costs associated with the incident.

3.9 HAZMAT

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

3.9.2 The Contractor shall provide two certified POC’s for HAZMAT cargo handling IAW CFR 49 Part 172.704(d).

3.9.3 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.

3.9.4 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.

3.9.5 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 GENERAL CONTRACT ADMINISTRATION

4.1 General contract administration is defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contract are further defined in Section 6.0 –Port - Terminal Specific

Requirements (administration).

4.2 Port Licensing and permits. The Prime Contractor or its named Subcontractor shall possess a valid and current

Business License or work permit issued by the applicable Port Authorities by the Host Nation as evidence to work at all named ports within this PWS (see geographic info section 6.1) and must provide copies (prime or subcontractors) to the

CO for record.

4.2.1 Subcontractor’s license or permits may substitute for prime Contractor's license that allows the Contractor or their subcontractors to operate at all ports listed in section 6.0 geographic information.

4.3 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 operations business. The contract manager and alternates must be able to read, write, speak, and understand English fluently.

4.3.1 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.

4.3.2 During the performance of simultaneous cargo handling operations, the Contractor shall have their contract manager/s or alternates shall be present at each work site and accessible to the COR/ACOR 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.

4.4 Ordering Services. All stevedoring services will be performed under Task Order (TO) issued IAW Appendix

D, Payment Information, of this contract.

4.4.1 The COR during an operation may also identify additional labor, services, or equipment needed verbally with the Contractor when necessitated by the operation and issue a signed written request. The Contractor shall confirm all verbal orders in writing with the OO within 24 hours. The Contractor shall after each operation reconcile all services ordered with the COR and all supporting documentation (SDDC forms 288, 290, and time sheets) are completed and signed. The OO will finalize each TO with the COR, accounting for actual Contractor performance within 7 days and issue a final TO too the Contractor. The Contractor shall submit an invoice for payment to the COR for certification.

Any work performed prior too or without an issued TO will be at the expense of the contractor.

4.5 Out-of-Pocket (OOP) Expenses. Out-of-Pocket Expenses involve reimbursement of actual payment made by the Contractor on behalf of the Government 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).

4.5.1 The Contractor shall obtain written approval from the CO or OO for each item requested prior to purchase.

The OO is only authorized to approve OOP up to $3,500 per individual item. Any OOP expenses exceeding that threshold shall only be reimbursable with approval from the CO.

4.5.2 Any materials or supplies purchased using OOP shall become Government property and the Contractor shall recover and reuse serviceable material and supplies from each operation and use in subsequent operations when possible. The Contractor will not be compensated for re-use of recovered materials.

4.5.3 The Government may source materials to support mission readiness, at its discretion and direct the Contractor to procure the materials. "Government owned" is defined as either materials purchased by the Government for

Contractor use in support of this contract or materials purchased by the Contractor and approved as an OOP expense by the COR for Government use and for which Contractor has valid vendor receipts.

4.6 Training and Contingency Operations. The Government reserves the right to conduct training and contingency operations for Department of Defense (DOD) personnel during scheduled or contingency load or discharge operations for any vessel or related terminal operations. During these scheduled training or contingency events, the

Government may utilize military personnel for loading and discharging vessels or trucks, and conducting routine terminal or port operations.

4.6.1 The COR will inform the Contractor when such training or contingency operation are scheduled as soon as it is known, but No Later Than (NLT) 48 hours prior to the training. During these training or special operation events, the

Contractor shall provide, when ordered by the OO, sufficient qualified labor or equipment in support of DOD personnel. The Government shall compensate the Contractor for such labor and equipment to include but limited to operators, flagmen, lashers, mechanics, or headers when requested, at man-hour and equipment rental rates established in the Schedule of Rates (SOR).

4.6.2 The Government reserves the right to use 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 utilized the Contractor shall provide designated support labor and equipment for all other stevedore related work (ie; lashing, unlashing cargo) associated to military operated cargo. The Government shall compensate the Contractor at man-hour rates for only those designated as support.

