Attachment 1 - PWS.pdf

Attachment 1 HTC711-20-Q-R007

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES (S&RTS)

PORTS OF TALLINN, MUUGA HARBOUR, AND PALDISKI, ESTONIA

Stevedoring & Related Terminal Services

Performance Work Statement (PWS)

For

Military Operations Terminal

Ports of Tallinn, Muuga Harbour, and Paldiski, Estonia

838th Transportation Battalion

AFRICOM Rhine Detachment

Germersheim, Germany

27 January 2020

TABLE OF CONTENTS

Section Topic Page

1.0. BACKGROUND & SCOPE

2.0. SECURITY

3.0. SAFETY

4.0. CONTRACT ADMINISTRATION

5.0. CONTRACTOR GENERAL REQUIREMENTS

6.0. PORT/TERMINAL SPECIFIC REQUIREMENTS

Appendix A Applicable Documents ……………………………………………………...50

Appendix B Glossary of Terms …………………………………………………………..55

Appendix C List of Acronyms & Abbreviations …………………………………………76

Appendix D Payment Information ………………………………………………………..81

Invoice Certification Process

Invoice Documents

Substantiating Documents

Frequency of Invoice File Submission

1.0. BACKGROUND & SCOPE

1.1 Background

Military Surface Deployment and Distribution Command (SDDC), headquartered at Scott AFB, IL, is a major U.S. Army Command and a vital component of the U.S. Transportation Command

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

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

Stevedoring and Related Terminal Services (S&RTS) and management services for the Ports of

Tallinn, Muuga Harbour, and Paldiski, Estonia in connection with the receipt, disposition, processing, and loading/discharging of cargo via all conveyances as designated by the

Contracting Officer (CO) or Contracting Officer’s Representative (COR). SDDC requires sufficient qualified labor, gear, equipment, and materials to satisfy the scope of this contract in accordance with (IAW) the PWS. SDDC expects every effort to rectify any shortfall will be provided. The level of effort for this acquisition, IAW the PWS, shall be invoiced at the applicable commodity or man-hour rates as designated in the Schedule of Rates (SOR). All required approvals IAW the PWS are required from the CO or COR and any work performed without authorization, shall be at the contractor’s expense.

1.2.1 Calling for Service. The contractor shall provide specific services to be performed under task orders issued IAW the PWS and SOR identified by the Ordering Officer (OO) on the ordering form. The OO will provide the contractor an order estimate identifying the services required as soon as practicable, prior to mission start. The COR/ACOR may also identify services verbally when necessitated by the operation. The contractor shall confirm verbal orders in writing with the OO within 24 hours of notification. The OO will finalize the order, accounting for actual performance within 30 days following completion of performance. The

Contractor shall submit a Final invoice for payment upon notice that the Final order is complete.

1.2.2 Training and Contingency Operations. The Government reserves the right to conduct training and contingency operations for Department of Defense (DoD) personnel during a scheduled or contingency load or discharge for any vessel operation and related terminal operations. During these scheduled training or contingency operations, the Government may utilize military personnel for loading and discharging vessels, and conducting routine terminal/port operations. The COR will inform the Contractor when such training or contingency operation is scheduled as soon as it is known, but NLT 48 hours prior to training, contingency, or special operation mission. During these training/special operation events, the

Contractor shall provide, when ordered by the OO, sufficient qualified labor to support 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 SOR. The Government reserves the right to bring in 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 used to work the entire vessel, the contractor shall be compensated by invoicing for 25 percent less. When labor is requested by the COR and only used to lash and unlash cargo, the contractor shall be compensated at man-hour rates established in the Schedule of Rates (SOR).

1.2.3 Personnel Identification

1.2.3.1 The Contractor shall furnish an identification badge, which shall include at a minimum, the employee name and the name of the Contractor. Each employee shall wear the badge chest high and such badge must be visible at all times.

1.2.3.2 Government Notification-If the Government notifies the Contractor that the employment or the continued employment of any Contractor employee is prejudicial to the interests or endangers the security of the United States of America, the Contractor shall make any changes necessary in the appointment(s).

