PWS revised.doc

FA5209-08-T-0330

Attachment 1

DEPARTMENT OF THE ARMY

UNITED STATES ARMY JAPAN

OFFICE OF THE STAFF JUDGE ADVOCATE

UNIT 45005 APO AP 96343

PEFORMANCE-BASED WORK STATEMENT

FOR

JAPANESE ATTORNEY

BUILDING 101

CAMP ZAMA

Camp Zama

8 September 2008

Table of Contents

SECTION 1

Description of Services/General Information

SECTION 2

RESERVED

SECTION 3

Government Furnished Property and/or Services

SECTION 4

RESERVED

SECTION 1 – DESCRIPTION OF SERVICES/GENERAL INFORMATION

1. DESCRIPTION OF SERVICES. The contractor shall provide all management, tools, equipment, transportation, supervision and labor necessary to provide legal advice pertaining to Japanese law on a wide variety of legal issues from minor civil matters to more serious criminal cases, if required following with this Performance-Based Work Statemetn (PWS). The services shall be performed at Building 101, Office of the Staff Judge Advocate, Camp Zama, Japan.

1.1. TYPE OF SERVICES REQUIRED. The contractor shall perform the following listed services:

1.1.1. The Contractor shall furnish legal advice and consultation appropriately to the Office of the Staff Judge Advocate, Camp Zama, Japan, to support and assist DoD Cardholders with their rights and duties under Japanese civil and criminal law, including, but not limited to, family and marital law, immigration law, auto insurance, traffic laws, consumer law, landlord-tenant disputes, criminal and civil litigation in Japan. The Contractor shall furnish legal advice for problems from minor matters to more serious criminal cases. The legal advice and consultation provided by the Contractor shall include, but not be limited to, direct advice to clients, telephone calls, legal drafting, legal correspondence and other acts of direct assistance on behalf of clients to the extent legally necessary, but not including courtroom representation.

1.1.2. Performance Period: The contractor shall perform the services for one hundred (100) hours per fiscal year during the contract terms. The contractor shall provide the services on the scheduled dates, which are coordinated with the designated Government Representative (GR).

1.1.3. The contractor shall provide a performance schedule to the GR for review and acceptance at least one week prior to beginning performance. Any changes required due to potential conflicts shall be worked through the GR. The final accepted schedule will be provided to the Contracting Officer (CO) for use during the performance of this contract.

1.2. GENERAL INFORMATION.

1.2.1. QUALIFICATIONS.

1.2.1.1. Contractor shall be fully licensed by the Justice Ministry of Japan for the practice of law in Japan.

1.2.1.2. Contractor shall be proficient in the English language as well as Japanese language. Any substitute shall also be proficient in both languages.

1.2.1.3. Contractor shall be familiar with Department of Defense and Department of Army rules and regulations so that they may advise clients on the interaction between Japanese laws and military regulations. They should also be able to advise clients on the relationship between the Status of Forces Agreement (SOFA) and Japanese law, and other topics directly involving the SOFA that would affect DoD Cardholders.

1.2.1.4. Contractor shall have a minimum of ten years experience rendering legal opinions on problems concerning US Forces personnel and/or Japanese personnel in criminal and civil law.

1.2.1.5. Contractor shall provide an English language resume to GR for each attorney providing services under this contract prior to any such attorney providing services.

1.2.2. QUALITY ASSURANCE. The government will periodically evaluate the contractor’s performance by appointing a GR to monitor performance to ensure services are performed in accordance with the Performance-Based Work Statement (PWS). The GR will evaluate the contractor’s performance through intermittent on-site inspections.

1.2.3. SCHEDULE:

1.2.3.1. The Contractor shall perform a total number not to exceed 100 hours during the contract period. Contractor shall submit the schedule to GR at least prior to one (1) week of the schedule, and the dates and times of the performance of the services will be coordinated with the Office of the Staff Judge Advocate. The Contractor is not required to perform services on U.S. or Japanese national holidays unless otherwise agreed by the Contractor and the GR.

