QA_PNW_S&RTS.pdf

Questions and Answers

1. 1.2.1: Space at each Port Authority must be arranged directly by the 833rd for each respective port in the PNW. Terminal services will only be provided if either the Port Authority or the Government requests these services. All terminal handling services will be billed at Extra Man hour Rates to the ordering party.

A. The Government has specific requirements due to manning, time and amount of cargo that will be handled through our designated strategic ports, it is imperative that our contractors provide rates for all services requested in the PWS.

2. 3.1.1: Please further define the scope of liability as referenced in this section.

Safety is the highest concern to the Government, it is the Government’s responsibility to make sure safety protocols are followed to ensure all personnel, including contracted contractors operate safety. The Commander will perform risk assessments for every operation, based on the operation being performed, type and size of the cargo being handled. Additionally, the COR or their representatives will observe the work being done. The Commander has the right to stop any operation and hold the contractor responsible for correcting any unsafe act/s or situationIf any delays are encountered due to the stoppage, the Government may hold the Contractor responsible.

3. 3.1.2: Per collective bargaining agreement, Foreman must give direction and briefings to the laborers. Government safety briefing information would have to flow from the government to the contractor. The contractor will direct the Foreman to provide the necessary safety information. 833rd representatives are welcome to be present, but the aforementioned protocol must remain per our Collective Bargaining Agreement with the

ILWU.

A. Paragraph 3.6 stipulates that the Contractor hold safety briefing for their employees before each operations and at shift changes, it also stipulate that The Contractor shall conduct safety briefings with the presence of a SDDC Government representative, further paragraph 3.1.2 states that the Government may conduct additional safety briefings when necessary, directed by the local Commander’s guidance.

4. 3.3: Contractor does not dictate local ILWU “longshoremen” dispatching rules.

Dispatch practices are negotiated through the PMA / ILWU collective bargaining agreements. Longshore work periods / required break periods are dictated by our collective bargaining agreement with the ILWU. How do we address the “fresh labor” requirement if, contractually, labor is allowed to double out?

A. The requirement is based on the recognition of previous instances of accidents and injuries to personnel occurring after long periods of work. The unit commander, through the COR will conduct risk assessments and make the decision whether or not contracted labor may work beyond the requirement in the PWS.

5. 3.4 – 3.4.5.2: The primary responsible party for ERP / Hazmat cleanup is the Port

Authority in each of the respective areas covered in this RFP. The Port Authority retains control and jurisdictional responsibility over public port land.

A. The Contractor shall provide a comprehensive safety and security “Emergency Response

Plan (ERP)”. The plan will clearly outline procedures for emergency HAZMAT cleanup, or 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. The ERP should also include notification to the port authority.

6. 3.5 Does the training of participating labor refer to Contractor employees, ILWU labor or both? It would be designated operators of the equipment, weather it’s the Contractor or local labor. Will training occur on-site? Yes, the training will be in a designated area at the Port.

7. 3.5: The Pacific Maritime Association (PMA) is the primary agency responsible for longshore training. Training programs must be facilitated and negotiated between the ILWU / PMA. Labor registration and availability is negotiated between the ILWU/PMA.

The contractor is not responsible for approving registration in each of the Port location, therefore, we cannot guarantee labor availability. The PMA has established the practice of paid training for longshore. Budgeting for training is agreed and approved at the PMA Coast Sub Steering Committee level. PMA may absorb the expense of the required training if its membership agrees. Training would have to be negotiated on a case by case basis between the ILWU / PMA.

A. Per army regulation 600-55 chapter 2 2-1b DOD contractor employees assigned to operate Government-owned or Government-leased equipment in the performance of their contract will be in compliance with the licensing requirements of the State and local motor vehicle laws and certified, by the contractor and at the contractor’s expense, as being fully qualified to operate the equipment which they are assigned.

B. The prime contractor must document all operator qualifications and provide this documentation commercial drivers’ license (CDL) if required for operating equipment to the administrative contracting officer prior to the contract employee engaging in equipment operation.

C. No exceptions to this regulation will be made in the case of persons who regularly operate vehicles or equipment in connection with other work or incident to other duties.

8. 3.5.1 Does the training of participating labor refer to Contractor employees, ILWU labor or both? Will training occur on-site? (Yes) Under the current PWS (HTC711-14-R- R003), Section 3.1.1 states that Contractor shall be compensated at man-hour rates.

However, the new PWS (HTC711-19-R-R012) states that the training is at Contractor’s expense. Is this change is in responsibility intended?

