Attachment 1 - PWS 3PT.pdf

RFP HTC711-20-R-R002 – Attachment 1

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

THREE PORTS TEXAS TO INCLUDE THE PORT OF BEAUMONT,

PORT ARTHUR, AND PORT OF CORPUS CHRISTI

Stevedoring and Related Terminal Services (S&RTS)

Performance Work Statement

For

Military Operations Terminal 842nd

Transportation Battalion

9 January 2020

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 6

4.0 General Contract Administration 11

5.0 Contractor General Requirements 22

6.0 Terminal Specific Requirements 37

Contract Performance Requirements Summary (PRS) Table 47

Appendix A Regulations, Publications, & Forms 50 Appendix B Glossary of Terms 54 Appendix C Payment Instructions 67 Appendix D List of Acronyms & Abbreviations 71 Appendix E Foreign Entity Vetting 73

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 – Stevedoring and Related Terminal Services. Stevedoring and Related Terminal Services 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 all three ports in Texas, to include the Ports of Beaumont and Port Arthur and the Port of Corpus Christi 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 Beaumont, Corpus Christi, and Port Arthur. 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.

1.3 The Contractor shall provide all gear, equipment, materials, 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 designed by the Schedule of Rates (SOR).

1.3.1 The Contractor will 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 the scope or or without written authorization.

1.3.2 Upon the award of this contract, all work shall be performed IAW “best commercial practices”.

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

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

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

2.3.4 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.

2.3.5 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 of its employee(s).

2.3.6 If the Government notifies the Contractor that employment of any its employees 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 in support of 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).

2.3.7 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 Contractors personnel shall protect privacy, sensitive information, and “FOUO” data for duration of the performance of this contract.

2.3.8 The Contractor and its employees 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.

2.3.9 Foreign Entity Vetting. The Contractor shall submit a semi-annual report to the Contracting Officer for each first-tier foreign transportation service provider, operating as a separate legal entity, contracting directly with the 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 include in the commodity rates established in the Schedule of Rates.

2.3.10 Base access. If applicable, the Contractor and its employees, to include sub-contractors and any sub-contractors’ employees, 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 shall not be liable for wages of such denied personnel.

2.3.11 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 throughout the duration of this contract upon award to the COR in order to obtain access clearance. The list shall identify vehicle type, license plate, and owner/ company name. Personally Owned Vehicles shall not be authorized entry unless identified as official vehicles critical to the success of the mission. When submission of a new vehicle is necessary, only substitutions are acceptable to maintain a reasonable number of cleared vehicles authorized entry.

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

2.3.13 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)

2.3.14 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 their compliance measures in a system security plan (SSP) which shall be submitted to the COR prior to start of work. If a cyber-incident occurs, the Contractor (or sub-contractor) shall report the incident to the following website http://dibnet.dod.mil within seventy-two (72) hours of discovery of said incident.

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 Contractor 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 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. The Government reserves the right to halt Contractor operations when the Operations Officer, COR, or other Government representative observes unsafe operations; where damages/harm to life or property are possible. Operations shall not resume until such time as the Contractor revises its methods of operation to COR satisfaction. The Government will 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.

3.3 The Contractor shall adhere to host nation, local authority, and/or DoD standards for a safe working load for cargo handling gear and equipment and ship’s gear. The Contractor shall ensure its employees wear hard hats at all times when working in “hard hat areas” designated by the COR. “Hard hat areas” at minimum, include but are not limited to, hatches, wharves, terminal warehouses, and open storage areas. In all cases, the Contractor shall provide fresh labor at the beginning of each shift who shall have at least eight (8) hours of rest between shifts before starting another work.

3.3.1 Emergency Response Plan. The Contractor shall provide a comprehensive safety and security Emergency Response Plan clearly outlining procedures for emergency HAZMAT cleanup of spills from military cargo shipments or leaking Material Handling Equipment (MHE) (for example forklifts, tugs, and container top handlers) owned or leased by Contractor, to include mitigating damage to property and the environment.

When the Contractor does not have sufficient resources of his own, the Contractor shall immediately arrange for outside emergency response personnel who specialize in spill containment and clean up. The Contractor shall pay for any such clean up resulting from the Contractor’s equipment/MHE or leaks caused by the Contractor by damage to military cargo shipments and comply with hazardous spill procedures in the Emergency Response Plan. For military cargo shipments leaking not caused by the Contractor, the Contractor will not be responsible for the cost of cleanup. The Contractor shall immediately report to the COR and Port Emergency Response Officer for any leakage or spillage of hazardous substances.

