Amendment 0008 SF30 693JF722R000009 Sections C-M.pdf

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693JF722R000009

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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

05/03/20230008

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

12/21/2022

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.)

2023 Solicitation for Ship Management Services - Amend. No. 0008

PROPOSAL DUE DATE: Due date for proposal submitted electronically via the EPIC Website remains 1600 hours ED (Eastern Daylight Time), May 12, 2023.

CUT-OFF DATE for QUESTIONS: Expired: 1600 hours ET, March 14, 2023.

Section C-M is revised as follows:

L.9.1.9 Attachment J-12, Pricing Data, is revised to permit use of separate instances of

J-12 without providing justification in writing where crew wages/benefits differ among ship

Continued ...

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)

Robert J. McDermott

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 .

05/03/2023

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 192

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

693JF722R000009/0008

groups.

Attachment J-12, Pricing Data, is revised at Tabs

ROS5CrewCosts and ROS10CrewCosts, cells in Column

H, Vacation Benefit Per Diem, to allow formula edits by Offeror to reflect increases in the benefit over time. For example, if the paid vacation time were to change from 2 in 30 to 5 in

30 days, add a term to the MARAD formula to multiply the amount by 5/2. In this instance, a formula =B158/5*24/365 would change to

=B158/5*24/365*5/2.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

RRF SHIP MANAGEMENT SERVICES RFP SOLICITATION No. 693JF722R000009 TABLE OF CONTENTS Amendment No. 0008

TABLE OF CONTENTS

SECTION C. Performance Requirements

C.1 Introduction

C.2 Scope of Work and Purpose

C.3 Period of Performance

C.4 Place of Performance

C.5 Hours of Operation

C.6 Government Furnished Equipment (GFE)/Property (GFP)/Information (GFI)

C.7 Reserved

C.8 Business Management

C.9 Readiness

C.10 Operations

C.10.1 Ship Activation and Transition to FOS

C.11 Maintenance

C.11.1 Material Condition Assessment and Readiness

C.11.2 Dock Trial

C.11.3 Ship Habitability

C.11.4 Ship Repairs and Modifications

C.11.5 Maintenance Plan and Execution

C.11.6 ROS-4/5 to ROS-10

C.12 ROS to NDRF/Scrap

C.12.1 General Requirements

C.13 Layberths

C.13.1 Ships at Government-Contracted Layberth

C.13.2 Ships at Government-Operated Layberth

C.13.3 Contractor-Arranged Layberth

C.13.4 Change in Layberths

C.14 Ship Transition and Modification

SECTION D. Packaging and Marking

SECTION E. Inspection and Acceptance

SECTION F. Deliveries or Performance

SECTION G. Contract Administration Data

SECTION H. Special Contract Requirements

SECTION I. Contract Clauses

SECTION J. List of Documents, Exhibits and Other Attachments

SECTION K. Representations, Certifications and Other Statements of Offerors

SECTION L. Instructions, Conditions, and Notices to Bidders

SECTION M. Evaluations and Factors for Award

SECTION C – PERFORMANCE REQUIREMENTS Amendment No. 0008

SECTION C. Performance Requirements

C.1 Introduction C.1.1 Ready Reserve Force (RRF) Primary Function(s)/Mission Statement: The RRF is a subset of ships within the Department of Transportation (DOT) Maritime Administration (MARAD) National Defense Reserve Fleet (NDRF) ready to support the rapid worldwide deployment of United States (U.S.) military forces at the outset of conflict or crisis. As a key element of Department of Defense (DoD) strategic sealift, the RRF primarily supports transport of unit equipment, combat support equipment, and initial resupply during critical surge periods – the period of time before commercial ships can be secured for similar support. When activated, cargo will be loaded aboard these Government-owned, contractor-operated ships for transportation in support of operations worldwide. The ships under this contract are tasked with being ready to deploy anywhere in the world within 5 to 10 days of notification at all times (please note: throughout this document, references to numbers of days implies calendar days unless business days is specified). The RRF provides greater Government-owned surge sealift capability. In addition, Section C includes requirements for the management of Missile Defense Agency (MDA) ships Technical Exhibit (TE)-01 lists the acronyms and definitions referenced in this document. TE-02, Ship Management Contract Technical Manual (SMC TM) provides overall intent/expectations for the contract. Organizational Structure of MARAD is in TE-03.

C.1.2 Other Missions: The RRF may be activated to support missions assigned by the DoD, or by other Federal agencies related to response activities under the National Response Framework or national or defense tasking guidance.

C.1.3 Background: The RRF program was initiated in 1976 and is defined by a Memorandum of Agreement (MOA) between DoD and DOT. To date, the RRF has participated in hundreds of ship activations, with dozens per year supporting military exercises and operations as well as response efforts for emergency declarations or DoD tasking.

C.1.3.1 Strategically Positioned. Some RRF ships are berthed within the Beaumont Reserve Fleet, but most are layberthed at various U.S. ports around the country, a combination of Government and commercial facilities selected by military planners to minimize sailing time to strategic locations. RRF ships at berth are also used by the Army and Navy for cargo-handling exercises, and by various law enforcement agencies for homeland security training.

C.1.3.2 At-the-Ready. RRF ships are expected to be fully operational within their assigned 5- and 10-day readiness status and then sail to designated loading berths. Commercial U.S. ship management companies provide systems maintenance, equipment repairs, logistics support, activation, manning, and operations management by contract. The RRF is periodically tested by DoD activations of ships for military cargo operations and exercises.

