02_Atch1-PWS.pdf

Attachment 1 to Solicitation No. FA5209-11-T-0092

PERFORMANCE-BASED WORK STATEMENT (PWS)

FOR

TRANSPORT OF

INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO) CONTAINERS

AND GOVERNMENT-OWNED/CONTROLLED CONTAINERS

18 APRIL 2011

The attached PWS is being provided in accordance with (IAW) Section 801, 10 USC 2330. Any contract or task order resulting from this request is to be acquired using performance-based principles.

TABLE OF CONTENTS

Title Page

SECTION 1 Description of Services/General Information 3 ~ 14

SECTION 2 Services Summary 15

SECTION 3 Government Furnished Property and Services 15

SECTION 4 Appendix 16

APPENDIX A. Area Definition IAW Government of Japan (GOJ) Tariff

SECTION 1

DESCRIPTION OF SERVICES/GENERAL INFORMANTION

1. DESCRIPTION OF SERVICE. The Contractor shall furnish services of transporting ISO container/knock-down flatrack (platform) container and Government-owned/controlled container including military-owned demountable container (MILVAN) by the Contractor’s truck-tractor with 20ft and 40ft commercial container chassis as set forth in the Pricing Schedule, IAW the terms and conditions of this contract and applicable GOJ laws and trade practices.

1.1. AREA OF PERFORMANCE. The areas of performance shall be throughout Honshu, Kyushu, and Hokkaido to meet transportation requirements and the Area Definition IAW GOJ Tariff is listed in Appendix A. The point-to-point routes are specified in the Pricing Schedule.

1.2. TRANSPORTATION OF FREIGHT. The Contractor shall transport the following property upon order issued by the Transportation Officer (TO).

1.2.1. General Freight – shall consist of all types and descriptions other than dangerous, hazardous, or sensitive freight as further defined below.

1.2.2. Dangerous Freight – shall consist of items which are applied to the GOJ “Fire Defense Law” (Law No. 186, 24 July 1948, with revisions thereto), “Poisonous and Deleterious Substances Control Law” (Law No. 303, 28 December 1950, with revisions thereto), “High Pressure Gas Safety Law” (Law No. 204, 7 Jun 1951, with revisions thereto) and other related laws/ordinances. These items must be transported IAW such laws/ordinances. Additional charge for transporting of this freight is specified in Item A015AA (and corresponding Items under Options) in the Pricing Schedule.

1.2.3. Hazardous Freight – shall consist of low explosive, high explosive, 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. These items must be transported IAW such laws/ordinances. When these explosives are being transported, a GOJ clearance issued by the Prefectural Public Safety Commission must be obtained. Additional charge for transportation of this freight are specified in Item A015AB (and corresponding Items under Options) in the Pricing Schedule. In addition, the Government shall provide special (safety) instructions including truck inspection to the Contractor’s driver(s) prior to releasing the container loaded with explosives. Written instruction and inspection shall be bilingual to ensure driver(s) fully understand the contents. As defined in the GOJ Explosives Control Law, the following Items shall not require the GOJ clearance based on net explosive weight (NEW) or quantities specified below. They shall be defined as sensitive freight specified in paragraph 1.2.4 under the contract, however, the Contractor shall not be relieved from complying with said laws/ordinances and instruction/inspection related to hazardous freight.

(a) Low explosives: NEW of 200 kilograms or less.

(b) High explosives: NEW of 100 kilograms or less.

(c) Blasting caps, electric and non-electric: 40,000 each or less.

(d) Small arms primer: 400,000 each or less.

(e) Detonating cord: 6 kilometers length or less.

(f) Live or blank small arms ammunition (SAA) NEW of 0.5 grams or less per round:

400,000 each or less.

(g) Live or blank small arms ammunition (SAA) NEW of over 0.5 grams per round:

200,000 each or less.

(h) Other explosive materials not listed above: NEW of 100 kilograms or less.

