Attachment E- Performance Work Statement (PWS).pdf

SECTION E

DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT (PWS)

E-1 Definitions and Acronyms.

AEL – Allowance Equipment List

Alterations - Additions of equipment; changes to the configuration, location, type, or number of pieces of equipment or systems; changes in the arrangement and outfitting of Vessel’s structure

Assisting - Movement of a tow, which is making use of, or which has available for use, her own propulsion

Associated Equipment - Construed to include all Contractor-furnished or owned equipment necessary for performance under this Charter

ATO - Anti-Terrorism Officer (same as Vessel Security Officer and Force Protection Officer)

AT/FP - Anti-Terrorism/Force Protection

BBL - Barrel (42 U.S. gallons volume measure)

CAGE - Commercial and Government Entity Code (reference DFARS 252.204-7001)

CBRN - Chemical, Biological, Radiological and Nuclear

CFE - Contractor-furnished equipment

Charter - This document when executed; interchangeable with “Contract” and “Charter Party”

Charterer - The United States of America

Charter Party Date - Identified in Box 28 of SF-33

CMWWDS - Counter Measures Water Wash Down System. Fixed system (or temporary using fire hoses attached to steel clips welded to vertical bulkheads or other structure). Using Ship’s firemain system, when activated, provides 360 degree (ideally) seawater curtain protection, mitigating the effects of CBRN attacks. Also used to wash contaminants from Ship’s structure after a CBRN attack.

Cocoon – a non-permanent vinyl fabric covering a metal frame installed on of the main deck that provides a climatically controlled environment to containers /cargo stowed on the main deck

COMPSRON – Commander, Maritime Prepositioning Ships Squadron

COMSC - Commander, Military Sealift Command

COMSCINST - Commander, Military Sealift Command Instruction

COMSEC - Communications Security

Contracting Officer - Identified in Box 26 of SF-33

COR - Contracting Officer's Representative

Contractor - Interchangeable with “Owner”

Crew - Of the Vessel identified at Box 7

Decontamination Station - An area of the Ship outfitted with features for crew decontamination

DC - Damage Control

DCAA - Defense Contract Audit Agency

DCMA - Defense Contract Management Agency

DLA - Defense Logistics Agency

Designated Maritime Physician - Hospital, clinic or physician jointly approved by Contractor/Union/COMSC providing primary care, second opinion or hospitalization for emergency medical care

DFARS - Department of Defense Federal Acquisition Regulation Supplement (issued by the Department of Defense)

DIS - Defense Investigative Service

DoD - Department of Defense

DRRS-N - Defense Readiness Reporting System for Navy

DTG – Date Time Group. A unique number consisting of date-hour-minute in Zulu time plus month (3 letter abbreviation) and year (2 digit) which facilitates making reference to that message

DWT – Deadweight Tonnage

ECDIS – Electronic Chart Display and Information System, a computer based navigation information system that complies with IMO Standards

EMCON - Emissions Control

Emergency Repairs - Unexpected and unscheduled repairs required to maintain the integrity of the Ship's hull, machinery and/or systems, needed to insure the safety of the crew and to provide for the effective continued performance of the Ship's mission

EPIRB - Emergency Position Indicating Radio Beacon

EST – Embarked Security Team, normally 12-person force, U.S. Navy or contracted personnel

FAR - Federal Acquisition Regulation

FCC - Federal Communications Commission

FEU – Forty Foot Equivalent Unit (Cargo container of 40-foot length, or size/volume/cargo capacity measurement equal to same)

FFD - Fit For Duty.

FLC - Fleet Logistics Center

FOS - Full Operating Status. Ship fully manned and provisioned, all required equipment operational, and Ship prepared in all respects to perform its mission

FP or FP/AT – Force Protection or Force Protection/Anti-Terrorism

FPCON – Force Protection Condition

FPCON NORMAL – This condition applies when a general global threat of possible terrorist activity exists and warrants a routine security posture. At a minimum, access control will be conducted at all DoD installations and facilities

FPCON ALPHA - This condition is declared as a general warning of possible terrorist activity, the nature and extent of which is unpredictable, when the circumstances do not justify full implementation of the measures of FPCON BRAVO. However, it may be necessary to implement selected measures from FPCON BRAVO. The measures in this FPCON must be capable of being maintained indefinitely.

FPCON BRAVO - This condition is declared when there is an increased and more predictable threat of terrorist activity even though no particular target is identified. The measures of this FPCON must be capable of being maintained for weeks without causing undue hardship, without affecting operational capability and without aggravating relations with local authorities.

FPCON CHARLIE - This condition is declared when an incident occurs or when intelligence is received indicating that some form of terrorist action against installations or personnel is imminent. Implementation of this measure for more than short periods will probably create hardship and will affect peacetime activities of the installation and its personnel.

FPCON DELTA - This condition is declared when a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location is likely. Normally this FPCON is declared as a localized warning.

FP Officer (FPO) – same as Vessel Security Officer/VSO and Anti-Terrorism Officer/ATO

GFP - Government-Furnished Property

Government - The United States of America; interchangeable with “Charterer”

Government Designated Representative - Including, but not limited to, force protection personnel, military, Government employees, and Government Contractors

Husbanding Services - Services generally provided by a steamship agent rendered for the convenience of the Ship or her Master, Officers or crew, or in connection with the Ship's business. These include: arrange for delivery of food, stores and supplies, arrangement of mail delivery and posting, repatriation of crewmembers and crew replacement, supply of currency, medical treatment of crewmembers, and any other crew related expenses.

