693JF720B000001 Amendment 0001.pdf

(x)

693JF720B000001

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1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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WASHINGTON DC 20590-0001

693JF7

MAIL STOP W-28-201

1200 NEW JERSEY AVENUE SE

OFFICE OF ACQUISITION MAR-380

US DOT MARITIME ADMINISTRATION

07/01/20200001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

07/01/2020

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this Solicitation Amendment is as follows:

(A) to add Section L.7 to the Solicitation and to make changes to Sections J.5 and M.1 Of the Solicitation;

(B) to state that the body of this Amendment captures the addition and all the changes that are listed in Paragraph (A) of this Amendment and it constitutes the updated body of the

Solicitation/IFB; the said addition and changes appear in RED FONT for easy identification;

and

(D) to state that other provisions of this Solicitation remain unchanged.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

KEN EGBUNA

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Ken.Egbuna New Stamp

Ken.Egbuna Typewritten Text 07/25/2020

United States Department of Transportation/Maritime Administration SOLICITATION FOR THE LAYBERTHING OF MARAD’S VESSELS, Admiral Callaghan and Cape Orlando

Solicitation Number: 693JF720B000001

SECTION – B SERVICES PRICE/COSTS

5-Year Bid Schedule for the Layberthing of ADMIRAL CALLAGHAN One 12-month Base Year and Four 12-month Option Periods

Base Year [03-21-2021 to 03-20-2022]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 365 Day $

0002 Vessel Connect 1 Each $

0003 Vessel Disconnect 1 Each $

0004 Electricity 365 Day $ N/A

0005 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For the Base Year: $___

Option Year 1 [03-21-2022 to 03-20-2023]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 365 Day $

0002 Vessel Connect 1 Each $

0003 Vessel Disconnect 1 Each $

0004 Electricity 365 Day $ N/A

0005 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 1: $___

Option Year 2 [03-21-2023 to 03-20-2024]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 366 Day $

0002 Vessel Connect 1 Each $

0003 Vessel Disconnect 1 Each $

0004 Electricity

366 Day $ N/A

0005 Water/Sewage

1 N/A $ N/A

Option Year 3 [03-21-2024 to 03-20-2025]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing

365 Day $

0002 Vessel Connect

1 Each $

0003 Vessel Disconnect

365 Day $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 3: $___

Option Year 4 [03-21-2025 to 03-20-2026]

For Option Year 4: $___

Total Estimated Price for 1 Base Year and 4 Option Periods: $__________ (ADMIRAL

CALLAGHAN)

10-Year Bid Schedule for the Layberthing of Admiral Callaghan Bid Schedule for One 12-month Base Year and Nine 12-month Option Periods

Base Year [03-21-2021 to 03-20-2022]

0001 Layberthing 365 Day $

0002 Vessel Connect 1 Each $

0003 Vessel Disconnect 1 Each $

0004 Electricity 365 Day $ N/A

0005 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For the Base Year: $

Option Year 1 [03-21-2022 to 03-20-2023]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 365 Day $

0002 Vessel Connect 1 Each $

0003 Vessel Disconnect 1 Each $

0004 Electricity 365 Day $ N/A

0005 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 1: $

Option Year 2 [03-21-2023 to 03-20-2024]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 366 Day $

0002 Vessel Connect 1 Each $

0003 Vessel Disconnect 1 Each $

0004 Electricity 366 Day $ N/A

0005 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 2: $

For Option Year 3: $

For Option Year 4: $

Option Year 5 [03-21-2026 to 03-20-2027]

For Option Year 5: $

Option Year 6 [03-21-2027 to 03-20-2028]

366 Day $

For Option Year 6: $

Option Year 7 [03-21-2028 to 03-20-2029]

For Option Year 7: $

Option Year 8 [03-21-2029 to 03-20-2030]

For Option Year 8: $

Option Year 9 [03-21-2030 to 03-20-2031]

For Option Year 9: $

Total Estimated Price for 1 Base Year and 9 Option Periods: $__________ (ADMIRAL

CALLAGHAN)

5-Year Bid Schedule for the Layberthing of CAPE ORLANDO One 12-month Base Year and Four 12-month Option Periods

Base Year [03-21-2021 to 03-20-2022]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

Vessel Disconnect 1 Each $

For the Base Year: $___

Option Year 1 [03-21-2022 to 03-20-2023]

0004 Electricity 365 Day $ N/A

For Option Year 1: $___

Option Year 2 [03-21-2023 to 03-20-2024]

For Option Year 3: $___

0005 Water/Sewage 1 N/A $ N/A

For Option Year 4: $___

Total Estimated Price for 1 Base Year and 4 Option Periods: $____________ (CAPE ORLANDO)

10-Year Bid Schedule for the Layberthing of CAPE ORLANDO Bid Schedule for One 12-month Base Year and Nine 12-month Option Periods

Base Year [03-21-2021 to 03-20-2022]

For the Base Year: $

Option Year 1 [03-21-2022 to 03-20-2023]

