Amd 01 -Attach 1 - PWS Okinawa 01.15.2015.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

ALL PORTS

OKINAWA, JAPAN

Military Operations Terminal

835th Transportation Battalion

01-15-2025

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 25

6.0 Terminal Specific Requirements 45

Contract Performance Requirements Summary (PRS) Table 57 Appendix A Regulations, Publications, & Forms 63 Appendix B Glossary of Terms 68 Appendix C Payment Instructions 101 Appendix D List of Acronyms & Abbreviations 105 Appendix E Foreign Entity Vetting 107

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 seaport(s) of: Naha Military Port, Tengan Pier, White Beach Naval Base, Aja Commercial Port, and U.S. Military Installations located throughout the Islang of Okinawa, Japan 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 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, at all port(s) located on the island of Okinawa, Japan i.e. Naha Military Port, Tengan Pier, White Beach Naval Base, Aja Commercial Port and U.S. Military Installations, and in conjunction with operations at each terminal 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). Cargo shall consist of Military vehicles up to 150,00lbs, Containerized and Breakbulk Ammunition and Explosives (A&E), all sizes of non-explosive containers, and all classes of hazardous materials, as well as sensitive, controlled, refrigerated, and/or other general DOD cargo handled through transport vessel, Common-User Land Transportation (CULT), and Military convoy.

1.2.1.2 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)

**NOTE: Any work performed without authorization shall be at the Contractor’s expense.

**NOTE: See Section 6 for specific geographic locations and port specific requirements.

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

1.2.1.3 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 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 for all work, services, or other terminal operations for which a task order number and ordering template will be issued.

The Contractor shall assume all expenses for any work performed outside of the contract or without prior written authorization from the COR.

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. 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 (USA) or the Okinawa Prefectural Government.

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 USA. Anyone refusing screening shall result in denial of applicant’s access for employment.

If employment or continued employment of any Contractor employee is prejudicial to the interests or endangers the security of the USA/G, the Contractor shall make the necessary changes to remove those employees from interacting or engaging with US personnel.

2.3.2 Completed Screening. Once the screening process is completed the results and the applicant request for clearance approval, will be submitted to the 835 Transportation Bn. for vetting through the 599th Trans brigade S-2 (Hawaii) to ensure investigative and clearance requirements were obtained before the start date of the contract for review. Any derogatory information may result in the applicant’s 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 599th 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). Operations Security (OPSEC). The Contractor shall comply with DoD Directive 5205.02, Army Regulation 530-1, and the requiring activity OPSEC program. Failure to comply with the OPSEC directives shall be identified as adequate cause for removal of a Contractor employee from performance on this contract/task order and may be considered for appropriate legal action. The Contractor shall ensure Contractor employees as described in 2.3.6.1 will complete Level I OPSEC training within thirty (30) calendar days of start of employee performance on this contract and annually thereafter. The Contractor shall maintain all OPSEC training records and shall provide copies to the COR upon request.

2.3.7.1 The Contractor shall submit to the CO a list of points of contact who can respond to Government activities to provide expert assistance in answering questions, exchanging information, and resolving problems including at least one primary and alternate point of contact available for urgent matters on a 24 hour basis 7 days a week. The Contractor shall provide this list within one calendar week of contract award, and at the time of award of any option years.

Should there be any intervening changes to the list, the Contractor will advise of any changes within one calendar week of any such change.

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 Military Base Access. The Contractors shall be required to enter and work on US government military installations, the contractors shall be responsible for its employees to include sub-contractors and CFE/MHE will comply with access and control procedures, subject to background checks, personal and vehicle inspections. Contractor personnel not cleared, or those who refuse to comply with access/control procedures will be denied entry. The Contractor shall be responsible for its CFE/MHE. The USG will not be liable for compensation to the Contractor and will hold the Contractor liable for performance delays caused due to shortages of personal or CFE/MHE denied entry.

2.3.10.1 The Contractor personnel shall read and comply with applicable Department of Defense (DoD) security regulations, policies, and procedures for access to installations and facilities.

2.3.10.2 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.

2.3.11 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.

