RFI_Attch 3_PWS - Qatar.pdf

PERFORMANCE WORK STATEMENT

STEVEDORING AND RELATED TERMINAL SERVICES

STATE OF QATAR

Stevedoring and Related Terminal Services (S&RTS)

Performance Work Statement (PWS)

For

Port of Hamad

831st Transportation Battalion

As of 10-17-2024

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 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 multi-national 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) in connection to the import and export of Department of Defense (DOD) sponsored cargo. This Performance Work Statement (PWS) will cover the U.S. Government (USG) requirements for contracting stevedoring services, where the contractor will be responsible for all stevedoring activities for the Port of Hamad, in the State of Qatar in this PWS. Stevedore services shall include but are not limited to working in a high op-tempo, fast paced environment, simultaneously loading or discharging military cargo to/from multiple vessels, working multiple decks, staging cargo, managing call forward lots/yards, prepping cargo for onward movement for reception and depositing cargo on multiple types of surface modes of transportation, as well as warehousing, stuffing and unstuffing containers and flat-racks, and tally, checking, and documentation of all cargo as directed by the Contracting Officer (CO) or their appointed Contracting Officer’s Representative (COR), or Alternate Contracting Officer Representative (ACOR) and/or ordered by the Ordering Officer (OO).

**Note: Subsequent references to the COR throughout the PWS will assume the ACOR as well, unless otherwise specified.

**Note Subsequent references to the Contractor throughout the PWS will also assume its subcontractor or employees as well, unless otherwise specified.

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 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. Contracted services shall include the capability to work multiple vessel(s) and vessel decks simultaneously, at all port(s) located in Qatar, 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, 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 stevedoring or other terminal services provided by the contractor, for which the Ordering Officer (OO) shall issue a task order number and ordering template. The Contractor will assume all risk or expenses for any work performed without written authorization from the COR/OO.

1.2.3 Upon the award of this contract, all work shall be performed IAW “best commercial practices”.

**Note: See Section 6 for additional specific geographic information and port specific requirements.

2. GENERAL SECURITY REQUIREMENTS

2.1 General security requirements of the Contractor are defined within this section.

Additional duties and requirements specific to the particular terminal(s) within the scope of this contract are 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 and therefore are not authorized to obtain a Common Access Card (CAC) or Alternative Smart Card Logon (ASCL) tokens.

2.3 Ground Rules and Constraints

2.3.1 Personnel Screening. The Contractor shall 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 (USA) or the state of Qatar Government.

2.3.1.1 The Contractor shall not employ any person under this contract who has been convicted of any of these offenses, presents any of these unfavorable behaviors, or is simultaneously an employee of the USA. Anyone refusing screening shall result in denial of applicant’s access for employment. If employment or continued employment of any Contractor employee is prejudicial to the interests or endangers the security of the USA/G, the Contractor shall make the necessary changes to remove those employees from interacting or engaging with US personnel.

2.3.2 Completed Screening. Once the screening process is completed, the results and the applicant request for clearance approval will be submitted to the 831st Transportation Bn. for vetting through the 595th Trans. Brigade S-2 (Kuwait) to ensure investigative and clearance requirements were obtained before the start date of the contract for review. Any derogatory information may result in the applicant’s access denied. Screening will be completed prior to any badge issuance. Screening maintains compliance with enhanced force protection measures through document examination, verification, biographical, and security interviews. Applicants denied access due to derogatory information may file an appeal to the Contracting Officer and 595th for review.

2.3.3 Persons Excluded from the Premises. The Contractor shall not allow any person(s) banned by any authority from the premises to have access to terminal facilities, equipment, or other material related to Government operations.

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

2.3.5 The Contractor personnel shall read and comply with applicable Department of Defense (DOD) security regulations, policies, and procedures for access to installations and facilities.

2.3.5.1 The Contractor shall comply with all requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to the Contractor’s failure to comply with the applicable Port, Facility, or Installation Access Control processing requirements.

