Attachment_1_-_PWS.pdf

RFQ Attachment 1 – HTC711-19-Q-R009

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

PORT OF HAMMERNESODDEN, NORWAY

Stevedoring and Related Terminal Services (S&RTS)

Performance Work Statement

For

Military Operations Terminal

950TH

Transportation Battalion

3 September 2019

Stevedoring & Related Transportation Services Performance Work Statement

TABLE OF CONTENTS

Section Topic Page

1.0 Background & Scope 2

2.0 General Security Requirements 3

3.0 General Safety Requirements 5

4.0 General Contract Administration 11

5.0 Contractor General Requirements 21

6.0 Terminal Specific Requirements 30

Contract Performance Requirements Summary (PRS) Table 33 Appendix A Regulations, Publications, & Forms 36 Appendix B Glossary of Terms 40 Appendix C Payment Instructions 52 Appendix D List of Acronyms & Abbreviations 55 Appendix E Foreign Entity Vetting 57

Section 1

1. BACKGROUND AND 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. SDDC requires Stevedoring and Related Terminal Services (S&RTS) to include all labor, equipment, gear, tools, documents, materials and miscellaneous supplies and management services to satisfy all tasks provided in this Performance Work Statement (PWS).

The Government requires performance of all PWS tasks mentioned herein at the Port of Hammernesodden, Norway be completed in a manner consistent with the best commercial practices. PWS tasks shall be inclusive of services required for vessel loading, cargo receipt and disposition, cargo staging, transfer of cargo, tallying and checking, and handling of Government provided securing materials. This requirement includes physical security, facilities, storage/staging, office space, office supplies, and to provide all required documentation--to include other related miscellaneous requirements as outlined in this PWS. SDDC requires proof of ability to perform S&RTS services within the scope of this PWS at the Ports of Hammernesodden, Norway. 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.

1.2.1 The Contractor shall provide all gear, equipment, materials, dock space, management and sufficient amounts of qualified labor to satisfy the full scope of stevedoring in this contract and make every effort to rectify shortfalls, for which the Government will compensate the Contractor by applicable commodity or man-hour rates as designated by the Schedule of Rates (SOR).

1.2.2 The Contractor shall obtain the required written approval from the Government for all work, services, or other terminal operations for which a task order number and ordering template will be issued. The Contractor will assume all expenses for any work performed outside of or without written authorization.

2. 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 Personnel Screening. The Contractor shall screen all labor to ensure they do not have criminal records with the United States or the Host Nation, and if Foreign National, within their home country. The Contractor shall also screen labor to ensure they do not have terrorism or threat-related activity or alliances detrimental to the United States or Host Nation. The Contractor shall screen all prior United States military personnel for military service criminal offenses. The Contractor shall not utilize labor from any person under this contract who is simultaneously an employee of the United States Government.

2.3.2 Screening shall complement applicable badging processes and enhance force protection measures through document examination; verification; and biographical and security interviews.

Any applicant who refuses screening shall result in denial of applicant’s access for employment or termination. Once applicant screening process is complete, screening cell shall forward the packet with recommendation concerning that applicant’s suitability for access. Any derogatory information may result in applicant’s access denial or termination. Applicants who have been denied access due to derogatory information may file an appeal to the Procurement Contracting Officer for review.

2.3.3 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.

2.3.4 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.

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

2.3.6 The Contractor shall comply 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 the applicable Port, Facility or Installation Access Control processing requirements.

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

2.3.8 Derogatory Information. If the Government notifies the Contractor that employment of the Contractor is prejudicial to the interests or endangers the security of the United States of America, the Contractor shall remove and bar that person from performing under this contract.

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).

2.3.9 Operations Security (OPSEC): All information furnished to the Contractor is to be used FOR OFFICIAL USE ONLY (FOUO). The Contractor shall be aware of OPSEC requirements from SDDC. Information determined as FOUO or included as part of the OPSEC Critical Information List (CIL) shall not be released to the public. The Contractor’s personnel shall protect privacy, sensitive information, and “FOUO” data for duration of the performance of this contract.