A) See paragraph 3.5 of the PWS, Training for specialized operation of Government equipment. The Government will make available and the Contractor shall attend training (AR 600-55 section 6-5 a1, a, b, c, d, e, and f) 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 sufficient pools of vehicle operators are available to operate Government vehicles within confines of the port (29 CFR 1917) as required. Specialized 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 Contractors Labor shall participate at the Contractors expense.

9. 3.5.2: During the dispatching process, hazmat endorsement may be requested but cannot guarantee labor availability at the time of dispatch.

A. The Government complies with regulatory requirements and laws set forth by state and federal agencies, reserve the right to require the contractor acting on the behalf of the Government responsible to ensure compliance.

10. 3.5.3: Training, work rules, longshore direction, disciplinary measures, etc are all dictated by the collective bargaining agreement between the ILWU/ PMA.

A. The Government complies with regulatory requirements and laws set forth by state and federal agencies, reserve the right to require the contractor acting on the behalf of the Government responsible to ensure compliance.

11. 3.5.4.1: It is difficult to comply with this section due to participation in the collective bargaining agreement between the ILWU/PMA.

A. Section 3.5.4.1 is a Government safety requirement.

12. 3.8.2.1: The Pacific Maritime Associated maintains and is responsible for records related to longshore training and qualifications. We can assist with accessing any records related to longshore training and provide such records upon request.

A. Section 3.8.2.1 is a Government safety requirement.

13. 4.1.1: Do business licenses for all locations need to be obtained prior to submitting proposal?

A. This is required in the RFP documentation section, with the proposal submission.

14. 4.1.7: Employer will endeavor to comply. We reserve the right to make management decisions regarding our employees.

A. The government concurs however, wants to know when or if a designated contract manger is replaced, out sick or otherwise not on the job, the Government wants designated managers with decision making authorization.

15. 4.18 The first sentence should state, “When request for information is made from the

Government.”

A. The request is made from the Government to the Contractor.

16. 4.2.1: Terminal services and terminal operations falls under the Port Authority responsibility. The Port Authorities maintain control and jurisdiction over terminal handling or R and D responsibilities.

A. Please refer to section 1.2 scope of work for this contract. The government requires full spectrum services of Stevedoring and Related Terminal Services (S&RTS).

17. 4.4: If the US Military Government wants to work outside this agreement with no involvement of the contractor, the government will perform their operations without any support from the contractor. Contractor under the collective bargaining agreement is unable to perform “double breasted” operations (i.e. operations that utilize non-ILWU labor or a combination of ILWU labor and Non-ILWU labor). Contractor is only permitted to use exclusively ILWU labor for operations.

A. 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 of any vessel or related terminal operations.

18. 4.4.2: Response as stated above in question 17.

A. 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 other designated support labor and equipment for all other stevedore related work (example: lashing, unlashing, or towing cargo) associated to that military operated cargo.

19. 4.8.2.1: The “ghosting” of longshoring jobs is not a practice that is supported by the collective bargaining agreement. There may be specific and limited instances (not specified in the CBA) where ghosting of a single longshoring job is done but it is not a practice allowed by the CBA. Ghosting of labor is not a means of utilizing outside (non- ILWU) labor to perform ILWU jurisdiction work.

A. The Government acknowledges that the CBA does not use the term Ghost or shadow labor, and the Contractor will request labor according to the local CBA.

B. The Government will ordered labor based on the task order template, the Contractor shall provide single or multiple classes of labor at the COR/OO discretion for support of military operation.

20. 4.9.1: All longshoring work provided by contractor shall be performed by ILWU labor.

A. The Government acknowledges the use of local labor. The Contractor shall, when requested by the COR, supply extra labor for miscellaneous services within the scope and intent of this contract.

21. 4.10.1: Contractor must comply with the hours set forth in the ILWU/PMA collective bargaining agreement.

A. The Government acknowledges the use of CBA. The contractor shall, when directed by the COR/OO, supply labor for requested overtime work (include weekends and holidays).

22. 4.12.1: Where practical, written preapproval for work will be requested. However, in practice if written preapproval is required, failure to obtain, may cause delays in vessel operations (i.e. inability to order labor due to lack of written preapproval).

A. This refers to extra labor 4.9 and overtime 4.10, the contractor shall get pre-approval from the COR/OO. Extra labor maybe requested verbally from the COR during any operation section 4.2.2

23. 4.13: 3rd party equipment rental must be invoiced as an expense re imbursement basis.

The CBA, doesn’t include crane operator expense.

