PWS - Poti (reviewed) (BM) 1-22-22.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

PORTS OF POTI AND BATUMI, REPUBLIC OF GEORGIA

Stevedoring and Related Terminal Services (S&RTS)

Performance Work Statement

For

Military Operations Terminal

839th

Transportation Battalion (Turkey Detachment)

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 7

4.0 General Contract Administration 15

5.0 General Contractor Requirements 29

6.0 Terminal Specific Requirements 45

Contract Performance Requirements Summary (PRS) Table 59

Appendix A Regulations, Publications, & Forms 64

Appendix B Glossary of Terms 69

Appendix C Payment Instructions 82

Appendix D List of Acronyms & Abbreviations 86

Appendix E Foreign Entity Vetting 88

1. BACKGROUND AND SCOPE

1.1 Background. The Military Surface Deployment and Distribution Command (SDDC), headquartered at Scott AFB, IL is an operational-level U.S. Army Command designed by the

Secretary of the Army as the Army Service Component Command (ASCC) of the U.S.

Transportation Command. Since its establishment in 1965, SDDC has played a vital role in our nation’s defense by providing support to every war, major contingency, training exercise and humanitarian relief operation where our Military forces have been deployed.

1.2 Scope. Provide Stevedoring and Related Terminal Services (S&RTS) at designated seaport(s) in connection with the import and export of Defense Transportation System (DTS) sponsored cargo. SDDC requires general and skilled labor (Stevedoring and Longshoring), all

Material Handling Equipment (MHE) i.e. forklifts, container handlers, trailers, chassis, tugs, trucks, cranes, gear, tools of the trade, materials, miscellaneous supplies, checking & tallying

Government cargo and yard and port management services to satisfy all tasks associated to port operations described in this Performance Work Statement (PWS).

1.2.1 The Government requires performance of all PWS tasks completed in a manner consistent with the “Best Commercial Practices”. This PWS will cover the full spectrum of tasks and shall be inclusive of services required for vessel loading/discharging, cargo receipt and disposition, cargo staging, transfer of cargo, tallying and checking, and handling Government-provided dunnage and tiedown materials. Requirements includes physical security, facilities, storage/staging, office space, office supplies, and provide documentation and reconciliation of services to include other related miscellaneous requirements as outlined in this PWS.

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

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

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

1.2.1.1 The Contractor shall provide all the gear, MHE, materials, supplies, management and sufficient amounts of qualified general & skilled labor to satisfy the full scope of operating seaport terminal for this contract. The Contractor shall make every effort to rectify any labor or

Contractor Furnished Equipment (CFE) i.e. MHE shortfalls, for which the Government will compensate the Contractor by applicable commodity and/or manhour 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 6.0 –Port - Terminal Specific Requirements (security).

2.2 The overall classification of work associated with this contract is UNCLASSIFIED.

Personnel assigned to this contract will not require access to Non-Secure Internet Protocol

Router Network (NIPRNet) applications or UNCLASSIFIED government systems and therefore not authorized to obtain a Common Access Card (CAC) or Alternative Smart Card Logon

(ASCL) tokens.

2.3 Ground Rules and Constraints.

2.3.1 Personnel Screening. The Contractor shall screen all employees to ensure they do not have criminal records with the US or Host Nation, and if Foreign National, within their home country. The Contractor shall also screen employees to ensure they do not have terrorism or threat-related activity or alliances detrimental to the US or Host Nation. The Contractor shall notify the USG of all prior US Military personnel for screening for Military service criminal offenses. The Contractor shall not employ any person under this contract who is simultaneously an employee of the United States Government.

2.3.2 Screening. Screening shall complement applicable badging processes and enhance Force

Protection measures through document examination; verification; and biographical and security interviews. Contractor’s personnel, refusal to do screening will not be permitted around USG personnel or cargo operations.

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 DOD security regulations, policies, and procedures for access to terminal facilities, equipment, or other material related to Government operations.

