20R4052 ATTACHMENT E - PWS - Updated 20 Aug.docx

SECTION E

DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT (PWS)

E- 2 Sovereign Immunity.

General. The Contractor shall operate the Vessel and related Vessel systems and equipment in accordance with the rules and regulations of the United States Coast Guard (USCG) and the classification society under which it is classed (see also Paragraph E-3.3.2).

· Sovereign Immunity. The Master, while performing Ship operations, shall advise foreign authorities that the Vessel under this Contract is a sovereign immune Vessel of the United States. Privileges of this status include immunity from arrest or search (whether in foreign internal or territorial waters, or in international waters), immunity from foreign taxation, exemption from any foreign state regulation requiring flying the flag of such foreign state either in its ports or while passing through its territorial sea, and entitlement to exercise exclusive control over persons on board such Vessels with respect to acts performed on board. The Contractor shall observe all guidelines found in ALMSC 020/06 and 026/09 and (Sovereign Immunity guidelines for MSC Ship Masters), which will be provided upon request.

· Foreign Law Enforcement. The Master shall refuse requests from foreign authorities for documents, physical evidence, interviews of personnel, statements, any request to board, examine, inspect, or search the Vessel, and any request for the physical delivery of persons on the Vessel to foreign authorities. The Master lacks authority to comply with such a request, and shall so advise foreign authorities.

· Foreign Port Visits. The Master may, if appropriate, provide a Shore Party List of individuals who will go ashore to the host nation before granting liberty in port if such a list is requested. The Shore Party List may contain only the names and passport numbers of those personnel; no other information shall be provided. Masters shall comply with applicable U.S. and host nation agreements such as status of forces agreements that specify particular procedures for port visits in that country.

E-3 Mission.

E-3.1 Planning. The Vessel is to be employed in worldwide trade for the transportation and/or prepositioning of cargo (including but not limited to hazardous cargoes, explosives, ammunition, vehicular, containerized and general cargoes); and for military readiness, in accordance with the terms of this Charter.

E-3.2 Preposition Location. For planning purposes, Diego Garcia, without guarantee, should be considered the prepositioning locations of the Vessel. However, actual prepositioning location assigned by the Government may vary.

E-3.2.1 Operational Tempo (OPTEMPO). It is estimated, without guarantee, that the Vessel will be at anchor 80% of the Charter period and underway 20% of the Charter period while on-station, including positioning time to and from the deployment area (estimate 30 days each way, total 60 days). The operating tempo may vary. The Vessel shall be capable of deployment to worldwide locations within 24 hours of notification by the Operational Commander designated by the U.S. Navy. The environmental control system shall be capable of operating and maintaining environmental parameters as specified in paragraph E-3.5.3 “Controlled Cargo Environment System” despite Vessel prepositioning in areas with extreme heat, such as the Persian Gulf, or extreme cold. Underway periods shall consist of independent steaming, convoy operations, transit to/from selected ports for Vessel and cargo maintenance, bunkering, or for cargo discharging/loading operations.

E-3.3 Warranty/Description of Vessel.

E-3.3.1 General. The Contractor warrants that the Vessel performing under this Charter Party shall be in full conformity with the requirements of this Charter Party, from the time of delivery and thereafter during the currency of this Charter Party. In particular the Contractor warrants that the Vessel is as described in Part B of this Charter Party and that the Vessel shall be under U.S. flag upon delivery (see DFARS 252.247-7025 at Section I concerning requirements for reflagging work in U.S. shipyards). Should any specification of the Contractor in the contract be in excess of a required specification elsewhere in this contract, the Contractor’s specification shall prevail over the required specification.

E-3.3.2 Regulatory Compliance. The Contractor warrants that the Vessel and all associated equipment shall be in full compliance with all applicable international conventions and all applicable laws, regulations, and other requirements of the nation of registry and of the nation(s) and local jurisdictions to whose port(s) and/or place(s) the Vessel may be ordered hereunder. The Vessel shall additionally operate in compliance with the International Maritime Dangerous Goods Code. The Vessel shall be delivered and maintained in the highest class of a recognized classification society of the International Association of Classification Societies (IACS) and be in compliance with all current safety, health, and pollution regulations promulgated by appropriate authorities, including the latest applicable ISO/IMO regulations. The Contractor further warrants that the Vessel shall have onboard all certificates, records, or other documents required by the aforesaid conventions, laws, regulations, and requirements, including a Certificate of Financial Responsibility meeting the requirements of the U.S. Coast Guard and promulgated pursuant to the U.S. Federal Water Pollution Control Act, as amended, and/or the Oil Pollution Act of 1990.

E-3.3.3 Complement. The Contractor warrants that the Vessel shall have an efficient and legally sufficient complement of Masters, Officers, and crew with adequate training and experience in the operation of all of the Vessel’s equipment.

E-3.3.4 Fuel and Speed Warranty.

E-3.3.4.1 Moderate Weather Service Speed.

E-3.3.4.1.1 Laden. The Contractor warrants that, unless otherwise ordered by the Government, the Vessel shall be capable of maintaining, throughout the period of this Charter Party, the average speed in knots identified in Box 87 on any given moderate-weather passage from sea buoy to sea buoy while fully laden to summer marks. On any such passage as just described at the average speed identified in Box 87, daily fuel consumption in net barrels shall be at the average rate(s) identified in Boxes 89 and 91, for the grade(s)/viscosity(ies) therein identified to be consumed.

