RFI_Attch 3_DRAFT Performance Work Statement.pdf

Attachment 1 – Performance Work Statement

PERFORMANCE WORK STATEMENT (PWS)

For

Port Operations & Related Transportation Services

(PORTS)

23 Mar 23

Military Surface Deployment and Distribution Command (MSDDC)

Port Operations & Related Transportation Services (PORTS)

Performance Work Statement

TABLE OF CONTENTS

Section Topic Page

1.0 Background and Scope 3

2.0 General Security Requirements 4

3.0 General Safety Requirements 7

4.0 General Contractor Requirements 14

5.0 Service Delivery Summary 37

6.0 General Contract Administration 43

Appendix A Ordering, Invoicing, and Payment Instructions 46 Appendix B Vendor Threat Mitigation 49

1. BACKGROUND AND SCOPE

1.1 Background. Since its establishment in 1965, Military Surface Deployment and Distribution Command (MSDDC) has played a vital role in our nation’s defense, providing a global standard for surface deployment and distribution of Department of Defense (DoD) cargo through the Defense Transportation System (DTS) worldwide. MSDDC has supported the United States Government (USG) interests and its warfighters in war, major contingency, training exercises, drug enforcement and humanitarian relief operations where our Military forces are needed and deployed. MSDDC, headquartered at Scott AFB, IL is an operational-level United States (U.S.) Army Command designated by the Secretary of the Army as an Army Service Component Command (ASCC) of U.S. Transportation Command (USTRANSCOM).

1.1.1 Providing the interface between the DoD and other USG agency shippers and its contracted global network of commercial transportation industry partners and designated strategic seaports, MSDDC operates as the Single Port Manager (SPM) responsible for providing worldwide coordination from origin to destination and all surface traffic.

1.2 Scope. The Port Operations & Related Transportation Services (PORTS) contract will enable MSDDC to fulfill its global mission by providing strategic seaport services encompassing five area Combatant Commands (COCOM) i.e., Africa Command (AFRICOM), Central Command (CENTCOM), European Command (EUCOM), Indo-Pacific Command (INDOPACOM), & Southern Command (SOUTHCOM). MSDDC is the ASCC tasked as the SPM providing contracted stevedoring and longshoring services in support of DoD, DTS booked cargo that consists of military vehicles up to 150,000lbs, containers, general breakbulk, aircraft, Arms, Ammunitions, Explosives (AA&E), related supplies and materials. DTS booked cargo is shipped in substantial, reoccurring, and consistent volumes on many trade routes, whereas the PORTS will be the primary contracting tool for handling USG cargo schedule for import and export through designated international seaports.

1.2.1 Provide full scale seaport operations and support (i.e., Stevedoring and Related Terminal Services (S&RTS)) within 30 calendar days’ notice at any designated seaport using primary or subcontracted stevedore services or related port tariff services common throughout the world, as defined in the Shipping Act of 1984.

1.2.1.1 S&RTS shall include but not limited to the full spectrum of seaport/terminal operations, (e.g., general and skilled labor) i.e., drivers, mechanics, crane operators, Material Handling Equipment (MHE) (e.g., forklifts, container handlers, semi-trucks/trailers, chassis, tugs/tow vehicles, cranes, crane rigging & spreader bars, gear, tow bars, and all tools of the trade).

S&RTS shall include facility support (e.g., port security, portable office space & latrines, cargo staging/storage space (open and covered), checking and tally (C&T) cargo services, yard and port management services, and processing/customs & agricultural clearance from cargo reception at the port (in-gate at the Port of Embarkation POE) to disposition (out-gate at the port of debarkation POD) by/from/to all commercial/military conveyances as designated by the Contracting Officer (CO) or their appointed Contracting Officer’s Representative (COR).

1.2.2 In addition to DTS, this contract shall provide S&RTS internationally in connection to import and export of non-DTS sponsored cargo to include but not limited to Foreign Military

Sales (FMS), Humanitarian Assistance Programs (HAP), shipments from commercial entities for use by DoD e.g., Defense Logistics Agency (DLA), Household Goods (HHG) and Privately Owned Vehicles (POVs), and handling cargo for other US Federal Agencies other than DoD.

This contract shall apply to S&RTS functions performed during peacetime as well as those provided in exigency areas.

**NOTE: Performance of tasks, facility support, and time schedules will be dependent upon mission requirements as specified by individual numbered Request For Task Order Proposal

(RFTOP).

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

**NOTE: Subsequent references to “the Contractor” shall also include its employees, or its subcontractor(s) and their employees, and infer “all” awarded Contractors.

**NOTE: Subsequent references to “Port” throughout this PWS shall infer to mean all areas of the seaport, i.e., piers, wharves, warehouses, lots, yards, staging areas, and railheads (if located within the boundaries of the port).

2. GENERAL SECURITY REQUIREMENTS

2.1 Security requirements applicable to all S&RTS operations are defined in this section.

Additional port-specific requirements may be provided in the task order (TO).

