PWS- Saipan and Tinian Port Operations.pdf

PERFORMANCE WORK STATEMENT (PWS)

FOR

PORT AGENT AND STEVEDORING SERVICES

AT

PORT OF SAIPAN AND PORT OF TINIAN 2021 (PORT RECEPTION, STEVEDORING)

1.0 DESCRIPTION OF SERVICES:

General. This contract requires the Contractor to provide a local Port agent/ Stevedores; all stevedoring and related terminal services (further defined within PWS) for a Pacific Pathway Vessel; off-load of all identified equipment from vessel at the Port; provide all material handling equipment and cranes necessary to move equipment off of the vessel into the port staging areas.

Scope. Notwithstanding any other provisions of this contract, Contractor shall comply with all U.S. and host nation laws (as applicable), regulations and guidelines in the performance of this requirement, and shall meet, at a minimum, US Military Service standards unless otherwise stated. In case of conflict, contractor shall identify the conflict to the Contracting Officer. In the absence of specific direction from the Contracting Officer the Contractor shall comply with the most stringent requirements.

Contractor shall be able to operate 24 hours a day 7 days a week when necessary. The Government shall provide a minimum of 24 hours’ notice when operational hours are required to exceed normal business hours.

Period of Performance. Period of performance will run approximately from 09 July to 31 August 2021 at both the Port of Saipan and the Port of Tinian. The US Government currently estimates the vessel will need clearance to come into the Ports of Saipan and Tinian beginning 14 July 2021.

1.1 Pre-Operation Meeting. A pre-operation meeting shall occur at least three (3) days prior to the vessel’s earliest estimated arrival date (vessel earliest arrival date 14 July 2021). The Contractor, Contracting Officer Representative (COR) and Contracting Officer shall be present. The COR shall provide an updated briefing on this vessels details and any relevant updates. The Contractor shall provide any required or requested certifications.

Requirements.

Estimated Equipment List. (Provided separately)

Port Reception Services. Designated Contractor shall coordinate for the arrival and departure of all US Government vessels. The contractor will be responsible to the COR concerning the initial arrival, subsequent departures and arrivals, final departure, and while the vessel is berthed at the Port of Saipan and the Port of Tinian.

The general scope of Port Reception includes:

1. Safety and Security (Risk Assessment)

2. Pilot

3. Tug Support

4. Port/Berthing Fees

5. Line Handlers

6. Customs

Risk Assessment. A risk assessment must be conducted for handling of the product by the contractor and supervising personnel prior to discharge.

Pilot. Contractor shall coordinate for pilot services to be available if compulsory and or if requested from the US Government vessels

Tug Support. Contractor shall coordinate for tug support to be available if compulsory and or if requested from the US Government vessels

Port/Berthing Fees. Contractor shall coordinate all required port/berthing fees incurred by the vessels at the Ports of Saipan and Tinian.

Line Handlers. Contractor provides sufficient line handling support to facilitate docking and undocking of US Government Vessels.

Customs. Contractor shall coordinate all customs requirements associated with arrival and departure of US Government vessels in accordance with applicable CNMI, Guam, and Department of Defense (DoD) regulations.

Emergency Or As Needed Husbandry Service for LSV

- May include:

o Trash Removal o Bilge Water and Oily Waste Removal o Potable Water o Berthing Space o Tug Service o Any Additional services (as needed)

Stevedoring Capabilities. Contractor shall provide stevedoring to receive, dispose, process, and load/discharge one Logistics Support Vessels (LSV) vessel carrying a total of 22 pieces of cargo at the Port of Tinian and one Logistics Support Vessel (LSV) carrying a total of 43 pieces of cargo at the Port of Saipan. Contractor shall provide sufficient qualified labor, gear, equipment, materials, and an in-port staging area for all listed equipment that does not impede download/upload operations to satisfy this contract.

The general scope of Stevedoring Services includes:

1. Safety and Security (Risk Assessment)

2. Discharging/Loading

3. Cargo Receipt

4. Cargo Intra-Terminal Transfer

5. Crane / Material Handling Equipment Support/Yard Dogs

6. Salvage Tug Support

Risk Assessment. A risk assessment must be conducted for handling of the product by the stevedore and supervising personnel prior to discharge

Vessel Loading/Discharging. Contractor will provide all services for receipt and movement of all cargo from the vessel to the cargo staging area. Contractor provides Crane for load on and load off operations able to lift all the equipment onto the commercial or government vehicle identified for inland transportation.

1.2 Lift-On/Lift-Off (LOLO) and/or Roll-On/Roll-Off (RORO) shall be the method/s utilized to load and discharge the vessel.

