KDY FY DD SOW Revised Markup 1-14-2020.docx

USTS Kennedy Dry-Docking Statement of Work

DEPARTMENT OF TRANSPORTATION

STATEMENT OF WORK (SOW)

U.S. DOT - MARITIME ADMINISTRATIONTRAINING SHIP “KENNEDY” ABS INTERMEIDATE

DRY DOCKING

12/01/2019

The primary purposes of this Statement of Work is to accomplish a United States Coast Guard Dry-dock Exam, Internal Structural Exam in accordance with 46 CFR Part 61 and an American Bureau of Shipping (ABS) Intermediate Survey

Table of Contents

GENERAL PROVISIONS

General The subject vessel is owned by the United States of America acting through the Maritime Administration, Department of Transportation (hereinafter called MARAD). It shall be clearly understood that all below specified work and services, as well as additional work and services ordered through this solicitation, shall be for, and on behalf of, MARAD.

Attending the vessel for the Owner will be the owner’s representative, who is also the MARAD Marine Surveyor, Port Engineer and Contracting Officer's Representative (COR). The Contractor will be informed in writing of the designated individuals and their authority upon award of contract.

The vessel crew will be joining the vessel before completion of the drydock to prepare the sea trial. Access to and from the vessel and Contractor’s facility shall be permitted to all crewmembers, which shall include parking for their POVs.

Note: This GENERAL section applies to all ITEMS within this SOW and therefore is Not Separately Priced. To the extent that efforts to comply with the requirements stated in this GENERAL section present a cost impact, the cost is to be allocated to the priced ITEMS

ABBREVIATIONS/DEFINITIONS

As used throughout this statement of work, the following terms and abbreviations shall have the meaning stated:

ABS American Bureau of Shipping

ANSI American National Standards Institute

ASME American Society of Mechanical Engineers

CFR Code of Federal Regulations substitute for (USCG Requirements)

CONTRACTOR Contractor (same as YARD or SHIPYARD if applicable)

CONTRACT The agreement between the Owner and the Contractor, including these Specifications and the accompanying Contract Drawings. These Specifications are "senior" to Drawings in cases of potential conflict.

CRES Stainless steel (Grade should be specified)

COR Contracting Officer's Representative is responsible for monitoring the contractor's progress in fulfilling the technical requirements specified in the contract. The COR ensures that all required documentation and data are submitted in accordance with the procurement deliverable schedule. Should the contractor fail to fulfill the contractual requirements, the COR must inform the contractor of such failure. The COR informs the contracting officer of any technical or contractual problems or delays. The COR maintains administration records, approves invoices, and performs final inspection and acceptance of work performed under the contract. The COR is not authorized to make any commitments or obligations on behalf of the government. The COR may not grant the contractor permission to deviate from the requirements stated in the contract, nor direct the contractor to perform any work outside that stated in the contract.

DWG or DWGS Contract Drawing or Drawings

EOS Engineer's Operating Station

GF Government Furnished

GFE Government Furnished Equipment

LT Long Ton (2240 LBS) All weights in this Specification are expressed in LT or pounds

MARAD Maritime Administration, U.S. Department of Transportation

MAY This word, or the adjective "OPTIONAL," means that an item is truly optional. One vendor may choose to include the item because a particular marketplace requires it or because the vendor feels that it enhances the product while another vendor may omit the same item.

MUST This word, or the terms "REQUIRED" or "SHALL," mean that the definition is an absolute requirement of the specification.

MUST NOT This phrase, or the phrase "SHALL NOT," mean that the definition is an absolute prohibition of the specification.

OWNER U.S. Department of Transportation Maritime Administration West Building 1200 New Jersey Avenue, SE Washington, DC 20590

QA Quality Assurance

RENEW Whenever the term "renew" is used, it is understood to mean "remove the old or defective material and replace it with new material of the same design, specification, or standard" unless otherwise stated.

SEAL WELD Structure, which is double continuously welded.

SHOULD This word, or the adjective "RECOMMENDED," mean that there may exist valid reasons in particular circumstances to ignore a particular item, but the full implications must be understood and carefully weighed before choosing a different course.

SHOULD NOT This phrase, or the phrase "NOT RECOMMENDED" mean that there may exist valid reasons in particular circumstances when the particular behavior is acceptable or even useful, but the full implications should be understood and the case carefully weighed before implementing any behavior described with this label.

