DTMA9117B00003.pdf

SOLICITATION/CONTRACT 1. THIS CONTRACT IS A RATED

5. SOLICITATION TYPE2. CONTRACT NO. 4. SOLICITATION NUMBER

PAGE OF PAGES

7. ISSUED BY CODE 8. THIS ACQUISITION IS

BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27

RATING

ORDER UNDER DPAS (15 CRF 350)

3. AWARD/

EFFECTIVE DATE ISSUE DATE

6. SOLICITATION

UNRESTRICTED

SET ASIDE

SMALL BUSINESS

OTHER

COMBINED SMALL BUSINESS AND

LABOR SURPLUS AREA CONCERNS

LABOR SURPLUS AREA CONCERNS

SIC:

SIZE STANDARD:

9. (AGENCY USE)

NO COLLECT CALLS

10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)

SUPPLIES SERVICES

11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN

DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT

PERIOD) FROM THE DATE SET FORTH IN BLK 9 ABOVE, THE CONTRACTOR

AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED

HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE

TERMS AND CONDITIONS STATED HEREIN.

CODE 12. ADMINISTERED BY

13. CONTRACTOR/ FACILITY 14. PAYMENT WILL BE MADE BY CODE CODE

OFFEROR CODE

TELEPHONE NO.

DUNS NO.

CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:

15. PROMPT PAY DISCOUNT 16. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. 2304 (C) ( 41 U.S.C. 253 (C) (

NEGOTIATED BID (RFP)

SEALED BID (IFB)

1 46

12/02/2016

U.S. DOT/ Maritime Administration Office of Acquisition MAR-380

1200 NEW JERSEY AVENUE SE

MAIL STOP W-28-201

WASHINGTON DC 20590-0001

(1) This Solicitation is open to Small Businesses and Large Businesses.

(2) The Place of Performance is the East Coast of the United States.

(3) Responses to this Solicitation are due at 11:00 A.M (Eastern Time) on Jan.6, 2017

U.S. DOT/Maritime Administration Office of Acquisition

MAR-380

1200 New Jersey Avenue, SE

00091

Mail Stop W-28-201 Washington DC 20590-0001

488390

% FOR

CALENDAR

x x x

00091

Layberthing of MARAD's RRF Vessel, Cape May

$38.50

DTMA9117B00003

17.

ITEM NO.

18.

SCHEDULE OF SUPPLIES/SERVICES

19.

QUANTITY

20.

UNIT

21.

UNIT PRICE

22.

AMOUNT

The Offeror shall render layberthing services to

MARAD's RRF vessel, Cape MAY, on the East

Coast of the United States. See Section B and

Section C of this Solicitation for detailed descriptions of the requirements.

27. SIGNATURE OF OFFEROR/CONTACTOR 28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

NAME AND TITLE OF SIGNER (TYPE OR PRINT) DATE SIGNED NAME OF CONTRACTING OFFICER (TYPE OR PRINT) DATE SIGNED

12/2/2016

25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION

NUMBER SHOWN IN BLOCK 4, INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS

TO ITEMS:

23. ACCOUNTING AND APPROPRIATION DATA 24. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

Ken Egbuna x

NSN 7540-01-218-4386 1447-101 STANDARD FORM 1447 (Rev. 5-88)

Prescribed by GSA

FAR (48 CFR) 53.215-1(g)

Ken.Egbuna Signature

TYPE OR PRINT NAME AND TITLE OF SIGNER

SIGNATURENAME AND ADDRESS OF FIRM (Include ZIP Code)

WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENTS OF THE TYPE OF ITEM(S) INVOLVED.WE DO

DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS INVOLVED

CANNOT MEET DELIVERY REQUIREMENT

OTHER (Specify)

UNABLE TO IDENTIFY THE ITEM(S)

CANNOT COMPLY WITH SPECIFICATIONS

PAGE

NO RESPONSE FOR REASONS CHECKED

46 2 OF

DATE AND LOCAL TIME

AFFIX

STAMP

HERE

TO:

FROM:

SOLICITATION NO.

WASHINGTON DC 20590-0001

U.S. DOT/ Maritime Administration Office of Acquisition MAR-380

1200 NEW JERSEY AVENUE SE

MAIL STOP W-28-201

00091

SF 1447 (5-88) BACK

DTMA9117B00003

United States Department of Transportation/Maritime Administration

SOLICITATION FOR THE LAYBERTHING OF CAPE MAY

DTMA9117B00003

SECTION -- B SERVICES PRICE/COSTS

Primary Bid Schedule (5-Year Bid Schedule) One 12-month Base Year and Four 12-month Option Periods

Base Year [11-01-2016 to 10-31-2017]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 365 Day $

0002 Vessel Disconnect/Reconnect 1 Cycle $

0003 Electricity 365 Day $ N/A

0004 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For the Base Year: $___

Option Year 1 [11-01-2017 to 10-31-2018]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 365 Day $

0002 Vessel Disconnect/Reconnect 1 Cycle $

0003 Electricity 365 Day $ N/A

0004 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 1: $___

Option Year 2 [11-01-2018 to 10-31-2019]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 365 Day $