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, personnel are not authorized to obtain a DoD Common Access Card (CAC) or Alternative Smart Card Logon (ASCL) tokens.

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

2.2.2 Vendor Threat Mitigation (VTM). 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 B for further instruction for this requirement.

2.3 Ground Rules and Constraints.

2.3.1 Personnel list. Each Contractor shall provide comprehensive list of all permanently employed personnel hired directly by the primary Contractor(s) or subcontractor(s) to the CO and COR’s within two (2) calendar days after TO award.

2.3.2 Personnel Screening. The Contractor shall ensure its employees meet USG 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 its Host Nation(s) (HN).

2.3.2.1 The Contractor shall provide background check (at Contractor’s expense) for those employees listed as permanent. The Contractor shall utilize local law enforcement agency for US citizens or HN police to screen Local Nationals (LN) employees to ensure they do not have any criminal offenses, suspended driver’s license or passports. In addition, Contractor employees may be required to undergo further background investigations and security checks as determined necessary by both USG and/or HN officials.

2.3.2.2 The Contractor shall not employ any person under this contract convicted of any of the noted offenses above or who presents any of these unfavorable behaviors or is simultaneously an employee of the USG or those who refuse screening. The Contractor further agrees if employment or continued employment of any Contractor employee is prejudicial to the interests, perceives to be in conflict of interest, or endangers the security of USG personnel, cargo shipments, or contract information, the Contractor shall make the necessary changes to remove those employees from interacting or engaging with US personnel while associated to any USG S&RTS contracted services.

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 designated by the COR.

2.3.5 Workers Identification Badge/Card. All permanent and temporary personnel, hired directly or indirectly by the Contractor for work being performed under this contract, shall have in their possession, and display when required, a current Workers Identification badge/card or host nation equivalent issued by the Port where stevedoring/longshoring services are being ordered. The Contractor shall ensure compliance with this requirement as well as Transportation Security Administration and 33 CFR, Chapter 1, Subchapter H, Part 104 – Maritime Security Vessels: and Host Nation or International Security requirements.

https://www.ecfr.gov/current/title-33/chapter-I/subchapter-H/part-104

2.4 Seaport Security. Physical security is the protection of people, property, and physical assets from actions and events that could cause damage or loss. This includes protection from fire, flood, natural disasters, pilfering, theft, vandalism, and terrorism. Physical security describes security measures that are designed to deny unauthorized access to facilities, equipment, and resources and to protect personnel and property from damage or harm shall https://www.ecfr.gov/current/title-33/chapter-I/subchapter-H/part-104 include but not limited to shipping containers for security walls or storage, concrete barriers, fencing, locks, or subcontracted security services (i.e., stationary, or roving guards/K9). The COR/OO shall discuss with the Battalion Security Officer (BSO) any security measures needed in addition to Port or HN forces. When ordered, the Contractor shall provide those or other additional physical security measures.

2.4.1 Aircraft & Sensitive Cargo. The Contractor, when ordered, shall provide additional security for military aircraft, sensitive cargo, or armored vehicles being staged for further disposition. The Contractor shall adhere to AR 190-11 and AR 190-5 (chapter 3-3, 3-4, 3-5, at Risk level III) & DOD 5200.08-R, Physical Security Program, where all staged aircraft or sensitive cargo (containerized arms or armored vehicles) shall be under continuous surveillance.

2.5 Military Installation/Base Access. The Contractor shall ensure all Contractor or subcontractor personnel adhere to all security requirements set forth by the Base Installation Commander at designated USG international seaports at all times.

2.5.1 Base Clearance. In order for Contractor personnel to gain access to any military designated seaport, they must obtain a security badge. The Contractor shall provide a list of required personnel to the relevant Transportation Battalion (TB) identifying each by full name, date and place of birth, residence and employer/company name if not directly employed by the Contractor and a legible copy of a valid identification card or document. The Contractor shall only provide a reasonable number of personnel, not more than double amount normally needed.

When submission of a new person is necessary it shall always be in substitution of an already cleared person. Substitutions are only accepted in order to maintain a reasonable amount of cleared personnel that have authorized entry. The Contractor is responsible to ensure all required personnel are indeed cleared for entry one (1) day prior to start of operations.

2.5.2 Contractor personnel who refuse screening will be denied access to USG operated seaports. Screening results and the applicant’s request for clearance approval shall be submitted to the relevant TB, for vetting through their Brigade (BDE) S-2 before the mission start date.

Screening shall be completed prior to any badge issuance. Personnel that are not pre-cleared, and therefore not listed at sentry gates, shall be denied entry. The Government will not be considered liable for any additional costs resulting from the Contractor’s failure to obtain pre-clearance. Failure to obtain pre-clearance is not considered an excusable delay under Federal Acquisition Regulation (FAR) 52.212-4(f).

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.

