23R4017 Attachment IX (I) - Performance Work Statement.pdf

N321B TANKER PROJECT OFFICE FUTURE OPERATIONS

TANKER PERFORMANCE WORK STATEMENT

MSC TANKTIME

VESSEL(S) REQUIRED:

This service is the primary storage/transportation method for Defense fuels throughout the INDOPACOM AOR and therefore mission essential to the US Navy and Department of Defense.

One clean, approved upon delivery U.S. or foreign flag to be reflagged prior to delivery, double hull tanker with an Inert Gas System (IGS) and Segregated Ballast Tanks (SBTs) that is capable of carrying a minimum of 270,000 BBLS of clean petroleum products (intention JP8, JP5, F76) within the vessel’s natural segregation in designated cargo tanks with double valve isolation and with the following minimum particulars:

(COVID-19 Language)

a) 1) Owner will provide the MSC Area Commander with any report required under U.S.

Coast Guard Marine Safety Information Bulletin 02-20 (Change 3) (requiring hazardous conditions be reported), prior to entering the port.

2) Owner will provide in its proposal its company’s health and safety plans related to COVID-19 and confirm that the health and safety plan will meet the requirements of MSC QMS N2.35.6100.1-Q, “COVID-19 Command Response Plan” (“the QMS”), Rev.

9, dated 4 June 2021 unless and until MSC rescinds or replaces all or part of the QMS. While not evaluated, upon award, this plan shall become contractually binding on the offeror.

3) Owner is advised that due to the time-sensitive and critical nature of the mission, including environmental factors, the Excusable Delay provision shall not apply if delay was caused by a breach of Owner’s Health and Safety Plan cited above or was otherwise reasonably preventable by following U.S. Coast Guard or Center for Disease Control COVID-19 guidelines in publication at the time of breach.

4) The ship-owner agrees to have a minimum of three (3) COVID-19 rapid test kits per crew member onboard the ship upon delivery or upon tendering Notice of Readiness as applicable.

(Vessel Requirements Due with Offer)

b) Owner warrants vessel crew and other embarked personnel may be ordered by the charterer to stay aboard the vessel during port visits under this charter as deemed necessary by the charterer or local government authorities. Further, the ship-owner agrees that the charterer may limit access to the vessel by any shore-side personnel upon the vessel’s port calls during this charter.

c) Owner warrants that vessel is a party to the Ship Inspection Report (SIRE) System, and offerors must provide a copy of the current Q-88 with offer (no more than 60 days old).

In the event that a new construction is offered, the owner warrants that vessel will be a party to the Ship Inspection Report (SIRE) System, and offerors must provide a copy of the current as soon as possible post-award..

d) The Q-88 provided in c) shall detail current acceptances and dates of inspection. In the event that a new construction is offered, and the vessel has not entered commercial service, only requirements in c) are to be provided.

e) Owner warrants that the vessel has not been rejected or refused by any Charterer since the inspections leading to the said SIRE report in c). In the event that a new construction is offered, and the vessel has not entered commercial service, only requirements in c) are to be provided.

f) Owner warrants vessel’s age will be less than 20 years for the duration of the charter.

Vessels that will exceed 15 years during the charter period shall be enrolled in their classification society’s Condition Assessment Program (CAP) and be rated CAP 2 or better before commencement of vessel’s (15th) year.

g) Owner warrants the vessel will comply with all applicable USCG regulations.

h) Owner warrants the vessel is approved for non-coastwise voyages or in the event that a new construction is offered, the owner warrants that the vessel will be approved for non-coastwise voyages.

i) Owner warrants vessel will have the ability to load a minimum of 270,000 bbls JP8, JP5, JA1 OR F76 while not to exceeding a laden draft of 12.0 meters.

j) Owner warrants vessel will not exceed a maximum LOA of 190 meters.

k) Owner warrants vessel will not exceed a maximum Beam of 32.31 meters.

