Atch1_PWS_1FEB2024.pdf

Attachment 1 to Purchase Order No. FA520924P0052

PERFORMANCE WORK STATEMENT (PWS)

FOR

PROVIDE CHARTERED BUS SERVICES

US MILITARY SERVICE MEMBERS

BY SUPPLYING PASSENGER BUSES TO SHUTTLE

FROM

CAMP ZAMA (CZ)

TO

SAGAMIHARA HOUSING AREA (SHA)

TO

YOKOHAMA NORTH DOCK (YND)

AND RETURN

1 Feb 2024

1. Description of Work. The Contractor shall provide all supervision, labor, and equipment required to provide safe, secure, and reliable shuttle bus services for the U.S. Army Camp Zama

(Government), located at Kanagawa Prefecture Sagamihara City Minami Ward Isobe. The required service is operation of a shuttle bus on a regular schedule to transport personnel between Camp Zama, Sagamihara Housing Area, and Yokohama, North Dock Yokohama, Kanagawa Prefecture, Honshu, Japan.

1.1. Contractor Vehicle Requirements. The Contractor shall provide shuttle bus service from point of embarkation to point of debarkation for two large size buses. The vehicle(s) shall be a bus with a minimum of forty-five (45) passenger seats that allows for ease of loading and unloading of passengers in a timely manner at regular stops. The Contractor must be duly authorized to operate and perform services required in the PWS in accordance with (IAW) the terms and conditions under this contract and applicable Government of Japan (GOJ) laws and trade practices. All vehicles shall be in good mechanical condition, and dependable. Vehicles that do not meet the minimum requirements specified shall be replaced immediately so that service will not be unnecessarily delayed or interrupted. The Contractor shall notify Government of its intention to permanently substitute a vehicle at least five (5) business days prior to the vehicle’s replacement and shall provide Government with the vehicle’s registration and insurance information at least three (3) business days prior to the vehicle being put into service.

The Contractor shall immediately notify Government of the temporary substitution of a vehicle, such as those made necessary by mechanical failure or regular maintenance.

1.1.1. All Contractor-provided vehicles shall be equipped with a heating and air conditioning system and a defogger for the windshield. The system shall provide an even temperature throughout the vehicle of not less than sixty-five (65) degrees Fahrenheit/eighteen (18) degrees

Celsius and no more than eighty (80) degrees Fahrenheit/twenty-six (26) degrees Celsius.

1.1.2. Apart from emergency roadside maintenance, no maintenance and repair will be performed while vehicles are on Government property. The Contractor shall have qualified personnel inspect the vehicles used in the performance of this contract to ensure vehicles are mechanically safe. The Contractor shall ensure that all vehicles provided for use in this contract are kept in a clean condition, inside and outside, with the interior free of debris, trash, and spillage. Upon request and within two (2) business days, the Contractor shall furnish Government with true and correct copies of all maintenance and repair service records.

1.1.3. Government has the right to periodically inspect Contractor's vehicles, and, if any vehicle is determined to be unsafe or in unsatisfactory condition, to prohibit its use until such unsafe or unsatisfactory conditions have been corrected. In such event, the Contractor shall provide replacement vehicles, as necessary, to maintain the schedule.

1.1.4. The Contractor shall furnish each shuttle bus with a cellular telephone with a hands-free device and capability that will permit the driver to communicate with, at a minimum, Camp

Zama personnel and local area emergency responders. The Contractor will be responsible for the contract, maintenance, and repair of the cellular phones. The Contracting Officer’s

Representative (COR) will supply the Contractor with any applicable Government phone numbers. The Contractor shall supply the shuttle bus telephone’s number to Contracting Officer

(KO) and COR. The Contractor’s employees shall not make or receive personal calls unless they are on an official break.

1.1.5. Vehicles shall have no manner of display, on either the interior or the exterior, which indicates that the passengers are military members and civilian employees.

1.2. PASSENGER SAFETY. The Contractor shall be responsible for the safety of the passengers on board. Safety Bus or equivalent to meet the standards of service shall be furnished to ensure safe and secure commercial bus transportation for DoD personnel. In emergencies, carriers must continue to comply with all prescribed standards to the extent that circumstances permit.

1.3. OPERATIONAL REQUIREMENTS.

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

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

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

1.3.1.3. Free Time – A one (1) hour period from the time the bus is placed by the Contractor at each boarding and off-boarding point before or after the scheduled departure/arrival times. Free time is applicable only for routes specified in the Appendix A.

1.3.2. Hours of Operation. The Contractor shall provide the shuttle bus service utilizing two

Contract Line-Item Numbers (CLIN) which will encompass Scheduled Service and Unscheduled

Service.

