Attachment 1 - PWS MOTSU 22 August 2022.pdf

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PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

MILITARY OCEAN TERMINAL SUNNY POINT

Stevedoring and Related Terminal Services (S&RTS)

Performance Work Statement

For

Military Operations Terminal 596th Transportation Brigade

Military Ocean Terminal Sunny Point Southport, NC 28461

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TABLE OF CONTENTS

Section Topic Page

1.0 Background & Scope 2

2.0 General Security Requirements 3

3.0 General Safety Requirements 8

4.0 General Contract Administration 14

5.0 General Contractor Requirements 28

6.0 Terminal Specific Requirements 43

Contract Performance Requirements Summary (PRS) Table 65 Appendix A Regulations, Publications, & Forms 72 Appendix B Glossary of Terms 76 Appendix C Payment Instructions 87 Appendix D List of Acronyms & Abbreviations 91 Appendix E Foreign Entity Vetting 93

1. BACKGROUND AND SCOPE.

1.1 Background. Military Surface Deployment and Distribution Command (SDDC), headquartered at Scott AFB, IL is an operational-level U.S. Army Command designed by the Secretary of the Army as the Army Service Component Command (ASCC) 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 operations where our military forces have deployed.

1.2 Scope. Provide Stevedoring and Related Terminal Services (S&RTS) managed through the Defense Transportation System (DTS) at Military Ocean Terminal-Sunny Point (MOTSU) located in Southport, North Carolina. S&RTS will consist primarily of importing and exporting ammunition and explosives, or other DTS sponsored cargo. This Performance Work Statement (PWS) will cover the full spectrum of handling surface moving cargo from cargo reception to disposition, cargo documentation, stuffing and unstuffing containers, explosive sampling, cargo transfers, in-transit storage and processing cargo for simultaneous shipments via multiple surface modes of transportation as designated by the Contracting Officer (CO) or their appointed Contracting Officer’s Representative (COR), Alternate Contracting Officer’s Representative (ACOR) and Ordering Officer (OO).

**NOTE: Subsequent references to the COR throughout the PWS will assume also the ACOR as well, unless otherwise specified.

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1.2.1 The Contractor shall provide all the gear, MHE, materials, supplies, management, and sufficient amounts of qualified general & skilled labor to satisfy the full scope of operating seaport terminal for this contract. The Contractor shall make every effort to rectify any labor or Contractor Furnished Equipment (CFE) i.e., MHE shortfalls, for which the Government will compensate the Contractor by applicable commodity and/or man-hour rates as designated by the Schedule of Rates (SOR).

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

1.2.3 Upon the award of this contract, all work shall be performed in accordance with (IAW) “best commercial practices”.

** Note: Subsequent references to the Contractor shall imply their employees, unless otherwise specified.

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 contract 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, therefore not authorized to obtain a Common Access Card (CAC) or Alternative Smart Card Logon (ASCL) tokens.

2.3 Ground Rules and Constraints.

2.3.1 Personnel Screening. The Contractor shall screen all employees to ensure they do not have criminal records with local law enforcement agencies or the federal Government. The Contractor shall also screen employees for terrorism or threat-related activity or alliances detrimental to the USG. The Contractor shall also screen all prior United States (US) military personnel in their employ for military service criminal offenses. The Contractor shall not employ any person under this contract who is simultaneously an employee of the United States Government (although drilling military reserve or national guard personnel are acceptable) or found to have criminal records or terrorism or threat-related activity or alliances.

2.3.2 Screening. Screening shall complement applicable badging processes and enhance Force Protection measures through document examination; verification; and biographical and security interviews. Any applicant who refuses screening shall result in denial of applicant’s access for employment or termination. Once applicant screening process is complete, screening cell shall forward the packet with recommendation concerning that applicant’s suitability for access. Any derogatory information may result in applicant’s access denial or termination. Applicants who have been denied access due to derogatory information may file an appeal to the PCO for review.

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

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

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

2.3.6 The Contractor shall comply with all 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 or Installation Access Control processing requirements.

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

2.3.8 Derogatory Information. If the Government notifies the Contractor that employment of any contractor employee is prejudicial to the interests or endangers the security of the United States of America, the Contractor shall remove and bar that person. This includes security deviations/incidents and credible derogatory information on contract members during contract execution. The Contractor receiving award of this task order shall make any changes necessary in the appointment(s).