1.2.4 Ground Rules and Constraints

1.2.4.1 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.

1.2.4.2 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 SECURITY

2.1 The overall classification of work associated with this contract is at the UNCLASSIFIED level. Personnel assigned to this contract will not require access to Non-Secure Internet Protocol

Router Network (NIPRNET) applications or UNCLASSIFIED government systems and therefore will not be authorized to obtain a Common Access Card (CAC) or Alternative Smart

Card Logon (ASCL) tokens.

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

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

Access Control processing requirements.

2.1.3 Upon termination or completion of this contract, the contractor employee shall surrender all Government supplies, materials, and equipment to the COR. In addition, any security badges issued shall be turned in to the COR. This will be accomplished on the last day of the contract or upon any termination/reassignment of a contract employee.

2.1.4 If the Government notifies the contractor that the employment or the continued employment of any contractor employee is prejudicial to the interests or endangers the security of the United States of America, that person shall be removed and barred from the worksite.

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

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

2.1.6 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 Cyber Security

2.2.1 The services provided within the scope of this contract are considered "operationally critical support" as defined in DFARS 252.204-7012, "Safeguarding Covered Defense

Information and Cyber Incident Reporting.

2.3 Personnel Screening

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

2.3.2 The Contractor shall maintain an accurate and current employee roster for all employees performing services under this contract. Contractor shall report any roster changes to the COR within 24-hours of occurrence or prior to adding a new employee the roster for this contract.

Notifications for new employees will include but are not limited to all documentation/certification of training required by host nation law; and operating or handling contractor and Government furnished equipment.

2.3.3 List of Contractor Personnel. Prior to commencing contract performance, the Contractor shall provide a list of names of all employees and sub-contractors who will work under this contract to the COR. The Contractor shall keep this list accurate and report changes within 48 hours of occurrence or prior to a new employee performing services under this contract. This list shall contain names and addresses, a copy of identification documents or driver’s license, and a copy of employment card or equivalent for each employee.

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

2.3.5 Once the screening process is complete for an applicant, the screening cell will forward the packet with recommendation concerning that applicant’s suitability for access. Any derogatory information may result in the applicant’s access being denied or terminated.

Applicants who have been denied access due to derogatory information may file an appeal to the

Contracting Officer for review.

2.3.5.1 Contractor shall submit the following personnel information to the COR/ACOR:

a.

b.

c.

d.

e.

f.

g.

h.

i.

Full name

Social Security Number (if applicable)

Position Title

Citizenship

Date of Birth

Place of Birth

Passport Number

Passport Date Issued

Passport Date of Expiration j.

k.

l.

m.

n.

o.

p.

q.

Place Passport Issued

Security Clearance (if applicable)

Organization and Station

Work Telephone Number

Departure Date

Period of Duty

Complete Itinerary within Country

Emergency Point of Contact Name and Phone

Number

2.3.5.2. Contractor shall not employ any person under this contract who is simultaneously an employee of the United States Government.

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

2.4 Cargo

2.4.1 The Contractor shall, at no additional cost to the U.S. Government, ensure that all

Government property in possession or custody of the Contractor is at all times properly secured and safeguarded. At a minimum, the Contractor shall provide security for all vessels, aircrafts, trucks/trailers, vans, etc. remaining overnight or not released to the carrier until commencement of work the following day.

2.5 Vehicle Identification

2.5.1 The Contractor shall obtain installation/port access clearance for any vehicle used in performance of this contract. A comprehensive list of vehicles shall be submitted immediately upon award to the COR in order to obtain access clearance. The list shall identify vehicle type, license plate and owner/company name. The vehicle list should contain a reasonable amount of vehicles, not more than double of the amount of vehicles necessary to successfully accomplish the mission. POVs shall not be authorized entry unless identified as official vehicles critical to the success of the mission. When submission of a new vehicle is necessary it shall always be in substitution of an already cleared one. Only substitutions are accepted in order to maintain a reasonable amount of cleared vehicles that are authorized entry.