E-3.3.4.1.2 Ballast. The Contractor warrants that, unless otherwise ordered by the Government, the Vessel is capable of maintaining, throughout the period of this Charter Party, the average speed in knots identified in Box 88 on any given moderate-weather passage from sea buoy to sea buoy while in a ballast condition. On any such passage as just described at the average speed identified in Box 88, daily fuel consumption in net barrels shall be at the average rate(s) identified in Boxes 90 and 91, for the grade(s)/viscosity (ies) therein identified to be consumed.

E-3.3.4.2 Moderate Weather Variable Speeds. For periods during which the Government orders the Vessel to operate at speeds other than those identified in Boxes 87 or 88, the Contractor warrants that the Vessel's total fuel consumption (including all auxiliaries) in net barrels at those ordered speeds in moderate weather shall be at the average rates identified in Boxes 94a. and 94b. for the stated speed, range, and load conditions for the grade(s)/viscosity (ies) therein identified to be consumed.

E-3.3.4.3 Auxiliaries. The Contractor warrants that the Vessel's fuel consumption (underway/steaming/laden) in net barrels for all auxiliaries, in addition to any fuel consumption identified in Boxes 89 or 90, shall be at the average rate identified in Box 91 for the grades/viscosities therein identified to be consumed, regardless of speed or weather conditions.

E-3.3.4.4 Idle Periods. The Contractor warrants that the Vessel's fuel consumption in net barrels (including all auxiliaries) during all periods at anchor or alongside berth shall be at the average rate identified in Box 92, for the grade(s)/viscosity(ies) therein identified to be consumed.

E-3.3.5 Remedies. Should actual performance or readiness condition of the Vessel show any failure to satisfy one or more warranties or other Charter requirements not due to the fault of the Government, the charter hire may be equitably decreased, this Charter may be terminated, or the Vessel may be placed off-hire, at the Government's option so as to compensate the Government to the extent of such failure. In all cases, the Contractor shall bear the cost of excessive fuel consumption resulting from the Contractor’s breach of its fuel warranties. The foregoing remedies shall not limit other recoveries available under law or within this charter.

E-3.4 Other Compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

E-3.4.1 Compliance with Laws Unique to Government Contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 327, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

E-3.5 Vessel Requirements.

E-3.5.1 Vessel Specification/Capability and Cargo Description. The Vessel shall meet the following minimum specifications:

· Self-Sustaining U.S. Flagged Vessel: Vessel shall be U.S. Flagged upon delivery. Vessel shall be self-sustaining at all 20-foot container holds used to stow the 1,400 TEU of Mission Cargo identified in Attachment N plus an additional 1,000 TEU. All 20-foot container cargo holds that will be used to stow the 2,400 TEU shall be outfitted with cell guides.

· Vessel Age: Any Vessel proposed or substituted for a proposed vessel shall not exceed 25 years in age at time of delivery. Additionally, any Vessel built in a foreign Shipyard shall have a minimum of one (1) year’s documented performance history at the time of offer submission.

· Classified Requirement: Vessel shall conform to certain classified Vessel requirements contained in Appendix Q. Any person viewing this information must hold a security clearance of SECRET or higher.

· Speed: Vessel shall be capable of maintaining an average speed of sixteen (16) knots in moderate weather when fully laden.

· Range: Vessel shall have a minimum operating range of 13,000 nautical miles (nm) at sixteen (16) knots when fully laden in conditions of moderate weather.

· Endurance: Vessel shall have an endurance of 6,500 nm after 60 days of normal on-station operations (e.g., an OPTEMPO of 80% at anchor/in port and 20% underway).

· Breadth: Vessel must be capable of transiting the Panama Canal.

· Draft: Vessel’s maximum summer mean draft when laden with the 1,400 TEU identified at Attachment N, bunkered for 13,000 nautical miles, and using class constants is 34 feet in saltwater.

· Berthing: Vessel shall be capable of messing and berthing a minimum of twenty-five (25) Government personnel (in addition to crew). Lounge and recreation facilities shall be made available to embarked Government personnel.

· Fuel: Vessel main propulsion system and auxiliaries must be capable of operating using the fuel supplied by DLA to Diego Garcia, that is, F-76 and Low Sulfur MGO.

· Software Interoperability: Vessel must possess MS Office programs (Office 2007 or newer) to enable file transfers. To ensure Army cargo operations at ports are not impeded the following are required:

· Ability to transfer and receive e-mail data files and attachments in Microsoft Excel (2007 or newer) format up to 20 megabytes (MB) in size.

· Ability to send and receive cargo load data files in Microsoft Outlook (2007 or newer) format up to 10 MB.

· Vessel shall be outfitted with current Weight and Balance software.

· Data Access: Key ship’s crew enabled, authorized and issued active Common Access Cards (CAC) to allow receipt of encrypted data files.

· Capacity: Vessel shall have a minimum capacity of 2,400 20-foot containers, of which a minimum of 1,400 shall be stowed in a climatically controlled environment, 44 of which shall be stowed on deck. All containers shall be stowed in accordance with IMDG Code requirements for hazardous cargo. Within the constraints of safety, security, net explosive weight, compatibility, or other considerations, the Government may utilize the entire vessel capacity regardless of the minimum requirement. The Government will furnish the 1,400 containers required to accommodate mission cargo and the additional 1,000 containers; these containers will measure 20’L X 8’W X 8’6”H.

