Attachment_1_-_PWS.pdf

RFQ HTC711-19-Q-R001

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES (S&RTS)

PORTS OF

PIRAEUS, THESSALONIKI, ALEXANDROUPOLIS

GREECE

Stevedoring & Related Terminal Services

Performance Work Statement

For

Military Operations Terminal – 839th Transportation Battalion Greece Detachment

Stevedoring & Related Transportation Services Performance Work Statement

TABLE OF CONTENTS

Section Section Topic Page

1.0 Background & Scope 2

2.0 General Security Requirements 2

3.0 General Safety Requirements 4

4.0 General Contract Administration 6

5.0 Contractor General Requirements 12

6.0 Terminal Specific Requirements 18

Contract Performance Requirements Summary (PRS) Table 23 Appendix A Regulations, Publications, & Forms 25 Appendix B Foreign Entry Vetting 28 Appendix C Glossary of Terms 29 Appendix D Payment Instructions 47 Appendix E List of Acronyms & Abbreviations 51

1.0 GENERAL 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. Since its establishment in 1965, SDDC has played a vital role in our nation’s defense by providing support to every war, major contingency, training exercise and humanitarian relief operation where our military forces have been deployed.

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

SDDC requires Stevedoring and Related Terminal Services (S&RTS) in connection with the import and export of Defense Transportation System (DTS) sponsored cargo. This includes all labor, equipment, gear, tools, documents, materials and miscellaneous supplies and management services to satisfy the scope of this Performance Work Statement (PWS). The Government requires performance of all PWS tasks mentioned herein, at the Ports of Piraeus, Thessalonkiki, and Alexandroupolis, Greece be completed in a manner consistent with the best commercial practices. PWS tasks shall be inclusive of services required for vessel loading, vessel discharging, cargo receipt and disposition, cargo staging, transfer of cargo, tallying and checking, storing and warehousing, and handling of Government provided securing materials. This requirement includes physical security, facilities, storage/staging, office space and office supplies, and equipment to perform all required documentation--to include other related miscellaneous requirements as outlined in this PWS. (PWS Section 6 provides port specific requirements.) SDDC requires the contractor provide proof of ability to perform S&RTS services within the scope of this PWS at Ports of Piraeus, Thessalonkiki, and Alexandroupolis, Greece. All required approvals IAW the PWS are required from the Contracting Officer (CO) and Contracting Officer’s Representative (COR) and any work performed without authorization, shall be at the contractor’s expense. The Period of Performance for this requirement is from 16 December 2018 through 15 December 2023.

1.3 Ground Rules and Constraints

1. 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.

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

2.0 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.

2.2 The overall classification of work associated with this contract is UNCLASSIFIED. Note: See section 6 for other port security requirements. Personnel assigned to this contract will not require access to Non-Secure Internet Protocol Router Network (NIPRNet) applications or UNCLASSIFIED government systems and therefore not authorized to obtain a Common Access Card (CAC) or Alternative Smart Card Logon (ASCL) tokens.

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

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

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

2.2.4 If the Government notifies the Contractor that employment of any contractor employee is prejudicial to the interests or endangers the security of the United States of America, the Contractor shall remove and bar that person.

This includes security deviations/incidents and credible derogatory information on contract members during the course of the contract period. The Contractor receiving award of this contract shall make any changes necessary in the appointment(s).

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

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

2.2.7 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.

2.2.8 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.

2.2.9 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)

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

2.3 Cyber Security

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

3 GENERAL SAFETY REQUIREMENT

3.1 General Safety 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.

Contractor is responsible for complying with, enforcing and monitoring applicable host nation, international, local installation and SDDC Transportation Battalion safety and fire regulations. COR will log any discrepancies within the defined quality performance process. Contactor must establish and maintain an effective and comprehensive safety program. Contractor will support the SDDC battalion’s Emergency Disaster Plan. Contractor must acquire, maintain, and require use of safety equipment, personal protective equipment (PPE) (29 CFR 1918.101-106) and devices necessary to protect employees on the installation, port, and the vessel. Government reserves the right to halt Contractor operations when the Operations Officer, COR, or other Government representative observes unsafe operations; where damages/harm to life or property are possible. Operations shall not resume until such time as Contractor revises their methods of operation to COR satisfaction. Government shall not compensate Contractor for any standby time and may hold Contractor liable for any other costs incurred by Government, if operations are halted due to Contractor unsafe operations.

