J-Attachments.pdf

SECTION J

LIST OF DOCUMENTS,

EXHIBITS, AND OTHER

ATTACHMENTS

Attachment J-2, Cost Reimbursables DRAFT SOLICITATION No. DTMA91R140002

When authorized by Task Order, in accordance with Section C.1.2.4 Description Phase Crew Reference Accident Testing IAW USCG regulations ALL BOTH 3.3.6.2, 5.4.4 Activation, mission & turbo, including crew wages, travel, vessel support services, technical representatives, stores, port services, minor repairs, and other industrial assistance required to activate the vessel IAW MARAD published rate

M BOTH 3.1.5 and 3.4.6.8

Ad Valorem for foreign repairs O FOS 3.3.9, 3.3.9.1 and 3.3.9.2

Agents fees, domestic and foreign ALL FOS 3.3.3, Section H Port Charges and Expenses

Layberthing and Shore Services includes: potable water, feed water, shore electrical power, shore steam, trash, and garbage removal, oily waste, removal, sewage removal, and line handlers if not government furnished

M ROS 8. and TE-10

Boiler water (rainmaker services) O FOS 2.4.3.2.4 and 3.4.6.8 Bunkering if not government furnished ALL BOTH 3.3.7 Cadet, maritime academy wages and travel ALL BOTH 5.6.8.3

Cadet, USDOL approved, or MARAD endorsed apprentice program travel ALL BOTH 5.6.8.1 and 5.6.8.3

Canal Fees O FOS 3.3.3.1, Section H Port Charges and Expenses

Charts and nautical publications ALL BOTH 3.1.6.6

Claims (maintenance and cure and administrative and legal support) ALL Both 5.5, 6.5.5 and Section J- 3a

Communications hardware, vessel unless government furnished M ROS 6.6.8

Communications, vessel including data transfer and official telephone calls, vessel

ALL BOTH

6.6.3, 6.6.10, 6.6.10.1.1, and 6.6.10.2.2

Consumables & Expendables (non-Phase M), except those items required to complete preventive maintenance included in fixed price per diem

O FOS

3.1.2.7 and 3.4.6.5.2

Containment boom deployment, adjusting, maintenance or removal and storage

M ROS 7.2.2.2

Crew lodging and subsistence when vessel is uninhabitable ALL BOTH

5.7.7 and 5.8.8.1

Crew Physicals, not to exceed 1 per year per ROS crewmember M ROS 5.4.7.3.1 Crew physicals, other, any ordered by Master; any in connection with Maintenance and Cure, O FOS 5.5 and Section J-3a

Crew repatriation travel for disciplinary discharge if crewmember was under articles (subject to reimbursement by crewmember if warranted)

O FOS

5.8.4.1

Crew Rotation travel on An Extended Voyage anticipated to be in excess of 180 days (phased crew rotation between 90 -120 days; use date of Activation notice as day zero)

O FOS

5.8.5.1

EXHIBITS, AND OTHER

ATTACHMENTS

Attachment J-2, Cost Reimbursables DRAFT SOLICITATION No. DTMA91R140002

Crew training, Government directed in accordance with Additional Training Requirements J-7 or as directed for new requirements (wages including overtime if course exceeds a 40 hour week or unless wages are covered elsewhere in the contract; tuition and materials, subsistence, lodging and travel)

M ROS

5.6.7.4.2 Crew travel to receive DOD-required inoculations ALL BOTH 5.4.6.5 Crew Travel, crew for Government directed actions such as travel to/from repair availability

ALL BOTH 5.7.6 and 5.8.8.1 Crew Travel, if FFD crewmember is unable to meet DOD operations specific inoculation requirements

ALL BOTH 5.4.7.3.3 and 5.8.6 Crew wages in excess of the allotted time for vessels returning to Phase M from Phase O.

O FOS 3.4.2.2.8.1

Crew wages, Reimbursement of up to one month's wages for crewmembers who depart the vessel because they are medically ineligible to receive required inoculations and meet the conditions of Section C5.4.7.3.

M ROS

5.8.6 Crew wages, Relief/Turnover. One day of wages in connection with ROS and FOS relief or turnover of senior officer: Master, Chief Mate, Chief Engineer or 1st Assistant Engineer

ALL BOTH

5.7.2.3.1 and 5.8.5.1.4

Crew, Additional Phase M: · To support emergency events including but not limited to acts of God (severe weather, earthquake, etc.), casualties while in ROS, security threats (increase to MARSEC level) · To prepare for and/or support training evolutions, Official guests, and MARAD directed promotional events · To supplement ROS crew to accomplish repairs as a best value solution

M ROS 5.7.2.4.1

Crew, Additional Phase O:

· To supplement contract mandated crew to support unique mission requirements or to accomplish emergency repairs (i.e. riding crews) subject to COR approval

O FOS

3.4.6.6, 5.8.2.2.2 and 5.8.3

Crew, FOS (wages, transportation cost to/from ship to join it) O FOS 5.8.8.1

Crew, Overtime Phase M: · To support emergency events including but not limited to acts of God (severe weather, earthquake, etc.), casualties while in ROS, security threats (increase to MARSEC level) · To prepare for and/or support training, Official guests, and MARAD directed promotional events

· To accomplish repairs as a best value solution

M ROS 5.7.4.2

Crew, Overtime Phase O: · For vessel operations (e.g., weekend watch standing, Holidays, CBA required overtime) · To prepare for and/or support in port cargo operations · To prepare for and/or support mission unique operations

· To prepare for and/or support training, Official guests, and MARAD directed promotional events · To respond to emergency events and casualties

O FOS 5.8

Customs fees, foreign O FOS 3.3.3, Section H Port Charges and Expenses

Deactivation, mission & turbo , including crew wages, travel, vessel support services, in-port services, and industrial assistance required to deactivate the vessel

