Attachment 1 - Performance Work Statement (PWS)_Gulfport 23JAN25.pdf

RFP HTC711-24-R-R012: Attachment 1

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

PORT of GULFPORT, MISSISSIPPI

Military Operations Terminal

842ND Transportation Battalion as of 1-22-25

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 9

5.0 General Contractor Requirements 26

6.0 Terminal Specific Requirements 50

Deliverable Table 59

Contract Performance Requirements Summary (PRS) Table 65

Appendix A Regulations, Publications, & Forms 70

Appendix B Glossary of Terms 75

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. The Military Surface Deployment and Distribution Command (MSDDC), headquartered at Scott AFB, IL is an operational-level Army force designated by the Sectary 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 DOD (and other U.S. Government 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 of Service. Provide Stevedoring and Related Terminal Services (S&RTS) at the designated primary seaport of: Port of Gulfport located in Gulfport Mississippi, in connection with the import and export of Defense Transportation System (DTS) sponsored and non-sponsored cargo. all tasks shall be completed per requirements stated through the Performance

Work Statement (PWS) and in a manner consistent with the “Safety and Customer Service in

Mind”.

1.2.1 S&RTS services will cover the full spectrum of managing US Military cargo (e.g.

containers, vehicles, breakbulk, and rotary or fixed wing aircraft) transitioning through designated island seaport(s). Operational tasks and shall include but not limited to all stevedoring and longshoring required for vessel, truck and rail loading & discharging, port reception and disposition, cargo management staging, intra port transfers, cargo prep, tallying & checking, warehousing dunnage and tiedown materials.

1.2.1.1 Contracted services shall include the capability to work multiple vessel(s) and vessel decks simultaneously, primarily at the Port of Gulfport MS, as well as in conjunction with operations at within those ports/terminals as described in this PWS’s Area of Responsibility

(AOR) 24-hours a day, seven (7) days per week, and 365 days per year (see section 6 for port location).

1.2.1.2 Cargo shall consist of Military vehicles up to 150,000lbs, shipping Containerized and

Breakbulk cargo, all sizes of non-explosive shipping containers, and all classes of hazardous materials, as well as sensitive, priority, and/or other general DOD cargo handled through transport vessel, Commercial Line Haul (CLH), Rail services, and by Military convoy.

1.2.1.3 All services in accordance with (IAW) the PWS shall require approval from the

Contracting Officer (CO) or their appointed Contracting Officer’s Representative (COR) and

Ordering Officer (OO). Work performed without authorization shall be at the Contractor’s expense.

1.2.1.4 The Contractor shall provide everything needed to provide stevedoring and longshoring service i.e., Material Handling Equipment (MHE), materials, supplies, supervision/management, and sufficient amounts of qualified general & skilled labor to satisfy the full scope of operating seaport(s), piers, and terminals 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 rate, 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 for which a task order ordering template will be issued. The Contractor shall assume “all expenses” for any work performed outside of ordered services or without prior written authorization from the COR/OO.

**NOTE: Subsequent references to the COR throughout the PWS will also assume the

Alternate Contracting Officer’s Representative (ACOR) as well, unless otherwise specified.

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 contract 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 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 ensure all employees (to include any subcontractors) working with or on this contract, must 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

(USA).

2.3.1.1 The Contractor shall not employ any person under this contract associated to or convicted of any of these suspicions or offenses (listed above) or who presents any unfavorable behaviors or is simultaneously an employee of the US Government (USG). Employees or subcontracted employees refusing screening shall result in denial of applicant’s employment associated to this contract. If employment or continued employment of any Contractor employee/subcontractor is prejudicial to the interests or endangers the security of the USG, the Contractor shall make the necessary changes to remove those employee/subcontractors from interacting or engaging with

US personnel.

2.3.2 Completed Screening. Once the screening process is completed the results, will be submitted to the 842nd Battalion for review/vetting through the 597th Transportation Brigade

S-2 to ensure investigative and clearance requirements were obtained before the contracted start date of the contract. Any further derogatory information found may result in access denied.