Remarks: When transporting a container stuffed with two or more items mentioned above, NEW or quantity of the items shall be divided by the applicable weight or quantity specified above, and sum of the percentages shall not exceed 100% IAW GOJ Explosives control Law and applicable ordinances. In case when the sum of the percentages exceeds 100%, a GOJ clearance is required and the items shall be transported as the hazardous fright under the contract.

Example:

Item Item NEW/Qty of shipment Allowable NEW/Qty

%-age of allowable NEW/Qty

Detonating cord 3km 6km 50% SAA (NEW over 0.5g/round) 80,000 each 200,000 each 40%

(The sum of the percentages is 90%; therefore, detonating cord (3km) and the SAA (80,000 each) may be shipped as sensitive freight under the contract: 3 km ÷ 6 km + 80,000 each ÷200,000 each = 50% + 40% = 90%)

1.2.4. Sensitive Freight – shall consist of any fright which requires a high degree of protection while in transit as designated by the TO. Additional charge for transporting of this freight is specified in Item A015AC (and corresponding Items under Options) in the Pricing Schedule.

1.2.5. Dual Driver Protective Service (DDP) and Signature and Tally Record Service. The Contractor shall comply with the following when transporting freight designated as sensitive or hazardous freight by the TO.

(a) DDP. Any container transporting sensitive or hazardous freight shall be manned by two (2) drivers possessing applicable driver’s licenses. The container loaded with the said freight must be attended by at least one of the two drivers in the cab of the truck-tractor and not in a sleeper berth or within 25 feet of truck-tractor with chassis at all the time during brief stops when required.

(b) Signature and Tally Record Service (DD Form 1907). When used with DDP, both drivers are required to sign when they assume responsibility for the shipment.

1.2.6. Truck-Tractor with Container Chassis – shall be used for transporting of containers listed in paragraph 1.2.7.

1.2.7. Types of Containers. The Contractor is required to transport the following containers under this contract:

(a) ISO Containers – an enclosed, permanent, reusable, non-disposable, weather-tight shipping conveyance, measuring (width x height x length in feet) 8x (8 to 9½) x 20 and 8 x (8 to 9½) x 40, fitted with at least one door, which can be handled in transit as a unit, or can be mounted and secured on marine, rail or highway transport.

(b) Flatrack (platform) Containers – a non-weatherproof platform having neither sides nor a top, but having collapsible ends. The flatrack can be end loaded or top or side loaded. Flatrack containers are convertible to a “knock-down” condition (i.e., the ends are collapsed so that the container is flattened in appearance) for delivery purposes. Up to a total of three such flattened or knock-down containers may be stacked together, so that a single chassis may hold a total of from one to three knock-down containers.

(c) Government Containers and MILVANs – conforming to United States and ISO standards, measuring (width x height x length in feet) 8 x (8 to 8½) x 20.

1.3. SECURITY GUARDS. The TO reserves the right to furnish security guards or military police escorts for any or all vehicles while the vehicles are engaged in the performance of services under this contract. The Contactor shall, if required by the TO, permit one (1) security guard or escort to ride on any or all of the vehicles at no extra charge. In the event the security guard is used, the Contractor is not required to return them to the loading point.

1.4. SAFETY REQUIREMENTS. The Contractor shall comply with the following requirements when transporting ammunition and explosives (AE) (Reference C3.16, DOD 4145.26-M, dated 13 March 2008):

1.4.1. Written Procedures. The Contractor shall develop written procedures to ensure for safe and efficient transportation of AE in motor vehicles. These procedures shall include, as a minimum:

(a) Brakes shall be set and the wheels chocked when the possibility exists that the vehicle could move during loading or unloading.

(b) AE shall not be loaded or unloaded when a motor vehicle’s engine is running, unless the engine is providing power to accessories used in the loading and unloading, such as mechanical handling equipment. If the engine is diesel powered, it may continue to run during loading or unloading of explosives except when exposed explosives are involved.

(c) Vehicles, including partly or completely loaded flatbeds, shall have the load blocked and braced to prevent shifting during transit.

