B08 Attachment 1_A02 PWS Vessel Towage Service (Australia to Japan) 23SEP25.pdf

AUG 22

Performance Work Statement (Includes associated Performance Requirements Summary (PRS)

PERFORMANCE WORK STATEMENT (PWS)

Vessel Towage Services – Australia to Japan

Part 1 General Information

1. General: This is a non-personal service(s) contract under which the personnel rendering the service(s) are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.1 Description of Services/Introduction: This is a non-personal service(s) contract to provide vessel towage service.

1.2 Background: US Army Forces will require vessel towage services to transport and deliver US Army Logistics Support Vessel from Australia to Japan for scheduled maintenance.

1.3 Scope: The Contractor shall provide non-personal service(s). The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform services as described in the PWS and associated contract documents, except for those items specified in Part 3 Government Property and Services. The Contractor shall perform to the standards and acceptable quality levels identified in this PWS and associated contract documents.

1.3.1 Specific services for this is to provide vessel towage service.

1.3.2 Due to the volatility of US Army Military exercises and operations, contractors must remain flexible to changes in the periods of performance, quantities, and potential for the addition of services within the general scope of the contract.

1.4 Objectives: The Contractor shall provide the equipment and services prescribed under this contract.

1.5 General Information:

1.5.1 Quality Control Plan (QCP): The contractor’s existing quality assurance system shall be utilized in accordance with FAR 12.208.

1.5.1.1 Reserved.

1.5.1.2 The Contractor shall inform the COR, if applicable, or Contract Specialist otherwise, of issues or potential issues that might affect the performance within two (2) hours of identifying those issues. Verbal reports shall be followed up by written reports within 1 day of identification of the issue.

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

1.5.3 Recognized Holidays: Work shall be performed on Recognized holidays unless otherwise directed by the Contracting Officer.

1.5.3.1 Host Nation Holidays: Work shall be performed on local Host Nation holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

1.5.4 Operating Hours: This contract will perform 24 hours per day.

1.5.4.1 Government Facility Office Hours: Reserved.

1.5.4.2 Government Facility Operating Hours: Reserved.

1.5.4.3 Contractor Support Hours: The Contractor shall always maintain an adequate workforce, for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential. See Part 5 of the PWS for specifics; coordinate with the Contracting Officer Representative (COR), if applicable, for scheduling during contract performance.

1.5.4.3.1 Contractor Work Plan: Reserved.

1.5.5 Training Holidays: Reserved.

1.5.6 Place of Performance: The work to be performed under this contract will be performed in Darwin, Australia, and Yokohama, Japan, and the route between the two.

1.5.7 Period of Performance: Initiate NLT 27 September. The performance end date will be determined based off the vendor’s schedule submission.

1.6 Security Requirements: The following information is provided on security related matters.

1.6.1 Security Program: Reserved.

1.6.2 Personnel Security Clearance Requirements: Reserved.

1.6.3 Installation Access: Access to U.S. and Host Nation installations, buildings and controlled areas is limited to personnel who meet security criteria and are authorized. Failure to submit required information/data and obtain required documentation or clearances will be grounds for denying access to installations, buildings and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements.

1.6.3.1 Installation Pass Log: Reserved.

1.6.3.2 Individual Termination or Expiration of Employment: Reserved.

1.6.3.3 Contract Termination or Cancellation: Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes, if applicable, and return them to the issuing office within 3 days.

1.6.3.4 Common Access Cards (CAC) and CAC Log: Reserved.

1.6.4 Background Checks: Reserved.

1.6.4.1 U.S. Citizen: Reserved.

1.6.4.2 Local Nationals and Third Country Nationals: Reserved.

1.6.5 Physical Security: The Contractor shall safeguard their own equipment without the assistance of the US Government.

1.6.6 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

1.7 Key Control: Reserved.

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter.

Meetings may start or end outside of regular duty hours.

1.9 Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a COR. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The following personnel are considered key personnel by the Government: the contractor’s lead contract manager and/or site manager. Key personnel MUST be fluent in English in spoken, listening, and written form.

1.11 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves, to include proper marking of signature blocks in correspondence, to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports, produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.12.1 Reserved.

1.12.2 Reserved.

1.13 Contractor Travel: Any contractor travel is done so at the expense of the contractor.

1.14 Other Direct Costs (ODCs): Reserved.

1.15 Data Rights: Reserved.

1.16 Non-Disclosure Requirements: Reserved.

1.17 Protection of Government and Contract Information: Per Public Use Notice of Limitations stated by Defense imagery Management operations Center and contained at www.dimoc.mil/resources/limitations/ , the Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital marketing tools to include its company website.