3.2 The Contractor is required to adhere to host nation, local authority, and/or DOD standards for a safe working load for cargo handling gear and equipment and ship’s gear. The Contractor shall ensure his employees wear hard hats at all times when working in “hard hat areas” designated by the COR, at minimum hatches, wharves, terminal wareimports, and open storage areas. In all cases, the Contractor shall provide fresh labor at the beginning of each shift who shall have at least eight (8) hours of rest before starting work.

3.2.1 Emergency Response Plan. The Contractor shall provide a comprehensive safety and security Emergency Response Plan clearly outlining procedures for emergency HAZMAT cleanup of spills from leaking Material Handling Equipment (MHE) (for example forklifts, tugs, and container top handlers) owned or leased by Contractor to include damage to property and the environment. When the Contractor does not have sufficient resources of his own, the Contractor shall immediately arrange for outside emergency response personnel who specialize in spill containment and clean up. The Contractor shall pay for any such clean up and comply with hazardous spill procedures in the Emergency Response Plan. The Contractor shall report immediately to the COR and Port Emergency Response Officer for any leakage or spillage of hazardous substances on the ground or any leakage or spillage.

3.2.2 The Contractor shall follow the directives provided by the Port Emergency Response Officer who will be responsible for assuming command and control of the situation by securing the scene, providing incident command and control, evacuating personnel, stopping the release, containing spills and decontaminating personnel. Any clean-up efforts will be tracked by the Contractor and reported to the COR.

3.2.3 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.

3.2.3.1 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.

3.2.3.2 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.

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

3.2.4.1 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.)

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

3.2.4.3 In the event hazardous materials are required to be stored at the port where services are being provided, the Contractor shall be responsible for coordinating the use of storage cabinets with current inventory sheet and Material Safety Data Sheet (MSDS) provided to the Port Safety Officer.

3.3 Safety-Driver and Government Furnished Equipment (GFE) operation/maintenance Training. Training is providing information, knowledge, and skills to reinforcement to meet requirements.

The Government shall:

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

3.3.2 At times, the Government will have field service representatives or vendor training onsite for new vehicle modeled equipment. The Government shall identify and provide vehicle specific training requirements for the Contractor’s employees to attend. The COR will coordinate training events with the Contractor to ensure maximum participation. The Contractor will be compensated at applicable man-hour rates as stated in the SOR.

3.3.3 The Contractor shall ensure that personnel operating Government Vehicles possess valid civilian driver’s licenses as required for operating vehicles in Host Nation. Drivers of Commercial Motor Vehicles shall have a valid Commercial Drivers’ License (or Host Nation equivalent) appropriate to the type of equipment being operated. If commercial motor vehicles are laden with hazardous materials (HAZMAT), to include munitions, CDL’s must include a HAZMAT endorsement or Host Nation equivalent. The Contractor shall not use Ammunition and Explosives laden MHE or vehicles during operator training at any time.

3.3.4 The Contractor will establish a remedial training program for drivers or operators who have had driver at-fault accidents or traffic violations, misused equipment, or otherwise demonstrated a need for additional training on military vehicles or equipment. The 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.

3.3.5 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 49CFR Part 172 Subpart H; Training, whichever is more stringent.

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

3.4 Safety Briefings. The Contractor shall, as part of the commodity operation, conduct and document safety briefings for all workers prior to all operations and at each shift change thereafter, and must brief new workers as any new labor is added. Contractor will conduct safety briefings and supervised by a Government representative.