· Climate Control: All 20-foot container cargo holds used to stow the 1,400 TEU of mission cargo shall be outfitted with environmental climate control equipment sufficiently robust to maintain each hold within the specifications of 40-50 percent relative humidity and a maximum temperature of 85 degrees Fahrenheit. Specifications shall be met within 15 days of closing the hatch cover. Deck-loaded containers shall be provided a climatically controlled environment (e.g., a cocoon with climate control).

· Cargo Hold Fixed Spray Water Cooling System: A fixed water spray cooling system that meets the requirements of SOLAS II-2/54 shall be provided required in all 20-foot container cargo holds. This requirement is in addition to SOLAS regulation II-2/53, Fire protection arrangements in cargo spaces. The cooling water spray system is required regardless of current proposed Ship Regulatory Body acceptance of existing cargo hold fire-fighting. A drawing depicting the location and layout of the fixed spray water cooling system shall be included within the Offeror’s Proposal.

· Cranes: Vessel shall be outfitted with a minimum of two (2) certified 30 Long Ton SWL or higher Electric-Hydraulic cargo cranes and associated certified lifting gear capable of loading and unloading the cargo containers listed in Attachment N (certified Gantry cranes are also acceptable). All crane cabs shall be air conditioned/dehumidified. Ship’s crew must be trained or certified (as applicable) and capable of operating ship’s gantry/cargo cranes to load/unload containers laden with ammunition.

· Stores Gear: The Vessel shall be outfitted with either a minimum of one (1) stores crane or boom capable of servicing both port and starboard sides, or two (2) stores cranes or booms that between them are capable of servicing port and starboard sides.

· Self-Sustaining Capability: The Vessel shall be self-sustaining at all 20-foot container holds.

· Fender System: Vessel shall be equipped with port and starboard fender system supporting lighterage, watercraft, or high-speed vessels to moor safely alongside in order to conduct in-stream cargo operations while at anchor. Fenders shall be foam or similar (NOT pneumatic/gas) and deployable/retrievable by Ship’s crew.

· Transport Capability: Vessel shall be capable of transporting up to and including Category II Arms, Ammunitions, and Explosives (AA&E) IAW DOD 4500.9R, Chapter 205, Part II (Cargo Movement), Defense Transportation Regulation.

· Hull Perimeter Lighting: Vessel shall be outfitted with Hull Perimeter Lighting as described in Attachment H. A drawing depicting the location of the Vessel’s Hull Perimeter Lighting shall be included within the Offeror’s Proposal.

· CBRN Decontamination Station: Vessel shall deliver with a Chemical, Biological, Radiological, Nuclear (CBRN) Decontamination Station as described in Attachment K. A drawing depicting the location of the Vessel’s Decontamination Station shall be included within the Offeror’s Proposal.

· Crew-Served Weapon Mount Bases. Vessel shall deliver with gun bases as described in Attachment H. Bases shall be welded to either the deck (Mark-16 Mod 9) or to the bulwark (Mark-16 Mod 8). A drawing depicting the type of base and proposed location of each weapon base’s location shall be included within the Offeror’s Proposal.

E-3.5.2 Cargo Gear: The Vessel shall have all lashing gear and tie-downs necessary to secure all container cargo loaded onboard. The Vessel shall be equipped with cargo handling equipment including two (2) certified auto-locking spreader bars with a minimum SWL of 27 tons sufficient to operate a minimum of two (2) holds simultaneously. Alternating one (1) crane between two (2) holds to meet this requirement is not acceptable. The crew shall operate and maintain all cargo handling equipment to the highest commercial marine standards. Vessel shall be powered to operate all cargo gear simultaneously with all other required Vessel equipment such as, but not limited to, AC/DH, hook services, anchor windlass, and mooring winches.

E-3.5.3 Controlled Cargo Environment System.

E-3.5.3.1 Requirement. The Vessel shall be fitted with an operational and efficient automated environmental control system that maintains cargo stowed below deck and up to 44 TEU of Attachment N “Mission Cargo” in a controlled cargo environment. The system shall automatically collect and store relative humidity, temperature and air flow data, generate printed reports on a weekly basis and on demand, be e-mail capable, and download collected data onto a compact disk (CD).

E-3.5.3.2 Controlled Cargo Environment. The controlled cargo environment system shall run automatically, maintain environmentally controlled air in constant circulation (blowers always running), and shall be adequate in capability to ensure all cargo is maintained not exceeding a maximum of 85 degrees Fahrenheit and between 40%-50%, inclusive, relative humidity within the design operating conditions. The design conditions are determined via psychrometric chart with a high limit of 110 degrees Fahrenheit dry bulb, 95 degrees Fahrenheit wet bulb, and 93 degrees Fahrenheit sea water and a low limit of 50 degrees Fahrenheit dry bulb, 43 degrees Fahrenheit wet bulb, and 30 degrees Fahrenheit sea water. The environmental control system shall maintain all required specifications in any climatic condition worldwide. The controlled cargo environment parameters of a maximum of 85 degrees Fahrenheit and 40%-50%, inclusive, relative humidity shall be achieved within 15 days of completion of cargo on-load.