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

2.3.7 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 to the COR any security badges issued on the last day of the contract or upon any termination/reassignment of a contract employee.

2.3.8 Derogatory Information. If the Government notifies the Contractor that employment of any Contractor employee is prejudicial to the interests or endangers the security of the United

States of America, the Contractor shall remove and bar that person 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).

2.3.9 Operations Security (OPSEC). The Contractor is required to be aware of OPSEC requirements from SDDC. Information included as part of the OPSEC Critical Information List

(CIL) is not releasable to the public. The Contractor’s personnel shall protect privacy, sensitive information, and data for duration of the performance of this contract.

2.3.10 Threat-related incidents. Persons employed by the Government will report threat-related incidents, behavioral indicators, and other matters of Counter-Intelligence (CI) interest specified in AR 381-12, Chapter 3, to the Facility Security Officer, the nearest Military CI

Office, the Federal Bureau of Investigation, or the Defense Counterintelligence and Security

Agency.

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

2.3.12 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

Government equipment unless identified as official vehicles critical to the success of the mission.

When submission of a new vehicle is necessary, only substitutions are acceptable to maintain a reasonable number of cleared vehicles authorized entry.

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

Security (OPSEC) and Information Security regulations

2.3.14 . Security Regulation Guidance found at https://www.esd.whs.mil/dd/. Select under

“DOD Issuances” the following DoD Instructions and Manuals.

Department of Defense (DOD):

• 2000.12 (DOD Antiterrorism (AT) Program)

• 2000.16 (DOD Antiterrorism (AT) Standards)

• 5200.01 Volumes 1-4, (DODM Information Security Program)

• 5200.02 (DODM Procedures for the DOD Personnel Security Program)

• 5200.08-R (DOD Physical Security Program)

• 5220.22-M (National Industrial Security Program)

• 8500.1 (DODI Cyber Security)

Department of Army (DA):

• AR 25-2 (Information Assurance)

• AR 190-13 (Physical Security Program)

• AR 380-5 (Department of the Army Information Security Program)

• AR 380-20 (Restricted Areas)

• AR 380-49 (Industrial Security Program)

• AR 380-67 (Personnel Security Program)

• AR 381-12 (Threat Awareness and Reporting Program)

• AR 525-13 (Antiterrorism)

• AR 530-1 (Operations Security)

• Army regulations found at: http://www.army.mil/usapa/epubs/

Surface Deployment and Distribution Command (SDDC):

• SDDC Regulation 190-1 (SDDC Security Program)

• SDDC Regulation 530-1 (SDDC Operations Security Program)

• SDDC Regulation 380-5 (SDDC Information Security Program)

• SDDC Regulation 525-13 (SDDC Antiterrorism Program)

• DOD regulations found at: http://www.dtic.mil/whs/directives/corres/pub1.html https://www.esd.whs.mil/dd/ http://www.army.mil/usapa/epubs/ http://www.dtic.mil/whs/directives/corres/pub1.html

2.4 Cyber Security. In accordance with DFAR 252.204-7012, "Safeguarding Covered

Defense Information and Cyber Incident Reporting", Contractor is required to provide adequate security on all Contractor information systems used to receive, transmit, or store covered defense information. The Contractor will detail their compliance measures in a system security plan

(SSP), submitted to the COR prior to start of work. If a cyber-incident occurs, within 72 hours of discovery the Contractor and/or subcontractor will report the incident to the following site:

http://dibnet.dod.mil.”.