The COR may provide the Contractor with a checklist of safety and security topics for addressing prior to the start of vessel or terminal operations and may also participate in these briefings. Safety briefings conducted by the Contractor will relate to the type of operation (e.g. truck, vessel, yard, crane, etc.), and, at minimum, must meet host nation, local authority and/or DOD regulatory guidance, whichever is more stringent. Safety briefings shall be conducted in both English and in Host Nation Language. It should include the following basic information:

Overall General Safety Requirements

• Work tasks for performance

• Responsibilities - who reports unsafe conditions and to whom

• Injury and property damage reporting procedures

• Required PPE for personnel on the terminal

• Designated smoking areas

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

• Location of emergency equipment - fire extinguishers, PFDs

• Weather/temperature conditions

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

• Walking/Tripping Hazards

• Pedestrian and traffic movement

• Gangway Safety

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

Traffic Safety

• Driver distractions

• Seat Belts Use

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

• Speed limits – pier, yard, and vessel

• Parking locations

• Traffic Flow

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

• Rail crossings

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

3.4.1 The Government will conduct safety briefings when necessary, and 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 Damage, Accident, and Loss Reporting.

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

3.6.2 In all instances where a reportable accident (that meets the minimum criteria IAW AR 385-10 & DA PAM 385-40 for ground Class A–D accidents) or incident occurs, the Contractor shall submit a preliminary accident investigation report to the COR and HQ SDDC Safety within 10 calendar days. A full accident investigation report identifying all root causes and corrective actions shall be provided to the COR and HQ SDDC Safety within 30 Days. The Contractor will also report accidents that do not meet minimum criteria to the COR.

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

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

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

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

4 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.

4.1.1 Port Licensing and permits. The Prime Contractor shall possess a valid and current Business License or work permit issued by the Host Nation Port Authority and shall provide copies to the COR for record after contract award. Subcontractor’s license can substitute for Prime Contractor's license that allows the Contractor or subcontractors to operate at all ports listed in the contract.

4.2 Ordering Services. All stevedoring services will be performed under a Task Order (TO) issued IAW the contract, all services shall be identified by the COR and conveyed to an appointed Ordering Officer (OO). The OO will develop labor and commodity estimate identifying all services agreed upon by the COR and the Contractor as soon as practicable prior to the start date & time for each day services are needed.

4.2.1 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 of each day services are ordered 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 to or without an issued TO will be at the expense of the contractor.

4.3 Out-of-Pocket (OOP) Expenses. OOP expenses involve the reimbursement of actual payments made by the Contractor to a third party vender or supplier on behalf of the Government. Expenses must be substantiated by the Contractor by submitting the paid vendor invoice or receipt to either the CO or COR. OOP expenses will be reimbursed only for mission related services and materials identified on TO forms.

4.3.1 OOP expenses do not include expenses inherent to performing stevedoring and related terminal services.

OOP expenses are for the purpose of purchasing supplies or non-durable goods. The Contractor shall obtain written approval from the CO or COR for each item requested. All such materials or supplies shall become Government property and the Contractor shall recover and reuse serviceable material and supplies from each operation and used in subsequent other operations when possible. The Contractor will not be compensated for re-use of recovered materials. The Contractor shall gain prior written approval before the purchase of materials from the CO for OOP expenses exceeding the threshold of $3,500 per individual item, additionally administrative fees (exp; delivery charges or taxes) are allowable OOP expenses and compensation shall be set forth in the SOR

4.3.2 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.

4.4 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 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, and conducting routine terminal or port operations.

4.4.1 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 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 operators, flagmen, lashers, mechanics, or headers when requested, at man-hour and equipment rental rates established in the Schedule of Rates (SOR).

4.4.2 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 and commodity rates as established in the

SOR.