E-3.5.3.3 Environmental Control and Monitoring Sensors. The Vessel shall be fitted with a minimum of one (1) relative humidity and one (1) air temperature sensor for every 150,000 cubic feet of cargo hold volume. At a minimum, there shall be not less than two (2) relative humidity and two (2) air temperature sensors per cargo hold. Sensors shall be re-locatable using detachable extension cables, and mounted within cargo holds on interior surfaces only, away from any surface in contact with the ocean, ballast/fuel tanks, or solar loading. Airflow sensors shall be located at each air circulation blower and will register blower operation. In addition to cargo hold sensors, there shall also be one (1) ambient air temperature sensor and one (1) seawater temperature sensor. At a minimum, relative humidity sensors shall be accurate to plus or minus three (3) percent within 20% to 95% relative humidity, and temperature sensors accurate to plus or minus one-half (.5) degree Fahrenheit with a minimum measurement range of -0 to +140 degrees Fahrenheit.

E-3.5.3.4 Recorded Data. Cargo hold relative humidity and air temperature data, blower operation, and sea water and ambient air temperature data shall be taken in five (5) minute intervals and stored in average thirty (30) minute intervals using a MS Excel compatible report format. Data shall be time and date stamped by an internal clock/calendar set to Greenwich Mean Time. The monitoring system shall store data for a period of not less than five (5) years.

E-3.5.3.5 Required Environmental Data Submissions. The Contractor shall submit an environmental control report on a weekly basis. Sample of such reports are available upon request.

E-3.5.3.5.1 Composition of Weekly Environmental Control Report. The weekly environmental control report shall be submitted to MSCHQ PM52 and the cognizant MPS Squadron Commander. The report shall depict the previous seven (7) days’ worth of environmental data in three (3) separate and distinct data tables. The first data table shall report for each of the previous seven (7) days the average daily relative humidity of each cargo hold. The second data table shall report for each of the previous seven (7) days the average daily air temperature for each cargo hold, the ambient air temperature, and the sea water temperature. The third table shall report for each of the previous seven (7) days the number of circulation blowers running versus the total number of blowers in the system.

E-3.5.3.6 Maintenance of Reports. A copy of each weekly environmental control report shall be maintained onboard the Vessel for the life of the Contract.

E-3.5.3.7 Controlled Cargo Environment Physical Monitoring Requirement. The Master shall ensure physical monitoring of the controlled cargo environment is conducted at least once daily.

E-3.5.3.8 Installation Acceptance and General Layout Drawings. General layout drawings depicting cargo environmental control zones and the locations of all environmental equipment, including sensor locations, shall be included within Offeror’s Proposal. Mathematical calculations used to determine size and quantity of AC/DH equipment needed to meet minimum contractual requirements shall also be included within Offeror’s Proposal.

E-3.5.3.9 Cocoon Reliability and Sustainability. All cocoon(s) used to stow cargo shall be constructed to withstand 100 mph winds and associated rolling seas.

C-3.5.3.10 Cocoon Construction. Cocoon(s) must be constructed in such a manner as to allow cargo discharge operations to commence within six (6) hours of Vessel arrival at the port of discharge. Cocoon(s) shall be capable of being dismantled with minimal degradation/damage (i.e., cocoon(s) can be reused). Cocoon(s) shall be designed to open by rolling within itself (accordion style) or aside rather than exist as a box structure that must be disassembled to commence cargo discharge operations. The time required to ready the Vessel for sea after the loading of the last piece of cargo shall not exceed 96 hours.

E-3.5.4 Cargo Provisions. Attachment N describes, without guarantee, the most likely cargo, including types, quantity of containers, weights and compatibility group to be loaded.

E-3.5.5 Other Vessel Specifications.

E-3.5.5.1 Dry-Docking. Upon delivery, the Vessel shall conform to USCG regulations for extended tailshaft examination intervals found in 46 CFR 61.20-21 and for extended dry-dock examination interval found in 46 CFR 91.40-3(d) through (g). In addition, the Vessel shall not require dry-docking for credit during the Charter Period.

E-3.5.5.2 Tin-Free Delivery. The Vessel shall deliver free of tin-based coating. A Vessel requiring re-coating shall be stripped down to bare metal before repainting with suitable coating. Additionally, a hull requiring repainting shall be fleeted.

E-3.5.6 Other Vessel Requirements.

E-3.5.6.1 Reliability. The Vessel shall have reliable systems that are warranted to perform consistently and shall provide the capabilities as specified in this section. The Vessel shall have onboard spares for each type of boom/crane motor, boom/crane power cable, and boom/crane luffing and hoist cable. To increase the reliability of crane controls, crane cabs shall be air conditioned and dehumidified.

E-3.5.6.2 Air Draft. The maximum allowable air draft when in a light or ballast condition is 135 feet.

E-3.5.6.3 Boat Fueling Station. The Vessel shall be capable of fueling a small boat alongside. The Vessel shall have a diesel fuel system connected to one (1) on-deck fueling station with the necessary attached piping, pumps, hoses, tanks and filler nozzles. The fueling system shall be USCG approved.

E-3.5.6.4 Bunkering. The Vessel shall be capable of being bunkered from a fuel barge or tanker alongside at anchor using standard six-inch hose flanges with camlock fittings. MARPOL regulations for taking samples during bunkering shall apply.

E-3.5.6.5 Accommodation Ladders. The Vessel shall be fitted with accommodation ladders on both port and starboard sides, leading aft, and be fitted with one lower boat-landing platform (capable of handling lighterage, watercraft and High Speed Vessels). The platform shall be attached to the hull with padeyes or clips and be adequately fendered. Fenders shall be foam or similar material (not pneumatic or gas), and be deployable/retrievable by the Vessel’s crew.