(a) CLIN X001: Scheduled Service IAW Appendices.

(b) CLIN X002: Unscheduled Service IAW Appendices.

1.3.2.1. Scheduled Service. Scheduled service will consist of a Morning Route and Evening

Route with times as dictated (see Appendix A) and will be executed Monday through Friday, except on recognized Government holidays or other days declared by US Army Order. No regularly scheduled shuttle bus services shall be performed on weekends. In the event shuttle services are not required during normal hours of operation. It will not affect the monthly payment as stipulated in the contract.

1.3.2.2. Unscheduled Service. Unscheduled service will be enacted by modification when exercised, the Contractor may be requested to provide upon receipt of a properly prepared order, non-scheduled shuttle bus services. Placing orders will be provided to the Contractor at least seven (7) calendar days (The standard for the day is set at the end of business hours, which is

4:30 P.M.) in advance of the required services and shall specify the number of trips, location of departure, required departure time and destination; and an estimated departure time from destination for return trip. The contractor shall provide with a quote within twenty-four (24) hours when that request is made. The buses may not be found during the peak season (May, June, August, October and November). The contractor shall provide a cost estimate when bus services are available and obtain approval from COR and/or KO. The cost shall be calculated within the range of the lower limit of the published price announced by Kanto transportation bureau and a

20% increase during the peak season (see Appendix B). The term "working day" used herein covers Monday through Friday excluding U.S. Holidays specified at paragraph 1.4.8. below.

However, the Government may place orders on the U.S. holidays in case of urgent needs.

1.3.2.3. 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

1.3.1.3., the Contractor shall be entitled to stand-by charge for detention of the bus(es) by the

Government beyond the free time at the rate indicated in the published price for hourly rate per hour per bus announced by the transportation bureau. In addition, stand-by charge may be applied when the Contactor is specifically requested by the Government to stand-by at the designated 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. In that case, the Contractor shall submit a sufficient documentation (e.g., tachometer) which cites the starting time and ending time of service performed and certified by the COR and/or KO within five (5) calendar days following date of stand-by. In the event the Contractor fails to submit a timely request for stand-by, the Government shall be relieved from all responsibility unless the Contractors delay in submitting its request is due to circumstances beyond the Contractors control, as determined by the COR and/or KO.

1.3.2.4. Cancellation: If an unscheduled service is agreed upon by both parties and then cancelled by the Government, the cancellation costs are calculated according to the conditions that apply in the table below.

Conditions Price

The service is cancelled between 120 hours and 24 hours prior to the boarding date and time the service is required.

30% of the ordered bus price

Then the service is cancelled less than 24 hours prior to the boarding date and time the service is required.

50% of the ordered bus price

The service is cancelled at/after the boarding date and time the service is required.

100% of the ordered bus price

1.3.2.5. Such above payments for cancellation and/or demurrage will not apply when they are due to fire, strike, typhoon, or other causes beyond the Government’s control.

1.3.3. Required Reports. The Contractor shall provide to the COR a monthly passenger count report, to be delivered within five (5) calendar days of the end of each month. This report shall contain the date of service; the number of passengers picked up at each stop for each run; the number of passengers dropped off at each stop for each run; and the total number of passengers utilizing the shuttle bus service during each run. The report shall also include a daily total number of passengers, and require COR and/or KO approval for monthly payment.

1.4. GENERAL INFORMATION

1.4.1. QUALITY ASSURANCE. The Government will evaluate the Contractor’s performance through receipts of complaints IAW the Quality Assurance Surveillance Plan

(QASP).

1.4.2. Contract Quality Assurance. The Contractor shall maintain an adequate inspection system and perform such inspections will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain acceptance record of transportation (“Unsou-Hikiuke-sho”) complete inspection records and make them available to the Government.

1.4.3. 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.

1.4.4. OBTAINING EXEMPTION FROM JAPANESE TAXES AND SUBMISSION OF

VEHICLE LISTING FOR TAX EXEMPTION CERTIFICATE.

1.4.4.1. 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.

1.4.4.2. 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 with the copies of vehicle inspection certificates, and location(s)/distances between the Contractor’s Bus 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 the Contractor’s submission of requests for the Fuel Tax Exemption.

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

1.4.4.4. 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.

1.4.4.5. 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.

1.4.5. INSTALLATION BASE PASSES. For access to U.S. Installations, the U.S.

Government will issue all required Gate Passes/Vehicle Passes to the 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.

1.4.5.1. 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.

1.4.5.2. 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.

1.4.5.3. Base Escort. In order to enter the U.S. DOD military base & installations without gate passes, the COR at each installation needs to sign in the Contractor and its vehicles at the gates.