C.1.3.3 Crewed by Mariners. Ships in priority readiness have Reduced Operating Status (ROS) maintenance crews of commercial merchant mariners, consistent with Required Crewing for ROS and Full Operational Status (FOS) (J- 01), that are then supplemented by additional mariners on a situational basis once activated.

C.2 Scope of Work and Purpose C.2.1 MARAD issued this Performance-Based Service Contract (PBSC) for maintenance and operational services for NDRF/RRF ships. MARAD expects that this PBSC will sustain a high level of quality service, productivity, and maximize cost savings during performance.

C.2.2 Performance Requirements Summary (PRS): The Performance Requirements Summary attachment (J-02) sets forth the expected outcomes (objectives) of the contract, the service(s) required of the Contractor to achieve the objectives, a performance standard per outcome, and recognition for outstanding performance as well as a plan for a reduction in payment in the event the Contractor does not meet the performance standard. The PRS is not an exclusive remedy and inclusion of the PRS does not preclude the Government from using any other remedy available by law or contract terms, including reductions in payment in accordance with (IAW) any clause for inspection of services.

C.2.3 Performance Work Statement (PWS): Section C contains the PWS for all ships.

Contractors shall maintain assigned ship(s) at the assigned Readiness Status (R-Status) and activate and operate these ships in support of national emergencies and defense objectives.

Services required include labor and supervision to equip, provision, supply (including medical supplies), replace, renew, update, maintain, or repair structures, equipment, machinery, outfitting, spare parts, and supplies IAW regulatory body and classification society requirements. The Contractor shall provide administrative support to ensure that all requirements of this contract are accomplished in a timely and efficient manner.

Administrative support includes management personnel, technical support, supplies, materials, and services necessary to maintain and operate assigned ships, to the extent that such materials, reporting, and services are not specified as being provided by the Government. Historical Spending (J-03) is provided for information purposes only.

C.2.4 Reimbursables: The omission of any particular item required for the performance of this PWS does not make the item Government-furnished or reimbursable unless expressly provided for in Cost Reimbursable Items (J-04). However, this does not relieve the Contractor of the responsibility to identify any particular item that is required to sustain the ship’s readiness. All work to be reimbursed shall be authorized by Task Order prior to commencement of work. All work is to be carried out under competent supervision and completed in a timely and lawful manner.

C.2.5 The contract type work for this contact will be Indefinite Delivery/Indefinite Quantity (IDIQ).

C.3 Period of Performance The period of performance for this contract will be a base period of 5 years with one 5-year option for a total contract period of 10 years.

C.4 Place of Performance The place of performance for this contract work will be worldwide.

C.5 Hours of Operation The hours of operation for this contract work are 24 hours a day, 7 days a week (24/7), 365 days a year. For the purposes of this contract, MARAD recognizes the Federal holidays listed in the table below.

Federal Holidays New Year’s Day Labor Day Birthday of Martin Luther King, Jr. Columbus Day Washington’s Birthday Veterans Day Memorial Day Thanksgiving Day Juneteenth National Independence Day

Christmas Day

Independence Day

C.6 Government Furnished Equipment (GFE)/Property (GFP)/Information (GFI) Refer to Government Furnished and Contractor Required Inventory (TE-04) for the complete list of all GFE, GFP, GFI, and required documentation.

C.7 Reserved

C.8 Business Management C.8.1 Quality Standards

C.8.1.1 The Contractor shall be certified and maintain certification to the International Organization for Standardization (ISO) 9001 (latest version), or in lieu of ISO 9001, the Contractor shall be certified to the applicable quality standards IAW American Bureau of Shipping (ABS) Guide for Marine Health, Safety, Quality, and Environmental (HSQE) standards through the performance period of this contract.

C.8.1.2 The Contractor shall provide the Quality Assurance Manual to the Contracting Officer’s Representative (COR) within 90 days from Notice to Proceed (NTP) date.

C.8.1.3 The Contractor shall use a Quality Management System (QMS) during the performance period of the contract. The Contractor’s QMS shall provide guidance to their shore-based and ship-based personnel that addresses all applicable contractual requirements and activities for ships awarded to the Contractor.

C.8.1.4 The Contractor shall provide the COR and the Administrative Contracting Officer (ACO) copies of any changes to the QMS within 5 days of implementation.

C.8.1.5 The Contractor shall ensure that a Purchasing and Subcontractor Quality Assurance Plan, which controls outsourced processes and purchases, is incorporated into the Quality Assurance Manual (QAM). This plan shall ensure that purchased product and subcontractor services conform to specified purchase requirements.

C.8.1.6 The Contractor shall submit to the COR, within 7 days of receipt, copies of all third-party audits of any Contractor policies, procedures, processes, or systems relating to ISO 9001 or applicable ABS HSQE certification.

C.8.1.7 The Contractor shall permit MARAD employees to accompany third-party auditors during their inspections. The Contractor shall give advance notice to the COR at least 5 working days prior to the start of the audit.

C.8.2 Life Cycle Management (LCM)

C.8.2.1 The Contractor and MARAD shall jointly develop an Initial LCM Plan for the remaining service life of the ship IAW Life Cycle Management (TE-05).