2.6 Cyber Security. The services designated under this contract are “operationally critical support” as defined in Defense Federal Acquisition Regulation Supplement (DFARS) 252-204- 7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2.6.1 Reporting Requirements “Cyber”. The contractor shall provide an initial incident report to the Defense Cyber Crime Center (DC3) as soon as possible upon discovery of any suspected cyber intrusion events on the contractor’s (or its subcontractors’) unclassified information system(s) or network(s) where DOD information is resident or transiting. The initial incident report shall be provided even if some details are not yet available, with follow-on detailed reporting to DC3 within 72 hours. Reportable cyber intrusion events include the following:

Cyber intrusion event involving possible data exfiltration, manipulation or unauthorized disclosure of any DOD information resident on or transiting the contractor's (or its subcontractors') unclassified information systems or networks.

Intrusion activities that allow unauthorized access to the contractor’s unclassified information system(s) or networks(s) on which DOD information is resident or transiting.

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 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 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 Accident Prevention/Safety Program. The Contractor shall provide to the COR within two (2) days of contract award date, their written plan for Accident prevention/safety program, per Federal Acquisition Regulations (52.236-13 Accident Prevention), and DA PAM 385-10.

3.2.2 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 835th 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.

3.2.3 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.

3.2.4 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 835th Battalion Safety Officer (BSO) 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 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 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 both English and, as applicable, in the Host Nation local language.

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 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 Days as applicable.

3.5.2 Reportable Accident(s). The Contractor shall report all accidents or cargo damaged to the COR immediately. In all instances, the Contractor shall submit a preliminary accident investigation report to the COR and MSDDC Safety Officer within 24 Hours. A full accident investigation report identifying all root causes and corrective actions shall be provided to the COR within 30 calendar Days.

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

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

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

3.5.3 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.

3.5.4 Reporting Timelines and Requirements

3.5.4.1 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

3.5.4.2 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

3.5.4.3 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 adhere to all posted port speed limits or as directed or as defined by the MSDDC Bn. Commander. For all Military vessel operations at all piers/terminals/ports, (unless otherwise defined) the maximum speed limit inside a vessel, on vessel ramps, and/or dock/pier is <5 MPH (walking speed). Staging areas, the maximum speed limit is 10 MPH or less, for roadways to/from staging to vessel 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) 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 and trailers shall have hand brakes set.

3.7.2 Fire Extinguisher & First Aid box. The Contractor shall ensure all CFE/MHE used in military operation shall have mounted fire extinguishers and a first aid boxes with an up-to-date inspection sticker/documentation, 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. 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 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 by the state USG or host nation country. As well as a work permit issued by the applicable Port Authorities from Government of Japan as evidence the Contractor or its named Subcontractor(s) has legal right to work in/at the state/country/port designated within this PWS (see geographic info section 6.1). The Contractor shall provide documentation/copies (Prime and Subcontractor(s)) to the CO for record when awarded 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 to require Subcontractor's cooperation and assistance in accident reporting and investigation.

** NOTE: Subsequent references to the Contractor shall imply their “employees”, “Subcontractor or others acting on behalf of the prime contractor unless otherwise specified.

4.1.2 Labor Rules & Agreements. The Contractor shall submit copies upon award of this contract to the USG all current labor rules or labor agreements (if applicable). The Contractor shall also furnish updated information about specific changes to local work rules, labor agreements affecting USG cargo operations IAW the performance of this contract as they are available.

4.1.3 Contract Managers. The Contractor shall provide a contract manager(s) and at least two (2) alternates who shall be responsible for the performance level 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 understand, read, write, speak, translate both English & Japanese 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 ports to include, but not limited to, working vessel(s) operations (working multiple decks simultaneously), reception and disposition services of rail and rail barges, commercial truck(s), staging yards, and warehousing. 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 USG and the Contractor shall agree that ordering services shall be standard practice to include daily cut off time(s) for ordering all S&RTS. The USG standard time each workday that services must be ordered shall be no later than (NLT) 1400hrs each workday for 0700/0800hrs start times for the next or following day and NLT 1700hrs for a 1300hrs start times for the next day 0700hrs for 1800hr start time the same day. Example: Order services on Monday at 1400hrs for Tuesday morning 0800hrs start time, Monday start times shall be ordered on Friday.