2.7 Law Enforcement/Counterintelligence. In the event of a known or potential intrusion, the Contractor shall consent to responding counterintelligence or law enforcement investigative agency requests to apply forensic analysis tools to Contractor information systems affected by the intrusion, including monitoring tools, imaging tools, and any other techniques the agency seeks to apply effectively to analyze the intrusion. The Contractor shall allow the responding counterintelligence and/or law enforcement investigative agencies to image affected systems, including systems containing proprietary information. Nothing in this contract shall limit the ability to conduct law enforcement or counterintelligence activities, or other activities in the interest of the USG.

3. GENERAL SAFETY REQUIREMENTS

3.1 General safety requirements applicable to all PORTS operations are defined within this section. The Contractor is directly responsible for the Safety and Occupational Health (SOH) standards of its employees and must comply with The Occupational Safety and Health Act of 1970; or any other applicable Federal, State, and local laws, codes, ordinances, and regulations.

The Contractor is responsible to meet the requirements of FAR 52.236-13 Accident Prevention to include deliverables defined by the FAR. Additional port-specific requirements may be provided in the TO.

3.2 Enforcing and Monitoring Safety. The Contractor's safety plan shall include an on-site dedicated Contractor Safety Officer (CSO) who shall be present at all designated ports/work sites. The CSO shall monitor and ensure compliance with applicable HN, international, local installation, and MSDDC Transportation Battalion safety and fire regulations. The Contractor shall ensure the port and company emergency response plan is followed by all employees.

3.2.1 Safety Stop. The USG reserves the right to halt the Contractor’s operations when the BSO, COR, or other USG representative observes unsafe practices or safety violation(s) where harm to life (e.g., loss of life, limb, or eyesight); injury (e.g., nonfatal injury or occupational illness that might cause one or more days away from work, hospitalization, or temporary or permanent disability); or damage to property or vessel is possible. The Contractor’s operations shall not resume until such time as the Contractor revises their method(s) of operation to correct the safety violations to the Safety Officer’s satisfaction. The USG will not compensate the Contractor for any time incurred by the safety infraction, whereas the USG may hold the Contractor liable for any costs incurred to the USG resulting from operations halted due to the Contractor’s unsafe practice or violation.

3.3 Safe Working Load. The Contractor shall adhere to local authority and DoD standards for “Safe Working Load” for all MHE, lifting gear, to include all cranes (shore or ship), when lifting cargo. 29 CFR§§ 1917.42 Miscellaneous auxiliary gear.

3.4 Personal Protective Equipment (PPE). The Contractor shall ensure all Contractor personnel, to include subcontractor personnel, wear proper PPE in execution of the mission (e.g., safety vest, steel-toed boots, hard hats, leather gloves, long pants) (reference 29 CFR §§ 1918.101-106). The Contractor will designate tasks/areas for use in their safety plan.

3.5 Shift Change. It is recommended the Contractor’s labor force does not work beyond an 8-hour shift; however, the Contractor shall comply with local work rules and/or collective bargaining agreements when one is in place. Exceptions to the above shall be at the TRANS BN Commander’s discretion or based on the TRANS BN Safety Officer’s risk assessment of the USG and mission time restraints.

3.6 Contractor Safety Briefings. The Contractor shall conduct and document safety briefings within the presence of an MSDDC representative for all workers prior to all operations, at each shift change, and when new personnel are added. The COR or MSDDC Safety Officer may also participate in these briefings. Safety briefings conducted by the Contractor shall relate to the type of operation (e.g., truck, vessel, yard, crane, etc.), and, at minimum, must meet local authority, DoD specific guidance and/or OSHA/host nation requirements as defined by the Contractor's safety plan. The Contractor shall conduct safety briefings in both English and, as applicable, in the host nation language. Safety briefings shall include the following basic information:

3.6.1 General safety requirements for each designated SPOD/E

3.6.2 Vehicle and Equipment Safety on the Port and onboard the Vessel

3.6.3 Task or Terminal-Specific (as applicable)

3.6.4 Emergency Procedures and Evacuation Points

3.7 USG Safety Briefing. At its discretion, the USG may conduct additional safety briefings when necessary.

3.8 Explosives Safety. All Contractor personnel who will handle, haul, or manage explosives or explosives process shall complete HAZMAT employee training that meets 49CFR

172.704 and IMDG Vol 1, Chapter 1.3 requirements. The Contractor shall maintain training status for employees and provide confirmation, with dates trained, for personnel who will perform explosives-related tasks to the COR prior to the start of an explosives mission.

3.9 Hazardous Materials.

3.9.1 Hazardous Material (HAZMAT) Certification. The Contractor (at Contractor expense) shall provide minimum of two (2) individuals (Supervisor or Foremen) who shall be certified in handling hazardous materials (HAZMAT) and/or Ammunition & Explosives (A&E) these individuals shall meet HAZMAT and A&E qualifications for personnel who pack dangerous goods; load/unload cargo transport units; handle dangerous goods in transport; and load/unload dangerous goods into/from ships as specified in International Maritime Organization (IMO) Dangerous Goods Code (IMDGC) Chapter 1.3, Training, and 49 CFR Part 172, Subpart H, Training.