(d) The operator shall not transport AE material in the passenger compartment of the vehicle.

(e) Motor vehicles transporting AE within the establishment but outside the explosives area shall bear at least two appropriate placards identifying the hazard division of the AE. These placards should be removed or covered whenever the vehicle is not loaded. Reflectorized placards are preferred.

(f) The vehicle operator shall be trained in emergency procedures to be followed in the event of a vehicle fire, breakdown, accident, damaged or leaking containers, and spilled AE material.

1.4.2. Pre-Loading Motor Vehicle Inspections. All motor vehicles used to transport AE shall be inspected daily before loading to verify:

(a) Vehicles are in a safe operating condition.

(b) Batteries and wiring are not in contact with containers of AE.

(c) Exposed ferrous metal in the interior of the vehicle body is covered with non-sparking material when scrap and bulk explosives are being transported in containers that could be damaged or when explosives could otherwise become exposed.

(d) A serviceable portable fire extinguisher of the appropriate class is carried on the motor vehicle IAW the referenced manual and the local standards.

1.4.3. Loading Incoming Motor Vehicle Inspections.

(a) Vehicles loaded with AE shall be inspected upon arrival at remote sites. If no problems are found, vehicles may be opened for interior inspection or moved to the designated unloading location.

(b) Motor vehicles loaded with AE that are suspected of being in hazardous condition shall be moved to a suspect truck site that is separated from other potential explosion sites or exposed sites by the applicable quantity distance criteria.

(c) Vehicles shall be inspected after unloading AE to ensure that they are clean and free from loose explosives and flammable materials and that placards and vehicle certificates have been removed. Explosives waste cleaned and removed from the floors shall be disposed of property.

1.5. OPERATIONAL REQUIREMENTS.

1.5.1. The Contractor shall perform services when scheduled by the TO at any time during any calendar day to meet the established loading and unloading dates and times. The Contractor is required to follow the operational definitions and requirements described below.

1.5.2. Ordering/Bill of Lading.

(a) When an order for services is placed with the Contractor, the TO will specify the loading and unloading points, reporting time and date, size and type of container, nature of freight, estimated weight and/or cubic measurement including quantity, and reporting time, and round trip and ferry service if required. In addition, ferry schedule between Aomori-ko and Hakodate-ko for hazardous freight, dangerous freight, or sensitive freight with explosives must be confirmed when ordering through the Contractor.

(b) The TO shall issue a Bill of Lading (BL), USFJ Form 334EJ, for service provided under the contract. The TO shall indicate terms and conditions (type of chassis ordered, round trip, ferry route, accessorial services, etc.) in remarks column of BL for which payment is due.

The TO shall provide an original BL to the Contractor in exchange for the signed receipt of shipping documents (e.g., DD Form 1384, Transportation Control and Movement Document/Supporting Document) within 15 calendar days after the shipment is completed and the Contractor submits said shipping document.

(c) The order will be given orally and confirmed by means of a properly executed BL. In the event of original BL is known to have been lost, rendered unusable, or destroyed after the original BL is issued, a Certificate in Lieu of Lost Bill of Lading (USFJ Form 376EJ) shall be used to document the shipment. Related transportation services and charges will be documented by a properly executed Bill for Accessorial Services (BAS) (USFJ Form 416EJ).

(d) Advance Notification. The TO will place an order for service to the Contractor prior to the time frame set forth below. The term “working days” used herein covers Monday through Friday excluding U.S. legal holidays specified at paragraph 1.6.12 below.

(1) For general, dangerous, sensitive freight (other than (3) below): 1200 hours on the working day preceding the day service is required.

(2) For hazardous freight other than (3)(ii) below.

(i) Intra-prefectural shipment under jurisdiction of one Prefectural Public

Safety Commission: Three (3) working days prior to the day service is required.

(ii) Inter-prefectural shipment under jurisdiction of more than one Prefectural Public Safety Commission: Four (4) working days prior to the day service is required.