0002 Vessel Disconnect/Reconnect 1 Cycle $

0003 Electricity 365 Day $ N/A

0004 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 2: $___

Option Year 3 [11-01-2019 to 10-31-2020]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 366 Day $

0002 Vessel Disconnect/Reconnect 1 Cycle $

0003 Electricity 366 Day $ N/A

0004 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 3: $___

Option Year 4 [11-01-2020 to 10-31-2021]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 365 Day $

0002 Vessel Disconnect/Reconnect 1 Cycle $

0003 Electricity 365 Day $ N/A

0004 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 4: $___

Total Estimated Price for 1 Base Year and 4 Option Periods: $______________

Alternate Bid Schedule (10-Year Bid Schedule) Bid Schedule for One 12-month Base Year and Nine 12-month Option Periods

Base Year [11-01-2016 to 10-31-2017]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 365 Day $

0002 Vessel Disconnect/Reconnect 1 Cycle $

0003 Electricity 365 Day $ N/A

0004 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For the Base Year: $

Option Year 1 [11-01-2017 to 10-31-2018]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 365 Day $

0002 Vessel Disconnect/Reconnect 1 Cycle $

0003 Electricity 365 Day $ N/A

0004 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 1: $

Option Year 2 [11-01-2018 to 10-31-2019]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 365 Day $

0002 Vessel Disconnect/Reconnect 1 Cycle $

0003 Electricity 365 Day $ N/A

0004 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 2: $

Option Year 3 [11-01-2019 to 10-31-2020]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 366 Day $

0002 Vessel Disconnect/Reconnect 1 Cycle $

0003 Electricity 366 Day $ N/A

0004 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 3: $

Option Year 4 [11-01-2020 to 10-31-2021]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 365 Day $

0002 Vessel Disconnect/Reconnect 1 Cycle $

0003 Electricity 365 Day $ N/A

0004 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 4: $

Option Year 5 [11-01-2021 to 10-31-2022]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 365 Day $

0002 Vessel Disconnect/Reconnect 1 Cycle $

0003 Electricity 365 Day $ N/A

0004 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 5: $

Option Year 6 [11-01-2022 to 10-31-2023]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 365 Day $

0002 Vessel Disconnect/Reconnect 1 Cycle $

0003 Electricity 365 Day $ N/A

0004 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 6: $

Option Year 7 [11-01-2023 to 10-31-2024]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 366 Day $

0002 Vessel Disconnect/Reconnect 1 Cycle $

0003 Electricity 366 Day $ N/A

0004 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 7: $

Option Year 8 [11-01-2024 to 10-31-2025]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 365 Day $

0002 Vessel Disconnect/Reconnect 1 Cycle $

0003 Electricity 365 Day $ N/A

0004 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 8: $

Option Year 9 [11-01-2025 to 10-31-2026]

CLIN DESCRIPTION QUANTITY UNIT ESTIMATED

AMOUNT

0001 Layberthing 365 Day $

0002 Vessel Disconnect/Reconnect 1 Cycle $

0003 Electricity 365 Day $ N/A

0004 Water/Sewage 1 N/A $ N/A

N/A N/A N/A N/A Total Estimated Amount For Option Year 9: $

Total Estimated Price for 1 Base Year and 9 Option Periods: $______________

Notes: 1) The Contracting Officer will compute the Estimated Amounts of all the Electricity CLINs (CLIN 0003) based on the Government estimated daily electricity consumption average, the estimated local electricity rates that are stated on Section J 4 and the proposed location of the bidder’s layberthing facility; the said Estimated Amounts will be added to (and evaluated as part of) the total bid price.

2) Bidders can bid based on the 5-year bid schedule or the 10-year bid schedule or both.

3) The Layberthing CLINs and the Disconnect/Connect CLINs are Firm Fixed Price CLINs.

4) The Electricity CLINs and the Water/Sewage CLINs are cost-reimbursable.

SECTION C -- DESCRIPTIONS AND SPECIFICATIONS

C.1 INTRODUCTION AND BACKGROUND

This procurement is Open to Large and Small Businesses under the following NAICS Code: 488390.

The proposed Layberth facility shall be located on the East Coast of the United States.

This Solicitation is an Invitation for Bids (IFB) and it shall be conducted in line with FAR Part 14 (Sealed Bidding). The Response Due Time/Bid Opening Time is 11:00 Eastern Time on January 6, 2017.

The Maritime Administration (MARAD) requires services for the exclusive long-term safe layberthing for the CAPE MAY, a SEABEE-class RRF vessel, on the U.S. East Coast. Although the layberth is intended for the vessel identified in this solicitation, the Government may substitute a vessel of a similar size or smaller. A Memorandum of Agreement (MOA) between the Department of the Defense (DoD) and the Department of Transportation (DOT) establishes that, in consideration of the National Defense and the American Merchant Marine, a mutual interest and responsibility exists for the joint establishment, maintenance and control of a Ready Reserve Force (RRF), which is an element of the National Defense Reserve Fleet (NDRF). The ships of the RRF are maintained by MARAD in various states of readiness to meet common user lift requirements of the armed services in a contingency. The RRF consists of 46 vessels as of May, 2016.

