05._Atch1_PWS.pdf

Attachment 1 to Solicitation No. FA520918Q0063

PERFORMANCE WORK STATEMENT (PWS)

FOR

CHARTERED BUS TRANSPORTATION SERVICES

AT

KYOGAMISAKI COMMUNICATIONS SITE (KCS)

4 JUNE 2018

1. DESCRIPTION OF SERVICES/GENERAL INFORMATION. The Contractor shall provide all equipment, tools, materials, and associated labor necessary to perform chartered bus services when, as and if scheduled by the Blanket Purchase Agreement (BPA) Caller at any time during any calendar day. The Contractor must be duly authorized to operate and perform services required in the Performance Work Statement (PWS) in accordance with the terms and conditions under this contract and applicable Government of Japan (GOJ) laws and trade practices.

The slash “/” means “and/or” throughout this contract.

1.1. AREA OF PERFORMANCE. The Contractor shall furnish buses to transport passengers between Kyogamisaki Communications Site (KCS), JGSDF Fukuchiyama Range, *New Green Leaf (NGL) Shimazu Apartment, **Royjent Parks Kyotango (RPK) Kurobe Apartment, and other various locations within mainland and Kyushu to meet the transportation requirements as specified below. The point-to-point routes are specified in the Pricing Schedule.

* New Green Leaf Shimazu Apartment, 2145 Shimazu, Aminocho, Kyotangoshi, Kyoto, 629-3121 ** Royjent Parks Kyotango Kurobe Apartment, 3095 Kurobe, Yasakacho, Kyotangoshi, Kyoto, 627-0142

(Estimated (Est.) travel distance between each installations in kilometers (km) and time in hours (hr.) and minutes (min) are listed below)

Between Boarding and/or Off-boarding Point EST (km / hr. min) Prefecture NGL Shimazu Apartment / RPK Kurobe Apartment 6km / 10min Kyoto Pref.

NGL Shimazu Apartment or RPK Kurobe Apartment / KCS 21km / 35min Kyoto Pref.

KCS / JGSDF Fukuchiyama Range 90km / 1hr 35min Kyoto Pref.

Total EST for throughout the above route 117km / 2hr 20min Kyoto Pref.

Other points for military operations and exercises Within the mainland and Kyushu

1.2. TYPE AND CAPACITY OF BUSES. Commercial type with minimum capacity of 20 passengers, excluding auxiliary seats/folding seats.

1.3. SAFETY. The Contractor shall furnish properly maintained buses and be responsible for the safety of the passengers on board.

1.4. OPERATIONAL REQUIREMENTS

1.4.1. OPERATIONAL DEFINITIONS. As used throughout this contract, the following terms shall have the meaning set forth below:

1.4.1.1. Boarding Point – A place designated as a point from which passengers will be on board the bus.

1.4.1.2. Off-boarding Point – A place designated as a point from which passengers will be unboard the bus.

1.4.1.3. Free time – A one (1) hour period from the time the bus is placed by the Contractor at the boarding or off-boarding point. Free time is applicable only for computing the Stand-by-charge set forth in PWS 1.4.5.1.

1.4.2. ORDERING. The Contractor shall perform the service as scheduled by the BPA Caller at any time during any calendar day. The BPA Caller will specify the Contractor the number of buses, the number of passengers in total, the date and time of performance, and the boarding and off-boarding point at the time of ordering. When the BPA caller places call for Point-to-Point routes, the items shall be ordered in combination of more than two items, or two of the same items under Exhibit Line Item Number (ELIN) A010 through A040. In case that one of the route is complete deadhead between from or to the destination and the Contractor’s bus pool, items under ELIN A040 shall be ordered. The Contractor shall set the bus(s) ready in place for passengers to be onboard by the time scheduled.

BPA Callers will be designated in writing by the Contracting Officer (KO).

1.4.2.1. Advance Notification. The Government will provide advance notification a minimum of 24 hours or a maximum of 168 hours regardless of the number of buses for each call. If the Contractor is unable to meet the requirement, the Contractor shall respond accordingly within 24 hours from receiving a call.