For Option Year 1: $

Option Year 2 [03-21-2023 to 03-20-2024]

For Option Year 2: $

For Option Year 3: $

For Option Year 4: $

Option Year 5 [03-21-2026 to 03-20-2027]

For Option Year 5: $

Option Year 6 [03-21-2027 to 03-20-2028]

For Option Year 6: $

Option Year 7 [03-21-2028 to 03-20-2029]

For Option Year 7: $

Option Year 8 [03-21-2029 to 03-20-2030]

0003 Vessel Disconnect 1 Each $

For Option Year 8: $

Option Year 9 [03-21-2030 to 03-20-2031]

For Option Year 9: $

Total Estimated Price for 1 Base Year and 9 Option Periods: $__________(CAPE ORLANDO)

PRICING SUMMARY

(1) Total Estimated Bid Price for ADMIRAL CALLAGHAN and CAPE ORLANDO under the 5-Year-Bid Schedule: $_______________

(2) Total Estimated Bid Price for ADMIRAL CALLAGHAN and CAPE ORLANDO under the 10-Year-Bid Schedule: $_______________

Notes: 1) The Contracting Officer will compute the Estimated Amounts of all the Electricity CLINs (CLIN 0003) based on the Government estimated daily electricity consumption average, the estimated local electricity rates that are stated on Section J 5 and the proposed location of the bidder’s layberthing facility; the said Estimated Amounts will be added to (and evaluated as part of) the total bid price.

2) Bidders can bid based on the 5-year bid schedule or the 10-year bid schedule or both.

3) The Layberthing CLINs and the Disconnect/Connect CLINs are Firm Fixed Price CLINs.

4) The Electricity CLINs and the Water/Sewage CLINs are cost-reimbursable.

SECTION C – STATEMENT OF WORK

C.1 INTRODUCTION AND BACKGROUND

The Maritime Administration (MARAD) requires services for the exclusive long-term safe layberthing for RRF vessels ADMIRAL WILLIAM H CALLAGHAN and CAPE ORLANDO on the U.S. West Coast between California and Washington inclusive of all navigable waters up to 150 miles from the Seabuoy with sufficient breadth and depth which permits continuous year-round passage. Although the layberths are intended for the vessels identified in this solicitation, the Government may substitute vessels of a similar size or smaller. A Memorandum of Agreement (MOA) between the Department of the Defense (DoD) and the Department of Transportation (DOT) establishes that, in consideration of the National Defense and the American Merchant Marine, a mutual interest and responsibility exists for the joint establishment, maintenance and control of a Ready Reserve Force (RRF), which is an element of the National Defense Reserve Fleet (NDRF). The ships of the RRF are maintained by MARAD in various states of readiness to meet common user lift requirements of the armed services in a contingency. The RRF consists of 46 vessels as of February 2020.

C.2 DEFINITIONS

Alternative Mooring Arrangement: A mooring plan that uses a combination of fixed berthing structures and anchors to moor vessels to meet the heavy weather mooring standard.

Apron: An area adjacent to and extending the length of the berth used for vehicle passage, material staging, parking of vehicles engaged in maintenance, repair, delivery of parts, etc.

Berth: Any designated place where a vessel is secured including the dock and slip, usually indicated by a code or name.

Contract Award Date: Designated in accordance with the contract provision "Period of Performance" found in Section F.

Contract Start Date: The date the berth must meet the contract's requirement. It is 120 days after the Contract Award Date unless the parties agree to an earlier date.

Dock: The structure located within the layberth facility having the mooring hardware for vessels, synonymous with pier and wharf.

Dock Face: The exposed outward structural components of the pier or wharf that bears the vertical load of the structure and transfers the lateral load from the fenders to the structure.

Full service port complex: A Port area with maritime services available, including but not limited to ship repair facilities, availability of around the clock pilotage, bunker supply and delivery services, and ship assist tugs as specified in section C.4.(C).

Heavy Weather Mooring Plan: An analysis consisting of drawings and mooring calculations that combines vessel characteristics, existing or additional mooring points, effects of wind direction, wind speed, tides and currents proving that the vessel(s) can be safely moored permanently at the proposed layberth up to the maximum weather and wind conditions specified for the layberth geographical area.

Layberth: A berth used by a vessel for an extended period of time.

Non-resilient fenders: Structures with an outer layer of High Impact Ultra High Molecular Weight (UHMW) instead of elastic material (rubber or plastics) placed along the pier face to cushion the vessel and prevent hull-plating damage.

Ramp: The primary vehicular access way onto a RO/RO vessel that is characterized by the location of entry (stern ramp/side-port ramp).

Resilient fenders: Structures with an outer layer of elastic material (rubber or plastics) placed along the pier face to cushion the vessel and prevent hull-plating damage.

Slip: The water area of the layberth adjacent to the dock where the vessel is maneuvered during arrivals and departures.