4.4.3 Training. The Contractors employees will attend and complete the following training within 30 days of contract start as prescribed by DOD, Army and SDDC Regulations: Employee Initial Security Briefing, Operations Security (OPSEC), Threat Awareness and Reporting Program (TARP), DOD Antiterrorism (AT) Level 1 Training, Active Shooter and Workplace Violence Training. This also includes IA training required for specific computing platforms and applications. All Security training, to include Annual Security Awareness Training, is required annually. Compensation for training will be at man-hour rates as set forth in the SOR.

4.5 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.

4.5.1 Exceptions to Commodity Rates. Whenever a particular type of cargo is handled for which no commodity rate has been established, it shall be handled using the extra labor and equipment rates in the applicable Schedule of the Schedule of Rates. If the Contracting Officer CO determines that a rate is necessary, the parties hereto shall negotiate a rate for that particular instance or negotiate a schedule rate modification for the remaining period of the contract.

Chart 1

Commodity Definition of Movement

Loading Act of loading cargo from its place of rest to a conveyance (vessel, truck, railcar)

Discharge Act of unloading cargo from a conveyance (vessel, truck, railcar) to a final place of rest

Receipt Act of receiving cargo, (trucked, railed or conveyed)

Disposition Act of documenting the onward movement of cargo (clearing the port)

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

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

4.6 Detention/Standby and Minimum Time.

4.6.1 Minimum time is defined as the time in addition to the time actually worked for which the contractor is required to pay their employees to comply with minimum time requirements of labor agreements applicable to the Contractor and their employees. For this contract, minimum time is 8 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 the detention rate in Schedule 2 in the SOR.

4.6.2 The Government shall pay minimum time to the Contractor when work fails to materialize or is completed prior to the minimum time, but shall not pay for checkers working in conjunction with longshoremen until completion of the longshoreman commodity activity; and any part of a gang not required on a commodity activity.

For example, a truck unloading operation is inclusive of unlashing and unloading cargo under one commodity rate.

Lashers who finish unlashing are still on commodity time (i.e., not detention) until drivers complete unloading and staging to 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 on commodity to include the checker, all are listed as commodity.

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

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

4.6.3.2 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.

4.6.3.3 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.

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

4.6.4 The Contractor must obtain CO or COR written pre-approval to work in all conditions specified in paragraph 4.2 & 4.2.1 above.

4.7 Extra Labor. The Contractor shall, when directed by the COR, 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 (XL) (base hourly rate) rates in Schedule 2 in the SOR. Miscellaneous services include, but are not limited to: Carpenter work in excess of normal (un)lashing and (un)securing, welding and burning, opening and closing of hatches on vessels, barges, and 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 and material, providing assistance to US Government personnel during load or discharge operations.

4.8 Overtime. The contractor shall, when directed by the COR, supply labor for overtime work. Compensation for overtime work shall include the base hourly rate plus the overtime differential rates in Schedules 3B in the SOR, in addition to the commodity rates or extra labor rates. Overtime periods shall be determined IAW the prevailing collective bargaining agreements applicable to the Contractor and their employees.

4.8.1 The Contractor must obtain CO or COR pre-approval to work in all conditions specified in paragraph 4.7 above.

4.9 Shift Differentials. When work is performed in a shift other than the regular daily shift, the Contractor shall be compensated in accordance with the applicable shift differential rates set forth in Schedule 3B and 3C in the SOR for each working member in each gang to include equipment operators, drivers, and foremen’s. When work is performed on an extra labor basis, applicable differentials rates shall be added to base rates.

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

COR.

4.11 Inland transportation rates. All inland transportation rates applicable to this contract are inclusive of driver, fuel, lubricants, lashing and trapping materials

4.12 Contract Labor Reporting. The Contractor shall provide, as requested by the COR, a daily time keeper personnel log book for verification of labor services provided for the day’s operations for reconciliation. Breakout will include total quantity by class of service.

4.13 Timekeeping. The Contractor shall maintain timesheets, with 100 percent accuracy, for all contractual services furnished by their own operations and subcontractor’s operations.