2.3.5.2 Upon termination or completion of this contract, the Contractor shall surrender all Government supplies, materials, and equipment to the COR. In addition, the Contractor shall turn in any security badges issued to the COR on the last day of the contract or upon any termination/reassignment of a contract employee.

2.3.6 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).

2.3.6.1 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.

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

2.3.8 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.

2.3.9 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 the Contractor or its commonly owned legal affiliate which has employees who may have physical contact with United States Government (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.

2.3.10 Base access. The Contractor employees, to include subcontractors, 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.

2.3.11 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.

2.3.12 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. The Contractor and COR/ACOR must ensure all personnel information collected, maintained, used, or disseminated is relevant and necessary to accomplish the contract. 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 and COR/ACOR will establish appropriate administrative, technical, and physical safeguards for protection of paper and 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 and 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.

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

2.6 Cyber Security. The services designated under this contract are “operationally critical support” as defined in Defense Federal Acquisition Regulation Supplement (DFARS) 252-204- 7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

3. GENERAL SAFETY REQUIREMENTS

3.1 General Safety Requirements of the Contractor are defined within this section.

Additional duties and requirements specific to the particular terminal(s) within the scope of this contract are further defined in Section 6.3 – Port - Terminal Specific Requirements (safety).

Federal Acquisition Regulation (FAR) 52.236-13 (a) and Alternate 1 (f) apply.

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 acquire, maintain, and require the use of safety equipment, personal protective equipment (PPE) (29 CFR 1918.101-106) and devices necessary to protect employees at all times while working any USG operation on the port, terminals, or vessel(s).

3.2.1 Accident Prevention/Safety Program. The Contractor shall provide the COR within two (2) calendar days of contract award date their written plan for Accident prevention/safety program, per FAR 52.236-13, Accident Prevention and DA Pamphlet (PAM) 385-10.

3.2.2 Safety Stop. The USG reserves the right to call “safety stop” of the Contractor’s operations when/if the Safety Officer, COR, or other USG representative observes or reports unsafe practices, safety infractions or safety violation(s); whereas harm to life, damage to property, or unsafe practices are present/possible. The COR shall inform the contractor to “stop work” directing the contractor to “stand-by”. The Contractor’s operations shall not resume until all practices, infractions, or violations have been addressed and corrected and/or the Contractor revises their methods of operation to correct the safety issue and brings together all personnel for a safety briefing to the 831st Safety Officer or their representative satisfaction. The USG will not compensate the Contractor for any time spent on “stand-by” or lost time incurred due to safety violation/infraction. 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.

3.2.3 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.

3.2.4 Personal Protective Equipment (PPE) Safety/Hazard Analysis. The Contractor shall ensure all Contractor personnel, to include its Subcontractors, have and/or wear proper PPE. The Contractor shall provide the COR with a Safety/Hazard analysis that defines the proper PPE required to be used and/or worn when engaged in terminal or port operations. The safety/hazard analysis shall be provided to the COR within two (2) calendar days of contract award, whereas the COR and 831st Battalion Safety Officer (BSO) will monitor, and report PPE usage based on the Safety/Hazard analysis. If/When changes in operational scope occur, the Contractor shall provide the COR with a new/updated Safety/Hazard analysis within two (2) calendar days.

3.3 Contractor 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 USG representative. The COR or MSDDC Safety Officer may also participate in these briefings. The job Safety/Hazard analysis should be the basis for safety brief content. See FAR

52.236 (f)(1) for guidance. The Contractor shall conduct safety briefings in both English and, as applicable, in the Host Nation local language.

3.4 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”.

3.5 Reporting Accidents, Injuries and Damage

3.5.1 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 calendar days as applicable.

3.5.2 Reportable Accident(s). The Contractor shall report all accidents or cargo damaged to the COR immediately. In all instances, the Contractor shall submit a preliminary accident investigation report to the COR and MSDDC Safety Officer within 24 hours. A full accident investigation report identifying all root causes and corrective actions shall be provided to the COR within 30 calendar days.