Ship Manager/General Agent: The MARAD contractor for a designated group of MARAD vessels that is responsible for ship operation, maintenance, and activation readiness.

Vertical live loads: These are items moving or being caused to move over the dock.

Water level: The height of water above or below the datum reference point as predicted by local tide tables and affected by seasonal flooding or drought.

Working Area: The area of a dock adjacent to vessel to be used for deliveries, staging gear, and vehicle access.

C.3 STATUS OF VESSELS

(A) RRF vessels will normally be maintained in an idle status and will remain at the layberth site in all weather conditions, except to participate in a military exercise/operation, to conduct some repairs, or comply with periodic regulatory requirements. Ship activations and dock trials are expected to be conducted at the layberth.

(B) RRF vessels may have a reduced operating status crew onboard.

(C) The shipboard firefighting system may be inoperable.

(D) The cathodic protection systems will be energized.

(E) Interior house and engineering spaces may be dehumidified with ship's equipment.

(F) The mooring equipment will remain in operating condition. Mooring lines or wires will be provided by the Government or the Government's Ship Manager/General Agent for each vessel.

(G) The vessels may be used for cargo handling training and for other training purposes.

(H) Both ADMIRAL WILLIAM H CALLAGHAN and CAPE ORLANDO may be moored either side to the layberth. CAPE ORLANDO must be the inboard vessel if nested.

(I) Ships shall be boomed or have booms available for deployment at all times. In circumstances where prevailing currents, tides, or vessel traffic preclude having booms continuously in place, the containment booms should be kept in readily deployable locations such as onboard or adjacent to the vessel. Booms are Government Furnished Equipment (GFE) provided to Ship Managers of outported ships. SOMO’s shall ensure services to deploy, maintain, adjust and replace booms as necessary and take appropriate actions to ensure funding is provided. Booms shall be deployed during fuel oil transfer and during ro/ro ramp operation and testing when there is the danger of a hydraulic oil leak. Area division business plans shall address funding for oil boom replacement as necessary.

C.4 BERTH REQUIREMENTS AND THE CONTRACTORS OBLIGATIONS

(A) The layberth Contractor shall bear all costs associated with obtaining and maintaining an acceptable safe layberth except as specifically identified. Some items are identified for emphasis only. An acceptable safe layberth shall meet the following minimum criteria and technical features:

1. The water depth, based on the National Oceanic and Atmospheric Administration (NOAA) chart datum for soundings, shall be at least four (4) feet greater than the estimated deep draft of the type of vessel to be located at the layberth (See Section J for ship dimensions). This depth shall be maintained the length and breadth of the proposed layberth, including the area needed to pull the vessel(s) away from the layberth with tugs, plus the access route from the layberth to the navigational channel, extending outward to the sea buoy, or pilot station, whichever is farther. The water depth at the berth shall be validated by multi-beam echo soundings based on the NOAA chart datum for soundings, as specified in Section E.6, prior to commencement of the period of performance. If vessels, including the MARAD vessels, at the berth under a contract, are currently occupying the layberth, it is the Contractor's responsibility to move those vessels away from the berth to accomplish the initial multi-beam survey. Follow-on annual multi-beam surveys shall be conducted at the berth with results provided to the Contracting Officer. Surveys shall be scheduled to coincide with sea trials or during other periods when the berth is clear. If the Contractor is unable to schedule the annual multi-beam survey based on ship schedules, the Contracting Officer shall be notified in writing.

(a) The waterside of the layberth (e.g., slip) shall be of sufficient width to facilitate safe docking and undocking without interference to other shipping and shall be adequate to permit safe working room for tugboats, barges, lighters, and floating cranes. As a minimum, 75 feet extending outward from the vessel, or if nested, from the outboard vessel, shall be free and clear to provide safe working room. The water depth of the 75-foot clearance beyond the outboard vessel shall be as follows: The first 50 feet outboard of the vessel shall be the same depth as required in section C.4.(A)1. for maneuvering the ship away from the layberth or nested ship.

The remaining 25 foot clearance shall be adequate to accommodate the depth of water required by service tugs for the local area, but no less than 20 feet based on the NOAA chart datum.

(b) Coordination with local Pilots and Docking Masters shall be maintained to determine local minimum requirements for docking and undocking. If the Local Pilots or Docking Masters determine that the requirements stated in C4.(A)1(a) are inadequate for normal ship movements, then the Contractor shall comply with the increased minimum water depth requirements as specified by Local Pilots and Docking Masters for docking/undocking and shall bear all expenses to increase the water depth.

(c) The Layberth Contractor will ensure the removal of all underwater obstacles that create a hazard to the vessel in the Contractors area of responsibility prior to the vessels arrival on berth.

2. If the performance of normal maintenance to the layberth, including dredging, requires temporary movement of the vessel from the subject layberth, the Contractor shall bear all expenses incurred in moving the vessel including but not limited to tugs, pilotage and temporary layberth costs. Any temporary layberth used shall meet all the requirements of this contract.

