5_17T0012_PWS_2016_11_08.pdf

Attachment 1 to Solicitation No. FA5209-17-T-0012

PERFORMANCE WORK STATEMENT (PWS)

FOR

TRANSPORT OF

INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO) CONTAINERS

AND GOVERNMENT-OWNED/CONTROLLED CONTAINERS

25 OCT 2016

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. 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 Government of Japan (GOJ) laws and trade practices. The slash “/” means “and/or” throughout this document.

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 freight, hazardous freight or sensitive freight as further defined below.

Note: Any empty containers shall be transported as general freight.

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. An additional charge for transporting of this freight is specified in Exhibit Line Item Number

(ELIN) A21A (and corresponding ELINs 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. 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 the certificate must be carried when the explosives are being transported. An additional charge for transportation of this freight is specified in ELIN A21B (and corresponding ELINs under Options) in the Pricing Schedule.

In addition, the Government shall provide special (safety) instructions including vehicle inspection to the

Contractor’s driver(s) prior to releasing the truck-tractor with a container(s) stuffed 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 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 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 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 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 and the items shall be transported as hazardous freight 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 freight which requires a high degree of protection while in transit as designated by the TO. An additional charge for transporting of this freight is specified in ELIN

A21C (and corresponding ELINs under Options) in the Pricing Schedule. It includes explosives which do not require the GOJ clearance under the GOJ Explosives Control Law (See paragraph 1.2.3 above).

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 containers 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 the entire time during brief stops.

(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 rides in the Contractor’s truck, the Contractor is not required to return him/her to the loading point. In the case of DDP, the Government must provide transportation for the alternate driver.

1.4. SAFETY REQUIREMENTS. The Contractor shall comply with the following requirements when transporting ammunition and explosives (AE) (Reference: C3.3 and C3.16, DOD 4145.26-M, dated 13 March

2008):

1.4.1. Standard Operational Procedure (SOP). The Contractor shall submit a SOP and the written procedures required at paragraph 1.4.2 below to the Contracting Officer for written approval within 10 working days from the award of the contract. At a minimum, the Contractor’s SOP shall address the following:

(a) The specific hazards associated with the process.

(b) Indicators for identifying abnormal process conditions.

(c) Emergency procedures.

(d) Specific equipment, tools, and expendable supplies permitted for use by the drivers.

(e) The location and sequence of job steps the operator is to follow in performing the work.

(f) Instructions for spill cleanup.

1.4.2. Written Procedures. The Contractor shall develop written procedures to ensure 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.

1.4.3. Pre-Loading Motor Vehicle Inspections. All motor vehicles used to transport AE shall be inspected daily by the Government 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.

1.4.4. Loaded Incoming Motor Vehicle Inspections.

(a) Vehicles loaded with AE shall be inspected by the Government 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 by the Government and the Contractor 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.

1.5. OPERATIONAL REQUIREMENTS.

1.5.1. 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.

1.5.2. Ordering/Bill of Lading. The order will be given orally and confirmed by means of a properly executed BL.

(a) When an order for services is placed with the Contractor, the TO will specify the loading and unloading points, reporting time and date at loading and unloading points, size and type of container, nature of freight, estimated weight/cubic including quantity, 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. Shipping documents (e.g., Transportation Control and Movement Documents (TCMD), DD Form 1384, Truck Manifests, Supporting Documents) provided by TOs will be authorization to transport the Government freight.

(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 the “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 within 15 calendar days after the shipment is completed and the Contractor submits the said shipping document.

(c) In the event the original BL is lost, rendered unusable, or destroyed after issued, a Certificate in

Lieu of Lost Bill of Lading (USFJ Form 376EJ) shall be used to document the shipment. Some Accessorial

Services charges will be documented by a properly executed Bill for Accessorial Services (BAS), USFJ Form

416EJ as identified at paragraph 1.5.11.

(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 means Monday through Friday excluding U.S.

legal holidays specified at paragraph 1.6.8 below.

(1) General freight, dangerous freight and sensitive freight (other than (3) below): Two (2) working days in advance by 02:00 PM.

Example: When the service is required on Monday, the order shall be placed by 02:00 PM on Thursday.

(2) Hazardous freight other than (3)(ii) below.

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

Commission: Three (3) working days in advance by 04:45 PM.