Cargo Receipt. During cargo discharge the contractor assumes custody and responsibility for cargo once the cargo is secured to the crane lifting device until cargo is loaded onto line haul vehicles and the reverse for vessel upload. For RO/RO operations, contractor will not be require to operate military equipment being discharged or uploaded from the vessel.

Cargo Intra-Terminal Transfer (Drayage). Intra-Terminal Transfer is repositioning of cargo from its initial point of rest to other locations within the port/terminal. Contractor shall be responsible for removing cargo from the vessel and staging in a designated area. From the staging area, the Contractor is also responsible for providing all MHE (Material Handling Equipment) to load all cargo onto line haul equipment.

Material Handling Equipment (MHE) Support. Contractor shall provide at least 60 ton capacity crane for lift support at the Ports of Saipan and Tinian. Contractor shall provide all personnel, forklifts, container handlers, yard dogs and other required material handling equipment (MHE) in accordance with equipment listing in order to facilitate discharge/ upload in accordance with equipment list.

Salvage Tug Support. Contractor shall coordinate for standby tug support in order to provide open ocean towing capability in the event of a catastrophic maintenance casualty at sea. The tug must provide a range of up to 700 Nautical Miles, and be capable of stern tow of a vessel from the point of failure into safe harbor.

Contractor Duties. General Contractor duties and requirements are defined within this section. Duties and requirements specific to the particular port within the scope of this contact are defined below. Contractor shall report all accidents, injuries, damages, threats, or suspicious activity to Government cargo immediately to the COR.

Definition of a Performance Requirement. Performance Requirements are described as performance objectives, measures, and standards in the following manner:

Performance Objective – A statement of the outcome or results.

Performance Measures – Critical objective characteristics monitored by the Government.

Performance Standards –Targeted level or range of performance levels for each performance measure.

Use of Performance Measures/Standards. Not every performance objective in this contract has a related performance measure or performance standard. However, every performance objective is a contractual requirement. For those performance objectives without a specific measure or standard, measures and standards used are in accordance with (IAW) standard commercial practices.

Vessel Loading Planning is the evaluation of stevedoring and related terminal services to ensure an efficient and economical operation by providing qualified labor, equipment and materials to accomplish those services. This shall include all operations aspects that ensure Contractor provides required labor, equipment and resources to perform the operation. Planning shall include, but is not limited to: allocation of laborers and estimated time of completion, staging plans, plans for export shipments, and other distribution and transportation planning, as required, to move cargo sponsored by the United States Department of Defense. Contractor’s on-site manager shall attend Cargo Operations Meeting, as scheduled to review current operations, discuss and/or finalize operation plans for the next work period and activities. Hold operational planning meetings as-needed to finalize planning.

Performance Objective No. 1 –Contractor manager shall participate in all operations meetings and other meetings regarding vessel loading/discharging, as required, as well as to be available at all times during operation to coordinate stevedoring activities.

Performance Objective No. 2 –Contractor shall receive and review cargo lists for accuracy and efficiency of terminal and vessel operations, and report discrepancies to the Contracting Officer’s Representative

COR.

Performance Objective No. 3 – KO or COR shall approve all extra labor and/or delay time before the service is performed. Contractor shall maintain timesheets, with one hundred percent (100%) accuracy, for all contractual services furnished by his own and subcontractor’s operations. This performance objective is only applicable to CLINS that are paid at an hourly rate (if any, they may not be included in this contract).

Loading Vessel. Loading Cargo is movement of cargo from place of rest to point of stow on the vessel in accordance with this PWS and COR. Where possible, the Government shall:

Resolve cargo discrepancies (including Hazardous Material (HAZMAT)).

Identify sensitive/classified/HAZMAT cargo and provide handling instructions.

Performance Objective No. 4 – Contractor shall coordinate vessel activity with the COR.

Prior to the start of each loading (Vessel) operation, the COR shall provide Contractor with a mutually agreed upon timeframe for completion of loading. Loading operation completion timeframes will be determined based on such factors as cargo volume, stow factors, cargo mix and vessel, vessel type being worked. The Government estimates a 24 hour process to offload/onload cargo. Government will not hold Contractor accountable for delays in loading operations resulting from circumstances beyond his control or responsibility. Numerous factors are known to affect productivity, including but not limited to: weather;

security incidents; simultaneous operations; port congestion; and vessel condition.

Performance Objective No. 5 – Contractor shall upload equipment in accordance with COR provided load plan. Contractor shall provide loaded cargo condition to COR at time of loading. Contractor shall properly handle sensitive, classified, HAZMAT cargo in accordance pre-stow (load) plan.