3.9.1.1 Accredited training course/institution examples:

• Commercial: https://www.currieassociates.com/hazmat-training/online-training/

• US DOT Safety Institute: https://tsi-dot.csod.com/GlobalSearch/search.aspx?s=1&q=

3.9.1.2 These individuals will act as Points of Contact (POCs) on behalf of the Contractor for oversight in handling all classes of hazardous cargo and must be present at each port location identified by TO.

3.9.2 The Contractor shall remove personnel who are involved in any explosive safety violations or dangerous actions while handling explosives. The Contractor shall provide and comply with procedures to restrict those personnel from handling explosives until corrective actions and additional training are implemented, and a report provided to the COR within two (2) business days of the completion of corrective actions.

3.10 Cargo Segregation. The Contractor shall ensure segregation of all hazardous materials, segregation requirements for incompatible items must be strictly complied with following segregation tables as specified in International Maritime Organization (IMO) Dangerous Goods Code (IMDGC) and 49 CFR as applicable Hazardous Materials Regulations (HMR) will be used to determine segregation requirements for incompatible classes of hazardous Materials. The Contractor shall consider and follow segregation requirements on all vessels and/or subsequent APOD/Es as cargo is received and staged.

3.11 Emergency Response.

3.11.1 Emergency Response Plan (ERP). The Contractor shall provide a comprehensive ERP to the COR/BSO within ten (10) calendar days after TO award. The ERP shall clearly outline emergency procedures for handling leaks and spills of hazardous material/substance (HAZMAT) and its cleanup of the follow: (not all-inclusive list)

• Petroleum, oils, and lubricants (POL) i.e., gasoline or diesel fuels, motor/gear oils, and Grease

• Leaks from military vehicles

• Containers leaking unknown substances

3.11.2 Environmental Compliance Officer (ECO). Those POC’s shall act as the ECO and 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.

3.11.3 Handling Ammunition & Explosives (A&E). The Contractor’s POC’s shall also ensure employees who are in direct contact, or handling A&E comply with:

• DFARS 252.223-7002, Safety Precautions for Ammunition and Explosives (A&E)

• DoD 4145.26-M, DoD Contractors Safety Manual For Ammunition And Explosives

• Defense Explosives Safety Regulation (DESR) 6055.09 when handling A&E

3.11.4 Emergency Procedures for Explosives. The Contractor shall incorporate specific procedures into emergency evacuation, firefighting, and personnel accountability in emergency response plans when explosives operations are conducted. The COR and BSO will ensure the Contractor has the information necessary to meet this requirement.

3.11.5 Damage, Accident, and Loss Reporting. The Contractor shall immediately notify the COR upon discovery of any incident and/or accident that results in injury or death to any personnel or damage to cargo, port property, commercial conveyances, or the vessel. The Contractor shall be responsible to protect port terminals from damage sustained during loading, unloading, and transporting military cargo from or onto a vessel, truck, convoy, or any other conveyance.

3.11.6 Reportable Accident(s). In all instances where an accident (i.e., an unplanned event, or series of events that results in any damage or injury/fatality) occurs, the Contractor shall submit a preliminary investigation report to the COR and MSDDC Safety Officer IAW paragraph 3.11.8.

The Contractor shall follow-up with a full incident/accident investigation report identifying all root causes and corrective actions provided to the COR and HQ MSDDC Safety within 30 calendar days of occurrence.

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

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

3.11.6.3 The Contractor shall assist the USG during any investigation.

3.11.7 Preserve Critical Evidence. After an incident or accident occurs, the Contractor shall secure the 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. The Contractor shall ensure that S&RTS operations do not resume until cleared by the COR, MSDDC Safety Officer, and local (e.g., port/host nation) authorities.

3.11.8 Incident/Accident Reporting Timelines and Requirements will be included in the safety plan deliverables defined in section 3.1.

3.11.8.1 Information required from Contractor within eight (8) hours:

• Date and time of occurrence

• Location

• Brief synopsis (e.g., injured personnel, equipment damaged, and description of activity leading to occurrence)

• Supervisor name and contact information

• List of employees involved or who witnessed

• Extent of injuries and if medical treatment was administered

3.11.8.2 Information required from Contractor at 24 hours:

• Status of injured personnel

• Pictures of affected equipment

• Training certificates/licenses of personnel involved

• Maintenance records of equipment involved

3.11.8.3 Information required from Contractor at 30 calendar days (or sooner if investigation is complete)

• Findings identifying the root cause(s)

• Corrective actions taken to prevent recurrence

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

• Final report from Contractor’s safety representative to COR

3.12 Hazardous Spills and/or Leaks Response.

3.12.1 Spill Contingency and Response Plan (SCRP). The Contractor shall comply with all applicable environmental laws and regulations pertaining to designated SPOD/E and provide a written SCRP to the COR within two (2) calendar days after TO award. At a minimum, this plan shall comply with all applicable directives of the environmental guidance and instructions per standards set by the USCG (United States Coast Guard) or HN port authority. The Contractor’s SCRP shall specifically describe how the Contractor will prevent and/or respond to hazardous spill incidents. In addition, an acceptable secondary containment plan must be submitted in writing as part of the SCRP. 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.