2.3.9 Operations Security (OPSEC). The following data elements shall only be released to personnel/entities who have a direct role in performance of this contract: cargo manifests, unit movement data, and planned or actual movement of sensitive items. The contractor shall not release this information to those without a direct role in performance without permission from the COR.

2.3.10 Threat-related incidents. Persons employed by the Government will report threat-related incidents, behavioral indicators, and other matters of counterintelligence (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 Counterintelligence and Security Agency (DCSA).

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

2.3.12 Base access. The Contractors employees to include sub-contractors will comply with base access and control procedures, personnel that have not been cleared for entry to secured

Page | 5 working area/s will be denied entry, and the Government will not be liable for wages of such denied personnel.

2.3.13 Vehicle Identification. The Contractor shall ensure all company owned/personally owned vehicles (COV/POV) used in the performance of this contract entering MOTSU shall be in compliance with proper licensing, insurance, and safety/emissions inspections IAW State and Federal law. All vehicles entering MOTSU shall be subject to base rules and regulations.

2.3.13.1 The Contractor shall submit a comprehensive list of vehicles required during the duration of this contract immediately upon award to the COR to obtain installation access. The list shall identify vehicle type, license plate, and owner/company name. POVs shall not be authorized in and around Government equipment unless identified as official vehicles critical to the success of the mission. When submission of a new vehicle is necessary, only substitutions are acceptable to maintain a reasonable number of cleared vehicles authorized entry.

2.3.14 Security Regulation & Compliance. The Contractor will be required to comply with all security regulations and directives as identified herein, and other security requirements located in this contract. The contractor shall not divulge any information cargo manifests, unit movement data, and planned or actual movement of sensitive items financial, planning, programming, or budgeting information without the express consent of the Government as outlined in Operational Security (OPSEC) and Information Security regulations.

Management personnel assigned to the contract is required to complete annual antiterrorism/force protection and threat awareness and reporting program training, as designed by the CO or COR, attendance shall be at the Contractors expense.

2.3.15 Security Regulation Guidance found at https://www.esd.whs.mil/dd/. Select under “DoD Issuances” the following DoD Instructions and Manuals.

2.4 Privacy Information. Contractor and COR, must ensure all personnel information collected, maintained, used, or disseminated is relevant and necessary to accomplish the Contract. Contractor will collect the required information to the greatest extent practicable directly from, and then inform the individual of the reason collection of the information is required; the authority for collection; for who and for what purpose; whether disclosure is mandatory or voluntary; and the impact of not providing the information. Contractor and COR will establish appropriate administrative, technical, and physical safeguards, for protection of paper, documentation involved, to ensure security of records and prevent compromise or misuse during storage, transfer, or use, including transiting authorized alternative worksites. Privacy information collected, must comply with federal, state or local law as applicable.

2.5 Badges. All permanent and temporary personnel, hired directly or indirectly by the Contractor performing work under this contract, shall have in their possession, and display when required, a current Workers Identification badge issued by MOTSU . The Contractor’s management shall ensure compliance with this requirement.

2.6 Health and Safety on Government Installations.

2.6.1. In performing work under this contract on a Government installation, the contractor shall:

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2.6.1.1. Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

2.6.1.2. Take such additional immediate precautions as the CO may reasonably require for health and safety purposes.

2.6.2. The CO may, by written order, direct military Occupational Safety and Health Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

2.6.3. Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the CO, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

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). All Army Safety Regulations can be found at http://armypubs.army.mil

3.2 Enforcing and monitoring safety. The Contractor shall comply with, enforce, and monitor applicable local installation and MSDDC Transportation Battalion safety and fire regulations. The COR will log any discrepancies within the defined quality performance process. The Contactor shall establish and maintain an effective and comprehensive safety program. The Contractor shall support the MSDDC Emergency Disaster Plan. The Contractor shall acquire, maintain, and require the use of safety equipment, personal protective equipment (PPE) (29 CFR §§ 1918.101-106) and devices necessary to protect employees on the installation, port, and the vessel.

