RFI_Attch 3_DRAFT PWS Nordenham Germany.pdf

DRAFT

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

PORTS OF NORDENHAM, GERMANY

Stevedoring and Related Terminal Services (S&RTS)

Performance Work Statement (PWS)

For

838th Transportation Battalion, 950th Transportation Company

Port of Nordenham, Germany

15 JUL 2022

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 9

4.0 General Contract Administration 17

5.0 General Contractor Requirements 32

6.0 Terminal Specific Requirements 47

Contract Performance Requirements Summary (PRS) Table 61 Appendix A Regulations, Publications, & Forms 66 Appendix B Glossary of Terms 71 Appendix C Payment Instructions 84 Appendix D List of Acronyms & Abbreviations 88 Appendix E Foreign Entity Vetting 90

1. BACKGROUND AND SCOPE

1.1 Background. The Military Surface Deployment and Distribution Command (MSDDC), headquartered at Scott AFB, IL is an operational-level U.S. Army Command designed by the Secretary of the Army as the Army Service Component Command (ASCC) of the U.S.

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

1.2 Scope. Provide Stevedoring and Related Terminal Services (S&RTS) at the Port of Nordenham, Germany in connection with the import and export of Defense Transportation System (DTS) sponsored cargo.

1.2.1 The US Government requires performance of all PWS tasks completed in a manner consistent with the “Best Commercial Practices”. This PWS will cover the full spectrum of port operations tasks and shall be inclusive of all services required for vessel, truck, and rail loading & discharging, port reception and disposition of cargo, staging, intra port transfers, cargo Checking & Tallying (C&T), and handling & warehousing Government provided dunnage and tiedown materials. Requirements includes physical security, port 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 the port of Nordenham, Germany and in conjunction with terminal operations as described in this PWS 24-hours a day, seven (7) days per week, and 365 days per year. The Contractor shall handle primarily the reception and disposition of Ammunition, Arms, and Explosives (AA&E) however all classes of supply that includes military vehicles up to 150,00lbs, hazardous materials, as well as sensitive, controlled, and/or other general DOD cargo will also be 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 the COR authorization shall be at the Contractor’s expense.

**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 MHE, materials, supplies, management, and sufficient amounts of qualified general & skilled labor to satisfy the full scope of operating the seaport terminal(s) in Nordenham, Germany while this contract is in place. The Contractor shall make every effort to rectify any labor or Contractor Furnished Equipment (CFE) MHE shortfalls, for which the Government will compensate the Contractor by applicable commodity and/or labor rates as designated by the Schedule of Rates (SOR).

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

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

2. GENERAL SECURITY REQUIREMENTS.

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

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

Personnel assigned to this contract will not require access to Non-Secure Internet Protocol Router Network (NIPRNet) applications or UNCLASSIFIED Government systems, therefore not authorized to obtain a Common Access Card (CAC) or Alternative Smart Card Logon (ASCL) tokens.

2.3 Ground Rules and Constraints.

2.3.1 Personnel Screening. Contractor shall ensure its employees meet U.S. Government guidelines regarding foreign national employment by screening all employees for indications of criminal, terrorism, or threat-related activity or alliances detrimental to the United States of America or Host Nation.

2.3.1.1 The Contractor shall not employ any person under this contract convicted of any of these offenses or who presents any of these unfavorable behaviors or is simultaneously an employee of the United States Government. Anyone employee refusing screening shall result in their denial of working around USG personnel or in/on/around its property.

2.3.2 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.

2.3.3 Persons with Restricted Duties. The Contractor shall not allow a person restricted by any authority from certain equipment or areas to operate that equipment or enter areas as designated by the COR.

2.3.4 The Contractor shall read and comply with applicable Department of Defense (DOD) security regulations, policies, and procedures.

2.3.4.1 The Contractor shall comply with all requirements associated with access control. The Government is not liable for any costs associated with performance delays due solely to the Contractor’s failure to comply with the applicable port access control processing requirements.

2.3.4.2 Upon termination or completion of this contract, the Contractor shall surrender all Government supplies, materials, and equipment the USG supplied to the COR. In addition, the Contractor shall turn in any security badges issued by the USG (if any) to the COR on the last day of the contract is in affect or upon any termination/reassignment of Contractor employee.

2.3.5 Derogatory Information. If the Government notifies the Contractor that employment of any Contractor employee is prejudicial to the interests or endangers the security of the United States of America, the Contractor shall remove and bar that person from Military operations.

This includes security deviations/incidents and credible derogatory information on contract members during the course of the contract period. The Contractor receiving award of this contract shall make any changes necessary in the appointment(s).