2.5 Mandatory Reporting Data.

2.5.1 The Contractor shall work with the USTRANSCOM Cyber Security Operations Center

(CyOC) through resolution of the incident. Within 24 hours of becoming aware of a reportable cyber-incident, the Contractor shall provide an initial notification of the incident, even if some details are not yet available, which includes, but is not limited to, the following information:

(a) Company Name

(b) POC with contact information

(c) CO POC (name, telephone, email)

(d) Overall Assessment –Description of incident, data at risk, mitigations applied

(e) Indicators of compromise

(f) Vector of attack (if known)

(g) Estimated time of attack (if known)

2.5.2 The Contractor shall provide a follow-on cyber-incident report to the USTRANSCOM

CyOC within 72 hours of becoming aware of a reportable cyber-incident, which includes, but is not limited to, the following information:

(a) Contractor unique Commercial and Government Entity (CAGE) code

(b) Contract numbers affected

(c) Facility CAGE code where the incident occurred if different from prime Contractor location

(d) POC if different than the POC recorded in Award Management (name, telephone, email)

(e) CO POC (name, telephone, email)

(f) Contract clearance level

(g) DOD programs, platforms, systems, or information involved

(h) Location(s) of compromise

(i) Date incident discovered

(j) Type of compromise (e.g., unauthorized access, inadvertent release, other)

(k) Description of technical information compromised

(l) Any additional information relevant to the information compromise

2.6 Incident Reporting Coordination.

2.6.1 In the event of a cyber-incident, USTRANSCOM may conduct an on-site review of network or information systems where DOD information is resident on or transiting to assist the

Contractor in evaluating the extent of the incident and to share information in an effort to minimize the impact to both parties. USTRANSCOM and the Contractor will mutually agree upon date and time of on-site visits in advance.

http://dibnet.dod.mil/

2.6.2 The Contractor agrees to allow follow-on actions by the Government (e.g., USTRANSCOM, Federal Bureau of Investigation, Department of Homeland Security, DC3, etc.)

to further characterize and evaluate the suspect activity. The Contractor acknowledges that damage assessments might be necessary to ascertain an incident methodology and identify systems compromised as result of the incident.

2.6.2.1 When an incident, identified by the Contractor. The contractor agrees to take all reasonable and appropriate steps to preserve any and all evidence, information, data, logs, electronic files and similar type information (reference NIST Special Publication 800-61:

Computer Security Incident Handling Guide, (current version)) related to the incident for subsequent forensic analysis so that an accurate and complete damage assessment can be accomplished by the Government.

2.6.3 The Contractor is not required to maintain an organic forensic capability. However, must ensure data is preserved (e.g., remove an affected system, while still powered on, from the network) and all actions documented until forensic analysis can be performed by the

Government or, if the Government is unable to conduct the forensic analysis, a mutually agreed upon third party (e.g., Federally Funded Research and Development Center (FFRDC), commercial security contractor, etc.). Any follow-on actions shall be coordinated with the

Contractor via the CO.

2.6.4 The Contractor agrees to indemnify and hold the government harmless for following recommendations to remedy or mitigate cyber-incident following actions under 2.4.6.1/ 2.4.6.2.

2.6.5 Confidentiality and Non-Attribution Statement. The Government may use and disclose reported information as authorized by law and will only provide attribution information on a need-to-know basis to authorized persons for cybersecurity and related purposes (e.g., in support of forensic analysis, incident response, compromise or damage assessments, law enforcement, counter intelligence, threat reporting, and trend analysis). The Government may share threat information with other USTRANSCOM industry partners without attributing or identifying the affected Contractor.

3. GENERAL SAFETY REQUIREMENTS.

3.1 General Safety Requirements of the Contractor, defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contact further defined in Section 6.3 - Port - Terminal Specific Requirements (safety). All Army Safety

Regulations found at http://armypubs.army.mil.

http://armypubs.army.mil/

3.2 Enforcing and Monitoring Safety. The Contractor shall comply with, enforce and monitor applicable host nation, international, local installation and SDDC Transportation

Battalion safety and fire regulations. The COR will log any discrepancies within the defined quality performance process. The Contactor shall establish and maintain an effective and comprehensive safety program. The Contractor shall support the SDDC Emergency Disaster

Plan. The Contractor shall acquire, maintain, and require the use of safety equipment, personal protective equipment (PPE) (29 CFR 1918.101-106) and devices necessary to protect employees on the installation, port, and the vessel.