A. In the event that the Government requires the Contractor to supply crane service, the Government requires an all-inclusive rental rate for crane equipment rental listed under the SOR, the cost is inclusive of the crane operator, fuel, lubricants, slings, rigging, and accessories, and any mobilization and demobilization costs.

24. 4.14: Stevedoring contractors have no involvement in Inland Transportation rates and view this section as non-applicable.

A. All inland transportation rates, if “applicable” to this contract, are inclusive of vehicle, drivers, co-drivers, fuel, lubricants, lashing, unlashing, loading, unloading, tarping materials, time, and distance.

25. 4.16: Contractors must comply with the longshore hours set forth in the PMA/ILWU collective bargaining agreement. There is no provision for continuous operations, and this would need to be negotiated between the PMA / ILWU on a case by case basis.

A. See Section 4.1.5, 5.1, 5.1.2, and 6.4.1.3 in the PWS

26. 4.18: Contractor will endeavor to provide answers to requests within 4 hours, but circumstances may prevent the contractor from complying.

A. The Government understands some circumstance that may cause or prevent timely responses in a timely manner, however the requirement for the Contractor to provide the requested information within 4 hours or less is the requirement.

27. 4.26.4: Failure to perform reporting and documentation services.

A. This is the mechanism the Government has put in place to recover cost incurred by contractor negligence in completing documentation correctly.

28. 4.27: If the US Military Government wants to work outside this agreement with no support from the contractor. Contractor under the collective bargaining agreement is unable to perform “double breasted” operations (i.e. operations that utilize non-ILWU labor or a combination of ILWU labor and Non-ILWU labor). Contractor is only

A. Answered in question 17 above.

29. 4.27.1: Contractors only provide labor per the collective bargaining agreement.

A. Answered in question 19, 20 and 21 above.

30. 5.1: Space at each Port Authority must be arranged directly by the 833rd for each

A. The Government has specific requirements due to manning, time, space and amount of cargo that will be handled through our designated strategic ports. It is imperative that our contractors provide all rates on all services requested in the PWS.

31. 5.1.3: Contractor shall endeavor to provide as stated in the contract herein. Limitations of the collective bargaining agreement of labor availability may occur.

A. The Government acknowledges the use of local CBA.

32. 5.5.1: Contractors must comply with the longshore hours set forth in the PMA/ILWU

A. See Section 4.1.5, 5.1, 5.1.2, and 6.4.1.3 in the PWS

33. 5.8.1 – 5.8.8: Space at each Port Authority must be arranged directly by the 833rd for each respective port in the PNW. Terminal services will only be provided if either the Port Authority or the Government requests these services. All terminal handling services will be billed at Extra Man hour Rates to the ordering party.

34. 5.8.7 The receiving and delivery functions for the ports listed in the PWS is performed by their respective Port Authorities. As the contractor, we can only provide rates for the functions to/from the point of rest from/to vessel. Is it acceptable for the RFP process?

A. The requirement is to provide all rates for all schedule for all services at all listed ports.

35. 5.10 Would services performed sporadically be included as part of the commodity rates, or billed using Man-hour rates, when service is needed/requested? As an example, tarping of cargo is only performed when requested.

A. The scope of work is outlined in PWS if the task being performed is not handling a commodity, it will be billed accordingly

36. 5.10.1: Contractors do not control the vessel nominated, therefore cannot be responsible for downtime associated with hatch cover movements.

A. Opening and closing vessels is inclusive of commodity. Schedule 1A1/1A2 defines how these items are to be billed.

37. 5.10.2: Space at each Port Authority must be arranged directly by the 833rd for each

38. 5.10.3: Other inland load / transfer should be charged at extra labor rates. Contractors do not control the type of trucks/railcars, delivery, receipt etc. Therefore, may not be able to include these as part of a commodity rate and may be charged at Extra Labor rates for the requested work.

A. Not relevant to 5.10.3

39. 5.10.5: Contractors do not control the condition of the vessel prior to the commencement of the operation.

A. The Government acknowledges that the Contractor cannot control the conditions, please refer to 5.10.12 of the PWS.

B. However 5.10.5 of the PWS relates to vessel loading, and requirements the Government expects its contractors to provide.

40. 5.10.6: Contractors do not control the vessel nominated, therefore cannot be responsible for downtime associated with hatch cover movements.

A. Opening and closing vessels is inclusive of commodity Schedule 1A1/1A2 defines how these items are to be billed.

B. The Government acknowledges that the Contractor cannot control the conditions, please refer to 5.10.12 of the PWS.

41. 5.10.9: Contractor do not control the amount of material / dunnage etc on the vessel.

Therefore, time associated with the removal of materials cannot be included in the commodity rates.