E-3.5.6.6 Water-Making Capability. The Vessel shall have the capacity to produce and store thirty (30) tons of potable water per day at anchor in tropical waters (average seawater temperature 83 degrees Fahrenheit) in a Public Health Service approved system.

E-3.5.6.7 Laundry Equipment. The Vessel shall have laundry equipment sufficient in size to meet Officer, crew, and Government personnel needs in addition to the Vessel's laundry needs.

E-3.5.7 Pollution Prevention and Control. The Vessel shall be operated in accordance with all International, Federal, and State pollution prevention and control laws and regulations applicable to commercial vessels. In the event of an oil spill, the Contractor shall provide immediate response capability to stop the outflow of oil and mitigate damage to the environment. For ships sited or conducting a port call at Diego Garcia, environmental concerns require all soaps, detergents and other shipboard cleaning agents contain low levels of phosphate or are phosphate free.

E-3.5.7.1 MSD. The Vessel shall be fitted with a USCG-approved marine sanitation device. The Vessel shall have the ability to process and hold all sewage and grey water discharges for at least thirty (30) days of normal operation. The Vessel shall be outfitted with a sampling port on the overboard line from the MSD to allow the sampling of effluent.

E-3.5.7.2 Incinerator. The Vessel shall be fitted with an incinerator capable of burning both solid waste and waste oil. Any incinerator installed shall meet Annex VI of MARPOL 73/78. It is anticipated the Vessel will be required to use the incinerator to dispose of waste oil when prepositioned at Diego Garcia.

E-3.5.7.3 Oily Water Separator/Waste Oil Reduction. The Vessel shall be fitted with a USCG-approved bilge/oily water separator as well as a waste oil or dirty ballast tank that possesses a minimum of thirty (30) days’ capacity. The Vessel shall employ methods, both through installed equipment and operational practices, to minimize waste oil generation.

E-3.5.8 Spare Parts. The Vessel shall be equipped with an allowance of spare parts (in addition to those required by regulatory bodies) and commensurate storage space sufficient for six (6) months usage in an isolated area.

E-3.5.8.1 Onboard Stores. The Vessel shall deliver with dry stores (general resupply items) sufficient to remain on station for a period of two (2) months. The Vessel shall be capable of storing ninety (90) days dry provisions and sixty (60) days chilled/frozen provisions in storerooms or in containers. Ship's stores/provisions to meet above endurance will be on hand upon arrival at the prepositioning site. Dry provisions shall not be allowed to go below thirty (30) days’ endurance.

E-3.5.8.2 Paint Locker. The Vessel shall have a paint locker outfitted with paint adequate for two (2) months usage on-station. The Vessel shall carry scaling equipment and staging to maintain its topside material condition.

E-3.5.9 Miscellaneous Equipment. The Vessel shall deliver with the following equipment:

· Two (2) VHF-FM transceivers with chargers

· Two (2) trash dumpsters, capable of being offloaded at anchor and large enough to hold five (5) days of normal refuse.

· One (1) set bridge wing signal lights

· One (1) set convoy flags and pennants

· One (1) Long Range Acoustic Device (LRAD) conforming to the following minimum specifications:

· Maximum Beam width: +/- 15 deg at 1 KHZ - 3 db

· Minimum Volume: 146 db at 1 meter, 95 db at 300 meters

· Minimum Usable Range: Intelligent speech at 300 meters

· Automated External Defibrillator (AED)

· Subject to the requirements of the paragraph below, the Contractor shall provide at least one (1) AED unit. Unless otherwise specified in Box 6, all AEDs must be FDA approved and be suitable for Shipboard use. The Vessel's Medical Person-in-Charge shall be trained to operate and maintain the AEDs.

· The Contractor shall provide sufficient AEDs, stored in a location ready for use, to ensure that response time to Shipboard medical emergencies does not exceed five (5) minutes from any location on the Vessel. AEDs shall be stored in a location that is accessible to trained rescuers.

E-3.5.10 Vessel Name. The Government shall have the option to require the Contractor to change the name of any Vessel chartered to a name of the Government’s choice at no additional cost to the Government. For planning purposes, the Vessel will be named MV SSG EDWARD A CARTER JR, without guarantee.

E-4 Crew Qualifications.

E-4.1 Crew as Agents of Owner. The Master, Officers and crew of the Vessel shall be appointed or hired by the Contractor and shall be deemed to be the servants and agents of the Contractor at all times, including during cargo operations, except as otherwise specified in this Charter. The Master of the Vessel shall be under the direction of the Government with regard to the employment of the Vessel but shall not be under Government's orders with regard to navigation, care, and custody of the Vessel. The Vessel’s crew shall be trained, qualified and medically fit sufficient to accomplish the requirements of the Performance Work Statement (PWS) and consistent with the Vessel’s mission. The Master, Officers and crew shall be U.S. citizens; the Master, Officers and crew shall be able to communicate in spoken and written English and possess valid and current certificates, licenses, and documents. Deck and Engine Officers shall meet requirements of the USCG and STCW and possess current, valid USCG licenses, including Radar Observer endorsement for Deck Officers, commensurate with the tonnage and classification of the Vessel. GMDSS operators and maintainers shall be properly licensed and certified. Licensed personnel shall have the necessary endorsements on their USCG Merchant Mariner's Document for the job to which they are assigned. The Master, Officers and crew shall hold valid U.S. passports for the full length of their assignment onboard.

