Atch1_PWS.pdf

Attachment 1 to Solicitation No. FA5209-13-T-0071

PERFORMANCE-BASED WORK STATEMENT (PWS)

FOR

FREIGHT FORWARDING SERVICES

FOR

JAPAN FREIGHT RAILWAY COMPANY (JFRC)

5-TON CONTAINERS

1 Apr 2013

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.

1. DESCRIPTION OF SERVICE/GENERAL INFORMATION. The Contractor shall perform freight forwarding services for JFRC 5-ton containers and related services as set forth in the Pricing Schedule, in accordance with (IAW) the terms and conditions of this contract and applicable Government of Japan (GOJ) laws, JFRC regulations and trade practices. The slash “/” means “and/or” throughout this document.

1.1. AREA OF PERFORMANCE. The areas of performance shall be throughout Japan (less Okinawa) to meet transportation requirements as specified below. The point-to-point routes are specified in the Pricing Schedule.

1.2. TYPES 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 and hazardous 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 June 1951, with revisions thereto) and other related laws/ordinances. These items must be transported IAW such laws/ordinances. An additional charge for transporting of this freight is specified in Item A003AA (and corresponding Items under Options) in the Pricing Schedule.

1.2.3. Hazardous Freight – shall consist of items which are applied to 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. In addition, the Government shall provide special (safety) instructions including truck inspection to the Contractor’s driver(s) prior to releasing the truck laden with JFRC 5-ton container(s) stuffed with explosives. Written instruction and inspection shall be bilingual to ensure driver(s) fully understand the contents. Based on shipping information provided by the TO, the Contractor shall obtain a GOJ transport certificate from the Prefectural Public Safety Commission responsible for the area from which the explosives are shipped, and it must be carried when the explosives are being transported. An additional charge for transportation of this freight is specified in Item A003AB (and corresponding Items under Options) in the Pricing Schedule. As defined in the GOJ Explosives Control Law, the following Items shall not require the certificate based on net explosive weight (NEW) or quantities specified below, however, the Contractor shall not be relieved from complying with the 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 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 two or more items mentioned above on the same truck, NEW or quantity of the items shall be divided by the applicable weight or quantity specified above, and the 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.

Example:

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 without a GOJ clearance: 3 km ÷ 6 km + 80,000 each ÷200,000 each = 50% + 40% = 90%)

1.3. JFRC 5-TON CONTAINER SHIPMENT.

1.3.1. Multi-Transportation Services. The Contractor shall transport JFRC 5-ton containers from the origin Government installation to the destination Government installation. The services shall consist of truckage from the origin Government installation to JFRC container handling station, railway movement from the origin JFRC container handling station to the destination JFRC container handling station, and truckage from JFRC container handling station to the destination Government installation. It includes loading and off loading operations at JFRC container handling stations. JFRC container handling stations shall be any JFRC stations such as rail stations and off rail stations which are available for JFRC 5-ton container handling services. In addition, the Contractor shall stop at other Government installations located in the vicinity of the origin/destination Government installations for partial stuffing/unstuffing when required. Specification of general JFRC 5-ton container (Type: 19D) is as follows:

(a) Maximum Loading Capacity: 5,000 kg (approx. 11,023 lbs)

(b) Gross Weight: 6,400 kg (approx. 14,109 lbs)

(c) Dimension:

Length Width Height

Exterior 3,715 mm (approx. 12’2”) 2,450 mm (approx. 8’) 2,500 mm (approx. 8’2”)

Interior 3,647 mm (approx. 12’) 2,275 mm (approx. 7’5”) 2,252 mm (approx. 7’4”)

1.3.2. Hazardous/Dangerous Freight to/from Hokkaido. For transportation of JFRC 5-ton container stuffed with hazardous or dangerous freight to/from Hokkaido, the Contractor shall furnish trucking service between JFRC Higashi-Aomori station, Aomori Prefecture and JFRC Goryokaku station, Hokkaido, via ferry between Aomori Port and Hakodate Port.

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

(a) DDP. Any truck transporting JFRC 5-ton containers stuffed with hazardous freight shall be manned by two (2) drivers possessing applicable driver’s licenses. The truck loaded with the said container must be attended by at least one of the two drivers in the cab of the truck and not in a sleeper berth or within 25 feet of truck at all the time during brief stops when required. This service is also applicable to the trucking service for hazardous freight specified in paragraph 1.3.2. above.

(b) Signature and Tally Record Service (DD Form 1907). In conjunction with DDP, each person responsible for handling hazardous freight shall be required to sign DD Form 1907 when they assume responsibility for the shipment.