IAW - In Accordance With

IMO - International Maritime Organization

Independent Agency - Commercial entities under contract to the Government to provide all Government owned Ships of the Military Sealift Command, including the Vessel in this Contract, various shipboard supplies and services required for compliance with certain MSC operations and maintenance programs.

Industrial Assistance - Maintenance and repair work performed by an independent subcontractor to the Contractor

INMARSAT - International Maritime Satellite

Installed Equipment – All items except furniture, recreation and gym equipment that are permanently or semi permanently attached to the Ship by welds, bolts, or similar methods of attachment. This includes pumps, engines, winches, kingposts, booms, antennae, etc. This category of material is generally treated in the same manner as the Ship’s hull, so that the terms “Ship and installed equipment” and simply “Ship” are generally synonymous.

ISP – Inport Security Plan, a (classified) Navy Message which details AT/FP measures while in port

ISM - International Safety Management System

ISPS - International Code for the Security of Ships and of Port Facilities (ISPS Code)

ISSC – International Ship Safety Security Certificate

Literage (lighterage) – small boats (pusher boat, tug, etc) used for in-stream cargo discharge operations

LO/LO – Lift-on/Lift-off loading/discharging process

LTON or LT - Long Ton (2,240 pounds weight)

Master - Of the Vessel identified in Box 7

MARPOL – International Convention for the Prevention of Pollution from Ships

MDR – Medical Department Representative. A person assigned solely to provide medical care and operate a clinic aboard Ship, as compared to a commercial M-PIC

M&R - Maintenance and Repair

Maintenance - As defined by the Department Of Defense Dictionary through http://www.dtic.mil/doctrine/dod_dictionary/

MR - Medical Representative

MEDEVAC - Medical Evacuation; usually to the nearest medical treatment facility

MIB - Marine Index Bureau

MT – Measurement Ton (forty cubic feet, volume measurement)

MOA - Memorandum of Agreement

M-PIC – Medical Person in Charge aboard a commercially manned Ship. This is generally a collateral duty of the Master or Chief Mate for first aid purposes.

Moderate Weather - Conditions up to sustained winds of Beaufort Force 5 and Sea State 4

MOTCO – Military Ocean Terminal, Concord, CA

MOTSU - Military Ocean Terminal, Sunny Point, NC

MSC - U.S. Department of the Navy, Military Sealift Command

MSCHQ – Headquarters, Military Sealift Command, (Norfolk, VA)

NAVSEA - Naval Sea Systems Command http://www.dtic.mil/doctrine/dod_dictionary/

NEURS - Navy Energy Usage Report System

NCIS - Naval Criminal Investigative Service

NOR – Notice of Readiness

Owner - That entity exercising commercial control of the Vessel identified in Box 7; interchangeable with “Contractor” and “Offeror” and to include disponent owners and all the Shipowner’s and disponent owner’s agents, employees, independent Contractors, Master, Officers, and crew

OAA – Ordnance Accounting Ashore

O&M - Operations and Maintenance

OPCON - Operational Control by Military Authority

Operation - Operation includes the daily, or other periodic starting, stopping, adjusting, inspecting, lubricating, etc.

of the mechanical, electrical and auxiliary systems and equipment; watch standing and conducting rounds to maintain Ship's status

OPNAVINST - Chief of Naval Operations Instruction

OPORD - Operational Order

OPSEC - Operations Security

OTSR - Optimum Track Ship Routing

P&I - Marine protection and indemnity insurance

Paying Office - Identified in Box 25 of SF-33

Place - Any berth, dock, anchorage, submarine line, alongside any Vessel or lighter or any other place whatsoever to which Charterer is entitled to direct the Vessel hereunder

PREREP – An alternate form of the LOGREP message, the PREREP specifies arrival time and date, purpose of visit, port services required and other requirements

Readiness - See Section H-6 below

Reduced Operational Status (ROS) - see Section H-16 below

RFP - Request for Proposal; interchangeable with solicitation

ROS - Reduced operational status

SDWT - Deadweight capacity, to assigned summer mean draft

SMC – Ship Management Certificate

Speed – Derived by dividing the total hours at sea on any given sea passage (as show in the Vessel’s log)—after excluding any hours of non-moderate weather and any sea passage covered by an off-hire calculation—into the total miles at sea on the given sea passage

SWL - Safe Working Load

TEU – Twenty Foot Equivalent Unit (Cargo container of 20-foot length, 8-foot height, 8-foot width, or size/volume/cargo capacity measurement equal to same)

USCG - United States Coast Guard

USD – U.S. Dollars

Vessel - Identified at Box 7

VSP – Vessel Security Plan

VSO – Vessel Security Officer (same as ATO/Anti-Terrorism Officer and Force Protection Officer/FPO)

WOG - Without guarantee – Certain clauses of this RFP/Contract provide information for planning purposes, but are not guaranteed. Information provided “without guarantee” is information for which, if there is a change, such change will not be considered a valid basis for a Contractor request for equitable adjustment or Contractor claim.

E- 2 Sovereign Immunity.

General. The Contractor shall operate the Vessel and related Vessel systems and equipment in accordance with the rules and regulations of the United States Coast Guard (USCG) and the classification society under which it is classed (see also Paragraph E-3.3.2).

• Sovereign Immunity. The Master, while performing Ship operations, shall advise foreign authorities that the Vessel under this Contract is a sovereign immune Vessel of the United States. Privileges of this status include immunity from arrest or search (whether in foreign internal or territorial waters, or in international waters), immunity from foreign taxation, exemption from any foreign state regulation requiring flying the flag of such foreign state either in its ports or while passing through its territorial sea, and entitlement to exercise exclusive control over persons on board such Vessels with respect to acts performed on board.

