4.__Attachment_1_(PWS).pdf

RFQ No. FA5209-14-T-0240

Attachment 1

PERFORMANCE-BASED WORK STATEMENT

TO PROVIDE

SHUTTLE SERVICES

IN SUPPORT OF

KYOGAMISAKI COMMUNICATION SITE,

KYOTO, JAPAN

2 SEP 2014

PWS – MDA Shuttle Service

Table of Contents

SECTION 1 Description of Services/General Information Page 3

SECTION 2 Service Summary Page 10

SECTION 3 Government Furnished Property and/or Services Page 11

SECTION 4 Appendices Page 11

SECTION 1

DESCRIPTION OF SERVICES/GENERAL INFORMATION

1. DESCRIPTION OF SERVICES. The contractor shall provide all necessary personnel, supervision, management, tools, equipment, materials, maintenance and any other items or services necessary to provide shuttle services in support of Kyogamisaki Communication Site

(KCS), Kyotango City, Kyoto, Japan. The contractor shall perform the work in accordance with this Performance-based Work Statement (PWS), local and commercial standards, Japanese ordinances, and Japanese laws. These services shall be performed at the same levels as in the commercial marketplace to the maximum extent possible.

1.1. SHUTTLE SERVICES.

1.1.1. Type of Bus. The contractor shall furnish transportation with a minimum capacity of 40 passengers; excluding auxiliary seats/folding seats. The contractor is responsible for all fuel and maintenance of the bus.

1.1.2. The bus driver(s) shall pick up/deliver U.S. government passengers by driving a continuous loop among the below-listed pick-up/delivery points from 0600 to 2400 hours, Monday through Saturday.

PICK-UP/DELIVERY

POINTS

ADDRESS

A. Centrale Hotel Kyotango 105-15 Misaka, Omiya-cho, Kyotango-shi, Kyoto

B. Hotel Tsukasa Mineyama 1797 Shin-machi Mineyama-cho Kyotango-shi Kyoto

C. City Hotel 1654 Shin-machi Mineyama-cho Kyotango-shi, Kyoto

D. Plaza Hotel Kisshouen 943 Sugitani, Mineyama-cho, Kyotango-shi, Ktoyo

E. (US Army) Kyogamisaki

Communication Site

Sodeshi, Kyotango-cho, Kyotago-shi, Kyoto

1.1.3. Shuttle Service Schedule. The contractor is responsible for establishing the most practicable travelling route and timetable to pick-up/deliver the passengers among the specified points above in accordance with the local and commercial standards, Japanese ordinances, and

Japanese laws. The contractor shall submit the shuttle service schedule to the Contracting

Officer’s Representative (COR) in accordance with para. 1.2.1.

1.1.4. The contractor shall be responsible for the safety of the passengers on board.

1.1.5. The contractor shall provide all non-consumable and consumable supplies needed to perform all aspects of this contract.

1.2. SUBMITTALS.

1.2.1. Shuttle Service Schedule. The contractor shall submit a shuttle service schedule in

English to the COR for his/her approval within 10 calendar days after receipt of contract. As a minimum, the schedule shall include the traveling route, timetable, a map of pick-up/delivery area of each specified point, and point of contact (POC) information in case of emergency. The contractor shall not deviate from the approved schedule without obtaining prior approval by the

COR.

1.2.2. The contractor shall provide a complete roster of all drivers with the copies of their licenses required at para. 1.3.2. to the COR within 10 calendar days after receipt of contract. The roster must include name, address, and telephone number of the driver. The contractor shall maintain a current listing of drivers, providing updates as changes occur.

1.2.3. Driver’s Log. The contractor shall submit a copy of driver’s log to the COR to obtain his/her acknowledgement of service no later than the 5 th day of following month. The log should include the following minimum information.

(a) Name of Contractor

(b) Contract Number

(c) Date of Service

(d) Name of Driver

(e) Departure Time and Arrival Time of one (1) loop of travel

1.3. QUALIFICATION.

1.3.1. The contractor or subcontractor shall be registered as “General Passenger Vehicle

Transportation Business (一般貸切旅客自動車運送事業 / Ippan Kashikiri Ryokaku Jidosha

Unso Jigyou)” to perform the required work. A copy of the business permission must be submitted to the Contracting Officer (KO) prior to contract award.

1.3.2. The contractor shall provide drivers who possess “Large Vehicle Class II Driver’s

License (大型自動車第二種免許/Oogata Jidosha Dai Nishu Menkyo)” to perform the required work. The driver must be able to have a simple conversation with passengers in English. If this is not available, the contractor shall provide the English-speaking remote assistance during the specified operation hours.