ALL Both 3.4.6.1, 3.4.6.4 and 3.4.6.8

EXHIBITS, AND OTHER

ATTACHMENTS

Attachment J-2, Cost Reimbursables DRAFT SOLICITATION No. DTMA91R140002

Dock Trial elements beyond the fixed price dock trial components M ROS 2.4.2.4 and 2.4.2.5 Disposal of hazardous waste generated during repairs, if not included in subcontract

ALL Both 7.2.6.9.1 Disposal of oily waste (slops, gray water, sewage, or sewage sludge) ALL Both 7.2.6.9.1 Emergencies to protect life, limb or property All Both 5.7.7.4 and 5.7.4.4.1 Energy Conservation Projects M ROS 7.2.3 and 7.3.2 Environmental initiatives IAW the ABBP M ROS 7.2.3 and 7.2.3.4 Exclusion Zone Premiums O FOS 5.8.7.2 Extended Service Life (ESL) items IAW the ABBP M ROS 2.5.2 and 2.5.2.3 Feed Water/potable water O FOS 2.4.3.2.4 and 3.4.6.8 Fuel ALL BOTH 2.4.4.3.3 and 3.3.7.3 Interim Safety Management Certificate (SMC) and Full Term SMC ALL Both 7.1.1.2.3 Inventory, Special Government directed (beyond normal controlled equipage inventory)

M ROS 2.6.1.6

Layberth Safety (Any requirement to ensure safe mooring of the vessel while meeting regulatory body requirements that are not provided under the layberth)

M FOS 8.2.2

Layberth shift of vessel M ROS 8.5 Legal services approved in advance ALL BOTH 6.5.5 and Section G.7 Lubes ALL BOTH 2.4.4.3.3 Mail including express delivery services O FOS 3.3.6.8.3

Maintenance and repairs IAW the ABBP M ROS 2.5.1, 2.5.1.3, 2.5.2, 2.5.3 Medical evacuation, repatriation, unearned wages, treatment, transportation

O FOS 5.8.6 and Section J-3a

Medical Expenses including Hospital stay, burial expense; excess baggage O FOS 5.5 and Section J-3a

Medical On-call (also known as consulting or, advisory, or physician) Services O FOS 3.3.4.

Medical Supplies ALL FOS 1.2.3 and 3.1.2.7

Medical Treatment and transportation for Embarked Personnel (non-crew) O FOS 3.1.6.4.5 Military Personnel Embarked (support costs) O FOS 3.1.6.4.2 Oil Spill Prevention Kits and their replacement parts unless government furnished

ALL BOTH 3.3.7.5

Operation, mission, including crew wages, travel, consumables, technical representatives, spares, regulatory fees, industrial assistance, voyage repairs, administrative oversight, and other voyage costs required to operate the vessel commensurate with the anticipated voyage length

O FOS 3.3.1.

Operation, turbo, including crew wages, travel, consumables, technical representatives, spares, regulatory fees, industrial assistance, administrative oversight, and other voyage costs required to operate the vessel commensurate with the anticipated voyage length

O FOS

3.3.1 Outfitting of vessel(s) as approved by the COR O FOS 3.4.6.5.2

Pilots unless government furnished O FOS 3.3.3, Section H Port Charges and Expenses

Port costs O FOS 3.4.6.1, 3.4.6.6

Port Services unless government furnished ALL BOTH 3.3.3, Section H Port Charges and Expenses

Pre-fuel Testing ALL BOTH 3.3.7.3.1

EXHIBITS, AND OTHER

ATTACHMENTS

Attachment J-2, Cost Reimbursables DRAFT SOLICITATION No. DTMA91R140002

Regulatory fees associated with surveys and inspections IAW the ABBP M ROS 6.2.1, 7.1.1.2.3

Regulatory inspection costs, and industrial assistance as required to augment ROS crew capabilities including directly related subcontractor support, corrective actions and materials IAW the ABBP

M ROS 1.2.3, 2.4, 2.4.2.1.1,

6.2.1, 7.1.1.2.3

Repair items/parts IAW the ABBP M ROS 2.5.1.

Repatriation Costs O FOS 5.8.6.

Safety items IAW the ABBP ALL BOTH 1.2.3 Sea Trials (additional crew for Phase O, provisioning, transportation for crew, all COTR approved fees to conduct a sea trial plus Thermography, Vibration analysis, and Diesel Engineering Analysis)

M ROS

2.4.3

Security at layberth IAW the ABBP M ROS 7.3.5, 7.3.5.1

Security services heightened ALL BOTH 5.4.1.1.2, 5.7.4.4.3, 7.3.3.2, 7.3.5.1, 7.3.7.5.2

Services/Supplies IAW the ABBP M ROS 1.2.3

Shoreside staff travel

1. if activation/overhaul site is more than 50 miles from berth site.

2. to conduct pre-award surveys.

3. to attend MARAD directed orientations, conferences, or meetings.

4. to attend vessels shipyard repair availabilities.

5. to conduct pre-award surveys.

M 5.3.7

Transfer of vessel to new layberth M ROS 8 Trash Disposal IAW the ABBP for Ship Support if not government furnished under layberth contract

M ROS 8.4.1

Tugboats unless government furnished ALL BOTH 3.4.2.2.8.5, 8.2.2, 9.3.1.8, Upgrade items IAW the ABBP M ROS 2.5.3.

War Risk Bonuses as determined by the DOD O FOS 5.8.7.3 War Risk Insurance (aka Second Seaman's War Risk Insurance) additional premiums for exclusion areas only. Basic premium is included in fixed price per diem

O FOS 5.8.7.1.

NOTES:

1. Travel costs incurred by contractor personnel on official business related to this contract are reimbursable in accordance with the Federal Travel Regulations (FTR). Requests for reimbursement of actual costs incurred in excess of the FTR will be evaluated in accordance with FAR 31.205-46 “Travel Costs”.