l) Owner warrants vessel will not exceed a maximum deadweight tonnage (DWT) of 60,000 MT (Re-measuring DWT is allowed at owner’s expense).

m) Owner warrants vessel will have Segregated Ballast Tanks (SBT).

n) Owner warrants vessel will have an Inert Gas System (IGS).

o) Owner warrants vessel will not exceed a maximum manifold height above water line of

14.3 meters while fully laden with cargo upon departure from the load port.

p) Owner warrants vessel will be equipped with a minimum of a 10-ton boom lift capacity at the manifold for lifting cargo hoses.

q) Owner warrants vessel will have a minimum of three segregations with double valve isolation between each segregation.

r) Owner warrants vessel will be able to machine-wash cargo tanks, as applicable, while underway.

s) Owner warrants vessel will be able to clean, mop, dry and inert cargo tanks within three

(3) days’ notice by the Government during performance of the charter when required.

t) Owner warrants vessel will be able to perform cargo operations at offshore petroleum facility.

u) Owner warrants vessel will be able and equipped to perform cargo operations pier side.

v) Owner warrants vessel will be able to perform cargo operations at anchorage (lightering).

w) Owner warrants vessel will be able to perform cargo operations underway via fueling at sea (CONSOL) stations.

x) Owner warrants vessel will be capable of maintaining a minimum Speed of Advance (SOA) of 13 knots in moderate weather (Force 5) while laden.

y) Owner warrants vessel will have a minimum of 12 berths available for additional government embarked personnel.

z) Owner shall provide a copy of vessel’s current Class Society issued Safety Management Certificate or in the event that a new construction is offered, the owner warrants the vessel will be issued a Safety Management Certificate and the owner will provide a copy after award immediately upon its issuance.

aa) Owner shall provide a copy of vessel’s current Flag State issued International Ship Security Certificate or in the event that a new construction is offered, the owner warrants the vessel will be issued an International Ship Security Certificate and the owner will provide a copy after award immediately upon its issuance.

bb) Owner will provide a copy of Certificate of Inspection (COI) or in the event that a new construction is offered, the owner warrants the vessel will be issued a Certificate of Inspection (COI) and the owner will provide a copy after award immediately upon its issuance.

cc) Owner will provide, if vessel cargo tanks will have heating coils, coil type or composition (such as stainless steel, copper, etc.)

dd) Owner will provide, if vessel cargo tanks are or will be internally coated, the coating type (epoxy, inorganic zinc, etc.). Coal tar coating is not acceptable. If tanks are not or will not be coated then state “none”. Vessels with coatings that are incompatible with the fuel to be carried will be rejected.

ee) Owner will provide copies of Certificates of Quality (COQ) for last three cargoes. In the event that a new construction is offered, and no cargoes have been carried in any cargo or slop tanks, the owner will not have to provide COQs at time of offer but must comply with requirements in kk) and provide copies post Award. These Certificates shall contain all test data required by specification for the products that were previously loaded (last three). Vessel Certificates of Quality from vessel post-load samples are preferred, but if unavailable, shore tank Certificates of Quality representing quality of product loaded are acceptable. The Certificates of Quality shall contain the test data required by the specification for the product which were loaded. They shall be submitted for each shore tank as well as the vessel tanks after loading (composite sample). MSDS or product specification sheets with results of “typical” are not acceptable. Additionally, the following are required for the specific products mentioned:

1. Naphtha / Condensates: Mercaptan Sulphur, reported in “parts per million” (ppm) or

“mass percent”, or Doctor Test (ASTMD 4952). Otherwise, Certificates of Quality should contain the test data required by the specification for the products which were loaded.

2. Gasoline (Motor or Aviation): It must be stated whether the previous product was “leaded” or “unleaded”. This is needed to determine cargo tank “safe entry” testing requirements.