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

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

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

3.5.3 Preserve Critical Evidence. 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.

3.5.4 Reporting Timelines and Requirements

3.5.4.1 Accident Information required from the Contractor within 8 hours of the incident if severe damage to equipment, hospitalization of employees or loss of life:

• Date and time of incident

• Location of incident

• Brief synopsis of the accident, to include injured personnel, equipment damaged, and a 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

3.5.4.2 Accident Information required from the Contractor within 24 hours:

• Information from 3.5.4.1

• Status of injured personnel

• Pictures of affected equipment

• Training certificates/licenses for personnel involved in incident

• Maintenance records of equipment involved in incidents

3.5.4.3 30 Calendar-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

3.6 Posted Speed Limits. The Contractor shall adhere to all posted port speed limits or as directed or as defined by the MSDDC Bn. Commander. For all Military vessel operations at all piers/terminals/ports, (unless otherwise defined) the maximum speed limit inside a vessel, on vessel ramps, and/or dock/pier is <5 miles per hour (MPH) (walking speed). The maximum speed limit in staging areas is 10 MPH or less. The maximum speed limit for roadways to/from staging to vessel shall be 10 MPH. The speed limit for CFE-MHE is 10 MPH or <5 MPH on vessels.

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

3.7.1 Military vehicles/trailers 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 clearly labeled “NO BRAKES” on all sides of the vehicle. Vehicles parked in staging lots shall have all wheels or tracks chocked blocked and trailers shall have hand brakes set.

3.7.2 Fire Extinguisher & First Aid box. The Contractor shall ensure all CFE/MHE used in military operation shall have mounted fire extinguishers and first aid boxes with an up-to-date inspection sticker/documentation, inspected monthly.

3.8 Vessel Safety. During vessel operations, the Contractor shall not let vehicles remain idle across watertight door areas. The Contractor shall 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 shall have whistles and flashlights in addition to PPE. The Contractor shall also designate traffic routes for personnel, marking off routes with safety cones or roping off pathways onto/off vessels away from vehicle traffic. The Contractor shall also ensure safety nets are secured in place before traversing vessel gang ways.

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

4 GENERAL CONTRACT ADMINISTRATION

4.1 General contract administration is defined within this section. Additional duties and requirements specific to the particular terminal(s) within the scope of this contract are 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 State of Qatar. As well as a work permit issued by the applicable Port Authorities for each port designated in this PWS as evidence the Contractor or its named Subcontractor(s) has legal right to work in/at the state/country/port designated within this PWS (see geographic info Section 6.1). The Contractor shall provide documentation/copies (Prime and Subcontractor(s)) to the CO for record when awarded this contract.

4.1.1.1 Subcontractors. The Contractor shall require Subcontractors to comply with all applicable regulatory requirements of this contract. The Contractor shall include a clause in each applicable subcontract to require Subcontractor's cooperation and assistance in accident reporting and investigation.

** NOTE: Subsequent references to the Contractor shall imply their “employees”, Subcontractor, or others acting on behalf of the prime contractor unless otherwise specified.

4.1.2 Labor Rules & Agreements. The Contractor shall submit copies of all current labor rules or labor agreements, if applicable, upon award of this contract to the USG. The Contractor shall also furnish updated information about specific changes to local work rules and labor agreements affecting USG cargo operations IAW the performance of this contract as they are available.

4.1.2.1 Port Tariffs. The Contractor shall provide to the COR the current year published port tariffs (English version) for the primary (SPOD/Es) of the State of Qatar.

4.1.2.2 The Contractor shall be responsible on behalf of the USG for cargo handling costs related to the handling and movement of USG cargo associated to port offered services and not associated to vessel (i.e., berthing, warfage, landing fees, husbandry, or other vessel charge/fees etc.). All commodity rates applicable to this contract are inclusive of all labor, equipment, and port handling/tariff costs related to the handling and movement of cargo.