2.6 Information

2.6.1 All information furnished to the Contractor shall be used FOR OFFICIAL USE ONLY

(FOUO). The Contractor shall be aware of Operational Security (OPSEC) requirements from

SDDC. Information determined as FOUO or included as part of the OPSEC Critical Information

List (CIL) is not to be released to the public.

2.7 Contractor Access

2.7.1 The Contractor shall provide personnel information, required documentation, passports, photos etc. in order to secure access for contractor employees at the Port of Tallinn, Muuga

Harbour, and Paldiski, Estonia as deemed necessary by host nation laws and the COR. Required documentation shall be submitted to appropriate host nation security badging office to process the paperwork and receive the badge. In addition, contractor employees will be required to undergo background investigations and security checks as determined necessary by host nation officials for locations not under US Government control. Any cost incurred toward acquiring badging will be at the Contractor expense. The Contractor shall ensure that all employees display the badge at all times and otherwise adhere to all security requirements during operations.

2.8 Security Requirements

2.8.1 The Contractor shall meet all Security requirements IAW host nation laws and US

Government requirements for the Ports of Tallinn, Muuga Harbour, and Paldiski, Estonia as described in the PWS. Personnel directly hired by the Contractor shall comply with all background investigations required by host nation laws and the governing Port Authority of the

Ports of Tallinn, Muuga Harbour, and Paldiski, Estonia.

2.9 Physical Security.

2.9.1 Access to Premises. The Contractor and subcontractor(s) shall allow Government

Personnel access to their premises at the site of operation for the purpose of accomplishing tasks in relation to work performed or to be performed under the terms and conditions of this contract.

Contractor and subcontractor personnel that are not pre-cleared, therefore not listed at the primary entrance, shall be denied entry and the Government shall not be considered liable for any costs associated to those personnel.

2.10 Personnel

2.10.1 Personnel Compliance

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

2.10.2 The Contractor shall ensure compliance with the host nation labor laws.

2.10.3 2.10.3 Training and Certification. The Contractor shall provide to the COR all employees training and certificates required by host nation law and applicable industry regulations for operating and handling contractor furnished equipment and Government vehicles, prior to contract performance.

2.10.4 Empty International Standard Organization (ISO) Containers, trailers, concertina wires, concrete barriers for Force Protection (FP)

As ordered by the OO, the Contractor shall provide, install and remove requested amount of FP barriers, to surround the staging area to protect cargo. Contractor shall provide empty containers

20/40 ft. lengths, MAFI trailers, Material Handling Equipment (MHE), and concrete barriers, for the purpose of constructing a security wall in certain areas of the Port. All required containers and barriers shall be positioned and re-positioned IAW instructions provided by the COR. Containers shall be provided with the adequate number of twist locks fixed and unfixed by Contractor for safely securing all containers. .

2.10.5 Security Briefings. The Contractor shall conduct a security briefing prior to the start of all operations to include threat and suspicious activity reporting procedures, physical and critical information security and authorized use of Government-owned information systems and computing devices. The Contractor shall provide Port security contact information to all contract personnel IAW Country of Estonia/military authority and International Ship Port Security (ISPS) rules/regulations. The Contractor shall provide the COR copy of the briefing via email or in hardcopy prior to each shift.

3.0 SAFETY

3.1 General Safety Requirements. The Contractor shall ensure the safety of employees during all Contractor operations conducted IAW this PWS and the Occupational Safety and Health

Administration (OSHA) or host nation equivalent safety regulations and guidance as it applies to the Theater of Operations. The Contractor shall perform the services as follows:

3.1.1 The Contractor shall comply with, enforcing and monitoring applicable host nation, international, local installation and SDDC Transportation Battalion safety and fire regulations.