Screening will be completed prior to any badge issuance. Screening maintains compliance with enhanced force protection measures through document examination, verification, biographical, and security interviews. Applicants denied access due to derogatory information may file an appeal to the Contracting Officer and 597th for review.

2.3.3 Persons Excluded from the Premises. The Contractor shall not allow any person(s) banned by any authority from the premises to have access to terminal facilities, equipment, or other material related to Government 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 areas as designated by the COR.

2.3.5 The Contractor personnel shall read and comply with applicable the Department of

Defense (DOD) security regulations, policies, and procedures for access to installations and facilities.

2.3.5.1 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.

2.3.5.2 Upon termination or completion of this contract, the Contractor shall surrender all

Government supplies, materials, and equipment to the COR. In addition, the Contractor shall turn in any security badges issued to the COR on the last day of the contract or upon any termination/reassignment of a contract employee.

2.3.6 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 from Military operations.

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 contract shall make any changes necessary in the appointment(s).

2.3.6.1 The Contractor’s personnel will immediately be escorted off the premises. The contractor shall ensure the roles/privileges assigned to contractor employees on the Government computing platforms are limited to the roles/privileges essential to that individual’s performance of his/her assignments. These roles/privileges can be limited or revoked by the Government for any reason.

2.3.7 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.

2.3.8 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.

2.3.9 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 rates established in the SOR.

2.3.10 Base access. The Contractors employees to include sub-contractors will comply with base access and control procedures, personnel not cleared for entry into secured working area/s will be denied entry, and the USG shall not be liable for wages of such denied personnel.

2.3.11 Vehicle Identification. The Contractor shall obtain installation/port access clearance for any vehicles used in performance of this contract. The Contractor shall submit a comprehensive list of vehicles required 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. Personal Owned Vehicles (POV) shall not be authorized entry in and around

USG 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.

2.3.12 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 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 6.3 –Port - Terminal Specific Requirements (safety). FAR

52.236-13(a) and Alternate 1(f) apply.

3.2 Enforcing and Monitoring Safety. The Contractor shall comply with, enforce, and monitor applicable USG 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 acquire, maintain, and require the use of safety equipment, personal protective equipment (PPE) (29 CFR 1917.91-95/1918.101-106) and devices necessary to protect employees at all times while working Military Operation at the

Port of Gulfport, i.e., terminals, railhead/spurs, commercial truck yards, and on all vessel(s) laden with military vehicle/equipment.

3.2.1 Safety Program Manager. The Contractor shall provide as part of its management staff a dedicated Safety Program Manager (SPM) and/or alternants as needed for each operation. The

Contractor shall ensure the SPM is assessable and on site to observe all USG Operations contractor personnel to include sub-contractors to ensure the Contractor’s safety practices are monitored, damage/injury is investigated and make corrections when deviations or departures from safety are observed.

https://www.esd.whs.mil/dd/

3.2.2 Accident Prevention/Safety Program. The Contractor shall provide to the COR within two (2) calendar days of contract award date, their written plan for Accident prevention/safety program, for port/terminal operations at the Port of Gulfport, MS per Federal Acquisition

Regulations (52.236-13 Accident Prevention), and DA PAM 385-10.

3.2.3 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 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 and all safety violation/infraction shall be documented.

3.2.4 Safe Working Load Lift trucks, and Cranes. The Contractor shall adhere to local authority and Occupational Safety and Health Administration (OASH) and DoD standards for

“safe working load” for all Contractor Furnished Equipment & Material Handling Equipment

CFE/MHE, to include all cranes (ship or shore). The Contractor shall adhere to all safety requirements when lifting cargo. The Contractor shall ensure all CFE/MHE driver/operators are

Powered Industrial Truck (PIT) certified, only trained and competent operators shall be permitted to operate a powered industrial truck. All PIT operators must be trained and certified by their organizations [29 CFR 1910.178(l)] or and have in their possession a PIT card, the PIT card shall designate all CFE/MHE that driver/operator are trained to operate [29 CFR

1910.178(l)(6)]. Crane Operators shall be certified to meet OSHA standards [29 CFR

1926.1427]. the COR or other designated USG personnel at their desecration may stop any/all driver/operators have and are trained on the equipment they are operating.