The Contractor shall observe all guidelines found in ALMSC 020/06 and 026/09 and (Sovereign Immunity guidelines for MSC Ship Masters), which will be provided upon request.

• Foreign Law Enforcement. The Master shall refuse requests from foreign authorities for documents, physical evidence, interviews of personnel, statements, any request to board, examine, inspect, or search the Vessel, and any request for the physical delivery of persons on the Vessel to foreign authorities. The Master lacks authority to comply with such a request, and shall so advise foreign authorities.

• Foreign Port Visits. The Master may, if appropriate, provide a Shore Party List of individuals who will go ashore to the host nation before granting liberty in port if such a list is requested. The Shore Party List may contain only the names and passport numbers of those personnel; no other information shall be provided.

Masters shall comply with applicable U.S. and host nation agreements such as status of forces agreements that specify particular procedures for port visits in that country.

E-3 Mission.

E-3.1 Planning. The Vessel is to be employed in worldwide trade for the transportation and/or prepositioning of cargo (including but not limited to hazardous cargoes, explosives, ammunition, vehicular, containerized and general cargoes); and for military readiness, in accordance with the terms of this Charter.

E-3.2 Preposition Location. For planning purposes, Chinhae, Republic of Korea (ROK), without guarantee, should be considered the prepositioning locations of the Vessel. However, actual prepositioning location assigned by the Government may vary.

E-3.2.1 Operational Tempo (OPTEMPO). It is estimated, without guarantee, that the Vessel will be at anchor 83% of the Charter period and underway 17% of the Charter period while on-station, not including positioning time to and from the deployment area (estimate 30 days each way, total 60 days) or a 60-day transit to and from the deployment area and Military Ocean Terminal Concord (MOTCO), CA twice during the Charter period. The operating tempo may vary. The Vessel shall be capable of deployment to worldwide locations within 24 hours of notification by the Operational Commander designated by the U.S. Navy. The environmental control system shall be capable of operating and maintaining environmental parameters as specified in paragraph E-3.5.3 “Controlled Cargo Environment System” despite Vessel prepositioning in areas with extreme heat, such as the Persian Gulf, or extreme cold. Underway periods shall consist of independent steaming, convoy operations, transit to/from selected ports for Vessel and cargo maintenance, bunkering, or for cargo discharging/loading operations.

E-3.3 Warranty/Description of Vessel.

E-3.3.1 General. The Contractor warrants that the Vessel performing under this Charter Party shall be in full conformity with the requirements of this Charter Party, from the time of delivery and thereafter during the currency of this Charter Party. In particular the Contractor warrants the Vessel is as described in Part B of this Charter Party and that the Vessel shall be under U.S. flag upon delivery (see DFARS 252.247-7025 at Section I concerning requirements for reflagging work in U.S. shipyards). Should any specification of the Contractor in the contract be in excess of a required specification elsewhere in this contract, the Contractor’s specification shall prevail over the required specification.

E-3.3.2 Regulatory Compliance. The Contractor warrants that the Vessel and all associated equipment shall be in full compliance with all applicable international conventions and all applicable laws, regulations, and other requirements of the nation of registry and of the nation(s) and local jurisdictions to whose port(s) and/or place(s) the Vessel may be ordered hereunder. The Vessel shall additionally operate in compliance with the International Maritime Dangerous Goods Code. The Vessel shall be delivered and maintained in the highest class of a recognized classification society of the International Association of Classification Societies (IACS) and be in compliance with all current safety, health, and pollution regulations promulgated by appropriate authorities, including the latest applicable ISO/IMO regulations. The Contractor further warrants that the Vessel shall have onboard all certificates, records, or other documents required by the aforesaid conventions, laws, regulations, and requirements, including a Certificate of Financial Responsibility meeting the requirements of the U.S. Coast Guard and promulgated pursuant to the U.S. Federal Water Pollution Control Act, as amended, and/or the Oil Pollution Act of 1990.

E-3.3.3 Complement. The Contractor warrants that the Vessel shall have an efficient and legally sufficient complement of Masters, Officers, and crew with adequate training and experience in the operation of all of the Vessel’s equipment.

E-3.3.4 Fuel and Speed Warranty.

E-3.3.4.1 Moderate Weather Service Speed.

E-3.3.4.1.1 Laden. The Contractor warrants that, unless otherwise ordered by the Government, the Vessel shall be capable of maintaining, throughout the period of this Charter Party, the average speed in knots identified in Box 87 on any given moderate-weather passage from sea buoy to sea buoy while fully laden to summer marks. On any such passage as just described at the average speed identified in Box 87, daily fuel consumption in net barrels shall be at the average rate(s) identified in Boxes 89 and 91, for the grade(s)/viscosity(ies) therein identified to be consumed.

E-3.3.4.1.2 Ballast. The Contractor warrants that, unless otherwise ordered by the Government, the Vessel is capable of maintaining, throughout the period of this Charter Party, the average speed in knots identified in Box 88 on any given moderate-weather passage from sea buoy to sea buoy while in a ballast condition. On any such passage as just described at the average speed identified in Box 88, daily fuel consumption in net barrels shall be at the average rate(s) identified in Boxes 90 and 91, for the grade(s)/viscosity (ies) therein identified to be consumed.