The COR/ACOR will log discrepancies within the defined quality performance process. The

Contactor shall implement and maintain an effective and comprehensive safety program. The Contractor shall support the SDDC battalion’s Emergency Disaster Plan. The Contractor shall acquire, maintain, and require use of safety equipment, personal protective equipment (PPE) and devices necessary to protect employees on the installation, port, and the vessel. The Government reserves the right to halt Contractor operations when the Operations Officer, COR/ACOR, or other Government representative observes unsafe operations; where damages/harm to life or property are possible. Operations shall not resume until such time as the Contractor revises their methods of operation to COR/ACOR satisfaction. The Government shall not compensate the Contractor for any standby time and may hold the Contractor liable for any other costs incurred by the Government, if operations are halted due to the Contractor’s unsafe operations.

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

3.1.3 Emergency Response Plan: The Contractor shall provide the COR a comprehensive safety and security Emergency Response Plan clearly outlining procedures for emergency HAZMAT cleanup of spills from leaking Materials Handling Equipment, i.e., forklifts, tugs, and container top handlers owned or leased by the Contractor to include damage to property and the environment. If the Contractor does not have sufficient resources, the Contractor shall immediately arrange for emergency response personnel that specialize in spill containment and clean up. The Contractor shall be liable for all costs associated with clean up. The Contractor shall comply with hazardous spill procedures set forth in the Emergency Response Plan.

3.1.4 Contractor shall strictly prohibit employees from smoking in all areas of operation except designated smoking areas.

3.2 Safety-Driver Training. Training is providing information, knowledge, and skills reinforcement to meet requirements. The Government will:

3.2.1 Make available training for operation of the Government vehicles 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, within a port as required. The Government vehicles may include, but not limited to all classes of Trucks, Stryker vehicles, Heavy Equipment Transporters (HET), Mine Resistant Ambush Protective (MRAP) vehicles and Armored Tracked vehicles. Labor shall participate at Contractor expense.

3.2.2 At times the Government may have field service representatives or vendor training onsite for new model equipment entered into the Army inventory. The Government will identify and provide port specific training requirements for the COR/ACOR to coordinate with Contractor to participate in at man-hour rates, less driver training for which Contractor shall compensate Contractor employees.

3.2.3 The Contractor shall ensure that personnel operating Government Vehicles possess valid civilian drivers’ license as required for operating vehicles in the host nation country. If vehicles are laden with hazardous material, to include munitions, driver’s licenses must have approved HAZMAT endorsements. The Contractor shall not use Ammunition and Explosives laden material handling equipment (MHE) or vehicles during operator training at any time.

3.2.4 The Contractor shall establish a remedial training program for drivers and operators who have had driver at-fault accidents, traffic violations, misused equipment, and otherwise demonstrated a need for additional training on military vehicles or equipment. The COR/ACOR will identify individuals that need remedial training. The Contractor shall direct this training towards identifying and correcting individual weaknesses and shall conduct remedial training at no cost to the Government.

3.2.5 The Contractor shall provide a qualified POC for HAZMAT handling who will ensure that Contractor employees comply with “DFARS 252.223-7002 SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES (MAY 1994)” in Section H, and, when applicable, with TB 43-0250; TMs 9-1300-200 and 55-207/NAVSEA OP 3221 Rev. 2; NAVSEA-OP 5; and COMSCINST 8023.4 in handling ammunition and explosives.

3.2.6 Qualification is IAW paragraph 1.3.1, Training of shore-side personnel, International Maritime Dangerous Goods Code (IMDGC), for personnel who pack dangerous goods; load/ unload Cargo Transport Units; handle dangerous goods in transport; load/unload dangerous goods into/from ships. Training is specified in Table 1.3.1.5 and paragraph 1.3.1.7, IMDGC and/or §172.700, 49CFR, whichever is more stringent.

3.2.7 The Contractor shall provide the COR/ACOR with a list of names each day of those drivers assigned to handle specialized vehicles, HAZMAT, or ammunition laden cargo per operation. List shall include a statement from 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. Any personnel found non-compliant, Contractor shall remove from handling of this cargo; and report incident to the COR; who shall report it in the monthly report (See Table 1).