2. Maintenance sea/dock trial costs are reimbursable when not otherwise covered under the fixed price.

EXHIBITS, AND OTHER

ATTACHMENTS

J.3a PROCESSING SEAFARER’S PERSONAL

INJURY/ILLNESS CLAIMS (SUPPLEMENT A)

DRAFT SOLICITATION

No. DTMA91R140002

J.3a Processing Seafarers’ Personal Injury/Illness Claims

Overview

Section 1. Documentation on Seafarers’ Initial Engagement

1.1 Determination of Fitness for Sea Duty

1.1.1 Standard Documentation of Seafarer’s Fitness for Sea Duty

1.2 Statement of Physical Condition

1.3 Release of Union Medical Records

1.4 Seafarer Data Sheet (Form 1001A)

1.5 Particulars of Engagement and Discharge (Form CG-705A)

1.6 Prior Illness and Injury Report

Section 2. Documentation of Seafarer Illnesses and Injuries

2.1 Required Logs

2.1.1 Medical Log

2.1.2 Official Logbook

2.2 Initial Report of Personal Illness or Injury

2.2.1 Examination by Medical Person-in-Charge (MPIC)

2.2.2 Statement of Individual Reporting Injury (Form MA-1001D)

2.3 Shore Side Medical Attention

2.4 Investigations of Serious Injuries

2.4.1 Investigating Officer’s Responsibilities

2.4.2 U.S. Coast Guard Forms 2692 and 2692B

2.4.3 Physical and Photographic Evidence

Section 3. Personal Injury Report Package

Section 4. Processing Seafarers’ Benefits

4.1 Traditional Seafarers’ Benefits

4.1.1. Maintenance and Cure

4.1.2. Unearned Wages

4.1.3. Repatriation Expenses and Other Miscellaneous Benefits/Expenses

EXHIBITS, AND OTHER

ATTACHMENTS

J.3a PROCESSING SEAFARER’S PERSONAL

INJURY/ILLNESS CLAIMS (SUPPLEMENT A)

4.2 Processing Payment of Traditional Seafarers’ Benefits

Section 5. Administrative Claims

5.1 Claim Procedure

5.1.1 What Additional Information May Be Provided to Expedite Claim Processing?

5.2 Processing Administrative Claims

5.2.1 Receipt and Acknowledgement of Submissions

5.2.1 Response to Improper Claim

5.2.2 Task Order and Calculation of Estimated Reserve Against Claim

Section 6. Claims Which Proceed to Litigation

Section 7. Ship Manager’s Quarterly Report

Appendix

EXHIBITS, AND OTHER

ATTACHMENTS

J.3a PROCESSING SEAFARER’S PERSONAL

INJURY/ILLNESS CLAIMS (SUPPLEMENT A)

Overview This attachment sets forth the responsibilities of the Ship Manager with respect to illness or injuries sustained by officers and crew members (“Seafarers”) when the possibility exists that they occurred while employed on vessels owned by the Maritime Administration (MARAD), United States Department of Transportation (DOT).

Section 1 describes the documentation and procedures that must be observed to collect a Seafarer’s medical history and other information on or before the date the Seafarer joins a vessel. Section 2 describes the procedures applicable in the event a Seafarer is injured or becomes ill and such illness or injury may have occurred while employed on the vessel. The documentation described in these sections must be compiled into a Personal Injury Report Package as set forth in Section 3. Section 4 outlines the process by which Ship Managers should pay ill or injured Seafarers certain traditional benefits to be reimbursed by MARAD. Section 5 describes the Ship Manager’s responsibility to assist MARAD in the processing of administrative claims filed by an ill or injured Seafarer, and Section 6 discusses the Ship Manager’s responsibilities with respect to claims that proceed to litigation. Finally, Ship Managers are required to provide a quarterly report of all incidents where a Seafarer is found not fit for duty (NFFD) for a period of at least twenty-four (24) contiguous hours, as set forth in Section 7.

Section 1. Documentation on Seafarers’ Initial Engagement In the event a Seafarer becomes ill or is injured and such illness or injury may have occurred while employed on a vessel, the Ship Manager must ensure that a complete Personal Injury Report Package (Section 3) is prepared and sent to MARAD within fourteen (14) calendar days after the ship manager knows of the occurrence. A complete Personal Injury Report Package must include, among other things, those medical records that are generated upon a Seafarer’s initial engagement. Accordingly, the Ship Manager must observe the following procedures and ensure that all documentation is properly maintained.

1.1 Determination of Fitness for Sea Duty

1.1.1 Standard Documentation of Seafarer’s Fitness for Sea Duty The Ship Manager shall ensure the Seafarer has, within the six (6) months preceding engagement, been examined by a licensed physician and found to be physically qualified and fit to perform the duties of the Seafarer’s assignment. Upon reporting aboard vessel, the Seafarer shall provide or otherwise make available for the Master's examination the following items and documentation:

(1) The union shipping slip, if the Seafarer is a member of a Seafarers’ union;

(2) A Merchant Mariner Physical Examination, documented on Form CG-719K (Exhibit 18), indicating the Seafarer is competent and fit for sea duty from a medical clinic sponsored by the Ship Manager, or

EXHIBITS, AND OTHER

ATTACHMENTS

J.3a PROCESSING SEAFARER’S PERSONAL

INJURY/ILLNESS CLAIMS (SUPPLEMENT A)

from the union of which the Seafarer is a member or from the Seafarer's personal physician, as provided by USCG NVIC 04-08, “Medical and Physical Evaluation Guidelines for Merchant Mariner Credentials”; and

(3) A certification from a medical clinic that the Seafarer has received all required immunizations/inoculations, as provided by Section C.5.4.6 of the Contract, or is medically eligible to receive such immunizations. Section C.5.5.1 allows submission of this certification by full operating status (FOS) crew members after reporting aboard vessel.

