GTMO Port Services Contract TE 9 Special Conditions.docx

Technical Exhibit 9

Special Conditions for Guantanamo Bay, Cuba

1. Work Force

Due to the sensitive locale of U. S. Naval Station, Guantanamo Bay, Cuba (NSGB), foreign nationals from dissident political areas may be excluded and denied entry approval. In general, foreign nationals may be used. The Contractor agrees to dismiss from the site, when directed by the Commanding Officer, any individual whose continued employment is deemed to be contrary to the public interest or inconsistent with the best interest of the national security.

2. Entry Approval

No employee or representative of the Contractor will be admitted to NSGB without prior approval. The background of Contractor personnel will be screened prior to entry to NSGB. The Contractor shall submit the Department of the Navy Local Population Identification Card/Base Access Pass Registration (SECNAV Form 5512/1) to the Contracting Officer’s Representative (COR) and KO for processing. The SECNAV Form 5512/1 shall be received by the COR and KO 15 days prior to estimated arrival for U. S. citizens and no later than 60 days prior to estimated arrival for Third Country Nationals (TCNs) for processing. This requirement is current, however it is subject to change

3. Identification of Employees

The Contractor shall be responsible for furnishing to each employee and for requiring each employee to display such identification as may be approved and directed by the KO. Employees may be fingerprinted prior to employment as a condition of entry onto NSGB. Prescribed Government Identification cards shall be immediately delivered to the COR for cancellation upon release for any employee.

4. Management Personnel

The Contractor shall be responsible for furnishing the personnel required, with the necessary skills and qualifications, to perform the work as described. Additionally, the Contractor shall provide an individual on-site who is authorized to negotiate and financially commit change orders for the Contractor.

5. Storage of Materials

The Contractor shall store materials only in places where directed. No fire-hazardous materials or flammable liquids shall be stored or otherwise maintained within a building or structure, except as approved, in accordance with the local fire regulations.

6. Access Roads

The Contractor shall refrain from the use of roads, grounds or other facilities which have not been specifically authorized for their use.

7. Availability and Cost of Government Materials and Services

Availability and Cost of Government Materials and Services

The availability of Government materials, equipment, and services indicated in this PWS may vary subject to local supply priority requirements for operations and maintenance of the base. Non-availability will not be considered as an excusable delay. The cost of Government materials, equipment and services reflected in this specification are subject to fluctuation, revision, and adjustment. Changes in rates or prices for goods and services in the and following paragraphs shall not be used as a basis for a change to the contract. However, should the actual rate required to be paid by the Contractor vary by more than 15 percent from that specified, the contract price will be adjusted to reflect the amount by which the rate actually paid varies by more than 15 percent from that specified. Some materials and equipment may be furnished to the Contractor by the Government at current rates subject to 3 days advance notice in writing. Request shall be made to the COR. Equipment will not be available for long-term rental. Short-term equipment rental (1 to 2 days), one-time hauling service, and one-time crane service may be available if there is no conflict with Government workload. Government equipment will not be provided without Government operators.

8. Ocean Freight

The Contractor shall provide all stevedore services if using privately procured ocean going freight services including loading of freight, off-loading, and handling as required.

A. Vessels under contract with the Government

1. Schuyler Line Navigation Company, LLC. SCAC: SYLF

a. . For rates, bookings, cargo pick-up and delivery, schedule inquires contact:

Schuyler Line Navigation Co. (SYLF) 130 Severn Ave, Ste 201 Annapolis MD 21403, United States Tel: 410.216.9281 Fax: 410.216.6021 Email: cargo@schuylerline.com

b. Schuyler Line operates on a 14-day schedule. In addition to the liner schedule, they offer charter options for Heavy Lift, RoRo, and barge services.

c. Since these vessels are under Government contract, priority materials for Government agencies may delay receipt of Contractor's equipment and materials. The cost of containerization, shipping, on-loading, and off-loading, is at the Contractor's expense, and arrangements shall be made directly with the shipping company.

d. The ocean vessel Contractor is subject to change. If a change in Contractor should occur, the Government is not liable for any additional costs which may be incurred by the Contractor.

e. Container consolidation of cargo and documentation to Guantanamo Bay, Cuba is available through:

Schuyler Line Navigation Co.

c/o PORTUS 8998 Blount Island Blvd Jacksonville, FL 32226 Phone: (904) 751-1845

Schuyler Services Building 717 Bravo Wharf US Naval Station Guantanamo Bay Local: 74711 T-Mobile: 410.306.5326 Email: services@schuylerline.com

f. Schuyler Line Navigation Company LLC., the Government contracted schedule carrier, is available for use by the Contractor. The Contractor is under no obligation to use this carrier and may use others subject to the terms and conditions for this contact and U.S. Maritime Law.

B. Privately contracted vessels.

1. No ships or vessels may enter the Guantanamo Bay Defense Sea Area except as approved by the Commander, NSGB. Not less than 48 hours prior to departure of vessel from the port of embarkation, the Contractor shall furnish to the KO the following information:

2. Passenger and crew will be subject to Base regulations.

3. Commercial vessels will be permitted to discharge cargo at cargo docks to the extent possible.

4. The Contractor shall provide all stevedore services if using privately procured ocean going freight services including loading of freight, off-loading, and handling as required.

5. Government-furnished docking services will be provided upon request at current rates.

6. Marine Insurance: The Contractor shall furnish marine insurance as required.

9. Petroleum Products: Sale of Petroleum products is available to Contractor from the Navy Exchange (NEX) at prevailing local retail rates. Contact the NEX at (757) 458-4331 for more information.

Sales of petroleum products shall be made from NSGB Supply Department Stocks under special deposit procedures based on prevailing stock ledge prices. Current major petroleum product prices are as follows:

9.1 Computation of Price: The price to the Contractor will be computed as follows: The standard stock ledger price plus 2 percent surcharge.

9.2 Bulk Fuels: Only bulk fuels are available. Deliveries can be arranged through the Fuel Department of the NSGB Supply Department for tanker delivery to your equipment or day tanks. Regular filling station pumps at the Navy Exchange service station may be utilized by paying the current price at time of purchase.

10. Purchases from the Government

10.1 Sale of Government Supplies: Provisions and camp supplies other than petroleum products will be sold to the Contractor from NSGB Supply Department Stocks under special deposit procedures in compliance with Financial Management Regulations. Miscellaneous construction materials may be sold to the Contractor under the same procedure if such sales are not detrimental to the NSGB Supply Department stock position as determined by the NSGB Supply Officer. Material other than petroleum products will be issued as required, during normal working hours.