4_PWS_Tactical_20191004_Final.pdf

Attachment 1 to Solicitation No. FA520920Q0008

PERFORMANCE WORK STATEMENT (PWS)

FOR

TRANSPORTATION OF TACTICAL VEHICLES

AND OTHER FREIGHT

FOR

CAMP FUJI

04 Oct 2019

The attached Performance Work Statement is being provided in accordance with 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 SERVICES/GENERAL INFORMATION. The Contractor shall transport general, dangerous, hazardous, sensitive, and oversized freight by Contractor’s vehicles and provide loading/unloading services by providing forklifts and/or truck-mounted cranes with operators as ordered by the designated Ordering Officer(s) of U.S. Marine Corps (USMC) in accordance with the terms and conditions of this contract and applicable Japanese laws and trade practices, as well as by compliance with Department of Defense requirements for safe transportation of ammunition and explosives. The service to be provided under the contract is solely to support the training mission of the USMC Combined Arms Training Center (CATC) Camp Fuji in support of USMC exercises and operations.

1.1. AREA OF PERFORMANCE. The areas of performance shall include routes between Camp Fuji in Chubu Area and any installations throughout the Honshu and Kyushu to meet transportation requirements as specified below. The point-to-point routes are specified in the Pricing Schedule.

1.2. FREIGHT. Movable property that the Government requires to be transported pursuant to this contract, as further defined below. Tactical vehicles typically falls into categories of general freight and oversized freight.

1.2.1. General Freight – shall consist of freight of all types and descriptions other than dangerous, hazardous, sensitive, or oversized freight as defined below.

1.2.2. Dangerous Freight – shall consist of gasoline, other petroleum products, inflammable liquids/solids in closed containers, industrial gases, helium compressed, and other substances prescribed under the Government of Japan (GOJ) “Fire Defense Law” (Law No. 186, 24 July 1948, with revisions thereto) and other related laws/ordinances. An additional charge for transporting of this freight is specified in the Pricing Schedule, Exhibit Line Item Number (ELIN) A21C.

1.2.3. Hazardous Freight – shall consist of low explosive, high explosive, or such other materials of explosives under the “Explosives Control Law” (Law No. 149, 4 May 1950, with revisions thereto) and other related laws/ordinances. When these explosives are being transported, the Contractor shall obtain a GOJ clearance issued by the Prefectural Public Safety Commission. In addition, the Government will provide special (safety) instructions, including truck inspection, to the Contractor’s deriver(s) prior to releasing the truck loaded with explosives. The Government will inspect the Contractor’s vehicle(s) as specified at paragraph 1.4. and provide special safety instructions to the Contractor driver(s) prior to releasing the hazardous freight to the Contractor. Written instructions and inspection will be bilingual to ensure drivers fully understand the contents. As defined in the GOJ “Explosives Control Law”, the following hazardous freight does not require the GOJ clearance when the total quantity does not exceed the limitation as described at paragraphs (a) through (h) below. In the event that the GOJ directs the Contractor to use routes different from those specified in the point-to-point routes in the Pricing Schedule, the Contractor shall immediately notify the Ordering Officer. The hazardous freight that does not require the GOJ clearance (which is below the specified amount) shall be considered sensitive freight. In transporting the freight classified as hazardous by the Ordering Officer, the Contractor shall comply with paragraphs 1.2.7., and

1.2.8. An additional charge for transporting of this freight is specified in the Pricing Schedule, ELIN A21D.

(a) Low explosives in the net weight of 200 kgs or less.

(b) High explosives in the net weight of 100 kgs 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 or less.

(f) Live or blank small arms ammunition net explosive weight of 0.5g or less per round: 400,000 each or less.

(g) Live or blank small arms ammunition net explosive weight of over 0.5g per round: 200,000 each or less.

(h) Other explosive materials not listed above: NET explosive weight of 100 kgs or less.