Should the Contractor be unable to offer an acceptable substitute layberth during such a maintenance period, the Government reserves the right to acquire and move the vessel to a temporary layberth of its choice at the Contractor's expense or to terminate the contract for default.

3. The proposed berthing facility shall be of sound structural design, construction and condition to support a heavy weather mooring plan in accordance with "MOORING SERVICE TYPE III" standards as identified in MIL-HDBK-1026/4. A draft heavy weather mooring plan with drawings shall be submitted no later than 14 calendar days after Contract award date. An approved mooring plan and drawings shall be submitted no later than 14 calendar day before the Contract Start Date.

(a) The layberth shall have a sufficient number of properly positioned and fastened mooring line fittings (bollards, bitts, cleats, etc.) to meet Mooring Service Type III requirements for the vessel(s) assigned (See Section J for ship dimensions and wind speeds by port). This requirement is modified by any other local requirements mandated by the cognizant USCG Captain Of The Port (COTP) that increases the required strength and shall be the responsibility of the Contractor for the duration of the contract.

(b) The heavy weather mooring plan and calculations shall demonstrate full compliance with all the relevant terms and conditions in this contract, showing that the vessel(s) can be safely moored permanently at the proposed layberth up to the maximum weather and wind conditions specified herein.

(c) When preparing mooring calculations, the combination of wind direction, wind speed, tides and currents shall be analyzed to determine the worst-case scenario. If the layberth is within 1,000 feet of a navigation channel, a passing vessel analysis is to be prepared. Identify pier improvements required to mitigate the passing vessel effects. Assumptions to be used

(i) Passing vessel speed is reasonable for the area if not regulated or controlled.

(ii) Distance off moored vessel is the max length vessel allowed to transit the area.

(iii) Assume draft of passing vessel is max draft allowed to transit the area.

(d) The mooring lines and layberth mooring points shall be analyzed in accordance with NAVSEA Design Data Sheet, DDS 582-1, "CALCULATIONS FOR MOORING SYSTEMS".

In performing this analysis, a minimum factor of safety of 2.5, based on the minimum calculated breaking strength for polyester or polyolefin line is required for all mooring lines subject to tension forces. OPTIMOOR software is an acceptable methodology.

(e) When calculating the safe working load of layberth mooring points, a minimum factor of safety of 5.0, based on the ultimate strength of the fitting is required. The Safe Working Load of all fittings on the layberth shall be identified on the required drawings that are submitted to the Government.

(f) The layberth Contractor shall ensure that the ships are moored in accordance with the heavy weather mooring plan. If the vessels are not moored in accordance with the approved mooring plan, the Contracting Officer or COTR shall be notified in writing as soon as this deficiency is discovered.

(g) US Coast Guard Captain of the Port must agree that the proposed use of the facility does not create a navigational hazard, or obstruction of navigational aids due to vessel air draft, nor are there any other waterway conflicts.

(h) All heavy weather mooring arrangements are subject to the approval of the U.S. Coast Guard Captain of the Port. The Contractor shall be responsible for any action to satisfy the U.S.

Coast Guard Captain of the Port requirements for layberthing the vessel under the condition that these vessels are incapable of getting underway to sail out of the track of impending heavy weather due to their reduced operating status. The vessels are intended to stay at the layberth facility during heavy weather. The Contractor is responsible for any additional modifications to the facility and the vessel(s) required to meet and maintain the Coast Guard's approval requirements.

4. Mooring line fittings shall be sufficiently arranged to minimize the magnitude of ship motion, positioned to not result in excessively steep mooring line angles, and of sufficient size and design to hold the number of turns and/or eyes of ten (10) inch or less circumference mooring lines without chafing as called for in the heavy weather mooring plan.

5. When vessels are moored as indicated in C.3.(H), aft mooring lines for the vessels must be positioned so as not to interfere with the lowering and raising of the stern ramp.

6. Nesting of the ADMIRAL WILLIAM H CALLAGHAN and CAPE ORLANDO will be permitted with CAPE ORLANDO being the inboard vessel. Stem-to-stern nesting will not be permitted.

7. The facility, including but not limited to the layberth and associated structures, shall be well preserved and maintained at all times to ensure the proper level of safety and security for the vessel and the facility, the safe movement of the vessel and vehicular traffic within the facility, and the cleanliness of the layberth (e.g., free from garbage and debris).

8. The Contractor shall continually provide all resilient fenders (including resilient fenders between nested vessels) of adequate construction, size, and number to safely resist the maximum anticipated loads based on the heavy weather mooring calculations from the approved heavy weather mooring plan specified in C.4.(A)(3).

(a) Resilient fenders between the dock and the vessel shall be provided to keep the vessel off the "hard" portion (e.g., wood, metal, concrete) of the dock face at all times (timber fender piles are not considered the “Dock Face”). No hull contact with "hard" surfaces is acceptable. In lieu of resilient fenders, High Impact Ultra High Molecular Weight (UHMW) polyethylene, used as recommended by the manufacturer, is acceptable fender material between the ship and layberth.