C.2 DEFINITIONS

Alternative Mooring Arrangement: A mooring plan that uses a combination of fixed berthing structures and anchors to moor vessels to meet the heavy weather mooring standard.

Apron: An area adjacent to and extending the length of the berth used for vehicle passage, material staging, parking of vehicles engaged in maintenance, repair, delivery of parts, etc.

Berth: Any designated place where a vessel is secured including the dock and slip, usually indicated by a code or name.

Contract Start Date: The date the berth must meet the contract's requirement. It is 120 days after the Contract Award Date unless the parties agree to an earlier date.

Dock: The structure located within the layberth facility having the mooring hardware for vessels, synonymous with pier and wharf.

Full service port complex: A Port area with maritime services available, including but not limited to ship repair facilities, availability of around the clock pilotage, bunker supply and delivery services, and ship assist tugs as specified in section C.4.(C).

Heavy Weather Mooring Plan: An analysis consisting of drawings and mooring calculations that combines vessel characteristics, existing or additional mooring points, effects of wind direction, wind speed, tides and currents proving that the vessel(s) can be safely moored permanently at the proposed layberth up to the maximum weather and wind conditions specified for the layberth’s geographical area.

Layberth: A berth used by a vessel for an extended period of time.

Non-resilient fenders: Structures with an outer layer of High Impact Ultra High Molecular Weight (UHMW) instead of elastic material (rubber or plastics) placed along the pier face to cushion the vessel and prevent hull-plating damage.

Ramp: The primary vehicular access way onto a RO/RO vessel that is characterized by the location of entry (stern ramp/side-port ramp).

Resilient fenders: Structures with an outer layer of elastic material (rubber or plastics) placed along the pier face to cushion the vessel and prevent hull-plating damage.

Slip: The water area of the layberth adjacent to the dock where the vessel is maneuvered during arrivals and departures.

Ship Manager/General Agent: The MARAD’s contractor for a designated group of MARAD vessels that is responsible for ship operation, maintenance, and activation-readiness.

Vertical live loads: These are items moving or being caused to move over the dock.

Water level: The height of water above or below the datum reference point as predicted by local tide tables and affected by seasonal flooding or drought.

Working Area: The area of a dock adjacent to vessel to be used for deliveries, staging gear, and vehicle access.

C.3 STATUS OF VESSELS

(A) RRF vessels will normally be maintained in an idle status and will remain at the layberth site in all weather conditions, except to participate in a military exercise/operation, to conduct some repairs, or comply with periodic regulatory requirements. Ship activations and dock trials are expected to be conducted at the layberth.

(B) RRF vessels may have a reduced operating status crew onboard.

(C) The shipboard firefighting system may be inoperable.

(D) The cathodic protection systems will be energized.

(E) Interior house and engineering spaces may be dehumidified with ship's equipment.

(F) The mooring equipment will remain in operating condition. Mooring lines and wires will be provided by the Government or the Government's Ship Manager/General Agent for each vessel.

(G) The vessels may be used for cargo handling training and for other training purposes.

(H) The CAPE MAY, a SEABEE vessel, shall be moored starboard side to the layberth. The vessel may be nested if hull configuration between the inboard and outboard vessel provides for sufficient fendering and line placement.

(I) Ships shall be boomed or have oil booms available for deployment at all times. In circumstances where prevailing currents, tides, or vessel traffic preclude having booms continuously in place, the containment booms should be kept in readily deployable locations such as onboard or adjacent to the vessel. Booms are Government Furnished Equipment (GFE) provided to Ship Managers of outported ships. SOMO’s shall ensure services to deploy, maintain, adjust and replace booms as necessary and take appropriate actions to ensure funding is provided. Booms shall be deployed during fuel oil transfer and during ro/ro ramp operation and testing when there is the danger of a hydraulic oil leak. Area division business plans shall address funding for oil boom replacement as necessary.

C.4 BERTH REQUIREMENTS AND THE CONTRACTORS OBLIGATIONS

(A) The layberth Contractor shall bear all costs associated with obtaining and maintaining an acceptable safe layberth except as specifically identified. Some items are identified for emphasis only. An acceptable safe layberth shall meet the following minimum criteria and technical features:

1. The water depth, based on the National Oceanic and Atmospheric Administration (NOAA) chart datum for soundings, shall be at least four (4) feet greater than the estimated deep draft of the type of vessel to be located at the layberth (See Section J for ship dimensions). This depth shall be maintained throughout the length and breadth of the proposed layberth, including the area needed to pull the vessel(s) away from the layberth with tugs, plus the access route from the layberth to the navigational channel, extending outward to the sea buoy, or pilot station, whichever is farther. The water depth at the berth shall be validated by multi-beam echo soundings based on the NOAA chart datum for soundings, as specified in Section C.7, prior to commencement of the period of performance. If vessel(s), including MARAD’s vessels, are currently occupying the layberth, it is the Contractor's responsibility to move those vessels away from the berth to accomplish the initial multi-beam survey. Follow-on annual multi-beam surveys shall be conducted at the berth with results provided to the Contracting Officer. Surveys shall be scheduled to coincide with sea trials or during other periods when the berth is clear. If the Contractor is unable to schedule the annual multi-beam survey based on ship schedules, the Contracting Officer shall be notified in writing.

