Amend 0006 PWS 5Sep08.doc

Attachment 1 to Solicitation No. FA5209-08-T-0130

(Replacement page / Amendment 0006)

PERFORMANCE-BASED WORK STATEMENT

FOR

CARGO ESCORT SERVICES

15 May 08

PERFORMANCE-BASED WORK STATEMENT

FOR

CARGO ESCORT SERVICE

15 May 08

1.

DESCRIPTION OF SERVICES/GENERAL INFORMATION

1.1.

CARGO ESCORTS. The Contractor shall provide trained and qualified personnel with a vehicle(s) to escort freight which requires a high degree of protection in accordance with Department of Defense security requirements and the terms and conditions of this contract. Cargo escorts shall hold valid secret security clearances. The work shall include but is not limited to:

(a) The Contractor shall provide constant surveillance for all sensitive and hazardous freight requiring an escort as designated by the Government representative from the pick-up point to the delivery point.

(b) Upon arrival at and prior to departure from the pick-up point designated by the Government specified at para 1.4.4 below, the Contractor shall:

(1) perform a piece count and cross-reference applicable shipping documents for freight requiring an escort as designated by the Government representative. The Contractor shall use an applicable form to be provided by the Government as listed below:

(A) The DD Form 1907, Signature and Tally Record, for all receipt transactions and internal control as a hand-to-hand receipt of classified or sensitive items;

(B) Equivalent carrier-furnished forms used as described in the Defense Transportation

Regulation (DTR), Part II, Chapter 205;

(C) The air or truck manifest used for military shipments if they adequately control the material being escorted; or

(D) The DD Form 1384, Transportation Control and Movement Document, for all receipt transactions and internal control as a hand-to-hand receipt of registered mail.

(2) assure that the Transportation Control Number (TCN) or registered mail seal of containers received match the identifying information provided on the documents referenced in para 1.1.(b)(1) above,

(3) annotate shortages, damage, or other discrepancies on the back of the applicable hand-to-hand receipt or other documents as referenced in para 1.1.(b)(1) above,

(4) have the Ordering Officer/representative sign as a witness of the notation for any shortage, damage, or discrepancy,

(5) sign Air and Truck Manifest, DD Form 1907, Signature and Tally Record or other documents as referenced in para 1.1.(b)(1) above,

(6) apply applicable security seals for classified, sensitive, and explosives at the pick-up point.

The Contractor shall apply the Government furnished rotary locks with keys for registered mail in addition to security seals, and

(7) provide two qualified escort personnel for each trip. These escort personnel will ride in a vehicle to follow the truck transporting the cargo.

(8) perform the above tasks within the allowable free time as specified at para 1.4.5 below.

(c) While in transit, the Contractor shall:

(1) maintain constant and specific surveillance of the cargo vehicle(s). Constant and specific surveillance of the cargo vehicle(s) is defined as maintaining a safe distance to the rear of the cargo carrying vehicle(s) while keeping the cargo carrying vehicle(s) in continuous and unobstructed view.

(2) during en route stops for recess, have at least one of the escort vehicle drivers remain awake and maintain a constant, unobstructed view of the cargo truck while either remaining in the escort vehicle or being within approximately 25 feet of the truck transporting the cargo.

report all incidents of damage or destruction to property, or personal injury or death to any person, arising out of and during the performance of this contract immediately after such occurrence to the following agencies:

or DSN 315-225-5060

Yokota Cargo Operations:

Operator: 042-552-2511, Ext. 225-7979 or DSN 315-225-7979

(4) carry a mobile communications unit capable of contacting the above agencies and for maintaining local two-way communications with the cargo truck.

Note: The Contractor shall comply with the local traffic regulations for the use of such a unit while driving a vehicle.

(5) maintain the document referenced in para 1.1.(b)(1) above.

(6) maintain valid Status of Forces Agreement (SOFA) ID card or contractor-furnished picture

ID card.