3.2.1 Safety Stop. The Government reserves the right to halt the Contractors operations when the Safety Officer, COR, or other Government representative observes unsafe practices or safety violation(s); where harm to life or damages to property are possible. The Contractors operations shall not resume until when the Contractor corrects and revises their methods of operation to correct safety violations, to the Safety Officer’s satisfaction. The Government will not compensate the Contractor for any time lost incurred by the safety infraction whereas the

Government may hold the Contractor liable for any costs incurred to the Government, resulting from operations halted due to the Contractors unsafe practice or violation.

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

3.3.1 Personnel Protective Equipment (PPE). The Contractor shall ensure all Contractor personnel, to include Subcontractors wear proper PPE, to include but limited to: safety vest, steal toed boots, hard hats, leather gloves, and long pants. Hard hats must be worn at all times when working in “designated hard hat areas”, and at a minimum wear hardhats aboard vessel(s), wharves, terminal warehouses, rail yards and open storage/staging areas when in and around

Military cargo.

3.4 Shift Change. The Contractor shall provide fresh labor at the beginning of each shift who shall have at least eight (8) hours of rest between shifts before starting other work.

Exceptions to the above shall be at the unit Commanders discretion, and decision whether contracted labor may work beyond this requirement, based on Safety Officer Risk Assessments to the Government and mission time restraints.

3.5 Emergency Response Plan. The Contractor shall provide a comprehensive safety and security “Emergency Response Plan (ERP)”. The plan will clearly outline procedures for emergency HAZMAT cleanup, or Petroleum, Oils and Lubricants (POL) spills from Military cargo shipments, or leaking Material Handling Equipment (MHE) (for example forklifts, tugs, and container top handlers) owned or leased by the Contractor, to include mitigating damage to property or the environment. When the Contractor does not have sufficient resources of their own, the Contractor shall immediately arrange for outside emergency response personnel who specialize in spill containment and clean up. The Contractor shall pay for any such clean up resulting from the Contractor’s equipment or leaks caused by the Contractor by damage to

Military cargo shipments. The Contractor shall comply with hazardous spill procedures in the

ERP.

3.5.1 Environmental Compliance Officer. The Contractor shall provide a qualified

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

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

However, the Contractor shall attempt to contain the leak and clean up the spill. The Contractor shall report immediately to the COR and Port Emergency Response Officer for any leakage or spillage of hazardous substances on the ground or any leakage or spillage. The Contractor shall not move any cargo leaking or spilling POL or any hazardous substances, to which the

Contractor shall be responsible for cleanup at their expense. The Government will compensate the Contractor for cleanup of spills at established extra labor, equipment rates and materials used in the process of the cleanup.

3.5.3 Port Emergency Response Officer. The Contractor shall follow the directives provided by the Port Emergency Response Officer who will be responsible for assuming command and control of the situation by securing the scene, providing incident command and control, evacuating personnel, stopping the release, containing spills and decontaminating personnel.

Any clean-up efforts tracked by the Contractor and reported to the COR.

3.5.4 Spill Contingency and Response Plan. The Contractor shall comply with all applicable environmental laws and regulations pertaining to marine and port facilities to include but not limited to: A written Spill Contingency and Response Plan shall be submitted to the COR within ten (10) calendar days of contract award. At a minimum, this plan shall comply with all applicable directives of the environmental guidance and instructions per the United States Coast

Guard (USCG). The Contractor’s Spill Contingency and Response Plan (SCRP) shall specifically describe how the Contractor will prevent and respond to spill incidents. In addition, an acceptable secondary containment plan, submitted in writing as part of the Spill Contingency and Response Plan.

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

3.5.6 Secondary Containment for Hazardous Materials, Wastes and Petroleum, Oils and

Lubricants (POL). At the Contractor’s expense, the Contractor shall provide containment devices of various sizes if required for temporary and permanent storage facilities that retain

POL substances, hazardous materials and hazardous wastes (i.e. - new and used – oils, fuels, lubricants, solvents, batteries, acids, paints, antifreeze, etc.).