A. Removal of Materials from vessels standard commercial practice and is inclusive of commodity Schedule 1A1/1A2 defines how these items are to be billed.

42. 5.10.10: Contractors do not control the storage of unused materials on the vessel.

Therefore, time associated with storage of unused materials cannot be included in the commodity rates.

A. The Governments requirement that the Contractor replace tie down materials on the vessels is inclusive of commodity. Schedule 1A1/1A2 defines how these items are to be billed.

43. 5.10.13: Productivity is impacted by numerous factors. Ultimate productivity per operation shall not impact the agreed rates and charges as established herein.

A. Refer to 5.10.12. The Contractor will not be held accountable for delays in vessel operations resulting from circumstances not within the control or responsibility of the Contractor. Factors known to affect productivity may include inclement weather, Government augmentation, vessel condition, or cargo condition. (Not an all-inclusive list).

B. The table contains minimum estimated values for available load space, average cargo loaded/discharge. Timelines/pcs per hour for completion for loading or discharging each vessel type. Loading or discharge hours may or may not be continuous.

44. 5.11: Space at each Port Authority must be arranged directly by the 833rd for each cargo that will be handled through our designated strategic ports, it is imperative that our

45. 5.12: Space at each Port Authority must be arranged directly by the 833rd for each cargo that will be handled through our designated strategic ports, it is imperative that our

46. 5.13: Contractors should only be responsible for sole negligence in loading the wrong cargo. Contractor is not responsible for loading cargo in the conveyance, therefore, cannot be liable for mis shipped cargo as referenced in this section.

A. Mis-shipped cargo is defined as the wrong cargo loaded on the correct conveyance for the correct destination. The Contractor shall be responsible for reimbursing the Government for all costs associated with moving the cargo in question to the proper final destination.

This includes line haul charges, as well as any charges associated with loading and discharging the cargo.

B. See section 5.12 of the PWS. The Contractor shall tally, document, and inspect cargo documentation for discrepancies, and load and secure the cargo on each conveyance.

47. 5.14: If the US Military Government wants to work outside this agreement with no support from the contractor. Contractors under the collective bargaining agreement is unable to perform “double breasted” operations (i.e. operations that utilize non-ILWU labor or a combination of ILWU labor and Non-ILWU labor). Contractors are only

A. Answered in question 17 above.

48. 5.16.2.1 Checkers confirming dimensional data of Secondary Loads be compensated per man-hour rates. Do you agree?

A. No. Confirming/recording dimensional data is standard practice and required for checking and tallying all cargo.

49. 5.17-5.17.1: Space at each Port Authority must be arranged directly by the 833rd for contractors provide rates on all services requested in the PWS.

50. 5.18: Cargo delays, not the fault of the contractor shall be billable as standby rates established herein.

A. Section 5.18 of the PWS addresses, Final place of rest. Final place of rest (Point of rest, Place of rest) is defined as the designated resting or staged location the Government designates for onward movement of cargo for vessel load or disposition (port clearance).

Stoppage of cargo flow to and from the final place of rest is considered for convenience to the Contractor, and shall be at no cost to the Government.

B. Please refer to section 4.8 thru 4.8.3.6

51. 5.19: The 7-day period should start from when the contractor receives necessary documentation (final cargo information) from the government.

A. The Governments goal is to pay the Contractor within 30 days of the completion of each vessel or Doc-week, The COR and Contractor shall conduct a reconciliation and validation of the cargo loaded or discharged with within seven (7) days of completing each operation.

52. 5.20 – 5.23: Space at each Port Authority must be arranged directly by the 833rd for each

A. Section 5.20 relates to the transfer of cargo.

B. Section 5.21 relates to stuffing and unstuffing containers.

C. Section 5.22 relates to Pallets.

D. Section 5.23 relates to weighing containers, as a requirement for SOLAS.

The Government has specific requirements due to manning, time, space and amount of cargo that will be handled through our designated strategic ports. It is imperative that our contractors provide commodity rates on all services requested in the PWS.

53. 5.27.1: Contractors do not control frustrated cargo. Labor associated with frustrated cargo should be billed at extra Labor rates or standby billable to the Government.

A. The Government acknowledges that when cargo arrives at the port that documentation, and labeling discrepancies, damage, leaking POL’s or hazardous substances, missing or damaged door seals, or missing placards may be discovered cargo is considered frustrated and segregation of this cargo is essential in order to maintain pace. Frustrating cargo will be inclusive of all commodity rates, in also section 4.5

54. 5.28.2: Movement of heavy tow equipment to ports chosen by the government should be billed as expense reimbursement to the government.