1.4. 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 him/her to the loading point. This requirement is also applicable to the trucking service for hazardous freight specified in paragraph 1.3.2. above.

1.5. 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):

1.5.1. 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.

1.5.2. 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.

1.5.3. Loaded 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 should be inspected by Quality Assurance Specialist (Ammunitions Surveillance) personnel 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 properly.

1.6. OPERATIONAL REQUIREMENTS.

1.6.1. When scheduled by the TO, the Contractor shall perform services at any time during any calendar day to meet the Government requirements. The Contractor is required to follow the operational definitions described below.

1.6.2. Ordering/Bill of Lading.

(a) When an order for services is placed with the Contractor, the TO will specify the number of JFRC 5-ton containers including types, nature of freight, the origin and destination points, reporting time and date, and nearest JFRC container handling stations at both ends. In addition, ferry schedule to/from Hokkaido for hazardous freight or dangerous freight 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 (the number of containers, 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 the 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 lost, rendered unusable, or destroyed after issued, the TO will issue a Certificate in Lieu of Lost Bill of Lading (USFJ Form 376EJ) 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 with 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 1.7.10 below.

(1) For general freight and dangerous freight (other than (4) below): 1200 hours on the working day preceding the day service is required.

(2) For hazardous freight without a GOJ transport certificate (other than (4) below): Two (2) working days prior to the day service is required.

(3) For hazardous freight with a GOJ transport certificate (other than (4) below): Four (4) working days prior to the day service is required.

(4) For hazardous freight and dangerous freight to/from Hokkaido: Ten (10) working days prior to the day service is required.

1.6.3. Repetitive Orders of Items in Distance Rate Table. Rates at Item A003AT and A003AV (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 Tables, upon written request of either the Contractor or the Government, the said service shall be incorporated into the Pricing Schedule as point-to-point route by way of a supplemental agreement to the contract.

1.6.4. Cost of Operation. Except those authorized by paragraph 1.6.8, Accessorial Service, all costs of operation that the Contractor incurs at their discretion, including, but not limited to, tolls, licenses, cost of over time, ferry charge, Sunday or Japanese Holiday work, or for operations during stormy or inclement weathers, shall be borne by the Contractor.

1.6.5. Government Installations – shall consist of U.S. Forces Japan (USFJ) installations and Japan Self Defense Forces (JSDF) facilities.

1.6.6. Stuffing and Unstuffing. Stuffing and unstuffing of JFRC 5-ton containers shall be performed 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.

(a) Freight Stuffing Point – a shipping point designated by the TO.

(b) Freight Unstuffing Point – a receiving point designated by the TO.

1.6.7. Free Time. The Contractor shall provide a one (1) hour and 30 minutes period as free time for stuffing or unstuffing of freight per JFRC 5-ton container at no cost to the Government. The free time shall commence at the time specified below.

(a) The truck laden with JFRC 5-ton container is placed by the Contractor at the freight stuffing point and notice thereof is given to the TO placing orders or his/her agent.

(b) The truck laden with JFRC 5-ton container arrives at the freight unstuffing point and notice thereof is given to the receiving TO or his/her agent.

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

(a) GOJ Transport Certificate Charge for Hazardous Freight (BAS). When the Contractor obtains the certificate specified in paragraph 1.2.3, the Contractor shall be entitled to the charge indicated in Item A003AC (and corresponding Items under Options) in the Pricing Schedule with the evidence to the TO.

In the event the requirement is cancelled and the said certificate is not used, the Contractor shall not be paid this charge in addition to cancellation charge for GOJ transport certificate under the provisions of paragraph 1.6.9.(b).

(b) Winter Charges for Handling Services (BL). When the Contractor performs handling services of JFRC 5-ton containers at stations (identified as Area “A” and Area “B”) located in Northern Honshu or Hokkaido during the winter period from 1 December through 31 March, an additional charge specified in Item A003AH or A003AJ (and corresponding Items under Options) in the Pricing Schedule is applied.

For identification of Area “A” and Area “B”, TO shall refer to the Contractor or Movements Management Branch, Transportation Division, Logistics Readiness Center (LRC) Honshu, 403rd Army Field Support Brigade (AFSB).

(c) Usage Charge for JFRC 5-ton Container (BAS). If stuffing or unstuffing cannot be completed within the allowable free time specified in paragraph 1.6.7, at the discretion of the TO, the container will be off-loaded from the truck and left at the Government installation, and the truck will be released. In this case, stuffing and unstuffing shall be completed within two (2) calendar days including date of the delivery. When the Government requires to keep the container for stuffing/unstuffing beyond the two (2) day time frame prescribed above, the Contractor will be paid usage charge at the rate specified in Item A003AD (and corresponding Items under Options) in the Pricing Schedule.