3.3.2 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.

3.3.3 The Contractor shall comply with all applicable environmental laws and regulations pertaining to marine and port facilities CONUS and OCONUS (host nations) to include but not limited to a written Spill Contingency and Response Plan (SCRP). This 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) or the Host Nation equivalent (if applicable). The 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 SCRP.

3.3.4 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.

3.3.5 Secondary Containment for Hazardous Materials, Wastes and Petroleum, Oils and Lubricants (POL). At no cost to the Government, the Contractor shall coordinate containment devices of various sizes if required for temporary and permanent storage facilities that retain POL substances, hazardous materials and hazardous wastes (i.e. -new and used – oils, fuels, lubricants, solvents, batteries, acids, paints, antifreeze, etc.).

3.3.5.1 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 five (5) to fifty-five (55) gallons to include mobile tanker trucks used for refueling operations. All secondary containment structures shall be free from soil and sand accumulations.

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

3.4 Safety-Driver and Government Furnished Equipment (GFE) Operation/Maintenance Training.

3.4.1 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 sufficient 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 and its employees shall participate at the Contractor’s expense.

3.4.2 At times, 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 employees to attend. The COR will coordinate the training events with the Contractor to ensure maximum participation. The Contractor and its employees shall participate at the Contractor’s expense.

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

3.4.4 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.

3.4.5 The Contractor shall provide a qualified POC for HAZMAT handling who will ensure that their employees comply with “DFARS 252.223-7002; SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES, DoD 4145.26-M; DoD CONTRACTORS SAFETY MANUAL FOR AMMUNITION AND EXPLOSIVES and DoD 6055.9-STD;

DOD AMMUNITION AND EXPLOSIVES SAFETY STANDARDS in handling ammunition and explosives. The Government requires 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, using the highest standards as determined by the COR.

3.4.6 The Contractor shall provide the COR with a list of names each day of those drivers assigned to handle specialized vehicles, HAZMAT, or ammunition laden cargo per operation. The list shall include a statement from the Contractor verifying that the individuals performing 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. If any personnel are found to be non-compliant, the Contractor shall immediately remove that operator from handling this cargo and the incident reported to the COR. The COR will then report the incident in the monthly performance report.

3.5 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 within the presence of an 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 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 using the highest standards, as determined by the COR. Safety briefings shall be conducted in English and, as applicable, in the Host Nation local language.

Safety briefings should include, but are not limited to, the following basic information:

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

3.5.2 Traffic Safety.

Driver distractions (no cell phones) Seat belts must be use Pier specific vehicle procedures - lights, keys, mirrors etc.

Speed limits – pier side, staging yards, and on the vessel Parking locations Traffic Flow Use of ground guides when moving (ramp/backing/stow) Rail crossings (if applicable)

3.5.3 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

3.5.4 The Government will conduct safety briefings when the Government finds it necessary, and per local Commander’s guidance, during which time labor is on standby time. The Government safety briefing will include information as prescribed in paragraph 3.5 above and any other necessary terminal or Command related safety information.

3.5.5 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, using the highest standards, as determined by the COR. Any 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.

3.6 Damage, Accident, and Loss Reporting.

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

3.6.2 In all instances where a reportable accident (that meets the minimum criteria IAW AR 385-10 & DA PAM 385-40 for ground Class A–D accidents) or incident occurs, the Contractor shall submit a preliminary accident investigation report to the COR and SDDC Safety Officer within twenty-four (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 thirty (30) days. The Contractor shall also report all accidents or cargo damages that do not meet minimum criteria to the COR.

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

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

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

3.6.4 After an accident or incident occurs, the Contractor shall secure the accident/incident location and preserve all evidence. The Contractor shall allow Government personnel access to the location, all evidence, and any contractor-employed witnesses to include the operators involved in the accident/incident. Operations shall 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).

4.2 Port Licensing and Permits. The Contractor, or its named sub-contractor(s), shall possess a valid and current Business License (BL) or work permit issued by the applicable Port Authorities for the State of Texas as evidence to work at all named Ports within this PWS (Beaumont, Corpus Christi, and Port Arthur). The Contractor, or its named sub-contractor(s), shall provide copies to the CO for the record.