(d)

Upon arrival at the applicable delivery point, the Contractor shall:

(1) jointly with authorized Government representatives, acknowledge TCN or registered mail seal of containers received match documents referenced in para 1.1.(b)(1) above,

(2) provide explanation for any change in status (i.e., damage, loss, etc.) of designated freight requiring surveillance to the Government representative, and obtain signature from authorized Government representatives for freight escorted under this contract.

(e) The Contractor shall return signed manifest or other documents as referenced in para 1.1.(b)(1) and para 1.1.(d)(3) above to Ordering Officers at 730th Air Mobility Squadron, Air Freight Section (TRK) on the next business day following the performance of escort services.

(f)

The Contractor shall submit a written report for para 1.1.(c)(3) and 1.1.(d)(2) within 24 hours to the QAP after occurrence of the incident.

(g) The Contractor shall maintain a current roster of all qualified escort personnel and submit it to the Ordering Officer as it is updated.

(h) The Contractor shall follow applicable Government of Japan (GOJ) laws and trade practices. The Contractor shall immediately notify QAP or Contracting Officer of any conflicts between the requirements herein and the GOJ laws.

1.2. AREA OF PERFORMANCE. Performance routes are as specified below. A round trip originates only from Yokota:

From Yokota to Misawa and from Misawa to Yokota From Yokota to Iwakuni and from Iwakuni to Yokota From Yokota to Sasebo Naval Base and from Sasebo Naval Base to Yokota Note: Yokota = Yokota Air Base/Misawa = Misawa Air Base/Iwakuni = Marine Corps Air Station (MCAS) Iwakuni/Sasebo Naval Base = U.S. Fleet Activities Sasebo

1.3. TYPES OF FREIGHT REQUIRING ESCORT SERVICES. The Contractor shall provide services for any freight which requires a high degree of protection while in transit as designated by the Ordering Officer.

1.3.1. SENSITIVE FREIGHT. Sensitive freight shall consist of any freight which requires a high degree of protection while in transit as designated by the Ordering Officer. As a minimum, these items shall consist of: Registered Mail, Signature Service Cargo, Classified items etc.

1.3.2. HAZARDOUS FREIGHT. Hazardous freight shall consist of low explosives, high explosives, or such other materials of explosives listed under the GOJ “Explosives Control Law” (Law No. 149, 4 May 1950, with revisions thereto) and other related laws/ordinances requiring escort.

1.4. OPERATIONAL PROCEDURES.

1.4.1. The Contractor shall perform escort services when scheduled by the Ordering Officer to meet established pick-up and delivery dates and times (See para 1.4.4 for specific times). The Contractor is required to follow the operational definitions and requirements described below:

1.4.2. The Ordering Officer will place an order for service to the Contractor not later than 15:00 hours of the working day preceeding the day the service is to be performed. The Contractor shall receive orders during the hours from 07:30 and 16:30 on the working days. The term “working days” used herein covers Monday through Friday excluding U.S. legal holidays specified at paragraph 1.5.8. below. At the time of placing an order, the Ordering Officer will specify the location for delivery, size of cargo truck to be escorted, type of freight, and reporting time and date at pick-up point at Yokota AB.

1.4.3. The Contractor shall provide a round-trip cargo escort service departing from Yokota AB to one of the locations specified in paragraph 1.2 above, on Mondays, Tuesdays, and/or Thursday when scheduled by the Orderig Officer. The Contractor shall be paid at the applicable rate in the Pricing Schedule. The Ordering Officer will place orders within the budget of a Task Order issued by the Contracting Officer.

1.4.4. Pick-up and delivery of cargo being transported is only accepted at the locations below during the following hours:

0700 – 1600 (Sat)

1.4.5. Reserved.

1.4.6. FREE TIME. The Contractor shall provide free time for pick-up and delivery points at no cost to the Government for a one (1) hour period for 2-ton, 3-ton or 4-ton trucks, and a one (1) hour and 30 minutes period for 8-ton, 10-ton or 12-ton trucks, commencing at the time –

(a) The cargo escort personnel with their vehicle(s) are placed by the Contractor at the pick-up and/or delivery points at Yokota AB and notice thereof is given to the Ordering Officer placing orders at Yokota AB.