(4) At least two (2) pairs of any required prescription eye glasses (in addition to contact lenses, if worn);

(5) Records and prescriptions of any prescription medications as well as an adequate supply of same to cover the projected assignment period; and

(6) Immunization and medical records.

1.2 Statement of Physical Condition

The Ship Manager shall require the Seafarer to complete MARAD Form 1001B, “Seafarer’s Statement of Physical Condition” (Exhibit 3) as soon as practicable after the Seafarer joins the vessel to which assigned. This brief questionnaire requests the Seafarer to identify any medical conditions or symptoms of illness with which the Seafarer is or has been affected. By signing and dating this form, the Seafarer certifies that, to the best of the Seafarer’s knowledge, he or she is physically and mentally fit for sea duty. This form shall be completed notwithstanding the existence of any available report of pre-employment physical examination. A copy of the form will be sent to the Ship Manager’s crew personnel office and retained with appropriate safeguards. The original form is to be retained aboard the vessel for the duration of the Seafarer's shipboard employment.

Upon the termination of the Seafarer’s employment aboard the vessel, the completed form shall be forwarded to the Ship Manager’s home office.

At any point in time, including the day the Seafarer reports for duty, the Ship Manager may require the Seafarer to undergo examination by a licensed physician designated by the Ship Manager to ascertain the Seafarer's fitness to perform the duties associated with the shipboard rating to which assigned if a) the Seafarer’s Statement of Physical Condition indicates significant limitations, b) the Ship Manager has reason to believe at any point in time, including the day the Seafarer reports for duty, that the Seafarer has falsified any information regarding his or her current physical condition or medical history; or c) that the Seafarer is otherwise unfit to assume the duties of the Seafarer’s assignment. Charges for services provided by any physician, clinic or hospital in connection with such examination are to be paid by the Ship Manager as an expense to be reimbursed by MARAD. Any determination made by a physician with respect to the Seafarer’s

EXHIBITS, AND OTHER

ATTACHMENTS

J.3a PROCESSING SEAFARER’S PERSONAL

INJURY/ILLNESS CLAIMS (SUPPLEMENT A)

fitness for sea duty in no way abrogates any right of appeal the Seafarer may have through collective bargaining agreements or to seek redress through other forums.

1.3 Release of Union Medical Records

The Master must require the Seafarer to complete the “Release of Medical Records” Form (Exhibit 4) and forward that form to the Ship Manager’s crew personnel office. The Ship Manager shall obtain the medical records authorized by the release if the Seafarer is injured or becomes ill, or if the Ship Manager has reason to believe the Seafarer has falsified any information regarding his/her current physical condition or medical history or that the Seafarer is otherwise unfit to assume the duties of his/her assignment.

1.4 Seafarer Data Sheet (Form 1001A)

On the date of hire, the Seafarer shall provide information needed to complete MARAD Form 1001A, “Seafarer Data Sheet” (Exhibit 5), from the top of the form to the section titled "Voyage Employment Information." This information includes the Seafarer's name, Social Security Number, license number, physical description, date and place of birth, citizenship, residence address, place and date of last physical examination, and the name of the physician who administered the exam. The form also has space for the Seafarer to provide information regarding the name and address of next of kin. The Seafarer should also complete Form MA-269, “Designation or Change of Beneficiary for Second Seamen’s War Risk Insurance” (Exhibit 6). The Seafarer shall also execute the form titled RELEASE OF MEDICAL RECORDS (Exhibit 4).

1.5 Particulars of Engagement and Discharge (Form CG-705A)

In accordance with U.S. Coast Guard Navigation and Vessel Inspection Circular No. 1-86, “Shipment and Discharge of Seamen, ” the Ship Master must prepare USCG Form CG-705A, “Particulars of Engagement and Discharge” (Exhibit 7). At the time of the Seafarer’s engagement for a voyage the Master shall complete the following sections of the form:

(1) Voyage Employment Information;

(2) Seafarer's Identification and Acceptance of Employment; and

(3) Seafarer's Rate and Wage Information.

The form must be signed by both the Master and Seafarer. Upon the Seafarer's discharge from the voyage, the Master shall complete the section "Voyage Discharge and Release Information." Both the Master and Seafarer will sign and date the form. A copy of the form is to be retained aboard the vessel until such time as the voyage terminates or the articles expire, whichever occurs first. Upon the expiration of the voyage or articles of engagement the completed form shall be forwarded to the Ship Manager's home office.

EXHIBITS, AND OTHER

ATTACHMENTS

J.3a PROCESSING SEAFARER’S PERSONAL

INJURY/ILLNESS CLAIMS (SUPPLEMENT A)

1.6 Prior Illness and Injury Report

As soon as practicable following the Seafarer’s date of hire, the Ship Manager shall obtain a commercially available report regarding the Seafarer's employment history. This report should list and describe illnesses and injuries sustained by the Seafarer, as well as any incidents of disciplinary action reported to the ISO ClaimSearch database1 by the Seafarer’s past marine employers. If, by examination of any available documentation regarding the Seafarer's past and current medical condition, the Ship Manager determines that the Seafarer was found by a qualified physician to have sustained an illness or injury that results in a finding of permanent or partial disability, rendering the Seafarer unfit for shipboard duty, the Seafarer must be questioned regarding such finding and ordered to provide proof of rehabilitation sufficient to substantiate a finding of “Fit-For-Duty” (FFD). Absent such proof, the Seafarer’s employment must be immediately terminated.

If the data in this report of prior illnesses or injuries conflicts with the information provided in the Form “Seafarer’s Statement of Physical Condition” (1.2) or the medical records from the Seafarer’s pre-employment physical (1.1), the conflict should be investigated. If the investigation reveals that the Seafarer failed to accurately and fully complete the “Seafarer’s Statement of Physical Condition,” such failure shall be grounds for immediate termination, without pay and shall be reported to MARAD for possible prosecution under the False Statements Act.