3. Fatty Acid Methyl Esters (FAME): The provisions of DLA “Minimum Requirements for Preparation of Cargo Tanks Table 9-30-2021,” note 5 apply. When any of the last three non-DLA-E cargoes have consisted of diesel or heating oil products, FAME test (EN 14078 and ASTM D7371) results shall be provided for each applicable cargo;

examples of diesel or heating oil products include, but are not limited to, ULSD, DF1, DF2, DS1, DS2, DSS, DSW, MGO, Gasoil, FS1, FS2, FS4, FS5, FS6, and IFO. In scenarios where FAME testing is not available for non-DLA-E cargoes, the applicable cargo shall be deemed to have contained FAME greater than 5 vol % and evaluation will be conducted under the Minimum Requirements for Preparation of Cargo Tanks Table 9-30-2021 under procedures for biodiesel blends greater than B5.

ff) Owner warrants vessel will be able to take upper, middle, lower, bottom, and all level samples of the cargo (to include OBQ & ROB) without contaminating them from the sampling location. If unable to do so or if the sampling location is contaminated or suspected to be contaminated, Owners agree, Charterer will require open sampling on a tank-by-tank basis, consistent with safety and local terminal regulations.

gg) Owner warrants the vessel will be equipped with a separate, suitable, and securable communication space designated and equipped for the Government to operate and maintain special communications equipment.

1) The space, at a minimum shall have adequate square footage in which Contractor-furnished and MSC-furnished equipment can be operated and maintained. While MSC furnished equipment is installed, the Vessel shall be capable of supporting secure (encrypted) communication equipment by complying with DOD and DON guidance on proper access, handling and disposition of classified material.

2) The Contractor shall comply with physical security requirements in the following publications, available upon request:

A) DOD Manual 5220.22-M (Industrial Security Manual for Safeguarding Classified Information) and DOD 5220.22-S (COMSEC supplement)

B) SECNAVINSTs 5510.30 (series) and 5510.36 (series) C

C) COMSCINST 2280.3 (series) (COMSEC and EKMS Policy)

3) The Contractor warrants all crew shall comply with all DOD and DON guidance on proper access, handling and disposition of classified material.

hh) Owner warrants agreement to all other terms and conditions as per TANKTIME 08/20 (Rev.2 (08-21)). Counters to TANKTIME 08/20 terms are not acceptable until written confirmation is provided by the charterer.

(Vessel Requirements Post Award)

ii) Per Owner’s warrant in d), the Owner will provide at least one SIRE inspection not more than six months prior to the commencement of laydays under this charter; offeror shall warrant that such inspections were satisfactory.

jj) Per Owner’s response to cc), if vessel cargo tanks have heating coils, owner will provide the date heating coils were last pressure tested and the results of the test (passed or failed). Date of last pressure test cannot exceed 12 months for duration of this charter.

Vessel tanks with copper or yellow metal compounds are not acceptable for Jet Fuel cargoes.

kk) Where cargo is carried after contract award and prior to delivery the Owner will provide cargo type/description prior to loading, and applicable Certificates of Quality (to include all test data required in the initial RFP) for review within 48 hours after loading said cargo. Test shall be on a sample taken from the ship versus a representative sample from a shore facility. Any rejection of the Certificates of Quality by the Government due to incompatibility with the proposed cargo shall result in the Government cancelling this contract at no cost to the Government. This compatibility will be assessed using the DLA-E Minimum Requirements for Preparation of Cargo Tanks Table 9-3-2021, hereby incorporated into the RFP and available upon request

ll) The Owner will provide within 30 days of award the following supporting information:

1. Delivery Schedule/Progress Chart. The Owner will provide an initial Plan of Action and Milestones (POAM) in Microsoft Project compatible format. The

POAM Gantt chart shall include the major tasks affecting delivery of the vessel including all modifications or reflagging requirements if applicable. Each task shall contain the below information with a projected delivery date shall be provided.