(a) The waterside of the layberth (e.g., slip) shall be of sufficient width to facilitate safe docking and undocking without interference to other shipping activities and shall be adequate to permit safe working room for tugboats, barges, lighters, and floating cranes. As a minimum, 75 feet extending outward from the vessel, or if nested, from the outboard vessel, shall be free and clear to provide safe working room.

The water depth of the 75-foot clearance beyond the outboard vessel shall be as follows: The first 50 feet outboard of the vessel shall be the same depth (as required in section C.4.(A)1) for maneuvering the ship away from the layberth or nested ship. The remaining 25 foot clearance shall be adequate to accommodate the depth of water required by service tugs for the local area, but no less than 20 feet based on the NOAA chart datum.

(b) Coordination with local Pilots and Docking Masters shall be maintained to determine local minimum requirements for docking and undocking. If the Local Pilots or Docking Masters determine that the requirements stated in C4.(A)1(a) are inadequate for normal ship movements, then the Contractor shall comply with the increased minimum water depth requirements as specified by Local Pilots and Docking Masters for docking/undocking and shall bear all expenses to increase the water depth.

(c) The Contractor shall ensure the removal of all underwater obstacles that create hazardous conditions to the vessel in the Contractor’s areas of responsibility prior to the vessel’s arrival on berth.

2. If the performance of normal maintenance to the layberth, including dredging, requires temporary movement of the vessel from the subject layberth, the Contractor shall bear all expenses incurred in moving the vessel including but not limited to tugs, pilotage and temporary layberth costs. Any temporary layberth used shall meet all the requirements of this contract. Should the Contractor be unable to offer an acceptable substitute layberth during such a maintenance period, the Government reserves the right to acquire and move the vessel to a temporary layberth of its choice at the Contractor's expense or to terminate the contract for default.

3. The proposed berthing facility shall be of sound structural design, construction and condition to support a heavy weather mooring plan in accordance with "MOORING SERVICE TYPE III" standards as identified in MIL-HDBK-1026/4. A draft heavy weather mooring plan with drawings shall be submitted no later than 14 calendar days after Contract award date. An approved mooring plan and drawings shall be submitted no later than 14 calendar days before the Contract Start Date.

(a) The layberth shall have a sufficient number of properly positioned and fastened mooring line fittings (bollards, bitts, cleats, etc.) to meet Mooring Service Type III requirements for the vessel(s) assigned (See Section J for ship dimensions and wind speeds by port). This requirement is modified by any other local requirements mandated by the cognizant USCG Captain Of The Port (COTP) that increases the required strength and shall be the responsibility of the Contractor for the duration of the contract.

(b) The heavy weather mooring plan and calculations shall demonstrate full compliance with all the relevant terms and conditions in this contract, showing that the vessel(s) can be safely moored permanently at the proposed layberth up to the maximum weather and wind conditions specified herein.

(c) When preparing mooring calculations, the combination of wind direction, wind speed, tides and currents shall be analyzed to determine the worst case scenario.

(d) The mooring lines and layberth mooring points shall be analyzed in accordance with NAVSEA Design Data Sheet, DDS 582-1, "CALCULATIONS FOR MOORING SYSTEMS". In performing this analysis, a minimum factor of safety of 2.5, based on the minimum calculated breaking strength for polyester or polyolefin line is required for all mooring lines subject to tension forces. OPTIMOOR software is an acceptable methodology.

(e) When calculating the safe working load of layberth mooring points, a minimum safety-factor of 5.0, based on the ultimate strength of the fitting is required. The Safe Working Load of all fittings on the layberth shall be identified on the required drawings that are submitted to the Government.

(f) The layberth Contractor shall ensure that the ships are moored in accordance with the heavy weather mooring plan. If the vessels are not moored in accordance with the approved mooring plan, the Contracting Officer or COTR shall be notified in writing as soon as this deficiency is discovered.

(g) US Coast Guard Captain of the Port must agree that the proposed use of the facility does not create a navigational hazard, or obstruction of navigational aids due to vessel air draft, nor are there any other waterway conflicts.

(h) All heavy weather mooring arrangements are subject to the approval of the U.S. Coast Guard Captain of the Port. The Contractor shall be responsible for any action to satisfy the U.S. Coast Guard Captain of the Port requirements for layberthing the vessel under the condition that these vessels are incapable of getting underway to sail out of the track of impending heavy weather due to their reduced operating status. The vessels are intended to stay at the layberth facility during heavy weather. The Contractor is responsible for any additional modifications to the facility and the vessel(s) required to meet and maintain the Coast Guard's approval requirements.

4. Mooring line fittings shall be sufficiently arranged to minimize the magnitude of ship motion, positioned to not result in excessively steep mooring line angles, and of sufficient size and design to hold the number of turns and/or eyes of ten (10) inch or less circumference mooring lines without chafing as called for in the heavy weather mooring plan.

5. If the CAPE MAY is layberthed along a river, the bow is to be pointing upriver or a continuous means of protecting the vessel rudder/propeller from striking debris floating downriver must be in place.