E-4.1.1 RESERVED.

E-4.1.2 Crew Appearance. The Contractor shall ensure the appearance, dress and behavior of the Officers and crew are a credit to the Government. Accordingly, the Contractor shall establish and enforce appropriate dress and grooming standards for shipboard personnel (e.g., khakis or white coveralls for officers and blue for unlicensed crewmembers) in order to distinguish officers from non-officer crew and to facilitate the identification of non-crew personnel.

E-4.2 RESERVED.

E-4.3 Common Access Cards.

E-4.3.1 Common Access Card (CAC). The Common Access Card is Government Furnished Property. The Contractor shall ensure that the top two (2) Officers (Master and Chief Mate) serving aboard the Vessel are issued a CAC. The CAC shall not be used for any unauthorized purpose. Fees associated with obtaining CACs are for the Contractor’s account.

E-4.3.2 Authorized Personnel. CACs are to be issued through the auspices of a Trusted Agent only to U.S. Citizens, U.S. Permanent Resident Aliens, or such other individuals as may be authorized by Commander, Military Sealift Command (COMSC).

E-4.3.3 National Agency Check with Inquiries (NACI). To be eligible for a CAC, contract mariners and Contractor personnel shall, at a minimum, have completed an FBI fingerprint check with favorable results and have initiated a NACI conducted by the Office of Personnel Management (OPM), or a DoD determined equivalent investigation.

· An individual holding a valid SECRET clearance or higher shall not require an additional NACI.

· Unfavorable results on the fingerprint check or failure to submit to a NACI will disqualify a mariner from obtaining a CAC.

· If a Contractor employee is given an adjudication of “Access Suspended”, “Interim declination”, “Loss of Jurisdiction”, “No Determination Make”, or has their clearance eligibility otherwise revoked or withdrawn, the Contractor shall immediately inform the Contracting Officer in writing.

· Prior to issuance of a CAC to a foreign national, the NACI must be completed and favorably adjudicated. Foreign nationals are ineligible to receive an interim CAC.

E-4.3.4 Contractor Verification System (CVS). Upon receipt of favorable fingerprint check results and the initiation of a NACI, the Contractor shall sponsor their personnel in the CVS with the submission of a CVS Registration Request to a CVS Trusted Agent. The Trusted Agent shall enter the Registration Request into the CVS on behalf of the mariner. Requests for CACs will not be entered into the CVS without favorable fingerprint check results and the initiation of a NACI at a minimum.

E-4.3.5 RESERVED.

E-4.3.6 Tracking and Disposition. The Contractor shall be responsible for the control of CACs issued to its mariners and personnel under MSC contract. In order to ensure positive control of CACs, the Contractor shall surrender to the Trusted Agent all CACs issued in the performance of this Contract upon: 1) Termination of the Contract; 2) Redelivery of the Vessel; or, 3) As directed by the issuing authority, the Trusted Agent, or the Contracting Officer.

E-4.3.7 RESERVED.

E-4.3.8 CAC Reporting. A report shall be made to the Contracting Officer within 24 hours of discovering any CAC is lost, stolen, or destroyed. The Contracting Officer will then generate a report to 1) the Trusted Agent for cancellation of the card, 2) the local U.S. Military Security Office, and 3) the appropriate MSC Squadron Commander.

E-5 Anti-Terrorism/Force Protection (AT/FP) Requirements. The Contractor shall comply with COMSCINST 5530.3 (series) which is the primary reference on antiterrorism and force protection matters and establishes minimum requirements and standards for MSC ships. MSC Area Commanders will direct additional security measures as the local threat condition warrants. See Attachment H for additional information regarding AT/FP requirements.

E-5.1 Security in Port. For vessels in port, the Contractor shall provide, at its own expense, a gangway security watch and roving patrol in accordance with COMSCINST 5530.3 (series). The gangway security watch shall keep a log of all arrivals and departures of non-assigned personnel. When visiting ports which pose higher than normal security threats, additional security may be required to meet a Force Protection Condition (FPCON) set by the Operational Commander. The Contractor will be reimbursed for reasonable and direct expenses actually incurred in implementing any additional security measures including additional security guards authorized by MSC.

E-5.2 Security at Sea. The Contractor shall implement Shipboard security measures against terrorism, hostage situations, demonstrations, sabotage, piracy or hostile acts at all times, with increased situational awareness while sailing in high threat areas. The Contractor shall display appropriate international signals indicating special operations or dangers to navigation for approaching ships and shall comply with MSC Standard Operating Manual (SOM), COMSCINST 3121.9 (series).

E-5.3 Operational Security (OPSEC). The Contractor shall train crews in OPSEC awareness. The Contractor shall take the following minimum precautions, as directed by the Operational Commander:

· Personal Security: The Contractor shall avoid telephone discussions or face-to-face conversations that can be overheard by unauthorized personnel when discussing mission related information. The Contractor shall avoid discussing any aspect of operations or capabilities outside the work place, and indications that strangers have focused on an individual or have a probing interest in ship operations. Where terrorism is a threat, the Contractor shall instruct personnel to vary routines and predictable habits and travel in groups for safety.

· Physical Security: The Contractor shall consider information concerning physical guards, space security, firearms onboard, custodial controls, emergency destruction procedures and capabilities, and threat reaction procedures and capabilities as closely held information. Emergency action drills to practice responding to threats should not be observed by anyone other than authorized crewmembers.