Section 2. Documentation of Seafarer Illnesses and Injuries If a Seafarer becomes ill or is injured and such illness or injury may have occurred while employed on a vessel, the Ship Manager must ensure that a complete and accurate record is made of the cause and details of the illness or injury in the vessel’s logs (1.1). The Ship Manager must also prepare a complete Personal Injury Report Package (1.2).

1.1 Required Logs

1.1.1 Medical Log

The Ship Manager shall maintain a Medical Log aboard each vessel, with illness or injury complaints recorded therein, along with the date of occurrence. Recorded entries should describe the symptoms of the reported illness and/or explain the events causing the injury. A description of any medical treatment rendered aboard the vessel must be recorded. If it is necessary to relieve the Seafarer of his/her duties in order to have him/her seek medical attention ashore, this shall also be noted.

1 http://www.iso.com/Products/ISO-ClaimSearch/ISO-ClaimSearch-improve-claims-processing-and-prevent-fraud.html#menu http://www.iso.com/Products/ISO-ClaimSearch/ISO-ClaimSearch-improve-claims-processing-and-prevent-fraud.html#menu

EXHIBITS, AND OTHER

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J.3a PROCESSING SEAFARER’S PERSONAL

INJURY/ILLNESS CLAIMS (SUPPLEMENT A)

The Medical Log may consist of multiple volumes if necessary, but must be labeled “Part 1, Part 2, etc.,” as appropriate, and be consecutively paginated. For example, if the last page of “Part 1” is 78, the first page of “Part 2” must be 79.

The Medical Log must be signed daily by the Master and by the Medical Person-in-Charge (MPIC). The Master shall confirm with the ill or injured Seafarer's departmental supervisor that the Departmental Log also contains information to substantiate the reported illness or injury.

1.1.2 Official Logbook

The Ship Manager must ensure that the Master make all entries required by 46 U.S.C. § 11301 on the vessel’s Official Logbook supplied by the United States Coast Guard (USCG). These entries include, but are not limited to, the following:

(1) Each legal conviction of a seaman of the vessel and the punishment inflicted;

(2) Each offense committed by a seaman of the vessel for which it is intended to prosecute or to enforce under a forfeiture, together with statements about reading the entry and the reply made to the charge as required by 46 U.S.C. § 11502;

(3) Each offense for which punishment is inflicted on board and the punishment inflicted;

(4) A statement of the conduct, character, and qualifications of each seaman of the vessel or a statement that the master declines to give an opinion about that conduct, character, and qualifications;

(5) Each illness of or injury to a seaman of the vessel, the nature of the illness or injury, and the medical treatment;

(6) Each death on board, with the cause of death, and if a seaman, the information required by 46 U.S.C.

§ 10702;

(7) The name of each seaman who ceases to be a crewmember (except by death), with the place, time, manner, and the cause why the seaman ceased to be a crewmember;

(8) The wages due to a seaman who dies during the voyage and the gross amount of all deductions to be made from the wages;

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J.3a PROCESSING SEAFARER’S PERSONAL

INJURY/ILLNESS CLAIMS (SUPPLEMENT A)

(9) The sale of the property of a seaman who dies during the voyage, including a statement of each article sold and the amount received for the property; and

(10) When a marine casualty occurs, a statement about the casualty and the circumstances under which it occurred made immediately after the casualty when practicable to do so.

1.2 Initial Report of Personal Illness or Injury

1.2.1 Examination by Medical Person-in-Charge (MPIC)

Immediately following a Seafarer’s report of illness or injury for which the Seafarer seeks medical attention, the Seafarer shall be examined by the vessel's MPIC, who shall make appropriate entries into the vessel's Medical Log. If, in the estimation of the MPIC, the requirement to provide prompt and appropriate medical attention means that the Seafarer should be excused from duty for a period of at least twenty-four (24) hours or otherwise discharged from the vessel, or a medical professional finds the Seafarer medically Not Fit For Duty (NFFD) for a period of at least twenty-four (24) hours, the Seafarer's supervisor must complete Form MA- 1001C, “Initial Report of Personal Illness/Injury” (Exhibit 8). The Master must forward a copy of the completed “Initial Report of Personal Illness/Injury” to the Ship Manager’s home office at the earliest opportunity and by the most expeditious means. The Ship Manager must forward a copy of this form to the Office of Marine Insurance, MAR-730 within five (5) business days of receipt.

2.2.2 Statement of Individual Reporting Injury (Form MA-1001D) The Master must require the Seafarer, if able, to complete Form MA-1001D, “Statement of Individual Reporting Injury” (Exhibit 9) immediately following an accident or a request by the Seafarer for shore leave in order to seek medical attention due to alleged illness or injury. The Seafarer will detail the circumstances of the accident that caused the injury, and identify any person(s) who witnessed the accident or were known to be nearby the scene of the accident. If the Seafarer is removed from the vessel prior to completing this form, the Master shall be responsible for obtaining a completed form from the Seafarer as soon as possible.

1.3 Shore Side Medical Attention

If, in the opinion of the vessel's MPIC, it is in the best interest of the Seafarer and/or the vessel that the ill or injured Seafarer be attended by shore side medical personnel, the Master shall complete Form MA-1001E, “Master’s Report of Request for Medical Attention” (Exhibit 10). This form, when completed and signed by the Master, shall serve as authorization for the Seafarer to seek medical attention from qualified shore-based medical providers. If the severity of the Seafarer's illness or injury does not preclude it, the Seafarer shall also sign this form. By signing, the Seafarer authorizes MARAD to obtain any record(s) of treatment relating to the medical complaint described in the form. The Master, by his/her signature as representative of the Ship Manager, also obligates the Ship Manager to pay reasonable and customary charges billed by the dentist, EXHIBITS, AND OTHER

ATTACHMENTS

J.3a PROCESSING SEAFARER’S PERSONAL

INJURY/ILLNESS CLAIMS (SUPPLEMENT A)

physician, clinic, or hospital providing treatment. When and where practicable, the ill or injured Seafarer, when leaving the vessel to seek medical attention, should be accompanied by the vessel’s MPIC.