SPECIFICATION The specification is an explicit set of requirements to be satisfied by a material, product, or service.

STATEMENT OF WORK (SOW)

A statement of work (SOW) is a formal document that captures and defines the work activities, deliverables, and timeline a Contractor will execute against in performance of specified work for the OWNER. In this document, the Specification is generally synonymous with the words statement of work (SOW)

USCG (CG) United States Coast Guard

VESSEL T/S Kennedy

YARD Contracting Shipyard as applicable (same as CONTRACTOR)

EXPANDED DEFINITIONS

GOVERNMENT FURNISHED

All equipment herein specified as GOVERNMENT FURNISHED (GF) or GOVERNMENT FURNISHED EQUIPMENT (GFE) is to be installed by the CONTRACTOR in such condition that it is completely serviceable under normal conditions of vessel operations. Such installations are to adhere to all applicable specifications of Regulatory Agencies and are to be to the satisfaction of the COR. This includes, but is not limited to, the following:

All equipment, which is not herein, specified as either GOVERNMENT FURNISHED (GF) or EXISTING shall be provided and installed as detailed above by the CONTRACTOR (CONTRACTOR).

CONTRACTING OFFICER'S REPRESENTATIVE (COR)

Contracting Officer's Representative is responsible for monitoring the contractor's progress in fulfilling the technical requirements specified in the contract. The COR ensures that all required documentation and data are submitted in accordance with the procurement deliverable schedule. Should the contractor fail to fulfill the contractual requirements, the COR must inform the contractor of such failure. The COR informs the contracting officer of any technical or contractual problems or delays. The COR maintains administration records, approves invoices, and performs final inspection and acceptance of work performed under the contract. The COR is not authorized to make any commitments or obligations on behalf of the government. The COR may not grant the contractor permission to deviate from the requirements stated in the contract, nor direct the contractor to perform any work outside that stated in the contract.

GOOD SHIPBUILDING PRACTICE

The term "good shipbuilding practice" means construction practices, which are in accordance with soundly engineered and approved processes. These processes are to meet the requirements contained within this document of SPECIFICATIONS. Construction and testing shall conform to the regulatory agency and industry-accepted standards to ensure that the vessel will meet the general and particular design requirements.

ABS/USCG APPROVED MATERIALS/EQUIPMENT

Contractor-furnished materials and equipment used for repairs to, or replacement of, existing shipboard materials or equipment must comply with all applicable American Bureau of Shipping/U.S. Coast Guard (ABS/USCG) requirements. Certificates will be provided for all certified materials.

ACCESSING OF REPAIR/RENEWALS/ADDITIONS

All removals and replacements required to gain access shall be accomplished, as necessary, in order to affect the repairs, renewals, and additions enumerated herein and be considered as part of the basic specification.

QUALITY ASSURANCE

Inspections by the COR are for the purpose of verifying the CONTRACTOR’s Quality Assurance Program. COR inspections are not to be used as a substitute for in-process control of quality by the CONTRACTOR.

SOLE SOURCE/BID SUBSTITUTIONS

It is not necessary to offer all material and equipment as "sole source" unless expressly stated in these Specifications. The CONTRACTOR will be permitted to submit bids containing substitutions as long as such substitutions are clearly stated and detailed. Any bid substitution must be equal to the specified model, must be sufficiently documented to prove equality, and must meet the performance requirements of the vessel.

The CONTRACTOR is responsible for all additional costs associated with proposed substitutions, including, but not limited to, required engineering expenses. In this regard, the specifications herein are guidelines for minimum performance requirements. If those specifications are not offered by a particular manufacturer, product, or model, the CONTRACTOR will be expected to include a separate list of all discrepancies. Substituted manufacturers, products, or models will not be considered unless they have been demonstrated to be equal to or exceeding the quality, durability and design and the minimum performance functions of the specified equipment. Any proposed substitution must conform substantially to the specified requirements for the machinery and equipment.

CONFLICTS - SPECIFICATIONS/DRAWINGS

Where Specifications and Drawings are not in agreement, it is the responsibility of the CONTRACTOR to notify the COR in writing that such disagreement does exist and request resolution of same. Generally, the Specifications are to be considered senior to the Contract Drawings; however, there may be instances where, by mutual agreement, this priority may be reversed. Written notification, therefore, is essential and required.

