Addenda 01 - Performance Work Statement.pdf

UNCLASSIFIED

Performance Work Statement

Crewed Vessel Leases in support of Naval Special Warfare Command (NSWC)

1. BACKGROUND

1.1 Naval Special Warfare Group Four (NSWG4) requires lease of a maritime surface vessel(s) with contractor provided personnel in accordance with the below paragraphs.

2. OBJECTIVES

2.1 The objective is to obtain contracted vessel lease and associated services under a three-year Blanket Purchase Agreement (BPA) supporting issuance of firm-fixed price calls. The vessel(s) shall be capable of supporting small boat operations and vessel(s) and crew shall meet the minimum specifications.

3. SCOPE

3.1 The vendor shall provide the ship and everything necessary to operate; crew and maintenance, logistics (oil, fuel, etc.), special equipment, and any other support, materials or services associated with the operation of the vessel (not otherwise provided by the government) necessary to provide a suitable Maritime Training Vessel to meet specified training objectives.

3.2 Requests for vessels at the call level shall be provided no later than fourteen (14) calendar days prior to a required exercise. If a request does not comply with this timeline, the contractor is not under obligation to provide vessel leases.

4. VESSEL REQUIREMENTS: Contractor shall provide captained vessel(s) and crew meeting the following requirements

4.1 OCEAN-GOING VESSEL:

4.1.1 The vessel shall be a 90’–200’ ocean-going vessel with a variable to low freeboard profile. The vessel shall have the ability to make speeds up to 15-18kts with a cruise speed of approximately 10-12kts as required to perform the desired movements. The vessel shall be constructed with a steel or aluminum hull and have fenders or equivalent protection to prevent damage to craft alongside. The Contractor is responsible for fuel.

4.1.2 Vessel shall have a standard Marine X or S Band Radar.

4.1.3 The Contractor shall comply with applicable Coast Guard regulations, ensure required inspections have occurred and ensure the vessel has the necessary insurance.

4.1.4 The Contractor shall authorize the use of blank ammunition onboard in a training capacity.

4.1.5 The Contractor shall provide a Captain to operate the contractor provided vessel. The Contractor is responsible for all aspects of the boat operations including providing a captain and required crew.

Crew size shall be large enough to operate the vessel. Operators need to be proficient boat operators and be self-sufficient. Captain shall have the proper License for the proposed vessel. All crew and personnel must be U.S. Citizens.

4.1.6 The Contractor shall accept U.S. Navy personnel on board to oversee and facilitate the training event.

4.1.7 Vessel damage, outside of normal wear and tear, that occurs during training shall be handled in accordance with the Disputes clause of the basic contract (see FAR 52.212-4(d) of basic contract).

Non-exhaustive Examples of Ordinary Wear and Tear: (i) Thinning of paint due to the action of time and elements; (ii) Minor scuffing of paint (iii) Rust or corrosion due to contact with sea water and air; (iv)Fouling of hull by growth of marine organisms. (v) Routine wearing of vessel's internal structures (i.e. wearing of carpet due to normal foot traffic) ordinary wear and tear shall not include damage to the vessel’s deck, internals and hull that results from the charterer’s usage of the vessel or otherwise (i.e. spilling of motor oil on white carpet).

4.1.8 Contractor shall conduct an Initial Work Meeting with the Government prior to commencement of any awarded exercise.

4.1.9 The contractor shall allow U.S. Navy personnel on board during transit from vessel’s home berth to the training area, during training, and return to home berth for the purposes of observing vessel operations. U.S. Navy personnel will not be responsible for vessel operation. The number of personnel will be established as the call level, if applicable.

4.2 LARGE OCEAN-GOING VESSEL:

4.2.1 The vessel shall be 150’–300’ ocean-going vessel with a 10’-20’ freeboard profile astern of the pilot house. The Vessel shall have the ability to make speeds up to 15-18kts with a cruise speed of approximately 8-12kts as required to perform the desired movements. The Vessel shall be constructed with a steel or aluminum hull and have fenders or equivalent positioned to prevent damage to craft alongside. Contractor is responsible for fuel.

4.2.2 Vessel shall have a standard Marine X or S Band Radar.

4.2.3 The Contractor shall comply with applicable Coast Guard regulations and ensure required inspections have occurred and ensure the has the necessary insurance.