C.8.2.1.1 The Contractor shall develop and provide a 5-Year Annual Preservation Plan updated annually as part of the LCM Plan. The preservation plan shall include all areas of the ship, including tanks, where the condition of the coating/preservation indicates that the coating system needs to be repaired or removed and reapplied in the next 5 years. The preservation plan will be used to plan out-year budget requests and support the development of the annual business plan.

C.8.2.1.2 The Contractor shall review and submit the Quarterly LCM Plan by ensuring the plan is captured in NSE.

C.8.2.2 The Contractor shall review and validate current LCM projects identified to assigned ships within 90 days after NTP.

C.8.2.2.1 The Contractor shall modify the existing/current projects, as they deem appropriate, with regard to necessity, priority, scope, and schedule.

C.8.2.3 The Contractor shall identify additional projects deemed beneficial to achieving ship service life and will execute LCM development and refinement a continuous process.

C.8.2.4 The Contractor shall conduct joint LCM Surveys in conjunction with the Special Surveys for Class with MARAD.

C.8.2.5 The Contractor shall use NSE for all business plans, maintenance reporting/tracking, and other functions to support operational requirements.

C.8.2.6 The Contractor shall include LCM projects IAW NSE Business Plan Protocol and the Annual Business Plan Guidance Letter in their budget year and budget year +1 budget business plans, as well as designate LCM projects for out-year accomplishment.

C.8.2.7 The Contractor shall not view completion of LCM projects as contingent to sustaining ship readiness and LCM funding shall not be deemed an extension of the allotted maintenance funds for a specific ship. The Contractor shall incorporate into the Business Plan any replacements or enhancements which improve efficiency, capability, and/or reliability or those directed by MARAD.

C.8.2.7.1 The Contractor shall develop plans and specifications for MARAD-directed LCM projects for inclusion in the business plan and accomplish those projects IAW the Approved Baseline Business Plan (ABBP).

C.8.2.7.2 The Contractor shall categorize modifications as maintenance actions or as LCM actions within the ship’s ABBP.

C.8.2.7.3 The Contractor shall document the completion of all LCM items IAW NSE Maintenance Protocol. All supporting data shall be attached as “File Attachments” to the Work Order/Service Requisition (WO/SR) in NSE.

C.8.3 RRF Business Plan

C.8.3.1 The Contractor shall develop, review, and submit ship-specific business plans IAW MARAD’s Annual Business Plan Guidance.

C.8.3.2 The Contractor shall develop and submit a detailed Initial Business Plan (IBP) for the Budget Year and Program Objective Memorandum (POM) (Budget Year, Budget Year Plus 1, Budget Out Years) for each assigned ship IAW annual planning guidance issued in the second quarter of each fiscal year.

C.8.3.2.1 The Contractor shall ensure that the IBP includes work to be accomplished, required resources, schedule of performance including out-of-readiness periods.

C.8.3.2.2 The Contractor shall ensure the IBP shall include food and hotel services for 12 additional embarked personnel at FOS daily rate.

C.8.3.3 The Contractor shall prepare and submit a Final Business Plan (FBP) incorporating MARAD-issued targets, risks associated with performance (i.e., technical, cost, schedule, readiness), and approaches to mitigate risks, comments, and changes for each assigned ship IAW annual planning guidance.

C.8.3.3.1 The Contractor will include a risk narrative in the FBP that address potential performance risk (i.e., technical, cost, schedule readiness) associated with budget constraints, regulatory oversite, changes in maritime industrial base, and labor and/or supply chain challenges.

C.8.3.4 The Contractor shall prepare and submit an ABBP IAW the MARAD-issued Business Plan Approval Letter for each assigned ship issued in mid-September of each year.

C.8.3.4.1 The Contractor shall submit concerns to the Area Division Ship Operations and Maintenance Officer (SOMO) in writing within 5 business days of receipt of the Resource Management Board-approved business plan changes if the Contractor determines any MARAD-directed change to the ABBP may result in unacceptable risk to ship readiness or performance of the contract.

C.8.3.4.2 The Contractor shall make required revisions after Area Division SOMO final decision on the Contractor’s concern is received and submit the ABBP in early October of each year.

C.8.3.5 The Contractor shall develop and submit detailed cost estimates for each ship IAW NSE Business Plan Protocol (TE-06), the Notional Business Plan Template (issued annually), and Annual Business Plan Guidance Letter.

C.8.3.6 The Contractor shall submit a detailed Plan of Action and Milestones (POAM) of requirements for dry docks and for projects over $3M IAW the Business Plan Notional Template.

C.8.3.6.1 The Contractor shall develop a Warranty Management Plan that will describe in detail what constitutes a valid warranty claim and will describe for MARAD the process for submitting warranty claims.

C.8.3.7 The Contractor shall ensure business plan development (maintenance and repair) is a continuous process executed at NTP and prescribed through formal guidance from the MARAD. This process shall encompass all known facets of the budget, scheduling, maintenance, repair, manning, training, regulatory compliance, and operation (if planned) of the ship. The business plans shall identify all estimated resources and be scheduled for successful execution within the corresponding fiscal year of execution.

C.8.3.8 The Contractor shall identify proposed C-3 and/or C-5 periods within the ship’s Business Plan. The Contractor may be expected to adjust their proposed C-3 and/or C-5 periods IAW the direction of MARAD when fleet-wide readiness is evaluated.

