Attach (03) - Guidelines for Off-Hire.pdf
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- Attached to
- Submarine Rescue Vessel Extended Time Charter
- Solicitation number
- N3220526R6077
About this file
This document is a guideline for determining off-hire charge percentages against contractors for failure to comply with readiness standards in a charter party agreement for vessel operations.
The guidelines address 12 categories of mission-degrading casualties, each with specified percentage deductions applied to charter payments. Complete off-hire (100% deduction) applies when vessels are unable to sail due to main propulsion casualties, when USCG or other authorities restrict sailing operations, or when stable platform maintenance fails for defined sea state operations. Partial off-hire deductions are calculated based on the percentage of cargo unable to work (measured in metric tons) for scenarios including restricted cargo operations, out-of-commission stern ramps, cranes, elevators, and AC/DH systems. Speed-restrictive main propulsion casualties apply deductions based on slow passage evaluations or percentage decreases in warranted speed. For AC/DH casualties specifically, duration factors apply graduated reductions: 25% for 1-15 days following casualty, 50% for 16-30 days, and 75% beyond 30 days. The guidelines expressly state they are non-binding and subject to the Contracting Officer's discretion based on specific circumstances of each incident, with consideration for Government-attributable difficulties in transporting repair parts, personnel, and service representatives. The Contracting Officer may adjust off-hire amounts to ensure equitable results consistent with Admiralty Law and trade customs. For actual lost time issues, actual time lost is used to determine off-hire rather than readiness percentages.
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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 .