3.3 Operation of Equipment. Equipment operated by the Contractor for use during operations on any S&RTS Terminal must be maintained and operated IAW applicable Federal/State/Host

Nation laws and regulations, OSHA, Army, port, and terminal regulations, directions, instructions, and pamphlets. Contractor shall immediately replace, at its own expense, any contractor-furnished vehicle/equipment that becomes inoperable as a result of breakdown. The

Government will not be charged for time lost due to a breakdown or any other failure of contractor-furnished vehicle/equipment. Damage to cargo or workers’ injury related to the use of non-compliant equipment or improper use of equipment will result in immediate non-use of that

Contractor’s equipment until the Contractor takes corrective action. The Contractor shall notify the COR when equipment is made compliant. The COR will provide all the Department of the

Army Pamphlets and US regulations for any specific requirements for operations on military installations during the vehicle equipment familiarization training. The Contractor shall be responsible to compensate damage charges for any damage caused to cargo or US Government assets due to contractor fault.

3.4 Safety Briefings. The Contractor shall conduct and document safety briefings for all workers at each shift change and must brief new workers as any new labor is added. When required, the COR will provide the Contractor with a checklist of safety and security topics for addressing prior to the start of vessel operations and will participate when necessary. Safety briefings conducted by the contractor shall relate to the type of operation (e.g. truck, rail, vessel, yard, crane, etc.), and at a minimum must meet host nation, local authority and/or DoD regulatory guidance, whichever is more stringent and include the following basic information:

a. Overall General Safety Requirements

Work tasks to be 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 of personnel

Location of emergency equipment - fire extinguishers, PFDs

Weather/temperature conditions (drink water)

Communication - signals, flagman duties, radios, whistles, (no cell phones) etc.

Walking/walking backwards, Tripping Hazards

Pedestrian and traffic movement in side vessels, on ramps and in staging areas

Gangway Safety

Person in water - prevention, recovery and survival

b. Traffic Safety

Driver distractions, (no cell phones usage)

MHE- one operator, no riders

Use of Seat Belts

Pier specific vehicle procedures - lights, keys, mirrors etc. Speed limits – pier, yard, railcar and vessel

Parking locations

Traffic Flow in and around vessels, to/from staging areas

Always use of ground guides when moving vehicles, (ramp/backing/stow)

Rail crossings

c. Task/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)

Safe Rail operations - 3 step protection, 3 points of contact, right of way

Ladder Safety

Use of fall protection (safety harness)

Safe lashing procedures

Unusual loads or oversized loads

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. 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 shall 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 Contractor takes corrective action. The Contractor shall notify the COR/ACOR when equipment is made compliant, before it is used again.

3.6 Accident Reporting

3.6.1 The Contractor shall verbally and immediately notify the COR of any accident and any incident which results in death or injury to personnel during or arising from performance under this contract. Additionally, in all instances where an accident or incident results in death or injury, the Contractor shall submit a completed commercial report, along with pictures, to the

COR within twelve (12) hours of incident. The Contractor shall assist the Government during any investigation of an accident or incident.

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

3.7 Damage and Loss Reporting

3.7.1 Transportation Discrepancy Report (TDR) procedures for pilferage and damage claims.

(Form provided by Government)

The Contractor shall use Transportation Discrepancy Report (TDR) procedures for pilferage and damage claims. (Form provided by Government). All cargo will be inspected by the Contractor upon arrival, before unlashing/unloading and prior to loading on mode of shipment to final destination. If pilferage/damage is detected, the Contractor will initiate a TDR (DD Form 361) or a commercial report if unable to utilize a DD Form 361 to submit to the COR within 24 hours of the inspection.

3.7.2 Attachments to the DD Form 361. Initial submission shall include photographs, statements from those on site at time of pilferage and/or damage, packing list (ensure that item is missing and/or damaged are highlighted) and a copy of the delivery receipt (if available).

3.7.3 Military Claim Procedure. An estimate of the damage will be determined by the consignee who will be accepted by both parties. This estimate will serve as the basis for the claim, which will be filed in accordance with the Defense Transportation Regulation 4500.9R;

Chapter 211 Loss of Damage Claims Procedures dated May 2014.

3.8 Environmental Control. 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 which entered the drainage system of the harbor.

3.8.1 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.