C.8.3.8.1 The Contractor shall, as directed, adjust planned Out of Readiness periods to assure class-specific readiness levels are sustained at high levels.

C.8.3.8.2 The Contractor shall notify MARAD of any changes to the planned C-3 and/or C-5 period as approved in the ABBP.

C.8.3.9 Modifications to Business Plans

C.8.3.9.1 The Contractor shall, if a ship is deployed on a mission, identify all impacts to the execution of the balance of the ABBP (including outyears, if necessary) and make recommendations to the COR to change the ABBP to mitigate the impact due to the activation within 10 days of the ship returning to ROS status.

C.8.3.9.2 The Contractor shall update and/or modify business plans to meet changes in priorities directed by MARAD.

C.8.3.9.3 The Contractor shall provide ABBP modification recommendations to the COR using the ABBP Streamline Approval Process Request (TE-07, Tools and Templates).

C.8.3.9.4 The Contractor shall execute the approved changes to the ABBP.

C.8.3.10 Business Plan Execution and Monitoring

C.8.3.10.1 The Contractor shall execute and monitor the ABBP.

C.8.3.10.2 The Contractor shall execute the ABBP upon receipt of an authorizing

Task Order.

C.8.3.11 Quarterly ABBP Execution Evaluation

C.8.3.11.1 The Contractor shall generate an ABBP Execution Evaluation Report using the Business Plan Execution Monitoring feature of the Government-provided reporting tool (updated annually) as the basis for the quarterly ABBP Execution and Evaluation Report described below.

C.8.3.11.2 The Contractor shall evaluate their execution of the ABBP and provide a quarterly ABBP Execution Evaluation Report for each fiscal year that has open work. The quarterly ABBP Execution Evaluation Report shall address the following:

• All work that was carried over from the previous fiscal year(s) and the status for that work

• Status of ongoing work that includes potential risk to cost and schedule

• Work that was completed as scheduled in the ABBP

• Work that was scheduled to start during the quarter under review but was not started to include a justification for the delay

• Work that was scheduled to finish during the quarter under review but was not completed to include a justification for the delay

• Plans and schedules to address items delayed during the quarter

• Work that exceeds the estimate by more than 20% and the impact this may have on the execution of the remaining work in the Task Order

• Funding shortfalls

• Work schedule changes/risks in the follow-on quarters

• Potential cost risk to any work during the follow-on quarters

• Physically complete work items

• Task Orders ready to be closed out including those from previous fiscal years

C.8.3.11.3 The Contractor shall schedule and hold quarterly meetings with the Area Divisions to discuss the ABBP Execution Evaluation Report.

C.8.3.11.4 The Contractor shall attach the report in NSE to the Standard Job/Work Order (SJ/WO) and notify the COR of completion.

C.8.3.11.5 The Contractor shall provide additional requirements for third quarter fiscal year ABBP Execution Evaluation Report. This report is due no later than (NLT) July 31. The report shall address the following:

• Status of ongoing work including potential risk to cost and schedule

• Work that was scheduled to start during the fiscal year but has not started, to include a justification for the delay and a plan of action to complete the work

• Work that was scheduled to finish prior to the end of the fiscal year, but potentially will not be finished to include justification for the delay and a plan of action to complete the work

• Identify all Task Orders that will potentially need to be extended beyond the current performance period

• Identify any funding shortfalls or potential funding shortfalls

• Identify any excess funds or potential excess funds

• Identify work items that are physically completed

• Identify Task Orders ready to be closed out, including those from previous fiscal years

C.8.4 Regulatory Compliance

C.8.4.1 The Contractor shall operate and maintain the ship and related ship systems and equipment IAW United States Coast Guard (USCG) and ABS rules and regulations that would apply to equivalent sized non-Government owned commercial ships engaged in international transportation of cargo.

C.8.4.1.1 The Contractor shall include all risk associated with compliance with regulatory requirements in the FBP as required by Section 8.3.3 above.

C.8.4.1.2 The Contractor shall monitor upcoming changes to regulatory requirements and notify MARAD accordingly, including projections for additional resources needed for compliance, if necessary.

C.8.4.2 The Contractor shall integrate all applicable regulatory and ABS requirements into the planning and execution of this contract.

C.8.4.3 The Contractor shall submit their concerns to the COR and the Area Division SOMO via email whenever an occasion arises that USCG does not recognize the terms of the current MARAD/USCG Memorandum of Understanding

(MOU) (TE-08), or the Contractor requires further clarification of the provisions.

C.8.4.4 The Contractor shall submit their concerns to the COR and Area Division SOMO via email whenever an occasion arises that ABS does not recognize the terms of the current MARAD/ABS MOA (TE-09), or the Contractor requires further clarification of the provisions.

C.8.4.5 The Contractor shall ensure all documentation, including regulatory body databases and NSE, reflect the actual dates that inspections and surveys are completed and documented.

C.8.4.5.1 The Contractor shall clarify the inconsistency with the regulatory body where inconsistencies exist.

C.8.4.5.2 The Contractor shall notify the COR within 5 business days of identification of any USCG or ABS inconsistencies and upon resolution.

C.8.4.6 The Contractor shall notify the COR if the Contractor determines the ship cannot maintain the Planned Maintenance/Condition Monitoring (PM/CM).

