RFI_Attch 3_ DRAFT PWS - Kuwait.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

PORTS OF KUWAIT

Ports of Shuaiba, Shuwaikh Port, and Kuwait Naval Base (KNB)

Stevedoring and Related Terminal Services (S&RTS)

Performance Work Statement (PWS)

For

Military Operations Terminal

840th Transportation Battalion

Ports of Kuwait

10-3-23

Stevedoring & Related Transportation Services Performance Work Statement

TABLE OF CONTENTS

Section Topic Page

1.0 Background & Scope 2

2.0 General Security Requirements 3

3.0 General Safety Requirements 6

4.0 General Contract Administration 14

5.0 General Contractor Requirements 28

6.0 Terminal Specific Requirements 44

Contract Performance Requirements Summary (PRS) Table 73 Appendix A Regulations, Publications, & Forms 79 Appendix B Glossary of Terms 84 Appendix C Payment Instructions 96 Appendix D List of Acronyms & Abbreviations 100 Appendix E Foreign Entity Vetting 102

1. BACKGROUND AND SCOPE

1.1 Background. The Military Surface Deployment and Distribution Command (MSDDC), headquartered at Scott AFB, IL is an operational-level Army force designated by the Sectary of the Army (SECARMY) as the Army Service Component Command (ASCC) of the United States Transportation Command (USTRANSCOM) and a major subordinate command of Army Material Command (AMC). MSDDC is responsible for providing coordination worldwide for origin to destination surface traffic management support; coordinates surface and multimodal transportation contracted functions for all DOD (and other U.S. Government entities, as authorized, and designated multinational, and interagency elements). Since its establishment in 1965, MSDDC has played a vital role in our nation’s defense by providing support to the warfighter to every war, major contingency, training exercise and humanitarian relief operations where our Military forces are needed and deployed.

1.2 Scope of Service. Provide Stevedoring and Related Terminal Services (S&RTS) at the designated seaport(s) within the country of Kuwait in connection with the import and export of Defense Transportation System (DTS) sponsored cargo. All tasks shall be completed per requirements stated through the Performance Work Statement (PWS) and in a manner consistent with the “Best Commercial Practices”.

1.2.1 S&RTS services will cover the full spectrum of managing US Military cargo (e.g., containers, vehicles, breakbulk, and rotary or fixed wing aircraft) transitioning through designated seaport. Operational tasks and shall include but not limited to all stevedoring and longshoring required for vessel, truck, and rail loading & discharging, port reception and disposition, cargo management staging, intra port transfers, cargo prep, Checking & Tallying (C&T), and handling & warehousing Government provided dunnage and tiedown materials.

1.2.1.1 Requirements includes physical security, facilities, storage/staging, office space, office supplies, and provide documentation/reports for port operation expenses & reconciliation of services to include other related miscellaneous requirements as outlined in this PWS.

1.2.1.1 Contracted services shall include the capability to work multiple vessel(s) and vessel decks simultaneously, at all port(s) located in Country of Kuwait, and in conjunction with operations at each terminal as described in this PWS’s Area of Responsibility (AOR) 24-hours a day, seven (7) days per week, and 365 days per year (see section 6 for port location). All classes of supply that includes military vehicles up to 150,000lbs, Arms, Ammunition, and Explosives (AA&E) & hazardous materials, as well as sensitive, controlled, refrigerated, and/or other general DOD cargo handled through all modes of transport.

1.2.1.2 All services in accordance with (IAW) the PWS require approval from the Contracting Officer (CO) or their appointed Contracting Officer’s Representative (COR), and any work performed without authorization shall be at the Contractor’s expense.

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

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

1.2.1.3 The Contractor shall provide 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 man-hour rates as designated by the Schedule of Rates (SOR).

1.2.2 The Contractor shall obtain written approval from the COR for all work, services, or other terminal operations for which a task order number and ordering template will be issued.

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

2. GENERAL SECURITY REQUIREMENTS.

2.1 General security requirements of the Contractor defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contract further defined in Section 6.2 - Port - Terminal Specific Requirements (security).

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

Personnel assigned to this contract will not require access to Non-Secure Internet Protocol Router Network applications or UNCLASSIFIED Government systems; therefore, personnel are not authorized to obtain a DoD Common Access Card or Alternative Smart Card Logon tokens.