4.2.1 All S&RTS performed IAW this PWS will be ordered using a Task Order (TO) system.

Task orders will be assigned a TO number by G8 and then issued by an appointed OO to the Contractor and IAW Appendix C, Payment, Ordering, and Invoice Instructions, any work performed prior to an issued numbered TO will be at the expense of the Contractor.

4.2.1 Task Orders. All services shall be identified by the COR and conveyed to an appointed OO. The OO will develop an initial TO as soon as practicable and prior to the start date & time for each day S&RTS are ordered. The OO will provide an “initial” Task Order (ordering template). The initial TO will identify all commodity, man-hour, materials or associated services agreed upon between the COR and the Contractor.

4.2.1.1 Vessel Task Orders will be separated by “upload and/or discharge” for all known vessel work, whereas all Terminal work shall be by Documented by Week (DocWeek), DocWeek shall be Sunday thru Saturday. Any work performed prior to the OO issuing a numbered TO will be at the expense of the Contractor.

4.2.2 Cancellation of Services. The USG and the Contractor shall agree that cancelation of services shall be standard practice to include daily cut off time(s) for canceling all S&RTS. The USG standard time each workday that services must be canceled shall be no later than (NLT) 1700hrs for the next days 0700/0800hrs start time, or at 0700hrs for 1300hrs start times the same day. Example: Services ordered on Monday at 1400hrs for Tuesday morning 0800hrs start time, may be canceled at or before 1700hrs the same day. The USG will not compensate the Contractor for services ordered a consequently canceled.

4.2.2.1 The COR/OO will notify the Contractor verbally or by telephone to cancel services followed by written email/memo or other communications, stating that services are to be canceled on or before which the USG may cancel ordered services and/or equipment free of charge and without liability of any kind. The USG will not compensate the Contractor for service ordered and then canceled on or before established cut off times.

4.2.2.2 Should Contractor personnel arrive at the work site at the scheduled order time, and services are cancelled, due to circumstances beyond the control of the USG, the Contractor shall receive minimum time (if applicable) of four (4) hours verified by the COR/OO. For Contractor personnel arriving at the work site who were not timely notified by the Contractor those services were cancelled, the Contractor shall be responsible for compensation at its own expense and is not entitled to reimbursement.

4.2.3 Verbal request. During any operation, the COR may also identify additional labor, services, or CFE/MHE needed verbally to the Contractor when necessitated by the mission/operation and will issue a signed written request. The Contractor shall The Contractor shall present those written request to the OO within 24 hours of completing the mission/operation for reconciliation.

4.2.4 Reconciliation and Validation. The goal of the 834th 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.

4.2.4.1 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.

4.2.4.2 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 summit within (7) calendar days to G8 for payment processing.

** NOTE** Any certified invoice summited, 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 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 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 receipt/invoice as substantiating documentation. The USG will not reimburse for any miscellaneous expenses without all substantiating documentation (vendor receipt/invoice) attached. For miscellaneous supplies and durable goods not listed under a specific schedule, compensation shall be at reimbursement OOP expense.

4.3.1.2 Three (3) Written Estimates. 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.

4.3.1.3 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 when services (if provided) for those vehicles or aircraft (if applicable) are operated/driven by the Military or US civilian. All other Commodity rates shall apply for all other cargo fully handled by the Contractor.

4.5 Commodity Rates. The Contractor shall provide an all-encompassing commodity rate for each commodity type listed below, 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.

Contracted Services Reporting: Administrative and contract data and requested reports for all provided services.

All directly employed or subcontracted Stevedores, Longshoremen tallymen, and warehousemen i.e., all Classes of labor, Skilled labor, Skilled drivers, crane operator, gearman, mechanics, carpenters, (not all-inclusive personnel list).

All employee administrative cost for benefits, travel, or other cost.

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.

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

Materials and miscellaneous supplies (PPE, safety devises, safety cones, 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.