Notification shall be in writing and shall include justification for the exception.

C.8.4.7 The Contractor shall maintain or enroll the ship in the Alternative Compliance Program (ACP) as given in the Navigation and Vessel Inspection Circular (NVIC)-2-95, CH-1 (NTIS Stock No. PB98121098) or latest current version at the first anniversary date of opportunity after NTP.

C.8.4.7.1 The Contractor shall notify the COR of any restrictions or limitations to ship enrollment.

C.8.4.8 The Contractor shall maintain Statements of Voluntary Compliance (SOVC)

IAW TE-09.

C.8.4.9 The Contractor shall conduct ABS continuous surveys for machinery for ROS-4 and ROS-5 ships, and to the extent feasible, ROS-10 ships, except where otherwise approved in writing by MARAD.

C.8.4.10 The Contractor shall conduct Hull Surveys IAW the survey requirements in place at the time of contract award.

C.8.4.10.1 The Contractor shall submit a business case analysis depicting all associated costs for both options for MARAD consideration and approval if the Contractor determines that a change from ‘Continuous Hull Survey’ to ‘Special Periodic Hull Survey’ or a change from ‘Special Periodic Hull Survey’ to ‘Continuous Hull Survey’ is more cost effective and efficient for the program.

C.8.5 Manning

C.8.5.1 Staffing and Crew

C.8.5.1.1 The Contractor shall manage all human relations functions relating to Contractor staff and ship crews (Staffing and Crewing Guidance, TE-10).

C.8.5.1.2 The Contractor will provide a notice to all crewmen that they are employed on a ship operated for MARAD through the Contract as Ship Manager and operating agent for MARAD as follows:

“This is to inform you that the [insert name of ship] is a public vessel of the U.S. operated by [insert name of Contractor], as agent for the U.S., as represented by the Maritime Administration, U.S. Department of Transportation. Any legal action taken should be brought against the U.S.

Before taking any such legal action to court, you must comply with the claim procedures in 46 CFR Part 327. A current copy of these regulations is attached hereto. This requirement applies only if you are going to court. It does not prevent you from exercising your rights under your collective bargaining agreement.”

C.8.5.2 General Crew Management C.8.5.2.1 The Contractor shall maintain 8 hour working days with core working hours between 0900 and 1530 daily, Monday through Friday except holidays (Section 5). ROS crew members are not traditional seafarers.

ROS crew members work aboard a ship that remains pier side. ROS crew members do not sign articles and are not subject to the perils of the sea, nor do they have a specific duration of employment. Subject to the rights under their Collective Bargaining Agreement (CBA), ROS crew members are at-will employees. ROS crew members are only subject to the call of vessel during their normal working hours, overtime hours and when specifically notified by their employer that they are “on call”. At all other times, ROS crew members are not subject to the call of the vessel even if they are living aboard the ship. When the ship shifts to the Operational Phase (Phase O), these individuals cease to be ROS crew members and become FOS crew members.

C.8.5.2.2 The Contractor shall employ USCG-credentialed Merchant Mariner crew members on all ships assigned under this contract. The entire crew shall possess a valid USCG Mariner Medical Certificate, a valid Transportation Worker Identification Credential (TWIC), and a valid Merchant Mariner Credential with endorsements that are required by law and regulation for the billet, tonnage, horsepower, and classification of each ship.

Licensed personnel shall possess the necessary endorsements on their Merchant Mariner Credential for the job to which they are assigned (e.g., Global Maritime Distress and Safety System Operator).

C.8.5.2.3 The Contractor may hire resident aliens for unlicensed seaman positions IAW 46 United States Code (U.S.C.) 8103 (b) (1) (B) provided they do not consist of more than 25% of the crew, with the exception of the Missile Defense Agency (MDA) ships which require 100% U.S. crew members.

Additionally, at times of heightened security of a special project the Contractor may be required to provide a 100% U.S. crew. The Contractor will be notified in writing when this occurs.

C.8.5.2.4 All crew members shall hold USCG-issued mariner documents for the full length of their assignment.

C.8.5.2.5 The Contractor shall ensure that all crew members, both ROS and FOS, have a valid U.S. Passport with an expiration date of at least six months in the future at all times while employed under the RRF Program.

C.8.5.2.6 The Contractor shall employ and manage all assigned credentialed merchant mariner crew members to assigned RRF ships IAW all U.S. laws and regulations.

C.8.5.2.7 The Contractor shall ensure a safe workplace, which is free of discrimination, sexual harassment, intimidation, hostility, unsafe conditions, and coercion at all sites and in all facilities where the Contractor’s employees are assigned to work.

C.8.5.2.7.1 The Contractor shall ensure compliance with Every Mariner Builds a Respectful Culture (EMBARC) standards. The EMBARC standards and Self- Assessment Checklist are found in J-05.

C.8.5.2.7.2 In accordance with 46 U.S.C. Chapter 10104, the contractor shall report to the U.S. Coast Guard a complaint of a sexual offense prohibited under 18 U.S.C. Chapter 109A.

C.8.5.2.8 The Contractor shall implement a drug testing program IAW 46 CFR Part 16, and shall comply with all applicable statutes, rules and regulations governing alcohol, controlled substances, smuggling, dangerous weapons, and gambling onboard U.S. Flag Government-owned ships for all crew members.