INTENT AND GENERAL SPECIFICATION REQUIREMENTS

GENERAL

The primary purpose of this Statement of Work (SOW) is to accomplish the following:

· A USCG Drydock Exam and Internal Structural Exam in accordance with 46 CFR Part 61.

· An ABS intermediate drydock survey for a Non-ESP Cargo Ship (non-tanker, which is greater than 15 years of age) Note: In this regard, at a minimum, all work performed by the Contractor shall serve to accomplish the requirements of 46 CFR Part 61 and ABS Rules 7-3-2/5 as they relate to the various ITEMs in this SOW.

· Other ITEMs in this SOW serve to perform various machinery, equipment, and/or structural repairs, removals, and/or installations in addition to various coating repairs.

ERRORS/OMISSIONS

In the event that there are found to be errors or omissions in these Specifications or in the accompanying Drawings that would have an adverse effect upon the completion of this contract and/or delivery to the OWNER of a product that is complete, functional, and seaworthy, the CONTRACTOR shall call attention to such errors or omissions in his bid package.

Minor design errors or omissions shall be properly addressed by the CONTRACTOR in the normal course of the contract performance. Major design errors or omissions shall be resolved by Change Orders.

SPECIFICATIONS IN EXCESS

Although the Drawings & Specifications contemplate a project, which will be completed in accordance with the requirements of the several regulatory bodies referred to herein, in certain respects, the Contract Drawings and Specifications may be in excess of such requirements and must not be changed except on written approval of MARAD.

If the CONTRACTOR is of the opinion that any aspect of the Contract Drawings and Specifications are so stringent, that his Company is unwilling or incapable of completing the Project within those parameters; it is the CONTRACTOR's obligation to provide written notification of such a conflict to MARAD in his bid package. If such notification is not included with the bid package, it is held that the CONTRACTOR agrees with and will complete the project in compliance with the specifications as set forth.

MANUFACTURER'S REPS

Whether or not it is specifically stated in these Specifications, when it is required by the equipment manufacturer or by the specialized technical nature of the installation, and/or when work is outside the normal scope of the CONTRACTOR workforce, the CONTRACTOR is to provide the services of Manufacturers' Reps for such assistance and expertise as is required for the proper installation, on-line testing, calibration, adjustments, etc. of CONTRACTOR Furnished and GF equipment.

CERTIFICATION/DOCUMENTATION

The CONTRACTOR shall, promptly, provide the OWNER with information and certifications as may be required for the re-documentation and re-certification of the vessel.

The latest amendments to all laws, regulations, rules, and conventions, which are in force at the time of Bid Closing, are to be considered as part of the CONTRACT. Any amendment to such requirements or any new laws, regulations, rules, or conventions that come into force after Bid Closing, shall be treated as a change to the CONTRACT if not otherwise covered by these Specifications and Drawings.

GENERAL VESSEL DESCRIPTION

The TS Kennedy is a U.S. Government-owned “Public Nautical School Ship” provided to the Massachusetts Maritime Academy for the purpose of training young men and women for a career in the U.S. Maritime Industry.

Name/ KENNEDY Primary VIN/ 509652 Call/ KVMU Flag/ US

SOLAS

Class notation Unrestricted service, A1 E, AMS, and applicable Passenger Vessel Rules

DRAWING, CORRESPONDENCE, AND COMMUNICATION PROCEDURES

The CONTRACTOR shall provide the COR with a copy of all correspondence relating to this vessel, which the CONTRACTOR has with Regulatory Bodies, in particular, the ABS or USCG (MSC) Washington and the Local OCMI.

The CONTRACTOR shall invite the COR to be present during all discussions relating to this vessel, which he may have with the Representatives of Regulatory Bodies, in particular, with the Local ABS representative, OCMI, or representatives of those offices.

These documents and discussions may include but are not limited to, the design, construction of modules, ripouts, and relocations, installation of equipment and machinery, testing, sea trials, delivery, and operation of the vessel.