(b) The resilient fenders used between nested ships will keep the vessels at least four (4) feet apart in all weather conditions.

(c) The maximum allowable pressure is 25 pounds per square inch (psi) against any portion of the vessel hull by fenders or other structures. The maximum horizontal distance between any two fendering points shall not be more than 100 feet. Ship's hull curvature/flare shall be analyzed carefully to determine proper fendering locations. Section J provides vessel drawings, estimated sail area, and data on the approximate parallel mid-body for use in calculations.

(d) After the vessel(s) arrives at the berth, the government will inspect to ensure proper fendering.

9. The dock shall meet the following minimum criteria:

(a) The deck shall have a paved concrete or asphalt surface in good condition.

(b) The dock shall be of sufficient strength and dimensions to facilitate the movements of an HS 20-44 truck or the largest local fire fighting vehicle, whichever is greater, to and from the locations identified for the applicable vessel. The width of dock apron shall safely accommodate the two-way passing of two HS 20-44 trucks or fire fighting vehicles whichever is greater. All fixed structural mooring fittings shall be accessible by foot traffic, (e.g., line handlers).

Alternative mooring arrangements requiring boat access will be acceptable.

(c) The dock shall safely support vertical live loads as follows:

(i) Support uniform loading of 425 lbs. per square foot in all areas except the portion of the layberth supporting the stern ramps for the Cape O class vessel that are berthed alongside the layberth. For the Cape O vessel, the pressure exerted by the ramp (lbs/ft2) on its designed base (ft2) is listed directly below. The distance between the dock height and the water level shall enable the ramp to be lowered upon arrival at the layberth and be kept in a serviceable position continuously without the need to secure the ramp due to water level changes.

CAPE ORLANDO

Pressure exerted 425 lbs/ft2 Base area 350 ft2

(ii) The dock shall support a point-load characterized by a small tire warehouse forklift with 4,000-lb load.

(iii) The CAPE ORLANDO will have the stern ramp lowered onto the dock for vehicle access. Only the inboard vessel, if nested, must be able to deploy the ramp, however, if the berth configuration is such that both vessels can deploy the ramp this shall be accomplished without having to shift the vessels from the originally intended berthing position.

(iv) When lowered, stern ramps will extend aft of the vessel and horizontally over the layberth as listed below:

CAPE ORLANDO

Distance Aft 80 ft Distance Horizontal 33 ft

(v) The area on the dock where the ramp will be landed shall be clear of any obstruction (e.g., bollards, piping, bull rail…). The dock shall accommodate the lowered stern ramp at all times. The dock area supporting the ramp shall permit access of an HS 20-44 truck onto the vessel.

(vi) The dock shall support truck loading to include the heaviest local fire fighting vehicle used in fire fighting efforts and American Association of State Highways and Transportation Officials (AASHTO) standard HS 20-44 truck. Standard HS 20-44 can be found in the Standard Specification for Highway Bridges and is available at the following address:

AASHTO

444 N. Capitol St., N.W.

Suite 249 Washington, D.C. 20001

(202) 624-5800

10. Present no obstruction, protrusion or obstacle that may prove hazardous to the ship and/or personnel.

11. The dock shall be located sufficiently distant from areas where sand, grit, dust, bird droppings or other airborne or waterborne substances could hazard the material readiness of the ship's equipment or crew safety. If foreign material is deposited on these vessels, the Contractor shall be responsible for the cost of cleaning the vessel to the satisfaction of the Government.

Persistent deposits of foreign material are cause for termination of this contract by default.

12. The Contractor shall prevent the ability of unauthorized personnel to access the layberthed vessels. The Contractor shall have and implement a layberth facility security plan.

This is accomplished principally through the use and placement of fences and gates. Fencing to support the security plan shall be well-maintained. The layberth contractor is not responsible for providing security personnel. If the layberth is part of a larger facility, there shall be a security fence separating the layberth from the rest of the facility. Perimeter fencing of the larger facility can be used for the layberth perimeter barrier for common fence lines.

(a) The security fence shall be of adequate height (minimum of eight (8) feet) and rimmed with razor or equivalent wire, so constructed around the berthing area to prevent unauthorized personnel from approaching the ship's hull and prevent unauthorized access to mooring fittings.

The recommended distance is 100 feet, however any placement of the fences must take into account that a minimum of 35 feet is required to provide adequate room for two way traffic of HS 20-44 vehicles. Razor or equivalent wire shall also be used on all open side sections of the fence to prevent access around the fence. Perimeter fencing that runs over land to the water's edge shall extend eight (8) feet beyond the mean low water level. When fencing extends from the dock above the water, razor or equivalent wire will be placed on the edge and bottom of the fence.

(b) The fence shall have a gate of sufficient size to allow access of the size vehicles discussed in C.4.(A)(17). It shall have a lock with a card key/key code access system. The gate(s) shall be visible from the vessel. Card keys/access codes are to be provided to MARAD surveyors and appropriate crewmembers as determined by the ship manager.