1.4.2.2. Emergency Services. The Contractor’s manager or a dispatcher(s) shall be available on-call for 24 hours for any changes to the schedule made by the BPA Caller. The Contractor shall provide the point of contact and phone number of a dispatcher(s) prior to performance of the contract. If such changes occur, the BPA Caller shall inform the KO immediately.

1.4.3. DELIVERY TICKETS. The Contractor shall provide delivery tickets or sales slips (See sample in Appendix A), which contains the following minimum information for each service. The Contractor shall obtain signature from the Government Representative (GR) upon completion of each service. The Contractor shall attach a copy of each certified delivery ticket to support its invoice:

(a) Name of Contractor

(b) BPA Number

(c) Date of Call

(d) Call Number

(e) Itemized list of services furnished

(f) Quantity, Unit Price, and Extension of each item

(g) Date of Performance

1.4.4. COSTS OF OPERATION. All cost of operation under this contract shall be borne by the Contractor, including but not limited to, licenses, weekends or holiday work, or for operations during stormy or inclement weather.

1.4.5. ADDITIONAL CHARGES AND ACCESSORIAL SERVICES

1.4.5.1. Stand-by Charge. If through no fault of the Contractor, passengers are not boarded and not dispatched or passengers are discharged and released after allowable free time as set forth at 1.4.1.3, the Contractor shall be entitled to stand-by charge for detention of the bus(s) by the Government beyond the free time at the rate indicated in the applicable item in the Pricing Schedule. In addition, Stand-by-Charge may be applied when the Contactor is specifically requested by the Government to stand-by at the designation point. Rates are to be used in association with Point-to-Point Routes only. ELIN A20B Stand-by charge with two (2) drivers and A20F Alternate Driver Charge: Hourly rate, shall not be used together on the same time frame. For the purpose of the payment hereunder, working time less than thirty (30) minutes shall be disregarded and fraction of actual working time over thirty (30) minutes up through one (1) hour shall be considered as one (1) hour. The Contractor shall submit a delivery ticket or a sales slip which cites the starting time and ending time of service performed and certified by the GR.

1.4.5.2. Midnight and Early Morning Charge. The Contractor may request for midnight and early morning charge specified in the applicable item in the Pricing Schedule, when the services are performed within the time frame between 2200 and 0500 hours. Applicable time shall be from the reporting time at allocation point through release time at destination point. For the purpose of the payment hereunder, working time less than thirty (30) minutes shall be disregarded and fraction of actual working time over thirty (30) minutes up through one (1) hour shall be considered as one (1) hour. The Contractor shall submit a delivery ticket or a sales slip which cites the starting time and ending time of service performed and certified by the GR.

1.4.5.3. Alternate Driver Charge. The Contractor shall be entitled to Kilometer and Hourly rates for alternate driver charge specified in the applicable item in the Pricing Schedule, when the BPA Caller requires the Contractor to arrange two (2) drivers for the following requirements to comply with applicable GOJ rules and regulations and in conjunction with safety of passengers mentioned in para 1.3 above except for items which already includes this charge for Point-to-Point routes:

(a) Revenue distance over 500 km;

(b) Revenue distance over 400 km between 0200 and 0400 hours;

(c) Driving time exceeding 9 hours; or

(d) Required by the BPA Caller when extensive driving hours are expected due to heavy traffic at the time of ordering the service.

ELIN A20B Stand-by charge with two (2) drivers and A20F Alternate Driver Charge: Hourly rate, shall not be used together on the same time frame. For the purpose of the payment hereunder, working time less than thirty (30) minutes shall be disregarded and fraction of actual working time over thirty (30) minutes up through one (1) hour shall be considered as one (1) hour, and fraction of actual working distances up through ten (10) kilometers shall be considered as ten (10) kilometers. The Contractor shall submit a delivery ticket or a sales slip which cites the starting time and ending time of service performed and certified by the GR.