C.8.5.2.9 The Contractor shall report quarterly via email if any workplace claims (paragraph 8.5.2.8) are made or if crew fails drug testing (Section 8.5.2.9) and if the issues have been resolved. This report is number of incidents only and does not require any specifics on the case or personnel information.

C.8.5.2.10 The Contractor shall investigate any matter and take appropriate corrective action as warranted if the PCO has any reason to be dissatisfied with the conduct, and/or performance of any person employed by the Contractor.

C.8.5.2.11 The Contractor shall submit current crewing information as required in the Ship Manager Weekly Report (TE-07; MARAD Template (MT)-07.01) to the COR.

C.8.5.2.12 The Contractor shall provide qualified crew to support Sea Trials, Dock Trials, exercises, and missions as assigned. The Area Division SOMO may authorize crewing below the level required in J-01 but no lower than USCG Certificate of Inspection (COI) requirements.

C.8.5.2.12.1 The Contractor shall follow the process for authorizing crew modifications in TE-10 and Request to Modify FOS Crew (TE-07; MT-07.02) if additional crew are recommended to accomplish the intended mission of the ship.

C.8.5.2.12.2 The Contractor shall be capable of supporting the testing requirements identified in MARAD RRF Sea Trial Policy and Procedures (TE-11) and MARAD RRF Dock Trial Policy and Procedures (TE-12). The utilization of ROS crew members from co-located ships or other ships managed by the Contractor is encouraged so long as the source ship retains a crew adequate in number and composition to maintain the performance objectives of the contract.

C.8.5.2.13 The Contractor shall crew assigned ship(s) IAW J-01 qualification, staffing, and crewing with regard to mission and exercise activations.

C.8.5.2.14 The Contractor shall report crew shortages IAW 46 U.S.C. 8103 and USCG NVIC No. 1-86 Part G. The Contractor shall provide a copy of the crew shortage report to the COR and MARAD Command Center (MCC) via email.

C.8.5.2.15 The Contractor shall implement foreign articles for Phase O crew for foreign operations IAW 46 CFR Part 14, and USCG NVIC No. 1-86.

C.8.5.2.16 The Contractor shall provide Second Seaman’s War Risk Insurance for all members of the crew when the ship is in Phase O. Second Seaman's War Risk Insurance covers loss of life, disability (including dismemberment and loss of function) and loss of or damage to personal effects of the insured, when directly and proximately caused by risks of war and warlike operations. The terms and benefits shall be as set forth in the Second Seaman's War Risk Policy (1952). Second Seaman's War Risk coverage provides a loss of life benefit of $1,000,000.00. Premiums for coverage in excess of the death benefit authorized will not be reimbursed by the Government and are the ship manager's responsibility. Additional premiums for entering an exclusion zone are reimbursable.

C.8.5.2.16.1 The Contractor shall, consistent with sound business judgement, place their insurance with the U.S. market to the maximum extent possible when the rates, terms and conditions offered by U.S. underwriters are competitive with those offered by foreign underwriters.

C.8.5.2.16.2 U.S. Underwriters licensed to do business in a state are eligible to participate without further consideration, provided they have at least a B security rating, as published in the latest edition of A.M. Best's Insurance Reports.

C.8.5.2.16.3 Foreign underwriters shall be approved by MARAD in a manner consistent with 46 CFR part 249.

C.8.5.2.17 The Contractor shall provide a credit for each day a billet is gapped until, at the Contractor’s discretion, the billet is filled with a qualified crew member intended to either remain in the billet indefinitely or temporarily if the Contractor intends the absent crew member to be reinstated in the billet upon return from the unauthorized absence.

C.8.5.2.18 The Contractor shall provide a credit for each day a billet is gapped until the billet is filled with a qualified crew member.

C.8.5.2.18.1 The Contractor shall pursue filling the gapped billet on a weekly basis to conform with J-01. This effort for filling a gapped billet shall be documented in the Ship Manager Weekly Report (TE-07; MT-07.01).

C.8.5.3 Vetting C.8.5.3.1 The Contractor shall complete the Seafarer Data Sheet (TE-07, MT-

07.03A) and Seafarer’s Statement of Physical Condition (TE-07, MT- 07.03B) for all officers and crew assigned to the RRF ship.

C.8.5.3.2 The Contractor shall follow Section C. 8.10.13.1 regarding transmittal of Personally Identifiable Information (PII).

C.8.5.3.3 The Contractor shall provide crew vetting information when requested by MARAD.

C.8.5.4 Medical Exam Requirements C.8.5.4.1 The Contractor shall screen all crew and conduct pre-employment medical/dental physical examinations on them to ensure they are in good physical condition, have no history of injuries onboard the ship, and have no history of inability to perform the physical requirements of their position.

C.8.5.4.2 The Contractor shall ensure that all crew and embarked personnel bring a deployment plus 60 day supply of all required prescription medications onboard the ship at the time of assignment.

C.8.5.4.3 The Contractor shall ensure that spare glasses or contact lenses are brought on the ship during assignments.

C.8.5.5 Supplemental Immunizations and Medical Countermeasures

C.8.5.5.1 The Contractor shall comply with additional requirements for supplemental prophylactic and medical countermeasures (including immunization programs for civil service mariners) established by

MARAD.

