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PERFORMANCE WORK STATEMENT (PWS)

FOR

JAPAN-WIDE CHARTERED BUS SERVICES

20 JAN 2021

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1. DESCRIPTION OF SERVICES/GENERAL INFORMATION. The Contractor shall provide all equipment, tools, materials, and associated labor necessary to perform chartered bus services for transporting personnel including soldiers carrying weapons/bags, when, as and if scheduled by the Government 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 all over Japan, excluding Okinawa to meet the transportation requirements. The common routes for the boarding/off-boarding points are as follows:

U.S. installations Common Boarding/Off-Boarding Points Camp Fuji USN Air Facility Atsugi / Yokohama North Dock / MCAS Iwakuni / Camp Zama Sagami General Depot / / Narita Airport / Kyougamisaki Communication Site NGL Shimazu Apartment / RPK Kurobe Apartment / (KCS) JGSDF Fukuchiyama Range Marine Corps Air Station Iwakuni Camp Fuji / Sasebo Naval Base / Hiroshima Kure (MCAS) Pier 6 / Akizuki & Kawakami Ammunition Depot Yokota Air Base Misawa Air Base

The ELINs A010 and A020 in the Exhibit (price list) represent the following areas: District Transportation Bureaus Prefectures Hokkaido District Transportation Bureau Hokkaido Tohoku District Transportation Bureau Aomori, Iwate, Miyagi, Fukushima, Akita, Yamagata Kanto District Transportation Bureau Ibaraki, Tochigi, Gunma, Saitama, Chiba, , Kanagawa Hokurikushinetsu District Transportation Bureau Niigata, Nagano, Toyama, Ishikawa Chubu District Transportation Bureau Shizuoka, Aichi, Gifu, Mie, Fukui Kinki District Transportation Bureau Shiga, Kyoto, Osaka, Hyogo, Nara, Wakayama Chugoku District Transportation Bureau Tottori, Shimane, Okayama, Hiroshima, Yamaguchi Shikoku District Transportation Bureau Tokushima, Kagawa, Ehime, Kochi Kyushu District Transportation Bureau Fukuoka, Saga, Nagasaki, Kumamoto, Ooita, Miyazaki, Kagoshima

1.2. TYPE AND CAPACITY OF BUSES.

1.2.1. Large-sized Vehicles. Tour type bus with minimum capacity of 45 passengers, excluding auxiliary seats/folding seats, and having luggage space under floor if required.

1.2.2. Medium/Small-sized Vehicles. Passenger seats are less than 29 passengers having luggage space under floor if required.

1.2.3. Special-purpose vehicles. If the Government requires vehicles that have special equipment (ex. Bus with lavatory, Lift, etc. in accordance with the guideline announced by the

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Ministry of Land, Infrastructure, Transport and Tourism (MLIT)), the Contractor can apply surcharge within 50% of the bus fare upon request of the Contractor and the Government. The Contractor will be entitled to additional fee for special-purpose vehicles specified in ELIN A04C

1.3. 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.

1.4. 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.

1.4.2. ORDERING. The Contractor shall perform the service as scheduled by the Ordering Officer/Contracting Officer (KO) at any time during any calendar day. The Ordering Officers at installation transportation offices 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 points at the time of ordering. The Contractor shall set the bus(es) ready in place for passengers to be onboard by the time scheduled. The Ordering Officers that specify the scheduling orders will be designated in writing by the KO.

1.4.2.1. Advance Notification. The scheduling order will be placed for services to the Contractor prior to the time frame set forth below.

The Number of Buses for Each Order Advance Notification Prior to the Designated Boarding Time Up through 2 buses At least 48 hours Over 2 buses up through 5 buses At least 96 hours Over 5 buses up through 8 buses At least 144 hours Over 8 buses At least 192 hours

1.4.2.2. Kilometer Based Fare and Time Based Fare. When the Government schedules a charter bus requirement with the Contractor, the prices will be calculated by adding kilometer- based fares and time-based fares in accordance with the bus fare/pricing systems set by the MLIT, GOJ. If two (2) drivers are required for these routes due to the circumstances specified in paragraph 1.4.5.2.(d), Alternate Driver Charge specified in paragraph 1.4.5.2. shall be applied. Expected time and distance for a requirement will be computed by both the Contractor and the GRs, and the scheduling order will be placed as agreed upon by both parties within the scope of the contract/Task Orders issued by the KO. The GRs shall consult with the KO before reaching an agreement if any ambiguity exists. When the bus fare/pricing systems are updated and upon written request of either the Contractor or the Government, new rates shall be incorporated into the Exhibit by way of a supplemental agreement to the contract.

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1.4.2.3. Rate calculation. Kilometer and Hourly rates specified in the ELIN A01A through A01J, and ELIN A02A through A02J in the Exhibit are to be used. Calculation method will be based on the applicable chartered bus regulation, fare/pricing system and within the price range announced by each District Transport Bureau (Hokkaido, Tohoku, Kanto, Hokurikushinetsu, Chubu, Kinki, Chugoku, Shikoku and Kyushu), MLIT. Kilometer and Hourly rates for small-sized vehicle specified in the ELIN A01K and A02K in the Exhibit are to be based on Kinki District Transport Bureau, MLIT. When boarding point and off-boarding point are located different regions, either of the region’s rates that the arranged bus company is based in will be applied.

1.4.2.4. Bus Arrangement. The prices will be calculated by adding kilometer-based fares and time-based fares in accordance with the bus fare/pricing systems, however, the Contractor shall furnish the most efficient and economical buses to a maximum extent in consideration of the distances between the motor pools, the boarding points and off-boarding points.