1.4. GENERAL INFORMATION.

1.4.1. CONTRACTING OFFICER (KO) AUTHORITY. Only the KO has authority to enter into, administer, terminate or modify the terms and conditions herein. Any changes made by persons other than the KO will be considered an Unauthorized Commitment and subject to

Ratification Actions in accordance with the Federal Acquisition Regulation part 1.602-3.

PWS – MDA Shuttle Service

1.4.2. CONTRACING OFFICERS REPRESENTATIVE (COR). The contractor shall coordinate all aspects of this project with the COR. Completed work shall be subject to inspection and acceptance by the COR. This designation will be made in writing by the KO at the time of contract award, or prior to commencement of the COR duty. The COR shall NOT direct or redirect any contractor action(s). This can only be done by the KO.

1.4.3. QUALITY CONTROL. The contractor shall develop and maintain a quality control program to ensure the services are performed in accordance with commonly accepted commercial practices. The contractor shall develop and implement procedures to identify, prevent and ensure non-recurrence of defective services. At a minimum, the contractor shall develop quality control procedures addressing the areas identified in paragraph 2, Services

Summary.

1.4.4. QUALITY ASSURANCE. The Government will evaluate the contractor’s performance in accordance with the Quality Assurance Surveillance Plan (QASP) by appointing a COR to monitor performance to ensure services are received.

1.4.5. GOVERNMENT REMEDIES. The KO will follow Federal Acquisition Regulation

(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.

1.4.6. CONTRACTOR PERSONNEL

1.4.6.1. CONTRACT MANAGER. The contractor shall provide a contract manager who shall be responsible for the work. The name of this person and an alternate(s) who shall act for the contractor when the manager is absent, shall be designated in writing to the KO. The contract manager or alternate shall have full authority to act for the contractor on all matters relating to this contract.

1.4.6.1.1. The contract manager or alternate shall have a good understanding of the requirements pertaining to this contract for interpretation and implementation of directives (written and oral), issued in English by the KO or COR. If the contractor manager or alternate do not meet these requirements, the contractor shall provide a translator for them.

1.4.6.2. EMERGENCY POINT(s) OF CONTACT. The contractor shall provide a point of contact sheet listing available twenty-four (24) hours a day with names and telephone numbers of individuals to call in the event emergency service is required for any aspect of this contract. The contractor shall respond to all emergency calls within twelve (12) hours from the time the call is placed.

1.4.6.3. CONTRACTOR EMPLOYEES. The 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.

PWS – MDA Shuttle Service

1.4.6.4. REMOVAL OF CONTRACTOR’S EMPLOYEES. 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 the U.S. Government.

1.4.6.5. 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.

1.4.6.6. U.S. GOVERNMENT OR JAPANESE NATIONAL EMPLOYEES. The contractor shall not hire employees of the U. S. Government and/or Government of Japan (GOJ) Master

Labor Contractor (MLC) employees if employing such persons would create a conflict of interest, or appearance of a conflict of interest as determined by the contractor. The contractor shall not employ any person who is an employee of the Department of the Army, either military or civilian, unless such person seeks and receives approval in accordance with DoD 5500.7-R, Joint Ethics Regulation.

1.4.6.7. 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.

1.4.7. 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 certificate 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 COR, unless otherwise specified by the COR or KO, within 24 hours and a certificate of receipt shall be obtained. All other government identification for terminated employees shall be returned to the KO within 24 hours of termination.

NOTE: The contractor personnel are required to comply with U.S. Army Regulation 190-5 for personnel pass requirements. The contractors are also required to comply with U.S. Army

Garrison Japan Regulation 190-13 for vehicle pass requirements. These regulations are available for the selected contractor’s review upon personnel and/or vehicle pass issuance.

1.4.8. INSTALLATION SAFETY/FIRE REGULATIONS. The contractor is responsible for job site safety and fire prevention. Standard base procedures will be provided by the COR at the job site.

1.4.9. LIABILITIES. 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.”

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

(a) 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 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.

(b) The contractor shall submit these reports to the KO through the COR as follows:

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

(2) A complete written report shall be submitted within 96 hours after occurrence of the incident. A copy of this report shall be furnished to the COR.

1.4.11. DISPOSAL OF MATERIALS. All debris generated from the work shall be removed from the job site and disposed by the contractor in accordance with the laws of Japan.

1.4.12. RESPONSIBILITY FOR DAMAGES. Any damages caused to U.S. Government property during the course of performing this contract shall be restored, replaced and/or repaired to its original condition at no additional cost to the U.S. Government.

1.4.13. AVAILABILITY OF FACILITIES. Normal duty hours are 0700 to 1700; however, the facilities will be made available to the contractor 24 hours a day, seven (7) days a week to include any U.S. and Japanese holidays. The contractor shall coordinate with the COR, if access to the facilities outside of the normal duty hours stated above is required.

1.4.14. PERFORMANCE OF SERVICES DURING CRISIS DECLARED BY

SECRETARY OF DEFENSE OR THE OVERSEES COMBATANT COMMANDER.