2.3 Ground Rules and Constraints.

2.3.1 Personnel Screening. Contractor shall screen all employees to ensure they do not have criminal records with their home country. All documentation shall be submitted to the COR for review and approval. Prior US military personnel shall be screened for military service criminal offenses. The Contractor shall coordinate with the US Government to properly execute the Foreign National Screening program IAW current policy and Central Command/Army Central Command (CENTCOM/ARCENT) direction.

2.3.2 Screening will be used to complement the badging process and to enhance force protection measures through document examination, verification, and biographical and security interviews. Refusal to be screened will result in the applicant’s access being denied or terminated.

2.3.3 Once the screening process is complete for an applicant, the screening cell will forward the packet with recommendation concerning that applicant’s suitability for access. Any derogatory information may result in the applicant’s access being denied or terminated.

Applicants who have been denied access due to derogatory information may file an appeal to the Contracting Officer for review.

2.3.4 Contractor will submit the following personnel information on all Contractor personnel to the COR/ACOR:

a.

b.

c.

d.

e.

f.

g.

h.

i.

Full name Social Security Number (if applicable) Position Title Citizenship Date of Birth Place of Birth Passport Number Passport Date Issued Passport Date of Expiration j.

k.

l.

m.

n.

o.

p.

q.

Place Passport Issued Security Clearance (if applicable) Organization and Station Work Telephone Number Departure Date Period of Duty Complete Itinerary within Country Emergency Point of Contact Name and Phone Number

The Contractor shall not employ any person under this contract who is simultaneously an employee of the United States Government.

2.3.5 Contractor shall submit a comprehensive list of personnel the Contractor may use during the duration of this contract immediately upon award to the COR, in order to obtain security clearance for those personnel. The list shall identify full name, date and place of birth, residence and employer/company name and include a legible copy of valid identification for each individual. The list should contain a reasonable amount of personnel to meet operational needs, but not more than double the amount that is 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 are authorized entry.

Prior to the day of operations, the Contractor must ensure that all personnel to be assigned/dispatched to ports are cleared for entry. Personnel that are not pre-cleared or listed at sentry gates, shall be denied entry and US Government shall not be considered liable.

2.3.6 Personnel directly hired by the Contractor shall, at a minimum, pass a background investigation with the Area Support Group – Kuwait (ASGKU) Installation’s PMO office.

Personnel must also obtain a Kuwait Port Authority badge in order to work on the port.

Some of the personnel will be required to obtain a badge through the Kuwait Ministry of Defense, depending on the military installation on which they will be working.

2.3.7 The Contractor shall be required to provide personnel information, required documentation, passports, photos, etc. in order to secure access for Contractor employees to U.S.

Government facilities. In addition, Contractor employees will be required to undergo background investigations and security checks as determined necessary by both the U.S. and Host Nation Officials. Contractor shall submit all necessary documentation to the ASG-KU Provost Marshal Office (PMO) for badging at least thirty (30) days prior to the first day of work. The Contractor is responsible for submitting renewal documentation thirty (30) days prior to the expiration of the badge. It is the Contractor’s responsibility to prepare the paperwork for COR signature and to ensure all employees are taken to one of the ASG Kuwait’s Badging offices to process the paperwork and receive the badges. Contractor shall submit all necessary documentation to the Kuwait Port Authority (KPA) for port passes and paying any necessary port access fees.

2.3.6 Operations Security (OPSEC). Information provided during performance shall only be released to personnel/entities who are providing specific services in support of the contract. The contractor shall implement appropriate safeguards to mitigate against the release of said information to third parties external to the transportation and logistics enterprise.

without prior permission. The Government and contractor shall operate in concert to sanitize transportation related information to provide only the most basic elements required to satisfy the requested service. In any case where there is uncertainty or ambiguity, regarding OPSEC protocols, the contractor shall consult the COR and/or Contracting Officer for resolution.

2.3.7 Threat Related Incidents. Persons employed by the Government will report threat-related incidents, behavioral indicators, and other matters of Counterintelligence (CI) interest specified in AR 381-12, Chapter 3, to the Facility Security Officer, the nearest Military CI Office, the Federal Bureau of Investigation, or the Defense Counterintelligence and Security Agency.