A) The anticipated start date, end date and overall duration

B) Task dependencies, usually indicated by arrows on the Gantt chart (“x” must be completed before/after “y” starts, milestone “a” must be passed before task “b” starts, etc.)

C) The critical path, typically defined as the sequence of project activities , which add up to the longest overall duration. This determines the shortest time possible to complete the project. Any delay of an activity on the critical path directly affects the planned project completion date.

2. QMS Certification. The operating company of the vessel will be an ISO 9001

Compliant organization that has a functioning Quality Management System (QMS) and has been certified by an accredited organization.

3. General Arrangement Drawings & Vessel Photograph. The Owner will provide a complete set of General Arrangement drawings and a Vessel Photograph to include on one drawing proposed locations on the ship’s deck where (2) CONSOL stations on same side would be located onboard the vessel. In the event that a new construction is offered, the owner will provide a complete set of General Arrangement drawings immediately upon their issuance.

4. CONSOL Drawings & Diagrams. The Owner will provide all drawings and diagrams referenced in Attachment M for CONSOL stations. In the event that a new construction is offered, the owner will provide a complete CONSOL Drawings & Diagrams 30 days after issuance of General Arrangement Drawings.

5. CONSOL Pull Test Plan. The Owner shall include a POAM for the CONSOL

Pull Test referenced in Attachment M. In the event that a new construction is offered, the owner will provide a POAM for the CONSOL Pull Test 30 days after issuance of General Arrangement Drawings.

6. CONSOL Operations SMS Procedure. The Owner shall include an SMS procedure detailing how the ship crew will perform CONSOL operations.

7. The vessel crew shall be trained and equipped to perform cargo operations via fueling at sea stations (CONSOL) within 6 months after award.

(Vessel Requirements Due At Delivery)

mm) The vessel will be in a clean, gas-free condition and ready for internal tank inspection of the cargo tanks, which will be used to carry this product. These tanks and all additional cargo tanks, ballast tanks, slop tanks and/or void spaces adjacent to these tanks shall be clean and certified as gas free by a Certified Marine Chemist for the tank inspection prior to the ship being allowed to load the Government’s cargo. The Offeror shall provide at the owner’s expense a Certified Marine Chemist to certify the ship’s tanks are safe for entry for the internal tank inspection by the Government and/or Charterer representative. The Certified Marine Chemist must enter all the ship’s cargo tanks in advance of the Quality Assurance Representative (QAR) and perform a full four-corner entry inspection. Certified Marine Chemist’s inspection must include all tank pockets identified by the QAR to the satisfaction of the QAR. If a prior (last, 2nd to last, or 3rd to last) cargo contained a percentage of benzene, the Owner’s Certified Marine Chemist must arrive to the vessel equipped with benzene detection tubes to measure toxicity for benzene content. Acceptable benzene levels are as follows: (1) the maximum time-weighted average (TWA) exposure limit is 1 part of benzene vapor per million parts of air (1 ppm) average for an 8-hour workday and (2) the maximum short-term exposure limit (STEL) is 5 ppm for any 15-minute period. Gasoline tanks, after cleaning should be ventilated with forced air or acceptable means for as long as possible to ensure levels are reduced enough to allow entry. All safe for entry / toxicity / flammability assessments shall be performed in the presence of the inspecting QAR. Contractor shall provide time needed to re-inert after inspection.

nn) The proposed vessel’s cargo tanks nominated by the owners to load the intended cargo will be compatible with the intended cargo. This compatibility will be assessed using the DLA-E Minimum Requirements for Preparation of Cargo Tanks Table 9-30-2021, hereby incorporated into the RFP and available upon request. The assessment for compatibility will be conducted based on the Certificates of Quality for the vessel’s last three cargoes.