1.4.2.5. Change of Schedules. 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 Government. Any changes to chartered bus service must be reported to the commercial carrier as soon as possible. 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 GRs shall inform the KO of the changes immediately. Furthermore, changes or cancellations must be documented both the Government and the prime contractor, as this documentation assists in resolving billing problems and provides a detailed record in the event of a carrier protest.

1.4.3. DELIVERY TICKETS. The Contractor shall provide a delivery ticket or sales slips (See sample in Appendix), which contains the following minimum information for each service. The Contractor shall obtain signature from the GR specified at the time of ordering 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) Contract / Task Order Number (c) Date of Scheduling Order (d) Scheduling Order 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. Except those authorized by paragraph 1.4.5, additional charges and accessorial services, 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. Late Night and Early Morning charge. An additional charge will be applicable when the services are performed within the time frame between 2200 and 0500 hours. The Contractor shall be entitled to late night and early morning charge specified in ELIN A04A or A04B in the Exhibit. In computing payment of actual working hours, time worked 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. For payment purpose, the Contractor

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shall submit a delivery ticket or sales slip which cites the starting time and ending time of service performed and signed by the GRs.

1.4.5.2. Alternate Driver Charge. The Contractor shall be entitled to Kilometer and Hourly rates for alternate driver charge specified in ELIN A03A and A03B in the Exhibit which are based on the published price announced by Kanto District Transport Bureau, MLIT, when the GR 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:

(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 GR when extensive driving hours are expected due to heavy traffic at the time of ordering the service.

1.4.5.3. Overnight Service Charge. The Contractor shall be entitled to an additional charge at the rate specified in ELIN A04D per driver, when and if requested by the Contractor and approved by the GRs. 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 for driver(s) as set by applicable chartered bus regulation and pricing system established by the MLIT and the driver(s) is required to take a break/rest.

1.4.5.4. Parking Lot Charge. The Contractor is required to use commercial pay parking lots to perform services ordered when directed by the designated GR. 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 parking receipts with a monthly invoice.

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

1.4.5.6. 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 ELIN A05A through A05D in the Exhibit. ELIN A05D includes the case that a bus(es) has been placed at the boarding point.

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

1.5. GENERAL INFORMATION

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

1.5.1.1. 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

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transportation (“Unsou-Hikiuke-sho”) complete inspection records and make them available to the Government.

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. OBTAINING EXEMPTION FROM JAPANESE TAXES AND SUBMISSION OF VEHICLE LISTING FOR TAX EXEMPTION CERTIFICATE.

1.5.3.1. 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.

1.5.3.2. 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 Contractor’s submission of requests for the Fuel Tax Exemption.

1.5.3.3. 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.

1.5.3.4. 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.

1.5.3.5. 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.

1.5.4. INSTALLATION BASE PASSES. For access to U.S. Installations, the U.S. Government will issue all required Gate Passes/Vehicle Passes to Contractor personnel at no cost to the Contractor. To obtain passes, the Contractor is required to submit documents IAW each installation instruction. The prime Contractor shall be responsible for all passes issued to his/her own or his/her subcontractor’s employees under this contract. The Contractor shall return all applicable passes upon termination of employment or completion of this contract to the Installation Pass Office.

1.5.4.1. 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.

1.5.4.2. 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

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to the Japanese Compulsory Insurance (JCI), and (ii) Property Damage - ¥3,000,000 per occurrence.

1.5.4.3. Base Escort. In order to enter the U.S. DOD military base & installations without gate passes, the GR 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 GRs and the Installation Pass Offices prior to the service dates.

1.5.6. PERSONNEL (Role and Responsibilities)

1.5.6.1. Ordering Officers at the Installation Transportation Office. The ordering officers referred in this PWS is the individuals who place scheduling orders against the contract and to be designated by the KO.

1.5.6.2. 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.

1.5.6.3. 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.

1.5.6.4. 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.

1.5.6.5. 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.

1.5.6.6. 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).

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1.5.7. 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.

1.5.8. 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.

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

1.5.9.1. 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.

1.5.9.2. The Contractor shall submit these reports to the KO through the GR 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.

1.5.10. 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.

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2. SERVICES SUMMARY

PWS Performance Method of Performance Objective Paragraph Threshold Assessment SS1: Transporting Government personnel as set Customer complaints forth in the Exhibit IAW the 1. and 1.3. shall not exceed 3 per Customer complaint. PWS and applicable GOJ month. laws. Customer complaints SS2: Compliance with the 1.4.2. and shall not exceed 3 per Customer complaint. Government schedule. 1.4.2.1. month. Customer complaints SS3: Type and Capacity of 1.2. and 1.3. shall not exceed 3 per Customer complaint. Buses and Passenger Safety month. Customer complaints SS3: Change of Schedules 1.4.2.5. shall not exceed 3 per Customer complaint. month.

3. GOVERNMENT FURNISHED PROPERTY AND SERVICES. None.

4. APPENDIX.

Appendix A: Delivery Ticket (Sample) Appendix B: Bus Movement Standards of Service & Inspection Checklist

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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- TAKS ORDER NO (オーダー番号): FA5209- SCHEDULING ORDER NO (日程指示番号)：

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):

PASSENGER CAPACITY (定員): SIZE OF BUS (車両サイズ)：Large(大型)/ Small(小型）

FROM (Allocation) (配車場所):

Inspect Start (点検開始): Depart Bus Pool (出庫) Report time (配車): Departure Time (発車):

Via (経由) ：

TO (Destination) (目的地):

Arrival Time (到着): Release Time (終了): Arrival Bus Pool (帰庫): Inspect End (点検終了):

Authorized Signature (責任者サイン):

Remarks (備考):