C.8.5.5.2 The Contractor shall, upon establishment, mandate officers, crew members, and other individuals embarked on ships to comply with MARAD requirements.

C.8.5.5.3 The Contractor shall determine if crew members are willing and medically eligible for MARAD or Commander, Military Sealift Command (COMSC)-required supplemental immunization/inoculations.

C.8.5.6 Immunizations – Failure to Comply C.8.5.6.1 The Contractor shall remove from the ship any crew member or other individual who:

• Refuses to comply with any immunization requirement or any preventive or medical countermeasure requirement

• Declines or is ineligible to take or use a required immunization or other preventive or medical countermeasure as soon as possible or NLT the next port of call

C.8.5.6.2 The Contractor shall replace a removed crew member with a medically qualified individual.

C.8.5.6.3 The Contractor shall be reimbursed for travel costs of dismissed crew members unable to meet DoD operations specific inoculation requirements.

C.8.5.6.4 The Contractor shall provide notification to the COR, NLT 96 hours prior to personnel replacement, of those individuals who will not or are unable to comply with all immunization and medical countermeasure requirements.

C.8.5.7 FOS Crew Management C.8.5.7.1 The Contractor shall provide qualified crew IAW J-01 while in Phase O.

C.8.5.7.2 The Contractor shall manage crew rotation IAW J-01.

C.8.5.7.3 The Contractor shall manage crew transportation cost associated with the FOS crew.

C.8.5.8 ROS Crew Management C.8.5.8.1 The Contractor shall employ and manage a ROS crew for the assigned ship(s) to support the requirements of the PWS.

C.8.5.8.2 The Contractor shall ensure that the crew performs the following minimum responsibilities:

• Conduct and/or provide oversight for required Ship’s Scheduled Maintenance Plan (SSMP)

• Activate, operate, and de-activate the ship

• Assure ship safety and security (including emergency response)

• Identify deficiencies to be documented in NSE for the ship upon discovery

• Accomplish minor corrective maintenance and repairs not requiring industrial assistance

• Supervise, provide quality assurance, witness subcontractor work, and validate subcontractor work

• Support secondary missions as assigned by MARAD

C.8.5.8.3 The Contractor shall crew the ships while in ROS-4 and ROS-5 or in ROS-

10 IAW J-01.

C.8.5.8.4 The Contractor shall advise the COR whether it recommends an overlap of any crew member prior to permanent relief.

C.8.5.8.5 The Contractor shall determine, where ROS crews are not identical among ships in a Ship Group, if those positions should be shared between the ships.

C.8.5.8.6 The Contractor shall provide supplemental crew on a case-by-case basis only when authorized under a cost reimbursable Task Order.

C.8.5.8.7 The Contractor shall ensure that ROS crew are only unavailable for authorized crew absences IAW TE-10.

C.8.5.8.8 The Contractor shall manage the ROS crews based on their assessment of the SSMP and the outport location of the ship.

C.8.5.8.9 The Contractor shall ensure that ROS crew members sail with the ship unless the Contractor determines circumstances that would preclude a ROS crew member from sailing.

C.8.5.8.10 The Contractor shall notify the COR of all no-sail requests by ROS crew members.

C.8.5.8.11 The Contractor shall ensure that all ROS crew members assigned to the ship upon its activation shall sail with the ship in FOS for a minimum of 30 days or for the duration of the activation, whichever is less.

C.8.5.8.12 The Contractor shall assign the Duty Officer for each ship to take initial action and report on safety, damage, or security incidents.

C.8.5.9 Crew Overtime C.8.5.9.1 The Contractor shall make every effort to efficiently utilize the ship’s ROS crew for completing corrective actions, LCM items, and modifications identified during normal working hours. All overtime while in ROS shall be approved in advance by the COR except in the case of an emergency to protect life or property.

C.8.5.9.1.1 The Contractor shall ensure that work accomplished by the crew shall be within the crew’s or individual’s capabilities and shall meet any regulatory requirements for workmanship or qualifications for performing the work.

C.8.5.9.1.2 The Contractor shall compare this analysis to actual estimates received from industry, but in time critical situations, the COR may consider market research conducted or historical price data in lieu of actual estimates received by the Contractor.

C.8.5.10 Supplemental Crew/Tiger Teams C.8.5.10.1 The Contractor shall utilize the supplemental crew priced out as part of

J-01, as deemed beneficial, to complete work in the Business Plan. For emergency work identified after the approval of the ABBP the Contractor shall request supplemental crewing in writing to the COR.

C.8.5.10.2 The Contractor shall provide supplemental crew only when authorized under a cost reimbursable Task Order.

C.8.5.11 Shore-side Staff C.8.5.11.1 The Contractor shall employ and manage shore-side staff to conduct the technical and administrative functions to meet the requirements of this contract.

C.8.5.11.1.1 The Contractor shall employ sufficient shore-side staff to manage the data management, administrative, and subcontracting management support.

C.8.5.11.2 The Contractor shall provide continuous PE Services for the performance period of the contract. The Contractor shall provide a PE(s) on-site for oversight of the ships and work being accomplished on the ships.

C.8.5.11.2.1 The Contractor shall ensure that the PE acts as the on-site representative to MARAD and regulatory bodies and is fully cognizant of all aspects of completed, current, and future ship activities.

C.8.5.11.2.2 The Contractor shall provide on-site facilities for PE and staff offices.