3.2.1 Safety Stop. The Government reserves the right to halt/stop the Contractors operations when the Safety Officer, COR, or other Government representative observes unsafe practices or safety violation; where harm to life, (e.g., loss of life, limb, or eyesight); injury (e.g., nonfatal injury or occupational illness that might cause one or more days away from work, hospitalization, or temporary or permanent disability); or damage to property is possible. The Contractors operations shall not resume until at such time as the Contractor corrects and revises their methods of operation to correct safety violations, to the Safety Officer’s satisfaction. The Government shall not compensate the Contractor for any time lost incurred by the safety infraction; and, the Government may hold the Contractor liable for any costs incurred to the Government, resulting from operations halted due to the Contractors unsafe practice or violation.

3.3 Safe Working Load. The Contractor shall adhere to local authority, and DoD standards for “safe working load” for all Material Handling Equipment (MHE), to include all cranes (shore or ship), the contractor shall adhere to safety requirements when lifting cargo.

3.3.1 Personnel Protective Equipment (PPE). The Contractor shall ensure all contractor http://armypubs.army.mil/

Page | 7 personnel, to include subcontractor personnel wear proper PPE, to include but limited to: safety vests, steel toed boots, hard hats, leather gloves, and long pants. Hard hats must be worn at all times when working in “designated hard hat areas”, and at minimum wear hardhats aboard vessel(s), wharves, terminal warehouses, rail yards and open storage/staging areas when in and around military cargo.

3.4 Shift Change. The Contractor shall provide fresh labor at the beginning of each shift who shall have at least eight hours of rest between shifts before starting other work. Exceptions to the above shall be at the unit Commander’s discretion, and decision whether contracted labor may work beyond this requirement, based on Safety Officer Risk Assessments to the Government and mission time restraints.

3.5 Emergency Response Plan. The Contractor shall provide a comprehensive safety and security “Emergency Response Plan (ERP)”. The plan will clearly outline procedures for emergency Hazardous Material (HAZMAT) cleanup, or POL spills from military cargo shipments, or leaking MHE (for example forklifts, tugs, and container top handlers) owned or leased by the Contractor, to include mitigating damage to property or the environment. When the Contractor does not have sufficient resources of his own, the Contractor shall immediately arrange for outside emergency response personnel who specialize in spill containment and clean

up. The Contractor shall pay for any such clean up resulting from the Contractor’s equipment or leaks caused by the Contractor by damage to military cargo shipments and must comply with hazardous spill procedures in the Emergency Response Plan.

3.5.1 Environmental Compliance Officer. The Contractor shall provide a qualified Contractor employee who shall be the Environmental Compliance Officer (ECO) for HAZMAT handling. This employee shall have training to assume command and control over environmental situation(s) by securing the scene/area, providing incident command and control, evacuating personnel, stopping the release, containing spills, decontaminating personnel, and requesting mutual aid from emergency services as required. Services defined in this paragraph are included in the commodity rates established in schedule in the SOR.

3.5.2 Leaking Cargo Shipments. The Contractor shall not be responsible for the cost of cleanup of military cargo found leaking POL or hazardous substances not caused by the contractor’s actions,. However, the contractor shall attempt to contain the leak and clean up the spill. The Contractor shall report immediately to the COR and Port Emergency Response Officer any leakage or spillage of hazardous substances on the ground or any leakage or spillage.

The Contractor shall not move any cargo leaking or spilling any substance hazardous or not, to which the contractor shall be responsible for its cleanup at their expense. The Government shall compensate the contractor for cleanup at established man-hour rates, and for materials used in the process of the cleanup shall be at OOP cost reimbursable expense.

3.5.3 Port Emergency Response Officer. 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.

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3.5.4 Spill Contingency and Response Plan. The Contractor shall comply with all applicable environmental laws and regulations pertaining to marine and port facilities to include but not limited to: A written Spill Contingency and Response Plan shall be submitted to the COR within ten (10) calendar days of contract award. At a minimum, this plan shall comply with all applicable directives of the environmental guidance and instructions per the United States Coast Guard (USCG). The Contractor’s Spill Contingency and Response Plan (SCRP) shall specifically describe how the Contractor will prevent and respond to spill incidents. In addition, an acceptable secondary containment plan must be submitted in writing as part of the Spill Contingency and Response Plan.