3.12.1.1 The Contractor shall provide spill kits, dry sweep, brooms, drip pans and/or sorbent socks to contain the spill/leakage and disposal of those contaminates.

3.12.2 Leaking Cargo Shipments. The Contractor shall not be responsible for the cost of cleanup of USG cargo leaking POL or hazardous substances so long as leaks or HAZMAT exposure is not caused by the Contractor or mitigated before the leak causes further area contamination. The USG will compensate the Contractor for cleanup of spills, leaks, and disposal of contaminated materials.

3.12.2.1 The Contractor shall attempt to stop the leak, contain the spill, minimize the risk, and clean up the spill. The Contractor shall report immediately upon discovery to the COR, vessel crew, ECO any POL leakage or spillage including hazardous substances on the port property, terminal, or vessel.

3.12.2.2 The Contractor shall not attempt to move any cargo leaking or spilling POL or any hazardous substances unless that cargo is causing subsequent hazard to other cargo, i.e., leaking container stacked on another container, or blockage of or hindering emergency response. Moving cargo with leaking or spilling hazardous materials without notification, the Contractor shall be responsible for the cleanup at its own expense.

3.13 Contract Drivers. The Contractor shall certify that all operator/drivers at Contractor’s expense, as being fully qualified to operate Military vehicles which they are assigned and fully qualified to operate/drive without causing harm or damage to the vehicle, vessel, ground surfaces, or other conveyances. The Contractor shall provide a list of qualified drivers and the vehicle type they are qualified to operate/drive and a copy of each operator/drivers Driver’s License (DL) or HN equivalent to the COR within two (2) calendar days after TO award.

3.13.1 The Contractor shall agree to take full responsibility for actions of all drivers in their employ, resulting in harm or damage to any USG vehicle/trailer, vessel, ground surfaces, or other conveyances.

3.13.1.1 The Contractor employees assigned to operate Government-owned vehicles in the performance of this contract shall be in compliance with AR 600-55 Ch2-1b and applicable HN motor vehicle laws.

3.13.1.2 The Contractor shall ensure that sufficient pools of vehicle operators/drivers are available to operate USG vehicles based on TO requirements within confines of the port (29 CFR Part 1917) as required.

3.13.2 Properly Licensed Operators/Drivers. From time to time, the Contractor shall be required to move oversized cargo or equipment outside/offsite of the port/terminal to other staging facilities that may require them to drive on public roads. It is the responsibility of the Contractor to ensure its operator/drivers have complied with HN laws at its own expense. The Contractor’s operators/drivers are required to be qualified and properly licensed per local HN laws to operate/drive USG Military vehicles on public roads.

3.13.3 Hazmat Operators/Drivers. The Contractor shall provide the COR with a list of names each day of those drivers/operators assigned to handle vehicles, HAZMAT, or ammunition laden MHE per operation. The list shall include a statement from the Contractor verifying that individuals performing these driving functions comply with Army Regulation (AR) 600-55. The USG reserves the right to stop Contractor personnel at any time to verify their qualifications against the approved list of personnel scheduled to perform these functions. The Contractor shall not permit any persons found noncompliant with these standards to handle cargo under this contract and shall immediately report the incident to the COR, who shall, in turn, document the incident in the monthly performance report.

3.13.4 USG Vehicle Operation and Familiarization. The Contractor’s employees assigned to operate/drive Military vehicles/trailers shall comply with USG or international licensing requirements and applicable HN motor vehicle laws (e.g., US vehicle gross weight of 26,000lbs or more requires operators/drivers to have a Commercial Driver’s License (CDL)). 29 CFR§

1917.44 General rules applicable to vehicles.

3.13.4.1 The USG is not responsible for training basic driver skills, however per AR 600-55 The Army Driver and Operator Standardization Program (MSDDC) battalions in charge of port operations will verify all personnel loading or discharging equipment, to include longshoreman, at a minimum, are trained in the following:

• Basic hand and arm signals

• Emergency stopping procedures

• Start-up and shutdown procedures

• Location of controls

• Demonstration of vehicle blind spots

• Preventive maintenance checks and services (PMCS)

3.13.4.2 Familiarization is defined as the knowledge and skills to successfully startup/shut down/operate certain types of Military vehicles due to internal systems or engine configurations where improper starting/stopping sequences need to be followed.

3.13.4.3 Due to availability of Military vehicles, the USG cannot guarantee to the Contractor familiarization training can be conducted. The Contractor shall agree that in the event that the USG provides or predetermines the need for operator/drivers, that the Contractor shall not charge the USG for any vehicle/trailer the USG operates. The USG shall assume that the Contractor shall in good faith provide qualified drivers, however if the Contractor fails to do so and USG provides operator/drivers during the performance of the Contractors awarded TO, the Contractor, Contract officer, and COR shall at time of reconciliation adjust or deduct from the lump sum cost as an equitable adjustment.