2.3.10 The Contractor shall 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.

2.3.11 Foreign Entity Vetting. The Contractor shall submit a semi-annual report to the CO for each first tier foreign transportation service provider, operating as a separate legal entity, contracting directly with contractor or its commonly owned legal affiliate which has employees who may have physical contact with Government shipments in the ordinary course of contract performance. See appendix E for further instruction for this requirement. Compensation for services defined in this paragraph are included in the commodity rates as established in the Schedule of Rates.

2.3.12 Base access. The Contractor and its subcontractors, if applicable, shall comply with base access and control procedures, personnel that have not been cleared for entry to secured working area/s will be denied entry, and the Government will not be liable for wages of such denied personnel.

2.3.13 Vehicle Identification. The Contractor shall obtain installation/port access clearance for any vehicles used in performance of this contract. The Contractor shall 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. Privately 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.

2.3.14 Security Regulation & Compliance. The Contractor shall 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.

2.3.15 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)

2.3.16 DoD regulations found at: http://www.dtic.mil/whs/directives/corres/pub1.html

2.4 Cyber Security. In accordance with DFARS 252.204-7012, "Safeguarding Covered Defense Information and Cyber Incident Reporting”, the Contractor shall provide adequate security on all Contractor information systems used to receive, transmit, or store covered defense information. The Contractor shall detail compliance measures in a system security plan (SSP), submitted to the COR prior to start of work. The Contractor and/or subcontractor shall report the incident to the following site: http://dibnet.dod.mil within seventy-two (72) hours of the cyber incident occurring.

3. GENERAL SAFETY REQUIREMENTS

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 (safety).

3.2 The Contractor shall comply with, enforce and monitor applicable host nation, international, local installation, and SDDC Transportation Battalion safety and fire regulations.

The COR will log any discrepancies within the defined quality performance process. The Contactor shall establish and maintain an effective and comprehensive safety program. The Contractor shall support the SDDC Emergency Disaster Plan. The Contractor shall acquire, maintain, and require 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 the vessel.

3.2.1 The Government reserves the right to halt Contractor operations when the Operations Officer, COR, or any other Government representative observes unsafe practices where harm to life or damages to property are possible. The Contractor’s operations shall not resume until such time as the Contractor corrects and revises its methods of operation to the satisfaction of the COR. The Government will not compensate the Contractor for any standby time incurred by the safety violation and may hold the Contractor liable for any costs incurred by the Government, if operations are halted due to the Contractor’s unsafe practice or violation.

3.2.2 The Government may conduct additional safety briefings when necessary, directed by the local Commander’s guidance, during which time the Contractor’s labor is placed on standby time. The Government safety briefing will include information as prescribed in paragraph 3.5 above and any other necessary terminal or Command related safety information. Compensation shall be set forth as established in the Schedule of Rates.

3.3 The Contractor shall adhere to local authority and DoD standards for a safe working load for cargo handling gear and equipment and ship’s gear. The Contractor shall ensure hard hats are worn at all times when working in “designated hard hat areas.” The Contractor shall, at a minimum, ensure all contractor employees wear hardhats in vessel hatches, wharves, terminal warehouses, and open storage areas when in and around military cargo.

3.4 The Contractor shall provide fresh labor at the beginning of each shift who shall have at least eight (8) hours of rest between shifts before starting another work.

3.5 Emergency Response Plan. The Contractor shall provide a comprehensive safety and security “Emergency Response Plan (ERP)”. The plan shall clearly outline procedures for emergency HAZMAT cleanup, or Petroleum, Oils, and Lubricant (POL) spills from military cargo shipments, or leaking Material Handling Equipment (MHE) (for example forklifts, tugs, and container top handlers) owned or leased by the Contractor, to include mitigating damage to property or 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 resulting from the Contractor’s equipment or leaks caused by the Contractor by damage to military cargo shipments and must comply with hazardous spill procedures in the Emergency Response Plan. Services defined in this paragraph are included in the commodity rates as established in the Schedule of Rates.