2.3.5.1 The Contractor’s personnel will immediately be escorted off the premises. The contractor shall ensure the roles/privileges assigned to contractor employees on the Government computing platforms are limited to the roles/privileges essential to that individual’s performance of his/her assignments. These roles/privileges can be limited or revoked by the Government for any reason.

2.3.6 Operations Security (OPSEC). The prime contractor and all subcontractors shall provide OPSEC protection for controlled unclassified information and comply with all OPSEC requirements in accordance with AR 530-1. The prime contractor and all subcontractors shall employ the countermeasures to protect the release information. These OPSEC requirements will be in effect throughout the life of the contract from award through the conclusion of services at the end of the period of performance or other contract termination. In any case where uncertainty or ambiguity regarding OPSEC measures, the contractor shall consult with the COR or the OPSEC Officer.

2.3.6.1 The Government and contractor shall operate in concert to sanitize transportation related information whenever possible 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 with the COR for appropriate resolution. These OPSEC considerations will be in effect throughout the life of the contract (i.e., award through the conclusion of services at the end of the performance period or other contract termination).

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 the commodity rates established in the SOR.

2.3.9 Port Access. The Contractors employees to include sub-contractors will comply with Port access and control procedures, personnel not cleared for entry into secured working area/s will be denied entry, and the Government 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 Government equipment unless identified as official vehicles critical to the success of the mission.

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

2.3.11 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 shall ensure any personnel information collected, maintained, used or disseminated is relevant and necessary. The 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. The Contractor shall 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 German law, DoD and Army Privacy Act regulations, whichever is more stringent.

https://www.esd.whs.mil/dd/

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 displayed when required, a current Workers Identification badge with photo, issued by the port where military operations are being performed. The Contractor shall ensure all Contractor personnel are in compliance with this requirement.

3. GENERAL SAFETY REQUIREMENTS.

3.1 General Safety Requirements of the Contractor defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contact further defined in Section 6.0 –Port - Terminal Specific Requirements (safety). All Army Safety Regulations can be found at http://armypubs.army.mil

3.2 Enforcing and Monitoring Safety. The Contractor shall comply with, enforce and monitor applicable host nation, international, local installation and MSDDC Transportation Battalion safety and fire regulations. The COR will log any discrepancies within the defined quality performance process. The Contactor shall establish and maintain an effective and comprehensive safety program. The Contractor shall support the MSDDC Emergency Disaster Plan. The Contractor shall acquire, maintain, and require the use of safety equipment, personal protective equipment (PPE) (29 CFR 1918.101-106) and devices necessary to protect employees on the installation, port, and the vessel.

3.2.1 Safety Stop. The Government reserves the right to halt the Contractor’s operations when the Safety Officer, COR, or other Government representative observes unsafe practices or safety violation(s); where harm to life or damage to property are possible. The Contractor’s operations shall not resume until when the Contractor corrects and revises their methods of operation to correct safety violations, to the Safety Officer’s satisfaction. The Government will not compensate the Contractor for any time lost incurred by the safety infraction. The Government may hold the Contractor liable for any costs incurred to the Government, 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 CFE i.e., MHE, to include all cranes (ship or shore). The Contractor shall adhere to all safety requirements when lifting cargo.

3.3.1 Personnel Protective Equipment (PPE). The Contractor shall ensure all Contractor personnel, to include Subcontractors, wear proper PPE, to include but not limited to safety vest, steel-toed boots, hard hats, leather gloves, and long pants. Hard hats must be worn at all times when working in “designated hard hat areas,” and at a minimum, wear hard hats aboard vessel(s), wharves, terminal warehouses, rail yards and open storage/staging areas when in and around Military cargo.

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

Exceptions to the above shall be at the 838th/950th unit commander’s discretion, and decision whether contracted labor may work beyond this requirement, the Government shall base its decisions upon mission time restraints, and safety risk assessments.

http://armypubs.army.mil/

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 Government 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 Government 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 Government 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 Government may have field service representatives or vendor training onsite for new vehicle modeled equipment. The Government will identify and provide vehicle-specific training requirements for the Contractor’s 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 labor rates as established in schedule 2 of the SOR.

3.6.3 Commercial Truck Drivers. The Contractor shall ensure drivers of commercial motor vehicles have a valid CDL appropriate to the type of equipment they operate when picking up Military cargo considered HAZMAT, to include Arms, Ammunitions and Explosives (AA&E).

The Contractor shall ensure and document each commercial truck driver has been licensed and with the appropriate HAZMAT endorsement (if applicable) 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 Government.