3.8.2 The Contractor shall comply with all applicable host nation, port and US military 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.

3.8.2.1 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.

3.8.2.2 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.

3.8.3 Secondary Containment For Hazardous Materials, Wastes and Petroleum, Oils and

Lubricants (POL)

3.8.3.1 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.) Secondary containment will be determined by Port Authority and controlled by the Ministry of Environment.

3.8.3.2 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.

3.8.3.3 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.

4.0 CONTRACT ADMINISTRATION

4.1 Detention, Minimum Time, Differentials. The Contractor shall perform the services described in this PWS seven (7) days per week, 365 days per year. The Government will give the Contractor notice of upcoming missions at least seven (7) days in advance. The Government will provide a planning meeting prior to each mission and technical direction will be given to establish when Contractor services are to commence. In addition, specific details for the facilities, storage, services and supplies will be provided by the COR. For every operation the

Contractor shall be informed at least 24 hours prior to operational start time and shall identify, at that time, any necessary deviation that will require a mutually accepted new start time.

Equipment positioning and set-up will take place prior to operational start time.

4.1.1 Hours of Operations

For the purpose of this contract working hours are broken down as follows:

Mon thru Fri 0800-2000

2000-0800

Day Shift 1st Shift

2nd Shift

Sat/Sun/Holidays. 0800-2000

2000-0800

Day Shift 1st Shift

2nd Shift

4.1.2 Regular Work Hours. The commodity rates set forth in the schedule of rates are based on work performed during 1st SHIFT (day shift – Monday through Friday). Work performed during other than 1st shift shall be compensated by the commodity rate plus the applicable shift differential rates identified in the schedule of rates for each man in gang only.

4.1.3 Extra Labor. For cargo that is not covered under a commodity rate, the Contractor shall provide labor under an “Extra Labor” basis. The Contractor shall ensure that services performed on an extra labor basis shall meet or exceed the experienced production standards as for work performed on a commodity rate basis. Extra labor services may include, but are not limited to:

carpentry work in excess of normal (un)lashing and (un)securing, welding and burning, opening and closing of hatch covers on vessels, barges and lighters equipped with pontoons. Extra labor may be required to re-handle, remove or shift cargo for one location to another, plus building and dismantling sheathing and nailed floors as well as handling of ships’ stores and dispose materials. The Contractor shall provide assistance to US Government personnel during load/discharge operations at the COR’s request. Unless services are occasioned by the fault or negligence of the Contractor, the Contractor shall be compensated at the rates set forth in the schedule of rates.

4.3.3.1 Extra Labor Gear and Equipment Operation. When performing extra labor services, the

Contractor shall furnish all gear and necessary equipment required to perform the requested services. The Contractor shall inform the COR of the requirement and the COR will approve the use of rental equipment. The Contractor shall provide rental receipts of cost when submitting for reimbursement. Rental rates of any equipment shall include the equipment operator.

4.1.4 Shift Differentials. When work is performed in a shift other than the regular daily shift the Contractor shall be compensated IAW the applicable shift differential rates set forth in the schedule of rates for each labor class. Shift Differentials shall only include the extra amount/premium paid as a result of employee working a shift outside the standard dayshift. An example would be if the Contractor pays an employee $35.00 for each shift hour and $30.00 is the base rate of pay. The difference of $5.00 would be the shift differential. The Contractor would enter $5.00 in the unit price for shift differential for that labor category. When work is performed on an extra labor basis, shift differentials shall be compensated at the shift differential rates set forth in the schedule of rates.

4.1.5 Overtime. The Contractor shall supply labor for overtime work. For the purpose of this contract, overtime hours are defined as any work performed above and beyond the stated hours in each shift. Work performed during lunch by Contractor’s choice or by mutual agreement with

Government Personnel shall not be considered overtime. Compensation for overtime work shall be at the overtime rates set forth in the schedule of rates, in addition to the commodity rates or extra labor rates. Overtime periods shall be determined IAW the prevailing host nation standards applicable to the Contractor and his employees.