1.4.5.4. Other Than Specific Points Listed: Kilometer and Hourly rates in the ELIN A20G and A20H are to be used for unforeseen requirements in-between any boarding/off-boarding points other than specific points listed in the Pricing Schedule, or due to emergency and delay under unforeseen circumstances for specific points listed in the Pricing Schedule occur. Expected time and distance for a requirement will be computed by both the Contractor and the BPA Caller, and the actual call will be placed as agreed upon by both parties. Calculation method will be based on the applicable chartered bus regulation and pricing system set by the Ministry of Land, Infrastructure, Transport and Tourism (MLIT), GOJ, and within the price range announced by the Kinki District Transport Bureau, MLIT.

The Caller shall consult with the Contracting Officer before reaching an agreement if any ambiguity exists. When repetitive services are required for a specific route 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 BPA Caller, will be paid separately from the rates in ELIN A20G and A20H upon the Contractor’s submission of the original receipt with a monthly invoice. For the purpose of the payment hereunder, working time less than thirty (30) minutes shall be disregarded and fraction of actual working time over thirty (30) minutes up through one (1) hour shall be considered as one (1) hour, and fraction of actual working distances up through ten (10) kilometers shall be considered as ten

(10) kilometers. The Contractor shall submit a delivery ticket or a sales slip which cites the starting time and ending time of service performed and certified by the GR.

1.4.5.5. Overnight Service Charge. The Contractor shall be entitled to an additional charge at the rate in ELIN A20J per driver, when and if requested by the Contractor and approved by the Caller. The rate is applicable in association with performance as set forth at 1.4.5.4., or due to emergency and delay under unforeseen circumstances for specific points listed in the Pricing Schedule occur. The rate includes, but are not limited to, lodging for driver(s) and its associated costs, when the service is rendered exceeding the daily working hours or driving hours for driver(s) and the driver(s) is required take a break. Maximum labor hours and driving hours for drivers are set by applicable chartered bus regulation and pricing system established by the MLIT and as announced by the Ministry of Health, Labor, and Welfare (MHLW) (http://www.mlit.go.jp/common/001157266.pdf).

1.4.5.6. Parking Lot Charge. The Contractor is required to use commercial pay parking lot(s) to perform services ordered when specified by the KO or BPA Caller,. The Contractor will be entitled to the actual amount for the hours after the required reporting time only. The Contractor shall submit original or a copy of the parking receipts with a monthly invoice.

1.4.5.7. Cancellation Charge. In the event the service is scheduled and the requirement is cancelled, the Government will be required to pay a cancellation charge in accordance with the applicable item in the Pricing Schedule. In the case when a bus(s) having arrived at the boarding point is held and cancelled after the expiration of the free time, the Contractor shall not be paid stand-by charge in addition to the cancellation charge.

1.4.5.8. Toll Charges. The Contractor is required to use toll road(s) to perform services ordered when directed by the KO or BPA Caller. Actual toll charges will be paid to the Contractor for the use as directed by the KO or BPA Caller as supported by toll road receipts. The Contractor shall submit original or a copy of the toll receipts with a monthly invoice.

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

1.5. GENERAL INFORMATION

1.5.1. QUALITY ASSURANCE. The Government will evaluate the Contractor’s performance by appointing a KO’s Representative (COR) to monitor performance to ensure services are received. The Government will evaluate all of the Contractor’s performance in accordance with the Quality Assurance Surveillance Plan (QASP).

1.5.2. GOVERNMENT REMEDIES. The KO will follow 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.

1.5.3. Reserved.

1.5.4. OBTAINING EXEMPTION FROM JAPANESE TAXES AND SUBMISSION OF VEHICLE

LISTING FOR TAX EXEMPTION CERTIFICATE.

1.5.4.1. 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.

1.5.4.2. Prior to performing the services, the Contractor shall submit fuel consumption ratios of bus to the KO, 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.

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

1.5.4.4. 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.

1.5.4.5. 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.

1.5.5. TABLE OF DISTANCES. HQ US Army Garrison, Japan-issued Military Traffic Management Bulletin (MTMB) No. 2 entitled “Official Table of Highway Distances, Japan” as revised, will be used for the purpose of ordering and computing charges for services rendered hereunder. It established the kilometer distance between the main gate of a boarding installation and that of an off-boarding installation.

1.5.6. 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 Japanese Pass Section, and a certificate of receipt shall be obtained.