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 1.3.1, Training of shore-side personnel. Training is specified in Table 1.3.1.5 and paragraph 1.3.1.7, IMDGC and §172.700, 49CFR.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 Government reserves the right to stop Contractor personnel at any time to verify their qualifications against the approved list of personnel scheduled to perform these functions. 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 Safety Briefings. The Contractor shall, as part of all commodity and extra labor operations, conduct and document safety briefings for all workers prior to all operations and at each shift change. The Contractor shall provide a mandatory safety briefing to new personnel as they are added. The Contractor shall conduct safety briefings with the presence of a MSDDC Government representative. The COR or MSDDC Safety Officer may provide the Contractor with a checklist of safety and security topics to brief the Contractor’s labor prior to the start of vessel or terminal operations and may also participate in these briefings. Safety briefings conducted by the Contractor shall relate to the type of operation (e.g., truck, vessel, rail, yard, crane, etc.), and at a minimum, must meet local authority and/or DOD regulatory guidance or host nation requirements. The Contractor shall conduct safety briefings in both English and, as applicable, in the Host Nation local language. Safety 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 (ramp/backing/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 Government Safety Briefing. The Government, at its discretion, may conduct additional safety briefings when necessary and per local Commander’s guidance. The Government’s safety briefing may include information from above or other necessary Command-related information or additional safety concerns. Compensation (unless for safety violation) for the Contractor’s labor shall be placed on stand-by time and compensated per schedule 2 of the SOR.

3.9 Operation of Contractor Furnished Equipment (CFE). 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 provide to the COR a Safety Investigation Report (SIR) 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 Government 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 Government personnel access to the location, all evidence, and all Contractor-employee witnesses, to include operators involved in the accident. The Contractor shall ensure that operations do not resume until cleared by the COR, 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 Government, the Contractor shall maintain supplies for emergency response for hazardous spills on public roadways and thoroughfares within the port. The Contractor shall immediately contain the spill and wait for the emergency chemical response team to arrive. At no additional cost to the Government, the Contractor shall maintain supplies for routine maintenance releases. These supplies shall be available or accessible, in a quantity and size determined by the Contractor, to resolve a ten (10) gallon spill or five (5) cubic feet of materials, wastes, or contaminants that may potentially affect the environment. The Contractor shall clean and dispose of waste materials per environmental standards.

3.12 Posted Speed Limits. The Contractor shall adhere to all port speed limits as directed or as defined by the MSDDC Bn. Commander and Safety Officer. For all MSDDC vessel operations at all terminals/ports, the maximum speed limit inside a vessel, on vessel ramps, and on the dock/pier is <5 MPH. In all MSDDC staging areas, the speed limit is 10 MPH or less.

CFE-MHE speed limit is 10 MPH or less.

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

3.13.1 Vehicles with air braking systems that have been determined to be inoperable (i.e., air system have been compromised, brakes have been caged or considered freewheeling) must not, be left unattended. Vehicles in this condition must be labeled clearly on all sides “NO BRAKES.” Vehicles parked in staging lots shall have all wheels or tracks chocked blocked.

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 remain idle across watertight door areas. Maintain only one vehicle moving on a ramp at all times, and test vehicle brakes before moving the vehicle. All stationed ramp guards are required to have whistles.

3.13.4 From time to time, the Contractor will be required to move oversized cargo or equipment outside of the terminal to other staging facilities that require them to drive on public roads. All drivers must be properly licensed (class A/B or host nation equivalent if applicable) by the state to drive Government-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 established rates in schedule 6 of the SOR.

4 GENERAL CONTRACT ADMINISTRATION

4.1 General contract administration defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contract further defined in Section 6.0 –Port - Terminal Specific Requirements (administration).

4.1.1 Port Licensing and Permits. The Contractor or its named Subcontractor shall possess a valid and current Business License (BL) issued in the country of Germany. As well as a work permits issued by the applicable Port Authorities as evidence the Contractor or its named Subcontractor(s) has legal right to work at the port of Nordenham, Germany. The Contractor shall provide evidence, 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 CO/COR, 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 Management. The Contractor shall provide a contract manager(s) and at least two (2) alternates who shall be responsible for the performance of the work. The Contractor shall provide telephone numbers for each of the contract manager(s) and their alternates where these individuals may be contacted during and after duty hours. The contract manager(s) shall have demonstrated experience in directing and managing longshoring and stevedoring operations. The contract manager(s) and their alternates must be able to read, write, speak, and understand English fluently.