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

3.5.6.2 In the event hazardous materials are required to be stored at the port where S&RTS contract services are being provided, the Contractor shall coordinate the use of storage cabinets with current inventory sheets and Material Safety Data Sheet (MSDS) which are provided to the

Port Safety Officer.

3.6 Specialized Government Equipment Operation and Familiarization. DOD

Contractor employees assigned to operate Government-owned or Government-leased equipment in the performance of their contract in compliance with the licensing requirements of the

Government and applicable foreign nation motor vehicle laws and certified, by the Contractor and at the Contractor’s expense, as being fully qualified to operate the equipment, which they are assigned. IAW Army Regulation (AR) 600-55, The Army Driver and Operator Standardization

Program (Selection, Training, Testing, and Licensing. At minimum, personnel operating

Government Military vehicles will be familiarized in:

• Basic hand and arm signals;

• Emergency stopping procedures;

• Start-up and shutdown procedures;

• Location of controls;

• Demonstration of vehicle blind spots; and

• Preventive maintenance checks and services.

The Prime Contractor must document all required operator qualifications and provide this documentation (Commercial Driver’s License (CDL), with hazardous material endorsements)) to the COR prior to the Contractor’s personnel engaging in equipment operation. The COR will retain this documentation for record. If the Government makes “operation and familiarization” training available onsite, the Contractor shall attend training those training events at Man-hour rates per schedule 2 of the SOR. The Contractor shall ensure that sufficient pools of vehicle operators are available to operate Government vehicles within confines of the port (29 CFR

1917) as required. Specialized Government vehicles may include, but are not limited to, all classes of Trucks, Stryker vehicles, Heavy Equipment Transporters (HETS), Mine Resistant

Ambush Protective (MRAP) vehicles and Armored Tracked vehicles.

3.6.1 New specialized vehicle models. At times, the Government may have field service representatives or vendor training onsite for new vehicle modeled equipment. The Government will identify and provide vehicle specific training requirements for the Contractor’s employees to attend. The COR will coordinate the training events with the Contractor to ensure maximum participation. The Contractor’s labor shall participate at Man-hour rates as established in the

SOR.

3.6.2 Operating Government vehicles. The Contractor shall ensure personnel operating

Government Vehicles possess valid commercial vehicle driver’s licenses as required for operating Military vehicles on and off the port.

3.6.3 Commercial Truck Drivers. The Contractor shall ensure drivers of commercial motor vehicles shall have a valid commercial driver’s license appropriate to the type of equipment operated when picking up Military cargo laden with Hazardous Materials (HAZMAT), to include Arms, Ammunitions and Explosives (AA&E). The Contractor shall ensure commercial truck drivers are licensed and shall have the appropriate HAZMAT endorsement before releasing cargo.

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

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

3.6.5 The Contractor shall provide as part of this contract two (2) POCs with HAZMAT certification for oversight in handling hazardous cargo IAW CFR49 Part 172.704(d) for each operation and port location when handling HAZMAT cargo. The POC shall ensure that their employees comply with “DFARS 252.223-7002; SAFETY PRECAUTIONS FOR

AMMUNITION AND EXPLOSIVES, DOD 4145.26-M; DOD CONTRACTORS SAFETY

MANUAL FOR AMMUNITION AND EXPLOSIVES and DESR 6055.09; DEFENSE

EXPLOSIVES SAFETY REGULATION in handling ammunition and explosives. The

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

load/unload cargo transport units; handle dangerous goods in transport; load/unload dangerous goods into/from ships as specified in IMDGC Chapter 1.3; Training and 49CFR Part 172 Subpart

H; Training.

3.6.5.1 The Contractor shall provide the COR with a list of names each day of those drivers assigned to operate/drive vehicles or handle HAZMAT, or ammunition laden cargo per operation. The list shall include a statement from the Contractor verifying that individuals performing these driving functions comply with All Army Activities (ALARACT) Message 069-

2014 and AR 600-55. The Government reserves the right to stop Contractor personnel at any time to verify their qualifications against the approved list of personnel scheduled to perform these functions. Any person found non-compliant, the Contractor shall remove from handling cargo and the incident reported to the COR, who shall report the incident in the monthly performance report.