(3) For freight to/from Hokkaido:

(i) General freight and sensitive freight other than (ii) below: Four (4) working days prior to the day service is required.

(ii) Hazardous freight, dangerous freight, and sensitive freight with explosives:

Ten (10) working days prior to the day service is required.

1.5.3. Repetitive Orders of Items in Distance Table. Rates at Item A015AT (and corresponding Items under Options) in the Pricing Schedule are to be used for unforeseen requirement only. When repetitive orders are required for a specific service under the rates indicated in the Table 1, upon written request of either the Contractor or the Government, said service shall be incorporated into the “point to point” pricing schedule by way of a supplemental agreement to the contract.

1.5.4. Cost of Operation. All Costs of operation under this contract shall be borne by the Contractor, including but not limited to, tolls, licenses, costs of overtime, ferry charges, Sunday or Japanese holiday work, or for operations during stormy or inclement weather except those authorized by paragraph 1.5.11, Accessorial Service.

1.5.5. Round Trip Requirement. The Contractor shall transport filled or empty container from origin point to destination point and return filled or empty container to the origin point as designated by the TO on ordering. This transportation cost will be calculated based on its accumulated total distance by applicable distance rate table of Item A015AT (and corresponding Items under Options) in the Pricing Schedule. However, the service that once a container chassis is detached from a truck-tractor at loading/unloading points is not applied to round trip under the contract.

1.5.6. Government Installations – shall consist of USFJ installations, and Japan Self Defense Forces (JSDF) facilities.

1.5.7. Freight Loading Point – a platform or shipping point designated by the TO.

1.5.8. Freight Unloading Point – a platform or receiving point designated by the TO.

1.5.9. Stuffing/Unstuffing and Mounting/Dismounting. Stuffing and unstuffing of the container shall be performed by the Government. Containers shall be mounted on or dismounted from chassis by the Government. However, the Contractor shall not be relieved from the responsibility for the proper stowage and securing of freight against loss or damage while in transit. The Government reserves the right to reposition Contractor’s chassis during such operations within military installations when required.

1.5.10. Free Time. The Contractor shall provide the following free time to the Government:

(a) A two (2) hour period commencing from the time a truck-tractor is placed by the Contractor at the freight loading/unloading points and notice thereof is given to the TO.

(b) A twenty-four (24) hour period commencing from the time a container chassis detached from truck-tractor is placed at a freight loading/unloading points and notice thereof is given to the TO. However, this free time shall not be applied to the accessorial service specified in paragraph 1.5.11.(b).

1.5.11. Accessorial Services (Charge will be paid by BL or BAS).

(a) Demurrage (BAS). If through no fault of the Contractor, the truck-tractor/container chassis is not loaded and dispatched or discharged and released within the allowable free time as specified in paragraph 1.5.10, the Contractor shall be entitled to demurrage for detention of the truck-tractor/container chassis by the Government beyond the free time as follows:

(1) For calculating the demurrage charge, any period beyond the free time which is less than a half hour for truck-tractor shall be considered as a half hour. The demurrage charge are specified in Item A015AM (and corresponding Items under Options) in the Pricing Schedule.

(2) For calculating demurrage charges, any period beyond the free time which is less than a twenty-four (24) hours for container chassis shall be considered as a twenty-four (24) hours. The demurrage charges are specified in Item A015AN and A015AP (and corresponding Items under Options) in the Pricing Schedule.

(3) The Contractor shall submit a request for demurrage to the TO within thirty (30) days following incurrence of said charge. In the event the Contractor fails to submit such a request for demurrage as herein required, the Government shall be relieved from all responsibility for such a request unless the Contractor’s delay in submitting said request is due to circumstances beyond the Contractor’s control.