Remarks: When transporting a truck loaded with two (2) or more items mentioned above, net explosive weight or quantity of the items shall be divided by the applicable weight or quantity specified above for the item to obtain percentages. The sum of the percentages shall not exceed 100%. Example: Loading with low explosives 100 kgs and high explosives 50kgs; 100kgs/200kgs + 50kgs/100kgs = 50% + 50% = 100%.

1.2.4. Sensitive Freight – shall consist of any freight which requires a high degree of protection while in transit as designated by the Ordering Officer. It includes explosives which do not require the GOJ clearance under the GOJ Explosives Control Law. In transporting the freight classified as sensitive by the Ordering Officer, the Contractor shall comply with paragraphs 1.2.7., and 1.2.8.. An additional charge for transporting of this freight is specified in the Pricing Schedule, ELIN A21E.

1.2.5. Oversized Freight – shall consist of freight exceeding the length of the vehicle loading bed by 10% or more, or exceeding either 3.8 meters in total height, or exceeding the width of loading bed, or 12 meters in total length as loaded on truck. An additional charge for transporting of this freight is specified in the Pricing Schedule, ELIN A21F.

1.2.6. Freight Excluded. Excluded from the scope of this contract, at the discretion of the Transportation Officer or the Ordering Officer, are shipments that can be more advantageously or economically moved via parcel post or small package carrier and shipments that the Government may elect to move in the Government vehicles.

1.2.7. Dual Driver Protective Service (DDPS). Any trucks transporting hazardous and/or sensitive freight shall be manned by a truck operator and another accompanying Contractor personnel who possess necessary driver’s permit.

The truck loaded with the said freight shall be attended by at least one (1) driver in the cab of the truck and not in a sleeper berth or within 25 feet or three (3) meters of the truck when the truck is parked.

1.2.8. Signature and Tally Record Service (DD Form 1907). In conjunction with DDPS, both drivers are required to sign DD Form 1907 (Appendix A) in person when they assume responsibility for the shipment.

1.3. TYPE OF VEHICLES.

1.3.1. Definition.

(a) 15-ton lowboy - A tractor with low bed semitrailer having load capacity over 10,000 kgs up through 15,000 kgs.

(b) 20-ton lowboy - A tractor with low bed semitrailer having load capacity over 15,000 kgs up through 20,000 kgs.

(c) 25-ton lowboy - A tractor with low bed semitrailer having load capacity over 20,000 kgs up through 25,000 kgs.

(d) 30-ton lowboy - A tractor with low bed semitrailer having load capacity over 25,000 kgs up through 30,000 kgs.

(e) 4-ton truck - A truck, van/flat-bed, having load capacity over 2,000 kgs up through 4,000 kgs.

(f) 10-ton truck - A truck, van/flat-bed, having load capacity over 8,000 kgs up through 10,000 kgs.

(g) Van-type truck shall be aluminum or stainless steel enclosed cargo compartment/body, equipped with rear and/or side cargo door(s) with latches/hasps for securing doors with a padlock or similar locking device. Flat bed trucks with double tarp and double tie down may be used if van-type trucks are not available and the use of flat bed truck is specifically approved by the Ordering Officer. The outer layer shall be canvas or rain cover and be both fire and water resistant.

(h) For ammunition and explosives (A&E) shipment, the Contractor shall provide trucks with wood beds when directed by the Ordering Officer. The Government will nail wood blocking and bracing to the wood truck floor in accordance with the applicable regulations at the loading points. The Contractor shall provide lumber and/or dunnage to reinforce stowage of freight.

1.4. SAFETY REQUIREMENT FOR MOVEMENT OF AMMUNITION AND EXPLOSIVES (A&E).

1.4.1. Procedures for safe transportation of A&E in motor vehicle shall include the following:

(a) Brakes shall be set and the wheels chocked while loading and unloading.

(b) A&E 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 A&E material in the passenger compartment of the vehicle.

(e) 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 A&E material in accordance with the applicable local laws/regulations.