(b) The cargo escort personnel with their vehicle(s) arrive at the pick-up and/or delivery points within each installation and notice thereof is given to the Ordering Officer at the installation.

(c) The Contractor shall use free time to perform tasks at para 1.1(b) and 1.1(d) above.

1.4.7. DEMURRAGE. If through no fault of the Contractor, cargo escorts’ vehicle(s) is not dispatched or discharged and released within the allowable free time as specified in paragraph 1.4.6, the Contractor shall be entitled to demurrage for detention of the vehicle by the Government beyond the free time at the rate indicated in Items 000401 through 000406 (and corresponding Items under Options) in the Pricing Schedule. For purpose of payment thereunder, the full half hourly rates shall be paid for any period of time up to and including 30 minutes. The Contractor shall invoice the demurrage charges to the Ordering Officer within thirty (30) calendar days following incurrence of said charges. In the event the Contractor fails to invoice for demurrage charges as herein required, the Government shall be relieved from all responsibility for such a payment unless the Contractor’s delay in submitting said invoice is due to circumstances beyond the Contractor’s control.

1.4.8. CANCELLATION OF REQUIREMENT. Cancellation charges specified in Items 0005 (and corresponding Items under Options) in the Pricing Schedule shall be applied when the service is scheduled and the requirement is cancelled or rescheduled/postponed on the day of the performance, whether or not the Contractor’s vehicle has been placed at the pick-up point. In case when the Contractor’s vehicle with cargo escorts is held and cancelled after the expiration of the free time, the Contractor shall not be paid demurrage charge in addition to the cancellation charge.

1.4.9. The Contractor’s cargo escort shall obtain Operation Security (OPSEC) training conducted by 730 AMS Security Manager prior to performance and annually after the initial training.

1.4.10. MOBILIZATION AND START-UP: The Contractor shall meet the requirements specified below to mobilize cargo escort service:

1.4. 10.1. Mobilization Schedule. The Contractor will be provided 60 calendar days of mobilization period from the date of award. The Contractor shall mobilize cargo escort service operation fully on the 61st calendar day from the date of award in accordance with the mobilization schedule incorporated in the contract upon award.

1.4.10.2. Application for Status of Forces Agreement (SOFA) Article XIV Status. The Contractor shall submit a letter of request to apply for SOFA Article XIV status addressing the information specified in Appendix A, USFJI 64-102, para 3.2.1 and 3.3.1, to the Contracting Officer within ten (10) working days from the award of the contract. (See also the local clauses No. YSP005, Contracts to be Performed in Japan, No. YSP006 SOFA Article XIV Status, YSP007 SOFA Article I(b) Status, and No. YSP010 Logistic Support.)

1.4.10.3. Secret Security Clearance. The Contractor shall provide a copy of the valid certification from Joint Personnel Adjudication System (JPAS) for each cargo escort personnel to the Contracting Officer within ten (10) working days from the award of the contract. This certification will be verified by the 374th Security Forces Squadron for validity.

1.4.10.4. Valid Driver’s License. The Contractor shall submit a copy of a valid Japanese driver’s license, USFJ driver’s license, or U.S. driver’s license (which will allow contractor personnel to obtain a USFJ driver’s license) of each cargo escort personnel to the Contracting Officer within ten (10) working days from the award of the contract.

1.4.11. DOCUMENTATION AND SUBMITTALS. During the performance period, the Contractor shall submit required documents in accordance with Appendix A, USFJI 64-102, when applicable.