LAWS, CLASSIFICATION, RULES, REGULATIONS, STANDARDS, CERTIFICATES

COMPLIANCE

The vessel, as delivered, shall comply with the requirements of relevant State and Federal Regulatory Agencies. These shall include:

· USCG: 46 CFR Subchapter “R” PART 167—PUBLIC NAUTICAL SCHOOL SHIPS.

· USPHS: Publication No.393, "Handbook on Sanitation of Vessel Construction"

· USCG: "International Rules of the Road"

· Institute of Electrical & Electronics Engineers Standards #45

· Federal Communications Commission

· Classification: ABS/USCG (Subchapter R) IMO & SOLAS

· Class notation: Unrestricted service, A1 E, AMS, and applicable Passenger Vessel

DOCUMENTATION

All necessary certifications and documents covering the approval of and indicating compliance with subject regulations shall be obtained by the CONTRACTOR and supplied to MARAD.

SUBSEQUENT REGULATORY CHANGES

PROGRESS MEETINGS AND PROGRESS REPORT

A weekly progress meeting shall be attended by the Contractor, COR, and the ship’s Captain/Chief Engineer/Chief Mate to discuss individual ITEM and Delivery Order progress. A Progress Report shall be delivered to the COR one day prior to the progress meeting. This report shall list each contract ITEM and Delivery Order, their awarded dollar value, the Contractor’s estimate of their percent completion, and the resulting earned value (which will be the awarded amount x the percent completion). This Progress Report shall be examined by the COR along with the Contractor’s Production Chart. A percent completion shall be negotiated, and the report signed for by both parties. This document shall be the ONLY document requiring signature of the COR. In order to avoid conflicting and erroneous information, NO OTHER document delivered to the COR (such as a condition report) which makes a statement regarding ITEM and Delivery Order progress and/or percent completion shall be signed as being agreed to by the COR.

CONTRACT AND GUIDANCE DRAWINGS

GENERAL

The Contractor shall submit DWGS, permits, or other correspondence required by regulation for review and approval. Submittals will commence upon signing a contract with the successful bidder. The Contractor is tasked to keep MARAD and the operator apprised of the status of such submittals.

EXISTING VESSEL INFORMATIONAL DRAWINGS

Existing vessel informational drawings are available from the Chief Engineer and should be requested in writing if required. It should be understood that the vessel has been in service for a number of years and had a number of conversions; therefore, interested bidders should be cautioned that the accuracy of the existing vessel drawings cannot be verified, and bidders should be specific about what information they are seeking from the existing drawings. Requested drawings will be forward to all interested bidders upon request. Drawings will be provided in electronic format when available. The OWNER does not warrant the accuracy of these plans and requires the CONTRACTOR to verify by physical ship check any and all of the existing plans prior to submitting their bid.

INTERFERENCES/ACCESS

The elimination of all equipment interferences; and the location or relocation of machinery, pumps, piping, wiring, ductwork, and misc. Equipment so that proper access for operation and maintenance can be readily achieved is the CONTRACTOR responsibility. It is essential that the CONTRACTOR is aware of his obligation in this regard. The CONTRACTOR is responsible for seeing that ALL INSTALLATIONS are arranged, constructed, and relocated in "good shipbuilding practice" and that they adhere to the requirements of the CFR. The CONTRACTOR and the COR are mutually responsible for the maintenance of ongoing communications, inspections, and approvals as construction progress.

HEADROOM

Clear headroom in accommodations, working spaces, public spaces, passageways, and toilet and shower spaces shall be as high as possible but shall not be less than 7 feet 0 inches. Clear headroom under local points such as ducts, piping, lights, girders, etc. shall not be less than 6 feet 8 inches in the above spaces and will be the subject of individual, case by case, written approval from the COR. In way of double berths, clear headroom (ceiling height) shall be not less than 7 feet 0 inches above the finished deck.

ACCESS & MAINTENANCE REQUIREMENTS

GENERAL

The structure and layout of any added machinery and equipment shall be designed and constructed to permit ready access to all parts for operation, inspection, maintenance and repair without removal or disturbance of other structure or equipment. Ladders, doors, manholes, scuttles, bolted plates, etc. shall be provided as required for access. If conversion structure or installations affect access to existing machinery and equipment, satisfactory steps shall be taken to re-route reasonable access.