The timesheet shall include the following:

Date of operation Work was performed on daily shift or continuous shift Number of laborers, by class type of labor used, and hours worked Type, number, and hours equipment is utilized Times and reasons for any work stoppages.

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

SOR.

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

4.14.1 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.

4.14.2 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.

4.15 Upon request by the Government, the Contractor shall provide the COR cargo management information generated as a result of this PWS and respond to specific inquiries. In addition, the Contractor shall furnish information about specific changes to union contracts and local work rules that affect cargo operations IAW performance of this PWS. The Contractor shall answer inquiries regarding movement, status, and/or disposition of cargo within eight working hours or less. The Contractor shall immediately notify the COR of their inability to perform any task/function IAW this PWS.

4.16 Transition of Contract.

4.17 Upon award this will be an 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 days after contract award, the outgoing Contractor shall begin a joint inventory with the incoming Contractor. This joint inventory shall be completed and all issues resolved within seven 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.

4.18 Property. A 100 percent physical inventory will be conducted by the outgoing Contractor and verified by the incoming Contractor. The Government's Property Administrator (PA) and/or a designated Property Representative will observe the physical inventory to assure concurrence by all parties. Upon completing the 100% inventory, the outgoing Contractor will post the transfer document as a closing adjustment to that Contractor’s property records. The outgoing Contractor will maintain the basic property records reflecting authorizations, identification, and management data for all Government-Furnished Property (GFP) transferred to the incoming

Contractor. The Government will provide the incoming Contractor with a Final Government Property Inventory report within thirty days from award.

4.18.1 Schedules. It is of utmost importance that work schedules be maintained during transition. The outgoing Contractor will be responsible for work schedules until a work area is officially transferred to the incoming Contractor. Work will only be transitioned from the outgoing Contractor to the incoming Contractor when it is determined by the COR that the incoming Contractor can conduct operations without detriment to the mission. This determination will be made in writing and provided to the PCO. Any disagreement with the COR's decision shall be brought to the attention of the PCO for resolution.

4.19 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:

4.19.1 Should there be a conflict between the PWS and references set forth therein, the PWS prevails 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.

4.20 Continued Performance During War or Any State of Emergency. 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 the United States. 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.

5.0 CONTRACTOR GENERAL REQUIREMENTS

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

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

5.2 Contractor services. The Contractor services will cover the full spectrum of ocean terminal operations to include discharging and loading of multiple types of vessels, operating staging and call forward areas including designated areas or facilities for washing or fumigation of imported or exported cargo.

5.2.1 Vessels types that may be anticipated are Large Medium Speed Roll On/Roll Off (LMSR), Fast Sealift Ships (FSS), MARAD/Ready Reserve Fleet (RRF), Military Sealift Command (MSC) Controlled or Charted Vessels, Maritime Prepositioned Ships, Cape Class Vessels, Barges, U.S. Army and Navy vessels, commercial car carrier vessels, combined container/Ro-Ro vessels as well as other vessel types and classes.

5.2.2 The Contractor must be capable of handling multiple and simultaneous vessel at all ports designated, with operations at each terminal as described in this contract’s Area of Responsibility (AOR) (see section 6 for port locations). The Contractor will handle various classes of supply to include Ammunition, Hazardous Material, sensitive, controlled, and general DOD cargo.

5.3 The Contractor will inspect all received military cargo for damage or documentation discrepancies and immediately report these issues to the COR.

5.3.1 The contractor shall report any damage caused by the contractor, to cargo or vessel, immediately to the COR

5.4 The Contractor shall communicate to the COR any labor or equipment shortfalls immediately, and make every effort to rectify the shortfall prior to operational start times.

5.5 The Contractor shall provide a dedicated manager proficient with English language to serve as a single point of contact for each port for interface with the Government during all daily operations; this includes English Language proficient management presence at away ports during terminal operations.