(ii) Inter-prefectural shipment under jurisdiction of more than one Prefectural Public Safety

Commission: Four (4) working days in advance by 04:45 PM.

(3) Freight to/from Hokkaido:

(i) General freight and sensitive freight other than (ii) below: Four (4) working days in advance by 04:45 PM.

(ii) Hazardous freight, dangerous freight and sensitive freight with explosives: Ten (10) working days in advance by 04:45 PM.

1.5.3. Repetitive Orders of Items in Distance Table. Rates at ELIN A21T (and corresponding ELINs 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, the said service shall be incorporated into the Pricing Schedule as a point-to-point route by way of a supplemental agreement to the contract.

1.5.4. Cost of Operation. Except those authorized by paragraph 1.5.11, Accessorial Services, all costs of operation that Contractor incurs at their discretion, including but not limited to, tolls, licenses, costs of overtime, Sunday or Japanese holiday work, ferry charges, or for operations during stormy or inclement weather, shall be borne by the Contractor.

1.5.5. Round Trip Requirement. The Contractor shall transport filled or empty containers 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 ELIN A21T (and corresponding ELINs Items under Options) in the Pricing Schedule.

However, once a container chassis is detached from a truck-tractor at loading/unloading points, a round trip does not apply under the contract.

1.5.6. Government Installations – shall consist of U.S. Forces Japan (USFJ) installations and Japan Self

Defense Forces (JSDF) facilities.

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

1.5.8. Freight Unloading Point – a 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 Government 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 placing orders or his/her agent.

(b) A twenty-four (24) hour period commencing from the time a container chassis is detached from truck-tractor and placed at a freight loading/unloading points and notice thereof is given to the TO placing orders or his/her agent. 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 demurrage charges, 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 is specified in ELIN A21M

(and corresponding ELINs 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 ELINs A21N and A21P (and corresponding ELINs 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 the 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 the said request is due to circumstances beyond the Contractor’s control.

(b) Loan of 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 ELIN A21K or A21L (and corresponding ELINS 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 ELIN A21T (and corresponding ELINs 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) 40ft 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.

Note: The toll road receipts shall be filed with the No.5 copy of the BAS 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 10:00 PM and 05:00 AM. An additional charge specified in

ELIN A21H (and corresponding ELINs under Options) in the Pricing Schedule shall be applied to this service.

However, this charge shall not apply to any container shipments exceeding 200 kilometers one-way/any container shipments with ferry services listed in the contract.

(e) Winter Periods/Charges (BL).

(1) Shipments to/from or within Tohoku/Hokuriku-Shin’etsu Area. An additional charge specified in ELIN A21D or A21E (and corresponding ELINs under Options) in the Pricing Schedule shall apply to any services performed during the period from 01 December through 31 March.

(2) Shipments to/from or within Hokkaido Area. An additional charge specified in ELIN A21F or A21G (and corresponding ELINs under Options) in the Pricing Schedule shall apply to any services performed during the period from 16 November through 15 April.

Note: Shipments between Tohoku/Hokuriku-Shin’etsu and Hokkaido Areas. An additional charge specified in ELIN A21G (and corresponding ELINs under Options) in the Pricing Schedule apply to any services performed during the period from 16 November through 15 April.

(f) Ferry Service (BL). Ferry routes and charges available for shipments to/from Hokkaido or Kyushu areas shall be specified in Table 2 at ELIN A21U (and corresponding ELINs under Options) in the Pricing

Schedule. 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.

(g) Shipment for Non-Appropriated Funds Activity (BL). When the shipment 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 ELIN A21J (and corresponding ELINs under

Options) in the Pricing Schedule. However, for shipments 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 in SF1449, block 18a, 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.”

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

(a) Cancellation charges specified in ELIN A21Q or A21R (and corresponding ELINs 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/freight loading point. In case the truck-tractor with container chassis is cancelled after being retained beyond the free time, the Contractor shall not be paid a 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 all clearances for transportation of hazardous freight from the Public Safety Commission(s) of the

GOJ, the Contractor shall be entitled to cancellation charge specified in ELIN A21S (and corresponding ELINs 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) If items loaded on a container are commingled with general/dangerous/ hazardous/sensitive freight, the charge shall be calculated based on the highest rate specified in the Pricing Schedule.