3.7 Safety Briefings. The Contractor shall, as part of all commodity and extra labor operations, conduct and document safety briefings for all workers prior to all operations and at each shift change. The Contractor shall provide a mandatory safety briefing to new personnel as needed. The Contractor shall conduct safety briefings with the presence of a SDDC Government representative. The COR or SDDC Safety Officer may provide the Contractor with a checklist of safety and security topics to brief the Contractors labor prior to the start of vessel or terminal operations and may also participate in these briefings. Safety briefings conducted by the

Contractor shall relate to the type of operation (e.g. truck, vessel, rail, yard, crane, etc.), and, at minimum must meet, local authority and/or DOD regulatory guidance or host nation requirements. The Contractor shall conduct safety briefings in both English and, as applicable, in the Host Nation local language. Safety briefing shall include the following basic information:

3.7.1 Overall General Safety Requirements

• Work tasks performed

• Responsibilities – (who reports unsafe conditions and to whom)

• Injury and property damage reporting procedures

• Required PPE for personnel on the terminal

• Designated smoking areas

• Emergency procedures - phone numbers, evacuation routes/procedures, rally locations, accountability

• Location of emergency equipment - fire extinguishers, personal flotation devices

(PFDs)

• Weather/temperature conditions

• Communication - signals, flagman duties, radios, no cell phones etc.

• Walking/Tripping Hazards

• Pedestrian and traffic movement

• Gangway & Ramp Safety

• Person in water/man overboard - prevention, recovery and survival

3.7.2 Traffic Safety

• Driver distractions (no cell phones)

• Seat belts are mandatory

• Pier specific vehicle procedures - lights, keys, mirrors etc.

• Speed limits – pier side, staging yards, and on the vessel

• Parking locations

• Traffic Flow

• Use of ground guides when moving (ramp/backing/stow)

• Rail crossings (if applicable)

3.7.3 Task or Terminal-Specific (as applicable)

• Terminal and yard configurations, distinctive characteristics

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

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

• Vessel safety (ramps guards, ramp traffic)

• Ladder Safety

• Use of fall protection

• Safe lifting and lashing procedures

• Unusual loads

• Net Explosives Weight (NEW) Limits

• Evacuation distances and rally points

• Fire-Fighting Guidance

• First Aid (process/locations)

• Report all dropped containers/munitions

3.8 Government Safety Briefing. The Government at its discretion, may conduct additional safety briefings when necessary, and per local Commander’s guidance. The Government’s safety briefing may include information from above or other necessary Command related information or additional safety concerns. Compensation (unless for safety violation) the

Contractors labor shall be placed on stand-by time per schedule 3C of the SOR.

3.9 Operation of Contractor Furnished Equipment (CFE). The Contractor shall maintain and operate all CFE used during operations IAW applicable host nation, local authority, laws and

DOD regulations, Army, port, and terminal regulations, directives, instructions and pamphlets, whichever are more stringent. Cargo damage or injury related to use of non-compliant or improper equipment use will result in immediate non-use of Contractors equipment until replaced or action taken to repair equipment. The Contractor shall replace any non-compliant equipment to minimize any delay or hindrance to operations. The Contractor shall notify the

COR when the equipment is made compliant and before used again.

3.10 Damage, Accident, and Loss Reporting. The Contractor shall immediately notify the

COR of any incident and/or accident that results in damage to cargo or property, release of

HAZMAT, injury, and/or death to any personnel during or arising from performance under this contract.