E-3.3.4.2 Moderate Weather Variable Speeds. For periods during which the Government orders the Vessel to operate at speeds other than those identified in Boxes 87 or 88, the Contractor warrants that the Vessel's total fuel consumption (including all auxiliaries) in net barrels at those ordered speeds in moderate weather shall be at the average rates identified in Boxes 94a. and 94b. for the stated speed, range, and load conditions for the grade(s)/viscosity (ies) therein identified to be consumed.

E-3.3.4.3 Auxiliaries. The Contractor warrants that the Vessel's fuel consumption (underway/steaming/laden) in net barrels for all auxiliaries, in addition to any fuel consumption identified in Boxes 89 or 90, shall be at the average rate identified in Box 91 for the grades/viscosities therein identified to be consumed, regardless of speed or weather conditions.

E-3.3.4.4 Idle Periods. The Contractor warrants that the Vessel's fuel consumption in net barrels (including all auxiliaries) during all periods at anchor or alongside berth shall be at the average rate identified in Box 92, for the grade(s)/viscosity(ies) therein identified to be consumed.

E-3.3.5 Remedies. Should actual performance or readiness condition of the Vessel show any failure to satisfy one or more warranties or other Charter requirements not due to the fault of the Government, the charter hire may be equitably decreased, this Charter may be terminated, or the Vessel may be placed off-hire, at the Government's option so as to compensate the Government to the extent of such failure. In all cases, the Contractor shall bear the cost of excessive fuel consumption resulting from the Contractor’s breach of its fuel warranties. The foregoing remedies shall not limit other recoveries available under law or within this charter.

E-3.4 Other Compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

E-3.4.1 Compliance with Laws Unique to Government Contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. 327, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections;

49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

E-3.5 Vessel Requirements.

E-3.5.1 Vessel Specification/Capability and Cargo Description. The Vessel shall meet the following minimum specifications:

• Self-Sustaining U.S. Flagged Vessel: Vessel shall be U.S. Flagged upon delivery. Vessel shall be self-sustaining at all cargo holds used to stow the 900 20-foot ISO containers of Mission Cargo identified in Attachment N, plus an additional 450 20-foot ISO containers of non-mission GENNOS. All 20-foot cargo holds used to stow the 900 containers of Mission Cargo shall be outfitted with cell guides. All 1,350 containers will be government-furnished.

• Vessel Age: U.S. built Vessels are not subject to any age restriction. Any non-U.S. built Vessel requiring reflagging shall not exceed 30 years in age at time of delivery; except if Vessel has undergone substantial rebuilding/life extension (to be determined on a case by case basis with consideration given to significant design features or improvements made to increase the Vessel’s reliability, operability, and life expectancy).

Additionally, any Vessel built in a foreign Shipyard shall have a minimum of one (1) year’s documented performance history at the time of offer submission.

• Classified Requirement: Vessel shall conform to certain classified Vessel requirements contained in Appendix Q. Any person viewing this information must hold a security clearance of SECRET or higher.

• Speed: Vessel shall be capable of maintaining an average speed of sixteen (16) knots in moderate weather when fully laden.

• Range: Vessel shall have a minimum operating range of 13,000 nautical miles (nm) at sixteen (16) knots when fully laden in conditions of moderate weather.

• Endurance: Vessel shall have an endurance of 6,500 nm after 60 days of normal on-station operations (e.g., an OPTEMPO of 83% at anchor/in port and 17% underway).

• Breadth: Vessel must be capable of transiting the Panama Canal.

• Water Draft: Vessel’s maximum summer mean draft when laden with the 900 containers of Mission Cargo identified at Attachment N, bunkered for 13,000 nautical miles, and using class constants is 34 feet in saltwater.

• Air Draft: Vessel’s air draft shall be 135 feet or less in saltwater when empty of cargo.

• Berthing: Vessel shall be capable of messing and berthing a minimum of twenty-five (25) Government personnel (in addition to crew). Lounge and recreation facilities shall be made available to embarked Government personnel.

• Stack Markings: Vessel shall deliver with stack painted to reflect MSC stack colors.

• Software Interoperability: Vessel must possess MS Office programs (Office 2007 or newer) to enable file transfers. To ensure Air Force cargo operations at ports are not impeded the following are required:

o Ability to transfer and receive e-mail data files and attachments in Microsoft Excel (2007 or newer) format up to 10 megabytes (MB) in size.

o Ability to send and receive cargo load data files in Microsoft Outlook (2007 or newer) format up to 20 MB.

o Vessel shall be outfitted with current Weight and Balance software.

o Data Access: Key ship’s crew enabled, authorized and issued active Common Access Cards

(CAC) to allow receipt of encrypted data files.

• Capacity: Vessel shall have a minimum capacity of 1,350 20-foot ISO containers, of which a minimum of 900 containers shall be stowed in a climatically controlled environment below deck. The remaining 450 20-foot ISO containers may be stowed on deck in a non-climatically controlled environment. All 900 containers stowed below deck will be laden with ammunition and as such, shall be stowed in accordance with IMDG Code requirements for hazardous cargo. Within the constraints of safety, security, net explosive weight, compatibility, or other considerations, the Government may utilize the entire vessel capacity regardless of the minimum requirement. The Government will furnish the 1,350 20-foot ISO containers; these containers will measure 20’L X 8’W X 8’6”H.

• Climate Control: All cargo holds used to stow the 900 20-foot ISO containers of Mission Cargo shall be outfitted with climate control equipment sufficiently robust to maintain each cargo hold at 50 percent or less relative humidity and a temperature of 85 degrees or less Fahrenheit. Specifications shall be met within 30 days of closing the hatch cover. None of the 450 deck-loaded 20-foot ISO containers require a climatically controlled environment (e.g., a cocoon with climate control).