3.13.5 Familiarization Training. The USG will make every effort to provide familiarization training (if needed). When Military vehicles are available, the Contractor is responsible for making sure operators/drivers have the basic knowledge and skills of how those vehicles are operated. The Contractor shall attend on-site training at their expense (when available). The Contractor shall ensure personnel in attendance possess valid vehicle driver’s licenses as required for operating military vehicles on and off the vessel and port per AR 600-55 ch2-1b.

3.13.5.1 Known Vehicles shall include but are not limited to, certain class, Stryker’s, Heavy Equipment Transporters (HETS), Mine Resistant Ambush Protective (MRAP), and Armored Tracked Vehicles (ATV).

3.13.5.2 The Contractor shall ensure that sufficient pools of vehicle operators/drivers are available to operate USG vehicles based on TO requirements within confines of the port (29 CFR Part 1917) as required.

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

3.13.7 Remedial Training. The Contractor shall establish a remedial training program for drivers or operators who have had driver at-fault accidents or traffic violations, misused equipment, or otherwise demonstrated a need for additional training on military vehicles or equipment. The COR may also identify individuals who require remedial training. The Contractor shall direct this training towards identifying and correcting individual weaknesses.

The Contractor shall conduct remedial training at no cost to the USG.

3.13.8 Driver Removal. The Contractor shall remove/relieve any driver/operator from driving who is in at-fault incidents involving a US Military Vehicle, where damage was caused, mis-operated, or otherwise demonstrates bad driving habits or skills. The Contractor must re-certify in writing to the COR/BSO, those driver/operators have received additional instructions/training before being allowed to resume driver/operator duties.

3.13.9 Vehicle Speed Limits. The Contractor shall adhere to all posted speed and traffic laws when draying, towing, or operating/driving any USG vehicles in and around the port.

Exceptions to posted speed limits area as follows:

• <5 miles per hour (mph)/8 kilometers per hour (kph) when onboard any vessel, dock/pier, wash rack, or inside warehousing where USG personnel or equipment are present.

• 10mph (16 kph) or less in USG staging areas

• 10mph (16kph) or less when operating CFE-MHE

3.13.10 Vehicle Safety. During all operations, drivers shall not leave any vehicle unattended when the engine is running or if brakes are inoperable.

3.13.10.1 Vehicles with air braking systems that have been determined inoperable (i.e., air system has been compromised, brakes have been caged or considered freewheeling) must not be left unattended unless where restraints i.e., chock blocks, or one set of tie-down (front and rear) have been used. The Contractor shall clearly chalk the words “NO BRAKES.” on all sides of the vehicle when/if braking systems have been discovered inoperable or braking air chambers caged.

Vehicles parked in staging lots shall have all wheels/tracks chocked blocked to prevent rolling.

3.13.10.2 Contractor-provided vehicles shall have mounted fire extinguishers and first aid kits with up-to-date inspection stickers/documentation.

3.13.11 Manning Traffic Control Points (TCPs). The Contractor shall provide personnel for TCPs to include equipping TCPs with signal devices for day and night operations.

3.14 Environmental Protection. The Contractor shall adhere to sound environmental practices and all applicable environmental regulatory guidelines (e.g., Army, host nation, Overseas Environmental Baseline Guidance Document (OEBGD), 15 Mar 02) during operations.

Environmental protection matters shall be coordinated with the COR and seaport Environmental Representative as needed.

3.14.1 The COR or other designated regulatory official, on a non-notice basis, may inspect any facilities occupied or serviced by the Contractor. Access for inspection by authorized personnel shall be granted upon request.

3.14.2 The Contractor shall identify and hold the USG harmless for any fines and penalties that are received or issued as a result of the Contractor’s failure to comply with environmental laws, regulations, or orders unless such fines or penalties are incurred as a result of specific instructions by the COR, in writing, after the Contractor has informed the COR of the potential violation in writing. The USG shall have the right to offset any such monies due.

4. GENERAL CONTRACTOR REQUIREMENTS

4.1 General Contractor requirements applicable to all S&RTS operations are defined within this section. Additional port-specific requirements may be provided in the TO.

4.2 Contractor Services. As denoted in paragraph 1.2, this PWS covers the full spectrum of S&RTS (e.g., general and skilled labor and MHE (e.g., forklifts, container handlers, semi-trucks/trailers, chassis, tugs, cranes, gear, tools)), as well as facility support (e.g., security, office space, cargo staging/storage (open and covered), miscellaneous supplies, fuel, water, and third-party logistics (3PL)), customs clearance, check and tally (C&T), yard and port management services, and processing cargo from its reception to disposition to/from all nodes as designated by the CO or their appointed COR. Performance of tasks will be dependent on the mission as specified in the TO.

4.2.1 The Contractor shall simultaneously handle cargo at multiple work sites, including, but not limited to, working vessel(s) operations (working multiple decks simultaneously), reception and disposition services, inland transportation by loading/discharging commercial truck(s), staging yards, and warehousing 24-hours a day, seven (7) days per week, over the duration of the POP outlined in the TO. The Contractor shall handle cargo through all modes of transport and all classes of supply to include Armed Ammunition and Explosives (AA&E), HAZMAT, sensitive, controlled, refrigerated, and other general DoD cargo IAW current applicable regulations.

