Attachment 1 - PWS - Klaipeda Lithuania 01 Dec 2022.pdf

Attachment 1 – Performance Work Statement Amended 01 December 2022

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES (S&RTS)

REPUBLIC OF LITHUANIA

PORT OF KLAIPEDA

KLAIPEDOS SMELTE TERMINAL

For

838th TRANSPORTATION BATTALION

BALTIC SEA DETATCHMENT

31 October 1 December 2022

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 14

5.0 Contractor General Requirements 29

6.0 Terminal Specific Requirements 45

Contract Performance Requirements Summary (PRS) Table 59

Appendix A Regulations, Publications, & Forms 65 Appendix B Glossary of Terms 69 Appendix C Payment Instructions 81 Appendix D List of Acronyms & Abbreviations 85 Appendix E Vendor Threat Mitigation 87

Section 1

1. BACKGROUND AND SCOPE

1.1 Background. The Military Surface Deployment and Distribution Command (MSDDC), headquartered at Scott AFB, IL is an operational-level Army force designated by the Secretary of the Army (SECARMY) as the Army Service Component Command (ASCC) of the United States Transportation Command (USTRANSCOM) and a major subordinate command of Army Material Command (AMC). MSDDC is responsible for providing coordination worldwide for origin to destination surface traffic management support; coordinates surface and multimodal transportation contracted functions for all Department of Defense (DoD) (and other U.S.

Government (USG) entities, as authorized, and designated multinational, and interagency elements). Since its establishment in 1965, MSDDC has played a vital role in our nation’s defense by providing support to the warfighter to every war, major contingency, training exercise and humanitarian relief operations where our Military forces are needed and deployed.

1.2 Scope. Provide Stevedoring and Related Terminal Services (S&RTS) in the Republic of Lithuania, Port of Klaipeda, Klaipedos Smelte Terminal (KST) in connection with the Import and Export of United States - Defense Transportation System (US-DTS) sponsored Military cargo.

1.2.1 S&RTS will cover the full spectrum of USG Military cargo (e.g., vehicles/trailers (up 150,000lbs), breakbulk, aircraft, general containers, hazardous materials, as well as sensitive, controlled, and/or other DoD cargo handled at KST through all modes of transport transitioning through the seaport as designated by the Contracting Officer (CO) or their appointed Contracting Officer’s Representative (COR).

**NOTE: Subsequent references to the COR throughout the PWS will also assume the Alternate Contracting Officer’s Representative (ACOR) as well, unless otherwise specified

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

1.2.1.1 Operational tasks and shall include but not limited to providing all stevedoring and longshoring services i.e., labor & equipment required to conduct all vessel and commercial truck & railcar loading & discharging of US Military cargo i.e., cargo reception and disposition, cargo management, staging yard management, intra port transfers, cargo prep, vessel lashing/unlashing, cargo cleaning, and documenting, checking & tallying all cargo.

1.2.1.2 S&RTS services also include physical security, and facility support, e.g., staging space, office space, office supplies, sanitation, and provide documentation/reports for port operation expenses & reconciliation of services, and handling and/or warehousing/storage of USG provided dunnage and miscellaneous materials and other port related miscellaneous requirements as outlined in this PWS.

1.2.2 All services in accordance with (IAW) the PWS require task Order (TO) approval from the Contracting Officer (CO) or their appointed Contracting Officer’s Representative (COR) for all work, services, or other terminal operations for which a TO number and ordering template will be issued. The Contractor will assume all expenses for any work performed outside of/or without written authorization.

2. GENERAL SECURITY REQUIREMENTS.

2.1 General security requirements of the Contractor defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contact, further defined in Section 6.2 – 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 USG systems; therefore, personnel are not authorized to obtain a USG or DoD Common Access Card (CAC) or Alternative Smart Card Logon (ASCL) tokens.

2.3 Ground Rules and Constraints.

2.3.1 Personnel Screening. Contractor shall ensure its employees meet U.S. Government guidelines regarding foreign national employment by screening all employees for indications of criminal, terrorism, or threat-related activity or alliances detrimental to the United States of

America or its host nation.