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

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

2.3.10 Vehicle Identification. The Contractor shall obtain installation/port access clearance for any vehicles used in performance of this contract. The Contractor shall submit a comprehensive list of vehicles required during the duration of this contract immediately upon award to the COR in order to obtain access clearance. The list shall identify vehicle type, license plate, and owner/ company name. Personal Owned Vehicles (POV) shall not be authorized entry in and around USG equipment unless identified as official vehicles critical to the success of the mission. When submission of a new vehicle is necessary, only substitutions are acceptable to maintain a reasonable number of cleared vehicles authorized entry.

2.3.11 Security Regulation Guidance found at https://www.esd.whs.mil/dd/. Select under “DOD Issuances” the following DOD Instructions and Manuals.

2.4 Privacy Information. Contractor and COR/ACOR, must ensure all personnel information collected, maintained, used, or disseminated is relevant and necessary to accomplish the Contract. Contractor will collect information to the greatest extent practicable directly from and inform the individual of the reason collection of the information is required; authority for collection; who and for what purpose; whether disclosure is mandatory or voluntary; and the impact of not providing the information. Contractor and COR/ACOR will establish appropriate administrative, technical and physical safeguards, for protection of paper, documentation involved, to ensure security of records and prevent compromise or misuse during storage, transfer, or use, including transiting authorized alternative worksites. Privacy information collected, must comply with host nation, DoD, and Army Privacy Act regulations, whichever is more stringent.

2.5 Badges. All permanent and temporary personnel, hired directly or indirectly by the Contractor performing work under this contract, shall have in their possession, and display when required, a current Workers Identification badge issued by each port where military operations is being performed. The Contractor’s management shall ensure compliance with this requirement.

3. GENERAL SAFETY REQUIREMENTS

3.1 General safety requirements applicable to all 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 Host Nation 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 section 6 of this PWS. All Army Safety Regulations can be found at http://armypubs.army.mil.

3.2 Contractors Safety Plan. The Contractor's safety plan due to COR within two (2) days of contract award, 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 TB 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 MSDDC Brigade Safety Officer (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, https://www.esd.whs.mil/dd/ http://armypubs.army.mil/ 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.

3.3.1 Personnel 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. Hard hats must be worn, at all times when working in “designated hard hat areas,” and at a minimum, wear hard hats aboard vessel(s), wharves, and open storage/staging areas when in and around US Military cargo.

3.4 Shift Change. It is recommended the Contractor’s labor force does not work beyond normal workday hours; however, the Contractor shall comply with local Host Nation work rules/laws if applicable. Exceptions to the above shall be at the MSDDC TB Commander’s discretion or based on the MSDDC approved risk assessment of the USG and mission time restraints.

3.5 Emergency Response Plan. The Contractor shall provide a comprehensive safety and security “Emergency Response Plan (ERP) within 5 days of award. The plan will clearly outline procedures for emergency HAZMAT cleanup, or Petroleum, Oils and Lubricants (POL) spills from Military cargo shipments, or leaking CFE (e.g., forklifts, tugs, or 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 its own, the Contractor shall immediately arrange for outside emergency response personnel who specialize in spill containment and clean up. The Contractor shall pay for the entire cleanup and property damage resulting from the leaking Contractor’s CFE or leaks or spills caused by the Contractor’s negligence, which caused damage to USG 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 hazardous materials (HAZMAT) handling. This employee shall be 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 the SOR.

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

up. 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 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. The

Contractor shall be responsible for clean-up at its expense after moving any cargo leaking or spilling POL or any hazardous substances. For leaks not caused by Contractor’s damage, the USG will compensate the Contractor for clean-up of spills at established extra labor and equipment rates, and for materials used in the process of the clean-up.

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 shall be 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. A written Spill Contingency and Response Plan (SCRP) 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 SCRP shall specifically describe how the Contractor will prevent and respond to spill incidents. In addition, an acceptable secondary containment plan must be submitted in writing as part of the SCRP.

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 POL’s. At the Contractor’s expense, the Contractor shall provide containment devices of various sizes when required for temporary and permanent storage facilities that retain POL substances, hazardous materials, and hazardous wastes (i.e., - new or used – oils, fuels, lubricants, solvents, batteries, acids, paints, antifreeze, and/or oily rags, 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 When hazardous materials are required to be stored, The Contractor shall coordinate or provide the use of proper hazardous storage cabinets, bins, or tanks. The Contractor shall provide to the COR and Port Safety Officer (PSO) a current inventory sheet and associated Material Safety Data Sheet (MSDS) for all hazardous materials being stored.