4.3 Planning Meeting. Planning meeting(s) will be held prior to each mission, and technical direction will be given to establish when the Contractor’s services are to commence under the awarded TO. The COR will confirm with the Contract Manager(s) the mission details included in the TO (e.g., labor start times, facility terminal services, security, cargo type and status, staging, additional supplies/materials). The Contractor may be required to organize Contractor labor into working shifts to comply with port restrictions. The Contractor and the COR will agree, in writing, on all mission requirements and time schedules for completion. The Contractor shall be informed in no-less than 24-hours prior to operational start times of any changes that may affect the operation, including any necessary deviations that will require a mutually accepted change or new start time.

4.4 Productivity. The Contractor shall provide labor, gear, and equipment to maintain commercial productivity standards. In the event cargo details provided on the TO vary to the point of requiring additional labor, such labor shall also conform to these standards. During reconciliation, the Contractor may be required to demonstrate productivity levels used in establishing the mission lump sum price.

4.5 Delays. The Contractor shall notify the CO and COR in writing as soon as it is reasonably possible after the commencement of any excusable or inexcusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the CO of the cessation of such occurrence.

The USG will not compensate the Contractor for Contractor induced delays.

4.6 Cargo Surge. The Contractor shall keep pace with cargo surge and sustainment of daily throughput capacity, ensuring all conveyances are loaded/unloaded expeditiously and vessels are loaded/discharged on time to meet required shipping deadlines and timelines as agreed to between the COR and the Contractor at planning meetings.

4.7 Labor or Equipment Shortfalls. The Contractor shall notify the COR immediately upon discovery of any labor or equipment shortfalls and communicate its plan to rectify those shortfalls prior to operational start times. The COR will document all discrepancies. If any operational delay is the result of the Contractor’s shortfall of labor or equipment the delay will be at the Contractor’s expense.

4.8 Cargo Inspection. Prior to handling cargo, the Contractor shall inspect all inbound military cargo when the cargo is received (via vessel, truck, or convoy) for damage, leaks, documentation discrepancies, container seal and placard integrity, and other discrepancies. The Contractor shall report issues immediately upon discovery to the COR.

4.9 Damaged, Lost, or Pilfered Cargo. The Contractor shall immediately notify the COR upon discovery of any cargo that is damaged, lost, or pilfered while in the care, custody, or possession of the Contractor. The Contractor shall submit a full written report of the facts and extent of the damage or loss to the COR 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 DA Form 285 for damage estimated to exceed $2,000. The Contractor shall be held accountable for all costs associated with damaged cargo for which the Contractor is the proximate cause of the damage. If USG personnel witness the Contractor’s employees causing damage to cargo, equipment, vessel, commercial carrier assets, etc., the COR will notify the Contractor’s representative.

4.10 Vehicle Identification. The Contractor shall be responsible for providing administrative vehicles (e.g., All-Terrain Vehicles (ATVs), vans, buses, pick-ups) for transportation of its personnel in and around the port(s), to include all work sites. The Contractor shall obtain installation/port access clearance for any vehicles used in performance of a TO. The Contractor shall submit a comprehensive list of vehicles required during the duration of the TO within two

(2) business days after TO award to the COR to obtain access clearance. The list shall identify vehicle type, license plate, and owner/company name. Personally Owned Vehicles (POV) shall not be authorized entry in and around USG equipment unless identified as an official vehicle required for the mission. When submission of a new vehicle is necessary, only substitutions are acceptable to maintain a reasonable number of cleared vehicles authorized entry.

4.11 Contact Maintenance. The Contractor shall provide contact maintenance support to make nonoperational vehicles operational as quickly as possible. Responsibilities for contact maintenance for vessel discharges begins on the vessel and ends when the vehicle is in its designated final place of rest on the terminal. During vessel uploads, maintenance responsibilities begin from the staging lot/yard and end when the cargo is secured in the final place of stow onboard the vessel. During terminal service, work truck maintenance responsibilities begin at the staging lot/yard and end when the cargo is secured on the commercial line haul truck. In the alternative, responsibility begins at vehicle reception and ends in when the cargo is in its designated final place of rest on the terminal.

4.11.1 The Contractor must be equipped and capable of providing light-duty maintenance for vehicles up to 60,000 lbs. and/or heavy-duty maintenance for vehicles over 60,000 lbs. to be loaded or unloaded from each conveyance (vessels or truck).