3.10.1 Reportable Accident(s). In all instances where a reportable accident (meets the minimum criteria IAW AR 385-10 & DA PAM 385-40 for ground Class A–D accidents) or incident occurs, Contractor shall submit a preliminary accident investigation report to the COR and SDDC Safety Officer within 24 Hours. The Contractor shall use the Cargo Discrepancy

Report (TDR Form 361) for damage estimated at $2,000 or less. The Contractor shall use the

DA Form 285 for damage estimated to exceed $2,000

3.10.2.1 The Contractor shall follow-up with a full accident investigation report identifying all root causes and corrective actions provided to the COR and HQ SDDC Safety within 30 Days of when the accident occurred. The Contractor shall also report all accidents or cargo damages that do not meet minimum criteria as stated above to the COR by the end of each shift during the operation.

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

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

3.10.1.4 The Contractor shall assist the Government during any accident or serious incident investigation.

3.10.2 Preserve Critical Evidence. After an accident or serious incident, Contractor shall secure the accident location and preserve critical evidence. The Contractor shall allow

Government personnel access to the location, all evidence, and all Contractor-employee witnesses to include operators involved in the accident. The Contractor shall ensure that

Operations do not resume until cleared by the COR, SDDC Safety Officer, and local authorities.

3.10.3 Reporting Timelines and Requirements

3.10.3.1 Accident Information required from Contractor within 8 hours of incident:

• Date and time of incident:

• Location of incident:

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

• Supervisor name and contact information

• List of employees involved or who witnessed the incident

• Identify extent of injuries and if medical treatment was administered

3.10.3.2 Accident Information required from Contractor at 24-hours:

• Status of injured personnel

• Pictures of effected equipment

• Training certificates/licenses for personnel involved in incident

• Maintenance records of equipment involved in incidents

3.10.3.3 30 Day (or sooner if investigation is complete) Information required from

Contractor

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

• Corrective actions taken to prevent recurrence

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

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

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

Contractor shall maintain supplies for routine maintenance releases. These supplies shall be available or accessible, in a quantity and size, (determined by the Contractor), to resolve a ten

(10) gallon spill or five (5) cubic feet of materials, wastes, or contaminants that may potentially affect or impact the environment. The Contractor shall clean and dispose of waste materials per environmental standards.

3.12 Posted Speed Limits. The Contractor shall adhere to all port speed limits as directed or as defined by the SDDC Commander and SDDC Safety Officer. For all SDDC vessel operations at all terminals/ports, the speed limit inside vessel, on vessel ramps, and dock/pier is <5 MPH.

In all SDDC Staging areas, the speed limit is 10 MPH or less. MHE speed limit is 10 MPH or less.

3.13 Vehicle Safety. During all operations, the Contractor shall not leave any vehicle unattended when the engine is running, or if breaks are not operational.

3.13.1 Vehicles with air breaking systems that have been determined to inoperable, i.e. air system have been compromised, breaks 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 when chocked blocked.

3.13.2 The Contractor provided vehicles shall have mounted fire extinguishers and first aid box with current up to date inspection sticker/documentation and inspected monthly.

3.13.3 During vessel operations, the Contractor shall not remain idle across watertight door areas. Maintain only one vehicle moving on a ramp at all times, test vehicle brakes before moving vehicle, and all stationed ramp guards are required to have whistles.

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

3.14 Manning Traffic Control Points (TCPs). The Contractor shall provide personnel for traffic control points to include equipping TCP’s with signal devices for day and night operations. Compensation for services defined in this paragraph are included in all commodity rates established in schedule of the SOR.

3.14.1 Traffic Cones. At the request of the COR/OO, the Contractor shall provide traffic cones for the control of traffic routes, staging yards, and foot traffic aboard the vessel. Traffic cones shall be standard size 60-80cm, bright red or green in color, and weighted to prevent blown or knocked over. The Contractor shall supply traffic cones in lots of 100ea. Compensation for traffic cones shall be at established rates in schedule 6 of the SOR.

4 GENERAL CONTRACT ADMINISTRATION.

4.1 General contract administration defined within this section. Additional administrative 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 host nation country. As well as a work permit issued by the applicable Port Authorities from the Host Nation country 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”, unless otherwise specified.

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

4.1.2.1 The Government will compensate the port for all tariff charges or port fees generated throughout the course of the contract.