Services under this contract are not required during a crisis; therefore, no costs shall be paid by the Government to the contractor after notification has been made. The KO or the COR will notify the contractor, by any means of communication, of a crisis. The contractor shall stop all work immediately after notification. The contractor will be paid for all work performed prior to the notification IAW the contract terms and conditions and this PWS.

1.4.15. CONTRACTOR MANPOWER REPORTING (CMR). The office of the Assistant

Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including

PWS – MDA Shuttle Service subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address:

https://cmra.army.mil/. The required information includes:

(a) Contracting Office, Contracting Officer, Contracting Officer’s Technical

Representative

(b) Contract number, including task and delivery order number

(c) Beginning and ending dates covered by reporting period

(d) Contractor number, address, phone number, e-mail address, identity of contractor employee entering data

(e) Estimated direct labor hours (including subcontractors)

(f) Estimated direct labor dollars paid this reporting period (including subcontractors)

(g) Total payments (including subcontractors)

(h) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each subcontractor if different)

(i) Estimated data collection cost

(j) Organizational title associated with the Unit Identification Code (UIC) for the

Army Requiring Agency (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information)

(k) Locations where contractor and subcontractors perform the work (specified by zip code in the United States and nearest city, county, when in an overseas location, using standardized nomenclature provided on website)

(l) Presence of deployment or contingency contract language

(m) Number of contractor and subcontractor employees deployed in theater this reporting period (by country)

As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year. The contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor’s systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site.

1.4.16. CONSERVATION OF UTILITIES. The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that prevent waste of utilities.

1.4.17. SIGNS. The contractor shall provide the necessary signs in both English and Japanese and post them as appropriate or required.

1.4.18. OBTAINING EXEMPTION FROM JAPANESE TAXES AND SUBMISSION OF

VEHICLE LISTING FOR TAX EXEMPTION CERTIFICATE.

https://cmra.army.mil/

PWS – MDA Shuttle Service

1.4.18.1. USFJ Policy Letter 177-1 (Obtaining Exemption from Japanese Taxes) outlines the 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 US and Japan.

1.4.18.2. Prior to performing the services, the Contractor shall submit fuel consumption ratios of bus to the Contracting Officer, 374th Contracting Squadron, Yokota Air Base, Fussa-shi, Tokyo-to for verification, and an accurate listing of all buses to be used under this contract together with the vehicle inspection certificates, and location(s)/distances between the Contractor’s Motor

Pool(s) and USFJ installations, to the Tax Exemption Certifying Officer for issuance of fuel tax exemption certificate under this contract. The revenue distance to be certified will be verified by the Government upon Contractor’s submission of requests for the Fuel Tax Exemption.

1.4.18.3. Mailing address of the Tax Exemption Certifying Officer is 197-0001 Tokyo-to, Fussa-shi, Yokota Air Base, Bldg 620, 374 CONS/LGCA.

1.4.18.4. The Contractor shall also submit a certification statement to the Tax Exemption

Certifying Officer for claiming deadhead distances for each ordered service during performance period. The wording for the certification statement will be provided to the Contractor by the Tax

Exemption Certifying Officer.

1.4.18.5. 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.

SECTION 2

SERVICE DELIVERY SUMMARY

2. SERVICE DELIVERY 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.

SS Number and

Performance Objective

PWS

Paragraph

Performance Threshold

SS# 1.

Provide services in compliance with approved shuttle service schedule

Para. 1.2.1. One (1) defect is allowed per month

SECTION 3

GOVERNMENT FURNISHED PROPERTY AND/OR SERVICES

3. GOVERNMENT FURNISHED PROPERTY AND / OR SERVICES.

3.1. GOVERNMENT FURNISHED FACILITIES, EQUIPMENT AND MATERIALS.

3.1.1. Government Furnished Facilities. None

3.1.2. Government Furnished Tools and Equipment. None

3.1.3. Government Furnished Materials (GFM). None

3.2. OTHER GOVERNMENT-FURNISHED ITEMS.

3.2.1. Utilities. Not Available.

3.2.2. Security Forces and Fire Protection. Upon request for emergency assistance, the following units will provide services on the installations as necessary:

Emergency Telephone for Fire, Ambulance, and the Military Police: Contact the COR

The contract manager shall immediately report the details to the COR. The detailed reporting requirements are specified in paragraph 1.4.9. above.

3.2.3. Medical Emergencies. In the event of a medical emergency, accident, or injury involving contractor personnel during performance of duties under this contract, services will be rendered in order to save life, limb or to stabilize for transportation to a local medical treatment facility. The contractor shall reimburse the Government for the emergency medical services.

The contractor shall submit the report in accordance with paragraph 1.4.9. above.

SECTION 4 – APPENDICES

RESERVED