1.18 Non-Disclosure Statements: Reserved.

1.19 Organizational Conflict of Interest (OCI): Reserved.

1.20 Phase In /Phase Out Period: Reserved.

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention:

All contracted personnel shall comply with the Army Safety Program AR 385-10 and DA PAM 385-10. The contractor shall ensure that each employee is equipped with U.S. and Philippine Safety equipment including but not limited to: protective clothing, eye protection and hearing protection in accordance with (IAW) Occupational Safety & Health Administration (OSHA) Code of Federal Regulations (CFR) Title 29 Part 1910 (OCCUPATIONAL SAFETY AND HEALTH STANDARDS). They must adhere to any additional Philippine standards imposed on the contractor that are in addition to the U.S. standards listed in the CFR above.

1.21.1 Safety Laws and Regulations: The Contractor shall comply with FAR 52.236-13, Accident Prevention (November 1991), the references contained therein, as well as all applicable Host Nation Safety Laws and Regulations.

1.22 Environmental Compliance: The contract shall adhere to all host nation environmental laws, to include, but not limited to, the proper disposal of hazardous materials.

1.22.1 Environmental Compliance Plan and Program: Reserved.

1.23 Required Training: Reserved.

1.24 Laws and Regulations: The Contractor will follow all US, local, and applicable National Laws and Regulations during performance of this contact.

1.25 Responsibilities: The Contractor shall assume total responsibility for all requirements stated herein on the commencement date of the performance period. The Contractor shall perform as specified in this Contract and under the direction of the Contracting Officer (KO).

1.25.1 Work Responsibility: The Contractor shall perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS. The Contractor shall conduct work in accordance with this PWS and all applicable United States (U.S.), applicable National, and local laws, http://www.dimoc.mil/resources/limitations/ regulations, standards, provisions, and directives to include applicable publications in Part 5.

The Contractor shall ensure that all work meets the level of service, performance standards, or tolerances specified in the PWS or in applicable referenced documents. Some services under this Contract may be performed at designated facilities, or portions of installations, by in-house Government personnel or by other contractors.

1.25.2 Administrative Responsibility: The Contractor shall perform all related administrative actions required to provide services or perform work such as material requisitioning, quality control (QC), financial control, meetings, and correspondence. The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all U.S., applicable National, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed. The Contractor shall compile historical data, prepare required reports, and submit information as specified by the Deliverable Schedule.

1.25.3 Liability: The U.S. Government accepts no liability for the actions of the Contractor or his employees and/or agents.

1.26 AT-OPSEC

1.26.1 Access and general protection/security policy and procedures. Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204‐9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.26.2 For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub‐contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC‐III) and Terrorist Screening Database (Army Directive 2014‐05/AR 190‐13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative); or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations

1.26.3 iWATCH Training. The contractor and all associated sub‐contractors shall brief all employees on the local iWATCH Army program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 5 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.

Contracting Officer – means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. DoD Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, Contracting Officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing other surveillance support personnel to assist the COR when needed, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”

Contractor – means a supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Contractor-acquired Property - means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract and to which the Government has title.

Day – means, unless otherwise specified, a calendar day.

Defective Service – means a service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable – means anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

Government-furnished Property – As reflected in FAR 52.245-1, Government-furnished Property “means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract

Government Property - means all property owned or leased by the Government.

Government property includes both Government-furnished and Contractor-acquired property.

Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

Property Administrator - means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

High Level Objective (HLO) – means a key overarching result-based objective for a project necessary to achieve the project’s vision. HLOs are similar to Level 2 in a Work Breakdown Structure. Each HLO may contain several statements to flesh out the areas necessary to meet the objective.

Physical Security – means that part of security concerned with physical measures designed to safeguard personnel; to prevent unauthorized access to equipment, installations, material, and documents; and to safeguard against espionage, sabotage, damage, and theft.

Quality Assurance – (or Government contract quality assurance) means the various functions, including, inspection, performed by the Government to determine whether a Contractor has fulfilled the contract obligations pertaining to quality and quantity.