Performance Measures:

Discharge and stow measures

Performance Standards:

Load/secure without damages: One percent (1%) max allowable deviation for damages under one thousand US dollars ($1000), otherwise 0% deviation.

If cargo damage or loss occurs, or cargo is not loaded or is miss-shipped, Contractor shall give an oral report to the COR within thirty (30) minutes and submit a full written report to the COR within twelve (12) hours following occurrence or discovery of the incident.

Performance Objective No. 6 – Contractor shall clean vessel and surrounding area of securing materials and Contractor-debris following vessel upload or discharge. Contractor shall arrange any washing down of vessels required. This will need to be conducted in a quarantine approved premises in coordination with the Ports of Tinian and Saipan.

Performance Objective No. 7 - Contractor’s on site manager and/or supervisors shall meet with COR at the end of each operation shift to reconcile operations records. At this time contractor manager and/or supervisors will provide a report of equipment upload and discharge.

Performance Objective No. 8 - Contractor shall verify personnel identified as crane operators are certified to operate cranes and MHE used to support operations prior to the start of operations.

Performance Standards:

100% of contract employees have current, required certification documents for equipment operated under performance of this contract. Documentation is subject to COR review at any time.

Performance Objective No. 9 –Contractor shall document equipment location at the port and provide upon request by the COR location.

Performance Objective No. 10 –Contractor shall discharge and upload cargo in accordance with approved Contractor-generated Discharge/ load Plan and stage in accordance with approved Staging Plan within agreed time frames. Contractor shall handle sensitive, classified, and HAZMAT in accordance with the Discharge Plan and COR instructions. Contractor shall unlash, unsecure, breakout, and move cargo to staging area. Contractor shall document all cargo discharged and upload using automated or manual tally sheets.

Stevedores must provide the following services:

1. A traffic management plan in coordination with COR and Ports of Tinian and Saipan for discharge of cargo/ vehicles.

2. Trained and have current procedures in the handling dangerous goods and it will be in accordance with all U.S. and host nation laws (as applicable).

3. A risk assessment must be conducted for discharge/ upload operations. Risk assessment is required upon the acceptance of contract.

4. If any washing down of vessels is required, this will need to be conducted in a quarantine approved premises.

5. Work with Commonwealth Ports Authority for additional if required Port of Tinian and Port of

Saipan requirements.

Port of Saipan Manager: Rodney James S.N. Taisacan Port of Tinian Manager: Antonio Borja

Performance Objective No. 11 – Invoices Contractor shall submit one hundred percent (100%) legible invoices and DD Forms 250 or Material Receiving and Inspection Report provided by the COR within two

(2) days after the end of period of performance as identified in the contract.

Performance Objective No. 12 – Equipment Load- Contractor shall adhere to all timelines identified and equipment loaded and secured with 98% accuracy.

Performance Objective No. 13 – Material Handling Equipment (MHE). Contractor shall be responsible for providing MHE for uploading and downloading all cargo/equipment from the vessels at Port of Tinian and Port of Saipan. All cargo/equipment shall be unloaded from the vessels immediately upon arrival at the Ports of Tinian and Saipan. Contractor shall plan accordingly to meet this timeline when planning and scheduling discharge and upload of cargo.

SPECIAL CONTRACT REQUIREMENTS

Hazardous Cargo. The International Maritime Dangerous Goods Code (IMDGC), applicable CNMI Standards, Department of Defense (DoD) standards, whichever is more stringent, shall govern transportation and handling of hazardous cargo for shipment.

Lost, Damaged, Destroyed (LDD) Property while in Contractor Custody. Contractor shall immediately notify COR of any damaged, lost or pilfered cargo in Contractor care, custody or possession. Record and report to COR all available facts relating to each instance of Loss, Damage or Destruction (LDD). LDD reports shall be made orally to COR within thirty (30) minutes from when Contractor becomes aware of occurrence and in writing within twelve (12) hours to the COR.

Safety. Contractor is responsible for safety of employees during all contractor operations conducted IAW this PWS, the U.S. Occupational Safety and Health Administration (OSHA), Port Authority and CNMI safety regulations and guidance, whichever is more stringent and applicable.

Accident Reporting. Record and report to the COR all available facts relating to each instance of injury to either Contractor or Government personnel. Accident Reports shall be made orally to COR within thirty (30) minutes after Contractor becomes aware of occurrence and in writing within twelve (12) hours to COR.

Equipment Operation/Maintenance. Contractor shall maintain all equipment in an operable condition. All vehicles/equipment shall, as minimum, meet mechanical inspection standards of US Occupational Safety & Health Administration (OSHA) Regulation, Port Authority, and CNMI, whichever is more stringent.