1.5.7. PERSONNEL (Role and Responsibilities)

1.5.7.1. Blanket Purchase Agreement (BPA) Caller. The Caller(s) referred in this PWS is the individuals who place calls against the BPAs and to be designated by the Contracting Officer.

1.5.7.2. Contracting Officer’s Representative (COR): The COR is responsible for monitoring, assessing, recording and reporting on contractor compliance with the terms and conditions of the contract. The COR will maintain surveillance documentation, notify the Contracting Officer (KO) of any significant performance deficiencies.

1.5.7.3. Contract Manager (CM). The Contractor shall provide a CM who shall be responsible for the performance of the work performed under this PWS. The name of this individual and an alternate(s) who shall act for the Contractor when the CM is absent shall be designated in writing to the KO. The CM and 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.

1.5.7.4. The CM or alternate shall not perform any other services under this PWS without coordination through the BPA Caller. The CM shall report any problems that are encountered in any work locations to the KO.

1.5.7.5. 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 military security.

1.5.7.6. Other Country Nationals (OCN). The Security Forces on each base control entry to the base. Under certain circumstances, the OCN 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.

1.5.7.7. The Contractor shall not employ any person who is an employee of the US Government and/or Master Labor Contract employees if employing that person would create a conflict of interest or become in violation of the Procurement Integrity Act (See Federal Acquisition Regulation Section 3.104.). Additionally, the Contractor shall not employ any person who is an employee of the Department of the Air Force, either military or civilian, unless such person seeks and receives approval according to DOD 5500.7-R, the Joint Ethics Regulation (JER).

1.5.8. 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.

1.5.9. U.S. Legal Holidays. The U.S. legal holidays are specified below:

1st January New Year’s Day 3rd Monday of January Martin Luther King Jr.’s Birthday 3rd Monday of February Washington’s Birthday 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.

1.5.10. Reports of Damages, Destruction, Injury, or Death.

1.5.10.1. 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 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.

1.5.10.2. The Contractor shall submit these reports to the KO through the COR as follows:

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

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

1.5.11. 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.

2. SERVICES SUMMARY

Performance Objective PWS Paragraph Performance Threshold Method of Assessment

SS1: Provide services in compliance with schedules 1.4.2.1. Deficiencies shall not exceed

1 per month. Periodic Surveillance

SS2: Provide emergency services 1.4.2.2. Deficiencies shall not exceed 1 per month. Periodic Surveillance

3. GOVERNMENT FURNISHED PROPERTY AND SERVICES. None.

4. APPENDICES

A. Delivery Ticket (Sample) B. Actual Workload Data

APPENDIX A

SAMPLE DELIVERY TICKET（サンプル運行確認表）

NAME OF COMPANY (会社名):

CONTRACT NO (契約番号): FA5209-

OPERATION DATE (運行日): DISTANCE (距離):

BUS NUMBER (車番): Number of Passengers (乗車人数):

DRIVER (運転者): Alt DRIVER (交替運転手):

BUS SIZE (バスサイズ): LARGE(大型), MIDDLE (中型), SMALL (小型), MICRO (マイクロ)

FROM (Allocation) (配車場所):

Depart Bus Pool (出庫):

Report time (配車):

Departure Time (発車):

Via (経由地点)：

Arrival Time (到着):

Via (経由地点)：

TO (Destination) (目的地):

Release Time (終了):

Arrival Bus Pool (帰庫):

Authorized Signature (責任者サイン):

Remarks (備考):

APPENDIX B

ACTUAL WORKLOAD DATA

This data is for information purpose only

(The unit of issue for point-to-point route is “Each” as per one-way trip per bus)

Period Days Buses Standby (hr) Midnight (hr) Overnight (ea) Cancel (ea) Nov-16 1 4 12 0 0 0 Mar-17 1 4 12 0 0 0 May-17 1 4 12 0 0 0 Sep-17 3 14 42 0 0 0 Apr-18 3 12 36 0 0 0 Total 9 38 114 0 0 0

Between Fukuchiyama and KCS Point-to-Point Route Additional and Accesorial Services