4.1.3 Port Charges/Fees. The USG will not pay for or reimburse the Contractor for usage of port staging/storage free time, customs duties, taxes, and similar charges for which no services are received. The Contractor will not include such taxes, duties, customs fee, free time, excise fee/tax, inspection fee, bond, or the like for which the USG in any of its rates. If the Contractor pays a tax, duty, customs fee, excise fee/tax, inspection fee, bond, or the like for which the USG is exempt, the Contractor is not entitled to reimbursement. The Contractor shall be responsible for all port tariffs fees/charges and include port charges in all rates.

4.1.4 Value-Added Tax (VAT). Contract line items may be subject to applicable VAT fees.

Only services and/or equipment identified by current Qatari laws and regulations will be subject to VAT charges. The Contractor shall be responsible for paying all VAT fees on behalf of the USG. The USG will reimburse the Contractor VAT fees. Reimbursement will be based on actual costs and must include a supporting receipt specifically identifying the VAT fees paid against services rendered. The Contractor shall separate VAT fees as a separate line item on all applicable invoices with no additional administrative fees applicable for the VAT contract line item. Compensation shall be IAW cost reimbursement per (OOP expense).

4.1.5 Contract Managers. The Contractor shall provide a manager(s) and at least two (2) alternates as needed who shall be responsible for the performance level of work. The Contractor shall provide the COR/OO with all contact information (phone and email) for each manager and/or 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. Contract Managers/Supervisors shall be part of the Contractors Management and at no additional cost the USG.

4.1.5.1 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. The Contract Manager(s) and their alternates must be able to understand, read, write, and speak English fluently and able to translate documents from Arabic to English as needed at no additional cost.

4.1.6 Multiple Work Sites. During the performance of the contract, the Contractor shall work simultaneous cargo handling operations at multiple work sites and 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.

4.1.6.1 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.

4.1.6.2 The Contract Manager and alternates shall meet as necessary with the COR to discuss contract performance or other problem areas or issues.

4.1.6.3 The Contractor shall not remove or replace the Contract Manager or their alternates without informing the COR.

4.2 Ordering Services. The Contractor and COR/OO shall agree on ordering services shall include daily cut off time(s) for ordering all S&RTS. Procedures for ordering services shall be provided within (2) Two calendar days of contract award date. The USG shall order services no later than (NLT) 1400hrs for 0800hrs start times for the next day or 1400hrs for 1800hrs start times for the same day. Example: Order services on Monday at 1400hrs for Tuesday morning 0800hrs start time, Monday start times shall be ordered on Friday.

4.2.1 All S&RTS performed IAW this PWS will be ordered using a Task Order (TO) system.

Task orders will be assigned a TO number by G8 and then issued by an appointed OO to the Contractor and IAW Appendix C, Payment, Ordering, and Invoice Instructions, any work performed prior to an issued numbered TO will be at the expense of the Contractor.

4.2.1.1 Task Orders. All services shall be identified by the COR and conveyed to an appointed OO. The OO will develop an initial TO as soon as practicable and prior to the start date & time for each day S&RTS are ordered. The OO will provide an “initial” Task Order (ordering template). The initial TO will identify all commodity, man-hour, miscellaneous materials or associated services agreed upon between the COR and the Contractor.

4.2.1.2 Vessel Task Orders will be separated by “upload and/or discharge” for all known vessel work, whereas all Terminal work shall be ordered by the day, or by Documented Week (DocWeek), DocWeek shall be Sunday thru Saturday. Any work performed prior to the OO issuing a numbered TO will be at the expense of the Contractor.

4.2.1.3 The Contractor has the sole responsibility to order all labor for the required TO work in sufficient quantities and classes to meet the agreed upon productively levels, and completion timelines. Should the Contractor mis-judges commodity work completion timeline and advises the COR/OO to order services for the next day, and commodity work completes prior to next day’s start time, the contractor shall be liable for all personnel, and any union guaranteed time at its expense.