ASBESTOS /VENDORS /SUBCONTRACTORS

ASBESTOS ABATEMENT

The CONTRACTOR shall, as part of this Contract, remove and dispose of all asbestos removed or disturbed for the performance of this contract. In addition, CONTRACTOR shall comply with the most current edition of all federal, state, county, and city codes and ordinances as they apply to the location(s) in which the work is performed.

Note: The OWNER hereby informs the CONTRACTOR that the existing vessel does contain asbestos and that the CONTRACTOR is specifically required to provide certification that the CONTRACTOR is a certified asbestos abatement contractor or that the CONTRACTOR has engaged a certified asbestos abatement subcontractor.

VENDOR LISTING

The CONTRACTOR shall provide the COR with a listing of major Vendors and Subcontractors being employed on the contract. The list shall include name; address; telephone and fax numbers; e-mail address; purchase order or contract number; and an equipment or service description. This list will give a baseline for the entry of the vessel as converted into the OWNER electronic contact system.

An initial Vendor/Contractor List shall be provided not more than 10 days after contract signing and shall be updated, as required, every 10 days thereafter over the course of the contract.

ACCESS TO YARD/VESSEL/DOCUMENTS (IF APPLICABLE)

ACCESS TO YARD/VESSEL

The Government Representatives (COR) shall be afforded access to the CONTRACTOR Shipyard, the COR’s offices, and the vessel 24 hours a day for the duration of the Contract and for a reasonable time after delivery or until such time as the vessel departs the CONTRACTOR facility for her home port (if applicable) .

ACCESS TO DOCUMENTS

The OWNER and/or COR shall have ready access during normal working hours to all documentation concerning the vessel including but not necessarily limited to: Drawings; Specifications; Technical Information; Engineering Calculations; Schedules; Test & Inspection Reports; Relevant Subcontractor Documents; Regulatory Body Reports; Approvals; Recommendations; and the Contractor’s Detailed Contract Estimate.

INSPECTIONS

GENERAL

All materials and workmanship shall be subject to inspection by the COR, ABS, the USCG and other regulatory bodies having jurisdiction. All inspection and observation of tests by the COR will be performed in such a manner as not to unnecessarily delay the contract work.

The COR shall promptly approve all work and material conforming to the requirements of this Specification and shall promptly reject all work and materials, which do not conform. Such rejected work or material shall be satisfactorily corrected.

SCHEDULING & ATTENDANCE

The CONTRACTOR is responsible for scheduling and presenting all completed work for Acceptance Inspections and for giving written ADEQUATE NOTICE of 24 HOURS to the COR and other required inspection agencies that such work is complete, has been passed by the CONTRACTOR QA, and is ready for such inspection. Inspections shall, when possible, be scheduled and accomplished during normal workdays on the CONTRACTOR day shift.

The COR will make every effort to maintain communications with the parties involved and to report to the inspection site per agreed schedule. If the COR is unable to keep the schedule, he shall notify the CONTRACTOR as soon as possible and reschedule for a mutually agreeable time. Failure of the COR to attend an inspection does not constitute an acceptance of the work. Inspections by ABS, the Coast Guard, or other agencies do not eliminate these requirements for inspection and acceptance by the COR.

PREPARATIONS

Work presented for inspection shall be complete in all respects, clean, free of debris, scrap, lines, welding wire ends, and all temporary gear. Reasonable accommodations shall have been made for access, lighting, and fresh air supply in advance of the inspection party.

COVERINGS

Prior to the application/installation of paint, deck covering, insulation, sheathing, joiner work, ceilings, etc., all structure and weld that is to be covered will be given final inspection and will be signed off on by the COR. It must be clearly understood by the CONTRACTOR that the COR has the right and option to require removal of any or all coverings for inspection in areas that have not been previously inspected and passed. This requirement makes it essential that weekend and night shift foremen, for both CONTRACTOR and Subcontractors, be in close communication with the QA Department and Project Manager.

RE-INSPECTIONS

Any welding, burning, heat shrinking, etc. which is performed as rework, repair, or on change orders after an inspection has been completed, may require (at the COR's option) the removal of any or all coverings for re-inspection of the plate, welds, etc. This requirement will further emphasize the necessity of a formal QA Inspection process and the necessity for close communications between CONTRACTOR and COR. An initial inspection in no way negates the requirement for re-inspection if an area is reworked in any manner.