1.4.2. Pre-Loading Vehicle Inspection. All motor vehicles used to transport A&E shall be inspected by the Government in accordance with the checklist in Appendix B, DD Form 626, Motor Vehicle Inspection (Transporting Hazardous Materials), to ensure the following:

(a) The vehicle shall be in proper mechanical condition. This shall include an inspection by a qualified shipper employee of the following as a minimum: availability of spare electrical fuses; horn operative; steering system;

windshield/wipers; mirrors; warning equipment; electrical wiring; lights and reflectors; fuel system; exhaust system; brake system; suspension; coupling devices; cargo space; landing gear; tires, wheels, rims;

tailgate/doors; tarpaulins (if required); and spare tires.

(b) Exposed ferrous metal in the interior of the vehicle body shall be 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.

(c) Portable fire extinguishers of the appropriate class shall be carried on the motor vehicles used for transporting A&E in accordance with the local standards.

(d) Motor vehicles transporting A&E shall bear at least four (4) appropriate placards correctly displayed in accordance with GOJ Explosives Control Law.

1.4.3. Loaded Incoming Vehicle Inspection.

(a) Vehicles loaded with A&E shall be inspected upon arrival at remote sites by the Government in accordance with the checklist in Appendix B, DD Form 626. If no problem is found, vehicles may be opened for interior inspection or moved to the designated unloading location.

(b) A&E-loaded vehicles on which foreign and suspicious articles have been attached outside or underneath the vehicle, or that have a defect which could affect the safety of the establishment or the contents of the vehicle, shall be moved to the suspect car site for disposition.

1.5. SECURITY GUARDS. The Ordering Officer 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 Contractor shall, if requested by the Ordering Officer, permit a reasonable number of security guards or escorts to ride on any or all of the vehicles at no extra charge. In the event the security guards or escorts are used, the Contractor is not required to return the security guards or escorts to the loading point or Camp Fuji. However, if return cargo is being shipped to the loading point, the guards or escorts may return with the cargo to the loading point. The Government will ensure that no armed security guard or escort is allowed to ride on the Contractor’s vehicles.

1.6. FORKLIFT AND CRANE SERVICES. The Contractor shall provide forklifts and/or truck-mounted cranes with an operator(s) and slinging work crew as ordered by the Ordering Officer. The unit prices in the Pricing Schedule, ELINs A31A through A31C, shall include all necessary costs with an operator(s) and slinging work crew to perform the service. The basic rate is for the service including up to eight (8) hours per forklift or crane between the hours of 08:00 and 17:00, including one (1) hour recess. For services rendered outside the timeframe, see paragraph 1.8.2.(b).

1.7. OPERATIONAL REQUIREMENTS.

1.7.1. The Contractor shall perform the service when scheduled by the Ordering Officer at any time during any calendar day to meet the established loading and unloading dates and times. The Contractor shall follow the operational definitions and requirements described below.

1.7.2. Ordering. The order will be given orally and confirmed by means of a properly executed Bill of Lading (B/L) (USFJ Form 334EJ). The Contractor shall provide the requested service upon receiving an order in compliance with the following:

(a) The Ordering Officer, in placing an order for service, will specify to the Contractor, the size/type of truck, the loading and unloading points, reporting time and date, type of freight, and estimated weight/cubic measurement including quantity. Unless otherwise specified by the Ordering Officer, the Contractor may furnish vehicles that are of larger capacity than those ordred; however, the Contractor will be paid on the basis of the ordered size truck.

(b) The Transportation Officer (TO) will issue a B/L (USFJ Form 334EJ) for service provided under the contract. The TO will indicate terms and conditions (size/type of vehicle(s) ordered, accessorial services, etc.)

in the “Remarks” column of the B/L for which payment is due. The TO will provide an original B/L 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) In the event the original B/L is lost, rendered unusable, or destroyed after the original B/L is issued to the Contractor, a Certificate in Lieu of Lost Bill of Lading (USFJ Form 376EJ) shall be used to document the shipment. Related transportation services and charges will be documented by a properly executed Bill for Accessorial Services (BAS) (USFJ Form 416EJ).

1.7.3. Advance Notification. The Government will place orders with the Contractor prior to the time frame set forth below. The term “working days” used herein covers Monday through Friday including the Japanese holidays, but excluding the U.S. legal holidays as specified at paragraph 1.10.9.