3.5.5 In the event of accidental or deliberate discharge and the Contractor fails to mitigate and report the environmental hazard or spill, the Contractor shall be held liable for all costs associated with the incident.

3.5.6 Secondary Containment for Hazardous Materials, Wastes and Petroleum, Oils and Lubricants (POL). At the contractor’s expense, the Contractor shall provide containment devices of various sizes if required for temporary and permanent storage facilities that retain POL substances, HAZMAT, and hazardous wastes (i.e. - new and used – oils, fuels, lubricants, solvents, batteries, acids, paints, antifreeze, etc.).

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

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

3.6 Government Equipment Operation and Familiarization. The Contractor employees assigned to operate Government-owned or Government-leased equipment in the performance of their contract will be in compliance with the licensing requirements of the USG and applicable motor vehicle laws and certified, by the contractor and at the contractor’s expense, as being fully qualified to operate the equipment which they are assigned. IAW Army Regulation (AR) 600- 55, The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing. At minimum, personnel operating USG military vehicles will be familiarized in:

• Basic hand and arm signals

• Emergency stopping procedures

• Start-up and shutdown procedures

• Location of controls

• Demonstration of vehicle blind spots

• Preventive maintenance checks and services

The prime contractor must document all required operator qualifications and provide this documentation (Commercial Driver’s License (CDL), with HAZMAT endorsements)) to the

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COR prior to the Contractor’s personnel engaging in equipment operation. The COR will retain this documentation for record. If the Government makes “operation and familiarization” training available onsite, the Contractor shall attend training those training events at man-hour rates per Schedule 2 of the SOR. The Contractor shall ensure that sufficient pools of equipment operators are available to operate Government equipment ensuring compliance with 29 CFR Part 1917, as applicable.

3.6.1 Operating Government Equipment. The Contractor shall ensure personnel operating Government equipment on MOTSU possess valid state vehicle driver’s license.

3.6.1.1 Commercial Truck Drivers. The contractor shall ensure when commercial drivers are picking up HAZMAT, to include Arms, Ammunitions and Explosives (AA&E) commercial truck drivers are properly licensed and shall have the appropriate HAZMAT endorsement before releasing cargo.

3.6.2 The Contractor shall not use ammunition and explosives laden MHE during operator training at any time.

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

3.6.4 The Contractor shall provide as part of this contract two (2) POCs with HAZMAT certification for oversight in handling hazardous cargo IAW 49 CFR Part 172 for each operation and port location when handling HAZMAT cargo. The POC will ensure that their employees comply with “DFARS 252.223-7002, Safety Precautions for Ammunition and Explosives; DoD 4145.26-M [Manual], DoD Contractors Safety Manual for Ammunition and Explosives; and Defense Explosives Safety Regulation (DESR) 6055.09 in handling ammunition and explosives.

The Contractors personnel shall meet the qualification for personnel who pack dangerous goods;

load/unload cargo transport units; handle dangerous goods in transport; load/unload dangerous goods into/from ships as specified in International Maritime Organization (IMO) Dangerous Goods Code (IMDGC) Chapter 1.3; Training and 49 CFR Part 172, Subpart H; Training.

3.6.4.1 The Contractor shall provide the COR with a list of names each day of those drivers assigned to handle HAZMAT, or ammunition laden cargo per operation. The list shall include a statement from the Contractor verifying that individuals performing these driving functions comply with AR 600-55. Note** “Military directives and regulation may change at any time”.

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 person found noncompliant, the Contractor shall remove from handling cargo and the incident reported to the COR, who shall report the incident in the monthly performance report.

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3.7 Safety Briefings. The Contractor shall, as part of all commodity and extra labor operations, conduct and document safety briefings for all workers prior to all operation start times and prior to each shift change. The Contractor must provide a safety brief to new personnel as they are added. The Contractor will conduct safety briefings with the presence of a MSDDC Government representative. The COR or MSDDC Safety Officer may provide the Contractor with a checklist of safety and security topics to brief the Contractors labor prior to the start of vessel or terminal operations and may also participate in these briefings. Safety briefings conducted by the Contractor will relate to the type of operation (e.g., truck, vessel, rail, yard, crane, etc.), and, at minimum must meet, local authority and/or DoD regulatory guidance, whichever is more stringent. The Contractor shall conduct safety briefings in both English.