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

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

4.1.4 Multiple Work Sites. During the performance of the contract, the Contractor shall work simultaneous cargo handling operations, at multiple work sites, on/at multiple 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 Contractor shall establish procedures for ordering labor and equipment, set cut-off times to cancel ordered services, and convey times and instructions to the

COR and OO within 10 days of contract award. All longshoring and/or stevedoring services performed IAW this PWS will be ordered using a Task Order (TO) system. Task orders will be assigned a TO number and issued by an appointed OO to the Contractor and IAW Appendix C.

4.2.1 All services shall be identified by the COR and conveyed to an appointed OO. The OO will develop an initial commodity, man-hours, or miscellaneous cost estimate identifying all services agreed upon between the COR and the Contractor as soon as practicable and prior to the start date & time for each day S&RTS services are ordered. Task orders will incorporate terminal services and vessel work separately. Terminal services will be calculated per

Documented Week (DocWeek, Sunday – Saturday). Vessel work will be calculated per vessel operation. Any work performed without an issued TO will be at the expense of the Contractor.

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

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

4.2.1.3 Should Contractor personnel arrive at the work site at the scheduled order time, and services cancelled, due to circumstances beyond the control of the USG the Contractor shall receive the minimum guaranteed time (if applicable) of four (4) hours for each class of ordered labor verified by the COR and OO. Contractor personnel arriving at the work site that wasn’t notified previously by the Contractor, the Contractor shall be responsible for compensation at its own expense.

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

Contractor shall present for reconciliation purposes those written requests to the OO within 24 hours of completing each operation.

4.2.3 Reconciliation and Validation of Services. The COR and the Contractor shall reconcile all services ordered within seven (7) days of each vessel or DocWeek completed. The Contractor shall review all supporting documentation (logbook, tally sheets, and time sheets). The COR and

Contractor shall agree and sign (digital or wet signature) the SDDC Form 288 capturing all (if applicable) Commodity (C), Extra labor (XL), Standby (SB), Detention (D), Equipment Rental

(EQR) of CFE used. The OO will finalize each task order with the COR, accounting for actual

Contractor performance within seven (7) days. The OO will submit a final amended task order to the Contractor for invoicing. The Contractor shall submit its invoice for payment to the COR for certification and whereas the COR shall submit the invoice for processing.

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

4.3.1 Substantiated Documents. 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 or on the TO template.

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

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

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

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

4.3.1.4 The Government 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.

4.3.2 Extenuating Circumstances. The Contractor shall (when requested by the Contract

Officer CO “only”) provide Life Support Activities (LSA) services in addition to S&RTS functions at the port when extenuating circumstances exists. The Contractor shall have the ability to provide or subcontract LSA for military personnel transitioning through or in support of military port operations. LSA may include but are not limited to, transportation, billeting, catering meals, mobile shower, mobile office space, mobile sanitation trailers, mobile laundry, high output generators, trash removal, cleaning services and other amenities. These additional services will be only by exception, and will be through advanced notification with approval only by the CO in direct support of this contract. When/if LSA support is needed the Contractor and the CO shall negotiate cost. The Contractor shall be compensated all services, supplies or materials to include administrative costs IAW OOP expense procedures.

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

4.4.1.2 The Contractor shall not receive any compensation for cargo handling conducted by the

Military during these training events, unless commodity, extra labor, equipment rental, or other facility support services were ordered by the COR/OO, whereby the USG will then compensate the Contractor per established rates in the SOR.

4.4.2 In addition to the above, the Government reserves the right to provide Military drivers to operate/drive (load or discharge to/from the vessel) Military vehicles, aircraft or other cargo at any time when determined it is the best interest of the Government to do so. During vessel load or discharge, where military drivers or aircraft support staff were provided, the Government will only compensate the Contractor at the lashing or unlashing only commodity rate (if provided) for those vehicles or aircraft (if applicable) operated/driven by the Military. All other Commodity rates shall apply for all other cargo fully handled by the Contractor.

4.5…