(a) For general freight: Prior to 13:00 at least two (2) working days preceding the day the service is required.

(b) For dangerous, sensitive, hazardous, and oversized freight: Prior to 13:00 at least six (6) working days preceding the day the service is required.

(c) For forklifts and/or cranes: Prior to 13:00 at least two (2) working days preceding the day the service is required.

1.7.4. Loading and Unloading.

(a) Except as provided at paragraph 1.7.4.(b), all freight will be loaded and unloaded by the Government, and all material handling equipment and personnel will be furnished by the Government to accomplish the same.

However, the Contractor shall not be relieved from the responsibility for the proper stowage and securing of the freight against loss or damage while in transit.

(b) In the event the service by a forklift(s) and/or a crane is ordered, the Contractor shall load and unload all freight, provide all material handling equipment and personnel, and be responsible for the proper stowage and securing of loaded freight against loss or damage while in transit. The Contractor shall provide dunnage at no additional cost to the Government.

(c) Freight loading point – A platform or shipping point designated by the Ordering Officer as a point from which freight will be transported pursuant to this contract.

(d) Freight unloading point – A platform or receiving point designated by the Ordering Officer as a point at which freight transported pursuant to this contract will be unloaded.

1.7.5. Free Time. A three (3) hour period commencing from the time the vehicle is placed by the Contractor at the freight loading point and notice thereof is given to the Ordering Officer placing orders; and a three (3) hour period commencing at the time the vehicle arrives at the freight unloading point and notice thereof is given to the Receiving Officer or his/her representative. Free time shall apply to trucking services (lowboys and trucks), but not to forklift and crane services.

1.7.6. Costs of Operation. Except those authorized by paragraph 1.8. Accessorial Services, all costs of operation under this contract shall be borne by the Contractor, including but not limited to tolls, licenses, costs of overtime, Sunday or holiday work, or for operations during stormy or inclement weather.

1.8. ACCESSORIAL SERVICES (Charge will be paid by B/L or BAS).

1.8.1. Demurrage (BAS). If through no fault of the Contractor, a vehicle is not loaded and dispatched or discharged and released within the allowable free time, the Contractor shall be entitled to demurrage charges for detention of the vehicle by the Government beyond the free time at the rate indicated in the Pricing Schedule, ELINs A21G through A21M. For purpose of payment hereunder, the full half hourly rate shall be paid for any period of time up to and including 30 minutes. The demurrage charges specified in the Pricing Schedule shall be applicable to vehicle furnished hereunder in all instances. The Contractor shall submit a request for demurrage to the Ordering Officer 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 will 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. Demurrage shall apply to trucking services (i.e., lowboys and trucks) and not forklift and crane services.

1.8.2. Morning, Evening, Midnight, and Winter Period Charges (B/L or BAS).

(a) Morning and Midnight Charges for Vehicles (B/L). When specifically directed by the Ordering Officer, the Contractor shall commence trucking services between the hours of 22:00 and 05:00. An additional charge specified in the Pricing Schedule, ELIN A21N, shall be applied to this service. However, this charge shall not apply for any shipments exceeding 200 kilometers one-way.

(b) Morning, Evening, and Midnight Charges for Forklift and/or Crane Services (BAS). When specifically directed by the Ordering Officer, the Contractor shall perform forklift and/or crane services outside the eight (8) hour time frame between the hours of 08:00 and 17:00, including one (1) hour recess. In the event, the Contractor is entitled to applicable additional charges as specified in the Pricing Schedule, ELINs A31D through A31F, based on the specific time the performance was completed. The Contractor shall receive written acknowledgement from the Ordering Officer of the time performance was commenced and completed to support the invoice, and failure in doing so may cause rejection of the payment for additional charges.

(c) Winter Periods/Charges (B/L). Shipments to/from Tohoku/Hokuriku-Shin’etsu Areas. An additional charge specified in the Pricing Schedule, ELIN A21P, shall apply to any services performed during the period from 01 December through 31 March. This charge shall apply to trucking services (i.e., lowboys and trucks) and not forklift and crane services.