Contractor shall immediately replace, at their expense, any Contractor-furnished vehicle/equipment as a result of a breakdown. Contractor will not charge Government delay time for time lost due to a breakdown or any other failure of Contractor- furnished vehicles/ equipment.

Environmental Compliance. Contractor shall comply with all applicable Department of Defense, Port Authority and CNMI laws and regulations. Contractor provides to port managers of the Ports of Tinian and Saipan their Spill Contingency and Response Plan. Make available to the COR a spill contingency and response plan that, at a minimum, complies with CNMI laws. Contractor spill contingency and response plan shall specifically describe how Contractor shall prevent and respond to spill incidents. Contractor shall submit its Emergency Response Plan to COR prior to discharge operations.

Contractor Liability. In the event of accidental or deliberate discharge, and Contractor fails or refuses to remediate the spill, contractor shall be held liable for all clean-up costs.

Emergency Response Supplies. At no additional cost to the Government, Contractor shall maintain supplies for emergency response and routine maintenance releases. These supplies shall be available, or accessible, in sufficient quantity to resolve any anticipated volume of materials, wastes or contaminants that could potentially affect or adversely impact the environment.

SECTION II

SERVICES SUMMARY. The Government shall use the information contained in the below table to assess the contractors quality of product and to monitor compliance with contract. If the contractor is found not to meet the standard the Government shall request and negotiate consideration for non-compliance with the contract.

Performance Objective

Standard Surveillance

Please see Performance Objectives identified in Section I.

Not every performance objective in this contract has a related performance measure or performance standard.

However, every performance objective is a contractual requirement. For those performance objectives without a specific measure or standard, measures and standards used are in accordance with (IAW) standard commercial practices.

1) Random inspections conducted by

COR

2) Customer Complaint

3) Periodic Inspection

4) Scheduled Meetings

2.1 Periodic Inspection: This method requires the COR to employ a “spot check” style of evaluation.

2.1.1 Any unsatisfactory inspection (defect) results shall be recorded and the Contractor shall correct the defect within two (2) hours of notification at no cost to the US Government.

2.1.2 Exceeding the performance threshold for any of these performance objectives more than two times shall result in a warning or letter of concern from the KO.

2.1.3 Continuing to exceeding the performance threshold of these performance objectives during the contract period of performance shall constitute an immediate meeting between the Contractor, Contracting Officer, COR (Contracting Officer Representative). All remedies shall be IAW the Federal Acquisition Regulation (FAR) 52.212-4 (a), Contract Terms and Conditions - Commercial Items, Inspection/Acceptance.

2.2 Customer Complaints: The COR will receive and investigate complaints. The COR shall be responsible for initially validating customer complaints. The KO shall make final determination of the validity of customer complaint(s) in cases of disagreement between the COR and the Contractor.

Validated customer complaints shall be corrected before the next operation.

2.3 Random Inspection: Random Inspection is a COR evaluation method designed to evaluate some part, but not all, of the contract requirement being monitored. Using random surveillance, any occurrence of a contract requirement is as likely to be evaluated as any other occurrence. With this type of surveillance, the Contractor is unable to guess which occurrences of work are most likely to be evaluated.

Evaluations are conducted by the COR. Results are compared to performance standards to check conformance. Any unsatisfactory inspection results shall be recorded and the Contractor shall re-perform the service within two (2) hours after notification.

2.3.1 Exceeding the performance threshold for any of these performance objectives more than two times shall result in a warning or letter of concern from the Contracting Officer.

2.3.2 Continuing to exceed the performance threshold of these performance objectives during the contract period of performance shall constitute an immediate meeting between the Contractor, Contracting Officer, and COR. All remedies shall be IAW the Federal Acquisition Regulation (FAR) 52.212-4 (a), Contract Terms and Conditions - Commercial Items, Inspection/Acceptance.

2.3.3 Quality Assurance (QA). Government shall conduct its QA responsibilities in accordance with the contract’s Quality Assurance Surveillance Plan (QASP). Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. Contractor shall not limit or hinder Governments access to places where services (to include services performed by sub-contractors) are performed. At its discretion Government may or may not notify the contractor in advance.

SECTION III

GOVERNMENT FURNISHED PROPERTY (GFP), EQUIPMENT (GFE) AND SERVICES

US Government Furnished Property/Facilities. None.

Site Survey. A site survey will be conducted at least 72 hours prior to the vessels scheduled arrived in Port with the winning contractor, the Contracting Officer and the Contracting Officers Representative. No additional site surveys will be coordinated through the Contracting Officer.