Quality Assurance Surveillance Plan (QASP) – means the key Government-developed surveillance process document, and is applied to Performance-Based Service Contracting (PBSC). The QASP is used for managing Contractor performance assessment by ensuring that systematic quality assurance methods validate that Contractor quality control efforts are timely, effective, and are delivering the results specified in the contract or task order. The QASP directly corresponds to the performance objectives and standards (i.e., quality, quantity, timeliness) specified in the Performance Work Statement (PWS). It provides specific details on how the Government will survey, observe, test, sample, evaluate, and document Contractor performance results to determine if the Contractor has met the required standards for each objective in the PWS. The QASP, with very few if any exceptions, is an internal to Government document.

Quality Control – means all necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

Statement – means the specific results-based activities required to satisfy HLOs. A statement contains a result, the context of the statement, and the required action(s). Statements focus on

“what” is to be accomplished; however, they are not prescriptive in describing “how” the outcome is to be achieved. Each HLO may have several statements to flesh out the areas necessary to meet the objective. Statements are similar to Level 3 in a Work Breakdown Structure.

Subcontractor – means one that enters a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

Work Day - The number of hours per day the Contractor provides services in accordance with the contract.

Work Week - Monday through Friday, unless otherwise specified.

2.2 Acronyms: Although not inclusive of every term used within this PWS, or that may be included in an acquisition, the following provides a list of acronyms commonly used in the acquisition field.

AA&E Arms, Ammunition and Explosives ACOR Alternate Contracting Officer's Representative AE Army in Europe AFARS Army Federal Acquisition Regulation Supplement AHA Activity Hazard Analysis AOR Area of Responsibility AR Army Regulation AT Anti-terrorism ATCTS Army Training Certification Tracking System CAC Common Access Card CCE Contracting Center of Excellence CFE Conventional Forces Europe CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DoD Department of Defense FAR Federal Acquisition Regulation FRG Federal Republic of Germany GFP Government Furnished Property HLO High Level Objective HIPAA Health Insurance Portability and Accountability Act of 1996 IA Information Awareness IAC Installation Access Control

IACO Installation Access Control Office ID Identification IGCE Independent Government Cost Estimate IT Information Technology JTR Joint Travel Regulation JPAS Joint Personnel Adjudication System KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OPSEC Operations Security PA Property Administrator PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RA Requiring Activity RCO Regional Contracting Office SIGE Safety and Health Protection Plan TE Technical Exhibit USAG United States Army Garrison USAREUR United States Army Europe UOM Unit of Measure

PART 3

GOVERNMENT PROPERTY (GP) AND SERVICES

3. Government Property and Services

The contractor is solely responsible to provide the necessary services, facilities, utilites, equipment, and so forth in order to meet the requirements in this contract.

3.1 Services: Reserved.

3.2 Facilities: Reserved.

3.3 Utilities: Reserved.

3.4 Equipment: Reserved.

3.5 Special Tooling and Test Equipment: Reserved.

3.6 Materials: Reserved.

3.7 Training: Reserved.

3.8 Common Access Cards (CAC): Reserved.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Property and Services

4.1 General: The Contractor shall furnish all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform services as described in the PWS and associated contract documents, except for those items specified in Part 3 Government Property and Services.

4.2 Secret Facility Clearance: Reference paragraph 4.1.

4.3 Materials: Reference paragraph 4.1.

4.4 Vehicles and Equipment: Reference paragraph 4.1.

PART 5

SPECIFIC TASKS

5.1 Basic Services: The Contractor shall provide necessary personnel, equipment, and services to safely and effectively tow Logistics Support Vessel 4 from Darwin, Australia (HMAS Coonawarra pier) to Yokohama North Dock, Japan.

5.2 Tasks: Tasks consist of the following sub paragraphs.

5.2.1 Towing Description

ITEM DESCRIPTION

Towing Service

Watercraft capable of transporting an Army Logistics Support Vessel (LSV) in accordance industry standards, TB 55-1900-232-10 and drawings provided.

LSV Dimensions:

LOA: 273 ft / 83.2m Width: 60 ft / 18.29m BM: 59.98 ft / 18.28m DRT: 12 ft / 3.7m HGT: 91.86 ft / 28m

GRT: 2194

Displacement (loaded): 4199 LT

The vessel is disabled and has diminished propulsion capability.

The LSV will not have any Cargo on board.

5.2.2 Performance

5.2.2.1 The contractor will transport the vessel in Para 5.2.1 Darwin, Australia to Yokohama North Dock, Japan. The contractor is responsible for developing a detailed towage plan, including route assessment, tidal/current analysis, weather monitoring, and contingency planning. The plan must adhere to all applicable maritime laws and regulations. The contractor must also Assist with the preparation of the vessel for towing, including the connection of towlines and the verification of all towing interfaces.