1.8.3. Cancellation of Requirement (BAS).

(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, cancellation charges shall be applied as specified in the Pricing Schedule, ELINs A21Q through A21V. Cancellation charge shall be calculated applying cancellation ratio to the unit price after toll charges specified at the Pricing Schedule, ELIN A21X, Table 3, are deducted as specified at paragraph 1.8.5.(a). In case when a vehicle(s) is held at the loading point 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 the service is 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 specified in the Pricing Schedule, ELIN A21W, by submitting evidence of such clearance to the Ordering Officer.

This “hazardous freight” cancellation charge is in addition to the cancellation charge payable under the provisions of paragraph (1) 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 on the day of the performance or on the previous day of the performance, cancellation charges shall be applied as specified in the Pricing Schedule, ELINs A31G through A31M.

(c) Subtracting Toll Charges. Cancellation charges for trucks shall be applied to the amount of unit price after subtracting applicable Toll Charges in the Pricing Schedule, ELIN A21X, Table 3, from the unit price.

1.8.4. Table Distance Rates. Rates at Table 1 and Table 2 in the Pricing Schedule, ELINs A21A and A21B, 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, the 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 as specified at paragraph 1.8.5.(b), 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 the Pricing Schedule, ELIN A21X, Table 3, shall be used for the purpose to calculate cancellation charges as cited at paragraph 1.8.3.(a)(1). If the above toll charge is changed in accordance with the decree of the Ministry of Land, Infrastructure, Transport and Tourism, GOJ, during the contract period, the Contractor shall notify the KO, 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 in the Pricing Schedule, ELINs A060 through A100, and the rates in the Pricing Schedule, ELIN A21X, Table 3, by way of a supplement agreement to the contract.

(b) The Contractor is required, when directed by the KO or the Ordering Officer, to use toll road(s) to perform services ordered. See ELIN A21Y in the Pricing Schedule.

(c) The B/L shall be annotated with “Use of toll roads authorized.” in the “Remarks” column thereon. Actual amount will be paid to the Contractor for the use as directed by the Ordering Officer and as supported by original toll road receipts under ELIN A21Y in the Pricing Schedule. The Contractor is responsible for the submission of original toll road receipts in a timely manner to the TO who will issue BAS for payment purpose.

1.8.6. Multi-Freight Shipment. When the Contractor is capable to furnish a suitable Lowboy for transporting more than one (1) item upon request from the Ordering Officer, an additional charge specified in ELIN A21Z in the Pricing Schedule shall be applied.

1.8.7. Calculation of Charges. Additional charges shown in percentages shall be calculated based on unit price listed in the Pricing Schedule (including Distance Rate Table). If more than one (1) kind of increase percentage is applicable, adjustment for such percentages shall be made prior to calculation of transportation cost; e.g., if a 30% increase and 5% increase are applicable, the transportation charge will be calculated by increasing the price by 35%.

1.8.8. Table of Distances.

(a) HQ U.S. 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) For transportation of freight between points not indicated in the bulletin, Transportation Division, US Army Japan (USARJ) G4, will measure new distance(s) upon request from shipping Ordering Officers, and provide the distance(s) to the requesting Ordering Officer and the Contractor concerned for computation of transportation charges.

1.9. HUMANITARIAN ASSISTANCE AND DISASTER RELIEF (HADR). The scope of this contract includes services to respond to requirements in an emergency situation including humanitarian assistance and disaster relief.

1.10. GENERAL INFORMATION.

1.10.1. 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 Government will evaluate all of the Contractor’s performance in accordance with the Quality Assurance Surveillance Plan (QASP).

1.10.2. 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.

1.10.3. Transportation Officer (TO). See paragraph 1.7.2.(b). A current list of TOs will be provided to the Contractor upon contract award.