oo) Vessel will meet all MSC requirements for reporting. Vessel will provide position/status reports in-port and at-sea every six (6) hours daily at 0000, 0600, 1200, and 1800 hours local Washington, DC time (GMT-5 EST/GMT-4 EDT) and 72/48/24/12 hour pre-arrival notifications for all ports to Area Command and COMSC TANKERS. Reports will be sent to the following email addresses:

1. MSC_BWC@US.NAVY.MIL

2. COMSC.TANKERS@NAVY.MIL

3. DESC-BIT@DLA.MIL

pp) Vessel will submit a MONTHLY VOYAGE ABSTRACT form on a monthly basis and emailed to COMSC.TANKERS@NAVY.MIL no later than the 1st day of the month following the month of performance. For time charters that complete prior to the end of the month, the report must be received no later than two calendar days after completion of charter (off-hire). Entries must start with the date the ship presents NOR and is accepted on hire. All columns must be completed as noted. Pull down menus for columns C, X and Y are the only comments to be use. Built in macros/formulas are not to be altered.

qq) Vessel will maintain fuel oil reports (Monitoring and Consumption) and will be recorded daily and submitted monthly in compliance with the Navy Energy Usage Reporting System (NEURS). NEURS reports shall be submitted in the required format by email to MSC_N7_NEURS@US.NAVY.MIL and COMSC.TANKERS@NAVY.MIL on a monthly basis, no later than the third day after the end of the reporting period.

rr) Owner will submit estimated port expenses on a monthly basis and emailed to COMSC.TANKERS@NAVY.MIL no later than the 1st day of the month following the month of performance.

ss) Safeguarding Covered Defense Information and Cyber Incident Reporting

The following language shall be used to supplement DFARS Clause 252.204-7012 entitled, "Safeguarding Covered Defense Information and Cyber Incident Reporting".

1. System Security Plan and Plans of Action and Milestones (SSP/POAM) Reviews

a) Within thirty (30) days of contract award, the Contractor shall make it’s System Security Plan(s) (SSP(s)) for its covered contractor information system(s) available for review by the Government at the contractor's facility. The SSP(s) shall implement the security requirements in Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.204-7012, which is included in this contract. The Contractor shall fully cooperate in the Government's review of the SSPs at the Contractor's facility.

b) If the Government determines that the SSP(s) does not adequately implement the requirements of DFARS clause 252.204-7012 then the Government shall notify the Contractor of each identified deficiency. The Contractor shall correct any identified deficiencies within thirty (30) days of notification by the Government. The contracting officer may provide for a correction period longer than thirty (30) days and, in such a case, may require the Contractor to submit a plan of action and milestones (POAM) for the correction of the identified deficiencies. The Contractor shall immediately notify the contracting officer of any failure or anticipated failure to meet a milestone in such a

POAM.

c) Upon the conclusion of the correction period, the Government may conduct a follow-on review of the SSP(s) at the Contractor's facilities.

The Government may continue to conduct follow-on reviews until the Government determines that the Contractor has corrected all identified deficiencies in the SSP(s).

d) The Government may, in its sole discretion, conduct subsequent reviews at the Contractor's site to verify the information in the SSP(s). The Government will conduct such reviews at least every three (3) years (measured from the date of contract award) and may conduct such reviews at any time upon thirty (30) days' notice to the Contractor.

2. Compliance to NIST 800-171

a) The Contractor shall fully implement the CUI Security Requirements (Requirements) and associated Relevant Security Controls (Controls) in NIST Special Publication 800-171 (Rev. 1) (NIST SP 800-171), or establish a SSP(s) and POA&Ms that varies from NIST 800-171 only in accordance with DFARS clause 252.204-7012(b)(2), for all covered contractor information systems affecting this contract.

b) Notwithstanding the allowance for such variation, the contractor shall identify in any SSP and POA&M their plans to implement the following, at a minimum:

