Attach (03) - Guidelines for Off-Hire.pdf
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- Attached to
- Time Charter of Passenger Transfer Vessel
- Solicitation number
- N3220526R6057
About this file
This document is a guidelines reference for determining off-hire percentage deductions against contractors for failure to comply with readiness standards under a Charter Party agreement.
The guidelines establish non-binding standards for calculating off-hire charges based on specific mission-degrading casualties and readiness failures. Full 100% deductions apply when vessels are unable to sail due to main propulsion casualties, when USCG or other authorities restrict sailing, or when stable platforms cannot be maintained for defined sea state operations. Partial deductions are calculated as percentages of cargo unable to work (measured in metric tons) for casualties affecting cargo operations, including stern ramp failures, LASH crane outages, container crane outages, and general crane/boom failures. Main propulsion speed-restrictive casualties warrant deductions based on slow passage evaluation or percentage decrease in warranted speed for point-to-point or surveillance operations. For air conditioning/dehumidification (AC/DH) system casualties, duration factors apply tiered reductions: 25% for 1-15 days, 50% for 16-30 days, and 75% beyond 30 days following casualty. Cargo elevator outages are assessed based on additional time required for loading/unloading operations. The Contracting Officer retains discretion to make off-hire determinations based on specific facts and circumstances of each incident, with authority to adjust deductions to ensure equitable results and compliance with Admiralty Law and custom of the trade practices. The document notes that for actual lost time issues (versus readiness issues), actual time lost determines off-hire calculations.
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GUIDELINES FOR FULL/PARTIAL OFF-HIRE PERCENTAGES ON READINESS
ISSUES
The following are guidelines for the determination of off-hire charges against the Contractor for specific instances of failure to comply with readiness standards under IV(i), “Readiness,” and
IV(j), “Off-Hire,” of this Charter Party. These standards are guidelines only and are not construed as binding and inflexible provisions of this Charter Party. When determining off-hire, the Government will recognize difficulties attributable to the Government, which are encountered by the Contractor in transporting repair and spare parts, personnel, and service representatives. The Contracting Officer at all times reserves the right to make off-hire determinations under the specific facts and circumstances of each incident at issue. If, in any particular instance, these standards operate to impose inequitable results on either the
Government or the Contractor, the Contracting Officer may make appropriate adjustments to the off-hire amount suggested by the guidelines so as to comport with applicable Admiralty Law and
Custom of the Trade practices.
Definitions: OOC = Out of Commission MT = Measurement Tons
Mission Degrading Casualty (as applicable) Percentage Deduction
1. Unable to Sail - Main Propulsion - 100%
Casualty or Other Cause
2. Main Propulsion Casualty (Speed Restrictive)
- Point to Point - Slow Passage Evaluation
- Surveillance Operations - % Decrease in Warranted Speed
3. USCG/Other Authority Restricts Sailing - 100%
(e.g. Form 835)
4. USCG/Other Authority Restricts Cargo - % Cargo Unable to Work (MT)
Operations
5. Stern Ramp OOC - % Cargo Unable to Work (MT)
(Only Means to Discharge)
6. Stern Ramp OOC (Able to Discharge All - Additional Time to Up/down Cargo
Load Via Other Means)
7. LASH Crane OOC - % Cargo Unable to Work (MT)
8. Container Crane OOC - % Cargo Unable to Work (MT)
9. General Cranes/Booms OOC - % Cargo Unable to Work
10. Cargo Elevators OOC - Additional Time to Up/down Load
11. AC/DH OOC - % Cargo Affected (MT) X
12. Failure to maintain stable platform - 100% for defined sea state installation/operation
* Duration Factors: The following duration factors are applicable for use in determining reduced readiness percentages for AC/DH casualties:
- 1 - 15 days following casualty = 25%
- 16-30 days following casualty = 50%
- Beyond 30 days following casualty = 75%
Note: For actual issues of lost time (VICE readiness issues), actual time lost to be used to determine off-hire.
File details come from the government source that posted it. Updated .