(c) Fences and gates shall be properly maintained at all times. This includes, but is not limited to, ensuring that all fences, gates, and posts are free of rust, properly painted, vertically aligned and kept in a tear-free state (free from holes).

13. The Contractor shall ensure personnel and contractor access to and security of the facility to meet the requirements set forth below:

(a) Layberth and ship access shall be available at all times (including Contractor provided access between nested vessels) to facilitate training, crew boarding, cargo handling, ship husbanding, activations, and repair services required by the Government or its contractors.

(b) The Government/Ship Manager reserves the right to subcontract for ship repair and/or stevedore services of its own choosing for the purpose of performing work onboard, or associated with the vessel, at all times that the vessel is moored at the facility. Said contractors and subcontractors shall be provided with unencumbered access to the vessel (including support vehicles) including, but not limited to, access across any and all labor related picket lines. The ship's crew shall be permitted to load ship's stores and spare parts without the assessment of stevedore's fees.

14. The layberth and structures adjacent to the layberth shall not present a fire hazard to the vessel(s). The lay berth shall be fire protected with an approved fire extinguishing system if built with a combustible material such as wood or equivalent.

15. The Contractor shall be responsible for, and bear all expenses associated with ensuring that there are properly paved and maintained access roads, (including bridges and tunnels if applicable) within the layberth facility. At all times during the term of this contract, access roads (including bridges and tunnels) shall not present obstructions nor restrict the safe access to the dock by personnel and vehicular traffic including all local firefighting vehicles and AASHTO HS 20-44 trucks.

16. The access roads and bridges shall have sufficient load bearing capacity and dimensions for AASHTO standard HS 20-44 truck traffic and the largest and heaviest local firefighting vehicles.

17. There shall be an adequately sized turn around area to enable AASHTO standard HS 20- 44 trucks to turn around. The turn-around area shall be in close proximity to the dock apron so that such vehicles can turn around and back up to the dock or turn around before leaving via the access road.

18. Provide a paved, fenced, lit, and well-maintained parking area. There shall be at least 20 spaces for automobiles and/or small trucks for each ship. Parking spaces shall be clearly marked and be at least 10 feet wide and 20 feet long. The parking spaces shall not infringe on the access requirements defined in C.4. Lighting intensity shall be at least 1.0 foot-candles and be of an automated system to come on prior to dusk and turn off after dawn. It is recommended that the parking area be no closer than 100 feet to the vessel(s) and no farther than 500 feet from the vessel(s) but must meet the criteria identified in the sub-paragraph below.

(a) Does not require motorized transport between the parking area and the vessel.

(b) Does not require authorized personnel to pass through additional security check-points.

(c) Does not require crossing major traffic routes or if part of a larger facility does not require crossing inbound/outbound truck traffic lanes.

(d) Can not be more than 1380 feet from the pier entrance point.

(e) Near-vessel parking does not prevent delivery by truck to the vessel, does not reduce or inhibit truck turnaround area, and does not inhibit, block, or otherwise obstruct the 2-way passage of emergency vehicles throughout the length of the layberth.

19. Road maintenance within the layberth facility shall be the responsibility of the Contractor. All access roads, roadways, and layberth shall be kept clear from snow, ice, debris, potholes and vegetation at all times.

20. Provide lighting of at least 1.0 Foot-candles on the layberth for its entire length and width to include all mooring points and parking areas to permit safe passage of personnel, line handlers, etc. Lighting is to be an automated system to come on at dusk and turn off after dawn.

21. Ensure that telephone communication with the facility operator and/or manager are available to the Government on a 24-hour a day, seven-day a week basis. The Contractor shall maintain telecopier/email capability (fax machine) in support of this requirement during normal working hours at the place of business.

22. The port must be navigable 24 hours a day under normal conditions.

23. Contractor shall have a Spill Prevention, Control, and Countermeasures Plan for their facility that is in accordance with the Clean Water Act as amended by the Oil Pollution Act of 1990.

24. There shall be an availability of first responders to include local fire-fighting, police and emergency resources for combating a vessel fire or other emergency at the layberth. All first responders shall be located within a 15-minute transit time of notification to the layberth.

(B) The following services shall be provided by the Contractor at the layberth:

1. Separate shore power outlets, connections and electric company metered services for each ship (including cables and attachment fittings approved by U.S. Coast Guard, American Bureau of Shipping, or equivalent) rated to meet the 3-phase/60hz electrical requirements identified in Section J to supply electric power for machinery tests, dehumidification equipment and cathodic protection. Electric service shall provide circuit breakers equipped with short circuit and overload protection on all three phases plus disconnects where county required, and when using single conductor cables, they must be of the same length, new and/or in good condition.

2. Three telephone lines and one high speed data line for each ship (including cables, attachment fittings, jack, and phones) shall be provided. Initial activation and ongoing service charges for all the lines shall be paid for by the Ship Manager/General Agent. Any additional lines requested by the Ship Manager/General Agent will be at their expense.