3.2.5 Personal Protective Equipment (PPE) Safety/Hazard Analysis. The Contractor shall ensure all Contractor personnel, to include its Subcontractors, have and/or wear proper PPE. The

Contractor shall provide to the COR a Safety/Hazard analysis that defines the proper PPE required to be used and/or worn when engaged in terminal or port operations. The safety/hazard analysis shall be provided to the COR within two (2) calendar days of contract award, whereas the COR and Safety Officer will monitor, and report PPE usage based on the Safety/Hazard analysis. The Contractor shall provide to the COR within two (2) calendar days a new/updated

Safety/Hazard analysis if/when changes in operational scope occur.

3.3 Contractor Safety Briefings. The Contractor shall, as part of all commodity and extra labor operations, conduct and document safety briefings for all workers by name prior to all vessel, terminal service/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 also participate in these briefings. The job Safety/Hazard analysis should be the basis for safety brief content. See FAR 52.236 (f)(1) for guidance. The Contractor shall conduct safety briefings in English language and language understood by the labor/workers.

3.4 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 additional safety concerns. Compensation (unless for safety violation) for the Contractor’s labor shall be placed on stand-by time and compensated per schedule 2 of the SOR. No compensations shall be made to the contractor for “safety Stop/violations”.

3.5 Reporting Accidents, Injuries and Damage

3.5.1 Reportable Accident, Injuries or Damage Reporting. The USG requires reporting of any situations that result in injury or death to any personnel, or damage to USG cargo or commercial property. The Contractor shall immediately notify the COR of any incident and/or accident that results in injury or death to any personnel, damage to USG cargo, commercial property, during or arising from performance under this contract. The Contractor shall submit accident investigation reports to the COR and USG Safety Officer as mandated in Reporting

Timeline Requirements listed below.

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

3.5.1.2 The Contractor shall submit all maintenance records for CFE/MHE involved in any accident or incident involving injury.

3.5.1.3 The Contractor shall assist the USG during any incident and/or accident investigation.

3.5.2 Preserve Critical Evidence. 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.

3.5.3 Reporting Timelines and Requirements

3.5.3.1 Within 8 Hours: Accident Information required from Contractor of incident if severe damage to equipment, hospitalization of employees or loss of life:

• 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

3.5.3.2 Within 24 hours: Accident Information required from Contractor

• Information from 3.5.3.1

• Status of injured personnel

• Pictures of affected equipment

• Training certificates/licenses for personnel involved in incident

• Maintenance records of equipment involved in incidents

3.5.3.3 Within 30 Calendar Days (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

3.6 Posted Speed Limits. The Contractor shall enforce all posted port speed limits for all vehicle traffic per local port directives, The USG has further defined vehicle speed limits as follows for Military vessel/terminal operations at all piers/terminals/ports, (unless further defined) the maximum speed limits for vehicle(s) shall be inside a vessel, on vessel ramps, and/or dock/pier is <5 MPH (walking speed), maximum speed limits within staging areas, is <10

MPH or less, and for roadways to/from staging to vessel the maximum speed limit shall be 10

MPH, for CFE/MHE speed limit is 10 MPH or <5 MPH on vessels.

3.7 Vehicle Safety. During all operations, the Contractor shall not, leave any vehicle

(military or commercial) unattended when the engine is running, or if breaks are not operational.

3.7.1 Military vehicles/trailers 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) shall 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 and trailers shall remain attached to its prime mover or if orphaned have hand brakes set, or wheels chocked blocked.

3.7.2 Fire Extinguisher & First Aid Kit. The Contractor shall provide and ensure all

CFE/MHE used in military operation shall have mounted fire extinguishers and a First Aid Kits with an up-to-date inspection sticker/documentation and inspected monthly.

3.8 Vessel Safety. During vessel operations, the Contractor shall not let vehicles 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.