(b) Loan of the Contractor-owned Container Chassis (BAS). The Contractor shall provide 20ft or 40ft container chassis for the Government to place a Government-owned/controlled ISO container/MILVAN at the designated Government installation when requested by the TO on ordering. The charge per day per chassis is indicated in Item A015AK or A015AL (and corresponding Items under Options) in the Pricing Schedule. In case allocation/return of container chassis from/to the Contractor’s holding area is required before the container shipping date or after the container arrival date, the Contractor shall be entitled to 20ft or 40ft container minimum rates listed in the distance rates table of Item A015AT (and corresponding Items under Option) in the Pricing Schedule for this service. The maximum numbers of 20ft and 40ft container chassis and days to be loaned as follows:

(1) 20ft container chassis: Ten (10) chassis and thirty-five (35) calendar days.

(2) 40 ft container chassis: Six (6) chassis and thirty-five (35) calendar days.

(c) Use of Toll Roads (BAS).

(1) the Contractor is required, when directed by the TO, to use toll road(s) for the transportation of containers stuffed with sensitive freight accompanied by the Government escorts, and for expediting shipments of containers to meet the Required Delivery Date/Time at destination. The BL shall be annotated with “Use of toll roads authorized” in the “Remarks” column thereon.

(2) The Contractor is responsible for submission of original toll road receipts in a timely manner to the TO who will issue USFJ Form 416EJ for payment purpose. (The toll road receipts shall be filed with the No.5 copy of the USFJ Form 416EJ at the issuing transportation office.)

(d) Midnight and Early Morning Charge (BL). When specifically directed by the TO, the

Contractor shall commence the service between the hours of 2200 and 0500. Additional charge for this service are specified in Item A015AH (and corresponding Items under Options) in the Pricing schedule. However, this charge shall not apply for a shipment of container exceeding 200 kilometers one-way and/or for a shipment of container with ferry service listed in the contract.

(e) Winter Periods/Charges (BL).

(1) When the Contractor performs service to/from or within Tohoku/Hokuriku, Shin-etsu Area listed in Area Definition during the winter period from 1 December through 31 March, additional charges for this service are specified in Item A015AD or Item A015AE (and corresponding Items under Options) in the Pricing Schedule. However, the service performed between Tohoku/Hokuriku, Shin-etsu Area and Hokkaido Area shall be applied to the additional charges specified in Item A015AG and winter period specified in paragraph (2) below.

(2) When the Contractor performs service to/from or within Hokkaido Area listed in

Area Definition during the winter period from 16 November through 15 April, additional charges for this service are specified in Item A015AF or A015AG (and corresponding Items under Options) in the Pricing Schedule.

(f) Ferry Charges (BL) shall be specified in Table 2 at Item A015AU (and corresponding

Items under Options) in the Pricing Schedule shall be added for performance to/from Hokkaido or Kyushu Area. When use of ferry is involved in performing services, the Contractor is entitled to round trip ferry charges in returning the chassis to the original Contractor’s holding area.

1.5.12. Cancellation of Requirement (Charge will be paid by BAS).

(a) Cancellation of truck-tractor with chassis (Item A015AQ, A015AR, and corresponding Items under Options) in the Pricing Schedule shall be applied when service is scheduled and the requirement is cancelled, rescheduled or postponed on the day of the performance, whether or not the Contractor’s truck-tractor with chassis has been placed at the container pick up point and/or freight loading point. In case when the truck-tractor and/or container chassis is held after the expiration of the free time, the Contractor shall not be paid a demurrage charge in addition to the cancellation charge.

(b) In the event service is scheduled and the requirement is cancelled after the Contractor has obtained all clearances for transportation of hazardous freight from the Public Safety Commission(s) of GOJ, the Contractor shall be entitled to cancellation charges specified in Item A015AS (and corresponding Items under Options) in the Pricing Schedule by submitting evidence to the TO. This “hazardous freight” cancellation charge is in addition to the cancellation charge payable under the provisions of paragraph (a) above. However, the cancellation charge shall not accrue when the shipment is rescheduled or postponed due to military necessity within the allowable period of the clearance certificate.