6. The facility, including but not limited to the layberth and associated structures, shall be well preserved and maintained at all times to ensure the proper level of safety and security for the vessel and the facility, the safe movement of the vessel and vehicular traffic within the facility, and the cleanliness of the layberth (e.g., free from garbage and debris).

8. The Contractor shall continually provide all resilient fenders of adequate construction, size, and number to safely resist the maximum anticipated loads based on the heavy weather mooring calculations from the approved heavy weather mooring plan specified in C.4.(A)(3).

(a) Resilient fenders between the dock and the vessel shall be provided to keep the vessel off the "hard" portion (e.g., wood, metal, concrete) of the dock face at all times. No hull contact with "hard" surfaces is acceptable. In lieu of resilient fenders, High Impact Ultra High Molecular Weight (UHMW) polyethylene, used as recommended by the manufacturer, is acceptable fender material between the ship and layberth.

(b) The maximum allowable pressure is 25 pounds per square inch (psi) against any portion of the vessel hull by fenders or other structures. The maximum horizontal distance between any two fendering points shall not be more than 100 feet. Ship's hull curvature/flare shall be analyzed carefully to determine proper fendering locations. Section J provides vessel information, estimated sail area, and data on the approximate parallel mid-body for use in calculations. Drawings are available by request

(c) After the vessel(s) arrives at the berth, the government will inspect to ensure proper fendering.

9. The dock shall meet the following minimum criteria:

(a) The deck shall have a paved concrete or asphalt surface in good condition.

(b) The dock shall be of sufficient strength and dimensions to facilitate the movements of an HS 20-44 truck or the largest local fire fighting vehicle, whichever is greater, to and from the locations identified for the applicable vessel. The width of dock apron shall safely accommodate the two-way passing of two HS 20-44 trucks or fire fighting vehicles whichever is greater. All mooring fittings shall be accessible by foot traffic, (e.g., line handlers). Mooring fittings requiring boat access will not be acceptable.

(c) The dock shall safely support vertical live loads as follows:

(i) Support uniform loading of 425 lbs. per square foot in all areas.

(ii) The dock shall support a point-load characterized by a small tire warehouse forklift with 4,000-lb load.

(iv) The dock shall support truck loading to include the heaviest local fire fighting vehicle used in fire fighting efforts and American Association of State Highways and Transportation Officials (AASHTO) standard HS 20-44 truck. Standard HS 20-44 can be found in the Standard Specification for Highway Bridges and is available at the following address:

AASHTO

444 N. Capitol St., N.W.

Suite 249 Washington, D.C. 20001

(202) 624-5800

10. The layberth shall not have any object that may present obstruction, protrusion or obstacle that may prove hazardous to the ship and/or personnel.

11. The dock shall be located sufficiently distant from areas where sand, grit, dust, bird droppings or other airborne or waterborne substances could hazard the material readiness of the ship's equipment or crew safety. If foreign material is deposited on these vessels, the Contractor shall be responsible for the cost of cleaning the vessel to the satisfaction of the Government. Persistent deposits of foreign material are cause for termination of this contract by default.

12. The Contractor shall prevent the ability of unauthorized personnel to access the layberthed vessels.

The Contractor shall have and implement a layberth facility security plan to accomplish this principally through the use and placement of fences and gates. Fencing to support the security plan shall be well-maintained. The layberth contractor is not responsible for providing security personnel. If the layberth is part of a larger facility, there shall be a security fence separating the layberth from the rest of the facility.

Perimeter fencing of the larger facility can be used for the layberth perimeter barrier for common fence lines.

(a) The security fence shall be of adequate height (minimum of eight (8) feet) and rimmed with razor or equivalent wire constructed around the berthing area to prevent unauthorized personnel from approaching the ship's hull and prevent unauthorized access to mooring fittings. The recommended distance is 100 feet; however any placement of the fences must take into account that a minimum of 35 feet is required to provide adequate room for two way traffic of HS 20-44 vehicles. Razor or equivalent wire shall also be used on all open side sections of the fence to prevent access around the fence. Perimeter fencing that runs over land to the water's edge shall extend eight (8) feet beyond the mean low water level. When fencing extends from the dock above the water, razor or equivalent wire will be placed on the edge and bottom of the fence.

(b) The fence shall have a gate of sufficient size to allow access of the size vehicles discussed in C.4.(A)(17). It shall have a lock with a card key/key code access system. The gate(s) shall be visible from the vessel. Card keys/access codes are to be provided to MARAD surveyors and appropriate crewmembers as determined by the ship manager.

(c) Fences and gates shall be properly maintained at all times. This includes, but is not limited to, ensuring that all fences, gates, and posts are free of rust, properly painted, vertically aligned and kept in a tear-free state (free from holes).

13. The Contractor shall ensure personnel and contractor access to (and security of) the facility to meet the requirements set forth below:

(a) Layberth and ship access shall be available at all times (including Contractor provided access between nested vessels) to facilitate training, crew boarding, cargo handling, ship husbanding, activations, and repair services required by the Government or its contractors.