• Cargo Hold Fixed Spray Water Cooling System: A fixed water spray cooling system that meets the requirements of applicable SOLAS regulations shall be provided in all 20-foot container cargo holds used to stow any of the 900 20-foot ISO containers of Mission Cargo.

• Cranes: Vessel shall be outfitted with a minimum of two (2) certified 30 Long Ton SWL or greater Electric-Hydraulic cargo cranes and associated certified lifting gear capable of loading and unloading the cargo containers listed in Attachment N (certified Gantry cranes are also acceptable). All crane cabs shall be air conditioned/dehumidified. Ship’s crew must be trained or certified (as applicable) and capable of operating ship’s gantry/cargo cranes to load/unload ammunition-laden containers.

• Stores Gear: The Vessel shall be outfitted with either a minimum of one (1) stores crane or boom capable of servicing both port and starboard sides, or two (2) stores cranes or booms that between them are capable of servicing port and starboard sides.

• Self-Sustaining Capability: Vessel shall be self-sustaining at all 20-foot container holds used to stow the 900 TEU of Mission Cargo listed in Attachment N plus the 450 additional 20-foot ISO containers.

• Fender System: Vessel shall be equipped with port and starboard fender system supporting lighterage, watercraft, or high-speed vessels to moor safely alongside in order to conduct in-stream cargo operations while at anchor. Fenders shall be foam or similar (NOT pneumatic/gas) and deployable/retrievable by Ship’s crew.

• Transport Capability: Vessel shall be capable of transporting up to and including Category II Arms, Ammunitions, and Explosives (AA&E) IAW DOD 4500.9R, Chapter 205, Part II (Cargo Movement), Defense Transportation Regulation.

• Hull Perimeter Lighting: Vessel shall deliver outfitted with Hull Perimeter Lighting as described in Attachment H.

• CBRN Decontamination Station: Vessel shall deliver outfitted with a Chemical, Biological, Radiological, Nuclear (CBRN) Decontamination Station as described in Attachment K.

• Crew-Served Weapon Mount Bases. Vessel shall deliver outfitted with gun bases as described in Attachment H. Bases shall be welded to either the deck (Mark-16 Mod 9) or to the bulwark (Mark-16 Mod 8). A sufficient number of mounts shall be provided to obtain 360 degree coverage with overlapping fields of fire.

E-3.5.2 Cargo Gear. Vessel shall have all lashing gear and tie-downs necessary to secure all container cargo loaded onboard. Vessel shall be equipped with cargo handling equipment including two (2) certified auto-locking spreader bars with a minimum SWL of 27 tons sufficient to operate a minimum of two (2) holds simultaneously.

Alternating one (1) crane between two (2) holds to meet this requirement is not acceptable. The crew shall operate and maintain all cargo handling equipment to the highest commercial marine standards. Vessel shall be powered to operate all cargo gear simultaneously with all other required Vessel equipment such as, but not limited to, AC/DH, hook services, anchor windlass, and mooring winches.

E-3.5.3 Controlled Cargo Environment System.

E-3.5.3.1 Requirement. Vessel shall be fitted with an operational and efficient automated environmental control system that maintains cargo stowed below deck in a controlled cargo environment. The system shall automatically collect and store relative humidity, temperature and air flow data, generate printed reports on a weekly basis and on demand, be e-mail capable, and download collected data onto a compact disk (CD).

E-3.5.3.2 Controlled Cargo Environment. The controlled cargo environment system shall run automatically, maintain environmentally controlled air in constant circulation (blowers always running), and shall be adequate in capability to ensure all mission cargo stowed below deck is maintained at 85 degrees or less Fahrenheit and 50% or less relative humidity. The design conditions are determined via psychrometric chart with a high limit of 110 degrees Fahrenheit dry bulb, 95 degrees Fahrenheit wet bulb, and 93 degrees Fahrenheit sea water and a low limit of 50 degrees Fahrenheit dry bulb, 43 degrees Fahrenheit wet bulb, and 30 degrees Fahrenheit sea water. The environmental control system shall maintain all required specifications in any climatic condition worldwide. The controlled cargo environment parameters of a maximum of 85 degrees Fahrenheit and 50% relative humidity shall be achieved within 30 days of completion of cargo on-load.

E-3.5.3.3 Environmental Control and Monitoring Sensors. The Vessel shall be fitted with a minimum of one (1) relative humidity and one (1) air temperature sensor for every 150,000 cubic feet of cargo hold volume. At a minimum, there shall be not less than two (2) relative humidity and two (2) air temperature sensors per cargo hold.

Sensors shall be re-locatable using detachable extension cables, and mounted within cargo holds on interior surfaces only, away from any surface in contact with the ocean, ballast/fuel tanks, or solar loading. Airflow sensors shall be located at each air circulation blower and will register blower operation. In addition to cargo hold sensors, there shall also be one (1) ambient air temperature sensor and one (1) seawater temperature sensor. At a minimum, relative humidity sensors shall be accurate to plus or minus three (3) percent within 20% to 95% relative humidity, and temperature sensors accurate to plus or minus one-half (.5) degree Fahrenheit with a minimum measurement range of -0 to +140 degrees Fahrenheit.