The Contractor is required to follow the necessary pre-procedure by submitting application forms which could vary depending on each installation. On the day of base entry, the Contractor may be required to possess passports, certificates of residence, abstracts of family registers and an ID photo. The Contractor shall make coordination by following the CORs and the Installation Pass

Offices prior to the service dates.

1.4.6. PERSONNEL (Role and Responsibilities)

1.4.6.1. Contract Manager (CM). The Contractor shall provide a CM who shall be responsible for the performance of the work performed under this contract. 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.

1.4.6.2. The CM or alternate is responsible for the performance of the contract. The Contractor shall not perform any other services than those in the PWS without coordination through the KO.

The CM shall immediately report any problems that are encountered in any work locations to the

KO.

1.4.6.3. 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.

1.4.6.4. 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.

1.4.6.5. 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).

1.4.7. 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.

1.4.8. 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:

DATE HOLIDAY

1st January New Year’s Day 3rd Monday in January Martin Luther King’s

Birthday 3rd Monday in February President’s Day Last Monday in May Memorial Day 19th June Juneteenth Day 4th July Independence Day 1st Monday in September Labor Day 2nd Monday in October Columbus Day 11th November Veteran’s Day 4th Thursday in November

Thanksgiving Day 25th December Christmas Day

Note: In addition to the above, days declared by U.S. Army orders may also be recognized

Government holidays.

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

1.4.9.1. 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 or employees.

1.4.9.2. 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 phone call or email.

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

1.4.9.3. In using the vehicle, passengers are responsible for its proper usage. If the bus is significantly damaged by a passenger, efforts will be made to identify the damage, and the responsible passenger may be held accountable. If the damage is determined to be intentional or a result of negligent handling, legal penalties or fines may be imposed on the passenger.

In the event that damage is acknowledged by the Contractor, the passenger should be promptly identified, and a report submitted to military authorities (such as the passenger's unit supervisor, security forces, COR, or KO). The Contractor may pursue compensation from the passenger for repairs and damages resulting from the acknowledged damage. Payment may be made directly by the passenger or the unit utilizing the services, or as agreed upon in the Unscheduled services section of this contract.

1.4.10. 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: Transporting Government personnel as set forth in the

Appendices IAW the PWS and applicable GOJ laws.

1. and 1.1. No defects per month Periodic Surveillance

Customer complaint.

SS2: Compliance with the

Government schedule.

1.2 No defects per month

Periodic Surveillance

Customer complaint.

SS3: Type and Capacity of

Buses and Passenger Safety

1.1. and 1.3. No defects per month

Periodic Surveillance

Customer complaint.

SS4: Unscheduled Services 1.3.2. No more than 2 defects per month

Periodic Surveillance

Customer complaint.

3. GOVERNMENT FURNISHED PROPERTY AND SERVICES. None.

4. APEENDICES.

A: Proposed Bus Schedule

B: Chartered Bus Published Price by Kanto Transportation Bureaus

Appendix A: Proposed bus schedule:

Tuesday Evening Route

Location Arrival Departure

YND Bldg. 458 1345 1350

YND Bldg. 603 1355 1400

SHA 1440 1445

CZ 1505 End Of Mission

Note 1: The above route, days, and timings may undergo slight adjustments as necessary.

Note 2: Since bus stops may change depending on the mission or exercise, the Contractor must confirm with the COR and/or KO as appropriate to provide bus service.

Morning Route (Monday - Friday)

Location Arrival Departure

CZ 0830 0835

SHA 0850 0855

YND Bldg. 603 1000 1005

YND Bldg. 458 1010 End Of Mission

Evening Route (Monday, Wednesday, Thursday, Friday)

Location Arrival Departure

YND Bldg. 458 1545 1550

YND Bldg. 603 1555 1600

SHA 1640 1645

CZ 1700 End Of Mission

Appendix B: Chartered Bus Published Price by Kanto Transportation Bureaus

Kanto Area Lower *20% surcharge

Fare

Km rate

1 Large ¥160 ¥192

2 Medium ¥140 ¥168

3 Small ¥120 ¥144

Hourly rate

1 Large ¥6,580 ¥7,896

2 Medium ¥5,560 ¥6,672

3 Small ¥4,770 ¥5,724

Fee

Alt. Driver Fare per Km ¥40 ¥48

Fare per hour ¥2,430 ¥2,916

Night/Morning Increase shall be less than 20% of total price of fare and Alt driver's fare

Special Vehicle Premium rate that takes into account equipment, purchase price, etc.

*Note: Bus fares may increase by about 20% above the publish lower price set by the MILT in the event of unscheduled service requests during peak periods in the bus industry.