· Vessel Arrival in Port: The Contractor shall restrict the knowledge of the Vessel's scheduled port calls to those members of the Contractor's staff with a need to know. The Contractor shall arrange travel of port captains and port engineers and shipment of supplies so as to limit forewarning of the Vessel's actual arrival.

· Vessel Departure: To the degree possible, the Master shall make arrangements for sailing in a way that conceals and limits knowledge of sailing intentions (date and hour). As practicable, the Master shall avoid obtaining items such as charts and other materials that might indicate the future areas of operations of the Vessel.

· Vessel Operations: The Master shall maintain radio silence on HF, VHF, or UHF except as authorized by Squadron or Operational Commanders. The Master shall use evasive maneuvers and recognition signals with U.S. aircraft or other ships as directed.

· Reports: The Master shall not release reports that can be used to determine patterns of Vessel movements and operations to international organizations.

E-5.4 Contractor's Responsibility When Embarked Security Team (EST) is Aboard. The Master shall maintain the Vessel in the Force Protection Condition (FPCON) set for its current location. This may include the supporting of an embarked military security detachment or Embarked Security Team (EST) which will operate under their Joint Chiefs of Staff military chain of command and the Standing Rules of Engagement. Under Article 0847 of U.S. Navy Regulations and COMSCINST 5530.3 (series), the Master is relieved of responsibility for actions taken by the EST. The Vessel may also be directed to carry other embarked Government or commercial force protection personnel as required in high threat areas. The Government will reimburse the Contractor for extra guard service to include crew overtime for increased force protection condition postures in high threat areas. See Attachment H for additional information.

E-5.5 Force Protection Implementation. The contractor shall ensure all shipboard force protection practices are conducted in accordance with COMSCINST 5530.3 (series), MPS Squadron Commander directives and applicable Navy message updates. See Attachment H for additional information.

E-5.6 Government Furnished Force Protection (FP) Equipment. The Contractor shall maintain all Government furnished FP equipment, including small arms ammunition, in accordance with applicable standards, and maintain accountability in accordance with COMSCINST 5530.3 (series).

E-6 Medical Requirements for Crewmembers. The Contractor shall provide crewmembers who have been screened by multiphasic examinations and who have prescribed medical records in their possession when reporting aboard. The Contractor shall ensure all crewmembers bring to their embarkation point a copy of their latest medical screening results and immunization record, two (2) pairs of any prescription eyeglasses or contact lenses, and a record of current medications with a supply sufficient for the duration of articles. Should the Vessel be deployed to Diego Garcia, the Contractor shall have each crew member certified by a designated maritime licensed physician to be fit for duty in an isolated area as specified in COMSCINST 6000.1 (Series).

E-6.1 Medical Person in Charge (M-PIC). The Ship’s officer designated as Medical Person-in-Charge (M-PIC) shall maintain for each crew member (1) a listing of all current medical diagnoses; (2) a listing of all medications currently prescribed and utilized; (3) International Certificate of Vaccinations PHS-731 (Rev 2-69) or an equivalent and (4) any additional pertinent information on medical care which has been obtained since the crewmember’s most recent MSC medical examination. Medical records for each crewmember shall be made available to any medical provider ashore who examines the crewmember. The M-PIC shall ensure each crewmember returning to the Vessel provides the M-PIC any applicable documents given them by a local physician or clinic each time they are examined or treated ashore.

E-6.2 Medical Advisory Services. The Contractor shall subcontract for medical advisory service for the Vessel. The medical consultation shall be available twenty-four (24) hours per day, seven (7) days a week, from a licensed physician with emergency medical experience and who is knowledgeable of shipboard living conditions. This service may be provided by either the Contractor’s designated licensed physician or by another medical facility. The facility/physician shall have sufficient communications capabilities to assure ships deployed worldwide can rapidly initiate and maintain contact with clarity. The physician/facility shall be available to communicate with the Vessel within five (5) minutes of establishment of direct communications. All costs associated with the Medical Advisory Services shall be for the Contractor’s account.

E-6.3 Supplemental Immunizations. The Government may choose to establish immunization programs for mariners through written policies. The Contractor shall ensure that all Masters, officers and crewmembers comply with all such immunization programs. Notification of additional immunization requirements pursuant to this section will be provided to the Contractor by the Contracting Officer.

E-6.4 Food Handlers. The Contractor shall comply with 46CFR 10.215(d)(2) which requires mariners applying for the Steward Department Food Handler endorsement provide a statement from a licensed physician, physician assistant or nurse practitioner attesting that the applicant is free of communicable diseases. The Master shall maintain on file for all food service employees currently assigned the medical examiner’s statement and subsequent annual medical screening of food handlers IAW COMSCINST 6000.1 (series) Chapter 6, Section 6.5 (a)4-4.

E-6.5 Ship Sanitation Exemption Control Certificate (SSECC). The Contractor shall ensure the Vessel is SSECC-certified at all times IAW guidelines delineated in the World Health Organization, International Health Regulations (IHR) of 2005 and BUMEDNOTE 6210 dated Nov 2007. This certification is required to be completed every 6 months. The Contractor shall arrange to procure the necessary SSECC Inspection Certification.