A copy of the “Master’s Report of Request for Medical Attention” must be retained aboard the vessel for the duration of the Seafarer’s employment aboard the vessel. If the ill or injured Seafarer is accompanied by the vessel’s MPIC or by a representative of the vessel’s agent, the MPIC or vessel’s agent shall provide the original of the “Master’s Report of Request for Medical Attention,” and request the attending dentist, physician, hospital or clinic complete Form MA-1001F, “Report of Attending Dentist/Physician.” (Exhibit 11) The attending dentist or physician shall indicate his or her diagnosis, findings and treatment, along with the Seafarer's current duty status, and then sign and date the form. The completed form shall be returned to the Master. If the Seafarer is accompanied by the vessel’s MPIC or agent, the MPIC/agent may return the completed form to the Master; however, the ultimate authority rests with the Seafarer to ensure that the Master is made aware of any finding or diagnosis and any recommendations regarding the Seafarer’s duty status. If the Seafarer is unaccompanied and following examination does not return to the vessel, the vessel's MPIC shall be made responsible for obtaining the completed “Report of Attending Dentist/Physician.”

Upon reviewing the completed “Report of Attending Dentist/Physician,” the Master shall make a determination as to the Seafarer’s duty status. In making such determination, the Master shall use the following guidelines:

• Fit for Duty (FFD): The Seafarer is able to safely perform the duties of his or her rating aboard vessel in the absence of medical care, without danger to his or her health, or the safety of the crew or vessel. A limited FFD cannot be given.

• Not Fit For Duty (NFFD): A NFFD status is issued when the Seafarer is unable to safely perform the duties of his or her rating aboard the vessel without danger to his or her health, the safety of the crew, or the vessel, in the absence of medical care. This condition is distinguished from Permanently Not Fit For Duty (PNFFD).

• Permanently Not Fit For Duty (PNFFD): A PNFFD is issued where the Seafarer is unable to perform the duties of his or her rating aboard a vessel because of medical, surgical or psychiatric condition for which, at this time, there is no effective treatment. The Seafarer is not expected to return to work aboard such a vessel because of the great danger to his or health, the safety of other crew members, and the vessel. This determination is not necessarily equivalent to a Permanent and Total Disability as defined by the Department of Health and Human Services (DHHS).

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1.4 Investigations of Serious Injuries

If the Master, after reviewing the findings of the attending dentist or physician with respect to the Seafarer's duty status, determines that the Seafarer’ will be NFFD for seventy-two (72) hours or more, or medical condition warrants the Seafarer’s discharge from the vessel in order to allow further medical evaluation/treatment, the incident shall be considered a “Serious Illness or Injury” and the Master shall direct that an investigation be undertaken as to the circumstances of the illness or injury.

2.4.1 Investigating Officer’s Responsibilities

The investigating officer shall complete Form MA-1001G, “Report of Investigation of Serious Illness/Injury” (Exhibit 12). Such investigation shall be undertaken and report completed within seventy-two (72) hours of onset of the Seafarer’s alleged injury or illness.

The investigating officer shall undertake to obtain statements from any person(s) identified by the Seafarer to be at or nearby the scene of the accident. The investigating officer shall request that each person so identified complete Form MA-1001H, “Statement of Witness To or Person Nearby Scene of Reported Accident” (Exhibit 13). The investigating officer should also undertake to obtain from every crew member who it is determined was, may have been, or should have been at or near the scene of the alleged injury, but who claims not to have been a witness to the incident, his or her signature attesting thereto on Form MA-1001I, “Statement of Non-Witness to Personal Injury Incident” (Exhibit 14).

2.4.2 U.S. Coast Guard Forms 2692 and 2692B

In the case of an accident that results in a Serious Illness or Injury that incapacitates the Seafarer for a period of seventy-two (72) hours or more, or results in the Seafarer's death, USCG Form 2692, “Report of Marine Accident, Injury or Death” (Exhibit 15) shall be completed, as well as USCG Form 2692B, “Report of Required Chemical Drug & Alcohol Testing Following a Serious Marine Incident.” (Exhibit 16) The latter report should be accompanied by the results of any drug or alcohol tests required by USCG. Questions regarding USCG Forms 2692 and 2692B may be directed to the Marine Safety Division of the USCG, Office of Marine Safety, Security and Environmental Protection.

2.4.3 Physical and Photographic Evidence

The Ship Manager shall document the investigation of an accident resulting in serious injury or death with still photographs and/or videotape. The investigating officer should, if possible, videotape and/or take photographs of the accident scene, and include, where available, any such videotape, developed photographs, or undeveloped film, in the Personal Injury Report Package as set forth in Section 3. The investigating officer also should collect and preserve any physical evidence discovered bearing on the accident or illness. Upon receipt, the photographs and/or videotape will be copied and the originals returned to the Ship Manager or its designated agent. Digital photographs should be provided, where available, to the Office of Marine Insurance

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(MAR-730) and the MARAD Office of Chief Counsel, Division of Litigation and General Law (MAR-221). The Ship Manager is required to assure that contemporaneous records are kept which identify the person(s) who took the photos/video and collected the physical evidence and the date(s) on which they were taken or collected.

If unable to videotape or otherwise take photographs of the accident scene, the investigating officer should undertake to include descriptive drawings or diagrams of the accident scene along with specifics as to the numbers and identification of the drawings/diagrams. Where the accident involved any vessel’s equipment, efforts should be made to preserve the equipment in the condition found at the time of the investigation, if, by doing so, the health and safety of the crew would not be endangered. If any repairs to the equipment were made subsequent to the alleged incident, a statement will be provided to this effect indicating the nature and extent of such repair.