3. An industrial size dumpster (minimum size shall be 4.0 cubic yards), shall be located within 100 feet of the gangway base of each ship. Contractor shall have the dumpster emptied on a regular basis, not less than weekly.

4. Layberth potable water service with demonstrated pressure maintained at minimum of 40 PSI via a minimum of a two and one-half inch (2½ inch) line capable of a minimum requirement of 200,000 gallons per day (g.p.d.)

5. The dock shall have a suitable landing area to receive the vessel's accommodation ladder at any water level. If at any time it is determined by the Government that the platform is improperly positioned or of insufficient size, it is the Contractor's responsibility to resolve the problem at Contractor's expense. This would include fabricating and installing a separate and distinct gangway system, if determined necessary by the Government.

6. Provide direct sewage shore connection for vessel effluent discharge when required by law. The contractor shall furnish all hoses and fittings as required to properly connect to the vessel effluent discharge connection. All hoses, fittings and equipment utilized by the Contractor shall be in good material condition. The Contractor shall ensure that all effluent is handled and disposed of in accordance with applicable federal, state, and local laws and regulations.

7. The Contractor shall arrange for and provide regularly scheduled recycling pick-ups at its facility if not already being provided.

(a) The type of Container to be provided is based on availability of service at the contractor's facility. Recycling containers should be picked up and/or emptied on a weekly basis or to the frequency available at the facility. The materials to be recycled are: glass, metal/Aluminum, paper, cardboard, plastics and construction steel (a steel bin need only be provided if it is available in the area where the facility is located). All costs for these services are reimbursable under the contract except for costs currently included in other refuse service charges and that all contractor handling costs and fees shall be included in the berthage per diem.

(b) Container size: Recycling containers need to be of sufficient size to accommodate the material generated by the vessel over the course of the pick-up cycle. Containers are measured in volume. Container size will be determined by availability at each facility; 4 cubic yard (CY) and 95 Gallon capacity recycling bins have been identified as customary sizes and it is estimated that one of either of these size bins per ship will be sufficient to start the service.

(C) Full Service Port Complex requirements:

The layberth facility shall be located in or near a full service port complex that has the following services available (Where not otherwise stated below, to be located in the full service port complex the facility for the required service shall be located no farther than 15 nautical miles from the Contract's layberth):

1. There shall be at least 3 existing ship repair companies that in their normal course of business perform ship repair services for comparable ocean-going vessels. Company facilities shall be located within 30 miles driving distance from the layberth. The businesses must be on call 24 hours a day and provide services including but not limited to the following crafts:

welders, machinists, boilermakers, pipe fitters, riggers, electricians, labor, and skilled trades. In addition, companies shall have timely access to all materials and tools customary to the business of ship repair and ship repair services.

2. There shall be pilot services available 24 hours a day and seven days a week to support individual or multiple simultaneous vessel movements.

3. There shall be tugs normally involved in commercial ship-assist/harbor movements capable of arriving at the vessels within 120 minutes of request for service. The normal "home" dock for each ship-assist tug shall be no more than 15 nautical miles via navigable waterways from the layberth site. There shall be adequate ship-assist harbor tugs to safely move all the vessels under this layberth contract, while in a dead ship status, independently and simultaneously. This includes but is not limited to moving the ships to a safe anchorage, to another facility within the port complex, and maneuvering the ships within navigable turning basin and shipping channels.

4. If commercial water-borne bunkering services are not available within the port complex where the layberth is located, delivery of bunkers to the vessel by barge must be allowed.

5. There shall be oily waste disposal services and a US Coast Guard recognized Oil Spill Response Organization within 2 hours waterborne transit via navigable waterways from the layberth.

C.5 CONTRACT PRICE

(A) The price shall include the cost of providing all items in Section C and H.4 (Indemnity and Insurance) except for items identified in Section C.6. Section C identifies specific items for which the Contractor must bear all costs. Certain items are specifically identified in Section C for emphasis only. Contractors must include all items in Section C (except Section C.6) and Section H.4 in the per diem berthing fee including but not limited to:

1. A safe berth (including resilient fenders), adequate to provide a safe mooring.

2. Casualty, accident and liability insurance, as specified in Section H.4.

3. All handling charges and fees for reimbursable services.

4. Costs related to upgrading the offered facility and installing separate electric power lines, transformers, and meters. These include, but are not limited to, costs billed by power companies on a monthly basis or paid in a lump sum to cover the installation of power lines, transformers and meters, and costs incurred directly by the Contractor to install the power lines, transformers and meters.

(B) When vessels leave and return to the layberth, the prices for connecting and disconnecting power, telephones, water, and sewer are separate line items that are not part of the per-diem rate and are paid according to the rates specified.

C.6 REIMBURSABLE SERVICES

(A) Reimbursable services agreed to by the Government shall be paid by the Contractor and reimbursed by the Government.