2.3.1.1 The Contractor shall not employ any person under this contract convicted of any of these offenses or who presents any of these unfavorable behaviors or is simultaneously an employee of the USG. Anyone refusing screening shall result in their denial of working on this contract. If employment or continued employment of any Contractor employee is prejudicial to the interests or endangers the security of the United States of America, the Contractor shall make the necessary changes to remove those employees from interacting or engaging with US personnel.

2.3.2 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 Government operations.

2.3.3 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.

2.3.4 Security Regulations. The Contractor shall read, understand, and comply with applicable the Department of Defense (DOD) security regulations, policies, and procedures and brief/train its employees for access to USG areas of operations.

2.3.4.1 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, facility or installation access control processing requirements.

2.3.4.2 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.

2.3.5 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 the course of the contract period. The Contractor receiving award of this task order shall make any changes necessary in the appointment(s).

2.3.6 Operations Security (OPSEC). Information provided during the course of performance shall only be released to personnel/entities who are providing specific services in support of the contract. The contractor shall implement appropriate safeguards to mitigate against the release of said information to third parties external to the transportation and logistics enterprise without prior permission. The Government and contractor shall operate in concert to sanitize transportation related information in order to provide only the most basic elements required to satisfy the requested service. In any case where there is uncertainty or ambiguity with regard to OPSEC protocols, the contractor shall consult the COR and/or Contracting Officer for resolution.

2.3.7 Threat-related incidents. Persons employed by Army contractors 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 Security Service.

2.3.8 Vendor Threat Mitigation. 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 USG 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 all commodity operations/rates established in the SOR.

2.3.9 Vehicle Identification. The Contractor shall obtain port/terminal access clearance for any vehicles used in performance of this contract. The Contractor will submit a comprehensive list of vehicles required during the duration of this contract immediately upon award to the COR in order to obtain access clearance. The list shall identify vehicle type, license plate, and owner/ company name. Personally Owned Vehicles (POV) shall not be authorized in an 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.

2.3.10 Security Regulation & Compliance. 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/ACOR, must ensure all personnel information collected, maintained, used or disseminated is relevant and necessary to accomplish the Contract. Contractor will collect information to the greatest extent practicable directly from and inform the individual of the reason collection of the information is required; authority for collection; who and for what purpose; whether disclosure is mandatory or voluntary; and the impact of not providing the information. Contractor and COR/ACOR 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 host nation, DoD and Army Privacy Act regulations, whichever is more stringent.

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 each port where military operations is being performed. The Contractor’s management shall ensure compliance with this requirement.

3 GENERAL SAFETY REQUIREMENTS.

3.1 General Safety Requirements of the Contractor defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contact 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 host nation, international, 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 at all times while working any USG operation on the port, terminals or vessel(s).

3.2.1 Safety Stop. The USG reserves the right to call “safety stop” of the Contractor’s operations when/if the Safety Officer, COR, or other USG representative observes or reports unsafe practices, safety infractions or safety violation(s); whereas harm to life, damage to property, or unsafe practices are present/possible. The COR shall inform the contractor to “stop work” directing the contractor to “stand-by”. The Contractor’s operations shall not resume until all practices, infraction or violations have been addressed and corrected and/or revises their methods of operation to correct the safety issue and brings together all personnel for a safety briefing to the 838th Safety Officer or their representative satisfaction. The USG will not compensate the Contractor for any time spent on “stand-by” or lost time incurred due to safety violation/infraction. The USG may hold the Contractor liable for any costs incurred to the USG, resulting from operations halted due to the Contractor’s 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 CFE i.e., MHE, to include all cranes (ship or shore). The Contractor shall adhere to all safety requirements when lifting cargo.

3.3.1 Personnel Protective Equipment (PPE). The Contractor shall ensure all Contractor personnel, to include Subcontractors, wear proper PPE, to include but not limited to safety vest, 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 a minimum, wear hard hats aboard vessel(s), wharves, terminal warehouses, rail yards and open storage/staging areas when in and around US Military cargo.

3.4 Shift Change. 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 other work.

Exceptions to the above shall be at the 838th, Commander’s discretion, and decision whether contracted labor may work beyond this requirement, the USG shall base its decisions upon mission time restraints, and safety risk assessments.