Safety briefing shall include the following basic information:

3.7.1 Overall General Safety Requirements

• Work tasks 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, personal flotation devices

(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

3.7.2 Traffic Safety

• Driver distractions (no cell phones)

• Mandatory seat belts 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)

3.7.3 Task or Terminal-Specific (as applicable)

• Terminal and yard configurations, distinctive characteristics

• Safe equipment operation - MHE, vehicles (verify trained/certified/licensed)

• Safe explosives handling procedures - (verify trained/certified/licensed)

• Vessel safety (ramps guards, ramp traffic)

• Ladder Safety

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• 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 all dropped containers/munitions

3.8 Government Safety Briefing. The Government, at its discretion, may conduct safety stand-down briefings when necessary and per local Commander’s guidance. Briefings are typically conducted after a major safety incident and are not conducted in lieu of any other safety briefings. All contractor employees scheduled to work at the time of the briefing shall attend.

The Government will provide time and location information to the Contractor. Briefings may include information from above or other information, per the Commander’s guidance. The Contractor shall be compensated at detention rates in Schedule 3A as established in the SOR.

3.9 Operation of Contractor equipment. The Contractor must maintain and operate all Contractor equipment used during operations IAW applicable local authority, laws and DoD regulations, Army, port, and terminal regulations, directives, instructions, and pamphlets, whichever are more stringent. Cargo damage or injury related to use of noncompliant or improper equipment use will result in immediate non-use of Contractors equipment until replaced or action taken to repair equipment. The Contractor will replace any noncompliant equipment to minimize any delay or hindrance to operations. The Contractor must notify the COR when the equipment is made compliant and before used again.

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

3.10.1 Reportable Accident(s). In all instances where a reportable accident (meets the minimum criteria IAW AR 385-10 & DA PAM 385-40 for ground Class A–D accidents) or incident occurs, Contractor shall submit a preliminary accident investigation report to the COR and SDDC Safety Officer within 24 Hours. The Contractor shall follow-up with a full accident investigation report identifying all root causes and corrective actions provided to the COR and HQ SDDC Safety within 30 Days of when the accident occurred. The Contractor shall also report all accidents or cargo damages that do not meet minimum criteria as stated above to the COR by the end of each shift during the operation.

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

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

3.10.1.3 The Contractor shall assist the Government during any accident or serious

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3.10.2 Preserve Critical Evidence. After an accident or serious incident, Contractor shall secure the accident location and preserve critical evidence. The Contractor shall allow Government personnel access to the location, all evidence, and all contractor-employee witnesses to include operators involved in the accident. Operations will not resume until cleared by the COR, MSDDC Safety Officer, and local authorities.

3.10.3 Reporting Timelines and Requirements

3.10.3.1 Accident Information Required from Contractor Within 8 Hours of Incident:

• Date and time of incident:

• Location of incident:

• Brief synopsis of the accident to include - injured personnel, equipment damaged and description of activity during the incident

• Supervisor name and contact information

• List of employees involved or who witnessed the incident

• Identify extent of injuries and if medical treatment was administered

3.10.3.2 Accident Information Required From Contractor at 24 hours:

• Status of injured personnel

• Pictures of effected equipment

• Training certificates/licenses for personnel involved in incident

• Maintenance records of equipment involved in incidents

3.10.3.3 30 Day (or sooner if investigation is complete) Information Required from Contractor.

• Findings identifying the root cause(s) of the accident

• Corrective actions taken to prevent recurrence

• Follow-on status of any injuries from 24-hour status

• Final incident report from contractor’s safety representative to COR

3.11 Hazardous Spills & Supplies. At no additional cost to the Government, the Contractor shall maintain supplies for emergency response for hazardous spills on public roadways and thoroughfares within the port. The Contractor shall immediately contain the spill and wait for emergency chemical response team to arrive. 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. The Contractor shall clean and dispose of waste materials per environmental standards.