3.5.1 Military Cargo Shipments. The Contractor will not be responsible for the cost of clean-up of Military cargo leaking POL or hazardous substances not caused by Contractor’s damage.However, the Contractor shall attempt to contain the leak and clean up the spill. The Contractor shall report immediately to the COR and Port Emergency Response Officer of any leakage or spillage of hazardous substances on the ground or any leakage or spillage. The Contractor shall not move any cargo leaking or spilling POL or any hazardous substances. The Contractor shall be responsible for cleanup at its expense. The Government will compensate the Contractor for cleanup of spills, not caused by the Contractor, at established extra labor, equipment rates and materials used in the process of the cleanup.

3.5.2 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.

3.5.3 The Contractor shall comply with all applicable environmental laws and regulations pertaining to marine and port facilities 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 environmental guidance and instructions per the United States Coast Guard (USCG). 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.

3.5.4 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.

3.5.5 Secondary Containment for Hazardous Materials, Wastes and Petroleum, Oils and Lubricants (POL). At the Contractor’s expense, the Contractor shall provide 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.).

3.5.5.1 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.

3.5.5.2 In the event hazardous materials are required to be stored at the port where S&RTS contract services are being provided, the Contractor shall coordinate the use of storage cabinets with current inventory sheet and Material Safety Data Sheet (MSDS) provided to the Port Safety Officer.

3.6 Driver Training for Specialized Cargo. The Government will make available and the Contractor shall attend driver training (AR 600-55) for specialized Government vehicles and related processes and procedures to Contractor personnel. The Contractor shall coordinate with its personnel to attend the Government provided training so that pools of vehicle 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. The Contractor’s Labor shall participate in the required trainings at the Contractor’s expense.

3.6.1 The Government may have field service representatives or vendor training onsite for new vehicle modeled equipment. The Government will identify and provide vehicle specific training requirements for the Contractor’s labor to attend. The COR will coordinate the training events with the Contractor to ensure maximum participation. The Contractor’s Labor shall participate in the trainings at the Contractor’s expense.

3.6.2 The Contractor shall ensure that personnel operating Government Vehicles possess valid civilian driver’s licenses or permits as required for operating military vehicles on and off the port. Drivers of Commercial Motor Vehicles shall have a valid Commercial Driver’s License appropriate to the type of equipment being operated. If commercial motor vehicles are laden with Hazardous Materials (HAZMAT), to include ammunitions Arms and Explosives (AA&E), Driver’s licenses shall include a HAZMAT endorsement.

3.6.2.1 The Contractor shall not use Ammunition and Explosives laden MHE or vehicles during operator training at any time.

3.6.3 The Contractor shall 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.

3.6.4 The Contractor shall provide two (2) POCs with HAZMAT certification for oversight in handling hazardous cargo IAW CFR49 Part 172.704(d) for each operation and port location when handling HAZMAT cargo. The POC shall ensure compliance 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. The Contractor’s labor shall meet the qualification for personnel who pack dangerous goods; load/unload Cargo Transport Units; handle dangerous goods in transport; load/unload dangerous goods into/from ships as specified in IMDGC Chapter 1.3; Training and 49CFR Part 172 Subpart H; Training.

3.6.4.1 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 (ALARACT) 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. The Contractor shall remove any personnel found non-compliant from handling this cargo and the incident reported to the COR who will report the incident in the monthly performance report.

3.7 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 shall brief new workers as any new labor is added. The Contractor shall conduct safety briefings with the presence of a SDDC Government representative. The COR or SDDC Safety Officer may provide the Contractor with a checklist of safety and security topics to brief the Contractor’s labor prior to the start of vessel or terminal operations and may also participate in these briefings. Safety briefings conducted by the Contractor shall relate to the type of operation (e.g. truck, vessel, rail, yard, crane, etc.), and, at minimum must meet, local authority and/or DOD regulatory guidance, or host nation requirements as determined by the COR. Safety briefings shall be conducted in both English and the Host Nation local language. Safety briefing should include the following basic information:

3.7.1 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 and Ramp Safety Person in water/man overboard - prevention, recovery and survival

3.7.2 Traffic Safety

Driver distractions (no cell phones) Seat belts must be used 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)

3.7.3 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 Lifting and 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

3.8 Operation of Contractor Equipment. The Contractor shall maintain and operate all Contractor equipment used during operations IAW applicable Host Nation, local authority, laws and regulations, DoD, Army, port, and terminal regulations, directives, instructions and pamphlets, as determined by the COR. 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 shall replace any non-compliant equipment so that there will be no delay or hindrance to operations. The Contractor shall notify the COR when the equipment is made compliant and before it is used again.