3.5 Emergency Response Plan. The Contractor shall provide a comprehensive safety and security “Emergency Response Plan (ERP) within five (5) days of award. The plan will clearly outline procedures for emergency HAZMAT cleanup, or Petroleum, Oils and Lubricants (POL) spills from Military cargo shipments, or leaking CFE (e.g., forklifts, tugs, or 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 its own, the Contractor shall immediately arrange for outside emergency response personnel who specialize in spill containment and clean up. The Contractor shall pay for the entire cleanup and property damage resulting from the leaking Contractor’s CFE or leaks or spills caused by the Contractor’s negligence, which caused damage to USG cargo shipments. The Contractor shall comply with hazardous spill procedures in the ERP.

3.5.1 Environmental Compliance Officer. The Contractor shall provide a qualified Contractor employee who shall be the Environmental Compliance Officer (ECO) for hazardous materials (HAZMAT) handling. This employee shall be trained 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 all commodity operations/rates established in the SOR.

3.5.2 Leaking Cargo Shipments. For Military cargo leaking POL or hazardous substances not caused by Contractor’s damage, the Contractor shall not be responsible for the cost of clean-

up. 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 POL or any hazardous substances. The Contractor shall be responsible for the additional clean-up at its own expense after moving any cargo leaking or spilling POL or any hazardous substances. For leaks not caused by Contractor’s damage, the USG will compensate the Contractor for clean-up of spills at established extra labor and equipment rates, and for materials used in the process of the clean-up.

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 shall be tracked by the Contractor and reported to the COR.

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. A written Spill Contingency and Response Plan (SCRP) 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 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.

3.5.5 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 POL’s. At the Contractor’s expense, the Contractor shall provide containment devices of various sizes when required for temporary and permanent storage facilities that retain POL substances, hazardous materials, and hazardous wastes (i.e., - new or used – oils, fuels, lubricants, solvents, batteries, acids, paints, antifreeze, and/or oily rags, 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 When hazardous materials are required to be stored, The Contractor shall coordinate or provide the use of proper hazardous storage cabinets, bins or tanks. The Contractor shall provide to the COR and Port Safety Officer (PSO) a current inventory sheet and associated Material Safety Data Sheet (MSDS) for all hazardous materials being stored.

3.6 Operating/Driving USG Military Vehicles and Familiarization. The Contractor’s skilled driver/operator pool assigned to operate USG military vehicles in the performance of this contract will comply with the licensing requirements of the United States (US) and/or applicable Australian motor vehicle laws. The Contractor shall certify (at the Contractor’s expense), all operators/drivers as being fully qualified to operate any of the USG’s military vehicles by which they are qualified to drive IAW Army Regulation (AR) 600-55, The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing. At minimum, contractor personnel operating/driving USG Military vehicles shall be familiarized:

Basic hand and arm signals Emergency stopping procedures Start-up and shutdown procedures for all types of vehicles Location of controls, battery switches, and breaking Demonstration of vehicle blind spots Preventive maintenance checks and services (PMCS)

3.6.1 Vehicle Operator. The Contractor must document all required operator qualifications and provide this documentation to the COR within two (2) days of contract award.

3.6.1.1 All Contractor personnel operating/driving USG Military vehicles oversized, overweight, wheeled or track vehicles, shall have in their possession minimum Light Rigid Driver's License (LR) (at driver’s expense)), or Heavy Combination (HC) or Multi Combination (MC) license.

with hazardous material endorsements prior to that operator/driver engaging in the operation of USG military vehicles.

3.6.1.2 In order to help maintain Contractor driver pools the 836th Trans Bn. shall provide “familiarization” training available onsite, the Contractor’s designated operators/drivers shall attend those training events, whereas the USG shall compensate the Contractor for all vehicle operators/drivers attending at XL rates per schedule 2 of the SOR. The Contractor shall ensure that sufficient pools of vehicle operators are available to operate USG Military vehicles within the confines of the port (29 CFR 1917) as required. Familiarization training on USG Military 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.

3.6.2 New Vehicle Models. At times, the USG may have field service representatives or vendor training onsite for new vehicle modeled equipment. The USG will identify and provide vehicle-specific training requirements for the Contractor’s vehicle operator/driver to attend. The COR will coordinate the training events with the Contractor to ensure maximum participation.