E-3.5.3.4 Recorded Data. Cargo hold relative humidity and air temperature data, blower operation, and sea water and ambient air temperature data shall be taken in five (5) minute intervals and stored in average thirty (30) minute intervals using a MS Excel compatible report format. Data shall be time and date stamped by an internal clock/calendar set to Greenwich Mean Time. The monitoring system shall store data for a period of not less than five (5) years.

E-3.5.3.5 Required Environmental Data Submissions. The Contractor shall submit an environmental control report on a weekly basis. A sample report is available upon request.

E-3.5.3.5.1 Composition of Weekly Environmental Control Report. The weekly environmental control report shall be submitted to MSCHQ PM52 and the cognizant MPS Squadron Commander. The report shall depict the previous seven (7) days’ worth of environmental data in three (3) separate and distinct data tables. The first data table shall report for each of the previous seven (7) days the average daily relative humidity of each cargo hold. The second data table shall report for each of the previous seven (7) days the average daily air temperature for each cargo hold, the ambient air temperature, and the sea water temperature. The third table shall report for each of the previous seven (7) days the number of circulation blowers running versus the total number of blowers in the system.

E-3.5.3.6 Maintenance of Reports. A copy of each weekly environmental control report shall be maintained onboard the Vessel for the life of the Contract.

E-3.5.3.7 Controlled Cargo Environment Physical Monitoring Requirement. The Master shall ensure physical monitoring of the controlled cargo environment is conducted at least once daily.

E-3.5.3.9. RESERVED.

C-3.5.3.10. RESERVED.

E-3.5.4 Cargo Provisions. Attachment N describes, without guarantee, the most likely cargo, including types, quantity of containers, weights and compatibility group to be loaded.

E-3.5.5 Other Vessel Specifications.

E-3.5.5.1 Dry-Docking. Upon delivery, the Vessel shall conform to USCG regulations for extended tailshaft examination intervals found in 46 CFR 61.20-21 and for extended dry-dock examination interval found in 46 CFR 91.40-3(d) through (g). In addition, the Vessel shall not require dry-docking for credit during the Charter Period.

E-3.5.5.2 Tin-Free Delivery. The Vessel shall deliver free of tin-based coating. A Vessel requiring re-coating shall be stripped down to bare metal before repainting with suitable coating. Additionally, a hull requiring repainting shall be fleeted.

E-3.5.6 Other Vessel Requirements.

E-3.5.6.1 Reliability. Vessel shall be outfitted with reliable systems that are warranted to perform consistently and shall provide the capabilities as specified in this section. Vessel shall have onboard spares for each type of boom/crane motor, boom/crane power cable, and boom/crane luffing and hoist cable. To increase the reliability of crane controls, crane cabs shall be air conditioned and dehumidified.

E-3.5.6.2 Boat Fueling Station. Vessel shall be capable of fueling a small boat alongside. Vessel shall have a diesel fuel system connected to one (1) on-deck fueling station with the necessary attached piping, pumps, hoses, tanks and filler nozzles. The fueling system shall be USCG approved.

E-3.5.6.3 Bunkering. Vessel shall be capable of being bunkered from a fuel barge or tanker alongside at anchor using standard six-inch hose flanges with camlock fittings. MARPOL regulations for taking samples during bunkering shall apply.

E-3.5.6.4 Accommodation Ladders. Vessel shall be fitted with accommodation ladders on both port and starboard sides, leading aft, and be fitted with one lower boat-landing platform (capable of handling lighterage, watercraft and High Speed Vessels). The platform shall be attached to the hull with padeyes or clips and be adequately fendered.

Fenders shall be foam or similar material (not pneumatic or gas), and be deployable/retrievable by the Vessel’s crew.

E-3.5.6.5 Water-Making Capability. Vessel shall have the capacity to produce and store thirty (30) tons of potable water per day at anchor in tropical waters (average seawater temperature 83 degrees Fahrenheit) in a Public Health Service approved system.

E-3.5.6.6 Laundry Equipment. Vessel shall have laundry equipment sufficient in size to meet Officer, crew, and Government personnel needs in addition to the Vessel's laundry needs.

E-3.5.7 Pollution Prevention and Control. Vessel shall be operated in accordance with all International, Federal, and State pollution prevention and control laws and regulations applicable to commercial vessels. In the event of an oil spill, the Contractor shall provide immediate response capability to stop the outflow of oil and mitigate damage to the environment. For ships sited or conducting a port call at Diego Garcia, environmental concerns require all soaps, detergents and other shipboard cleaning agents contain low levels of phosphate or are phosphate-free.

E-3.5.7.1 MSD. Vessel shall be fitted with a USCG-approved marine sanitation device. Vessel shall have the ability to process and hold all sewage and grey water discharges for at least thirty (30) days of normal operation.

Vessel shall be outfitted with a sampling port on the overboard line from the MSD to allow the sampling of effluent.

E-3.5.7.2 Incinerator. Vessel shall be fitted with an incinerator capable of burning both solid waste and waste oil.

Any incinerator installed shall meet Annex VI of MARPOL 73/78. It is anticipated the Vessel will be required to use the incinerator to dispose of waste oil when prepositioned at Diego Garcia.

E-3.5.7.3 Oily Water Separator/Waste Oil Reduction. Vessel shall be fitted with a USCG-approved bilge/oily water separator as well as a waste oil or dirty ballast tank that possesses a minimum of thirty (30) days’ capacity.

The crew shall employ methods, both through installed equipment and operational practices, to minimize waste oil generation.

E-3.5.8 Spare Parts. Vessel shall be equipped with an allowance of spare parts (in addition to those required by regulatory bodies) and commensurate storage space sufficient for six (6) months usage in an isolated area.

