PWS-BPA_(FBO)_Shuttle_Bus.docx

BLANKET PURCHASE AGREEMENT (BPA)

Section I: Performance of Work Statement (PWS) Commercial Bus Services for USFK

1. GENERAL.

1.1. Scope:

The contractor shall provide all supervision, labor, tools, facilities, materials, and transportation as necessary to furnish Commercial Bus Services to support Army, U.S. Marine Corps, Navy, Airforce and various exercises throughout the United States Forces Korea (USFK).

1.2. Period of Blanket Purchase Agreement (BPA):

The effective period of the BPA is for five years.

1.3. Term of BPA:

This BPA is not a contract. If the contractor fails to perform in a manner satisfactory or no longer required by the Government, this BPA may be cancelled with 30 days written notice to the contractor by the Contracting Officer (KO).

1.4. Hours of Operation:

The Contractor shall perform the work from Monday through Sunday include U.S Federal and Korean holidays. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

U.S. Government legal holidays

(1) 1 January (New Year's Day)

(2) 3rd Monday, January (Dr. King’s Birthday)

(3) 3rd Monday, February (President's Day)

(4) Last Monday, May (Memorial Day)

(5) 4 July (Independence Day)

(6) 1st Monday, September (Labor Day)

(7) 2nd Monday, October (Columbus Day)

(8) 11 November (Veterans' Day)

(9) 4th Thursday, November (Thanksgiving Day)

(10) 25 December (Christmas Day)

ROK Legal Holidays

(1) New Year’s Day - 1, 2 January

(2) Lunar New year - 3 days

(3) Independence Movement Day – 1st March

(4) Labor Day – 1st May

(5) Children’s Day – 5th May

(6) Buddha’s Birthday – 12th May

(7) Memorial Day – 6th June

(8) Constitution Day – 17th July

(9) Liberation Day – 15th August

(10) Chu Sok – 3 days

(11) National Foundation Day – 3rd Oct

(12) Christmas – 25th December

1.5. Place of Performance:

The work to be performed under this contract shall be performed throughout USFK.

1.6. Quality Control Plan (QCP):

The contractor shall conduct QC in accordance with (IAW) the existing commercial standard to meet the requirements of this PWS. The contractor shall provide QCP within 15 days Calendar after award of BPA. An updated copy of the contractor’s plan shall be provided to the Contracting Officer and COR within five (5) working days as changes occur.

1.6.1. The contractor’s QCP shall contain, as a minimum, the following items:

a. A description of the inspection system to cover all services. Description shall include specifics as to the areas to be inspected on a scheduled and unscheduled basis, frequency of inspections, and the title and organizational placement of the inspector(s).

b. A description of the methods to be used for identifying and preventing defects in the quality of service performed.

c. A description of how the records will be kept. Records must document all inspections and corrective or preventive actions taken.

1.6.2. The contractor shall keep records of inspections and make them available to the Government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract. The contractor shall collect data, perform self-evaluation, and document performance against standards associated with each specific requirement. The contractor shall submit a report semi-annually based on the description of the inspection systems that cover all services in this PWS.

The contractor shall address all tasks in the PWS based on the example below.

What level of performance is required to meet the Performance Objective or Task?

Acceptable Quality Level (AQL) or Performance Threshold

WHAT/DATA SOURCE

What is the Contractor going to inspect?

CALCULATION

How will The Contractor determine if the AQL and Standard are being achieved?

1.7. Quality Assurance (QA):

The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.8. Contracting Officer Representative (COR):

COR will be identified by separate appointment letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the contractor concerning technical aspects of the contract: monitor contractor's performance and notifies both the contracting Officer and contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.9. Contractor’s Qualification:

1.9.1. Prime Offeror’s Prior Experience: The prime contractor shall have a minimum two (2) years of experience within the last six (6) years in bus transportation services.

1.9.2. Registrations/License: The Prime Contractor shall possess the valid and current Passenger Transportation Business Registration (여객자동차운송사업증) and Chartered Bus Transportation Business Registration (전세버스 운송사업 등록증) issued by Republic of Korea (ROK) Government during the entire performance of this BPA.