The Contractor’s labor shall participate at XL rates as established in Schedule 2 of the SOR.

3.6.3 Commercial Truck Drivers. The Contractor shall ensure drivers of commercial motor vehicles have a valid HC/MC appropriate to the type of equipment they operate when picking up Military cargo considered HAZMAT, to include Arms, Ammunitions and Explosives (AA&E).

The Contractor shall ensure and document each commercial truck driver has been licensed and with the appropriate HAZMAT endorsement (if applicable) before releasing cargo.

3.6.3.1 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 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 USG.

3.6.3.2 The Contractor shall not use ammunition and explosives laden MHE or vehicles for/during operator/driver training at any time.

3.6.4 Hazardous Material (HAZMAT) Certification. The Contractor shall provide as part of this contract (at contractor’s expense) two (2) POCs with HAZMAT certification for oversight in handling hazardous cargo IAW 49 CFR Part 172.704(d) for each operation and port location when handling HAZMAT cargo. The POC shall 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 DESR 6055.09, DEFENSE EXPLOSIVES SAFETY REGULATION when handling ammunition and explosives. The Contractor’s personnel shall meet the qualification for personnel who pack dangerous goods, load/unload cargo transport units, handle dangerous goods in transport, and load/unload dangerous goods into/from ships as specified in 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 workday of those operators/drivers assigned to handle vehicles, HAZMAT, or ammunition-laden cargo per each operation. The list shall include a statement from the Contractor verifying that individuals performing these driving functions comply with All Army Activities (ALARACT) Message 069- 2014 and AR 600-55. The USG 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. For any person found non-compliant, the Contractor shall remove that operator/driver from handling cargo, and the incident shall be reported to the COR who will report the incident in the monthly performance report.

3.7 Contractor 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 operations and at each shift change. The Contractor shall provide a mandatory safety briefing to new personnel as they are added. The Contractor shall conduct safety briefings with the presence of a MSDDC USG representative. The COR or MSDDC Safety Officer may provide the Contractor with a checklist of safety and security topics to brief the Contractor’s labor prior to the start of vessel or terminal operations and may also participate in these briefings. Safety briefings conducted by the Contractor shall relate to the type of operation (e.g., truck, vessel, rail, yard, crane, etc.), and at a minimum, must meet local authority and/or DOD regulatory guidance or host nation requirements. The Contractor shall conduct safety briefings in both English and, as applicable, in the Host Nation local language. Safety briefings 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) Seat belts (mandatory) 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 CFE operation (MHE & vehicles (verify trained/certified/licensed)) Safe explosives handling procedures (verify trained/certified/licensed) Vessel safety (ramps guards, foot traffic on vessel ramps, vessel speed limits) 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) Reporting of all dropped containers/munitions

3.8 USG Safety Briefing. The USG, at its discretion may conduct additional safety briefings when necessary and per local Commander’s guidance. The USG’s safety briefing may include information from above or other necessary Command-related information or on additional safety concerns. Compensation for the Contractor’s labor shall be placed on stand-by time and compensated per schedule 3A of the SOR. No compensations shall be made to the contractor for “safety Stop/violations”.

3.9 Operation of Contractor Furnished Equipment (CFE). The Contractor shall maintain and operate all CFE i.e., MHE used during Military operations IAW applicable local port authority laws, DOD regulations, directives, instructions, and Modal Instructions (MI), whichever are more stringent. Cargo damage or personnel injured due to or related to the use of non-compliant or improper CFE use will result in immediate non-use of CFE until replaced or action taken to repair equipment. The Contractor shall replace any non-compliant equipment to minimize any delay or hindrance to Military operations. The Contractor shall notify the COR when the equipment is made compliant and before its use is approved.

3.10 Damage, Accident, and Loss Reporting. The Contractor shall immediately notify the COR of any incident and/or accident that results in injury or death to any personnel, damage to cargo or property, or hazardous spills or leaks, during or arising from performance under this contract. The Contractor shall submit accident investigation reports to the COR and MSDDC Safety Officer within 24 Hours and 30 calendar Days as applicable.