4.2.1 A subcontractor’s license or permit may substitute for the prime Contractor's license if that license allows the subcontractor(s) to operate at all ports listed in section 6.0 geographic information.

4.2.2 Union Agreements and Tariffs. The Contractor shall submit copies to the Government (if applicable) of current union rules, Collective Bargaining Agreements (CBA), and port tariffs. The Contractor shall also furnish updated information about specific changes to union contracts or local work rules, CBA’s and port Tariffs that affect cargo operations IAW the performance of this PWS.

4.2.3 The Contractor shall provide a contract manager and at least two (2) alternate contract managers who shall be responsible for the performance of the work. The Contractor shall provide telephone numbers for the contract manager and alternate contract managers where these persons may be contacted during and after duty hours. The contract manager, and its alternates, shall have, at a minimum, five (5) years demonstrated experience in directing and managing port handling operations. The contract manager’s alternates shall have, at a minimum, three (3) years demonstrated managerial experience in the port handling business. The contract manager and alternates must be able to read, write, speak, and understand English fluently.

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

4.2.5 During the performance of simultaneous cargo handling operations, the Contractor shall have its contract manager or one (1) of the contract manager’s designated alternates shall be present at each work site and accessible to the COR at all times. At any other time, (i.e. outside cargo operations), the contract manager or the contract manager’s designated alternates shall be available to the COR by telephone.

4.2.6 The contract manager and the contract manger’s designated alternates shall meet as necessary with Government personnel designated by the Contracting Officer to discuss contract performance or any other problem areas or issues.

4.2.7 The contract manager and the contract manager’s designated alternates shall not be removed or replaced without informing the Contracting Officer and Contracting Officer Representative.

4.3 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.

4.3.1 All services will 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. The TO will incorporate terminal services and vessel work separately. Terminal services will be calculated by the documented week (Doc-Week, Sunday – Saturday).

Vessel work will be per vessel. Any work performed without an issued TO will be at the expense of the Contractor.

4.3.2 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 twenty-four (24) hours of completing the operation.

4.3.2.1 The Contractor shall, after each operation, reconcile all services ordered with the COR.

The Contractor shall review all supporting documentation (SDDC Forms MT 288, 290, log books, tally sheets, and time sheets) are completed and signed (digital or wet signature) by both the COR and the Contractor. The OO will finalize each TO with the COR accounting for actual Contractor performance within seven (7) days. The OO will submit a final amended TO to the Contractor for invoicing. The Contract shall submit an invoice for payment to the COR for certification and submit the invoice for processing.

4.4 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.

4.4.1 All OOP expenses shall be substantiated by the Contractor. The Contractor shall submit 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.

4.4.2 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 purchased as an OOP expense 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. When authorized, administrative fees (e.g.; delivery charges or taxes) are allowable OOP expenses.

4.4.3 Government-owned is defined as either materials purchased by the Government for the Contractor’s use in support of this contract or materials purchased by the Contractor and approved as an OOP expense by the COR for Government use and for which Contractor has valid vendor receipts for reimbursement.

4.5 Training and Contingency Operations. The Government reserves the right to conduct training and contingency operations for DoD personnel during scheduled or contingency load or discharge of any vessel or related terminal operations. During these scheduled training or contingency events, the Government may utilize military personnel for loading and discharging the entire vessel or to conduct routine terminal or port operations or any part of the operation thereof. Unless otherwise ordered, the Contractor shall not receive compensation for cargo handling operations conducted by the DoD during these training or contingency operation events.

4.5.1 The COR will inform the Contractor when such training or contingency operations are scheduled or as soon as known, but no later than (NLT) forty-eight (48) hours prior to the event. During these training or contingency special operations events, the Contractor shall provide, when ordered by the OO, sufficient qualified labor or equipment in support of the DoD operation to include, but limited to, shadow gangs, either in part or full. The Government will compensate the Contractor for labor and equipment when requested by the COR and ordered by the OO, at man-hour and equipment rental rates.

4.5.2 In addition, 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 (ie;

lashing, unlashing, or towing cargo) associated to that military operated cargo. The Government will compensate the Contractor at man-hour rates for only those designated as support for those pieces of cargo operated by military drivers.

4.6 Commodity Rates. All commodity rates applicable to this contract are inclusive of all planning activities, labor, equipment, port handling and all applicable port tariff charges related or associated to the handling and movement of Government DTS cargo.