4.6.3 Threat Awareness and Reporting (TARP): Reserved

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

4.7.1 Exceptions to Commodity Rates. Whenever a peculiar type of cargo is handled for which no commodity rate has been established, it shall be compensated using the Extra Labor (XL) and Equipment Rental Rates (EQR) in the applicable SOR. If the Government determines that a rate is necessary, the CO shall initiate negotiations of a schedule rate modification for the remaining period of the contract.

Commodity Definition of Movement

Loading Act of loading cargo from its place of rest to a conveyance

Discharge Act of unloading cargo from a conveyance to a final place of rest

Receipt Act of receiving cargo not otherwise conveyed (convoys)

Disposition Act of documenting the onward movement of cargo

Stuffing Act of loading cargo inside a container, or onto flat-racks from its place of rest

Unstuffing Act of unloading cargo from a container or flat-rack to its final place of rest

Transfer Act of moving cargo from its place of rest to another place of rest within the port

Inland Transportation Land based conveyances, used for movement of cargo into or out of the port

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

4.8 Detention/Standby and Minimum Time.

4.8.1 Minimum time. Minimum time is defined as time in addition to the time actually worked for which the contractor is required to pay his employees to comply with minimum time requirements of labor agreements applicable to the Contractor and his employees. For this contract, minimum time is established at 4 hours per working day. In no case will the Government pay minimum time when work is ordered; cargo or freight is available to work at the work site or vessel; but not worked due to Contractor’s inability to provide personnel or equipment. The Government shall pay the Contractor for a minimum time at established rates in Schedule 2 in the SOR.

4.8.2 The Government shall pay minimum time to the Contractor when work fails to materialize or is completed prior to the established minimum time for the work day, 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 final 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 working commodity to include checkers, all are listed as commodity.

4.8.3 Detention. Detention time, “standby time” or “waiting time”, is time lost as a result of work stoppage, or the inability to start, due to causes beyond the control of and without the fault or negligence of the Contractor, this includes but not limited to breakdown of ships gear, Government furnished equipment, inclement weather, non-arrival of the vessel, non-readiness of the vessel, or non-arrival of cargo. In such cases the Contractors time will be captured on the

SDDC form MT 288 as detention or standby time and the Contractor is compensated at established rates in Schedule 2 in the SOR.

4.8.4 Detention, standby and minimum times, will computed to the nearest 5 minute multiple, and payable to the

Contractor in lieu of commodity or Extra Labor (XL) base rates specified elsewhere in this PWS, and are paid at applicable man-hour rates, subject to the following:

4.8.4.1 When detention occurs during a commodity operation, the Contractor shall absorb each detention period of fifteen minutes or less. The Government shall pay the Contractor at detention rates for labor, including checkers and equipment operators (drivers), but shall not pay for equipment for each detention in excess of fifteen minutes including the first fifteen minutes thereof.

4.8.4.2 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.

4.8.4.3 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.

4.8.4.4 The Contractor shall provide documentation (time sheets) justifying detention or 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.

4.9 Extra Labor. The Contractor shall, only when directed by the COR and ordered by the OO, supply extra labor for miscellaneous services within the scope and intent of this contract. Unless services are occasioned by the fault or negligence of the contractor, the contractor shall be compensated at the extra labor (base hourly man-hour rate) rates established in Schedule 2 in the SOR. Miscellaneous services include, but are not limited to: Carpenter work in excess of normal lashing, blocking & bracing, welding & burning, opening or closing of hatches on a vessel, barge, or lighters equipped with pontoons, re-handling, removing and shifting of cargo, plus building and dismantling of sheathing and nailed floors as well as handling of ships' stores & materials, and providing assistance to US Government personnel during load or discharge operations. When performing extra labor services, the Contractor shall furnish all gear and necessary equipment required to perform the requested services.

4.10 Overtime. Reserved

4.10.1 The Contractor must obtain CO or COR written pre-approval to work in all conditions specified in paragraph

4.7 & 4.8 above.