5.2.3 Performance Standards

(a) STD: Develop a detailed towage plan, including route assessment, tidal/current analysis, weather monitoring, and contingency planning. The plan must adhere to all applicable maritime laws and regulations.

(b) STD: The vessel shall be a U.S. Flag Vessel.

(c) STD: Tow will be conducted IAW TB 55-1900-232-10.

(d) STD: Provide a qualified and experienced towing crew, including a Towmaster certified in accordance with [Relevant Certification Standard – e.g., USL, STCW]. Crew shall possess valid licenses and certifications for their assigned duties IAW U.S. and International Laws.

(e) STD: All fuel required for waterborne craft operation during the entire period shall be provided by the contractor and shall not be priced separately.

(f) STD: Contractor will follow all local and International Laws during performance of this contact.

(g) STD: Contractor is obligated to comply with generally accepted standards of the transportation industry for operation and maintenance practices. As a minimum, Contractor shall comply with all provisions of applicable statutes and agreements which may affect safety, and with all applicable regulations, directives, orders, permitting, rules and standards pertaining to service provided here under.

(h) STD: All equipment and operators shall be licensed and authorized to operate at locations specified in the place of performance.

(i) STD: The contractor shall provide all fuel, oils, vehicle insurance, insurance, tools, base access, economic zone fees, permits, tolls, entry fees, repairs, maintenance, and any other operational costs for all equipment to be fully operational for the duration of this contract.

(j) STD: All mechanical controls shall be operative. All equipment shall be operative and kept in line with manufacturer’s recommended maintenance program.

(k) STD: The Contractor shall maintain the vessel and all equipment pursuant to local and country safety requirements.

(l) STD: The contractor shall provide full service and will be solely responsible for the vessel.

The contractor shall be cleared, through own expense and process, to conduct business unescorted inside all areas within the Place of Performance.

(m) STD: Operators shall comply with all applicable vessel operation regulations; to include licenses and registration.

(n) STD: Equipment and Operators shall comply with all applicable International Maritime regulations; to include licenses and registration. The vessel shall be maintained in the highest class of recognized classification society and in compliance with all current safety, health, and pollution regulations promulgated by appropriate authorizes, including the latest International Maritime Organization (IMO) regulations.

(o) STD: The contractor will facilitate a walk-through with U.S. Government personnel prior to departure for inspection after the vessels are configured for tow.

(p) STD: Transportation shall comply with all applicable International Maritime Safety regulations. The contractor shall provide shipping papers and any requested documentation (such as licenses and permits) in advance of a shipment for review and acceptance by USG.

(q) STD: All cargo customs/port clearance processing, and customs/port clearance documentation will be executed by the U.S. government. The cargo manifest will be provided to the contractor by the government.

(r) Unless described in the previous paragraph, the contractor is solely responsible for gaining and complying with all permits, documentation, and authorizations to conduct the services described within this PWS.

(s) STD: The contractor shall provide a replacement for all disabled equipment involved in the Tow.

(t) STD: Furnish and maintain all towing gear in good working order, including towlines (steel wire or synthetic), shackles, quick-release hooks, and associated hardware. Equipment must meet or exceed industry standards for safe working loads.

(u) STD: Contractor or Contractor’s appointed tug shall furnish and rig all towing hawsers and bridles necessary for this towage service and shall be liable with respect to any damage sustained by the tow because of defective or improper rigging.

(v) STD: The Contractor or Contractor’s appointed tug shall furnish the necessary lighting and signaling equipment for the tow in accordance with applicable navigational laws and pilot rules.

The Contractor may use the lighting and signaling equipment on board the towed vessel, provided that the Contractor determines that it is in operational condition and meets navigational laws and pilot rules requirements.

(w) STD: In the event of the tow breaking away from the tug during the course of this towing service, the tug shall stand by and render service in saving the tow without making any claim for salvage.

(x) STD: The tug, while in charge of the tow, may go to the assistance of vessels in distress for the purpose of saving life or property, call at any port for fuel, repairs, supplies or other necessities, or to land disabled seamen; but time lost by the tug under such circumstances shall not entitle the Contractor to claim additional compensation from the Government.

(y) STD: The transportation shall be direct-voyage to destination. The contractor shall take the most direct route possible, and shall not stop at any port between point of origin and point of destination.

(z) STD: Contractor will comply with applicable vessel safety and security regulations as defined in 33 CFR Parts 6, 104-105, 109-110, 125-126, and 160; and 49 CFR Part 176. The vendor shall also be required to remain current on that status of any terrorist threat levels advisories, as published by the Department of Homeland Security.