3.8.1 The Contractor shall provide ramp guards stationed at all vessel ramps in use to direct traffic, monitor foot traffic, and alert personnel when vehicles are traversing ramps, all ramp guards shall have whistles and flashlights in addition to PPE. Compensation for services defined in this paragraph are included in all commodity rates established in 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 6.0 –Port - Terminal Specific Requirements (administration).

4.1.1 Port Licensing and Permits. The Contractor or its named Subcontractor shall possess a valid and current Business License (BL) issued in the state of Mississippi. As well as a work permit issued by the applicable Mississippi State Port Authorities (MSPA) as evidence the

Contractor or its named Subcontractor(s) has legal right to work in/at Port of Gulfport MS. The

Contractor shall provide documentation/copies (Prime and Subcontractor(s)) to the CO for record within (2) calendar days of the date the contract was awarded.

4.1.1.1 Subcontractors. The Contractor shall require an and all Subcontractors to include subcontracted laborers, to comply with 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.

** NOTE: Subsequent references to the Contractor shall imply it acting as the “prime” and their

“employees”, or “Subcontracted laborers”, or others acting on behalf of the prime Contractor unless otherwise specified.

4.1.2 Union Agreements and Port Tariffs. The Contractor shall submit copies within two (2) calendar days of contract award date to the CO/COR, the most current version of the Collective

Bargaining Agreement (CBA), International Longshoremen’s Associations (ILA) & South

Atlantic & Gulf Coast District (SAGCD) and current year published port tariff for the MSPA

Port of Gulfport. The Contractor shall also furnish updated information about specific changes to union contracts, wage increases, local work rules, and CBAs as well as new port tariffs affecting USG cargo operations IAW the performance of this contract as they become available.

4.1.2.1 The USG will have responsibility for all tariff charges or port fees generated throughout the course of the contract, however the USG may elect to request port services procured through the Contractor whereas those charges/fee shall become reimbursable to the Contractor through

(OOP expense).

4.1.2.2 The USG will not pay for or reimburse the Contractor for usage of port staging/storage free time (7 seven days), 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 as part of their supervision who shall be responsible for the performance level of all services rendered. 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 understand, the read, write and speak the English language and other language understood by its subcontracted labor/workers as necessary.

4.1.3.1 Contract manager(s) and alternates shall have full authority to act and make financial decision on behalf of the Contractor on all matters pertaining to the performance of services under this contract.

4.1.4 Multiple Work Sites. During the performance period of this contract, the Contractor shall work simultaneous cargo handling operations, at multiple work sites, to include, but not limited to, working vessel(s) operations (working multiple decks simultaneously), and performing reception and disposition services of rail, commercial truck(s), call forwarding & staging yards. The Contractor shall have their contract manager(s) or alternates present at each work site and accessible to the COR, at all times. At any other time (i.e., outside cargo operations) the contract manager(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.

4.2 Ordering Services. The Contractor and COR/OO shall establish or verify (see section

6.4) written procedures in advance for ordering all longshoring and/or stevedoring services. The

USG shall also set cut off times, on or before which we may cancel ordered services and/or equipment free of charge and without liability of any kind. These procedures and cut off times shall be provided within two (2) calendar days of contract award date. 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 OO to the Contractor and

IAW Appendix C, Payment, Ordering, and Invoice Instructions.

4.2.1 Task Order (TO). All services shall be identified to the Contractor by the COR upon agreement, the COR will convey needed services to the OO. The OO will develop an “initial” commodity, man-hours, or miscellaneous cost TO estimate identifying all services agreed upon as soon as practicable but 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 by G8 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).

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 validated, issued TO shall be at the expense of the Contractor.

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 USG will not compensate the

Contractor for CFE/MHE.

4.2.1.4 In those instances where 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 labor class verified by the COR. Contractor personnel arriving at the work site that were not notified previously by the Contractor will require the Contractor be responsible for compensation at its own expense.

4.2.2 Verbal request. During any operation, the COR may verbally identify additional labor, services, materials, supplies or CFE/MHE needed from the Contractor when necessitated by the operation, all verbal requests will be accompanied by the issuance a signed written request, the

Contractor shall present all written request for reconciliation purposes to the COR/OO.