U.S. National Holidays

1 January New Year’s Days

3rd Monday in January Martin Luther King Jr’s Birthday

3rd Monday in February President’s Day

Last Monday in May Memorial Day

4th of July* Independence Day

1st Monday in September Labor Day

2nd Monday in October Columbus Day

11 November* Veterans Day

4th Thursday in November Thanksgiving Day

25 December* Christmas Day

1.2.3.2. Contractor shall advise the GR or designee within 24 hours of scheduled performance date when he/she is unable to carry out the provisions of this contract due to short illnesses or other bona fide emergencies.

1.2.3.2.1. Subcontracting: The contractor shall provide a qualified substitute for any period of time during which the contractor is unable to perform the duties required under this contract, if approved by the GR. The substitute shall have the same qualifications as the contractor in the performance of their duties. Prior to substituting personnel, the contractor shall provide the GR a resume on the replacement. In the event the Contractor fails to provide a satisfactory substitute to perform at scheduled date/time, the government has the right to procure the services elsewhere. Any non-performance on the part of the contractor or its subcontractor shall be grounds for termination this contract for cause.

1.2.3.3. The contractor shall notify the GR when he/she becomes unable to perform the services due to unforeseen illness or adverse reasons affecting performance for a continuing period of 30 calendar days. The inability for the contractor to perform may be reasons for termination for cause.

1.2.4. SECURITY REQUIREMENTS. The Contractor shall obtain required pass and identification items for access to Camp Zama. These items are issued by the Security Forces Pass and Registration Section, located in Building 160. The Contractor shall return identification cards to Security Forces within 24 hours of termination or completion of this contract.

1.2.4.1. Pass and Permits. Contractor personnel are required to comply with Camp Zama Motor Vehicle Code, pertaining to operation area pass requirements.

1.2.5. ENVIRONMENTAL AND HAZARDOUS MATERIAL HANDLING. Contractor shall comply with municipal environmental laws to protect the health and safety of employees/residents and minimize or eliminate environmental pollution.

1.2.6. PERFORMANCE OF SERVICES DURING CRISIS DECLARED BY SECRETARY OF DEFENSE OR THE OVERSEAS COMBATANT COMMANDER. This provision is not applicable since no services are required during a time of crisis. The CO or GR shall notify the contractor, by any means of communication, of a crisis. There shall be no costs paid by the government to the contractor during a crisis except those costs incurred for work performed [or] otherwise ordered to be performed under this contract.

1.2.7 PAYMENT.

1.2.7.1. Responsibility for receiving, inspecting, and accepting services called for is assigned to the chief of the organization. His/her duly authorized GR may act on his/her behalf.

1.2.7.2. Invoices shall be submitted on a monthly basis to the GR for acceptance of services. After certification, contractor’s invoices will be submitted to the I Corps (FWD) & USARJ Resource Management Office, G-8, Budget Section, Camp Zama Japan. If the payment is not received 37 days after the submittal of contractor’s invoice, contractor shall notify the CO for follow-up action.

1.2.8. GOVERNMENT REPRESENTATIVE (GR).

The authorized Government Representative for this contract is CW3 Alexander L. Walden, 263-3013.

SECTION 2

THIS SECTION IS RESERVED

SECTION 3- GOVERNMENT FURNISHED PROPERTY AND SERVICES

3. GOVERNMENT FURNISHED PROPERTY AND SERVICES.

3.1. GOVERNMENT PROVIDED MATERIALS. The Government will provide the following:

a. Office space for consultations- workspace, desk, chair and telephone shall be provided.

b. Office Supplies – Pen, pencil, paper, eraser, copy machine and other office supply may only be used while performing official business for this contract.

c. Contractor shall ask to GR for new or additional supplies.

3.2. UTILITIES. The Government will furnish available hot and cold water and electricity at existing outlets as may be required for the work to be performed under the contract at no cost to the Contractor.

3.3 CONSERVATION OF UTILITIES. Contractor shall be responsible for operating under conditions that prevent waste of utilities.

3.4 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

SECTION 4

THIS SECTION IS RESERVED