3.10.1 Reportable Accident(s). The Contractor shall report all accidents or cargo damaged to the COR immediately. 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, the Contractor shall submit a preliminary accident investigation report to the COR and MSDDC

Safety Officer within 24 Hours. The Contractor shall use the Cargo Discrepancy Report (TDR Form 361) for damage estimated at $2,000 or less. The Contractor shall use the DA Form 285 for damage estimated to exceed $2,000 A full accident investigation report identifying all root causes and corrective actions shall be provided to the COR, the COR will forward to HQ MSDDC Safety within 30 calendar days. The Contractor will also report all accidents or cargo damages that do not meet minimum criteria 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 CFE involved in any accident or incident involving injury.

3.10.1.3 The Contractor shall assist the USG during any accident or serious incident investigation.

3.10.2 Preserve Critical Evidence. After an accident or serious incident occurs, the Contractor shall secure the accident location and preserve critical evidence. The Contractor shall allow USG personnel access to the location, all evidence, and all Contractor-employee witnesses, to include operators involved in the accident. The Contractor shall ensure that operations do 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 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 affected equipment Training certificates/licenses for personnel involved in incident Maintenance records of equipment involved in incidents

3.10.3.3 30 - Calendar Days (or sooner if investigation is complete) Information required from the 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 USG, 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 the emergency chemical response team to arrive. At no additional cost to the USG, 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 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 port speed limits as directed or as defined by the MSDDC 838th Battalion Commander or their Safety Officer. For all MSDDC vessel operations at all terminals/ports, the maximum speed limit inside a vessel, on vessel ramps, and on the dock/pier is <5 MPH. In all MSDDC staging areas, the maximum speed limit is 10 MPH or less. All CFE-MHE speed limit is 10 MPH or less.

3.13 Vehicle Safety. During all operations, the Contractor shall not, leave any USG vehicle unattended when the engine is running, or when the vehicle/trailer brakes are not operational.

3.13.1 Vehicles with air braking systems that have been determined to be inoperable (i.e., air system have been compromised, brakes have been caged or considered freewheeling) must not, be left unattended. Vehicles in this condition must be labeled clearly on all sides “NO BRAKES.” Vehicles parked in staging lots shall have all wheels or tracks chocked blocked.

3.13.2 All CFE shall have mounted fire extinguishers and a first aid boxes with an up-to-date inspection sticker/documentation, inspected monthly.

3.13.3 During vessel operations, the Contractor shall not let vehicles to remain idle across watertight door areas. Maintain only one vehicle at a time, moving on vessel ramps, and test vehicle brakes before moving any vehicle. The Contractor shall provide ramp guards stationed at vessel ramps to direct traffic, monitor foot traffic, and alert personnel when vehicles are traversing ramps, all ramp guards are required to have whistles. Compensation for services defined in this paragraph are included in all commodity operations/rates established in the SOR.

3.13.4 From time to time, the Contractor will be required to move oversized cargo or equipment outside of the terminal to other staging facilities that require them to drive on public roads. All drivers must be properly licensed (class A/B or host nation equivalent if applicable) by the state to drive USG-owned equipment on public roads. It’s the responsibility of the Contractor to make sure its personnel/drivers have complied with state or host nation laws at their expense.

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

Compensation for services defined in this paragraph are included in all commodity operations/rates established in the SOR.

3.14.1 Traffic Cones. When ordered by the Ordering Officer (OO), the Contractor shall provide traffic cones for the control of traffic routes, staging yards, and foot traffic aboard the vessel. Traffic cones shall be standard size 60-80cm, bright red or green in color, and weighted to prevent being knocked over. The Contractor shall supply traffic cones in lots of 25ea.

Compensation for traffic cones shall be at established rates in schedule 6 of the SOR.

4 GENERAL CONTRACT ADMINISTRATION.

4.1 General contract administration defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contract further defined in Section 6.4 – Port - Terminal Specific Requirements (administration).

4.1.1 Port Licensing and Permits. The Contractor or its named Subcontractor shall possess a valid and current stevedoring and shore handling licenses (longshoring) issued by the designated port where USG cargo is being imported or exported as evidence the Contractor or its named Subcontractor(s) has legal right to work in/at the Port of Klaipeda, KST, Lithuania. The Contractor shall provide documentation/copies (Prime and Subcontractor(s)) to the CO/COR for record within two (2) calendar days upon award this contract.