(b) The Government/Ship Manager reserves the right to subcontract for ship repair and/or stevedore services of its own choosing for the purpose of performing work onboard, or associated with the vessel, at all times that the vessel is moored at the facility. Said contractors and subcontractors shall be provided with unencumbered access to the vessel (including support vehicles) including, but not limited to, access across any and all labor related picket lines. The ship's crew shall be permitted to load ship's stores and spare parts without the assessment of stevedore's fees.

14. The layberth and structures adjacent to the layberth shall not present a fire hazard to the vessel(s).

The lay berth shall be fire protected with an approved fire extinguishing system if built with a combustible material such as wood or equivalent.

15.The Contractor shall be responsible for, and bear all expenses associated with ensuring that there are properly paved and maintained access roads, (including bridges and tunnels if applicable) within the layberth facility. At all times during the term of this contract, access roads (including bridges and tunnels) shall not present obstructions nor restrict the safe access to the dock by personnel and vehicular traffic including all local firefighting vehicles and AASHTO HS 20-44 trucks.

16. The access roads and bridges shall have sufficient load bearing capacity and dimensions for AASHTO standard HS 20-44 truck traffic and the largest and heaviest local firefighting vehicles.

17. There shall be an adequately sized turn around area to enable AASHTO standard HS 20-44 trucks to turn around. The turn-around area shall be in close proximity to the dock apron so that such vehicles can turn around and back up to the dock or turn around before leaving via the access road.

18. Provide a paved, fenced, lit, and well-maintained parking area. There shall be at least 20 spaces for automobiles and/or small trucks for the ship. Parking spaces shall be clearly marked and be at least 10 feet wide and 20 feet long. The parking spaces shall not infringe on the access requirements defined in C.4. Lighting intensity shall be at least 1.0 foot-candles. It is recommended that the parking area be no closer than 100 feet to the vessel(s) and no farther than 500 feet from the vessel(s) but must meet the criteria identified in the sub-paragraph below.

(a) Does not require motorized transport between the parking area and the vessel.

(b) Does not require authorized personnel to pass through additional security check-points.

(c) Does not require crossing major traffic routes or if part of a larger facility does not require crossing inbound/outbound truck traffic lanes.

(d) Cannot be more than 1380 feet from the pier entrance point.

(e) Near-vessel parking does not prevent delivery by truck to the vessel, does not reduce or inhibit truck turnaround area, and does not inhibit, block, or otherwise obstruct the 2-way passage of emergency vehicles throughout the length of the layberth.

19. Road maintenance within the layberth facility shall be the responsibility of the Contractor. All access roads, roadways, and layberth shall be kept clear from snow, ice, debris, potholes and vegetation at all times.

20. Provide lighting of at least 1.0 Foot-candles on the layberth for its entire length and width to include all mooring points and parking areas to permit safe passage of personnel, line handlers, etc. Lighting is to be an automated system to come on prior to dusk and turn off after dawn.

21. Ensure that telephone communication with the facility operator and/or manager are available to the Government on a 24-hour a day, seven-day a week basis. The Contractor shall maintain telecopier/email capability (fax machine) in support of this requirement during normal working hours at the place of business.

22. The port must be navigable 24 hours a day under normal conditions.

23. Contractor shall have an Oil spill plan for their facility that is in accordance with the Clean Water Act.

24. There shall be an availability of first responders to include local fire-fighting, police and emergency resources for combating a vessel fire or other emergency at the layberth. All first responders shall be located within a 15-minute transit time of notification to the layberth.

(B) The following services shall be provided by the Contractor at the layberth:

1.Separate shore power outlets, connections and electric company metered services for each ship (including cables and attachment fittings approved by U.S. Coast Guard, American Bureau of Shipping, or equivalent) rated to meet the 3-phase/60hz electrical requirements identified in Section J to supply electric power for machinery tests, dehumidification equipment and cathodic protection. Electric service shall provide circuit breakers equipped with short circuit and overload protection on all three phases plus disconnects where county required, and when using single conductor cables, they must be of the same length, new and/or in good condition.

2.Three telephone lines and one high speed data line for each ship (including cables, attachment fittings, jack, and phones) shall be provided. Initial activation and ongoing service charges for all the lines shall be paid for by the Ship Manager/General Agent. Any additional lines requested by the Ship Manager/General Agent will be at their expense.

3. An industrial size dumpster (minimum size shall be 4.0 cubic yards), shall be located within 100 feet of the gangway base of each ship. Contractor shall have the dumpster emptied on a regular basis, not less than weekly.

4. Layberth potable water service with demonstrated pressure maintained at minimum of 40 PSI via a minimum of a two and one-half inch (2½ inch) line capable of a minimum requirement of 200,000 gallons per day (g.p.d.)

5. The dock shall have a suitable landing area to receive the vessel's accommodation ladder at any water level. If at any time it is determined by the Government that the platform is improperly positioned or of insufficient size, it is the Contractor's responsibility to resolve the problem at Contractor's expense. This would include fabricating and installing a separate and distinct gangway system, if determined necessary by the Government.

6. Provide direct sewage shore connection for vessel effluent discharge when required by law. The contractor shall furnish all hoses and fittings as required to properly connect to the vessel effluent discharge connection. All hoses, fittings and equipment utilized by the Contractor shall be in good material condition. The Contractor shall ensure that all effluent is handled and disposed of in accordance with applicable federal, state, and local laws and regulations.