4.2.4 The Contractor shall authorize the use of blank ammunition onboard in a training capacity.

4.2.5 The Contractor shall provide a Captain to operate the contractor provided vessel. Contractor is responsible for all aspects of the boat operations including providing a captain and required crew.

Crew size shall be large enough to operate the vessel. Operators need to be proficient boat operators and be self-sufficient. Captain shall have the proper License for the proposed vessel. All crew and personnel must be U.S. Citizens.

4.2.6 The Contractor shall accept U.S. Navy personnel on board to oversee and facilitate the training event.

4.2.7 Vessel damage, outside of normal wear and tear, that occurs during training shall be handled in accordance with the Disputes clause of the basic contract (see FAR 52.212-4(d) of basic contract).

Non-exhaustive Examples of Ordinary Wear and Tear: (i) Thinning of paint due to the action of time and elements; (ii) Minor scuffing of paint (iii) Rust or corrosion due to contact with sea water and air; (iv)Fouling of hull by growth of marine organisms. (v) Routine wearing of vessel's internal structures (i.e. wearing of carpet due to normal foot traffic) ordinary wear and tear shall not include damage to the vessel’s deck, internals and hull that results from the charterer’s usage of the vessel or otherwise (i.e. spilling of motor oil on white carpet).

4.2.8 Contractor shall conduct an Initial Work Meeting with the Government prior to commencement of any awarded exercise.

4.2.9 The contractor shall allow U.S. Navy personnel on board during transit from vessel’s home berth to the training area, during training, and return to home berth for the purposes of observing vessel operations. U.S. Navy personnel will not be responsible for vessel operation. The number of personnel will be established as the call level, if applicable

4.3 OPFOR VESSEL (Target Vessel):

4.3.1 The vessel shall be 24’-60’ ocean-going vessel

4.3.2 The vessel Hull shall be constructed of fiberglass or equivalent with sponson or equivalent mounted around the hull.

4.3.3 The vessel shall be able to maintain at least a 25-knot cruising speed.

4.3.4 Contractor personnel shall provide their own personal protection equipment and be able to operate vessel at night.

4.3.5 The Contractor is responsible for all aspects of the small boat operations including a captain.

Contractor personnel need to be proficient boat operators and be self-sufficient. All crew and personnel must be U.S. Citizens.

4.3.6 Vessel damage, outside of normal wear and tear, that occurs during training shall be handled in accordance with the Disputes clause of the basic contract (see FAR 52.212-4(d) of basic contract)

4.3.7 The Contractor shall be in compliance with up-to-date Coast Guard regulations and inspections and ensure the necessary insurance coverage to support training or real-world mishaps

4.4 OTHER VESSEL CONFIGURATIONS

4.4.1 Other vessel configurations, not disclosed, to be negotiated at call level.

5. SECURITY

5.1 Contractor shall establish appropriate administrative, technical, and physical safeguards to protect any and all nonpublic Government data to ensure the confidentiality, integrity, and availability of Government data.

5.2 No photography and or video recording of military personnel, platforms or equipment will be authorized unless preapproved by NSWC Public Affairs Office. Contractor will ensure personnel, including sub-contracted personnel supporting this contract will refrain from photographing and recording, video or other means any part of government personnel, equipment and methods during this contract.

6. SAFETY

6.1 Safety in all training events shall be paramount. The contractor shall comply with and maintain appropriate safety instructions and qualification standards in accordance with references located in Paragraph 13.

6.1.1 Government (Training personnel) will provide dedicated exercise controller personnel, per evolution, on-site who will monitor training to ensure the quality and safety of all training events, and served as the liaison to the contractor.

6.1.2 The Contractor vessel shall be assessed by government exercise controller personnel prior to first-time use.

6.1.3 The exercise controller will have the authority to stop any training being provided when he or she determines that the safety of participants, contractor employees, or other personnel are at risk.

6.1.4 Government personnel shall be operating in accordance with the following instructions during the course of this contract: COMNAVSPECWARCOMINST 3500.2B Operational Risk Management;

COMNAVSPECWARCOMINST 5100.1F NSWC Safety and Occupational Health Program. The Government is responsible for ensuring compliance with all applicable NSW and DoD safety standards and the Contractor shall be responsible to ensure adherence to safety standards as directed by Government representatives; the exercise controller shall provide the contractor with applicable safety doctrine as appropriate.