4.7 TABLE 1— Cargo Handling (Commodity) Operations

**NOTE: The following table defines each cargo handling 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 the 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 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 by the applicable schedule in the SOR. If the COR determines it is necessary to establish additional commodity rates, the COR will advise the CO of the necessity of a contract modification to include the additional commodity rates for the remaining period of the contract.

4.8.1 Measurement Ton Usage and Calculation. The Government shall calculate MTON using cargo dimensional data, Length, Width, and Height divided by forty (40) cubic feet.

Example; Dimensional measurements of (L) 240in (W) 96in (H) 96in divided by 1728 then divided by 40 will equals 32 MTON’s. This would look like 240”times 96” times 96” equals 2,211,840 square inches divided by 1728” (square inches in cubic foot) divided by 40 Cubic foot, this would equal 32 MTON’s.

4.9 Guaranteed Time, Standby Time, and Labor Detention.

4.9.1 Guaranteed Time. Guaranteed time is defined as the maximum amount of compensation (by the hour) during a commodity operation the Contractor will receive in addition to the commodity rates of time actually worked after all commodity work is completed for which the contractor is required to pay its labor to comply with guaranteed time requirements for applicable CBAs. The Government will pay guaranteed time (hourly base rates per class of labor) to the Contractor when performance is not needed. During a commodity operation, the Contractor will receive the commodity rates for time actually worked. If applicable, the Contractor will receive compensation equivalent to what is required to pay its labor in order to comply with the current CBA.

4.9.1.1 The Government will not pay guaranteed time to the Contractor where local CBAs do not exist. In no case will the Government pay guaranteed time when labor is ordered.

Additionally, in no case will the Government pay guaranteed time when cargo or freight is available to work at the work site or vessel but not worked due to the Contractor’s inability to provide personnel or equipment.

4.9.1.2 The Government will not pay guaranteed time separately to any class of labor-working commodity in conjunction with other classes of labor until completion of commodity activity or any part of a gang not required on a commodity activity. For examples, unloading operation is inclusive of unlashing and unloading cargo to its designated place of rest or stow under one commodity rate. Lashers who finish unlashing are still on commodity time (i.e. not guaranteed or detention) until drivers completed unloading and staging to final point of rest or stow. During a load operation after drivers complete the load, the drivers remain on commodity rates until lashers have completed all lashing.

While any portion of labor to include checkers working commodity, all are listed as commodity.

4.9.2 Stand-by 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, the 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 documented 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.

4.9.2.1 At the request of the COR and ordered by the OO, the Contractor shall provide shadow or ghost labor (single or multiple classes of labor at the COR/OO discretion) for support of military operations, the Contractor may be placed on stand-by time.

4.9.3 Labor Detention. Labor detention is defined as time lost due to work stoppage or interruption of work during commodity operation.

4.9.3.1 When detention occurs during a commodity operation, the Contractor shall absorb each detention period of fifteen (15) minutes or less. The Government will pay the Contractor at detention rates for labor, including checkers and equipment operators (drivers), for each detention in excess of fifteen (15) minutes, including the first fifteen (15) minutes thereof. Unless approved by the COR, the Government will not pay detention time for equipment.

4.9.3.2 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.

4.9.3.3 All stand-by time and detention time will be computed to the nearest five (5) minute multiple and will be payable to the Contractor and compensated at applicable man-hour rates.

4.9.3.4 The Government will not compensate the Contractor for detention for any class of labor not required for commodity operations or when certain classes of labor on commodity operations are dependent on other classes of labor is performing a commodity operation.

For example, commodity vessel load is inclusive of loading and lashing cargo. Drivers and lashers conducting loading and lashing are inclusive of each other under one commodity rate; therefore, drivers or lashers during the process of load and lash may wait for the other to perform or complete work. Neither party is authorized detention time while the other is performing commodity work.

4.9.3.5 If a percentage of labor is required to perform XL labor, the Government will pay the balance of labor standing-by at detention rates. If certain classes of labor are required to standby because another class of labor is performing an extra labor operation, then the Government will pay such certain classes of labor at detention rates.

4.9.3.6 The Contractor shall provide the COR with documentation (i.e. time sheets or log book) justifying detention time and/or standby time at the end of each shift wherein the standby or detention occurred for approval of compensation. Failure by the Contractor to provide the required documentation may preclude compensation, except with CO approval.

4.10 Extra Labor. The Contractor shall, 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 due to the fault or negligence of the Contractor, the Contractor shall be compensated at the extra labor rates.