3.6 Operating/Driving USG Equipment and Familiarization. The Contractor’s skilled driver/operator pool assigned to operate USG military vehicles in the performance of this contract will comply with the licensing requirements of the United States (US) and/or applicable foreign nation motor vehicle laws. The Contractor shall certify (at the Contractor’s expense), all operators/drivers as being fully qualified to operate any of the USG’s military vehicles by which they are qualified to drive IAW Army Regulation (AR) 600-55, The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing. At minimum, contractor personnel operating/driving USG Military vehicles shall be familiarized:

• Basic hand and arm signals

• Emergency stopping procedures

• Start-up and shutdown procedures for all types of vehicles

• Location of controls, battery switches, and breaking

• Demonstration of vehicle blind spots

• Preventive maintenance checks and services (PMCS)

3.6.1 Vehicle Operator. The Contractor must document all required operator qualifications and provide this documentation to the COR within two (2) days of contract award.

3.6.1.1 All Contractor personnel operating/driving USG Military vehicles oversized, overweight, wheeled or track vehicles, shall have in their possession a Commercial Driver’s License (CDL) (at drivers’ expense)), with hazardous material endorsements (if applicable) prior to that operator/driver engaging in the operation of USG military vehicles.

3.6.1.2 In order to help maintain Contractor driver pools the USG shall provide “familiarization” training available onsite, the Contractor’s designated operators/drivers shall attend those training events, whereas the USG shall compensate the Contractor for all vehicle operators/drivers attending at manhour rates per schedule 2 of the SOR. The Contractor shall ensure that sufficient pools of vehicle operators are available to operate USG Military vehicles within the confines of the port (29 CFR 1917) as required. Familiarization training on USG Military 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.

3.6.2 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 vehicle operator/driver 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 schedule 2 of the

SOR.

3.6.3 Commercial Truck Drivers. The Contractor shall ensure/verify local drivers of commercial motor vehicles are licensed appropriately for the type of equipment they operate when picking up Military cargo considered HAZMAT, to AA&E. The Contractor shall ensure and document each commercial truck driver has been licensed and with the appropriate HAZMAT endorsement (if applicable to host nation) before releasing cargo.

3.6.3.1 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 USG.

3.6.3.2 The Contractor shall not use ammunition and explosives laden MHE or vehicles for/during operator/driver training at any time.

3.6.4 Hazardous Material (HAZMAT) Certification. The Contractor shall provide as part of this contract (at contractor’s expense) two (2) POCs with HAZMAT certification for oversight in handling hazardous cargo IAW 49 CFR 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 when handling ammunition and explosives. The Contractor’s personnel shall meet the qualification 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 IMDGC Chapter 1.3, Training and 49 CFR Part 172 Subpart H: Training.

3.6.4.1 The Contractor shall provide the COR with a list of names each day of those operators/drivers assigned to handle vehicles, HAZMAT, or ammunition-laden cargo per each 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 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. For any person found non-compliant, the Contractor shall remove that operator/driver from handling cargo, and the incident shall be reported to the COR who will report the incident in the monthly performance report.

3.7 Contractor Safety Briefings. The Contractor shall conduct and document safety briefings within the presence of an SDDC representative for all workers prior to all operations, at each shift change, and when new personnel are added. The COR or SDDC 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 Occupational Safety and Health Administration (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:

3.7.1 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 (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 vehicles (vessel, staging, ramps, backing, or stow)

• Rail crossings (if applicable)

3.7.3 Task or Terminal-Specific (as applicable)

• Terminal and yard configurations, distinctive characteristics

• Safe CFE operation (MHE & vehicles (verify trained/certified/licensed))

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

• Vessel safety (ramps guards, foot traffic on vessel ramps, vessel speed limits)

• 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)

• Reporting of all dropped containers/munitions

3.8 USG Safety Briefing. The USG, at its discretion, may conduct additional safety briefings when necessary and per local Commander’s guidance. The USG’s safety briefing may include information from above or other necessary Command-related information or additional safety concerns. Compensation (unless for safety violation) for the Contractor’s labor shall be placed on stand-by time and compensated per schedule 2 of the SOR. No compensations shall be made to the contractor for “safety Stop/violations”.

3.9 Operation of Contractor Furnished Equipment. The Contractor shall maintain and operate all CFE i.e., MHE used during Military operations IAW applicable local port authority laws, DOD regulations, directives, instructions, and pamphlets, whichever are more stringent.