4.1.1.1 Subcontractors. The Contractor shall require Subcontractors to comply with all applicable regulatory requirements of this contract. The Contractor shall include a clause in each applicable subcontract, requiring the Subcontractor's cooperation, acknowledgement, and understanding of the PWS, and their assistance in accident reporting and investigation.

4.1.2 Labor Rules, labor Agreements and Port Tariffs. The Contractor shall submit copies at time of award of this contract to the USG all current labor rules or labor agreements (if applicable), and current year published port tariffs (English version). The Contractor shall also furnish updated information about specific changes to local work rules, labor agreements, and new port tariffs affecting USG cargo operations IAW the performance of this contract as they available.

4.1.2.1 The USG will not pay for or reimburse the Contractor for usage of port staging/storage free time, customs duties, taxes, and similar charges for which no services are received. The USG will only pay port tariffs fees/charges where the USG has requested and received services.

The contractor will not include such taxes, duties, customs fee, free time, excise fee/tax, inspection fee, bond, or the like for which the USG in any of its rates. If the Contractor pays a tax, duty, customs fee, excise fee/tax, inspection fee, bond, or the like for which the USG is exempt, the Contractor is not entitled to reimbursement.

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 the contract, the Contractor shall work simultaneous cargo handling operations, at multiple work sites, on/at multiple port locations to include, but not limited to, working vessel(s) operations (working multiple decks simultaneously), reception and disposition services, commercial truck(s), and staging yards. The Contractor shall have their contract manager(s) or alternates always present at each work site and accessible to the COR. At any other time (e.g.., outside cargo operations) the contract manager(s) or designated alternate(s) shall be available to the COR by telephone/email.

Compensation shall be inclusive all commodity rates.

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.

4.2 Ordering Services. The government shall establish written procedures in advance for ordering all longshoring and/or stevedoring services. The government shall also set cut off times, on or before which ordered services may be cancelled without liability of any kind. These procedures and cut off times shall be provided within 2 days of contract award. All longshoring and/or stevedoring services performed IAW this PWS will be ordered using a Task Order (TO) system. Task orders will be assigned a TO number and issued by an appointed Ordering Officer (OO) to the Contractor and IAW Appendix C, Payment, Ordering, and Invoice Instructions.

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” TO estimate identifying all services agreed upon prior to the commencement of the associated mission.

4.2.1.1 The OO’s initial TO estimate will be processed and a Task Order number will be assigned/issued by G8 for that TO. Task orders will be issued for Dock Week (DW) services and Vessel Operation services separately. Dock Week orders will be formulated for all terminal services to be provided during a specific week (Sunday – Saturday).

4.2.1.2 Vessel work will be by separate vessel Voyage Document (VoyDoc) number (load (P) and discharge (F)) per vessel). Any work performed without a TO shall be at the expense of the Contractor.

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

4.2.1.4 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. The Government will not compensate the Contractor for CFE.

4.2.1.5 In those instances wherein Contractor personnel arrive at the work site at the scheduled order time and services are subsequently 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. Contractor personnel arriving at the work site that wasn’t notified previously 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 verbally identify additional labor, services or equipment needed to the Contractor when necessitated by the operation and issue a signed written request. The COR shall present those written requests to the OO within 24 hours of completing each operation.

4.2.3 Reconciliation and Validation. The COR and the Contractor shall reconcile all services ordered within seven (7) calendar days of mission completion. The Contractor will review all supporting documentation (logbook, tally sheets, MSDDC 288 and paid receipts). 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 the (7) seven-day period following mission completion. The OO will submit a “final task order” to G8 for update. The OO will then forward a copy of the validated FINAL task order to the Contractor for invoicing. The Contractor shall submit an invoice for payment to the COR for certification within 7 calendar days after receiving final TO, whereas the COR will validate & certify the Contractors invoice for processing within 7 days of receipt.

** NOTE** Any invoice summited to the COR for certification prior to the “validated final TO by MSDDC G8” will be immediately returned to the Contractor for corrective action/reissue.

4.3 Out-of-Pocket (OOP) Expenses. OOP expenses involve the reimbursement of actual invoiced cost made by the Contractor to a third-party vendor, supplier or subcontractor for supplies, materials, or other services sourced on behalf of the USG.