E-3.5.8.1 Onboard Stores. Vessel shall deliver with dry stores (general resupply items) sufficient to remain on station for a period of two (2) months. Vessel shall be capable of storing ninety (90) days dry provisions and sixty

(60) days chilled/frozen provisions in storerooms or in containers. Ship's stores/provisions to meet above endurance will be on hand upon arrival at the prepositioning site. Dry provisions shall not be allowed to go below thirty (30) days’ endurance.

E-3.5.8.2 Paint Locker. Vessel shall have a paint locker outfitted with paint adequate for two (2) months usage on-station. Vessel shall carry scaling equipment and staging to maintain its topside material condition.

E-3.5.9 Miscellaneous Equipment. Vessel shall deliver with the following equipment:

• Two (2) VHF-FM transceivers with chargers

• Two (2) trash dumpsters, capable of being offloaded at anchor and large enough to hold five (5) days of normal refuse.

• One (1) set bridge wing signal lights

• One (1) set convoy flags and pennants

• One (1) Long Range Acoustic Device (LRAD) conforming to the following minimum specifications:

o Maximum Beam width: +/- 15 deg at 1 KHZ - 3 db o Minimum Volume: 146 db at 1 meter, 95 db at 300 meters o Minimum Usable Range: Intelligent speech at 300 meters

• Automated External Defibrillator (AED) o Subject to the requirements of the paragraph below, the Contractor shall provide at least one (1) AED unit. Unless otherwise specified in Box 6, all AEDs must be FDA approved and be suitable for Shipboard use. The Vessel's Medical Person-in-Charge shall be trained to operate and maintain the AEDs.

o The Contractor shall provide sufficient AEDs, stored in a location ready for use, to ensure that response time to Shipboard medical emergencies does not exceed five (5) minutes from any location on the Vessel. AEDs shall be stored in a location that is accessible to trained rescuers.

E-3.5.10 Vessel Name. The Government will have the option to require the Contractor to change the name of any Vessel chartered to a name of the Government’s choice at no additional cost to the Government. For planning purposes, the Vessel will be named MV MAJOR BERNARD F FISHER, without guarantee.

E-4 Crew Qualifications.

E-4.1 Crew as Agents of Owner. The Master, Officers and crew of the Vessel shall be appointed or hired by the Contractor and shall be deemed to be the servants and agents of the Contractor at all times, including during cargo operations, except as otherwise specified in this Charter. The Master of the Vessel shall be under the direction of the Government with regard to the employment of the Vessel but shall not be under Government's orders with regard to navigation, care, and custody of the Vessel. The Vessel’s crew shall be trained, qualified and medically fit sufficient to accomplish the requirements of the Performance Work Statement (PWS) and consistent with the Vessel’s mission. The Master, Officers and crew shall be U.S. citizens; the Master, Officers and crew shall be able to communicate in spoken and written English and possess valid and current certificates, licenses, and documents.

Deck and Engine Officers shall meet requirements of the USCG and STCW and possess current, valid USCG licenses, including Radar Observer endorsement for Deck Officers, commensurate with the tonnage and classification of the Vessel. GMDSS operators and maintainers shall be properly licensed and certified. Licensed personnel shall have the necessary endorsements on their USCG Merchant Mariner's Document for the job to which they are assigned. The Master, Officers and crew shall hold valid U.S. passports for the full length of their assignment onboard.

E-4.1.1 Conduct of Master, Officers and Crew. If the Government has reason to be dissatisfied with the conduct of the Master, Officers or crew, the Contractor shall, on receiving particulars of the complaint, investigate the matter and if necessary, make a change in personnel.

E-4.1.2 Crew Appearance. The Contractor shall ensure the appearance, dress and behavior of the Officers and crew are a credit to the Government. Accordingly, the Contractor shall establish and enforce appropriate dress and grooming standards for shipboard personnel (e.g., khakis or white coveralls for officers and blue for unlicensed crewmembers) in order to distinguish officers from non-officer crew and to facilitate the identification of non-crew personnel.

E-4.2 RESERVED.

E-4.3 Common Access Cards.

E-4.3.1 Common Access Card (CAC). The Common Access Card is Government Furnished Property. The Contractor shall ensure that the top two (2) Officers (Master and Chief Mate) serving aboard the Vessel are issued a CAC. The CAC shall not be used for any unauthorized purpose. Fees associated with obtaining CACs are for the Contractor’s account.

E-4.3.2 Authorized Personnel. CACs are to be issued through the auspices of a Trusted Agent only to U.S.

Citizens, U.S. Permanent Resident Aliens, or such other individuals as may be authorized by Commander, Military Sealift Command (COMSC).

E-4.3.3 National Agency Check with Inquiries (NACI). To be eligible for a CAC, contract mariners and Contractor personnel shall, at a minimum, have completed an FBI fingerprint check with favorable results and have initiated a NACI conducted by the Office of Personnel Management (OPM), or a DoD determined equivalent investigation.

• An individual holding a valid SECRET clearance or higher shall not require an additional NACI.

• Unfavorable results on the fingerprint check or failure to submit to a NACI will disqualify a mariner from obtaining a CAC.

• If a Contractor employee is given an adjudication of “Access Suspended”, “Interim declination”, “Loss of Jurisdiction”, “No Determination Make”, or has their clearance eligibility otherwise revoked or withdrawn, the Contractor shall immediately inform the Contracting Officer in writing.

• Prior to issuance of a CAC to a foreign national, the NACI must be completed and favorably adjudicated.