1.10. Personally/Key Personnel.

1.10.1. Definition: “Key Personnel” mean employees of the Contractor that is considered to be essential to the work being performed under this contract. Key Personnel are as follows: Contract/Agreement Manager

1.10.2. Before removing, replacing, or diverting any of the listed or specified key personnel, the Contractor shall:

(1) Written notification to the Administrative Contracting Officer (ACO) reasonably in advance (14 calendar days is considered reasonable);

(2) Submit justification (including proposed substitutions with resumes of equal qualifications stated in this section 1.10.3.1) in sufficient detail to permit evaluation of the impact on this contract; and

(3) Obtain the Contracting Officer's written approval. Notwithstanding the foregoing, if the Contractor deems immediate removal or suspension of any member of its management team is necessary to fulfill its obligation to maintain satisfactory standards of employee competency, conduct, and integrity under the clause at 48 CFR 970.5203–3, Contractor's Organization, the Contractor may remove or suspend such person at once, although the Contractor shall notify the Contracting Officer prior to or concurrently with such action.

1.10.3. The list of key personnel may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add or delete personnel so long as the aforementioned items are addressed.

1.10.3.1. Contract/Agreement Manager (CM): The Contractor shall provide a qualified CM who shall be responsible for supervising the overall performance of the work under the BPA. The CM shall have an experience as a CM with a minimum two (2) years perform in bus transportation and operations services within last six (6) years.

1.10.3.2. CM shall be available during normal duty hours within two (2) hours of notice to meet on the installation with Government personnel (COR) to discuss problem areas. After normal duty hours, the CM shall be available within four (4) hours of notice, 24 hours a day, and seven (7) days a week for emergency purposes. The CM shall be available by cell phone and shall provide their cell phone number to the KO and COR prior to start contract.

1.10.3.3. CM shall be able to read, write, speak, and understand English.

1.11. Equipment Plan:

1.11.1. The prime contractor shall have capability to provide bus transportation service more than 1,200 passengers concurrently during the BPA period.

1.11.2. Buses: The buses shall be passenger type (commercial design) buses with seating capacity of 41 – 45, and the model year of the buses shall not exceed 7 years old during BPA period.

1.11.3. Each bus shall be equipped with devices and appliances for passenger comfort, including for heating system in winter season and cooling system in summer season. Each bus shall also comply with USFK Regulation 190-1. These buses must be equipped with spotlights with sufficient lighting to provide for safe entry and exit of bus passengers.

1.11.4. Operation of Buses: Buses shall be operated in accordance with the calls placed by the Contracting Officer or the Call Officers and applicable US Government and Republic of Korea Vehicle regulations and laws.

2. DEFINITIONS & ACRONYMS

ROK: Republic of Korea USFK: United States Forces Korea PWS: Performance Work Statement BPA: Blanket Purchase Agreement KO: Contracting Officer QCP: Quality Control Plan QA: Quality Assurance QASP: Quality Assurance Surveillance Plan COR: Contracting Officer Representative

3. GOVERNMENT FURNISHED ITEMS AND SERVICES: N/A.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract.

5. SPECIFIC TASKS:

5.1. The Contractor shall provide the vehicles, operators, , facilities and management as required, and perform the bus services at the area designed, in the schedule, in accordance with this PWS.

5.1.1. Drivers:

5.1.1.1. Driver License: Bus drivers shall possess the Class I bus drivers’ licenses for driving bus that were issued/approved by ROK Government during performance duties under this BPA.

5.1.1.2. Items left on Bus by Passengers: Drivers shall be instructed by the Contractor that they are responsible to inspect the buses for articles left on the buses. Any article discovered by the drivers shall be turned to the BPA Primary/Alternate Call Officers.

5.1.1.3. Safety: The drivers shall be instructed and trained on accident prevention and safety by the safety manager of the company on a quarterly basis. Also, the contractor shall comply with all applicable laws, rules ordinances, and regulations promulgated by the ROK Government and must comply rules and regulations of USFK while operating within the confines of an US Government installation. The contractor shall insure that safety precautions are taken during the performance of this contract to protect the lives of contractor personnel, the property of the U.S. Government and the Republic of Korea, as well as the private individuals and firms who may be exposed to or be endangered by the contractor’s actions. The contractor shall provide a written safety plan with policies, procedures and safety checklist within 15 calendar days after BPA award. The program shall comply with the Korean Occupational Safety and Health Act (KOSHA). The Contractor agrees to comply with its written program for the life of the contract. Any changes or modification to its safety program shall be submitted to the Contracting Officer or his/her duly authorized representative for coordination and review. The safety plan shall be confirmed by Contracting Officer’s Representative (COR) then accepted by KO within 5 working days if there are any changes after award.