3.12 Posted Speed Limits. The Contractor shall adhere to all installation speed limits “unless otherwise posted” as directed or as defined by the MSDDC Commander and MSDDC Safety Officer. For all MSDDC vessel operations at all terminals/ports, “unless otherwise posted” the

Page | 13 speed limit inside vessel, on vessel ramps, and dock/pier is <5 MPH. In all MSDDC Staging areas, “unless otherwise posted” the speed limit is 10 MPH or less. “Unless otherwise posted” MHE speed limit is 10 MPH or less.

3.13 Manning Traffic Control Points (TCPs). The Contractor shall provide manning for traffic control points to include equipping TCPs with signal devices for day and night operations.

Compensation for TCP’s shall at established man-hour rates schedule 2 of the SOR.

4 GENERAL CONTRACT ADMINISTRATION.

4.1 General contract administration is defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contract are further defined in Section 6.0 –Port - Terminal Specific Requirements (administration).

4.1.1 Port Licensing and Permits. The Contractor or its subcontractors shall possess a valid, and current Business License (BL) as evidence they can provide services at MOTSU. Copies of the BL for the prime and its subcontractors shall be provided to the CO upon request.

4.1.1.1 Subcontractors. The Contractor shall include a clause as part of this contract in all subcontracts to require subcontractors to comply with this PWS and all applicable regulatory requirements of this contract. The Contractor shall include a clause in each applicable subcontract to require subcontractor's cooperation and assistance in accident reporting and investigation. This applies at all tiers of subcontractors.

4.1.2 Union Agreements. The Contractor shall provide to the USG upon award of this contract, current union Collective Bargaining Agreements (CBA), and current year published port tariffs (if applicable). The Contractor shall also furnish updated information about specific changes to union contracts, wage increases, local work rules, or CBAs affecting USG cargo operations IAW the performance of this contract as they become available.

4.1.3 Contract Managers. The Contractor shall provide a contract manager(s) and at least two (2) alternates who shall be responsible for the performance of the work. The Contractor shall provide telephone numbers for each of the contract manager(s) and their alternates where these individuals may be contacted during and after duty hours. The contract manager(s) shall have demonstrated experience in directing and managing longshoring and stevedoring operations. The contract manager(s) and their alternates must be able to read, write, speak, and understand English fluently.

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

4.1.4 Multiple Work Sites. During the performance of this contract, the Contractor will work simultaneous cargo handling operations, at multiple work sites, on MOTSU to include but not limited to working multiple vessel operations (working multiple decks/holds simultaneously), containerization operations, reception and disposition services of rail and commercial trucks, operating staging and call forward areas including designated areas or facilities for washing or fumigating cargo and in-transit/intra-terminal transfers. The Contractor shall have their contract manager(s) or alternates always present at each work site and accessible to the COR. All other

Page | 14 times (i.e., outside cargo operations) the contract manager(s) or designated alternate(s) shall be available to the COR by telephone.

4.1.4.1 The contract manager and alternates shall meet as necessary with the COR to discuss contract performance or other problem areas or issues.

4.1.4.2 The Contractor shall not remove or replace the contract manager or their alternates without informing the COR first.

4.2 Ordering Services. The Contractor shall convey to the COR/OO at post-contract award conference, procedures/time schedules for establishing set cut-off times to order/cancel services that will include its labor and Contractor Furnished Equipment (CFE). All longshoring and/or stevedoring services performed IAW this PWS, will be ordered using a Task Order (TO) system.

Task orders must be assigned a TO number to be valid and issued by an appointed OO to the Contractor and IAW Appendix C.

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

4.2.1.1 The OO’s initial TO estimate will be processed and a Task Order number will be assigned/issued for that TO. Task orders will incorporate terminal services and vessel work separately. Terminal services will be calculated by the documented week (Doc-Week (DW), Sunday – Saturday) and vessel work will be per vessel. Any work performed without a validated, issued TO shall be at the expense of the Contractor.

4.2.1.2 The COR/OO will notify the Contractor of cancelled services by telephone, email, or other communications, followed with a written cancelation notice.

4.2.1.3 No compensation is applicable to the Contractor for services ordered and cancelled prior to the established cancellation cut-off time(s). The USG shall only compensate the Contractor for services, ordered and cancelled after the established cancellation cut-off times only where written labor agreements are established prior with the USG. The Government will not compensate the Contractor for CFE.