4.2.2 Cancellation of Services. Cancelation of services shall include daily cut off time(s) for canceling all S&RTS. Procedures for canceling services shall be provided within (2) Two calendar days of contract award date. Unless otherwise stated elsewhere, the USG and the Contractor shall agree, ordered services shall be canceled no later than (NLT) 1700hrs the same day as ordered for 0800hrs start time the next day, or at 0700hrs the next day for 1300hrs start times the same day. Example: Services ordered on Monday at 1400hrs for Tuesday morning

0800hrs start time, may be canceled at or before 1700hrs the same day as ordered.

4.2.2.1 The COR/OO will notify the Contractor verbally or by telephone to cancel services followed by written email/memo or other communications, stating that services are/will to be canceled on or before which we may cancel ordered services and/or equipment free of charge and without liability of any kind. The USG will not compensate the Contractor for service ordered and then canceled on or before established cut off times,

4.2.2.2 Should Contractor personnel arrive at the work site at the scheduled order time, and services were cancelled, due to circumstances beyond the control of the USG, the Contractor shall receive minimum time guarantee for all classes of labor verified by the COR/OO.

Contractor personnel arriving at the work site who were not timely notified by the Contractor those services were cancelled, the Contractor shall be responsible for compensation of those personnel at its own expense and is not entitled to reimbursement.

4.2.3 Verbal request. During any operation, the COR may also identify additional labor, services, or CFE/MHE needed verbally to the Contractor when necessitated by the mission/operation and will issue a signed written request. The Contractor shall The Contractor shall present those written request to the OO within 24 hours of completing the mission/operation for reconciliation.

4.2.4 Reconciliation and Validation. The goal of the 831st TB is to reconcile, complete, and process the Contractors invoice and close all TO’s within 21 calendar days of the completion of each task order. The COR/OO shall determine, and the Contractor shall agree to reconcile and settle all task order(s) within a set timeline and provide an invoice to the COR for payment. The Contractors failure to reconcile TO’s within the below perimeters will result, with the USG finalizing TO’s based on its documented evidence of the Contractors performance, whereas the Contractor shall agree/accept the USG’s “final TO” for invoicing.

4.2.4.1 The COR, OO, and the Contractor shall reconcile all S&RTS within seven (7) calendar days of completing the work, reviewing all supporting documentation (logbook, tally sheets, and time sheets, and written request) for (vessel or DocWeek) ordered services. The COR will provide the contractor the MSDDC Form MT 288 capturing all commodity, detention, standby, Extra Labor (XL), for each class of labor and EQR time used in conjunction within commodity work, the Contractor and COR shall agree by signing (digital or wet signature) the MT288.

4.2.4.2 Once reconciled, the OO will within seven (7) calendar days or when practicable after large operations will finalize each TO accounting for actual Contractor performance per MT 288.

The OO will submit a “final task order” to MSDDC G8 for validation, once validated and dated the OO will forward the validated TO, to the Contractor, whereas the Contractor shall then invoice the USG. The Contractor shall submit their invoice for payment to the COR for validations/certification, if information on the invoice is found not match the TO or MT288, the COR will return the invoice back to the Contractor to correct or will validate & certify the Contractors invoice within and summit within (7) calendar days to G8 for payment processing.

** NOTE** Any invoice summited, dated prior to “G8 validation date” will be returned, G8 will not process invoices for payment dated prior to its validation date and will return invoice to the

COR whereas the Contractor will have to re-issue a corrected invoice for processing/payment.

The USG shall not be liable for accrued interest payments to the Contractor.

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 or pre-ordered on the TO template.

4.3.1.1 Items purchased/rented shall be identified on the TO template (MISC. Tab) form by the OO and certified as necessary by the COR. The Contractor’s invoice for miscellaneous expenses shall detail each service or supply, the rate per unit, number of units, and total extended price, accompanied by the vendor receipt/invoice as substantiating documentation. The USG will not reimburse for any miscellaneous expenses without all substantiating documentation (vendor receipt/invoice) attached. For miscellaneous supplies and durable goods not listed under a specific schedule, compensation shall be at reimbursement OOP expense.