(b) If more than one (1) kind of increase percentage is applicable, adjustment of percentage shall be made prior to calculating transportation cost; e.g., if a 30% increase and 5% increase are applicable, the transportation cost will be calculated by increasing the price by 35%. However, when the shipment is accomplished with ferry services listed in the contract, ferry charges shall be excluded from the amount of transportation cost which any increase percentages are applied to.

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. The MTMB No.2 establishes the kilometer distance between the main gates of loading and unloading installations.

(b) When the TO requests a distance(s) between points not provided in the MTMB No. 2, the

Movements Management Branch, Transportation Division, Logistics Readiness Center Honshu (LRC

Honshu), 403D Army Field Support Brigade (AFSB), will measure and release new distance(s) to the requesting TO and the Contractor for computation of transportation charges.

1.5.15. Humanitarian Assistance and Disaster Relief (HADR). The scope of this contract includes services to respond to requirements in a contingency environment including humanitarian assistance and disaster relief.

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) will follow FAR 52.212-4, Contract Terms and

Conditions-Commercial Items to correct non-conforming performances and receive a satisfactory level of service from the Contractor.

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

1.6.4. 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) 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:

ASKO-LCZ-TRM (Movements Management Branch, Transportation Division, LRC Honshu, 403D AFSB) for verification and issuance of fuel tax exemption certificates.

(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 to the Tax

Exemption Certifying Officer not later than 365 calendar days after receipt of an original BL (see paragraph

1.5.2.(b)).

(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 as 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.

1.6.5. Security Safety Requirements.

(a) Installation Base Passes. For access to U.S. Installations, the U.S. Government will issue all required Gate Passes/Vehicle Passes to Contractor personnel at no cost to the Contractor. To obtain passes, the

Contractor is required to submit documents IAW each installation instruction. 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.

(1) Gate Passes. In order to obtain Gate Passes, the Contractor may be required to (i) submit certificates of residence, abstracts of family registers and an ID photo, in addition to application forms which could vary depending on each installation, and (ii) make appointments at the Installation Pass Offices to take

ID photos and pick up issued passes. The Contractor is responsible for the expenses and costs that they would incur in order to obtain Gate Passes.

(2) Vehicle Passes. In order to obtain Vehicle Passes, the Contractor shall submit the proof of valid liability insurance that must cover the automobile liability insurance in the types and minimum amounts of (i) Bodily Injury - ¥30,000,000 per person per occurrence, in addition to the Japanese Compulsory Insurance

(JCI), and (ii) Property Damage - ¥3,000,000 per occurrence.

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

(1) The Contractor shall report all incidents of damage or destruction to property, 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.

1.6.6. Contractor’s Personnel.

(a) Contract Manager (CM). The Contractor shall appoint 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. The CM and alternate shall be individuals who have good knowledge of English language communication skills.

(b) The CM or alternate shall not perform any other services under this PWS without coordination through the KO. 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 to perform the Government requirements under the contract. The KO may require that the Contractor remove from the Government job any of his/her employees who endanger persons/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.

1.6.7. Subcontracting. 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.

1.6.8. 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

* 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.

1.6.9. 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/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/damaged in the movement covered by this contract.

2. SERVICES SUMMARY (SS).

Performance Objective

PWS

Paragraph Performance Threshold Method of Assessment

SS 1: Providing appropriate transportation services for sensitive or hazardous freight movement.

1.2.5 Customer complaints shall not

exceed 1 per month Customer Complaints

SS 2: Furnishing proper equipment as ordered.

1.2.6 and 1.4.2

Customer complaints shall not exceed 3 per month Customer Complaints

SS 3: Compliance with

Transportation Officer’s schedule.

1.5.1

Customer complaints shall not exceed 3 per month Customer Complaints

3. GOVERNMENT-FURNISHED PROPERTIES/SERVICES. None.

4. APPENDICES.

A: AREA DEFINITION IAW GOJ TARIFF

B: HISTORICAL WORKLOAD DATA

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.

