DTMA-92-Q-2011-0075 PWS.docx

DTMA-92-Q-2011-0075

JRRF – Towing Services

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT – Towing Services

1. This Contract requires tugs to provide harbor support services and ship handling for the Hampton Roads regions to include the James River Reserve Fleet at Fort Eustis, VA.

2. The following list, all-inclusive in neither scope nor description, is illustrative of the services to be performed under this Contract:

(a) Towing, twisting, mooring, berthing, docking, streaming, shifting, assisting, pulling, and escorting using those tug types identified in para 6 below may be required for towing of other tugs, barges, crafts, hulls, sleds, derricks, lighters, and objects of whatsoever nature including anything carried thereon. Government reserves the right to use Government-owned, controlled, or chartered tugs or tugs separately or jointly with contractor's tugs in the performance of any services listed in this Contract.

(b) Transfers of pilots and Government Personnel by Tug.

(c) Emergency support services, including responses to weather conditions threatening tugs, piers, dry-docks, or shore facilities; shipboard fires; tugs aground; tug equipment failures; downed aircraft; oil spills; missions of mercy; collisions; search-and-rescue operations; shipboard casualty; and National Defense Emergency

3. Routinely, the tug dispatch time will be agreed upon at the time of task order issuance. In an emergency situation, the Contractor shall dispatch the required tugs for transit to the service site within no more than the following notification times:

Normal Work Hours 0700-1700 local time, Monday through Friday, excluding federal holidays 1 hour

Outside Normal Work Hours 1701-0659 local time, Monday through Friday; 1701 Friday through 0659 Monday; all Federal holidays.

2 hours

NOTE: Contractors shall respond to emergencies with utmost dispatch. In all situations, the tug shall arrive at the towing location within five (5) hours of order issuance.

4. Orders will be issued at the awarded unit prices/hourly rates, defined as follows:

Standby Hourly Rate: Each job shall earn the Standby Rate, for the period during which the contractor places a specific tug at the contractor's normal berth in a reserve status for the exclusive use by the Government. The tug must be capable of responding within the notification time specified in the emergency paragraph. Standby time begins and ends as specified in the task order.

Operational Hourly Rate: Each job shall earn the Hourly Rate, pro-rated to the nearest quarter hour, beginning with the time when the tug either departs its home berth or leaves a prior job, the closer to the site of performance governing, to transit to the ordered site of performance. The Hourly Rate will continue to be earned until the tug either arrives at its home berth or at its next assignment, the closer location to the site of performance for the Government governing. This rate gives a rate for the provision of any type of work that the tug can perform and that is contemplated by this contract. This rate includes all of the following items: penalty time; fuel costs; bonuses; payments; emoluments payable to the Master, Officers and crew for services under this contract; the cost, if any, of transit to and from the location; and any other costs incurred in responding to the Government's order.

5. Within the geographical regions listed below, tug(s) may be ordered to any berth, dock, anchorage, wharf, place, open roadstead, or alongside any tug, barge, lighter, craft, hull, derrick, or object of whatsoever nature that the Government may direct, provided the Tug can lie always safely. Location will be specified at the time of task order issuance.

(a) Chesapeake Bay and surrounding regions.

(b) James River Reserve Fleet near Fort Eustis, VA

(c) Norfolk Naval Station, Norfolk International Terminal, Craney Island, Hospital Point, Lambert Point, Thimble Shoals

(d) Southern and Eastern Branches of the Elizabeth River and Norfolk Naval Shipyard

(e) Cheatham Annex and York River

(f) Cape Henry.

6. The tugs shall be in proper working order or any non-functioning equipment (e.g. generators , winches, radios, etc) will be communicated to the by COTR and approved before the tug arrives at the ordered location. The tugs under this contract shall have the following minimum characteristics:

Twin Screw with tow winch/gear

FLAG: USA

MAXIMUM DRAFT: 18 foot

SURFACE FENDERING: Clean and sufficient to prevent metal-to-metal contact with tugs surface

LINES: Serviceable and of sufficient strength and quantity for services performed under this contract.

WINCHES: In proper working order and sufficient for services performed under this contract

COMMUNICATION EQUIPMENT: Minimum required by the U.S.C.G. and FCC for inland and international waters. Capability to provide two-way communication on all VHF standard frequencies.

NAVIGATION EQUIPMENT: Minimum required by the U.S.C.G for inland and international waters.

INSPECTIONS/CERTIFICATIONS: Vessels shall be: a) inspected by the United States Coast Guard, b) classed by a Coast Guard recognized Classification Society, or c) have a safety management certification from an industry-recognized certification program (such as International Standards Organization (ISO) 9000 series certification, or the American Waterways Operators (AWO) Responsible Carrier Program). Vessels that do not meet the standards listed in (a), (b) or (c) above may submit evidence of equivalence, or demonstrate prior satisfactory completion of MARAD-contracted towing operations. Such submittals do not guarantee that work will be awarded. Tug specifications and Characteristics, as accepted by the Government at time of award, are incorporated by reference.

7. Substitution of tugs being provided may be authorized by the COTR, but only for good cause shown. Any tug nominated to be a substitute tug under this paragraph shall result in no additional cost to the Government, shall have substantially the same characteristics and shall be similarly fitted and otherwise equal or superior in performance to the tug for which it is being substituted. The use of the substituted tug shall result in no operational delay and shall not otherwise excuse any other performance required under this Contract.

8. The Government may cancel orders without charge by the Contractor provided notice is given to the Contracting 8 hours or more in advance of departure. If notice is given less than 8 hours in advance of departure, the Government will incur a charge equal to two hours at the "operational - ST" hourly rate.

9. Contractor shall provide adequate staff and communications to promptly respond to Government's requests for services under this Contract on a 24-hour-day basis. Each Tug shall have an efficient and legally sufficient complement of Tugmaster and crew with adequate training and experience in towage and operation of all of the Tug's equipment. Each Tugmaster and entire crew shall speak English fluently and possess valid and current certificates, licenses, and documents. Each Tugmaster and entire crew of the Tug shall be appointed or hired by the contractor and shall be deemed to be the servants and agents of the contractor at all times except as otherwise specified in this Contract. The Tugmaster of each Tug shall be under the direction of the Government as regards the employment of the Tug under a given order, but shall not be under Government's orders as regards navigation, care, and custody of the Tug.

10. Nothing herein contained shall be construed as creating a demise of the Tug to the Government, the contractor retaining complete and exclusive possession and control of the Tug and her navigation.

11. In all instances in which any tug being handled by contractor's Tug(s) sustains damage or is involved in any incident resulting in damage to tug(s) or property, or in bodily injury or death, contractor shall secure a report from the Tugmaster and Officer acting as pilot, or from any licensed pilot aboard the tug being handled. Contractor shall submit said report in triplicate to the Contracting Officer within twenty-four hours following said incident, reporting the facts, listing deaths, reporting the extent of damages or bodily injuries, and listing recommendations to prevent recurrence.

12. In performance of any mission while on-hire, the Contractor shall not make any claim for salvage. Any claim for salvage in contravention of this contract shall be for the government's account solely, and shall not in any way mitigate the Contractor's breach.