A. The Government will not pay to move contractors equipment, please refer to section 6.1.2, 6.5.3.5

55. 5.28.2 What is considered “heavy tow equipment” and can a list of examples be provided?

A. Heavy Tow recovery vehicle capable of towing inoperable vehicles weighing up to 150,000 lbs. of dead weight. Examples are … Air craft tugs or heavy yard hustlers

56. 5.29: Can this be billed as extra labor?

A. No, The Contact maintenance team and equipment will be inclusive of commodity operations for all commodity moves.

57. 5.29.2: Can Maintenance vehicles be excluded in the commodity rate?

58. 5.29.2.1: Can Maintenance vehicles be excluded in the commodity rate?

59. 5.30 – 5.30.1: Contractors are governed by OSHA and the collective bargaining agreement between PMA/ILWU.

A. All tested equipment shall be tagged, certifying it meets the required industry and DOD standards IAW TB 43-0241.

60. 5.32.1: Space at each Port Authority must be arranged directly by the 833rd for each

61. 5.34.1-5.35: Contractor does not agree to the rental conditions as stipulated in this RFP.

62. Section 6: Space at each Port Authority must be arranged directly by the 833rd for each

63. 6.3.2.1: The contractor does not issue “bump caps”. Contractor utilizes hard hats.

A. Per section 3 of the PWS, The Contractor shall ensure all employees lashing or securing equipment or cargo will use proper PPE during all military operation.

64. 6.4.1: Contractors must comply with the longshore hours set forth in the PMA/ILWU

A. See Section 4.1.5, 5.1, 5.1.2, and 6.4.1.3 in the PWS.

65. 6.4.1.2: Contractors cannot control travel associated with the labor force. Therefore, we cannot accept this stipulation.

A. The Contractor shall move all labor, material and MHE into place prior to all start time for each mission.

66. 6.4.7: Cost Data is in line with a terminal operation as opposed to a stevedoring operation. Our expenses are mission based and not ongoing as related to terminal operations.

A. Referenced paragraph not applicable. 6.4.7 Shift Work Plan. The Contractor shall prepare a written cargo discharging and or loading plan to include but not limited to:

TCN, priority, sensitivity, classification, hazardous designation, class, item marked, piece, type, weight, cube, and stow locations for each shift.

B. 4.17.2 Cost Data. The Contractor shall segregate and accumulate cost data relating to this contract for each type of operation (examples: loading and discharging vessels, trucks, and Rail, stuffing, unstuffing and stripping containers, flat racks, extra labor, detention, and equipment usage). The Contractor shall report this data monthly to the COR, Compensation for services defined in this paragraph are included in the commodity rates established in the SOR.

67. 6.5.3.5 Transportation of Government provided equipment will be expensed as OOP. Do you agree?

A. No. If contractor requires the usage of government owned equipment on a particular work site contractor will not charge government for transporting items to and from the work sites. Example would be rail spanners or mobile vehicle ramps if contractor does not own these items, the Government will hand receipt these items to contractor for limited usage on the work site. At which time the contractor would be responsible to transport to and from job site.

68. 6.5.4 Set up of government equipment and materials will be expensed as OOP? Do you agree?

A. As stated above the Contractor is required transport all government furnished equipment to be used on a work site. The set-up (if required) will be at contractor’s expense

69. 6.5.5 – 6.5.8: Space at each Port Authority must be arranged directly by the 833rd for

70. 6.6.5 What commodity rate is planning this covered in?

A. Planning is part of all commodity operations, following sections 5.1.3 Pg. 24, 5.6.1 pg.

25, 5.8.1 pg. 25, 6.4.1 pg. 44 and 6.6.4 pg. 50 subject’s port coordination.

71. 6.6 – 6.6.7: Contractors can not supply these services and these sections do not apply.

These items would fall under the Port Authority Tariff.

A. 6.6.1 - 6.6.1.7 Removed. Remaining sections, Government requests rates for all services listed in the PWS

72. 6.6.7- 6.7: Contractors can not supply these services and these sections do not apply.

These items would fall under the Port Authority Tariff.

73. SOR: The schedule is password protected and does not allow for the description to be edited or the removal of the quantity for the miscellaneous section where services may not be able to be provided. Please provide the password or updated SOR allowing for these items to be updated.

A. Schedule is password protected on purpose, there is no reason for a description to be changed.

74. SOR: Do you have the dimensions and description for each type of unit for each commodity for each location in RFP, as having the individual dimensions would greatly aid in a proper proposal?

A. No.