(aa) STD: Execute all tasks associated with preparation for towing, including the connection of towlines and the verification of all towing interfaces.

(bb) STD: Conduct the tow operation in a safe and efficient manner, maintaining continuous communication with the vessel being towed and relevant shore-based authorities (e.g., Vessel Traffic Services).

(cc) STD: Continuously monitor the tow’s progress, weather conditions, and the condition of the towing equipment. Provide regular status reports to the designated government representative.

(dd) STD: Contractor shall comply with U.S. Defense Transportation Regulation (DTR) shipping (Part II) Cargo Movement (Part V) Customs and (Part VI) Intermodal.

(ee) STD: In the event of an emergency during contract performance, including, but not limited to an emergency, the contractor is responsible for coordinating with the appropriate authorities for quick response procedures and following all local and International Maritime Organization procedures. The US Government will not coordinate for US Government support during an emergency, and any required or requested support from the contractor is solely the responsibility of the contractor.

(ff) STD: Upon arrival at the destination port, safely disconnect the towline and assist with the mooring of the vessel. Conduct a post-tow inspection of all towing equipment.

(gg) STD: The contractor shall not post any pictures or information regarding the performance of this contract.

5.2.4 Contractor Operators.

(a) STD: Contractor operators shall be proficient in conversational Basic English and able to translate directions / instructions from the COR.

(b) STD: Contractor operators will provide position reports/updates to COR on location and estimated time of arrival every 6 hours while underway from the Port of Darwin to Yokohama North Dock.

(c) STD: The contact information for each operator shall be provided to the Contracting Officer and Contracting Officer Representative (COR) prior to delivery. The government will not provide cell phones to any operators.

5.2.5 Permits.

(a) STD: Contractor shall submit a request to obtain all appropriate permits required to fulfill the requirements of this PWS. The contractor shall not perform any work required by the issuance of a permit prior to obtaining the required permit.

(b) STD: Contractor shall complete all customs and shipping requirements as required by the relevant Port Authorities of Darwin and Yokohama North Dock in general.

5.2.6 OPSEC.

(a) STD: Contractor will instruct their employees to not share details of their work, vessel details, cargo destinations and any other details of their work on social media. Failure to comply may result in contract cancellation.

5.2.7 Damages / Insurance

5.2.7.1 Vessels and Property. The Government shall not be responsible for acts of God that may result in damage to any vessel or property (e.g. hail storms, thunderstorms, seas etc.). In addition, the Government shall not be responsible for normal depreciation to the vessel. For purposes of this contract, “normal depreciation” is defined as the wear and tear that can reasonably be expected to result given the vessel’s use by equipment-laden troops in a harsh environment. Normal depreciation includes, but is not limited to, minor scratches and dents to vessel exterior, minor damage to vessel, and the presence of dirt or sand. The Government will only be responsible for damage in excess of normal wear that results from negligence, neglect, or similar acts of the Government. All contractor claims for damage by the Government shall be submitted to the contracting officer for consideration in accordance with FAR Part 33.2. The contractor shall have insurance to cover the vessel and property in accordance with applicable International Maritime law.

5.2.7.2 Cargo. The Government shall not be responsible for acts of God that may result in damage to the cargo (e.g. hail storms, thunderstorms, seas etc.). Damages or destruction caused by such acts of God or by the contractor and/or the contractor’s provided drivers/operators will be replaced or repaired to original condition by the contractor at no cost to the US Government. These acts by the contractor include, but are not limited to, acts such as mishandling of containers or accidents. The contractor shall have insurance to cover the cargo in accordance with applicable International Maritime law.

5.2.7.3 The Contractor and tug, their owners, operators, agents and charters shall not be liable for any loss, damage or delay resulting from saving or attempting to save life or property at sea or from any latent defect in the hull, machinery and/or equipment of the tug or unseaworthiness thereof (even though existing at the commencement of the voyage), providing such unseaworthiness did not result from failure to use due diligence to make the tug in all respects seaworthy, and the Contractor has taken all responsible actions to protect and secure the "tow" against damage or loss at all times during the towage services

5.2.7.4 The Contractor or Contractor’s appointed tug shall fit out and maintain the tug for this towage service in a proper and sufficient manner in all respects and shall indemnify the Government and the tow against, and hold them harmless from any and all loss, damage, or liability arising out of, or in any way contributed to by the unseaworthiness of the tug or by any deficiency in or failure of its machinery, equipment, or the personnel on board.