E-6.6 Custody of Medical Items Including Controlled Substances. The Master shall ensure all medical equipment is maintained in good working order at all times. The Master shall establish and maintain adequate and reasonable controls and procedures for the custody and safekeeping of all medical supplies and equipment. The quantity and type of controlled medicinal substances are limited to the AMAL (Authorized Medical Allowance List) requirements. The Master shall maintain and inventory controlled substances (e.g. narcotics) IAW COMSCINST 6000.1 (series) and NAVMED P-117 and include, as a minimum, the following steps:

· The Master shall designate in writing an “Inventory Board” to include the Master and one (1) or two (2) other officers not directly involved with procurement.

· The Inventory Board shall conduct a quarterly inventory of all controlled substances and sign a written record of such inventory for the file.

· Upon the relief of one (1) Master by another Master, the two (2) shall conduct, record and sign a full inventory of the controlled substances.

· The Contractor shall report to the Contracting Officer any unauthorized use of controlled substances or any discovered discrepancy and record in the Ship’s Log and Medical Journal.

E-7 Government Transportation of Supplies and Personnel.

E-7.1 Government Provided Services. The Government-provided services for transportation of personnel and supplies to the deployment area and repatriation of crewmembers are as follows:

E-7.2 Transportation of Crew and Other Personnel. All costs for crew and other personnel transportation are for the Contractor’s account and will not be reimbursed. Notwithstanding this, the Government will provide, on a reimbursable basis, air transportation of crewmembers, Port Captains and Port Engineers between either Singapore or Bahrain and Diego Garcia in accordance with established Joint Travel Regulation (JTR) rates and as limited by this Paragraph. Unless prior approval is obtained from MSC PM5L, all inbound flights must arrive through Bahrain. Outgoing flights may be scheduled through Singapore or Bahrain. The Government will reimburse up to a maximum of four (4) round trip flights per billet per year unless a lower number is proposed by the Offeror/Awardee and accepted by the Government. Transportation shall be used for crew and personnel travel at the Contractor’s discretion. Should the Contractor exceed the maximum allowed number of flights, a deduction for each flight over the allowed number will be made (approximately $1,450 per round trip flight Diego Garcia - Bahrain and approximately $1,200 per outbound flight Diego Garcia - Singapore).

E-7.3 Emergency Repatriation. While the Vessel is assigned to PREPO service, emergency repatriation shall be obtained through commercial agencies except as expressly provided in this Paragraph. Should the Vessel be assigned PREPO duties at Diego Garcia, the Government will provide emergency transportation only between the Vessel's port of anchorage and U.S. facilities in the Far East. The Contractor is required to screen all crewmembers to ensure their suitability for isolated duty. All emergency repatriation costs incurred as a result of inadequate or improper screening by the Contractor of crewmembers for PREPO service shall be solely for the account of the Contractor. The MSC Medical Officer's opinion as to the adequacy of such screening shall be final. All repatriation costs necessitated by employee termination, personal injury or illness, including emergency medical evacuation (MEDEVAC), will be for the Contractor’s account.

E-7.4 Boarding. The Contractor shall require all crewmembers to report to the designated embarkation point in sufficient time for Government-designated medical personnel to perform a records review. Crewmembers not in possession of the items listed in Section E-6 will not be permitted to board the aircraft.

E-7.5 Transportation of Supplies and Parts. The Contractor shall arrange for the transportation of all parts/supplies and other property to the Vessel unless otherwise directed by the Contracting Officer. The Contractor shall not co-mingle the transportation of reimbursable parts/supplies and other Government property with the transportation of provisions, consumables and other items that are provided by the Contractor. The Contractor will be reimbursed the reasonable and fair costs per transportation industry standard rates for transportation of the reimbursable parts/supplies and other Government property. The Master shall maintain and update the Ship’s Cargo Routing Address in the CRIF (Cargo Routing Information File) maintained by NAVSUP Logistics Operation Center.

E-7.5.1 Transportation of Supplies and Parts when Deployed to Diego Garcia. Should the Vessel be deployed to Diego Garcia, the Contractor will be able to ship routine general consumable supplies and provisions to a Government terminal in Singapore for onward movement to the Vessel. The Government will provide surface transportation (dry cargo only) of supplies, repair parts and stores from the normal loading port of Singapore to the Vessel. Government air transportation will be provided for high priority material from Singapore to Diego Garcia.

E-7.6 Air Shipments. Should the Vessel be deployed to Diego Garcia, parts required to correct casualties (i.e., breakdowns affecting the Vessel's basic capabilities) and other parts required for immediate use may be air shipped by the Government from Travis AFB, CA or other Aerial Port of Embarkation (APOE), when authorized by MSC PM5L. The Contractor shall (after authorization) obtain an air clearance from Navy Materials Transportation Office (NAVMTO) Norfolk, VA for each shipment. Both authorization and clearance require the shipper to construct Transportation Control Numbers (TCNs). The Contractor shall comply with all shipment procedures contained in COMSCINST 4470.1 (Series), as revised. Other APOE in-theater shipments must be authorized by COMSCFE N4. Due to the higher cost of air shipment, all material requests for air shipment from Singapore to Diego Garcia will be reviewed by MSCFE N4.

E-7.7 Transportation Changes. The nature of the Government transportation of supplies and personnel described above will be determined at the option of the Contracting Officer. Transportation will normally take the form of travel on Government-owned or chartered vessels or aircraft. The Government may authorize the Contractor to ship any materials commercially with Government reimbursement of shipping costs.

E-7.8 Overlapping Crew Wages. The Contractor should assume, and include in its proposed per diem rate, a two-day turnover period in Diego Garcia (solely)…