C.8.5.11.2.3 The Contractor shall provide continuous on-site PE services through the performance period of the contract.

C.8.5.11.2.4 The Contractor shall provide facilities within a maximum of 2 hours response time to the ship for ships in RRF status unless otherwise authorized by the Area Division SOMO.

C.8.5.11.2.5 The Contractor may use the ship as the PE facility; however, the Contractor shall provide an alternate space at company expense should the ship be activated.

C.8.5.11.2.6 The Contractor shall provide continuous PE Services. During times of PE absence, the Contractor shall provide a written explanation of how PE Services will be maintained to the COR.

C.8.5.11.2.7 The Contractor shall ensure that a PE is present where the work is to be performed for the entire duration of all shipyard availabilities and industrial assistance activities where the total value of the work to be performed is in excess of $500,000.00.

C.8.5.11.2.8 The Contractor shall ensure ship assignment per PE shall not exceed three ships per PE and a single PE shall not be responsible for ships in different geographical locations. Where ships assigned to a PE are temporarily located in different geographical locations, such as during a shipyard availability, the Contractor may request temporary additional PE support to be funded on a cost reimbursable task order if not already provided under FYXX M&R DRY-DOCK - Project Management under the Business Plan, or not otherwise available by utilizing the NSE Analyst/Assistant PE, for approval by the COR. For Large, Medium Speed Roll-on/Roll-off (LMSR) ships, the Contractor shall provide one PE per ship.

Where multiple LMSR ships are co-located at one layberth location, a single PE may provide oversight for up to two vessels for a period not to exceed 30 days, with approval of the Contracting Officer.

C.8.5.11.2.9 The Contractor shall ensure one NSE Analyst/Assistant PE for each Ship Group.

C.8.5.11.2.10 The Contractor shall ensure PEs meet at least one of the following qualifications:

• A recommended minimum of 3 years’ experience as a PE having managed and negotiated at least 2 shipyard availabilities for ships not less than 4,500 dead weight tons (DWT), more than 11,500 horsepower (HP), and with a contract award value greater than $3,000,000.00.

Experience gained while employed by a shipyard or while serving in the military may be applicable towards meeting this requirement if the duties and responsibilities of the positions are substantially the same as a PE.

This experience shall demonstrate their ability to effectively manage and negotiate complex projects such as shipyard dry dock overhauls and other types of repairs.

• A recommended minimum of 4 years’ experience serving aboard commercial ocean-going ships of not less than 4,000 HP as either a Chief Engineer or a First Assistant Engineer. This experience shall demonstrate effective management of maintenance and repair of ocean-going ships.

• A combination of education and experience gained while in the performance of duties that clearly demonstrate effective management of maintenance and repair of ocean-going ships.

C.8.5.11.2.11 The Contractor shall employ a NSE Analyst/Assistant PE for each Ship Group. The Contractor shall ensure that the NSE Analyst/Assistant PE meets at least one of the following qualifications:

• A recommended minimum of 2 years’ experience serving aboard commercial ocean-going ships of not less than 4,000 HP as either a Chief Engineer, First Assistant Engineer, or Second Assistant Engineer. In addition, they shall have a minimum of 1 year working with computerized maintenance tracking system (preference given to ABS NSE). This experience shall show a proficiency utilizing computerized maintenance tracking system to include data entry, data quality control, and running of reports. Additionally, the experience shall demonstrate effective management of maintenance and repair of ocean-going ships.

• A combination of education and experience may be applicable towards meeting this requirement if the duties and responsibilities of the positions are substantially the same as the requirement above.

C.8.5.11.3 Reserved C.8.5.11.4 The Contractor shall provide the name, position, and contact information for shore-side staff via the Shore-Side Staff Report (TE-07; MT-07.04) and update MARAD as changes occur.

C.8.5.11.5 The Contractor shall provide a 24/7 contact phone number to ensure immediate accessibility by MARAD COR to the Contractor.

C.8.5.11.6 The Contractor shall attend workshops such as the Ship Managers’ Executive Working Group (SMEWG) and other MARAD-directed meetings to discuss common RRF management issues including various policies, best practices, and processes as required.

• The ship manager designated chair of each SMEWG workshop shall recommend the location to MARAD and upon MARAD approval, the designated chair shall make arrangements for the workshop as a cost reimbursable item; obtain a workshop room and audio visual equipment at a facility with FTR lodging rates (see G.15 Travel Requirements), taking into consideration the various locations of the attendees.

• MARAD will review and approve the proposed costs in advance and reimburse the hosting ship manager for costs under the contract.

• By cost reimbursable task order, MARAD will reimburse the travel and per diem costs (lodging and meals) in accordance with FTR for up to two people from each ship manager to attend SMEWG Workshops.

• In addition to attending the SMEWG workshops, the ship manager shall attend other meetings as directed by MARAD. MARAD will provide guidance as to the number of employees who may attend the meetings on a cost reimbursable basis for FTR travel and per diem including the specific cost reimbursable task order to be charged.

C.8.5.11.7 The Contractor agrees to use only experienced, responsible, and capable people to perform work. The Contracting Officer may require the contractor to remove employees from the job: who endanger persons or property, who hinder mission accomplishment, who are a detriment to good order and discipline on the vessel(s), and/or whose continued involvement under this contract is inconsistent with the Government’s interest of military security.