(d) Empty JFRC 5-ton Containers Delivery/Return Service (BAS). Due to time required for stuffing/unstuffing at the Government installation, in case delivery/return of empty containers is scheduled for the date which is before the shipping date or after the arrival date, the Contractor will be paid for delivery/return of empty containers from/to JFRC container handling station at the applicable distance rate specified in Item A003AU (and corresponding Items under Options) in the Pricing Schedule.

(e) Retention of Truck Laden with JFRC 5-ton Containers (BAS). When specifically scheduled by the TO, the Contractor shall leave a truck laden with container(s) in the designated Government installation for any length of period between 1645 and 0800 hours in conjunction with performance of transportation services under the contract. An additional charge is specified in Item A003AQ and A003AR (and corresponding Items under Options) in the Pricing Schedule.

(f) Demurrage of Truck Laden with JFRC 5-ton Containers (BAS). If through no fault of the Contractor, container(s) on the truck is not stuffed or unstuffed and truck is not released within the allowable free time as specified in paragraph 1.6.7, the Contractor shall be entitled to demurrage for detention of the truck by the Government beyond the free time at the rate indicated in Items A003AK and A003AL (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 submit a request for demurrage to the TO within thirty (30) calendar days following incurrence of the said charges. 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 the said request is due to circumstances beyond the Contractor’s control.

(g) Retention Charge for Stuffed JFRC 5-ton Container at JFRC Container Handling Station (BAS).

In the event the Government holds the stuffed container over 5 calendar days from the day container arrived at origin/destination container handling station, the Contractor shall be compensated at the rate specified in Item A003AE (and corresponding Items under Options) in the Pricing Schedule. This service shall not be available for Dangerous and Hazardous Freight.

(h) Truck/Ferry Charge for JFRC 5-ton Container Stuffed with Dangerous or Hazardous Freight to/from Hokkaido (BL). The Contractor shall be compensated at the rate specified in Item A003AF or A003AG (and corresponding Items under Options) in the Pricing Schedule in addition to distance rate table specified in Item A003AT and A003AV (and corresponding Items under Options) in the Pricing Schedule . In this case, the railway distance of 163 kilometers between JR Higashi-Aomori Rail Station and JR Goryokaku Rail Station shall be deducted from the total railway distance for payment purpose.

(i) Shipment for Non-Appropriated Funds Activity (BL). For services performed for the Non- Appropriated Funds, consumption tax is not exempted under the Status of Forces Agreement (SOFA).

The Contractor shall be compensated at the rate specified in Item A003AS (and corresponding Items under Options) in the Pricing Schedule. However, for shipment consisting of freight to be paid by combination of appropriated and non-appropriated funds, the instance increase shall not be applied.

Upon the Contractor's submission of the invoice, the payment office will verify and notify the Contractor of the amount to be invoiced for Non-Appropriated Funds, and the Contractor shall submit the invoice to the invoicing office specified at Addenda to SF 1449, For all other Non-Appropriated Fund and Non- Military Department Shipments.

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

(a) Cancellation charges specified in Item A003AM or A003AN (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 laden with JFRC 5-ton container(s) has been placed at the freight stuffing point. In case when the truck laden with JFRC 5-ton container(s) is held after the expiration of the free time, the Contractor shall not be paid the demurrage charge in addition to the cancellation charge.

(b) In the event the service is scheduled and the requirement is cancelled after the Contractor has obtained a GOJ transport certificate specified in paragraph 1.2.3, the Contractor shall be entitled to cancellation charge specified in Item A003AP (and corresponding Items under Options) in the Pricing Schedule with the 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 certificate.

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

(a) Commingled Freight Shipment. The higher freight rate in the Pricing Schedule shall apply to the JFRC 5-ton container stuffed with general/dangerous/hazardous freight.

(b) If more than one (1) increase percentage is 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 or winter charges for handling services listed in the contract, those charges shall be excluded from the amount to which any increase percentages are applied.

1.6.11. Table of Distances.

(a) Trackage Distance. (Non-toll roads)

(1) 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. The MTMB No. 2 establishes the kilometer distance between the main gates of loading/unloading Government installations and JFRC container handling stations.

(2) When the TO requests a distance(s) between points not provided in the MTMB No. 2, the Movements Management Branch, Transportation Division, LRC Honshu, 403rd AFSB will measure and release new distance(s) to the requesting TO and the Contractor for computation of transportation charges.

(b) Rail Distance between JFRC container handling stations is available on container train schedule issued by JFRC. TO will confirm an applicable distance with the Contractor or the Movements Management Branch for computation of transportation charges.