COMPARTMENT COMPLETIONS

Living spaces, workspaces, tanks, voids, cofferdams, and control/machinery spaces shall be inspected and certified, complete by the COR and the CONTRACTOR representative. A compartment shall not be considered accepted until the inspection is complete, deficiencies are corrected, and the COR and CONTRACTOR have signed off on the space. At this time, so far as is possible, the compartment shall be secured, and no further work shall be conducted within the space unless approved by the mutual consent of the COR and CONTRACTOR.

The intent of the foregoing paragraph is to guarantee that the OWNER will receive, at delivery, a fully operational vessel that is immediately capable of entering service. Any pre-existing deficiencies not covered in these Specifications or Drawings will be subject to correction at the OWNER expense.

PROSECUTION OF WORK

STARTING DATE FOR PROJECTS

The Notification of Award will stipulate the date on which it is expected the Contractor will begin contract work and from which date contract time will be charged. No work shall begin on the project until the contract has been fully executed.

SCHEDULE REQUIREMENTS

Unless otherwise specified in the contract, the Contractor is required to furnish the COR with the following schedules at or before the pre-drydocking conference: Integrated Master Schedule (IMS) and CPM Schedule.

The COR will independently review the initial schedule, and then meet with the Contractor for a joint review and make necessary corrections and adjustments. These specifications require this meeting to take place within ten calendar days of the contract award. After this meeting, but within ten calendar days, the Contractor shall make the necessary changes and then resubmit the schedule to the COR. If necessary, this process shall be repeated. However, the schedule must be finalized within seven calendar days of the scheduled vessel delivery.

The schedule shall show contract milestones, intermediate contract completion dates, and the contract completion date. The schedule shall show the Contractor’s scheduled completion date and the substantial completion date when applicable.

Should the prosecution of the work be discontinued or changed for any reason, these specifications require the Contractor to notify the COR at least two days in advance of changing or resuming operations. Through the life of the project, the COR should verify that activities, durations, start and finish dates, etc. shown on the schedule represent the actual status of work.

The COR may request in writing a supplemental schedule if the actual prosecution of work differs significantly from that represented on the schedule. The Contractor must provide the requested supplemental schedule within three calendar days of the request and at no cost to the Government.

Jobsite progress meetings shall be held weekly or as specified for the purpose of updating the schedule. Progress will be reviewed to verify the actual start and finish dates of completed activities, remaining duration and percent complete of uncompleted activities, and any proposed revisions to the schedule. It is the Contractor's responsibility to provide the COR with the status of activities at the progress meetings and prepare schedule updates based on this information once it has been verified and agreed upon. A written narrative describing the schedule status, the critical path and any revisions to the schedule shall be included with the updated schedule. The updated schedule will be resubmitted should it not contain the agreed-upon information.

The COR must have a schedule that accurately represents the prosecution of work and activities at all times. A current schedule is essential for evaluating requests for adjustments and determining how delays, extra work, interruptions, suspensions, etc. will impact the contract completion date or the Contractor’s scheduled completion date. These specifications allow the COR to withhold progress payments if the Contractor fails to provide the schedules and updates as required.

INTEGRATED MASTER SCHEDULE (IMS)

An Integrated Master Schedule (IMS) is another name for a Gantt or bar chart. The IMS provides a graphical representation of the project plan that includes the activities that make up the project, the estimated duration of each activity, and the planned sequence of activity performance. The critical path must be identified on the IMS. The total float must be identified on IMS developed from CPM schedules. Total float is not required to be identified on IMS developed without CPM schedules. The IMS must conform to the specifications as set forth in the contract. The IMS shall be presented to the COR in Microsoft Project ® format.

CRITICAL PATH METHOD (CPM) SCHEDULE

A CPM schedule is one that forecasts the amount of time required from the project start to finish by arranging all project activities in their logical sequence and calculating all possible path lengths through the project. CPM schedules are used to ensure adequate project planning and provide a tool to quickly and accurately evaluate project changes. The CPM schedule may also be used to determine when and what activities need to be accelerated to meet contract milestones, completion dates, etc.

Two copies of the Time-Scaled Logic Diagram, Network Report, and Schedule Report must be submitted by the Contractor.