3.9 Damage, Accident, and Loss Reporting.

3.9.1 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.

3.9.2 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 SDDC Safety Officer within 24 hours. 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 shall report all accidents or cargo damages that do not meet minimum criteria to the COR.

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

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

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

3.9.4 After an accident or serious incident occurs, the Contractor shall secure the accident location and preserve critical evidence. The Contractor shall allow Government personnel access to the location, any evidence, and any contractor-employed witnesses to include operators involved in the accident. Operations will not resume until cleared by the COR, SDDC Safety Officer, 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 (administration).

4.1.1 Port Licensing and Permits. The Prime Contractor or its named Subcontractor(s) shall possess a valid and current Business License (BL) or work permit issued by the applicable Port Authorities for the Host Nation (Norway) as evidence to work at all named ports within this PWS and must provide copies (prime and subcontractors) to the CO for record.

4.1.2 Union Agreements and Tariffs. Reserved

4.1.3 The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The Contractor shall provide telephone numbers for the contract manager where the contract manager may be contacted during and after duty hours. The contract manager shall have, at a minimum, five (5) years demonstrated stevedoring experience directing and managing port operations. The contract manager must be able to read, write, speak, and understand English fluently.

4.1.4 The contract manager shall have full authority to act for the Contractor on all matters pertaining to the performance of services under this contract.

4.1.5 During the performance of this contract, the Contractor shall have its contract manager present at the work site and accessible to the COR at all times. At any other time (i.e. outside cargo operations), the contract manager shall be available to the COR by telephone.

4.1.6 The contract manager shall meet, as necessary, with Government personnel designated by the Contracting Officer to discuss contract performance or other problem areas or issues.

4.1.7 The contract manager shall not be removed or replaced without informing the Contracting Officer.

4.2 Ordering Services. All stevedoring services performed will be ordered under a Task Order (TO) template. The Government will provide the Contractor a copy of the TO template after contract award.

4.2.1 All services shall be identified by the COR and conveyed to an appointed Ordering Officer (OO). The OO will develop an initial commodity, man-hours, or miscellaneous cost estimate identifying all services agreed upon between the COR and the Contractor as soon as practicable and prior to the start date and time for each day S&RTS services are ordered.

4.2.2 During an operation, the COR may also verbally identify additional labor, services, or equipment needed to the Contractor when necessitated by the operation and issue a signed written request. The Contractor shall confirm with the OO all verbal orders in writing within 24 hours of completing the operation.

4.2.2.1 After each operation, the Contractor shall reconcile all services ordered with the COR and review all supporting documentation (SDDC forms MT 288, 290, log book, tally sheets, and time sheets) are completed and signed (Digital or wet signature) by both the COR and Contractor. The OO will finalize each TO with the COR, accounting for actual Contractor performance within 7 days. The OO will submit a final Amended TO to the Contractor for invoicing. The Contractor shall submit an invoice for payment to the COR for certification and submit the invoice for processing.

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 for supplier on behalf of the Government.

4.3.1 3rd Party Logistics (3PL). Reserved

4.3.2 Reimbursable 3rd Party Logistics (3PL). Reserved

4.3.3 OOP Expenses must be substantiated by the Contractor by submitting the paid vendor invoice or receipt to COR. OOP expenses will be ordered and reimbursed only for mission related services and materials identified on TO template.

4.3.4 OOP expenses do not include expenses inherent to performing stevedoring and related terminal services. OOP expenses are for the purpose of purchasing new 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 all serviceable materials and supplies from each operation for re-use in subsequent ordered operations when possible. The Contractor shall gain prior written approval before the purchase of additional materials from the CO for OOP expenses exceeding the threshold of $3,500 per individual item. Administrative fees (e.g.; delivery charges or taxes) are allowable OOP expenses are reimbursable by the Government.