4.3.1 Vendor Invoice or Receipt. The Contractor shall substantiate OOP Expenses by submitting the paid vendor invoice or receipt to the COR/OO. OOP expenses will be ordered and reimbursed only for mission related services, supplies, or materials identified by the COR/OO and ordered by written request to be added too or pre-ordered on the TO template.

4.3.1.1 OOP expenses do not include expenses inherent to performing S&RTS commodity work.

OOP expenses are for the purpose of purchasing as needed new supplies or non-durable goods on behalf of the USG. The Contractor shall provide to the COR/OO three (3) written estimates for all materials, supplies, or rental equipment prior to the purchase or its rental for COR/OO approval.

4.3.1.2 The Contractor shall obtain written approval from COR or OO prior to the purchase of all goods & services considered. Whereas the COR shall seek CO approval for all OOP expenses exceeding $3500.00.

4.3.2.3 The Contractor shall provide 3PL/subcontracted services that include, but not limited, to agricultural vehicle or container pressure-washing services, pest and vegetation control, security services, vehicle or aviation fuel service, and specialized rental equipment. The USG will reimburse the Contractor for actual cost (vendor invoice or receipts required), and for any transportation, surcharges, expenses associated with furnishing ordered materials, equipment, supplies, and/or subcontracted services.

4.3.1.4 The USG may source specialized materials or subcontracted vendors to support mission readiness at its discretion, for the Contractor to procure those materials or services on its behalf.

4.4 Military Training. The USG reserves the right to support or conduct 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 USG may utilize U.S. Military or USG 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 USG reserves the right to provide Military drivers to operate/drive (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 USG to do so. During vessel or truck loading or discharging, where military drivers or aircraft support staff were provided, the USG will only compensate the Contractor for services (if provided e.g., lashing, or unlashing per schedule 1A1a/1A2a) for those vehicles or aircraft (if applicable) operated/driven by the U.S.

Military or civilian personnel. All other Commodity rates shall apply for all other cargo fully handled by the Contractor.

Commodity 35 – Aircraft.

Commodity 40 – Breakbulk. (boxes, creates, palletized or non-palletized cargo) Commodity 44 – Containers - Non- Explosive, less than twenty foot in length (i.e., ISUs, Bicons, Tricons, Quadcons).

Commodity 45 – Containers - Non- Explosive - 20’and 40’ lengths or multiple knuckled smaller containers configured into Twenty Foot Units (TEU).

Commodity 60, 61, and 67 – Vehicles and Trailers - Classified by weight class.

4.5.1 Commodity Rates. The Contractor shall provide an all-encompassing commodity rate for each commodity type listed above, and commodity schedules (see appendix B) e.g., all commodity rates shall include all of the below but not limited to the following: (see requirements throughout the PWS)

Management & Supervision All planning activities General labor, Skilled labor, Skilled drivers, and Stevedore & Longshoremen Contractor Furnished Equipment (CFE) i.e., Material Handling equipment (MHE) and its driver/operator, 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 Materials and miscellaneous supplies (PPE, dunnage, POL, fuel, and hazardous collection and/or cleanup supplies) Cargo accountability, cargo inspections, lashing & unlashing cargo and lashing inspections for rail and vessel movement Checking & Tallying (i.e., runners, scanning, documentation, foot printing) Timekeeping, tally sheets, logs/logbooks, cost data, Cargo management (i.e., towing, contact maintenance, safety/environmental) Housekeeping (e.g., vessel, yards, lots, warehouse, and facilities) Staging yards and cargo management (i.e., cargo consolidation, frustrated)

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

4.5.1.2 In addition, commodity rates, are intended as one time movement of cargo, (e.g., from its staged location (point of rest), moved to the final point of stow onboard the vessel, “or” from the stowed location onboard the vessel to its designated final point of rest per the USG staging plan) or from point of rest to/from commercial truck. Other than for checking and tallying cargo, cargo consolidation, stopping the flow of cargo from “staging to vessel/truck/rail” or from vessel/truck/rail to staging is for the convenience of the Contractor and at contractor expense, the USG will not pay additional cost associated to double handling the USG’s cargo unless approved by the COR in advance.

4.5.2 Pricing. Pricing…