1.5. GENERAL INFORMATION.

1.5.1. QUALITY CONTROL. The contractor shall develop and maintain a quality control program and quality control plan (QCP) to ensure services are performed in accordance with the PWS. A QCP shall be established and implemented by the Contractor in order to identify and prevent defects in the quality of service performed. The QCP shall be submitted to the Contracting Officer for acceptance prior to commencement of work. As a minimum the Contractor shall develop quality control procedures addressing the following:

1.5.1.1. An inspection system covering all the services listed in para 2, Services Summary, must specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished, and the title of the individual(s) who will perform the inspection.

1.5.1.2. The methods for identifying and preventing defects in the quality of service performed before the level of performance becomes unacceptable.

1.5.2. QUALITY ASSURANCE. The Government will evaluate all of the contractor’s performance in accordance with the Performance Plan (PP) by appointing QAP to monitor performance to ensure services are received. The QAP will also evaluate the Contractor’s performance through intermittent on-site inspections of the Contractor’s quality control program.

1.5.3. GOVERNMENT REMEDIES. The Contracting Officer shall follow FAR 52.212-4, Contract Terms and Conditions - Commercial Items for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

1.5.4. OBTAINING EXEMPTION FROM JAPANESE TAXES AND SUBMISSION OF VEHICLE’S LISTING FOR TAX EXEMPTION CERTIFICATE

1.5.4.1. USFJ Policy Letter 177-1 (Obtaining Exemption from Japanese Taxes) outlines the procedures for obtaining exemption from certain Japanese taxes in connection with official procurement by the U.S. Armed Forces. The basis whereby U.S. Armed Forces obtain exemption from Japanese taxes are prescribed in paragraph 3, Article XII of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between the U.S. and Japan.

1.5.4.2. Prior to performing services, the Contractor shall be responsible for submission of fuel consumption ratios of vehicles to the Contracting Officer, 374th Contracting Squadron, Yokota Air Base, Fussa-shi, Tokyo for verification; an accurate listing of all vehicles to be used under this contract with the copies of vehicle inspection certificates; and location(s)/distances between the Contractor’s Motor Pool(s) and pick-up and/or delivery installations to the Tax Exemption Certifying Officer for issuance of fuel tax exemption certificates under this contract.

1.5.4.3. The Contractor shall submit requests for issuance of tax exemption certificates in a timely manner to the Contracting Officer.

1.5.4.4. The Contractor shall also submit a certified statement to the Contracting Officer for claiming deadhead distances for each ordered service during the performance period. The wording for the certification statement will be provided to the Contractor by the Contracting Officer.

1.5.4.5. The Contractor shall not include deadhead distance for vehicles that are used for the purpose other than to perform the service under this contract.

1.5.4.6. The Contracting Officer will review the accuracy of the Contractor’s figures on fuel consumption prior to issuance of an appropriate tax exemption certificate.

1.5.5. CONTRACTOR PERSONNEL

1.5.5.1. CONTRACT MANAGER. The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person, and an alternate or alternates who shall act for the Contractor when the manager is absent, shall be designated in writing to the Contracting Officer. The Contract Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

1.5.5.2. CONTRACTOR EMPLOYEES. A list of all contractor employee escorts with proof of respective security clearances shall be provided to the Ordering Officer prior to performance of the contract. Contractor personnel shall be easily recognizable as contractor employees. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges which contain the contractor’s company name and the employee’s name.

1.5.5.3. Removal of Contractor’s Employees. The Contractor shall utilize only experienced, responsible and capable employees in the performance of this contract. The Contracting Officer may require the Contractor to remove employees who endanger persons or property, or whose continued employment under this contract is inconsistent with the interests of military security.

1.5.5.4. THIRD COUNTRY NATIONALS (TCN). The Security Forces on each base control entry to the base. Under certain circumstances, the TCN might be denied entry. It is the Contractor’s responsibility to coordinate with Security Forces at each base when there is a question about particular circumstances.