(1) Implement Control 3.5.3 (Multi-factor authentication). This means that multi-factor authentication is required for all users, privileged and unprivileged accounts that log into a network. In other words, any system that is not standalone should be required to utilize acceptable multi-factor authentication. For legacy systems and systems that cannot support this requirement, such as CNC equipment, etc., a combination of physical and logical protections acceptable to the Government may be substituted;

(2) Implement Control 3.1.5 (least privilege) and associated Controls, and identify practices that the contractor implements to restrict the unnecessary sharing with, or flow of, covered defense information to its subcontractors, suppliers, or vendors based on need-to-know principles;

(3) Implement Control 3.1.12 (monitoring and control remote access sessions) - Require monitoring and controlling of remote access sessions and include mechanisms to audit the sessions and methods.

(4) Audit user privileges on at least an annual basis;

(5) Implement:

i. Control 3.13.11 (FIPS 140-2 validated cryptology or implementation of NSA or NIST approved algorithms (i.e. FIPS 140-2 Annex A:

AES or Triple DES) or compensating controls as documented in a SSP and POAM); and,

ii. NIST Cryptographic Algorithm Validation Program (CAVP) (see https://csrc.nist.gov/projects/cryptographic-algorithm-validation-program);

(6) Implement Control 3.13.16 (Protect the confidentiality of CUI at rest) or provide a POAM for implementation which shall be evaluated by the Navy for risk acceptance.

(7) Implement Control 3.1.19 (encrypt CUI on mobile devices) or provide a plan of action for implementation which can be evaluated by the Government Program Manager for risk to the program.

3. Cyber Incident Response:

a) The Contractor shall, within fifteen (15) days of discovering the cyber incident (inclusive of the 72-hour reporting period), deliver all data used in performance of the contract that the Contractor determines is impacted by the incident and begin assessment of potential warfighter/program impact.

b) Incident data shall be delivered in accordance with the Department of Defense Cyber Crimes Center (DC3) Instructions for Submitting Media available at http://www.acq.osd.mil/dpap/dars/pgi/docs/Instructions_for_Submitting_Media.

docx. In delivery of the incident data, the Contractor shall, to the extent practical, remove contractor-owned information from Government covered defense information.

c) If the Contractor subsequently identifies any such data not previously delivered to DC3, then the Contractor shall immediately notify the contracting officer in writing and shall deliver the incident data within ten (10) days of identification.

In such a case, the Contractor may request a delivery date later than ten (10) days after identification. The contracting officer will approve or disapprove the request after coordination with DC3.

4. Naval Criminal Investigative Service (NCIS) Outreach

The Contractor shall engage with NCIS industry outreach efforts and consider recommendations for hardening of covered contractor information systems affecting DON programs and technologies.

5. NCIS/Industry Monitoring

a) In the event of a cyber incident or at any time the Government has indication of a vulnerability or potential vulnerability, the Contractor shall cooperate with the Naval Criminal Investigative Service (NCIS), which may include cooperation related to: threat indicators; pre-determined incident information derived from the Contractor's infrastructure systems; and the continuous provision of all Contractor, subcontractor or vendor logs that show network activity, including any additional logs the contractor, subcontractor or vendor agrees to initiate as a result of the cyber incident or notice of actual or potential vulnerability.

b) If the Government determines that the collection of all logs does not adequately protect its interests, the Contractor and NCIS will work together to implement additional measures, which may include allowing the installation of an appropriate network device that is owned and maintained by NCIS, on the Contractor's information systems or information technology assets. The specific details (e.g., type of device, type of data gathered, monitoring period) regarding the installation of an NCIS network device shall be the subject of a separate agreement negotiated between NCIS and the Contractor.

In the alternative, the Contractor may install network sensor capabilities or a network monitoring service, either of which must be reviewed for acceptability by NCIS. Use of this alternative approach shall also be the subject of a separate agreement negotiated between NCIS and the Contractor.

c) In all cases, the collection or provision of data and any activities associated with this statement of work shall be in accordance with federal, state, and non- US law.