5.1.1.4. Risk Management Process. The safety plan shall include detailed job related hazards and controls measures and an Activity Hazard Analysis (AHA) for each work activity. The AHA shall include at a minimum the name of the activity/job, the job steps, the job hazards, the tools or equipment required to perform the job, control measures to eliminate or reduce the hazard(s), and a Risk Assessment Code (Risk Assessment Code is an assessment of the probability of the hazard occurring and its potential impact). The contractor shall assure that the safety control measures are implemented. The contractor may use the sample AHA forms in http://www.usace.army.mil/SafetyandOccupationalHealth/ActivityHazardAnalysis.aspx or develop their own.

5.1.1.5. Accident investigations, reports, and logs: The safety plan shall include a copy of the contractor’s accident investigation reporting format, and logs. Report all accidents as soon as possible but not more than 45 minutes of accident occurrence to the Provost Marshall, Contracting Officer/Representative (KO/COR). The contractor shall thoroughly investigate the accident and submit the findings of the investigation along with appropriate corrective actions to the COR in the accident investigation reporting format as soon as possible but no later than 72 hours following the accident. The contractor shall implement corrective actions as soon as reasonably possible but not later than 15 calendar day from report submission. The accident investigation reporting format shall include at a minimum:

1. Contract number and contract name/description.

1. Name of contractor

1. Date/time of accident

1. Date report was completed

1. Detail description of events that lead to the accident

1. Root cause of accident

1. Contributing factors of accident

1. Corrective action(s) to prevent recurrence

1. Specific dates when the corrective actions will be implemented

5.1.1.6. The following require immediate accident notification and written accident report:

(1) A fatality;

(2) A permanent total or permanent partial disability;

(3) The hospitalization of three or more people resulting from a single occurrence;

(5) Property damage of $200 or more.

5.1.2. Buses

5.1.2.1. Buses shall be operated in professional and courteous manner with provisions of the applicable regulations. It shall be the driver’s responsibility to assure that the seating occupancy of the buses does not exceed the passenger capacity posted within each bus. Drivers shall operate buses in strict adherence to traffic signs posted within all military installations and the streets and highways of the ROK.

5.1.2.2. Bus Appearance: Seating areas overhead luggage rack and floors of the buses shall be dry and free of debris at all times. Buses shall be equipped with proper safety devises and be in safe operating condition at all times. Any defective equipment on buses shall either be immediately repaired or replaced. Bus floors will be broom-swept before leaving the bus terminal for each run. Buses shall be equipped with serviceable fire extinguisher, warning kits and first aid kits. All vehicle operators shall ensure their vehicles are locked and properly secured when not in use. Keys shall not be left in any unattended buses.

5.1.3. The Contractor shall obtain and keep current all appropriate permits from the authorities of the ROK Government, translate these permits into English, and provide a copy of both the English and Korean version to the Contracting Officer. All drivers employed by the Contractor from ROK Government.

5.1.4. Maintenance and Repair: The Contractor shall provide maintenance and repair of buses under this agreement to insure that the buses operate safely at all times. Operator maintenance shall be performed at the Contractor’s facility.

5.1.5. The Contractor shall arrive at the designated location no later than 20 minutes before the scheduled departure time or as requested to support contract requirements. The US Government will provide parking lot while the driver awaits pickup of passengers at the designated US Government location.

5.1.6. The Contractor shall be responsible for the performance of all inspection requirements. The Government reserves the right to perform any inspection and tests which are deemed necessary to assure that services conform to the prescribed requirements and standards.

5.1.7. Notice of Accident: All cases of personal injury of passengers requiring medical attention or death of passengers in the performance of this BPA shall be verbally reported no later than 30 minutes by the contractor to the Provost Marshall office nearest to the accident site and the COR ICW 5W(Who, What, Where, When and Why) report in accordance with this PWS paragraph 5.1.1.6. A full and complete written report of the accident shall be submitted to the Contracting Officer through the COR, within 72 hours following the verbal report.

5.1.8. Call Orders: The Contracting Officer or Call Officer will issue Call Order no later than (NLT) three (3) working days prior to desire movement date. It’s the responsibility of the Contractor to ensure that a Call Order is only made by the Contracting Officer or Call Officer. The Call Order will be issued orally or written by the Ordering Officer.

5.1.9. Cancellation Notice: When any changes for the planned mission schedule or cancellation have to be made, a written or telephone notification will be provided no later than 1700 hours, on the day before the commitment. However, in case of emergency circumstances, such as alert, adverse weather conditions of other unavoidable circumstances, the contractor shall be notified at least 3 hours prior to designated spotting time which will allow the Contractor to cancel the dispatch of buses.