The Government will make no alterations to the existing facilities. Any alterations required by the contractor shall be made at the contractor’s expense. Written approval must be obtained from the Contracting Officer prior to altering the facility. The contractor shall restore altered facilities to their original appearance and condition at the completion of the contract unless told otherwise by the Contracting Officer.

Provided Equipment. None.

Provided Services. None.

SECTION IV

GENERAL INFORMATION

Contract Manager. Management involves allocation and coordination of resources to accomplish a mission/operation. Contractor shall provide a dedicated manager and at least two (2) alternates to serve as points of contact for interface with the Government on all contract-related performance activities and issues.

These individuals must have decision making authority and act as central points of contact. Contractor shall provide telephone numbers for contract manager and alternates. There shall be a manager/alternate available twenty four hours per day. Manager and alternate shall meet as necessary with Government personnel designated by the COR to discuss contract performance and/or problem areas. Contract managers and alternates shall be able to read, write, speak and understand English.

Persons Excluded from the Premises. Contractor shall not allow anyone banned by any authority from the premises to have access to terminal facilities, equipment, or other material related to terminal operations.

Alcohol/Drug Use. The consumption of alcoholic beverages or illegal drugs by Contractor personnel, while on duty, is strictly forbidden. The Contractor shall immediately remove any employee who is under the influence of alcohol or drugs. Smoking shall be allowed in designated areas only.

Standards of Conduct: The Contractor shall be responsible for the performance and conduct of all personnel employed under this contract. Contractor personnel shall abide by all security regulations of the installation and shall be subject to such checks as may be deemed necessary. No verbal or physical abuse will be tolerated.

Contractor personnel shall not:

Purchase any items from the local economy for any US Personnel without authorization from the Contracting Officer or COR.

Utilize personal cameras or recording devices to take pictures, video or audio recordings of U.S. armed forces personnel, equipment, or installations without first obtaining permission to do so. Any devices used to record without permission are subject to inspection or confiscation by U.S. security officials. Devices will be returned once sanitized.

Security Requirements: Contractor shall adhere to current installation security policies. Employees may be subject to search upon access to the installation and while working on the installation in accordance with local policies and security procedures.

Security. U.S. Government shall provide security of contractor personnel on site commensurate with the threat.

Information. All information furnished to Contractor shall be FOR OFFICIAL USE ONLY (FOUO).

Government information provided relating to the specific dates, times, origin/destination locations, and contents of shipments/cargo are not releasable to the public or other personnel who do not have an official need to know. Any information, meeting these criteria must be approved for release via the COR before it is sent outside of official channels. Official channels consist of personnel that are within the scope of the contract and have a need-to-know or access the information Compromise of any information will be reported to the COR at the earliest possible instance.

Definitions and Duty Descriptions.

Government. In terms of this contract, Government refers to the US Government. The Government representative is the Contracting Officer.

Contracting Officer. The authorized representative of the US Government that can obligate the US Government, via written contract or verbal authorization, for consideration to a private party that provide supplies or services to the US Government in accordance with agreed upon terms and conditions of the contract or verbal authorization. Only the Contracting Officer can modify this agreement. The contract and verbal authorization cannot exceed his warranted authority.

Contracting Officer’s Representative (COR). The appointed representative of the Contracting Officer that provides oversight of the contractor in accordance with the Performance Work Statement contained within the contract. The COR cannot change the contract’s terms or conditions. ONLY the Contracting Officer may alter the terms of this contract, make applicable agreements, or obligate US government funds.

The COR can raise issues with the contractor and work to solve issues as long as it doesn’t change the contract terms and conditions; and doesn’t cause the COR to solve the problem for the contractor or results in the COR working for or representing the contractor.

The COR shall be responsible for continuous observations of the Contractor’s performance under this contract. All observations of incomplete or defective performance, or safety and regulatory standards violated shall be recorded.

The COR shall issue written notices to the Contractor and shall require the Contractor to reply, in writing, to the COR within one workdays after receipt, explaining reasons for the existing conditions, the corrective action, and procedures taken to prevent recurrence (This does not extend the shorter timelines identified in the Performance Objectives in Section I of the PWS). This timeline shall cover all other notices not explicitly defined elsewhere in this PWS.

The COR shall inspect and accept the goods/services performed by the Contractor, and shall not sign for any goods or services not received or not to standard.

Verify quantities and/or services on the vendor’s invoice.

Inform the Contracting Officer of any performance problems.

The COR for this contract will be appointed by the Contracting Officer and identified by name to the Contractor prior to the start of the contracts Period of Performance.

(END OF PERFORMANCE WORK STATEMENT)