5.2.7.5 The Contractor or Contractor’s appointed tug shall fit out and maintain the tow in a proper and sufficient manner in all respects, including securing the vessel's tail shafts, for the voyage to and from the Contractor's plant, and shall hold harmless the Government and the tow from any and all loss, damage or liability arising out of, or in any way contributed to by the unseaworthiness of the tow, or by a deficiency in, or failure of its machinery or equipment and personnel on board.

5.2.7.6 Reporting. The contractor shall report all incidents of damage or destruction to property (material, supplies, freight, or property of any type), or personal injury or death to any person, arising out of and during the performance of this contract to the Contract Officer Representative (COR) immediately. A complete written report shall be submitted within 96 hours after occurrence of the incident to the COR. Damages or destruction caused by the contractor and/or the contractor’s provided drivers/operators will be replaced or repaired to original condition by the contractor at no cost to the US Government. Contractor will have insurance for the vessel and operators in accordance with applicable International Maritime law. The contractor shall provide a single Point of Contact (POC) that may be reached at any time, 24- hours a day and 7-days a week, for the scheduling of any necessary services or issues that may arise.

PART 6

APPLICABLE PUBLICATIONS

Applicable Publications (Current Editions): The following publications, manuals, regulations, etc. are mentioned in this PWS and are listed below.

6.1.1 Department Of Defense Contract Security Classification Specification (DD Form 254)

6.1.2 Department of Defense Security Agreement (DD Form 441)

6.1.3 National Industrial Security Program Operating Manual (DoD 5220.22-M)

6.1.4 Installation Access Control (AE Reg 190-16)

6.1.5 The Army Physical Security Program (AR 190-13)

6.1.6 Contractor Identification (AE Reg 27-715)

6.1.7 U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1)

6.1.8 Information Assurance Workforce Improvement Program (DoD 8570-M)

6.1.9 Information Assurance Training Certification and Workforce Management Directive (DoDD 8570.01)

6.1.10 Information Assurance (AR 25-2)

6.1.11 Electromagnetic Compatibility Directive (2004/108/EC)

6.1.13 Policies and Procedures for Property Accountability (AR 735-5)

6.1.13 Military Freight Traffic Unified Rules Publication 1 (MFTURP-1)

6.1.14 Ammunition and Explosives Safety Standards (DA PAM 385-64)

6.1.15 International Convention for the Safety of Life at Sea (SOLAS)

6.1.16 U.S. Defense Transportation Regulation (DTR) shipping

6.1.17 Physical Security of Sensitive Conventional Arms, Ammunition, and Explosives (AA&E) (DoDM 5100.76)

PART 7

ATTACHMENT AND TECHNICAL EXHIBIT LISTING

7. Attachment and Technical Exhibit List

7.1 Technical Exhibit A – Performance Requirements Summary

7.2 Technical Exhibit B – Deliverables Schedule

TECHNICAL EXHIBIT A

Performance Requirements Summary (PRS)

PERFORMANCE

OBJECTIVE

STANDARD PERFORMANCE

THRESHOLD

ACCEPTABLE

QUALITY

LEVELS (AQLs)

METHOD OF

SURVEILLANCE

PRS#1 - PWS para (5.2) Contractor shall comply with all performance standards

Standards are specified in 5.2.

AQL 100%. Periodic Inspection

Customer Feedback

PRS#2 - PWS para (5.2.5) Contractor shall comply with all Operator Standards.

specified in 5.2.5.

AQL 100% 100% Inspection

Periodic Inspection

Customer Feedback

PRS#2 - PWS para (5.2.7) Contractor shall comply with all Permits.

specified in 5.2.7

AQL 1005 100% Inspection

PRS#4 - PWS para (1.21.1) Insert Contractor shall comply with all establish standards, laws, and regulations.

The Contractor shall conduct work in accordance with this PWS and all applicable United States (U.S.), Philippine, and local laws, regulations, standards, provisions, and directives to include applicable publications in Part 5.

AQL 100% Random Sample

TECHNICAL EXHIBIT B

DELIVERABLES SCHEDULE

Schedule - Equipment Rental with Operator ITEM QUANTITY LOCATION POP Unit

Cost

UM

Tug service 1 Port of Darwin, Australia to Yokohama North Dock, Japan

25 – 27 September 2025 (Vessel Prep)

27 September – 1 November 2025 (Underway to Yokohama North Dock, Japan;

deliver LSV)

(37 days total)

USD Job