5.1.10. Cancellation Charges: When and if buses are actually requested as ordered by the Call Officer and cancelled within time period specified above, the cancellation charges will be paid to the Contractor as specified in the price list. (Before 10 hours cancellation to spot time will be paid 50 % of original charge, after spot time cancellation will be paid 100% of original charge.

5.1.11. Liability Insurance: The Contractor shall maintain during the term of this Agreement insurance on Contractor operated buses with an organization acceptable to the Contracting Officer as follows:

5.1.11.1. Group-type bodily injury and death liability insurance in an amount of not less than $200,000.00 on one person and not less than $500,000.00 on one accident or occurrence.

5.1.11.2. Property damage liability Insurance in an amount of not less than $100,000.00 on account for one accident.

5.1.11.3. The Contractor shall submit a copy of insurance policies to the Contracting Officer Representative within ten (10) calendar days after established of the BPA.

5.2. CONTRACTOR MANPOWER REPORTING (CMR).

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Bus Transportation Service via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year, which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component's CMR website".

5.3. PERFORMANCE REQUIREMENT SUMMARY (PRS).

5.3.1. The contract performance requirements are summarized in performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimally acceptable levels of service required for each requirement.

5.3.2. The PRS and the contractor’s QCP provide information on contract requirements, the expected level of contractor performance and the expected method of government validation and confirmation of services provided. These thresholds are critical to mission success. Procedures as set forth in the FAR 52.212-4. The COR or designated representative will conduct the inspections, and any deficiencies are to be provided to the contractor in writing.

Performance Objective

Remedy

Vehicle/Equipment:

Type of Vehicle Required

PWS 1.11.2

Customer Complaint Cleaned with 30 minutes of notification

Bus Driver Each driver employed by the contract shall have a valid driver’s permit as required by the Government of the Republic Korea

PWS 5.1.1.1.

Replace the bus driver within 1 hour

Maintenance:

Bus maintenance to ensure full safe and operating capability

PWS 5.1.4

Replace bus that has been maintained within 1 hour without additional charge to the Government

Safety Plan:

Contractor has a responsible for completing and abiding by their safety plan PWS Para. 5.1.1.3

Fix safety violations and reduce 10% of applicable CMR

Delivery Ticket Technical Exhibit 1.

Writing detail information all requested Delivery Ticket (No1 thru 14) and user signature including dated by signature

6. APPLICABLE REGULATIONS: The following regulations form a part of this purchase description to the extent specified herein: The following regulations whichever are the most current must be used under this BPA.

a. UFK 55-37, Korea Traffic Management, dated 12 August 2013.

b. USFK Reg 190-1, Motor Vehicle Traffic Supervision dated 10 May 2012.

c. DoD Reg 4500.0-R, Part II, Appendix M, Defense Transportation Regulation (DTR).

d. Mileage Distance Table, Published by 25th Transportation Battalion, changed dated 1 Dec 2008

7. ATTACHMENT.

7.1. Attachment-1, Deliverable Table of Price List

7.2. Attachment-2: Mileage table published by 25th Transportation Battalion

8. TECHNICAL EXHIBIT 1 - Deliverables Table

Quality Control Plan (QCP)

PWS 1.6

Safety Plan

PWS 5.1.1.3

Accident Investigations, Reports and Logs

PWS 5.1.1.5

SECTION II

BPA Administration Data

1. BPA ADMINISTRATION: Team Bear, Services Division, 411th Contracting Support Brigade (CSB) will administer this BPA. The Contractor shall, after receipt of this BPA, direct all questions concerning this BPA to:

Team Bear, Services Division 411th Contracting Support Brigade (CSB)

APO AP 96205-5289

2. IMPORTANT NOTICE:

2.1. The Contractor shall not accept any instructions issued by any person other than the Contracting Officer or individual authorized to place BPA Calls acting within the limits of their authority. No oral statements of any person, whomsoever, will in any manner or degrees modify, or otherwise affect the terms and conditions of this BPA or subsequent BPA Calls. The Contracting Officer will be the only person authorized to approve changes in any of the requirements under this BPA, and notwithstanding any provisions contained elsewhere in this BPA, said authority will remain solely with the Contracting Officer.

2.2. No information other than that which may be contained in any authorized amendment to this solicitation or any authorized modification to any resulting BPA issued by the Contracting Officer, which may be received from any person employed by the U.S. Government or otherwise, shall be considered as grounds for deviation from any provisions, conditions or other terms of these documents.