4.3.1.2 Three (3) Written Estimates. 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.

4.3.1.3 The Contractor shall obtain written approval from COR/OO prior to the purchase of all goods and services considered. Whereas the COR shall seek CO approval for all OOP expenses exceeding $3,500.00.

4.3.1.4 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 USG will reimburse the Contractor for actual cost (vendor invoice or receipts required) and for any transportation, surcharges, and expenses associated with furnishing ordered materials, equipment, supplies, and/or subcontracted services.

4.3.1.5 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 Rates. The Contractor shall provide an all-encompassing commodity rate for each commodity type listed below, for each commodity schedules listed in the SOR (see appendix B) e.g., all commodity rates shall include all of the below but not limited to the following: (see requirements throughout the PWS)

• All management, supervision, safety Manager, environmental compliance officer, or other Contractor staff.

• All planning activities.

• Contracted Services Reporting: Administrative and contract data and requested reports for all provided services.

• All directly employed or subcontracted Stevedores, Longshoremen tallymen, and warehousemen i.e., all Classes of labor, Foreman, Supercargo, general labor, Skilled labor I, II, & III, Skilled drivers, crane operator, gearman, mechanics, carpenters, (not all-inclusive personnel list).

• All employee administrative cost for benefits, guaranteed overtime, travel, or other cost.

• Contractor Furnished Equipment (CFE), Material Handling equipment (MHE) and drivers/operators, gear, mechanics tools (manual & air), ramps, shop equipment, rigging, spreader bars, slings, wire rope, hooks, shackles, straps, and Military style slave cables.

• Ground transportation: i.e., trucks, van, ATV, buses, vehicles, contact maintenance vehicle (jump truck), and heavy tow-vehicles.

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

• Lashing & Unlashing for all conveyances (vessel, truck and rail).

• Cargo accountability, cargo inspections, cargo and lashing inspections for vessel, and rail lashing inspections/movement.

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

• Cargo management (i.e., space, cargo consolidation, frustrated) towing, stacking, stripping, contact maintenance, safety/environmental)

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

• Staging areas/yards and staging setup

• Port Tariffs fees/charges associated to USG cargo handling.

4.5.1 The following is a list by commodity number, and category and examples of vehicle, containers, breakbulk or aircraft they represent (not an all-inclusive list).

• Commodity 35 – Aircraft. Rotary or fixed wing

• Commodity 40 – Breakbulk. Field maintenance units M7-FRS or multiple stacked flat racks, skid mounted generators, or loaded 463l pallets etc.

• 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, >TEU containers configured into Twenty/forty Foot Units (TEU).

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

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

4.5.1.2 In addition, commodity rates are intended as 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 moved to its designated final point of rest per the USG staging plan), or from point of rest to/from CULT assets. Other than for checking and tallying cargo, cargo consolidation, stopping the flow of cargo from “staging to vessel/truck/rail”, or when from vessel/truck/rail 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’s cargo unless approved by the COR in advance.

4.5.2 Commodity Pricing. The USG shall compensate the Contractor for each single vehicle, trailer, container, or aircraft handled. The Unit of Measure (UOM) shall be i.e., EACH (EA) e.g.

(Containers, Vehicles, Orphaned trailers, and Aircraft. Commodity category (25, 35, 44, 45, 60, 61, 67) - EA)), vehicles/trailer combinations will be considered one piece. For Breakbulk cargo the UOM used is “Measurement Ton (MTON)” Breakbulk (BB) (20, 40) - MTON)); BB secondary loaded, nested, or stacked on vehicles or trailer will be considered part of prime vehicle/trailer and counted as one unit. See 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 (LO/LO), Roll-On/Roll-off (RO/RO), Tow-On/Tow-Off (TO/TO). (Please refer to Appendix B - Glossary of Terms or the SOR for further definition.)