6.2 Contractor Responsibility

6.2.1 The Contractor will have the authority to stop any training being provided when he or she determines that the safety of participants, contractor employees, or other personnel are at risk.

6.2.2 Nothing in the statement of work, nor any Government action or failure to act in performance of the contract shall relieve the contractor of its responsibility for the safety of the contractor's personnel and property, the Government's personnel and property, and the general public.

Furthermore, nothing in this PWS shall relieve the contractor of its responsibility for complying with applicable Federal, State, and Local laws, ordinances, codes and regulations (including those requiring applicable licenses and permits) in connection with the performance of this contract.

6.2.3 The United States Government (USG) shall hold the contractor harmless for damage or destruction of government property or for injuries to USG personnel or personnel brought on board by the USG that occurred during the training and are as a result of the USG’s training activities. The USG affirms that in the event of a third-party injury or claim allegedly caused by the negligence of the USG, the third party has the right to file a claim with the USG pursuant to the Federal Torts Claim Act (28 U.S.C. 1346(b) 2671-2672, and 2674-2680). In no case will the United States Government liability exceed that allowable under the FTCA or MCA."

6.3 Risk Controls

6.3.1 Government will ensure a certified medic is on station at each training event and there is a designated means identified to support proper treatment options to include MEDEVAC and/or

CASEVAC.

6.3.2 Training will be covered by an agreed upon Emergency Action Plan (EAP).

6.4 Mishaps

6.4.1 Safety and training related problems or mishaps involving or observed by the contractor shall be addressed immediately to the designated exercise controller. A formal written report shall be prepared and submitted to the Safety Officer within two (2) working days of the incident

7. Additional Requirements: Vessel shall be equipped with all navigation equipment required by USCG or flag state (if non-U.S. Flag) as appropriate and in full compliance with all international requirements and regulations. Vessel must also have INMARSAT. Email capability is not required. Owner warrants that it has secured, and carries aboard the Vessel, a Vessel Certificate of Financial Responsibility (Water Pollution) issued by the USCG in accordance with 33 C.F.R. 138.65 (if applicable).

8. The Contractor shall comply with all applicable laws, rules, and regulations applicable to its performance under this contract. The Owner shall have in place marine insurance coverage on the Vessel including Hull and Machinery, Protection and Indemnity (P&I), War Risk Hull and Machinery including P&I, and if U.S.-flagged, Second Seamen's War Risk Policy. Owner shall, when requested, furnish a Certificate of Insurance evidencing required coverage.

9. PORT CHARGES AND EXPENSES. The government will not pay expenses of loading and unloading cargo and all wharfage, dockage, canal tolls, dues, taxes, and similar port charges imposed by public authority including consular charges incurred by the Vessel in ports visited.

10. WAIVER OF CLAIMS All claims whatsoever under this contract must be submitted to the Contracting Officer within one month of the accrual of the claim. All claims not so submitted shall be deemed waived by the Owner.

11. LAW GOVERNING. This contract shall be governed by the laws of the United States.

12. INVESTIGATIONS. The Owner agrees to cooperate in any investigation conducted by the government.

Such cooperation shall include, but not be limited to, the production of documents and logs and making the Owner’s employees available for interview.

13. PERMISSION FROM VESSEL’S FLAG STATE (NON-U.S. FLAG). The Contractor shall be solely responsible for ensuring Contractor’s performance of the contract is not in violation of any flag state law (for a flag other than the U.S.). No live ammunition will be brought onboard by U.S. military personnel in performance of this contract.

14. CONTRACTOR’S FIREARMS & GOVERNMENT APPROVAL. Contractor shall not have firearms onboard unless 96 hour notification before the vessel is scheduled to sail, Contractor has provided the Contracting Officer with a written list of the number and type of firearms that the vessel will be armed with. Information shall include general description of type of weapon (i.e., semi-automatic rifle or fully automatic rifle), make, model number, and caliber of weapon.

15. PLACE OF PERFORMANCE

15.1 East Coast (IVO Virginia Capes and Chesapeake Bay)

15.2 West Coast (IVO San Diego and Los Angeles)

15.3 Gulf Coast (IVO Gulfport, MS and New Orleans, LA)

15.4 Other locations to be negotiated at task order level.

16. PERIOD OF PERFORMANCE

16.1 Resulting contract shall have an ordering period of three years. Firm performance dates to be established at task order level.