The Network Report shall completely define the schedule logic. It will indicate all logical relationships and constraints.

The Schedule Report shall be sorted by activity number and shall provide the following information for each activity: activity number, activity description, activity calendar, original duration, remaining duration, percent complete, scheduled or actual start and finish dates, late start and finish dates, free float and total float.

PROGRESS REVIEW MEETINGS

The CONTRACTOR and COR shall hold progress review meetings every (1) week to be held at the CONTRACTOR facility or such other location as approved by both parties beginning (1) week after the delivery of the vessel to the CONTRACTOR facility. The purpose of the meetings is to discuss, report, and resolve problems relative to progress, anticipated delays, cost experience in relation to budget and projected end costs, staffing, schedules, receipt of GFE (if any), CONTRACTOR furnished material, production problems (including Subcontractor problems), and other related matters.

GUARANTEES

All guarantees or warranties shall begin at the completion of final acceptance the completed work detailed in the specification by the COR.

MATERIALS AND WORKMANSHIP

MATERIAL GENERAL

All material unless otherwise specified herein shall be of commercial quality, suitable for marine environment, and shall conform to ASTM, Federal, Military, SAE, ABS, and USCG (CFR) requirements. This material shall be so designated on Bills of Material and Construction Drawings. All materials shall be free from imperfections of manufacture and from defects, which adversely affect appearance or serviceability.

WORKMANSHIP GENERAL

All workmanship shall be first-class in all respects. All material, machinery, equipment, pieces, and/or parts specified herein and installed in the converted vessel shall be suitable for the marine service intended.

MATERIAL MILITARY SPECS

Where Military or Federal Specifications are referred to herein, they are referenced solely to indicate the degree of quality of the material required. The furnishing of material or items in strict compliance with the detailed requirements of these Military/Federal Specs is not intended.

STORAGE/PROTECTION

All material and equipment intended for the vessel in any form, whether CONTRACTOR or GF, shall be adequately stored and protected from the elements and shall be given appropriate security by the CONTRACTOR. Due consideration shall be given to the nature of particular equipment or material with storage and security mutually agreed upon by COR and CONTRACTOR. Inside storage shall be required for all equipment and material that will be located on the interior of the vessel.

The CONTRACTOR shall be responsible during construction and prior to vessel delivery for the protection of all items installed with finished surfaces such as joiner panels, door frames, deck coverings, joiner ceilings, countertops, furniture, etc.

CONTRACTOR'S OBLIGATION

The CONTRACTOR is to provide all plant infrastructure, labor, and transportation for employees, supplies as required, fuel for vehicles and machinery, water, sewage disposal, power, lighting, air, steam, crane and forklift services, CONTRACTOR communications, line handling, wharfage, towing and shifting services.

COMMUNICATIONS (YARD)

The CONTRACTOR is to provide radios (walkie-talkies), one for the Owner's Representative's office, and one each for Owner's Representatives for a total of three. Radios to have chargers and extra batteries and at a minimum of two channels, one to communicate with Contractor and one to communicate with office. Radios will be returned to Contractor upon completion of contract

HULL PROTECTION

WELDING

Rigid control of welding and grounding shall be maintained for the protection of hull and hull appendages. Care shall be taken that the welding polarity and ground connections of welding machines used on this vessel, other vessels in the immediate vicinity, or on the dock to which the vessel is moored shall be such as not to damage any parts of the vessel. The CONTRACTOR shall adequately protect, in all respects, the underwater part of the hull prior to delivery.

GENERAL INFORMATION

Note: This GENERAL section applies to all ITEMS within this SOW and therefore is Not Separately Priced. To the extent that efforts to comply with the requirements stated in this GENERAL section present a cost impact, the cost is to be allocated to the priced ITEMS

DRAWING REFERENCES AND SITE VISIT

The following Shipbuilder's Drawings (Avondale Shipyard) and conversion drawings (Bender Shipyard) are included with this Request for Proposal and will be available on board at the Site Visit and Pre-Proposal Conference on 09:00, Dec 19, 2019 at the Massachusetts Maritime Academy, 101 Academy Drive, Buzzards Bay, MA 02532. Point of Contact: COR, Jeffrey Brown at (757) 694-5505.