Form MA-1001J, “Evidence List” (Exhibit 17), is suggested for identifying any drawings/diagrams, videotape, photographs, or physical evidence collected, as well as any piece(s) of vessel's equipment identified to be involved in the accident, if applicable.

Section 3. Personal Injury Report Package As soon as practicable after the occurrence of an illness or injury, the Master must prepare a Personal Injury Report Package and forward the Package to the home office of the Ship Manager. The Package is meant to serve as an official record of the incident, and to assist the Ship Manager and MARAD in the event an administrative claim is filed. The forms described in sections above have been developed to aid the Master in compiling the requisite information and are referenced in MARAD Form 1001, “Serious Illness/Injury Report Package” (Exhibit 2). Specifically, each Personal Injury Report Package should include, at a minimum, the following:

(1) MARAD Form 1001B, “Seafarer’s Statement of Physical Condition” (Section 1.2);

(2) “Release of Medical Records” Form (Section 1.3);

(3) MARAD Form 1001A, “Seafarer Data Sheet” (Section 1.4);

(4) USCG Form CG-705A, “Particulars of Engagement and Discharge” (Section 1.5);

(5) Copies of all medical log entries, official logbook entries, and departmental log entries, as described in Section 2.1;

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(6) Form MA-1001C, “Initial Report of Personal Illness/Injury,” if the Seafarer is NFFD for a period of at least twenty-four (24) hours (Section 2.2.1);

(7) Form MA-1001D, “Statement of Individual Reporting Injury” (Section 2.2.2); and

(8) Form MA-1001E, “Master’s Report of Request for Medical Attention” and Form MA-1001F, “Report of Attending Dentist/Physician,” if the Seafarer is examined by shore-side medical providers (Section 2.3).

If the Seafarer is determined NFFD for seventy-two (72) hours or more, or medical conditions warranted the Seafarer’s discharge from the vessel in order to allow further medical evaluation/treatment, the Personal Injury Report Package must also include:

(1) Form MA-1001G, “Report of Investigation of Serious Illness/Injury,” documenting the report undertaken pursuant to Section 2.4, and each completed Form MA-1001H, “Statement of Witness To or Person Nearby Scene of Reported Accident” or Form MA-1001I, “Statement of Non-Witness to Personal Injury Incident” (Section 2.4.1).

(2) USCG Form 2692, “Report of Marine Accident, Injury or Death” and USCG Form 2692B, “Report of Required Chemical Drug & Alcohol Testing Following a Serious Marine Incident,” together with the results of any drug or alcohol tests required by the USCG (Section 2.4.2); and

(3) Form MA-1001J, “Evidence List,” and all evidence reported thereon.

Section 4. Processing Seafarers’ Benefits

4.1 Traditional Seafarers’ Benefits

When a Seafarer becomes ill or is injured and such illness or injury may have occurred while employed on the vessel, generally a vessel owner is required, depending on the facts and circumstances of the illness or injury, to provide the affected Seafarer certain traditional benefits, if the determination is made that the Seafarer was employed on the vessel at the time of the illness or injury, without regard to whether there is any other liability due to negligence or unseaworthiness. These “Traditional Seafarers’ Benefits” are identified as maintenance and cure (4.1.1), unearned wages (4.1.2), and repatriation expenses and other miscellaneous benefits/expenses (4.1.3). Except in rare circumstances these benefits are due every injured or ill Seafarer, regardless of fault. The principles of general maritime law govern the payment of these benefits, including the

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limited circumstances when such benefits are not payable. Nothing contained in this agreement is intended to enlarge, expand or increase the Traditional Seafarers’ Benefits a Seafarer has under applicable admiralty law.

ROS seamen are not traditional seamen. ROS crew members work aboard a vessel that remains pier side. ROS seamen do not sign articles, are not subject to the perils of the sea, nor do ROS seamen have a specific duration of employment. Subject to the rights under their collective bargaining agreement, ROS seamen are at will employees. After working hours, when not living aboard the vessel, ROS seamen are not subject to the call of vessel. When the vessel goes to sea, these individuals cease to be ROS seamen. See Section 4.1.2.

Traditional Seafarers’ Benefits, as set forth below, must be paid promptly by the Ship Manager and allocated to the individual claim as an expense to be reimbursed by MARAD. Failure to promptly pay such expenses may result in an assessment of punitive damages in litigation. The Ship Manager shall be required to reimburse the United States any such assessment of punitive damages unless the Ship Manager received written approval by the Office of Marine Insurance (MAR-730), with the concurrence of the MARAD Office of Chief Counsel, Division of Litigation and General Law (MAR-221), not to pay these Traditional Seafarers’ Benefits.

4.1.1. Maintenance and Cure

Upon receipt of the report from an attending physician indicating that the Seafarer is NFFD, the Ship Manager must pay maintenance (at the rate established in the collective bargaining agreement (CBA) or memorandum of agreement (MOA) with the Seafarer’s union) and cure (hospital and medical expenses incurred by a U.S.

civilian or military hospital or other organization for the Seafarer’s care and treatment). Such payments should be made retroactively to the initial date the Seafarer is NFFD.

The Ship Manger should request further NFFD reports on a bi-weekly basis and must continue the payment of maintenance and cure until one of the following conditions are met:

(1) The Seafarer is FFD by the attending physician;

(2) The Seafarer is certified by the attending physician to have reached Maximum Medical Improvement; or

(3) The Ship Manager has been advised in writing to discontinue payment by MARAD Office of Chief Counsel, Division of Litigation and General Law (MAR-221) or the United States Department of Justice.

If a claim is in litigation (Section 6), the Ship Manager must inform MAR-221 if maintenance and cure payments are discontinued under (1) or (2), above.