4.5.3 Measurement Ton Calculations. The USG will calculate MTON using cargo dimensional data; Length (L) multiplied by Width (W), multiplied by Height (H), divided by 1,728 inches (”) (cubic inches in one cubic foot), divided by 40 cubic feet, equals MTON amount. Example: Dimensional measurements are (L) 240”, (W) 96”, and (H) 96”. This would look like 240”, multiplied by 96”, multiplied by 96”, equals 2,211,840 cubic inches. Then, 2,211,840 cubic inches divided by 1,728”, divided by 40 cubic feet, equals 32 MTONs (rounded to two decimal points).

4.5.4 Exceptions to Commodity Rates. The USG will make exceptions to compensating the contractor per commodity rates for cargo shipments received, for which no commodity rate(s) were established. The USG will compensate the Contractor to handle cargo per Extra Labor (XL) and Equipment Rental Rates (EQR) rates (if needed) as established in (schedule 2 & 4) of the SOR. If the COR determines it is necessary to establish additional commodity rates, the COR will advise the CO for a SOR modification for the remaining period of performance of this contract.

4.5.5 Inland Transportation Rates. All inland transportation rates are inclusive of drivers/operators, fuel, POL, tarping/untarping, securing/unrecurring cargo, recovery, pickup/delivery of transportation asset, operator/vehicle passes to enter/exit ports, tolls, and parking fees. The USG will not be liable for any fines/tickets associated with operating inland transportation assets. Overtime, Detention, and Differential charges are outlined in (Schedules 2, 3A, and 3B) of the SOR are not applicable for services ordered under (Schedule 9) of the SOR.

4.6 TABLE 1— Cargo Handling (Services) Operations

**NOTE: The USG refers to the following cargo handling table (as definitions); the table does not define each as separate billable item(s). Example: (Schedule 1A1) - Load Vessel. Loading cargo on a vessel will inherently include moving cargo from its staged place of rest (regardless of method) aboard the vessel. Once aboard the vessel, the cargo is stowed in its designated stow location; this includes, but is not limited to, driving, towing, or draying the cargo aboard the vessel, lashing/securing/tiedown, lashing inspections, documentation, foot printing, checking & tally, debris removal, housekeeping, and reconciling the operation with the COR.

4.6.1 TABLE 1

Operation Definition Loading The act of moving cargo from its staged place of rest to a conveyance (vessel, truck).

Discharge The act of unloading cargo from a conveyance (vessel, truck) to a designated final place of rest.

Receipt or reception only

The act of documenting cargo arriving into the port, by military convoy.

Disposition The act of documenting the onward movement of cargo from the port or terminal to its final destination. (port clearance)

Lashing and Un-lashing (only)

The act of providing only lashing or unlashing (tie-down) of cargo aboard a vessel.

Stuffing The act of loading/moving cargo from its place of rest loaded in/on a container, or onto flat rack(s).

Unstuffing The act of unloading cargo from a container or flat rack to its final place of rest.

Stripping The act of discharging cargo from trailers, flatbeds, MAFI’s, to its final place of rest.

Transfer The act of moving cargo from its place of rest to another place of rest within the port or between local ports.

Inland Transportation Land based conveyances used for movement of cargo in or out of the port.

4.7 Detention

4.7.1 Documented Evidence. The Contractor shall provide to the COR approved documentation (time sheets or logbook) justifying all ordered labors time, detention time, stand-by time, guaranteed time, or overtime, at the end of each shift wherein the work is compared to the USG Timekeeper’s logbook/records for completion of the MSDDC Form 288 for approval of compensation. The Contractor shall obtain COR/OO written pre-approval to work in all conditions specified under guaranteed time, standby time, detention, extra labor, or overtime.

Failure to follow the above shall preclude compensation except with CO approval.

4.7.2 Detention. Detention is defined as time lost due to work stoppage or interruption of work during commodity operation for causes beyond the control of the Contractor. Causes include, but are not limited to, changes in vessel, truck schedule, and/or operational plan (i.e., change to staging or stow plans). Should the USG change planned work, halt work, or alter other plans during an operation, the COR will notify the Contractor.