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

Cargo management (i.e., space, cargo consolidation, frustrated) towing, stacking, stripping, contact maintenance, safety/environmental)

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

Staging areas/yards and staging setup

4.5.1 The following is a list by commodity number, and category and examples of vehicle, containers, breakbulk or aircraft they represent (not an all-inclusive list).

Commodity 35 – Aircraft. Rotary or fixed wing Commodity 40 – Breakbulk. Field maintenance units M7-FRS or multiple stacked flat racks, skid mounted generators, or loaded 463l pallets etc.

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, >TEU containers configured into Twenty/forty Foot Units (TEU).

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

4.5.2 Commodity Pricing. The USG shall compensate the Contractor for each single vehicle, trailer, container, or aircraft the Contractor handles. The Unit of Measure (UOM) shall be i.e., EACH (EA) e.g. (Containers, Vehicles, Orphaned trailers, and Aircraft. Commodity category (35, 44, 45, 60, 61, 67) - EA)), prime vehicles/trailer combinations will be considered one piece.

Breakbulk (BB) Cargo the UOM used is “Measurement Ton (MTON)” Breakbulk commodity

(40) - MTON)), BB secondary loaded, nested, or stacked on cargo beds or trailer will be considered part of prime vehicle/trailer and counted as part of the prime vehicle or trailer.

Stacked flat racks shall be counted at one piece. 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 cranes of all types or rigged top/reach stacker.

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

Tow-On/Tow-Off (TO/TO) - Inoperable vehicles or orphaned trailers pulled by CFE/MHE towed on/off any conveyance or (vessel, truck, or railcar).

4.5.2.2 The USG will not interfere with any method the Contractor chooses to dray, move or lift any USG cargo; however, the Contractor shall be responsible to use proper methods of draying, lifting, or towing vehicles/trailers and general cargo as stated elsewhere in this PWS, military standards per Army Regulation (AR) or Modal Instructions (MI). The USGs preferred and most efficient method of loading or discharging vehicles (with or without trailers) is by driving them under its own power. The Contractor shall be fully responsible and liable for all damaged caused from the Contractor negligence by improper handling methods. The USG will not, compensate the Contractor for loading/discharging cargo for other than by the intended commodity method (e.g. lifting operable vehicles in lew of driving them or separating a trailer from its prime mover).

4.5.2.3 Exceptions to Commodity Rates. The USG will make exceptions to compensating the contractor per commodity rates for cargo shipments received, for which no commodity rate(s) were established. The USG will compensate the Contractor to handle cargo per Extra Labor (XL) 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.

4.5.2.4 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 (staging) to/from Common-User Land Transportation (CULT) assets (truck/rail). Other than for tallying & checking 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 requested and approved by the COR/OO in advance.

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 The Contractor shall assume all military operations 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 and support S&RTS 24hrs per day, 7 days per week, and 365 days per year.

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).

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

Receipt or reception only

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

Disposition 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.

Stuffing The act of loading/moving cargo from its place of rest loaded in/on a container, or onto flat rack(s).

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

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

Cross Docking The act of transferring cargo directly from one incoming conveyance to another outgoing conveyance, with little stoppage of cargo moving on to its final destination.

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

Inland Transportation Land based conveyances, used for movement of cargo in or out of the port.

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 or logbook) justifying all ordered labors 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 guaranteed time, standby time, detention, extra labor, or overtime.

Failure to follow the above shall preclude compensation except with CO approval.

4.7.2 Guaranteed time. Guaranteed time, defined as minimum work guaranteed per published Labor Agreements rates. The USG shall pay guaranteed time to the Contractor when labor is ordered, but work is no longer available. Guaranteed time is in addition to commodity rates during a commodity operation, or when schedule work last less than minimum time guarantees, whereas the Contractor will be compensated at the established rates in Schedule 3C of the SOR.

(Example: if minimum work time is (4) hours whereas operation last only two hours. The USG will pay the difference in man-hour rates of two hours guaranteed time using hourly base rate (schedule 3C) per each class of verified labor at the work site by the COR

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

4.7.2.2 The USG shall not pay guaranteed time separately to any class of labor working commodity in conjunction with other classes of labor until completion of commodity activity; or any part of a gang not required on a commodity activity.