4.3.5 Government owned is defined as either materials purchased by the Government for use in support of this contract or materials purchased by the Contractor for use all material purchases shall be approved as an OOP expense by the COR for Government use and for which the Contractor presents to the OO valid vendor receipts for reimbursement.

4.4 Training and Contingency Operations. Reserved

4.5 Commodity Rates. All commodity rates applicable to this contract are inclusive of all planning stevedoring activities, labor, and equipment, related or associated to discharging Government cargo from the vessel.

4.5.1 Commodity Rate Basis. The commodity rates set forth in the Schedule of Rates are based on work performed during non-overtime hours Monday through Friday.

4.6 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 (XL) and Equipment Rental Rates (EQR) rates established in the Schedule of Rates. If the COR determines it is necessary to establish additional commodity rates, the COR will advise the CO of the need for a modification for the remaining period of the contract.

4.7 TABLE 1— Cargo Handling (Commodity) Operations.

**NOTE: The Government defines the following cargo handling operations as a commodity operation, the table does not define each commodity as separate billable items.

(Example: loading a vessel will inherently include moving cargo from its place of rest and stowed aboard the vessel, to include but not limited to its lashing, inspections, documentation, checking, tally, debris removal, and clean up.

Commodity Type Cargo Handling (commodity) Operation

Loading The act of moving cargo from its final place of rest to a conveyance (vessel, truck, or rail)

Discharge The act of unloading cargo from a conveyance (vessel, truck, or railcar) to a designated final place of rest

Receipt The act of documenting cargo arriving into the port, by (truck, rail, vessel or convoy).

Disposition The act of documenting the onward movement of cargo from the port or terminal to its final destination.

Lashing and Un-lashing only The act of providing only lashing or unlashing (tie-down) of cargo aboard a vessel.

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

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

Stripping The act of discharging cargo from vessel owned assets (MAFI’s) to its final place of rest.

Cross Docking The act of transferring cargo directly from one incoming conveyance to another outgoing conveyance, with little stoppage of cargo moving onward to its final destination.

Transfer The act of moving cargo from its place of rest to another place of rest within the port or between local ports

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

4.8 Standby Time and Detention.

4.8.1 Stand-by (S/B) Time. Stand-by time is defined as work stoppage, at the Government’s discretion, for causes beyond the control of the Government or the Contractor. This includes but is not limited to breakdown of ships gear, inclement weather unanticipated or non-arrival of the vessel, non-readiness of the vessel, non-arrival of cargo, non-arrival of other conveyances (truck or rail). In all such cases, the Contractor’s time will be captured by the COR on the SDDC form MT 288 as stand-by time (S/B). The COR will determine the cause and/or instruct the Contractor to stand-by. The Contractor will be compensated for stand-by time at established extra labor base rates in the Schedule of Rates.

4.8.2 Labor Detention. Labor detention is defined as time lost due to work stoppage, or interruption of work during commodity operation in excess of 15 minutes.

4.8.2.1 When detention occurs during a commodity operation, the Contractor shall absorb each detention period of fifteen minutes or less. The Government will pay the Contractor at detention rates for labor, including checkers and equipment operators, for each detention in excess of fifteen minutes including the first fifteen minutes thereof. Unless approved by the COR, the Government will not pay detention time for equipment.

4.8.2.2 Detention time is used to compensate the Contractor for work stoppages during commodity operations. Causes of detention time, include, but are not limited to, changes in vessel, truck or rail (if applicable to the AOR), and operational plans (i.e. change to staging or stow plans). In the event that the Government changes planned work, has to halt commodity work, or alter other plans during an operation, the COR will notify the Contractor. If the work stoppage is due to the Contractor, the Contractor must notify the COR that work has stopped immediately and make an effort to continue working where work is available, to include shifting labor. The Contractor may be required to shift its labor to another location in an effort to reduce detention time. Any lost time due to the Contractor fault is at the Contractor’s expense.

4.8.3 All stand-by time, detention time, and extra labor, will be computed to the nearest 5 minute multiple, and payable to the Contractor during commodity work being performed.