4.2.3 Reconciliation and Validation. The goal of the 842nd TB is to reconcile, complete, and process the Contractors invoice and close all TO’s within 21 calendar days of the completion of each task order. The COR/OO shall determine, and the Contractor shall agree to reconcile and settle all task order(s) within a set timeline and provide an invoice to the COR for payment. The

Contractors failure to reconcile TO’s within the below perimeters will result, with the USG finalizing TO’s based on its documented evidence of the Contractors performance, whereas the

Contractor shall agree/accept the USG’s “final TO” for invoicing.

4.2.3.1 The COR, OO and the Contractor shall reconcile all services ordered/rendered within seven (7) calendar days reviewing all supporting documentation (logbook, tally sheets, and time sheets, and written request) completing TO work for (vessel or DocWeek) ordered services. The

COR will provide the contractor the MSDDC Form MT 288 capturing all commodity, detention, standby, Extra Labor (XL), and each class of labor and CFE/MHE used in conjunction within commodity work, the Contractor and COR shall agree by signing (digital or wet signature) the

MT288.

4.2.3.2 Once reconciled, the OO will within seven (7) calendar days or when practicable after large operations will finalize each TO accounting for actual Contractor performance per MT 288.

The OO will submit a “final task order” to MSDDC G8 for validation, once validated and dated the OO will forward the validated TO, to the Contractor, whereas the Contractor shall then invoice the USG. The Contractor shall submit their invoice for payment to the COR for certification, if information on the invoice is found to be incorrect/correct, the COR will either return the invoice back to the Contractor to correct or will validate & certify the Contractors invoice within and submit within (7) calendar days to G8 for payment processing.

** NOTE** Any certified invoice submitted, dated prior to “G8 validation date” will be returned, G8 will not process invoices for payment dated prior to its validation date and will return invoice to the COR whereas the Contractor will have to re-issue a corrected invoice for processing/payment. The USG shall not be liable for accrued interest payments to the Contractor.

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, subcontractor or port tariff for additional supplies, materials, facility support services, or other services sourced on behalf of the USG.

4.3.1 Vendor Invoice or Receipt. The Contractor shall substantiate all OOP expenses by submitting the paid vendor invoice or receipt to the COR/OO at reconciliation. 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 task ordering template.

4.3.1.1 Items purchased/rented shall be identified on the TO template (MISC. Tab) form by the

OO and certified as necessary by the COR. The Contractors invoice for miscellaneous expenses shall detail each service or supply, the rate per unit, number of units and total extended price, accompanied by the vendor(s) receipt/invoice as substantiating documentation. The USG will not reimburse for any miscellaneous OOP expenses without all substantiating documentation

(vendor receipt/invoice) attached. For miscellaneous supplies and durable goods not listed under a specific schedule of rates (SOR), compensation shall be at reimbursement OOP expense.

4.3.1.2 Three (3) Written Estimates. The Contractor shall provide to the COR/OO three (3) written estimates for all additional services, materials, supplies, or rental equipment prior to the purchase or its rental for COR/OO approval. 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.

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

4.3.1.4 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.

4.3.1.5 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, truck or rail load or discharge, where military drivers or aircraft support staff were provided, the USG will only compensate the Contractor for services provided i.e., lashing/unlashing for those vehicles/aircraft operated/driven by the Military or US civilian. All other Commodity rates shall apply for all other cargo fully handled by the Contractor. The following is a list of commodities by category.

• Commodity 35 – Aircraft.

• Commodity 40 – Breakbulk.

• 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 Commodity Rates. The Contractor shall provide an all-encompassing commodity rate for each commodity type listed above, for each commodity schedules listed in the SOR (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, Safety Manager, Environmental Compliance Officer, or other non-subcontracted personnel

• All planning activities

• Administrative and contract data and requested reports for all provided services

• All subcontracted Stevedore & Longshoremen i.e., all Classes of labor, Skilled labor, Skilled drivers, crane operator, gearman, mechanics, (not all-inclusive personnel list).

• Contractor Furnished Equipment (CFE), 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), and ramps.