APPENDIX B

HISTORICAL WORKLOAD DATA

x 010 Between Yokohama North Dock and Honmoku Futo or Minami-Honmoku Futo

(10 km/13 km)

Sep 15 Oct 15 Nov 15 Dec 15 Jan 16 Feb 16 Mar 16 Apr 16 May 16 Jun 16 Jul 16 Aug 16 x 01A 20' container 0 0 0 0 0 0 0 0 0 1 0 0 x 01B 40' container 0 0 0 0 0 0 0 0 0 0 0 0 x 020 Between Yokohama North Dock and US Fleet Activities, Yokosuka

(29 km)

Sep 15 Oct 15 Nov 15 Dec 15 Jan 16 Feb 16 Mar 16 Apr 16 May 16 Jun 16 Jul 16 Aug 16 x 02A 20' container 0 0 0 0 0 0 0 0 0 0 0 0 x 02B 40' container 0 0 0 0 0 0 0 0 0 0 0 0 x 030 Between Sagami General Depot and Yokohama North Dock or Honmoku Futo or Minami-Honmoku Futo

(32 km/35 km/38 km)

Sep 15 Oct 15 Nov 15 Dec 15 Jan 16 Feb 16 Mar 16 Apr 16 May 16 Jun 16 Jul 16 Aug 16 x 03A 20' container 0 0 2 0 0 0 3 15 2 1 0 1 x 03B 40' container 0 0 0 0 0 0 0 0 0 0 0 0 x 040 Between Sagami General Depot and Yokota Air Base

(24 km)

Sep 15 Oct 15 Nov 15 Dec 15 Jan 16 Feb 16 Mar 16 Apr 16 May 16 Jun 16 Jul 16 Aug 16 x 04A 20' container 0 0 22 0 0 0 0 0 0 0 0 0 x 04B 40' container 0 0 0 0 0 0 0 0 0 0 0 0

Total

Total

Total

Total x 050 Between Sagami General Depot and US Fleet Activities, Yokosuka

(52 km)

Sep 15 Oct 15 Nov 15 Dec 15 Jan 16 Feb 16 Mar 16 Apr 16 May 16 Jun 16 Jul 16 Aug 16 x 05A 20' container 0 0 0 0 0 0 0 0 0 0 0 0 x 05B 40' container 0 0 0 0 0 0 0 0 0 0 0 0 x 060 Between Misawa Air Base and Honmoku Futo or Minami-Honmoku Futo

(722 km/725 km)

Sep 15 Oct 15 Nov 15 Dec 15 Jan 16 Feb 16 Mar 16 Apr 16 May 16 Jun 16 Jul 16 Aug 16 x 06A 20' container 1 0 0 0 0 0 0 0 0 0 0 0 x 06B 40' container 0 0 0 0 0 0 0 0 0 0 0 0 x 070 Between Yokohama North Dock or US Fleet Activities, Yokosuka and USMC Air Station, Iwakuni

(923k m/921 km)

Sep 15 Oct 15 Nov 15 Dec 15 Jan 16 Feb 16 Mar 16 Apr 16 May 16 Jun 16 Jul 16 Aug 16 x 07A 20' container 0 0 0 0 0 0 0 0 0 0 0 0 x 07B 40' container 0 0 0 0 0 0 0 0 0 0 0 0 x 080 Between Yokohama North Dock or Honmoku Futo or Minami-Honmoku Futo and USA Japan, Kyogamisaki Communications Site

(647 km/650 km/653 km)

Sep 15 Oct 15 Nov 15 Dec 15 Jan 16 Feb 16 Mar 16 Apr 16 May 16 Jun 16 Jul 16 Aug 16 x 08A 20' container 3 11 1 3 0 0 0 0 0 0 0 0 x 08B 40' container 0 0 0 0 0 0 0 0 0 0 0 0

Total

Total

Total

Total x 090 Between 10th RSG Ammunition Depot, Kawakami Depot and 10th RSG Ammunition Depot, Hiro Depot

(37 km)

Sep 15 Oct 15 Nov 15 Dec 15 Jan 16 Feb 16 Mar 16 Apr 16 May 16 Jun 16 Jul 16 Aug 16 x 09A 20' container 0 0 1 0 0 0 0 0 0 0 0 0 x 09B 20' container stuffed with sensitive freight 0 0 0 0 0 0 0 0 0 0 1 9 x 09C 20' container stuffed with hazardous freight 0 0 96 95 0 0 0 0 0 0 33 68 x 100 Between USMC Air Station, Iwakuni and Fukuoka Island City (including Kashii Park Port)