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

Carpentry work in excess of normal lashing, blocking and bracing Welding and burning Re-handling, removing and shifting of cargo (military or commercial) Building or dismantling of sheathing and nailed floors Handling of ships' stores and materials Providing shadow or ghost labor for military operation Providing assistance to US Government personnel for terminal services, exercise and contingency operations

4.10.2 When performing extra labor services, the Contractor shall furnish all gear and necessary equipment (operator included) required to perform the requested service. Schedule 2 and Schedule 4 of the SOR will apply.

4.11 Overtime. Overtime is defined as the hours worked past normal work day shifts, regardless of shift. Example, if the work day shifts are 0800 to 1700 hours, Monday through Friday, when operational requirements dictate that labor work past the normal work day, hours worked after the work day may include overtime wages. This may also include weekends and holidays. Overtime compensation shall be the calculated time worked past the normal working day and shall be determined IAW the current CBA (if applicable).

4.11.1 Ordered overtime. The Contractor shall, when requested by the COR and ordered by the OO, supply labor for requested overtime work (including weekends and holidays).

Compensation for overtime work shall include the regular hourly rate plus the overtime differential rate. Overtime pay shall be rounded to the nearest five (5) minute increment and compensated in addition to commodity rates or extra labor rates when worked.

4.12 Shift Differentials. When work is performed on 2nd or 3rd shift(s), the Contractor shall be compensated in accordance with the applicable shift differential rates for each working member in each labor class. When work is performed on an extra labor basis, applicable differentials rates shall be added to base hourly labor rates per class. Differential pay shall be time over normal working shifts and shall be determined IAW the current CBA (if applicable).

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

4.13.1 The Contractor must obtain COR written pre-approval to work in all conditions specified in paragraphs 4.8 thru 4.11 above.

4.14 Equipment Rental Rates. All Equipment Rental (EQR) rates shall be billable by the hour or day for determination of extra labor and equipment usage. All equipment applicable to this contract shall be inclusive of its operator, fuel, lubricants, slings, rigging, accessories, and their mobilization and demobilization costs unless otherwise indicated and approved by the COR ahead of time. Daily equipment rates shall imply twenty-four (24) hours of use with appropriate operators changed as needed. Rental of equipment not listed in the SOR will be subject to the same conditions as above and paid on a cost reimbursement OOP, all rates are subject to written approval by the COR.

4.14.1 Contractor Equipment, Used in an Extra Labor situation. The Government will reimburse the Contractor for use of Contractor’s equipment based on equipment rental rates. If equipment is used for both Commodity work and Extra Labor on the same day and/or time, the Government will only compensate the Contractor for the time the equipment was actually used in an extra labor situation and verified by the both the COR and the Contractor.

4.15 Inland Transportation Rates. All inland transportation rates, if applicable to this contract, are inclusive of drivers, co-drivers, fuel, lubricants, lashing, unlashing, tarping materials, time, and distance.

4.16 Contract Labor Reporting. The Contractor shall provide the COR with 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 five (5) minute interval, and significant events of the day.

4.17 Timekeeping. The Contractor shall maintain timesheets, with 100% accuracy, for all contractual services furnished by their own or subcontracted operations. The timesheet shall include 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 established in the Schedule of Rates.

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

4.17.2 Daily port work accomplishment plan. This plan is 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.

4.17.3 The Contractor shall provide the COR with a monthly written report reflecting all unresolved conditions or negative reports. Written reports or records are required for any commitments made between the Government and the Contractor.

4.18 Request for information. Upon request of the Government, the Contractor shall provide the COR cargo management information generated as a result of this PWS and respond to specific inquiries. The Contractor shall answer inquiries regarding movement, status, and/or disposition of cargo within four (4) working hours or less. The Contractor shall immediately notify the COR of his inability to perform any task or function IAW this

PWS.

4.19 Transition of Contract.

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

4.19.2 A 100% physical inventory shall be conducted by the outgoing Contractor and verified by the incoming Contractor. The Government's Property Administrator (PA) and/or a designated Property Representative will observe the physical inventory to assure concurrence by all parties. Upon completing the 100% inventory, the outgoing Contractor 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 thirty (30) days from award.

4.19.3 Schedules. It is of utmost importance that work schedules be maintained during transition. The outgoing Contractor shall maintain work schedules until a work area is officially transferred to the incoming Contractor. The COR will determine the transition schedule, subject to the start and end dates of the period of performance.