• Ground transportation: i.e., trucks, van, buses, contact maintenance vehicle (jump truck), and tow-vehicles.

• Materials and miscellaneous supplies (PPE, safety devises, dunnage, POL, fuel, and hazardous collection and/or cleanup supplies).

• Lashing & Unlashing for all conveyances (vessel, truck, and rail)

• Cargo accountability, cargo inspections, cargo and lashing inspections for vessel, and rail lashing inspections/movement.

• Checking & Tallying (i.e., runners, scanning, documentation, vessel foot printing, and timekeeping).

• Cargo management (i.e., towing, stacking, stripping, contact maintenance, safety/environmental).

• Housekeeping (e.g., vessel, yards, lots, warehouse, and facilities).

• Staging areas/yards setup, cargo management (i.e., space, cargo consolidation, frustrated)

4.5.1 The Contractor shall assume all military operations, work shall be 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.

4.5.1.1 In addition, commodity rates, are intended as onetime payment for 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’s staging plan) or from point of rest to/from Common-User Land Transportation (CULT) assets. 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/OO in advance.

4.5.2 Commodity Pricing. The USG shall compensate the Contractor for each single vehicle, trailer, container, or aircraft handled. The Unit of Measure (UOM) shall be i.e., EACH (EA) e.g.

(Containers, Vehicles, Orphaned trailers, and Aircraft. Commodity category (25, 35, 44, 45, 60, 61, 67) - EA)), prime vehicles/trailer combinations will be considered one piece. for Breakbulk cargo the UOM used is “Measurement Ton (MTON)” Breakbulk (BB) (20, 40) - MTON)), BB secondary loaded, nested, stacked on cargo beds or trailer will be considered part of prime vehicle/trailer and counted as one unit. See appendix B of the Glossary or the SOR for further definition description.

4.5.2.1 Each commodity further divided by handling method, (lift, Roll, Tow) shall infer loading or discharge:

• Lift-On/Lift-Off (LO/LO) - Cargo lifted on/off any conveyance (vessel, truck, or railcar) by crane of all types.

• Roll-On/Roll-off (RO/RO) - Vehicles running or moving under its own power - Trailers pulled by its prime mover - Orphaned trailers pulled by CFE/MHE - Containers, breakbulk, loaded or discharged by CFE/MHE (MAFI/bomb cart).

• Tow-On/Tow-Off (TO/TO) - Inoperable vehicles towed on/off any conveyance (vessel, truck, or railcar)

The USGs preferred and most efficient method of loading or discharging operable vehicles is by driving them under its own power.

**NOTE: See appendix B of the Glossary or the SOR definitions for further description.

4.5.3 Measurement Ton Calculations. The USG will calculate MTON using cargo dimensional data, Length, Width, and Height divided by forty, (40) cubic feet. Example:

Dimensional measurements of (L) 240in (W) 96in (H) 96in divided by 1728 then divided by 40 will equals 32 MTON’s. This would look like 240” multiplied by 96” multiplied by 96” equals

2,211,840 cubic inches divided by 1728” (cubic inches in one cubic foot) divided by 40 Cubic foot, final product would equal 32 MTON’s (rounded to two decimal points).

4.5.4 Exceptions to Commodity Rates. Cargo shipments received, for which no commodity rate(s) were established. The Contractor shall handle using Extra Labor and Equipment Rental

Rates (EQR) rates (if needed) as established in (schedule 2 & 4) of the SOR. 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 performance of this contract.

4.6 TABLE 1— Cargo Handling (Services) Operations.

**NOTE: The USG refers to the following cargo handling table (as definitions); 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 staged place of rest (regardless of method) aboard the vessel. Once aboard the vessel the cargo is stowed in its designated stow location; this includes but is not limited to driving, towing, or draying the cargo aboard the vessel, lashing/securing/tiedown, lashing inspections, documentation, foot printing, checking & tally, debris removal, housekeeping, and reconciling the operation with the COR.

4.6.1 TABLE 1

Operation Definition

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

Discharge The act of unloading cargo from a conveyance (vessel, truck, or rail) to a designated final place of rest.