(236 km)

Sep 15 Oct 15 Nov 15 Dec 15 Jan 16 Feb 16 Mar 16 Apr 16 May 16 Jun 16 Jul 16 Aug 16 x 10A 20' container 2 0 2 0 0 0 0 0 0 0 0 0 x 10B 40' container 0 0 0 0 0 0 0 0 0 0 0 0 x 110 Between USMC Air Station, Iwakuni and Rokko Island

(372 km)

Sep 15 Oct 15 Nov 15 Dec 15 Jan 16 Feb 16 Mar 16 Apr 16 May 16 Jun 16 Jul 16 Aug 16 x 11A 20' container 0 0 2 0 0 0 0 0 0 0 0 0 x 11B 40' container 0 0 0 0 0 0 0 0 0 0 0 0 x 120 Between US Fleet Activities, Sasebo or NAVSUP Fleet Logistics Center Yokosuka, Sasebo Detachment, Akasaki Fuel Terminal and Fukuoka Island City (including Kashii Park Port)

(123 km/127 km)

Sep 15 Oct 15 Nov 15 Dec 15 Jan 16 Feb 16 Mar 16 Apr 16 May 16 Jun 16 Jul 16 Aug 16 x 12A 20' container 0 0 0 0 0 0 0 0 0 0 0 0 x 12B 40' container 0 0 0 0 0 0 0 0 0 0 0 0 x 130 thru x200 Reserved.

Total

Total

Total

Total x 210 Accessorial Services, Cancellation Charges and Table Items:

Sep 15 Oct 15 Nov 15 Dec 15 Jan 16 Feb 16 Mar 16 Apr 16 May 16 Jun 16 Jul 16 Aug 16 x 21A 0 0 0 0 0 0 0 0 0 2 0 0 x 21B 4 0 0 0 0 0 0 0 0 0 0 0 x 21C 4 0 0 0 0 0 0 0 0 0 0 0 x 21D

0 0 0 0 0 0 0 0 0 0 0 0 x 21E

0 0 0 0 0 0 0 0 0 0 0 0 x 21F 0 0 0 0 0 0 0 0 0 0 0 0 x 21G 0 0 0 0 0 0 0 0 0 0 0 0 x 21H 0 0 0 0 0 0 0 0 0 0 0 0 x 21J 0 0 0 0 0 0 0 0 0 0 0 0 x 21K 0 0 0 0 0 0 0 0 0 0 0 0 x 21L 0 0 0 12 0 0 0 0 2 0 0 0 x 21M 0 0 22 11 0 0 0 0 0 0 0 0 x 21N 0 0 0 0 0 0 0 0 0 2 0 0 x 21P 0 0 0 0 0 0 0 0 0 0 0 0 x 21Q 0 0 0 0 0 0 0 0 0 0 0 0 x 21R 0 0 0 0 0 0 0 0 0 0 0 0 x 21S 0 0 0 0 0 0 0 0 0 0 0 0 x 21T

51 11 16 15 0 0 0 0 4 5 0 29 x 21U 0 0 0 0 0 0 0 0 0 0 0 0 x 21V 18 1 8 16 0 0 0 0 0 0 0 0 43Use of Toll Road

Cancellation charge for transportation of hazardous freight

Total

Transporting a container loaded with dangerous freight

Transporting a container loaded with hazardous freight

Transporting a container to/from

Tohoku/Hokuriku-Shin'etsu Area during the winter period

Transporting a container loaded with sensitive freight

Transporting a container within

Tohoku/Hokuriku-Shin'etsu Area during the winter period

Transporting a container to/from Hokkaido

Area during the winter period

Transporting a container within Hokkaido

Area during the winter period

Midnight and Early Morning Charge 0

Demurrage charge for 20' container chassis 2

Demurrage charge for 40' container chassis 0

For shipment of freight to be paid by non-appropriate funds

Loan of 20' container chassis 0

Loan of 40' container chassis 14

One-way or Round Trip Ferry Charge

Distance Rate Table for transportation services NOT specified in ELINS x010 through x120

Cancellation charge for truck-tractor with

20' container chassis

Cancellation charge for truck-tractor with

40' container chassis

Demurrage charge for each truck-tractor 33