7. The Contractor shall arrange for and provide regularly scheduled recycling pick-ups at its facility if not already being provided.

(a) The type of Container to be provided is based on availability of service at the contractor's facility.

Recycling containers should be picked up and/or emptied on a weekly basis or to the frequency available at the facility. The materials to be recycled are: glass, metal/Aluminum, paper, cardboard, plastics and construction steel (a steel bin need only be provided if it is available in the area where the facility is located). All costs for these services are reimbursable under the contract except for costs currently included in other refuse service charges and that all contractor handling costs and fees shall be included in the berthage per diem.

(b) Container size: Recycling containers need to be of sufficient size to accommodate the material generated by the vessel over the course of the pick-up cycle. Containers are measured in volume.

Container size will be determined by availability at each facility; 4 cubic yard (CY) and 95 Gallon capacity recycling bins have been identified as available sizes and it is estimated that one of either of these size bins per ship will be sufficient to start the service.

(C) Full Service Port Complex requirements:

The layberth shall be located in or near a full service port complex that has the following services available ( the full service port complex shall be located no farther than 15 nautical miles from the Contract's layberth):

1. There shall be at least 3 existing ship repair companies that in their normal course of business perform ship repair services for comparable ocean-going vessels. Company facilities shall be located within 30 miles driving distance from the layberth. The businesses must be on call 24 hours a day and provide services including but not limited to the following crafts: welders, machinists, boilermakers, pipe fitters, riggers, electricians, labor, and skilled trades. In addition, companies shall have timely access to all materials and tools customary to the business of ship repair and ship repair services.

2. There shall be pilot services available 24 hours a day and seven days a week to support individual or multiple simultaneous vessel movements.

3. There shall be tugs normally involved in commercial ship-assist/harbor movements capable of arriving at the vessels within 120 minutes of request for service. The normal "home" dock for each ship-assist tug shall be no more than 15 nautical miles via navigable waterways from the layberth site. There shall be adequate ship-assist harbor tugs to safely move all the vessel(s) under this layberth contract (while in a dead ship status) independently and simultaneously; this includes but is not limited to moving the ships to a safe anchorage, to another facility within the port complex, and maneuvering the ships within navigable turning basin and shipping channels.

4. There shall be commercial water-borne bunkering services for ocean-going vessel(s) within 24 nautical miles transit via navigable waterways of the layberth. The bunker loading facility shall be normally used for the purpose of loading bunker barges for ship fueling needs from shore based storage tanks.

5. There shall be oily waste disposal services and a U.S. Coast Guard recognized Oil Spill Response Organization within 2 hours waterborne transit via navigable waterways from the layberth.

C.5 CONTRACT PRICE

(A) The price shall include the cost of providing all items in Section C and H.4 except for items identified in Section C.6. Section C identifies specific items for which the Contractor must bear all costs. Certain items are specifically identified in Section C for emphasis only. Contractors must include all items in Section C (except Section C.6) and Section H.4 in the Layberthing CLINs including but not limited to:

1. A safe berth (including resilient fenders), adequate to provide a safe mooring.

2. Casualty, accident and liability insurance, as specified in Section H.4.

3. All handling charges and fees for reimbursable services.

4. Costs related to upgrading the offered facility and installing separate electric power lines, transformers, and meters. These include, but are not limited to: costs billed by power companies on a monthly basis or paid in a lump sum to cover the installation of power lines, transformers and meters, and costs incurred directly by the Contractor to install the power lines, transformers and meters.

(B) When vessels leave and return to the layberth, the prices for connecting and disconnecting power, telephones, water, and sewer are separate line items that are not part of the per-diem rate/Layberthing CLINs and are paid according to the rates specified under the Disconnect/connect CLINs.

C.6 REIMBURSABLE SERVICES

(A) Reimbursable services agreed to by the Government shall be paid by the Contractor and reimbursed by the Government.

(B) Electrical power that is consumed shall be measured on the local electric company's meter. The Government will order reimbursable electric power service from the Contractor if the Contractor obtains a commitment from the power company to exempt the layberth's electric service from taxes. In the event the Contractor is unable to obtain tax-free electrical services, the Government may at its discretion contract directly for the services or order the reimbursable electric power from the Contractor, notwithstanding the tax consequence.

(C) Water and sewage cost will be reimbursed by the Government based on the public utility bill.

(D) Trash removal will be reimbursed by the Government for services in excess of the requirements identified in C.4.(B) 3.

(E) Recycling services as identified in C.4.(B) 7.

C.7 SOUNDINGS

Any reference in this contract or solicitation to “Soundings” refers to this clause

The Contractor shall provide Multi-beam Echo type soundings prior to the start date of the contract. If the option year(s) is (are) exercised the Contractor shall provide soundings to the Government once each year. If movement of the vessel is required to conduct the initial survey, all costs associated with moving the vessels, including the cost of the temporary berth, shall be at the contractor's expense. If any deficiency is discovered in any of the soundings, the Contractor shall correct such deficiency and furnish the Government with the corrected soundings and the corrective steps taken; the Contractor shall bear the cost of correcting the said deficiency.