4.8.3.1 The Government will not compensate the Contractor for detention for any class of labor not required for commodity operations. Nor will the Government compensate the Contractor for detention when certain classes of labor on commodity operations are dependent on other classes of labor is performing a commodity operation. For example, commodity vessel discharge is inclusive of un-lashing cargo and lifting or conveying it to the pier. Crane operator, lashers, and checkers conducting discharge work are inclusive of each other under one commodity rate;

therefore, checkers, and lashers during the process of unloading cargo may wait for crane operator to perform or complete their work. Neither party is authorized detention while the other is performing commodity work.

4.8.3.2 The Contractor shall provide to the COR documentation (time sheets or log book) justifying detention or standby time at the end of each shift wherein the detention and/or standby time 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 provide, when requested 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 will be compensated at the extra labor rates as established in the Schedule of Rates.

4.9.1 Miscellaneous services include, but are not limited to the following:

Carpentry work in excess of normal lashing, blocking & bracing Welding and burning Re-handling, removing and shifting of cargo (military or commercial) Building or dismantling of sheathing and nailed floors Providing assistance to US Government personnel for terminal services, exercise and contingency operation.

4.9.2 When performing extra labor services, the Contractor shall furnish all gear and necessary equipment (operator included) required to perform the requested service. Labor and Equipment rental rates as established in the Schedule of Rates will apply.

4.9.3 Overtime is defined as the hours worked past normal work day hours. Example, if the normal work day is established from 0800 - 1700 hours, Monday through Friday, and operational requirements dictates that labor work past the normal work day hours, those hours worked after the normal work day may include overtime wages. Overtime may also include working through meal hours, weekends and holidays. Overtime compensation shall be the calculated time worked past the normal work day.

4.9.4 Ordered Overtime. The Contractor shall, when ordered by the OO and directed by the COR, supply labor for requested overtime work (include weekends and holidays). Compensation for overtime work will include the regular hourly rate in addition to the overtime differential rate as established in the Schedule of Rates. Overtime pay will be rounded to the nearest 5 minute increment and compensated in addition to commodity rates or extra labor rates when worked.

4.10 Shift Differentials. When work is performed after normal working hours, the Contractor’s labor will be compensated in accordance with the applicable shift differential rates as established in the Schedule of Rates. Differentials rates will be added to base hourly labor rates as set forth in the Schedule of Rates. Differential pay is calculated as time over normal working day hours.

4.11 Start Time. The Government will discuss vessel or terminal work at each planning meeting, where an established work day start time shall be established. Start times that start at later than normal working hours will include established differential rates, and will not include overtime until a full normal work day hours are met.

4.11.1 The Contractor shall obtain COR written pre-approval to work in all conditions specified in paragraphs (sections 4.8 thru 0 above).

4.11.2 Equipment Rental Rates. Reserved

4.12 Inland Transportation Rates. Reserved

4.13 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. Breakout will include the description of service, total quantities of labor by class, hours worked to the nearest 5 minute interval, and significant events of the day.

4.14 Timekeeping. The Contractor shall maintain timesheets, with 100% accuracy, for all contractual services furnished by their own or subcontracted operations. The timesheet shall include at a minimum the following information:

Date and time of operation Work 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 (detention, standby time)

Timesheets will be verified by the COR. Compensation for services defined in this paragraph are included in all commodity rates as established in the Schedule of Rates.

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

4.14.1.1 Daily port work accomplishment plan; based upon vessel discharge, load, and 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.

4.14.1.2 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 or records are required for any commitments made between the Government and the Contractor.

4.15.1.3 Monthly COR and Contractor Meetings. The Contractor and COR will meet monthly to discuss reports of contractual problems, actual or anticipated, as identified with a monthly written report reflecting unresolved conditions or negative reports, if appropriate.

Written reports or records (meeting minutes) are required for any commitments made between the Government and the Contractor.