4.1.5.1 Overtime (OT) Differential. The Contractor shall only include the extra amount/premium paid as a result of employee working overtime. Example would be if the

Contractor pays an employee $45.00 for each overtime hour and $30.00 is the base rate of pay.

The difference of $15.00 would be the OT differential. The Contractor would enter $15.00 in the unit price for OT differential for that labor category.

4.1.5.2 Recognized Holidays

New Year’s Day

Good Friday

Easter Sunday

Easter Monday

Labor Day

Ascension Day

Whit Sunday

Whit Monday

St. Johns Day

Repentance

Christmas Day

2nd Christmas Day

New Year’s Eve Day

4.2 Detention

4.2.1 Detention and Waiting Time. Detention (sometimes referred to as "stand-by time" or

"waiting time") is the time lost as a result of the stoppage, or inability to start the discharging or loading of cargo due to causes beyond the control and without the fault or negligence of the

Contractor. This includes but is not limited to: a breakdown of the vessel's equipment, bad weather (unsafe to the unsafe to operations, i.e. heavy rain, limiting visibility, lightning, high wind endangering crane operations, etc.) non-readiness of the vessel, or non-arrival of cargo.

Any work stoppage and the reason determining the waiting time shall be documented on

Contractor's timesheets that will be verified by the COR.

The Contractor shall absorb without limitation each detention of fifteen (15) minutes or less. The

Government will pay the Contractor for delays determined by the COR/ACOR for Government caused detention beyond fifteen (15) minutes. The Government will pay the Contractor at the detention rates set forth in the Schedule of Rates for each man in gangs, including equipment operators, drivers, and foremen, for each detention in excess of 15 minutes thereof. Detention for equipment shall be included in the commodity rates in the Schedule of Rates.

4.2.2 Detention and minimum time, computed to the nearest five (5) minute multiple, are payable to the Contractor at the rates specified under the schedule of rates, in lieu of commodity or extra labor (XL) rates specified elsewhere in this contract.

4.2.3 When detention occurs during a commodity operation, the Contractor shall absorb each detention of fifteen (15) minutes or less. The Government shall pay the Contractor at detention rates for persons or gangs including clerks and equipment operators (drivers) for each detention in excess of fifteen (15) minutes including the first fifteen (15) minutes thereof.

4.2.4 Detention shall not be authorized for any part of a gang that is not required on commodity operations or when certain classes of labor on commodity operations are required to stand by because of another class of labor performing a commodity operation. For example, commodity vessel load is inclusive of loading and lashing cargo. Gangs conducting the load & lash are inclusive of each other under one commodity rate; therefore, drivers or lashers during the process of load and lash may be waiting for the other to perform or complete their job. Neither party will be placed on detention while the other is performing commodity work.

4.2.5 Whenever detention occurs prior to or during extra labor operations, the Government shall pay the Contractor on a detention rate basis for the time of each detention. In the event part of a gang is required to perform an extra labor operation, the balance of the gang standing by shall be paid for at detention rates. In the event certain classes of labor are required to standby because of another class of labor performing an extra labor operation, such certain classes of labor, shall be paid at detention rates.

4.3 Minimum Time. Due to local labor agreements, this contract is subject to minimum time. Minimum Time is defined as the time in addition to the time actually worked for which the

Contractor is required to pay his employees to comply with the minimum time requirements of labor agreements applicable to the Contractor and his employees. For the purpose of this contract, minimum time is considered a maximum of four (4) hours per working day. An example of Minimum Time for this contract would be if the OO orders services to load a vessel and that work only takes two (2) hours, then the Contractor would be paid for two (2) hours of

Minimum Time to cover the remainder of his labor costs in the four (4) hour labor guarantee.

4.3.1 IAW applicable collective bargaining agreements, minimum time shall be payable to the

Contractor when work fails to materialize or when work is completed prior to the minimum time and shall not be payable (i) for checkers working in conjunction with longshoremen until completion of the longshoreman commodity activity and (ii) for any part of a gang not required on a commodity activity. For example, rail unload operation is inclusive of unlash and unload of cargo under one commodity rate. Lashers finish the unlash portion are still on commodity until the drivers are complete with unload and stage to point of rest. During rail load, after drivers complete the load, they remain on commodity until lashers have completed all lashing. While one portion of the gang is on commodity, all are listed as commodity.