4.2.1.4 When Contractor personnel arrive at the work site at the scheduled order time, and services cancelled due to circumstances beyond the control of the USG, the Contractor shall receive the minimum guaranteed time (Schedule 2) (if applicable) of four (4) hours for each class of ordered labor and verified by the COR and OO. For contractor personnel arriving at the work site who were not notified previously (and should have been) by the Contractor, the Contractor shall be responsible for compensation at its own expense.

4.2.2 Verbal request. During any 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 present those written request to the OO within 24 hours of completing each operation.

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4.2.3 Reconciliation and Validation. The COR and the Contractor shall reconcile all services ordered within seven (7) business days of each vessel or DW. The Contractor will review all supporting documentation (logbook, tally sheets, and time sheets). The COR and Contractor shall agree and shall sign (digital or wet signature) the MSDDC Form 288 capturing all commodity, labor and equipment used. The OO will finalize each task order with the COR, accounting for actual Contractor performance within that 7-day period or when practicable after large operations. The OO will submit a “final task order” to G8 for validation, once validated the OO will forward the validated TO to the Contractor for invoicing. The Contractor shall submit an invoice for payment to the COR for certification, and once certified, the COR will submit the invoice for processing.

** NOTE** Any invoice summited to the COR for certification prior to the “dated TO validated by G8” will not processed/certified and returned to the Contractor for reissue.

4.3 Out-of-Pocket (OOP) Expenses. OOP expenses involve the reimbursement of actual payments made by the Contractor to a third-party vendor, supplier, or subcontractor on behalf of the Government.

4.3.1 The Contract must substantiate OOP Expenses by submitting the paid vendor invoice or receipt to COR/OO. OOP expenses will be ordered and reimbursed only for mission related services and materials identified by the COR/OO and ordered on the TO template.

4.3.1.1 OOP expenses do not include expenses inherent to performing Terminal Services. OOP expenses are for the purpose of purchasing new supplies or non-durable goods. The Contractor shall obtain written approval from the CO or COR for each item requested. All such materials or supplies shall become Government property and the Contractor shall recover all serviceable materials and supplies from each operation for reuse 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, additionally administrative fees (e.g., delivery charges or taxes) are allowable OOP expenses and compensation shall be set forth in Schedules 8 of the SOR.

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

4.3.3 3rd Party Logistics (3PL). The Contractor may supplement terminal services with 3rd party services when outside commercial licensed or certified services are needed, examples include but not limited to agricultural vehicle or container pressure-washing services, pest and vegetation control, security services, and for specialized rental equipment. The Government shall reimburse the Contractor for actual cost (vender invoice or receipts required), and for any transportation expenses associated with furnishing ordered materials, equipment, supplies, and 3PL services.

4.3.3.1 The Government may source specialized materials or third-party vendors to support mission readiness at its discretion and may direct the contractor to procure those materials or

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4.4 U.S. Military Training. The USG reserves the right to support or conduct port operations or military port operations training at its discretion, either scheduled or unscheduled.

4.4.1 The USG will inform the Contractor no later than (NLT) 48 hours prior to any scheduled training event or as soon as planning develops.

4.4.1.1 During these training events, the Government may utilize Military or Government civilian personnel for loading and discharging the entire or parts of a vessel and/or conduct routine terminal or other port operations or any part of those operations thereof.

4.4.1.2 The Contractor shall not receive any compensation for cargo handling conducted by the Military during these training events, unless commodity, extra labor, equipment rental, or other facility support services were ordered by the COR/OO, whereby the USG will then compensate the Contractor per established rates in the SOR.

4.4.2 In addition to the above, the Government reserves the right to provide (when applicable) Military drivers to operate/drive/tow (load or discharge to/from the vessel, truck, or rail) Military vehicles, aircraft or other cargo at any time when determined it is the best interest of the Government to do so. During vessel load or discharge, where military drivers or aircraft support staff were provided, the Government will only compensate (commodity or man-hour) the Contractor for all other cargo fully handled by the Contractor.

4.5 Commodity Operations. Cargo is divided into two general commodity categories:

containers and breakbulk. Each category shall be further classified by weight, and method of handling and priced as follows. Please refer to appendix B of the Glossary for further definition).