Cargo damage or personnel injured due to or related to the use of non-compliant or improper CFE use will result in immediate non-use of CFE until replaced or action taken to repair equipment. The Contractor shall replace any non-compliant equipment to minimize any delay or hindrance to Military operations. The Contractor shall notify the COR when the equipment is made compliant and before its use is approved.

3.10 Damage, Accident, and Loss Reporting. The Contractor shall immediately notify the COR of any incident and/or accident that results in injury or death to any personnel, damage to cargo or property, or hazardous spills or leaks, during or arising from performance under this contract. The Contractor shall submit accident investigation reports to the COR and MSDDC Safety Officer within 24 Hours and 30 Days as applicable.

3.10.1 Reportable Accident(s). The Contractor shall report all accidents or cargo damaged to the COR immediately. 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, the Contractor shall submit a preliminary accident investigation report to the COR and MSDDC 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 A full accident investigation report identifying all root causes and corrective actions shall be provided to the COR, the COR will forward to HQ MSDDC Safety within 30 Days. The Contractor will also report all accidents or cargo damages that do not meet minimum criteria to the COR by the end of each shift during the operation

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

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

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

3.10.2 Preserve Critical Evidence. After an accident or serious incident occurs, the Contractor shall secure the accident location and preserve critical evidence. The Contractor shall allow USG personnel access to the location, all evidence, and all Contractor-employee witnesses, to include operators involved in the accident. The Contractor shall ensure that operations do not resume until cleared by the COR, MSDDC Safety Officer, and local authorities.

3.10.3 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

• 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 affected 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 USG, 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 the emergency chemical response team to arrive. At no additional cost to the USG, 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 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 posted speed and traffic laws when draying, towing, or operating/driving any USG vehicles in the port and vessel. Exceptions to posted speed limits area as follows:

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

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

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 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 onboard the vessel being towed shall have a driver in the vehicle, and all wheels or tracks chocked blocked until the tow vehicles are attached, Vehicles parked in staging lots shall have all wheels/tracks chocked blocked to prevent rolling.

3.13.1.1 Ground Guides. The Contractor shall ensure that ground guides are being used at all times during vessel loading/discharging, staging areas, and checker points. Minimum of two (2) ground guides shall be used when stowing/unstowing vehicles on board a vessel, or in all areas where concentration of vehicles are being staged in tight configurations.

3.13.2 All CFE shall have mounted fire extinguishers and a first aid boxes with an up-to-date inspection sticker/documentation, inspected monthly.

3.13.3 During vessel operations, the Contractor shall not let vehicles to remain idle across watertight door areas. Maintain only one vehicle at a time, moving on vessel ramps, and test vehicle brakes before moving any vehicle. The Contractor shall provide ramp guards stationed at vessel ramps to direct traffic, monitor foot traffic, and alert personnel when vehicles are traversing ramps, all ramp guards are required to have whistles. Compensation for services defined in this paragraph are included in all commodity rates established in the SOR.

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 must be properly licensed (class A/B or host nation equivalent if applicable) by the state to drive USG-owned equipment on public roads. It’s the responsibility of the Contractor to make sure its personnel/drivers have complied with state or host nation laws at their expense.

3.14 Manning Traffic Control Points (TCPs). The Contractor shall provide manned traffic control points to include equipping each TCPs with signal devices for day and night operations.

Compensation for services defined in this paragraph are included in all commodity rates established in the SOR.

3.14.1 Traffic Cones. When ordered by the Ordering Officer (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 being knocked over. The Contractor shall supply traffic cones in lots of 25ea.

Compensation for traffic cones shall be at cost reimbursement OOP expense.

4 GENERAL CONTRACT ADMINISTRATION

4.1 General contract administration defined within this section shall be inclusive of all commodity rates unless otherwise stated or designated. Additional duties and requirements specific to the particular terminal(s) within the scope of this contract further defined in Section

6.0 –Port - Terminal Specific Requirements (administration).

4.1.1 Port Licensing and Permits. The Contractor or its named Subcontractor shall possess a valid and current Business License (BL) issued by the State of Kuwait (SOK). As well as a work permit issued by the Kuwait Port Authorities (KPA) as evidence the Contractor or its named Subcontractor(s) have legal right to work in/at the designated ports within SOK and 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 are available.