1.5.13. Calculation of Charges. Additional charges shown in percentages shall be calculated based on unit price listed in the Pricing Schedule (including Distance Rate of Table).

(a) In case the items loaded on a container are commingled with general/dangerous/ hazardous/sensitive freight, the charge is calculated based on the highest rate specified in the Pricing Schedule.

(b) If increase percentages are applicable, adjustments for such percentages will be made prior to calculation of transportation cost; e.g., if a 30% increase and 5% increase are applicable, transportation charge will be calculated by increasing the price by 35%. However, when a shipment is accomplished with ferry services listed in the contract, ferry charges shall be excluded from the amount to which any increase percentages are applied.

1.5.14. Table of Distances.

(a) HQ US Army Garrison, Japan-issued Military Traffic Management Bulletin (MTMB) No. 2, entitled “Official Table of Highway Distances, Japan” as revised, shall be used in computing charges for services rendered hereunder. It establishes the kilometer distance between the main gates of loading and unloading installations.

(b) For transportation of freight between points not indicated in the bulletin, the

Movements Management Branch, Transportation Division, Directorate of Logistics, U.S. Army Garrison, Japan will measure new distance(s) upon request from the shipping Transportation Office, and provide the distance(s) to the requesting Transportation Office and the Contractor for computation of transportation charges.

1.6. GENERAL INFORMATION.

1.6.1. Quality Assurance. The Government will evaluate the Contractor’s performance by appointing a Contracting Officer’s Representative (COR) to monitor performance to ensure services are received. The COR will evaluate the Contractor’s performance through receipt of complaints from the TOs. The Government will evaluate all of the Contractor’s performance IAW the Quality Assurance Surveillance Plan (QASP).

1.6.2. Government Remedies. The Contracting Officer (KO) shall follow FAR 52.212-4, Contract Terms and Conditions-Commercial Items for the Contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

1.6.3. Performance of Services during Crisis Declared by the National Command Authority or Overseas Combat Commander. Not applicable to this contract.

1.6.4. Transportation Officer. The TO or Transportation Agent is authorized to place an order or schedule deliveries in the manner described herein. The TO shall have authority to certify the performance of services by the Contractor. A current list of TOs will be submitted to the Contractor at the pre-performance conference.

1.6.5. Obtaining Exemption of Japanese Tax and Submission of Vehicle’s Listing for Tax Exemption Certificate.

(a) 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 US Armed Forces. The basis whereby US 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.

(b) The Contractor shall be responsible for submission of the following documents to the

Tax Exemption Certifying Officer; mailing address is 252-8511 Kanagawa-ken, Zama-shi, Camp Zama, ATTN: IMPC-JA-LGT-M (Movements Management Branch, Trans Division, DOL, U.S.

Army Garrison, Japan) for verification and issuance of fuel tax exemption certificates under this contract.

(1) Fuel consumption ratios of truck-tractors.

(2) Accurate lists of all truck-tractors to be used under this contract with copies of vehicle inspection certificates, and other information if required.

(c) The Contractor will submit requests for issuance of tax exemption certificates in a timely manner to the Tax Exemption Certifying Officer.

(d) The Contractor shall also submit a certified statement to the Tax Exemption Certifying

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 Tax Exemption Certifying Officer.

(e) The Contractor shall not include deadhead distance for truck-tractors that transport containers owned or used by a third party. This service is not considered for official use for fuel tax exemption purposes.

(f) The Tax Exemption Certifying Officer will review the accuracy of the Contractor’s figures on fuel consumption prior to issuance of appropriate tax exemption certificate.

1.6.6. Security Safety Requirements.

(a) Installation Base Passes. The US Government will issue all required Installation/Base Passes and Controlled Area Badges to the 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 own or his subcontractor’s employees under this contract.

The Contractor shall return all applicable passes upon termination of employment or completion of this contract to the Japanese Pass Section.

(b) Report of Damage, Destruction, Injury or Death.

(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.