1.5.5.5. HIRING U.S. GOVERNMENT EMPLOYEES. The Contractor shall not hire employees of the U.S. Government if employing such persons would create a conflict of interest or appearance of a conflict of interest. The Contractor shall not employ any person who is an employee of the Department of Defense, either military or civilian, unless such person seeks and receives approval according to Department of Defense Directive 5500.7 (Standards of Conduct).

1.5.5.6. MILITARY PERSONNEL. The Contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station (PCS), change in duty hours, or deployment. Military Reservists and National Guard members may be subject to recall to active duty. Abrupt absence of these personnel could adversely affect Contractor’s ability to perform; however, their absence at any time shall not constitute an excuse for non-performance under this contract.

1.5.5.7. INSTALLATION BASE PASSES. The U.S. Government will issue all required Installation/Base Passes and Controlled Area Badges to contractor personnel at no cost to the Contractor. Vehicle insurance certificates are required to obtain Base Passes and must cover the automobile liability insurance in the types and minimum amounts of (a) Bodily Injury - ¥30,000,000 per person per occurrence, in addition to the Japanese Compulsory Insurance (JCI), and (b) Property Damage - ¥3,000,000 per occurrence. The prime contractor shall be responsible for all passes issued to his/her own or subcontractor’s employees under this contract. The Contractor shall return all applicable passes upon termination of employment or completion of this contract to the Pass Section and confirm it in writing to the Contracting Officer.

1.5.6. REPORTS OF DAMAGES, DESTRUCTION, INJURY, OR DEATH

1.5.6.1. The Contractor shall report all incidents of damage or destruction to property, or personal injury or death to any person, arising out of and during the performance of this contract except for those reported at para 1.1.(c) and 1.1.(d)(2) within two (2) hours of such occurrence to the following agencies:

or DSN 315-225-5060

Yokota Cargo Operations:

Operator: 042-552-2511, Ext. 225-7979 or DSN 315-225-7979

For the purposes of this clause, the term “property” includes equipment, freight, or property of any type, whether Government owned or not. The term “Contractor” includes the Contractor, its agents, servants or employees.

1.5.6.2. The Contractor shall submit a complete written report within 24 hours to the QAP after occurrence of the incident. The Contractor shall furnish a copy of the report to the Contracting Officer.

1.5.7. PERFORMANCE OF SERVICES DURING CRISIS DECLARED BY THE NATIONAL COMMAND AUTHORITY OR OVERSEAS COMBATANT COMMANDER. Not applicable to this contract.

1.5.8. U.S. LEGAL HOLIDAYS. The U.S. legal holidays are specified below (see paragraph 1.4.2. above):

2. SERVICES SUMMARY

The following Services Summary (SS) identifies the performance objectives and performance thresholds for critical tasks associated with providing support services for this requirement. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Report all incidents of damage to cargo immediately after such occurrence

3. GOVERNMENT FURNISHED PROPERTY AND SERVICES

3.1. Logistic Support. For the Contractor who is granted either SOFA Article XIV or I(b) status, logistic support will be provided as specified in the local clause No. YSP 010, Logistic Support. The following items are directly related with the performance:

3.1.1.

Official Vehicle (OV) plates (Article XIV company only).

Note: Vehicles with OV plates are exempted from tolls, annual road taxes, vehicle tonnage tax, and motor vehicle registration with the GOJ.

3.1.2.

Purchase of petroleum and oil products at the base exchange service stations for the Contractor-provided vehicles with OV plates (Article XIV company only).

3.1.3.

Government lodging on a space available basis

3.2. Security seals and rotary locks with keys will be provided by the Government to the Contractor without cost at the time of a piece count for material prior to the departure of the cargo truck(s).

3.3. SECURITY FORCES AND FIRE PROTECTION. Upon request for assistance, the following units will provide services on base as necessary:

(a) Base Security Forces

Telephone 911

(b) Base Fire Department

Telephone 911

(c) Base Emergency

Telephone 911

4.

APPENDIX:

A. USFJ Instruction 64-102, United States Official Contractors and Their Employees

15 May 08 version