Foreign nationals are ineligible to receive an interim CAC.

E-4.3.4 Contractor Verification System (CVS). Upon receipt of favorable fingerprint check results and the initiation of a NACI, the Contractor shall sponsor their personnel in the CVS with the submission of a CVS Registration Request to a CVS Trusted Agent. The Trusted Agent shall enter the Registration Request into the CVS on behalf of the mariner. Requests for CACs will not be entered into the CVS without favorable fingerprint check results and the initiation of a NACI at a minimum.

E-4.3.5 RESERVED.

E-4.3.6 Tracking and Disposition. The Contractor shall be responsible for the control of CACs issued to its mariners and personnel under MSC contract. In order to ensure positive control of CACs, the Contractor shall surrender to the Trusted Agent all CACs issued in the performance of this Contract upon: 1) Termination of the Contract; 2) Redelivery of the Vessel; or, 3) As directed by the issuing authority, the Trusted Agent, or the Contracting Officer.

E-4.3.7 RESERVED.

E-4.3.8 CAC Reporting. A report shall be made to the Contracting Officer within 24 hours of discovering any CAC is lost, stolen, or destroyed. The Contracting Officer will then generate a report to 1) the Trusted Agent for cancellation of the card, 2) the local U.S. Military Security Office, and 3) the appropriate MSC Squadron Commander.

E-5 Anti-Terrorism/Force Protection (AT/FP) Requirements. The Contractor shall comply with COMSCINST

5530.3 (series) which is the primary reference on antiterrorism and force protection matters and establishes minimum requirements and standards for MSC ships. MSC Area Commanders will direct additional security measures as the local threat condition warrants. See Attachment H for additional information regarding AT/FP requirements.

E-5.1 Security in Port. For vessels in port, the Contractor shall provide, at its own expense, a gangway security watch and roving patrol in accordance with COMSCINST 5530.3 (series). The gangway security watch shall keep a log of all arrivals and departures of non-assigned personnel. When visiting ports which pose higher than normal security threats, additional security may be required to meet a Force Protection Condition (FPCON) set by the Operational Commander. The Contractor will be reimbursed for reasonable and direct expenses actually incurred in implementing any additional security measures including additional security guards authorized by MSC.

E-5.2 Security at Sea.

• The Contractor shall implement Shipboard security measures against terrorism, hostage situations, demonstrations, sabotage, piracy or hostile acts at all times, with increased situational awareness while sailing in high threat areas. The Contractor shall display appropriate international signals indicating special operations or dangers to navigation for approaching ships and shall comply with MSC Standard Operating Manual (SOM), COMSCINST 3121.9 (series).

• The Contractor shall ensure Vessel’s crew is capable of executing Visual Information (VI) duties in accordance with the Navy-Wide Operational Task Order (OPTASK) VI, COMSCINST 5290.1 and applicable Navy message updates. VI capture and processing will be conducted using government furnished VI equipment and reporting will be executed utilizing existing ships communications equipment.

The ship’s master will be responsible for designation of VI team members and has overall accountability for the VI mission.

1) The Contractor shall ensure VI training is conducted at the individual and unit level. Individual training shall address the operational and procedural, photographic/videographic and information technology lines of effort that support producing VI. Crewmembers performing VI duties must be able to meet proficiency requirements and timelines provided by the Operational Chain of Command.

Unit-level VI training shall be conducted and assessed regularly by the Vessel’s Master. The intent of unit-level assessments is to measure whole-of-unit readiness.

E-5.3 Operational Security (OPSEC). The Contractor shall train crews in OPSEC awareness. The Contractor shall take the following minimum precautions, as directed by the Operational Commander:

• Personal Security: The Contractor shall avoid telephone discussions or face-to-face conversations that can be overheard by unauthorized personnel when discussing mission related information. The Contractor shall avoid discussing any aspect of operations or capabilities outside the work place, and indications that strangers have focused on an individual or have a probing interest in ship operations. Where terrorism is a threat, the Contractor shall instruct personnel to vary routines and predictable habits and travel in groups for safety.

• Physical Security: The Contractor shall consider information concerning physical guards, space security, firearms onboard, custodial controls, emergency destruction procedures and capabilities, and threat reaction procedures and capabilities as closely held information. Emergency action drills to practice responding to threats should not be observed by anyone other than authorized crewmembers.

• Vessel Arrival in Port: The Contractor shall restrict the knowledge of the Vessel's scheduled port calls to those members of the Contractor's staff with a need to know. The Contractor shall arrange travel of port captains and port engineers and shipment of supplies so as to limit forewarning of the Vessel's actual arrival.

• Vessel Departure: To the degree possible, the Master shall make arrangements for sailing in a way that conceals and limits knowledge of sailing intentions (date and hour). As practicable, the Master shall avoid obtaining items such as charts and other materials that might indicate the future areas of operations of the Vessel.

• Vessel Operations: The Master shall maintain radio silence on HF, VHF, or UHF except as authorized by Squadron or Operational Commanders. The Master shall use evasive maneuvers and recognition signals with U.S. aircraft or other ships as directed.

• Reports: The Master shall not release reports that can be used to determine patterns of Vessel movements and operations to international organizations.

E-5.4 Contractor's Responsibility When Embarked Security Team (EST) is Aboard. The Master shall maintain the Vessel in the Force Protection Condition (FPCON) set for its current location. This may include the supporting of an embarked military security detachment or Embarked Security Team (EST) which will operate under their Joint Chiefs of Staff military chain of command and the Standing Rules of Engagement. Under Article 0847 of U.S.