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

(2)The Contractor shall submit these reports to the Contracting Officer (KO) and the

Contracting Officer’s Representative (COR) as follows:

(i) A preliminary report shall be made as soon as practicable after the time the incident occurs. The report may be either verbal or by facsimile.

(ii)A complete written report shall be submitted within 96 hours after occurrence of the incident.

1.6.7. Contractor’s Personnel.

(a) Contract Manager (CM). The Contractor shall provide a CM who shall be responsible for the performance of work under this PWS. The name of this individual and alternate(s) who shall act for the Contractor when the CM is absent shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the Contractor on all contract matters relating to the daily operations of the work performed under this contract. The CM and alternate shall be individuals who are capable of conversing in, and comprehending English.

(b) The CM or alternate shall not perform any other services under this PWS without coordination through the COR. The CM shall report any problems that are encountered in any work locations.

(c) Removal of Contractor’s Employee. The Contractor shall utilize only experienced, responsible and capable employees in the performance of this contract. The KO may require that the Contractor remove from the Government job any of his/her employees who endanger persons or property, or whose continued employment under this contract is inconsistent with the interests of military security.

(d) Third Country Nations (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 circumstance.

1.6.8. Subcontracting. The Contractor shall not use subcontractors without prior written coordination with the Contracting Officer. The subcontractors shall meet the standards required by this contract to perform the service. The prime contractor is responsible for the performance of the subcontractors.

1.6.9. U.S. Legal Holidays. The U.S. legal holidays are specified below (see paragraph 1.5.2.(d) above):

1st January New Year’s Day 3rd Monday of January Martin Luther King Jr.’s Birthday 3rd Monday of February Presidents’ Day Last Monday of May Memorial Day 4th July Independence Day 1st Monday of September Labor Day 2nd Monday of October Columbus Day 11th November Veterans Day 4th Thursday of November Thanksgiving Day 25th December Christmas Day

1.6.10. Liabilities.

(a) The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage or injury in such cases.

(b) Except when loss and/or damage arises out of causes beyond the control and without the fault or negligence of the Contractor, the Contractor shall assume full liability for any and all goods lost and/or damaged in the movement covered by this contract.

SECTION 2

2. SERVICE SUMMARY.

Performance Objective PWS Paragraph Performance Threshold Providing appropriate transportation services for sensitive or hazardous freight movement

1.2.5 Customer complaints shall not exceed 1 per month

Furnishing proper equipment as ordered

1.2.6 and 1.4.2 Customer complaints shall not exceed 3 per month

Compliance with Transportation Officer’s schedule

1.5.1 Customer complaints shall not exceed 3 per month

SECTION 3

3. GOVERNMENT-FURNISHED SERVICES. None.

SECTION 4

4. APPENDIX.

APPENDIX A: AREA DEFINITION IAW GOJ TARIFF

APPENDIX A

AREA DEFINITION IAW GOJ TARIFF

Hokkaido Area: Hokkaido.

Tohoku Area: Aomori-ken, Iwate-ken, Miyagi-ken, Akita-ken, Yamagata-ken, and

Fukushima-ken.

Hokuriku, Shin-etsu Area:

Niigata-ken, Nagano-ken, Toyama-ken and Ishikawa-ken.

Kanto Area: Tokyo-to, Kanagawa-ken, Chiba-ken, Saitama-ken, Ibaraki-ken, Gunma-ken, Tochigi-ken, and Yamanashi-ken.

Chubu Area: Aichi-ken, Shizuoka-ken, Gifu-ken, Mie-ken, and Fukui-ken.

Kinki Area: Osaka-fu, Kyoto-fu, Hyogo-ken, Shiga-ken, Nara-ken, and

Wakayama-ken.

Chugoku Area: Hiroshima-ken, Tottori-ken, Shimane-ken, Okayama-ken, and

Yamaguchi-ken.

Kyushu Area: Fukuoka-ken, Saga-ken, Nagasaki-ken, Kumamoto-ken, Oita-ken, Miyazaki-ken, and Kagoshima-ken.