Additional DRW’s and Technical Manuals are available from the Port Engineer

INTERPORT DIFFERENTIAL COSTS

The Maritime Administration incurs various additional costs above the contract price when completing drydock and maintenance availabilities away from the vessel's home port. The additional costs the Maritime Administration incurs for moving vessels and crew members between their home ports and other locations for drydock and repair work are known as "interport differential costs." Before awarding work among competing shipyard offerors, the Maritime Administration determines the reasonably predictable & foreseeable "interport differential costs" of moving the vessel and its crew from the homeport to the outside place of performance and back, and adds those costs to the proposed contract price in order to determine each offeror's evaluated price to the government.

In consideration of the anticipated mission of the ship after the drydocking availability, no interport differential costs will be calculated for shipyards between Buzzards Bay, MA along the eastern seaboard of the continental united states and the Gulf of Mexico up the port of Galveston, TX. For shipyards, outside of the above listed geographic area, an interport differential costs will be used to evaluate the offerors pricing. The calculation will be based on a 10-knot sea speed and the distances will be taken from PUB 151 “Distances Between United States Ports” The cost per day will be $33,367.001 inclusive of all operating costs an additional cost of $75,000.00 in each direction will be add if the vessel delivery would include a Panama Canal transit.

1The aggregate of the following cost criteria comprise the interport differential for a bid submitted by a shipyard facility:

(1) fuel to transport the vessel from its designated base port to the shipyard facility and return;(2) maintenance costs incurred and consumables used, including lubricants and other engine and deck stores, while transporting the vessel from its designated base port to the shipyard facility and return;(3) crew wages(A) to prepare the vessel for entry to the shipyard facility;(B) to deliver the vessel from its designated base port to the shipyard facility and return; and(C) for crew that are assigned to travel to or from the vessel while it is in the shipyard facility;(4) nonwage costs to transport crew to or from the vessel while it is in the shipyard facility;(5) crew per diem while the vessel is in the shipyard facility;(6) travel costs and per diem for non-crew staff and consultants to administer the contract;(7) other interport costs not described

LIQUIDATED DAMAGES

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $33,367.00 per calendar day of delay. (this cost is the ships daily FMC cost as published)

(b) If the Government terminates this contract in whole or in part under 52.212-4(m), Termination for Cause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to any excess costs for repurchase of supplies or services similar to those.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, and (8) freight embargoes.

WEATHER

The contractor shall include a factor in its bid to account for weather. This shall include all accommodations to account for the weather expected based on data of conditions are normally encountered at the contractors’ location and the time of year. The contractor shall include, in their bid, any accommodations required to ensure that no delays experienced because of weather. This can include tarping or tenting, building an entire enclosure around the work area, heating, cooling or any other provisions to ensure that the environmental conditions are met to continue preparations and painting regardless of the weather.

The contractor shall, in the IMS included in their proposal, clearly indicate the number of days that each item will be allocated. Department of Transportation (DOT) Maritime Administration (MARAD) considers the ability to perform dry docking services, in accordance with the approved progress schedule, as a critical to comply with the contract terms and conditions. The Contractor shall be liable for any failure or delay in performing its obligations under this Agreement if and to the extent that such failure or delay is caused by weather events that are common based on historical data. Snow, rain, wind, excessive heat or other weather that could be mitigated by proactive actions of the contractor shall not be considered a Force Majeure event.

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if and to the extent that such failure or delay is caused by a Force Majeure event. A Force Majeure event means, in relation to either party, any event or circumstance beyond the reasonable control of that party including act of God, fire, explosion, flood, epidemic, power failure, governmental actions, war or threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, labor disputes and strikes (other than in respect of the workforce of the party affected). FAR 52.249 – 14 (Excusable Delays) A party affected by the Force Majeure (the “Affected Party”) shall immediately notify the other party (“Non-Affected Party”) in writing of the event, giving sufficient details thereof and the likely duration of the delay. The Affected Party shall use all commercially reasonable efforts to recommence performance of its obligations under this Agreement as soon as reasonably possible.

AVAILABILITY AND PERFORMANCE PERIOD

The ship will be available to transit to the contractor’s facility from her homeport of Buzzards Bay, MA. on or about 26 February 2020 and be complete and ready to sail in support of her primary mission, no later than 1 May 2020 (60-days).The Contractor…