Receipt or reception only

The act of documenting cargo arriving into the port, by military convoy.

Disposition only The act of documenting the onward movement of cargo from the port or terminal to its final destination. (port clearance)

Lashing and Un-lashing (only)

The act of providing only lashing or unlashing (tie-down) of cargo aboard a vessel and/or rail.

Stuffing The act of loading/moving cargo from its place of rest loaded in/on a

Container Roll-Out Platform CROP, shipping container, or onto flat rack(s).

Unstuffing The act of unloading cargo from a Container Roll-Out Platform

CROP, shipping container, or flat rack(s). to its final place of rest.

Stripping The act of discharging cargo from trailers, flatbeds, Mobil loading platform MAFI’s ®, to its final place of rest.

4.7 Guaranteed Time, Stand-by Time, and Detention.

4.7.1 Documented Evidence. The Contractor shall provide to the COR approved documentation (time sheets, hatch logs or logbook) justifying all ordered contracted laborers time, detention time, stand-by time, guaranteed time, or overtime, at the end of each shift wherein the work is compared to the USG Timekeeper’s logbook/records for completion of the

MSDDC Form 288 for approval of compensation. The Contractor shall obtain COR/OO written pre-approval to work in all conditions specified under Detention time, Stand-by time, Guaranteed time, Overtime, or Extra labor. Failure to follow the above shall preclude compensation except with CO approval. the USG will not pay/compensate the Contractor for subcontracted labor, where services are ordered, and service/work is not being performed.

4.7.2 Guaranteed time. Guaranteed time, defined as minimum work guaranteed pacific to unionized labor, based on published CBA, the USG shall pay guaranteed time to the Contractor when commodity services are ordered, but work is no longer available. Guaranteed time shall be paid in addition to commodity work during a commodity operation, or when schedule work last less than minimum time guarantees, whereas the Contractor will be compensated at published rates per (Schedule 2) of the SOR. (Example: if Guaranteed time minimum work time is (4) Four hours whereas operation last only two hours. The USG will pay the difference in XL rates of (2)

Two hours guaranteed time using hourly base rate (schedule 2) per each union class of verified labor at the work site by the COR. The USG will not pay the guaranteed time to Contractor management/supervision.

4.7.2.1 The USG will not pay guaranteed time to the Contractor where written published record does not exist. In no case will the USG pay guaranteed time when services are ordered but the

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

4.7.2.2 The USG shall not pay guaranteed time separately to any union class of labor working commodity in conjunction with other classes of labor until completion of commodity activity; or any part of a gang not required on a commodity activity. For example, unloading operation is inclusive of unlashing and unloading cargo to its designated place of rest or stow under one commodity rate. Lashers who finish unlashing are still on commodity time (i.e., not guaranteed or detention time) until drivers complete unloading and staging cargo in its final point of rest or stow and all checking & tallying and inspections are completed. During a load operation, after drivers complete the load, they remain on commodity rates until lashers have completed all lashing and all checking & tallying, and inspections are completed. While any portion of labor to include checkers working commodity, all are listed as commodity.

4.7.3 Stand-by (S/B) Time. Stand-by (S/B) Time (also may be called “waiting time”) is defined as work stoppage, at the USG’s discretion, for causes beyond the control of the USG or the Contractor. This includes but is not limited to breakdown of ships gear, inclement weather

(see Glossary), unanticipated or non-arrival of the vessel, non-readiness of the vessel, non-arrival of cargo, non-arrival of other conveyances (trucks or rail). In all such cases, the Contractor’s time will be captured by the COR on the MSDDC form MT 288 as stand-by time (S/B). The

COR will negate the cause and/or direct the Contractor to stand-by. The Contractor shall be compensated for stand-by time at established XL base rates in (schedule 2) of the SOR.

4.7.4 Detention. Detention is defined as time lost due to work stoppage or interruption of work during commodity operation for causes beyond the control of the Contractor. Causes include but are not limited to changes in vessel, truck, or rail schedule and/or operational plan

(i.e., change to staging or stow plans). Should the USG change planned work, halt work, or alter other plans during an operation, the COR will notify the Contractor.