4.11 Shift Differentials. Reserved

4.12 Equipment Rental Rates. All Equipment Rental (EQR) hourly rates listed in schedule 4 of the SOR applicable to this contract shall include the operator, fuel, lubricants, slings, riggings, attachments, and mobilization and demobilization costs unless otherwise indicated and approved by the COR in writing a head of time. All daily rates imply 24 hours of usage time. Rental of equipment not listed within the SOR will be subject to the same conditions as above and paid on an OOP reimbursement basis (receipts required), rates are subject to approval by the COR.

4.13 Inland transportation rates. All inland transportation rates if applicable to this contract shall include drivers, co-drivers, fuel, lubricants, lashing, unlashing, trapping materials, time and distance.

4.14 Contract Labor Reporting. The Contractor shall provide as requested by the COR, a daily time keeping log book for verification of labor and services provided for each shift per day’s operations, for the purpose of reconciliation.

4.14.1 Timekeeping. The Contractor shall maintain timesheets, with 100 percent accuracy, for all contractual services furnished by their own operations or subcontracted operations.

The timesheet shall include the following:

Date of operation

Description of service

Work was performed on daily shift or continuous shift

Total number of laborers, by class type of labor used, and hours worked to the nearest 5 min interval

Type, number, and hours equipment is utilized

Times and reasons for any work stoppages detailing significant events (detention or delays).

Timesheets will be verified by the COR. Compensation for timekeeping is included under commodity rates in the SOR.

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

4.15.1 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.

4.15.2 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.

4.16 Request for information. 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. The Contractor shall answer inquiries regarding movement, status, and/or disposition of cargo within four (4) working hours or less. The

Contractor shall immediately notify the COR of his inability to perform any task or function IAW this PWS.

4.16.1 Where applicable, the Contractor shall furnish information about specific changes to local work rules that affect cargo operations IAW the performance of this PWS.

4.17 Transition of Contract. Upon award of this indefinite-quantity contract for the performance of Stevedoring and

Related Terminal Services IAW the terms and conditions of this contract. All work shall be performed IAW the best commercial practices. The contract period is 12 months from the date of award, plus, if exercised, 4 option years.

4.17.1 Within seven (7) days after contract award, the incoming Contractor shall begin a joint inventory with the outgoing 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 days after completing of the joint inventory.

4.17.2 Property. A one hundred (100) percent physical inventory will be conducted by the outgoing Contractor and verified by the incoming Contractor. The Government's Property Book Administrator (PBA) 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 days from award.

4.17.3 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 CO. Any disagreement with the COR's decision shall be brought to the attention of the CO for resolution.

4.18 Order of Precedence. The Contractor shall be bound to accomplish all tasks and referenced regulations identified in the PWS. Should there be a conflict between the PWS and references set forth therein, the PWS will prevail unless the reference takes priority. In the event there is 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.

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

4.20 Performance Requirements – Quality Assurance

4.20.1 Contractor Performance Requirements. The Contractors performance will be measured against the critical performance objectives listed in Contractor Performance Requirements Summary (PRS).

Definition of Performance Requirements

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

Performance Objective – A statement of the outcome or results.

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

Government.

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

4.20.2 Use of Performance Measures and Standards. Not every performance objective in this contract has a related performance measure or performance standard. However, every performance objective is a contractual requirement.

For those performance objectives that do not specify a measure or standard, the measures and standards are in accordance with standard commercial practices.

4.20.3 Quality Assurance. The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. 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.

4.20.4 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.

4.21 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).

4.21.1 The QCIP shall include the following:

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.

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.

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

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

4.22 Quality control inspection checklists (QCIC). QCICs shall be submitted to the COR upon completion of every vessel operations mission.

4.22.1 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.

4.22.2 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.

4.23 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 the Contractors request, a meeting will be held whenever a contract discrepancy report is issued and written minutes shall be documented. 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.

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