AMD0002_PWS_replacemet_page.pdf

Attachment 1 to FA5209-16-T-1011 Amendment 0002

1.8.3. Cancellation of Requirement

(a) Vehicles (Lowboys and Trucks)

(1) For lowboys and trucks, in the event the service is scheduled and the requirement is cancelled, rescheduled or postponed, within 24 hours to the designated reporting time, the Government will be required to pay a cancellation charge in accordance with the applicable item in the Pricing Schedule, ELINs A21R through A21W, (and corresponding items for options) and as specified at paragraph (2) below.

Cancellation charge shall be calculated applying cancellation ratio to the unit price after toll charges specified at the Pricing Schedule, Table 3 are deducted as specified at para 1.8.5.(a) below. In the case when a vehicle(s) having arrived at the loading point is held and cancelled after the expiration of the free time, the Contractor shall not be paid demurrage charge in addition to the cancellation charge.

(2) In the event services are scheduled and the requirement is cancelled after the Contractor has obtained all clearance for transportation of hazardous freight from the Public Safety Commission(s) of GOJ, the Contractor shall be entitled to clearance charge of transportation of hazardous freight at the rate specified in the Pricing Schedule, ELIN A21X (and corresponding items for options) by submitting evidence of such clearance to the Government. This is in addition to cancellation charge. This “hazardous freight” cancellation charge is in addition to the cancellation charge payable under the provisions of paragraph (a) above. However, this cancellation charge shall not accrue when the shipment is rescheduled or postponed due to military necessity within the allowable period of the clearance certificate.

(b) Forklift and Crane Services. In the event the service is scheduled and the requirement is cancelled, rescheduled or postponed, within 24 hours to the designated reporting time, the Government will pay a cancellation charge in accordance with the applicable item in the Pricing Schedule, ELIN A22G through A22M (and corresponding items for options).

(c) Subtracting Toll Charges. Cancellation charges for trucks will be applied to the amount of unit price after subtracting applicable Toll Charges in ELIN A21Y, Table 3, (and corresponding items for options) from the unit price.

1.8.4. Table Distance Rates. Rates at Table 1 and Table 2 (ELINs A21A and A21B, and corresponding items for options) in the Pricing Schedule are to be used for unforeseen requirements in-between any loading and unloading points other than specific points listed in the Pricing Schedule and the Area of Performance. When repetitive orders are required for a specific service under the rates, 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. Toll charges, when specifically ordered by the Ordering Officer to use toll roads (para PWS 1.8.5.(c)), will be paid separately from this table upon the Contractor’s submission of the original receipt to support a monthly invoice.

1.8.5. Toll charges.

(a) The Toll Charges cited in ELIN A21Y, Table 3, (and corresponding items for options) will be used for the purpose to calculate cancellation charges as cited at 1.8.3.(a). If the above toll charge is changed in accordance with the decree of the Ministry of Land, Infrastructure, Transport and Tourism, Government of Japan during the contract period, the Contractor shall notify the Contracting Officer, in writing, of the change. If unanticipated changes in the conditions of toll charges occur as a result of the changes in the applicable Japanese law, upon written request of either the Contractor or the Government, adjustments based on the new toll charges shall be made to the unit prices for point-to-point routes ELIN A080 through A120, (and corresponding items for options) and the rates at ELIN A21Y, Table 3, (and corresponding items for options) by way of a supplement agreement to the contract.

(b) The Contractor is required to use toll road(s) to perform services ordered by using rates at ELIN A21Y, Table 3 (and corresponding items for options), when directed by the Contracting Officer or Ordering Officer.

Actual toll charges will be paid to the Contractor for the use as directed by the Contracting Officer or Ordering

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