4.1.3 Contract Managers. The Contractor shall provide a contract manager(s) and at least two (2) alternates who shall be responsible for the performance 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 at the designated ports. 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 USG shall establish written procedures in advance for ordering all longshoring and/or stevedoring services. The MSDDC shall also set cut off times, on or before which we may cancel ordered services and/or equipment free of charge and without liability of any kind. These procedures and cut off times shall be provided within 2 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, Payment, Ordering, and Invoice Instructions.

4.2.1 Task Order (TO). All services shall be identified to the Contractor by the COR upon agreement, the COR will convey needed services to the OO. The OO will develop an “initial” commodity, man-hours, or miscellaneous cost TO estimate identifying all services agreed upon as soon as practicable but prior to the start date & time for each day S&RTS services are ordered.

4.2.1.1 The OO’s initial TO estimate will be processed and a Task Order number will be assigned/issued by G8 for that TO. Task orders will incorporate Terminal Services and Vessel work separately. Terminal services will be calculated by the documented week (Doc-Week (DW), Sunday – Saturday).

4.2.1.2 Vessel work will be by separate vessel Voyage Document (VoyDoc) number (load (P) and discharge (F)) per vessel. Any work performed without a validated, issued TO shall be at the expense of the Contractor.

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

4.2.1.4 In those instances where Contractor personnel arrive at the work site at the scheduled order time and services are subsequently cancelled due to circumstances beyond the control of the USG, the Contractor shall receive the minimum guaranteed time (Schedule 2) (if applicable) of four (4) hours for each labor class verified by the COR. Contractor personnel arriving at the work site that were not notified previously by the Contractor will require the Contractor be responsible for compensation at its own expense.

4.2.2 Verbal request. During any operation, the COR may verbally identify additional labor, services, materials, supplies or CFE needed from the Contractor when necessitated by the operation and all verbal requests will be accompanied by the issue a signed written request. The Contractor shall present for reconciliation purposes all written requests to the COR within 24 hours of completing each operation.

4.2.3 Reconciliation and Validation. The COR and the Contractor shall reconcile all services ordered within seven (7) business days of each vessel or DW. The Contractor will review all supporting documentation (logbook, tally sheets, and time sheets). The COR and Contractor shall agree and shall sign (digital or wet signature) the MSDDC Form 288 capturing all commodity, labor and equipment used. The OO will finalize each task order with the COR, accounting for actual Contractor performance within that seven (7) day period or when practicable after large operations. The OO will submit a “final task order” to G8 for validation, once validated the OO will forward validated TO too the Contractor for invoicing. The Contractor shall submit an invoice for payment to the COR for certification within 30 calendar days after receiving final TO, whereas the COR will validate & certify the Contractors invoice for processing.

** NOTE** Any invoice summited to the COR for certification prior to the “dated TO validated by G8” will not processed/certified and returned to the Contractor for reissue.

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

4.3.1 Vendor Invoice or Receipt. The Contractor shall substantiate OOP Expenses by submitting the paid vendor invoice or receipt to the COR/OO. OOP expenses will be ordered and reimbursed only for mission related services, supplies, or materials identified by the COR/OO and ordered by written request to be added too or pre-ordered on the TO template.

4.3.1.1 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 control, and specialized rental equipment. The USG will reimburse the Contractor for actual cost (vendor invoice or receipts required) per OOP reimbursement.

4.3.1.4 The USG may source specialized materials or subcontracted vendors to support mission readiness at its discretion, for the Contractor to procure those materials or services on its behalf.

4.4 Military Training. The USG reserves the right to support or conduct military port operations training at its discretion, either scheduled or unscheduled.

4.4.1 The USG will inform the Contractor no later than (NLT) 48 hours prior to any scheduled training event or as soon as planning develops.

4.4.1.1 During these training events, the USG may utilize U.S. Military or USG civilian personnel for loading and discharging the entire or parts of a vessel and/or conduct routine terminal or other port operations or any part of those operations thereof.

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

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

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

4.5 Commodity.

• Commodity 25 – Containers - Explosives packed Containers in 20’and 40’ lengths or multiple knuckled smaller containers configured into Twenty Foot Units (TEU).

• Commodity 35 – Aircraft.

• Commodity 40 – Breakbulk.

• Commodity 44 – Containers - Non- Explosive, less than twenty foot in length (i.e., ISUs, Bicons, Tricons, Quadcons).

• Commodity 45 – Containers -…