4.11.2 Contact Maintenance Team (CMT). The Contractor shall ensure its CMT(s) is/are proactive, checking the operational status of equipment being loaded and/or offloaded from vessels, commercial trucks, etc. Inoperable vehicles shall be identified expeditiously, causing minimal work delays. The CMT shall be capable of rapidly troubleshooting inoperable vehicles to get them running as soon as possible (e.g., make minor repairs, hook up battery cables, jump starting vehicles, adjust brakes (caging), pump/inflate tires). Repair parts such as tires or batteries may be furnished by the USG, if available. The CMT shall spend no more than a maximum of 15 minutes on any one vehicle before the determination is made to tow the vehicle(s). The work of the CMT is to enable movement of inoperable vehicle(s) under its own power in a safe and timely manner. Vehicles found to be inoperable shall be marked for towing on the windshield or driver’s side door; the CMT shall prepare the vehicle for towing from/to the vessel to complete mission operations. Each CMT shall consist of a Lead Mechanic (Skill Level III) and Mechanic (Skill Level II) both of whom are capable of performing the work described herein.

4.11.3 Contact Maintenance Vehicle(s) (CMV). The Contractor shall provide CMVs that can maneuver easily throughout the vessel and between vehicles and other cargo. The CMV shall be equipped, at a minimum, with an air compressor large enough to inflate tires to 150 lbs. per square inch (PSI), battery chargers (e.g., Tesla TIMV3000 GPU-24), 25 ft military slave cables, hydraulic jacks, voltmeters, bolt cutters, security seals, diesel and gas fuel cans, starting fluids, and other mechanic tools (manual and air) as needed. Slave cables and tow bars unique to military equipment may be provided by the USG. All other equipment, to include PPE, shall be Contractor-provided.

4.12 Lifting Gear and Rigging. The Contractor shall load test all lifting gear and rigging used in connection with all Military operations. All tested equipment shall be tagged, certifying it meets the required industry and DoD standards IAW TB 43-0241. The Contractor shall make available all records pertaining to required inspections, load testing and certification for review by the COR upon request.

4.12.1 Fixed Gantry or Mobile Cranes. The Contractor shall load/hang test all cranes and its lifting gear per safety standards before each operation’s start time. During operations, the crane operators shall safety/hang lift vehicles and containers before fully engaging the full lift of the cargo.

4.12.2 Specialized Lifting Slings. The USG may provide the Contractor lifting slings and spreader bars or associated materials designed for specific use, unique to lifting aircraft when available.

4.12.3 Rigging School Certification. The Contractor shall provide two personnel (foremen or stevedore) that were school trained and certified in rigging to inspect and rig, heavy lift slings used in all vessels, rail, and truck lifting operations. One certified rigger shall be present at all times during lifting operations to ensure safe and proper selection of lifting gear, rigging techniques, and lifting points are being employed and utilized.

4.13 Contract Completion. Upon termination or completion of this contract or TO, the Contractor shall surrender all USG supplies, materials, and equipment to the COR.

4.14 Labor. The Contractor shall provide all classes of labor, i.e., general labors, skilled labor, checkers, drawers, crane operators, MHE operators whereas the Contractor is responsible for all actions of the provided labor and cost associated to the operation. The USG further recognizes that Contractors when offering their MLSP, shall take into account normal Military operations are performed between the hours of 0600hrs - 2300hrs. Working days may span into weekends and/or holidays unless designated SPOD/E hours of operations prohibit operations.

4.15 CFE. The Contractor shall provide all MHE needed to provide the full spectrum S&RTS at the designated SPOD/E. The Contractor shall be prepared to dray, tow, or lift all types of Military vehicles, trailers, general breakbulk, containers (with or without lifting pockets) and/or aircraft of all shapes and sizes up to 150,000lbs, and be prepared for the load/discharge of all vessels, watercraft, barges, and lighters. Unless provided by the port, the Contractor shall provide portable ramps up to 70-ton capacity for loading/discharging of vehicles from commercial trucks or rail cars. Equipment positioning and set-up will take place prior to operational start time. The Contractor is responsible for the movement of all MHE to/from designated work sites at its expense.

4.15.1 The USG will inform the Contractors of vessel name/description as far in advance as possible. However, this information is subject to vessel availability, schedules, and the charter vessel selection process. The USG will not direct how Contractors provide S&RTS when draying cargo from stagged locations to vessel stow, and stowed cargo to staging or the movement of cargo in and around the port. However, the Contractor’s chosen method shall be safe, efficient and IAW applicable HN laws, regulations, and port authority guidelines.

4.16 Ramps, Spanner Plates. The Contractor shall provide mobile or permanent ramps for loading or discharging railcars and commercial trucks or make arrangements to obtain portable ramps. The Contractor shall provide spanner plates for railcar loading or discharging operation (if applicable) ramps and spanner plates shall be comparable to the weight class of the vehicle being loaded or discharged and shall be inclusive of commodity rates for loading or discharging railcars and commercial trucks.

4.17 USG Use and Rental of CFE. The Contracting Officer, on behalf of the USG, will determine whether the Contractor is unable to perform services under this contractual agreement and will determine the duration of such inability, subject to the Disputes Clause. If, for any reason, the Contractor is unable to perform services under this contract, it is agreed that the USG may elect to rent from the Contractor all of the Contractor’s gear and equipment allocated for performance of this contract at rental rates established…