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MARAD will not reimburse the Ship Manager or General Agent for payment of maintenance above the rate established in the CBA/MOA with the Seafarer’s union. If a Ship Manager or General Agent pays a higher rate that is an action outside this contract and not an obligation of the United States.

4.1.2. Unearned Wages

If a Seafarer’s service aboard the vessel has been interrupted by illness or injury, the Seafarer, depending on the terms of employment and admiralty law, may be entitled to receive those wages (exclusive of overtime wages) the Seafarer would have received if his or her service had not been interrupted. Vacation accrual and fringe benefits are considered part of unearned wages. Unearned wages cease upon the date the voyage ends, the date the Seafarer’s articles for the voyage expire, or the date the Seafarer is FFD and able to return to the voyage, whichever occurs first. Nothing contained in this agreement is intended to enlarge, expand or increase unearned wage benefits under applicable admiralty law. ROS seamen are not entitled to unearned wages; instead they are entitled to use sick leave accumulated under the terms of this contract and the applicable collective bargaining agreement.

4.1.3. Repatriation Expenses and Other Miscellaneous Benefits/Expenses

4.1.3.1 Repatriation Expenses

The Ship Manager shall pay all costs involved in returning an ill or injured Seafarer to that port in the United States that is expected to be the final voyage stop for the vessel. With the agreement of the Seafarer, the Seafarer may be returned to any other point in the United States, if it would result in less cost to the Ship Manager. In the event that the nature or severity of the Seafarer's illness and/or injury would make it difficult for the Seafarer to insure his or her own physical wellbeing while in transit, the Seafarer should be accompanied to their home of record by Ship Manager personnel or other appropriate medical personnel.

4.1.3.2 Burial Expenses

Expenses incurred by the United States military or other organizations in the nature of burial costs for the preparation and transportation of deceased merchant Seafarers should be paid and allocated to the individual claim as an expense to be reimbursed by MARAD. Upon a Seafarer’s death, the Master shall immediately contact the Ship Manager, who shall in turn attempt to contact the deceased’s next of kin indicated on the MARAD form titled “Seafarer Data Sheet,” or the Ship Manager’s equivalent. All reasonable efforts shall be made to comply with the wishes of the next of kin or beneficiary regarding the disposition of the body of the deceased.

If the applicable union agreement requires the return of a deceased Seafarer to the United States or the port of engagement, the reasonable costs incurred are payable. If the union agreement is silent on the return of a deceased Seafarer to the United States, but the next of kin desires the return, the reasonable costs incurred of preserving and returning the body to the United States are payable.

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If, after the body is returned to the United States, the Ship Manager is faced with paying additional burial expenses, such as for a suitable casket, shipping container, transportation, grave site, etc., such reasonable additional burial expenses as may be necessary to dispose of the body in keeping with the dignity of the United States Government, as vessel owner, are payable.

All reasonable burial costs incurred are to be charged to voyage expense.

4.1.3.3 Excess Baggage

In order to minimize the reimbursable expense of excess baggage fees, Masters and Port Agents are to be advised that a repatriated Seafarer may carry baggage up to the limits of the particular air ticket on which they are traveling. Unless otherwise provided in the collective bargaining agreement, any excess baggage carried will be at the Seafarer’s own expense. A reasonable amount of baggage in excess of the air ticket, however, must be returned to a port in the United States by the Seafarer’s vessel, without any charge to the Seafarer.

This baggage may be returned on another of the Ship Manager’s vessels with consent of that vessel’s Master.

In all cases, any baggage returned by vessel must be inventoried and receipt made for by the Master or his/her delegate. The Seafarer will be responsible for all costs associated with the storage and transport of such baggage from the port of discharge.

4.2 Processing Payment of Traditional Seafarers’ Benefits

If the Seafarer has not filed an administrative claim but has requested Traditional Seafarers’ Benefits, the Ship Manager shall estimate the amount of money necessary to satisfy the Traditional Seafarers’ Benefits and request a task order (TO) funded for the estimated amount.

Maintenance and cure expenses associated with an injury or illness shall be processed through the appropriate Funds Control Officer against a TO issued for such expenses.

Section 5. Administrative Claims A Seafarer that becomes ill or is injured while employed on the vessel has legal recourse against MARAD pursuant to the Suits in Admiralty Act when the injury or illness arose from incidents of negligence or unseaworthiness, subject to the terms and conditions of the Clarification Act, 50 U.S.C. App. § 1291(a) and the regulations promulgated thereunder. Ship Managers should be aware of the claim submission procedures in order to assist MARAD in the processing of any claims received. See 46 CFR Part 327.

All Ship Managers, in their dealings with claimants and their attorneys or other representatives, shall immediately make known the Government ownership of the vessel, as well as their status as Ship Manager and agent for MARAD, a Federal Agency of the United States. The purpose of such notification is to avoid confusion among claimants and their attorneys due to erroneous identification of the owner of the vessel.

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5.1 Claim Procedure

A Seafarer with a claim for losses consequent to an illness or injury is subject to terms and conditions of the Clarification Act, as implemented by Title 46, Code of Federal Regulations, Part 327. A Seafarer or his or her surviving dependents or beneficiaries, or their legal representatives, must submit an administrative claim to MARAD that complies with the requirements of this Part. To the extent that anything in this contract conflicts with Part 327, the regulation shall control. MARAD has sixty days from receipt of the complete claim to process the claim. These claims are governed by a two-year statute of limitations. The Ship Manager shall provide a copy of the claims regulations to any Seafarer wishing to pursue a claim for damages or other compensation.

5.1.1 What Additional Information May Be Provided to Expedite Claim Processing?

In order to ensure the efficient processing of an administrative claim, MARAD recommends that the Ship Manager make available the form “Seafarer’s Request for Administrative Allowance of Claim” (Exhibit 20).

The Ship Manager shall explain that completion of the claim on this form is not a legal requirement. Any writing that contains the required information can serve as a claim, but the use of this form may expedite the…