1.7. GENERAL INFORMATION.

1.7.1. 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).

1.7.2. Government Remedies. The Contracting Officer (KO) will 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.

1.7.3. Performance of Services during Crisis Declared by the National Command Authority or Overseas Combat Commander. Not required for this contract.

1.7.4. 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 certifying authority for the services performed by the Contractor. A current list of TOs will be provided to the Contractor at the pre-performance conference.

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

(a) 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.

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

Exemption Certifying Officer prior to commencing the service; the mailing address for submission is 252-8511 Kanagawa-ken, Zama-shi, Camp Zama, ATTN: ASKO-LRC-CZMT-M (Movements

Management Branch, Trans Division, LRC Honshu, 403rd AFSB) for verification and issuance of fuel tax exemption certificates under this contract.

(1) Fuel consumption ratios of trucks.

(2) Accurate lists of all trucks 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 to the Tax Exemption Certifying Officer not later than 365 calendar days after receipt of an original BL (see paragraph 1.6.2.(b) above).

(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 services as object of tax exemption only include official business for the Government.

Therefore, the Contractor shall disregard the deadhead services aimed at a third party.

(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.

1.7.6. 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/her own or his/her subcontractor’s employees under this contract. The Contractor shall return all applicable passes upon termination of employment or completion of this contract to the Installation Pass Office.

(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, or employees.

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

1.7.7. Ordinance Designated City – is a city of Japan that has a population greater than 500,000 and the classification is created by Article 252-19, paragraph 1 of the GOJ “Local Autonomy Law” (Law No.

67, 17 April 1947 with revisions thereto).

1.7.8. 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 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 circumstance.

1.7.9. Subcontracting. The Contractor shall not use subcontractors without prior written coordination with the KO. 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.

1.7.10. U.S. Legal Holidays. The U.S. legal holidays are specified below (see paragraph 1.6.2.(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

* Note: If a holiday falls on a Saturday, the preceding Friday is a holiday; if a holiday falls on a Sunday, the following Monday is a holiday.

1.7.11. 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.

1.7.12. Contractor Full-Time Equivalent Reporting.

The Contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site as identified in Appendix C. The Contractor is required to completely fill in all required data fields at http://www.ecmra.mil. Reporting inputs will be for the labor executed during the period of performance for each Government Fiscal Year (FY), which runs 1 October through 30 Sep. While inputs may be reported any time during the FY, all data shall be reported no later than 31 Oct of each calendar year. Questions regarding reporting may be directed to the CMRA help desk.

2. SERVICE SUMMARY.

Performance Objective

PWS

Paragraph Performance Threshold

Compliance with hazardous freight requirement

1.2.3 and 1.3.3 Customer complaints shall not exceed 1 per month

Compliance with Transportation Officer’s schedule

1.6.1 Customer complaints shall not exceed 3 per month

Proper stowage of freight 1.6.6 Customer complaints shall not exceed 3 per month

3. GOVERNMENT-FURNISHED SERVICES. None.

4. APPENDIX.

A. Contractor Full-Time Equivalent Reporting

APPENDIX A

Contractor Full-Time Equivalent Reporting

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields at http://www.ecmra.mil.

Reporting inputs will be for the labor executed during the period of performance for each Government fiscal year (FY), which runs 1 October through 30 September. While inputs may be reported any time during the FY, all data shall be reported no later than *See below, each calendar year. Contractors may direct questions to the CMRA help desk.

*Reporting Due Date and Period Date Reporting For: Remarks 31 October 2013 FY13 (1 October 2012 ~ 30 September 2013) Basic Period 31 October 2014 FY14 (1 October 2013 ~ 30 September 2014) If Option One is exercised.

31 October 2015 FY15 (1 October 2014 ~ 30 September 2015) If Option Two is exercised.

31 October 2016 FY16 (1 October 2015 ~ 30 September 2016) If Option Three is exercised.

31 October 2017 FY17 (1 October 2016 ~ 30 September 2017) If Option Four is exercised.

31 October 2018 FY18 (1 October 2017 ~ 30 September 2018) Same as above.

*Reporting Period: Contractors are required to input data by 31 October of each year.

Uses and Safeguarding of Information: Information from the secure web site is considered to be proprietary in nature when the contract number and contractor identity are associated with the direct labor hours and direct labor dollars. At no time will any data be released to the public with the contractor name and contract number associated with the data.

User Manuals: Data for Air Force service requirements must be input at the Air Force CMRA link.

However, user manuals for government personnel and contractors are available at the Army CMRA link at http://www.ecmra.mil.