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

4.1.4 Multiple Work Sites. During the performance of the contract, the Contractor shall work simultaneous cargo handling operations, at multiple work sites, on/at multiple ports to include, but not limited to, working vessel(s) operations (working multiple decks simultaneously), reception and disposition services of rail and rail barges, commercial truck(s), staging yards, and warehousing. The Contractor shall have their contract manager(s) or alternates always present at each work site and accessible to the COR. 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 government shall establish written procedures in advance for ordering all longshoring and/or stevedoring services. The government 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, labor, 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 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) and vessel work will be per vessel. Any work performed without a validated, issued TO shall be at the expense of the Contractor.

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

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 Government will not compensate the Contractor for CFE.

4.2.1.4 Contractor personnel arrive at the work site at the scheduled order time, and services cancelled, due to circumstances beyond the control of the USG the Contractor shall receive the minimum guaranteed time (schedule 2) (if applicable) of four (4) hours for each class of ordered labor and verified by the COR and OO. Contractor personnel arriving at the work site that wasn’t notified previously by the Contractor of the cancelation, the Contractor shall be responsible for compensation at its own expense.

4.2.2 Verbal request. During any operation, the COR may verbally identify additional labor, services, materials, supplies or CFE needed from the Contractor when necessitated by the operation and all verbal 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) days of each vessel or DocWeek completed. The Contractor shall review all supporting documentation (logbook, tally sheets, and time sheets). The COR and Contractor shall agree and sign (digital or wet signature) the MSDDC Form 288 capturing all (if applicable) Commodity (C), Extra labor (XL), Standby (SB), Detention (D), Equipment Rental (EQE) of CFE used. The OO will finalize each task order with the COR, accounting for actual Contractor performance within seven (7) days. The OO will submit a final amended task order to the Contractor for invoicing. The Contractor shall submit its invoice for payment to the COR for certification and whereas the COR shall submit the invoice for processing.

** 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 and vegetation control, security services, vehicle or aviation fuel service, and specialized rental equipment. The Government will reimburse the Contractor for actual cost (vendor invoice or receipts required), and for any transportation, surcharges, expenses associated with furnishing ordered materials, equipment, supplies, and/or subcontracted services.

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

4.4 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. All other Commodity rates shall apply for all other cargo fully handled by the Contractor.

• Commodity 20 – Breakbulk - Explosives packed/stacked in/on pallets, crates, boxes (includes gases, or radioactive).

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

• Commodity 40 – Breakbulk.

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

• Commodity 45 – Containers - Non- Explosive - 20’and 40’ lengths or multiple knuckled smaller containers configured into Twenty Foot Units (TEU).

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

4.5.1 Commodity Rates. The Contractor shall provide an all-encompassing commodity rate for each commodity type listed above, e.g., all commodity rates shall include but not limited to the following:

• Management & Supervision

• All planning activities

• General labor, Skilled labor, Skilled drivers, and Stevedore & Longshoremen

• Contractor Furnished Equipment (CFE) i.e., Material Handling equipment (MHE) and its driver/operator, Gear, mechanics tools (manual & air), shop equipment, rigging, spreader bars, slings, wire rope, hooks, shackles, straps, and Military style slave cables & tow bars (assorted sizes)

• Ground transportation: i.e., trucks, van, buses, contact maintenance vehicle, tow-vehicles

• Materials and miscellaneous supplies (PPE, dunnage, POL, fuel, and hazardous collection and/or cleanup supplies)

• Cargo accountability, cargo inspections, lashing & unlashing cargo and lashing inspections for rail and vessel movement

• Checking & Tallying (i.e., runners, scanning, documentation, and foot printing)

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

• Staging yards and cargo management

4.5.1.1 The Contractor shall assume all military operations, work performed during regular workday schedules, IAW hours of operations (Section 6.4 below). However, the Contractor shall stand ready and willing to provide S&RTS 24hrs per day, 7 days per week, and 365 days per year.

4.5.1.2 In addition, commodity rates, are intended one time movement of cargo, (e.g., from its staged location (point of rest), moved to the final point of stow onboard the vessel, “or” from the stowed location onboard the vessel to its designated final point of rest per the USG staging plan) or from point of rest to/from commercial truck. Other than for checking and tallying cargo, stopping the flow of cargo from “staging to vessel/truck” or from vessel/truck to staging is for the convenience of the Contractor and at contractor expense, the USG will not pay additional cost associated to double handling the USG cargo unless approved by the COR in advance.

4.5.2 Pricing. Pricing shall be by the “individual MSL labeled piece, i.e., EACH (EA)” or per “Measurement Ton (MTON)” e.g. (Containers, Vehicle, Trailer (25, 44, 45, 60, 61, 67) - EA)), (Breakbulk (20, 40) - MTON)). See also SOR for further description and definitions.

4.5.2.1 Each commodity further divided by handling method, shall infer loading or discharge Lift-On/Lift-Off…