4.16 Request for Information. When requests for information are made from the Contractor, the Contractor shall provide to the Government cargo management information generated as a result of this PWS and shall respond to specific inquiries. The Contractor shall answer inquiries regarding the status of work, cargo, or labor within four (4) hours or less. The Contractor shall immediately notify the COR of its inability to perform any task or function IAW this PWS.

Compensation for services defined in this paragraph are included in the commodity rates as established in the Schedule of Rates.

4.17 Transition of Contract Services. Reserved

4.17.3 Inventory of GFE. Reserved

4.17.4 Schedules and Task Orders. Reserved

4.18 Order of Precedence. The Contractor shall be bound to accomplish all tasks and referenced regulations identified in the PWS. In the event of a conflict between the PWS and references set forth therein, the PWS shall prevail unless the reference mandates priority. In the event there is a conflict between or among two or more such references, the references coded mandatory shall prevail over the references coded advisory. In the event there is a conflict between or among the references coded the same, the referenced issued by a higher authority shall control over the references issued by a lower authority. In the event there is a conflict between or among references issued at the same level of authority, the references with a later date of issue shall control over the references with earlier dates of issue.

4.19 Performance Requirements – Quality Assurance (QA)

4.19.1 Contractor Performance Requirements. The Contractor’s performance shall be measured against the critical performance objectives listed in Contractor Performance Requirements Summary (PRS).

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

Performance Objective – A statement of the outcome or results Performance Measures – The critical characteristics of the objective that will be monitored by the Government

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

4.19.3 Use of Performance Measures and Standards. Not every performance objective in this contract has a related performance measure or performance standard. However, every performance objective is a contractual requirement. For those performance objectives that do not specify a measure or standard, the measures and standards are in accordance with standard commercial practices.

4.19.4 Quality Assurance. The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. Contractor shall not limit or hinder the Government’s access to places (to include services performed by sub-contractors) where services are being performed. At its discretion, the Government may or may not notify the Contractor in advance of inspection or test.

4.19.5 Government Observations. Government personnel, other than the CO, COR or Quality Assurance Evaluators (QAE), may from time-to-time observe the Contractor’s operations.

However, these persons may not interfere with Contractor performance.

4.19.6 Contracting Officer’s Representative (COR) is the authorized government representative(s) who will perform assessments of the Contractor’s performance. Subsequent to contract award, the Government will promptly furnish the identity of the COR, with a letter defining their duties and authority to the successful bidder/offeror.

4.19.7 The COR(s) will inform the contract manager in person when discrepancies occur and will request corrective action. The COR(s) will make a notation of the discrepancy on their surveillance checklist with the date and time the discrepancy was noted and request the contract manager (or authorized representative) to initial the entry on the checklist.

4.19.8 Any matter concerning a change to the scope, prices, terms or conditions of this contract shall be referred to the CO and not to the COR(s).

4.19.9 Contracting Officer or authorized representative(s) can surveil services performed by the Contractor during the period of this contract for review at all times and places.

4.20 Quality Control Inspection Plan (QCIP). Within 10 days of contract award, the Contractor shall establish a QCIP which shall emphasize quality control over all contract requirements. The QCIP shall contain a Quality Control Inspection Checklist (QCIC) which, at a minimum, shall contain all elements of the Performance Requirements Summary (PRS).

4.20.1 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.

4.20.2 Quality Control Inspection Checklists (QCIC). The Contractor shall submit the QCIC to the COR upon completion of every vessel operations mission. Compensation for services defined in this paragraph are included in the commodity rates as established in the Schedule of Rates.

4.20.3 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 CO’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.

4.21 Performance Requirements. 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.

4.22 Performance Evaluation Meetings. The contract manager shall be required to meet at least weekly with the COR and/or the Contracting Officer during the first month of the contract.

Meetings will be held as often as necessary thereafter as determined by the COR. However, upon Contractor request, a meeting will be held whenever a contract discrepancy report is issued. The written minutes of these meetings shall be signed by the contract manager, Contracting Officer, and COR. Should the Contractor not concur with the minutes, the Contractor shall so state any areas of non-concurrence in writing to the Contracting Officer with copy to the COR within 10 calendar days of receipt of the signed minutes.

4.23 Contractor Performance Assessment Reporting System (CPARS).