3. EXTENT OF OBLIGATION:

The Government is obligated under this BPA only to the extent of authorized purchases actually made under the BPA.

4. INSPECTION AND ACCEPTANCE:

4.1. Inspection for quality, quantity count, and final acceptance of the services performed under this Agreement shall be conducted by the Receiving Officer at the Receiving Point.

4.2. The Receiving Officer is responsible for inspection and acceptance of services, and preparation of receiving reports either in block 32a of DD Form 1449 or by separate DD Form 250 (Material Inspection and Receiving Report).

5. PRICING:

5.1. Waiting Charge: Free time will be two (2) hours at the pick-up and drop point. The Government will pay waiting and driver charge after free time.

5.2 The bus service charges are counted from the origin regardless the bus depart anywhere to the final destination IAW the mileage table published by 25th Trans. Also, if the bus detour the routine due to an unexpected circumstance and beyond the driver’s control, it must be verified and approved by the ordering officer.

6. CALL LIMITATION:

Individual calls under the BPA shall not exceed $150,000.00. Calls shall not be split in order to avoid this limit. Call Officers will not make calls against this BPA when the call exceeds $15,000.00. If a requirement exceeds $15,000.00, the requirement will be routed through the 411th CSB Korea.

7. NOTICE OF INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA AND DOLLAR LIMIATIONS:

7.1. A list of names of individuals authorized to place calls under the BPA, identified by organizational component and the dollar limitation per call for each individual will be furnished to the contractor by the contracting officer. The US Government will be responsible for only calls made by authorized personnel. (See the Appendix “B” - List of Individuals Authorized to Place Calls)

7.1.1. The Call Officer shall not perform the duties of the COR.

7.1.2. Calls placed by unauthorized individuals and accepted by the Contractor will not be approved for payment. Therefore it is the responsibility of the contractor to accept only those calls placed this BPA by an authorized Call Officer. This authority may not be re-delegated.

7.1.3. The Contracting Officer will notify the Contractor for any changes or additional individuals authorized to call.

7.1.4. Each call placed by an authorized Call Officer from activities other than 411th CSB shall be assigned a six digit alphanumeric character, as below:

Unit Assigned Call Number Army AA0001 – AA9999 Navy AB0001 – AB9999 Air Force AC0001 – AC9999 Marine Corp. AD0001 – AD9999

8. DELIVERY TICKETS:

8.1 All services furnished under the agreement will be accompanied by delivery tickets or sales slips which will contain the following minimum information:

“I certify that all supplies/services called for in the BPA have been received in accordance with the terms specified in the order.”

8.2. All delivery tickets will be countersigned by the receiving officer of the delivery point upon receipt of services purchased under the BPA. One (1) copy will be retained by the COR and original maintained by the contractor and utilized to prepare and submit with the summary invoice to the COR.

9. CALL PROCEDURE: Purchases made using the BPA are referred to as “calls” and must be on the basis of an authorized purchase request from a Government Requiring Activity. A record shall be maintained for each Call placed against the BPA. Call Orders may be made orally or telephonically in emergency situations, but all Call Orders must be followed up with a written Call Order as soon as practicable. Each call will be placed by authorized Call Officers or the Contracting Officer. The list of authorized Call Officers will be provided by the Contracting Officer, the 411th CSB Korea at the time of award. The Call Officer will not perform the duties of the COR.

10. BPA REPORTS: The Contractor shall submit a report for ordering status to the Call Officer when received BPA call. In this report, the Contractor must provide the number of buses and the total Korean Won cost. The Call Officer will provide the report of Call Register to the Contracting Office when issued BPA call.

11. INVOICES:

11.1. A summary invoice shall be submitted at least monthly base or upon expiration of the BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered thereon, stating their total dollar value, and supported by receipted copies of the delivery tickets.

11.2. One (1) original summary invoice and delivery ticket shall be provided to the COR for each submittal.

12. PAYMENT:

12.1. Payment Address:

1. For U.S. Appropriated Fund payments: Reference FAR clause 52.232-33 Mandatory Information for Electronic Funds Transfer Payment (OCT 2003). This clause requires that payments be made by electronic funds transfer by the Finance Office. The Contractor shall provide information required concerning the financial institution to receive electronic funds transfers to the designated payment office. Payment over $15,000 will be received after invoice submission and approval through WAWF.