Attach (03) - Guidelines for Off-Hire.pdf
PDF 151 KB Posted
- Attached to
- Submarine Rescue Vessel Extended Time Charter
- Solicitation number
- N3220526R6077
About this file
This document is a guidelines chart for determining off-hire charges against contractors for failures to comply with vessel readiness standards under a Charter Party agreement. The guidelines establish percentage deductions for various mission-degrading casualties and equipment failures, providing the Contracting Officer with a framework for calculating compensation reductions while maintaining discretionary authority to adjust amounts based on specific circumstances.
The guidelines address twelve categories of readiness failures with corresponding deduction percentages. Complete off-hire penalties of 100% apply to inability to sail due to main propulsion casualty, USCG or other authority restrictions on sailing, and failure to maintain a stable platform for defined sea state operations. Partial deductions are calculated based on percentage of cargo unable to work in measurement tons (MT) for casualties including main propulsion speed restrictions, stern ramp out of commission, LASH crane out of commission, container crane out of commission, general cranes/booms out of commission, and AC/DH out of commission. Cargo elevators out of commission result in additional time charges for loading/unloading operations. AC/DH casualties incorporate duration factors (25% for 1-15 days, 50% for 16-30 days, and 75% beyond 30 days). The document explicitly notes these are guidelines only, not binding provisions, and the Contracting Officer reserves the right to make adjustments considering Government-attributable difficulties in transporting parts and personnel, Admiralty Law, and industry custom of the trade practices.
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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 .