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

4.5 Transition of Contract. Within seven (7) days after contract award, the outgoing contractor shall begin a joint inventory with the incoming contractor. This joint inventory shall be complete and all issues resolved within seven days of commencement, unless a longer period is approved by the Procuring Contracting Office. Transfer of all property shall be completed within seven days after completion of the joint inventory.

4.6 Property. A 100% physical inventory shall be conducted by the outgoing contractor and verified by the incoming contractor. The government Property Administrator (PA) and/or a designated Property Representative will observe the physical inventory to assure concurrence by all parties. Upon completion, the outgoing contractor shall post the transfer document as a closing adjustment to that contractor’s property records. The outgoing contractor shall maintain the basic property records reflecting authorizations, identification and management data for all

Government-Furnished Property (GFP) transferred to the incoming contractor. The Government will provide the incoming contractor with a Final Government Property Inventory report within

30 days from award.

4.7 Schedules. It is of utmost importance that work schedules be maintained during transition. The Contractor shall be responsible for work schedules until an area is officially transferred to the incoming Contractor. Work will only be transitioned from the outgoing

Contractor to the incoming Contractor when it is determined by the assigned COR that the

Contractor can conduct the operation without detriment to the mission. This determination will be made in writing and provided to the PCO. Any disagreement with the COR decision shall be brought to the attention of the PCO for resolution.

5.0 CONTRACTOR GENERAL REQUIREMENTS

5.1 The Contractor shall provide sufficient qualified labor, gear, equipment, and materials to satisfy the scope of this contract and make every effort to rectify any shortfall, for which the

Contractor will be paid at the applicable commodity or man-hour rates as designated in the

Schedule of Rates (SOR). The Contractor shall perform the specific tasks mentioned herein in a manner consistent with the best commercial practices. Any work started before, and not completed by, the expiration of this contract shall be governed by the terms and conditions of this contract, unless otherwise directed by the Contracting Officer.

5.2 Key Personnel

5.2.1 Management/Supervision involves the allocation and coordination of resources to accomplish a mission or operation. The Contractor shall provide a dedicated manager and at least two (2) alternates to serve as a single point of contact for interface with the Government on all contract related performance activities and issues. This individual must have decision-making authority and shall act as the central point of contact. The Contractor shall provide the

COR with a list of the contract manager and alternates, to include names and telephone numbers for these individuals during and after normal working hours. The manager and alternates shall meet as necessary with Government Personnel designated by the Contracting Officer to discuss contract performance. The contract manager and alternates shall have the ability to read, write, speak and understand English fluently. Reimbursement of supervision services shall not be separately billed. Compensation shall be included in the overhead rate used to establish the commodity rate schedules

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

5.2.3 During the performance of cargo handling operations, the contract manager or alternates shall be present at the work site and accessible to the Contracting Officer’s Representative

(COR), Port Service Caller (PSC) (also referred as the Ordering Officer (OO) at all times. At any other time, i.e. outside cargo operations, the contract manager or designated alternate shall be available by telephone to the COR/PSC.

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

5.2.5 The contract manager or his alternates shall not be removed or replaced without notifying the COR/CO in advance.

5.3 The Contractor shall not employ any person under this contract who is simultaneously an employee of the United States Government.

5.4 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 of the PRS.

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

Performance Objective – A statement of the outcome or results

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

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

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

5.5 Performance Evaluation Meetings. The contractor manager may be required to meet at monthly or as requested with the Contracting Officer Representative (COR), Quality Assurance

Evaluator (QAE) and the contracting officer. Meetings will be held as often as necessary thereafter as determined by the COR. However, if the contractor requests, a meeting will be held whenever a contract discrepancy report is issued. The written minutes of these meetings shall be prepared by the COR and signed by the contractor's manager, contracting officer, and

COR/QAE. 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/QAE within

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