(B) Electrical power that is consumed shall be measured on the local electric company's meter. The Government will order reimbursable electric power service from the Contractor if the Contractor obtains a commitment from the power company to exempt the layberth's electric service from taxes. In the event the Contractor is unable to obtain tax-free electrical services, the Government may at its discretion contract directly for the services or order the reimbursable electric power from the Contractor, notwithstanding the tax consequence.

(C) Water and sewage cost will be reimbursed by the Government based on the public utility bill.

(D) Trash removal will be reimbursed by the Government for services in excess of the requirements identified in C.4.(B) 3.

(E) Recycling services as identified in C.4.(B) 7. will be reimbursed by the Government based on the service provider invoice.

SECTION D -- PACKAGING AND MARKING

SECTION E --INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://acquisition.gov/far/current/html/FARTOCP52.html

Clause Title Date 52.246-05 Inspection of Services—Cost Reimbursement April 1984 (applies to reimbursable services only) 52.246-04 Inspection Of Services- Fixed Price August 1996

E.2 DELEGATION OF AUTHORITY FOR INSPECTION AND ACCEPTANCE

The Contracting Officer’s Representative shall be delegated the responsibility and authority to conduct inspection and acceptance duties for this contract.

E.3 PLACE OF INSPECTION AND ACCEPTANCE

Inspection will be performed at the point of delivery set forth in Section F. Acceptance will be performed at the points of delivery set forth in Section F.

E.4 INSPECTIONS

(A) The Government or other persons authorized by the Government, at its expense, shall have the right to inspect at any time, upon reasonable notice to the Contractor, and to jointly survey the facility to ascertain its material condition and to perform other contract quality assurance functions as deemed necessary and appropriate by the Government. Inspections of layberth maintenance, preservation, cleanliness, records, technical documentation, and operating procedures shall be conducted from time to time to verify that accomplishment of services meet the requirements of this contract.

(B) Except as specified in paragraph (c) below, no order, statement, or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(C) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise granted in writing by him or included as part of this contract.

E.5 FINAL ACCEPTANCE

Final acceptance of all services provided under this contract shall be made only upon certification of the Final Invoice as defined in the invoicing provisions contained in Section G. Such certification shall be made by the Contracting Officer or the designated representative.

E.6 Soundings

Any references in this contract or solicitation to E.6 Soundings refer to this clause.

The Contractor shall provide Multi-beam Echo type soundings prior to the start date of the contract. If the option year(s) is (are) exercised the Contractor shall provide soundings to the Government once each year. If movement of the vessel is required to conduct the initial survey, all costs associated with moving the vessels, including the cost of the temporary berth, shall be at the contractor's expense. If deficiencies are discovered in any of these soundings the Contractor shall also provide soundings following actions taken to remedy the said deficiencies.

The soundings are to be taken with a Multi-beam Echo sounding system. Swath coverage between 89° to 181°, frequency between 159 - 461 kHz, and use of a differential Global Positioning System (GPS) for positioning. The use of vessel motion and sound velocity sensors must be utilized to maximize accuracy of the soundings. Soundings must be corrected to show depths at the NOAA chart datum and print-out must show bottom characteristics. Soundings of the entire length of the berth to 75 feet beyond the furthest outboard vessel must be shown. The soundings must be in a three dimensional, as well as a standard linear format.

These soundings are to be scheduled when the vessel(s) is (are) away from the berth and taken at a time agreed to between the Government and the Contractor, but not later than the Contract Start Date in the contract's base period and no later than 60 days after the start date of any option year exercised (if the multi-year alternate is awarded soundings must be performed within the first 60 days of start of the second and third program year). Soundings shall be submitted to the Government within two weeks of completion of the survey.

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 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 $5,655 per calendar day of delay plus a lump sum amount of $22,700 per incident that requires the vessel to move for tugs, line handlers, agent contractor, manager, pilot and inspection services.

(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, 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 excess costs of repurchase under the Termination clause.

(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 as defined in the Default-Fixed-Price Supply and Service clause in this contract.

F.2 PLACE OF PERFORMANCE

The vessels shall be layberthed on the US West Coast between California and Washington inclusive of all navigable waters up to 150 miles from the Seabuoy with sufficient breadth and depth which permits continuous year-round passage. This includes inland Ports in Oregon and Puget Sound Ports in Washington. Vessels can be berthed at separate facilities but must be no more than five (5) miles apart.

The specific location, name, and number of the berth for the vessel(s) at the contractor's facility is given below:

VESSEL 1 ________ 5-Year Schedule____ 10-Year Schedule____

BERTH________________________ NESTED OUTBOARD: _____YES ______NO

VESSEL 2 ________ 5-Year Schedule____ 10-Year Schedule____

BERTH________________________ NESTED OUTBOARD: _____YES ______NO

F.3 MAILING ADDRESS

Bidders shall furnish the mailing address of every proposed layberth.

SECTION G --…