** NOTE: Listed commodities (below) established for pricing convention for information purposes only and may or may not be handled at MOTSU.

• Commodity 20 - Explosives Class 1 commodities packed on/in pallets, crates, boxes, shall be priced/paid by Measurement Ton (MTON) and shall include explosive rates.

• Commodity 25 - Explosives Class 1 single Containers 20’or 40’ in length or multiple knuckled containers configured into (ONE) Twenty Foot Units (TEUs), shall be priced/paid as each (EA) and shall include explosive rates.

• Commodity 40 - Breakbulk Non-Explosive items shall be priced/paid by MTON, those items loaded under explosive conditions shall be paid at commodity 20 explosive rates.

• Commodity 45 - Non-Explosive and/or Hazardous Classes 2 through 9 Containers 20’or 40’ in length or multiple knuckled containers configured into Twenty Foot Units (TEUs), shall be priced as each (EA). Those containers loaded under explosive conditions shall be paid at Commodity 25 rates.

4.5.1 Commodity Rates. The Contractor shall provide an all-encompassing commodity rate for each commodity listed above, i.e., all commodity rates shall include but not limited to the

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• Management & Supervision

• All planning activities

• General labor, Skilled labor, Skilled drivers, and Stevedore & Longshoremen

• CFE i.e., MHE, gear, mechanics tools (manual & air), shop equipment, rigging, spreader bars, slings, wire rope, hooks, shackles, straps, and Military style slave cables & tow bars (assorted sizes).

• Ground transportation: i.e., trucks, van, buses, contact maintenance vehicle, tow-vehicles (driver included)

• Materials and miscellaneous supplies (PPE, dunnage, and hazardous collection or cleanup supplies)

• Cargo accountability, inspections, lashing inspections

• Checking & Tallying (i.e., scanning, documentation, and foot printing cargo),

• Housekeeping (vessel, piers, yards, lots, and contractor facilities)

• Yard and cargo management

4.5.1.1 The Contractor shall assume all military operations, work performed during regular workday schedules, IAW hours of operations (per Section 6.4 below). However, the Contractor shall be ready and willing to provide S&RTS 24hrs per day, 7 days per week, and 365 days per year.

4.5.2 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 Contractor owned Equipment Rental Rates (EQR) as established in Schedule 2 and 4 in the SOR, whereas the COR/OO at their discretion shall order Contractor labor and equipment.

4.5.2.1 If the COR determines it is necessary to establish additional commodity rates, the COR will advise the CO for a SOR modification for the remaining period of the contract.

4.6 TABLE 1— Cargo Handling (Services) Operations

**NOTE: The Government refers to the following cargo handling (definition) the table does not define each as separate billable item(s). Example: Schedule 1A1 - Loading Vessel, loading cargo on a vessel will inherently include moving cargo from its place of rest (regardless of method) and stowing it aboard the vessel, at designated stow location, this includes but not limited to driving, towing, lifting, or draying the cargo aboard the vessel, lashing/securing/tiedown, lashing inspections, checking & tallying cargo and its documentation, debris removal, housekeeping, and reconciling the operation with the COR.

Services Description

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

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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 destination.

Stuffing The act of loading cargo inside a container, or onto flat-racks, Container Roll-In/Roll-Out Platforms (CROP), from its final place of rest

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

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

4.7 Guaranteed Time, Standby Time, and Detention.

4.7.1 Guaranteed time. Guaranteed time, defined as minimum work guaranteed per published Collective Bargaining Agreements rates. The Government shall pay guaranteed time to the Contractor when work is no longer available. Guaranteed time is in addition to any commodity rates during a commodity operation, the Contractor’s time will be captured by the COR on the MSDDC Form 288 as “Guaranteed time” (GT) whereas the Contractor will be compensated at the established rates in Schedule 2 of the SOR. (e.g., CBA minimum work time is (4) hours whereas operation last only two hours. The Government will pay the difference of two hours guaranteed time using hourly base rate per class of labor).

4.7.1.1 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 but the Contractor is unable to provide sufficient personnel to conduct the operation or when labor refuses to perform the services for which ordered.

4.7.1.2 The Government shall not pay guaranteed time separately to any class of labor working commodity in conjunction with other classes of labor until completion of the commodity activity; nor…