The soundings are to be taken with a Multi-beam Echo sounding system. Swath coverage between 89° to 181°, frequency between 159 - 461 kHz, and use of a differential Global Positioning System (GPS) for positioning. The use of vessel motion and sound velocity sensors must be utilized to maximize accuracy of the soundings. Soundings must be corrected to show depths at the NOAA chart datum and print-out must show bottom characteristics. Soundings of the entire length of the berth to 75 feet beyond the furthest outboard vessel must be shown. The soundings must be in a three dimensional, as well as a standard linear format.

These soundings are to be scheduled when the vessel(s) is (are) away from the berth and taken at a time agreed to between the Government and the Contractor, but not later than the Contract Start Date in the contract's base period and no later than 60 days after the start date of any option year exercised (if the multi-year alternate is awarded soundings must be performed within the first 60 days of start of the second and third program year). Soundings shall be submitted to the Government within two weeks of completion of the survey. The Contractor shall be solely responsible for any cost that is related to soundings.

SECTION D -- PACKAGING AND MARKING

N/A

SECTION E --INSPECTION AND ACCEPTANCE

E1. 52.252-2 Clauses Incorporated by Reference This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://acquisition.gov/far/current/html/FARTOCP52.html

Clause Title Date 52.246-05 Inspection of Services—Cost Reimbursement April 1984 52.246-04 Inspection Of Services- Fixed Price August 1996

E2. Delegation of Authority for Inspection and Acceptance The Contracting Officer’s Representative shall be delegated the responsibility and authority to conduct inspection and acceptance duties for this contract.

E3. Place of Inspection and Acceptance Inspection will be performed at the point of delivery set forth in Section F. Acceptance will be performed at the points of delivery set forth in Section F.

E4. Inspections

a. The Government or other persons authorized by the Government, at its expense, shall have the right to inspect at any time, upon reasonable notice to the Contractor, and to jointly survey the facility to ascertain its material condition and to perform other contract quality assurance functions as deemed necessary and appropriate by the Government. Inspections of layberth maintenance, preservation, cleanliness, records, technical documentation, and operating procedures shall be conducted from time to time to verify that accomplishment of services meet the requirements of this contract.

b. Except as specified in paragraph (c) below, no order, statement, or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

c. The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise granted in writing by him or included as part of this contract.

E.5. Final Acceptance Final acceptance of all services provided under this contract shall be made only upon certification of the Final Invoice as defined in the invoicing provisions contained in Section G. Such certification shall be made by the Contracting Officer or the designated representative.

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 LIQUIDATED DAMAGES

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $6,004.00 per calendar day of delay plus a lump sum amount of $22,700 per incident that requires the vessel to move for tugs, line handlers, agent contractor, manager, pilot and inspection services..

(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract.

F.2 PLACE OF PERFORMANCE

The vessel shall be layberthed on the US East Coast inclusive of all navigable waterways that can support the safe berthing and navigation of the size vessel identified. For potential sources located on inland waterways, the distance to open waters must not exceed 150 miles.

The specific location, name, and number of the berth for the vessel(s) at the contractor's facility are given below: (to be completed by bidder)

VESSEL: Cape MAY (5-year Bid Schedule)

BERTH ________________________

VESSEL: Cape MAY (10-year Bid Schedule)

BERTH ________________________

F. 3 MAILING ADDRESS

Bidders shall furnish the mailing address of every proposed layberth.

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF ADMINISTRATIVE CONTRACTING OFFICER

The Administrative Contracting Officer (ACO) shall be:

Nyron Cameron U.S. DOT/Maritime Administration, MAR-380 1200 New Jersey Avenue SE. W28-201 Washington, DC 20590

Email address: nyron.cameron@dot.gov Phone number: 202-366-1711

G.2 ACCOUNTING AND APPROPRIATION DATA

The appropriation data for this contract will be cited on task /delivery orders.

G.3 ADDRESS OF CORRESPONDENCE

All correspondence, except as otherwise specified, shall be directed to the Administrative Contracting Officer at the address given in paragraph G.1.

G.4 CONTRACTING OFFICER’S REPRESENTATIVE

a. The Contracting Officer’s Representative (COR) is responsible for the technical aspects of the project and technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports, and such other responsibilities as may be specified in the contract.

b. The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR.

No such changes shall be made without the expressed prior authorization of the Contracting Officer. The COR may designate assistant COR(s) to act for him/her by naming such assistant in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

c. The Contracting Officer shall appoint the OR by executing a COR Appointment Letter following contract award.

d. The COR may be changed by the Government at any time, but notification of the change, including the name and address of the successor COR, will be promptly provided to the Contractor by the Contracting Officer in writing.

G.5 INVOICE REQUIREMENTS

a. After the service has been actually rendered, the Contractor will submit a properly certified invoice. Invoices shall be submitted to the Government office designated in this contract or on the delivery order to receive invoices. Supplemental billings will be indicated as such and will indicate the original invoice number with numerical suffixes in ascending order, e.g., 120, 120-1, 120-2, etc.

b. Form and content of invoice:

(1) A separate invoice must be submitted for each contract.

(2) Property or services for which payment is to be made must be…