5.6 The Contractor shall provide one point of contact (POC) and one alternate on-site for each operation for each shift to the COR. Those individuals must be able to communicate in the English language, have decision-making authority and shall act as the central point of contact between the Government and the Contractor. During vessel operations, the Contractor must have stevedore oversight for all gang activity onboard vessel/s, staging yards, and all operational areas. If any operational delay is as a result of stevedore absence on deck or in the staging yards;

the delay will be at the Contractor’s expense.

5.7 The Government will establish and the Contractor shall participate in daily operations meetings and shall participate in other meetings regarding vessel load or discharge as required. The Contractor shall order labor, material, and equipment based upon agreement with the COR. Compensation shall be inclusive in commodity rats as established in the SOR

5.8 The Contractor shall compare Government reports to Contractor documents and identify discrepancies and recommend reconciliations to the COR.

5.9 The Contractor shall provide two certified POCs for HAZMAT cargo handling IAW CFR49 Part 172.704(d)

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

(PRS).

5.11 Stevedoring and Related Terminal Services (Import)

5.11.1 The Contractor will prepare the vessel for discharge and unlashing and physical removal of cargo from the vessel. Inclusive of the vessel discharge commodity rate, the Contractor shall discharge and document cargo (to include capturing linked, nested, and secondary loaded cargo) of inbound cargo IAW with the agreed upon Discharge Plan and stage in accordance with the agreed upon Staging Plan (e.g. by type and destination) within the time frame established at the cargo meeting between the Contractor and the (COR). The Contractor shall handle multiple classes of cargo including sensitive, classified, HAZMAT cargo or Refrigerated containers in accordance with the discharge and staging plan and IAW current applicable regulations. Any changes must be approved through the COR.

5.11.2 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 discharge 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.

5.11.3 The Contractor may be requested to disposition cargo by inland modes (i.e. Truck, Rail) via LOLO/RORO.

During the discharge operation of a vessel, The Contractor shall remove cargo from its stow location and dray or tow the cargo to the conveyance and load and secure onto the designated inland transportation. Loading shall also include securing of cargo, covering cargo with tarpaulins (as needed), and removing and reinstalling transporter components;

(i.e. sideboards, rails, tarpaulins, etc.). Compensation shall include all rates for discharging and loading per the established rates in the SOR.

5.11.4 Correct destination loaded onto conveyance. The Contractor shall reimburse the Government for costs associated with correction of cargo delivery due to Contractor fault of incorrectly delivered shipments.

5.12 Transfer Cargo. The Contractor may be requested to transfer cargo from one place of rest to another place of rest within the operational area of port. Compensation is included in the commodity rates according to SOR 1F for the designated port.

5.13 Stuffing & Un-stuffing Operation. The Contractor may be requested to perform the stuffing and un-stuffing operations in such a manner that no cargo is damaged by the Contractor. Compensation is included in the commodity rates in Schedule 1E. The Contractor shall remove cargo from its place of rest and stuff it into containers, transporters, or onto flat racks. Stuffing also includes securing of the cargo inside the container and weighing the container after it’s sealed (Safety of Life at Sea (SOLAS) required). The Contractor shall un-stuff cargo from containers, transporters or flat racks to a designated place of rest. Un-stuffing also includes removal of labels, debris and nails. HHG (Household goods in wooden crates) for DPM (Direct Procurement Method, or CODE 5) shipments. Compensation is included in the commodity rates in schedule 1E.

5.13.1 The Contractor shall remove cargo from its place of rest and stuff it into or onto containers, transporters, or flat racks. Compensation is inclusive of the commodity rates as established in SOR

5.13.2 The Contractor shall un-stuff cargo from containers, transporters or flat racks to a designated place of rest.

Un-stuffing also includes removal of labels, debris and nails from the conveyance (containers). Compensation is inclusive of the commodity rates as established in SOR

5.14 Inland transportation. Contractor may be requested to provide Inland transportation of cargo from Port to inland…