1.10.4. Ordering Officer. The Ordering Officer is authorized to place an order or schedule deliveries in the manner described herein. The Ordering Officer shall have authority to certify the performance of services by the Contractor. Designation of the Ordering Officer will be provided to the Contractor prior to performance and updated as necessary during the performance period.

1.10.5. Obtaining Exemption from Japanese Taxes and Submission of Vehicles Listings for Tax Exemption Certificate.

(a) The basis whereby U.S. Armed Forces obtain exemption from Japanese taxes is prescribed in paragraph 3, Article XII of the Status of Forces Agreement (SOFA) under Article VI of the Treaty of Mutual Cooperation and Security between the U.S. and Japan.

(b) Prior to performing the services, the Contractor shall submit the following documents to the Contracting Officer, 374th Contracting Squadron, Yokota Air Base, Fussa-shi, Tokyo-to, for verification and issuance of fuel tax exemption certificates under this contract:

(1) Fuel consumption ratios of trucks by size;

(2) Accurate listing of all trucks to be used under this contract together with copies of the vehicle inspection certificates; and

(3) Location(s)/distances between the Contractor’s Motor Pool(s) and loading/unloading points, and other information if required.

(c) The Contractor shall submit requests for issuance of tax exemption certificates in a timely manner to the Tax Exemption Certifying Officer not later than 365 calendar days after receipt of an original B/L.

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

(e) The Contractor shall also submit a certification 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.

(f) The Contractor may claim tax exemption based on fuel consumption ratio of ordered size/type truck(s) used in accordance with the size of truck annotated in the B/L (Marked Car Capacity).

(g) The Contractor shall not include deadhead distance for trucks that transport freight owned or used by the third party (or the Contractor) from the unloading point of the ordered transportation service to the motor pool, which the truck(s) originated or home stationed for each ordered service. This service is not considered for official use for fuel tax exemption purposes.

(h) 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.

1.10.6. SECURITY AND 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 in accordance with 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 prepare documents to apply for the 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) Reports of Damages, 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 the Government owned or not. 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 electronic.

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

1.10.7. Contractor Personnel.

(a) Contract Manager (CM). The Contractor shall appoint a CM who shall be responsible for the performance of the work 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(s) shall have full authority to act for the Contractor on all contract matters relating to the daily operations of the work performed. The CM and alternate(s) 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 Employees. 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 or property, or whose continued employment under this contract is inconsistent with the interests of military security.

(d) 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.

1.10.8. 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. The Contractor shall submit a list of the subcontractors to the KO prior to using them.

1.10.9. U.S. Legal Holidays. The U.S. legal holidays are specified below. Holiday falling on a Saturday may be observed on the preceding Friday. Holidays falling on a Sunday may be observed on the following Monday.

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

1.10.10. Liabilities.

(a) Contractor Liability for Personal Injury and/or Property Damage. 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) Contractor Liability for Loss and/or Damage to Freight. 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. It is the Contractor’s responsibility to carry adequate cargo insurance to cover the declared value of property in the shipment.

2. SERVICES SUMMARY (SS).

The following 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.

Performance Objective PWS Paragraph Performance Threshold Method of Assessment SS1: Provide qualified contractor personnel for movement of hazardous and sensitive freight.

1.2.3., 1.2.4., and 1.2.7.

Deficiency shall not exceed one (1) per month.

Periodic Surveillance

SS2: Furnish vehicles as ordered by Ordering Officer.

1.3. Deficiency shall not exceed

one (1) per month.

Periodic Surveillance

SS3: Comply with operating rules and vehicle safety.

1.4. Deficiency shall not exceed

one (1) per month.

Periodic Surveillance

SS4: Provide services as ordered in compliance with schedule.

1.7. Deficiency shall not exceed

one (1) per month.

Periodic Surveillance

3. GOVERNMENT-FURNISHED PROPERTIES AND SERVICES. None.

4. APPENDICES.

A. DD FORM 1907

B. DD FORM 626

C. HISTORICAL WORKLOAD DATA

APPENDIX A: DD FORM 1907

APPENDIX B: DD FORM 626

APPENDIX C: HISTORICAL WORKLOAD DATA