RFP N00033-09-R-2003.doc

Section B - Supplies or Services and Prices

SUPPLIES OR SERVICES AND PRICE

Section B - Supplies or Services and Prices

SECTION B PART 2

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.2 Charter Hire

B-2.1 Hire Rates Charter hire for services under this Charter Party shall be payable at the applicable rates stipulated in Boxes 18–20. Except as otherwise provided herein, said hire rates shall be considered payment in full for all services of the Vessel and Associated Equipment under this Charter including all overtime, penalty time, bonuses, payments, and emoluments payable to Master, Officers, and crew for services under this Charter, irrespective of the geographic scope of said service. Said hire rates are exclusive of the costs of fuel and port charges, which are addressed at Section H-15 (Fuel) and H-13 (Port Charges and Expenses) below, respectively.

B-2.2 Loss of Vessel Should the Vessel be either lost or missing, or become a constructive total loss, this Charter shall terminate and hire shall cease to be payable at the time of her loss or, if said time is unknown, at the time of the Vessel’s last received communication. If the Vessel should be off hire or missing when a payment of hire would otherwise be due, payment shall be made for all hire due for the charter period until the Vessel was lost or the last communication was received. Thereafter, payment shall be postponed until the off-hire period ceases or the safety of the Vessel is ascertained, as the case may be.

B-2.3 Contract Line Items (CLINS)

FOS FIXED PER DIEM

ROS DAYS FIXED PER DIEM

REIMBURSABLE EXPENSES

FOS FIXED PER DIEM

ROS DAYS FIXED PER DIEM

FOS FIXED PER DIEM

ROS DAYS FIXED PER DIEM

FOS FIXED PER DIEM

ROS DAYS FIXED PER DIEM

FOS FIXED PER DIEM

ROS DAYS FIXED PER DIEM

BOX FORMAT

Vessel(s):

B.3 BOXES

Owner, DUNS, CAGE, TIN (and TIN of parent, if applicable)

N00033-09-R-2003

3. Place / Range of Redelivery (Part IV(c)):

NAVSUPPACT, Panama City, Florida, USA or as mutually agreed upon

Canceling: As provided in individual Task Orders with 72 hours notice

Note: Laydays will be applicable with each call-out

6. Terms/Conditions/Attachments added, deleted or modified:

9. Amendments Acknowledged (amendment numbers and dates)

12. Remittance address for hire (if other than box 10)

13. - 17. RESERVED

PER DIEM RATES

FIRM PERIOD

FULL OPERATIONAL STATUS RATES

REDUCED OPERATIONAL STATUS RATE

18A.

USD per diem

20A.

USD per diem

FIRST OPTION PERIOD

FULL OPERATIONAL STATUS RATES

REDUCED OPERATIONAL STATUS RATE

18B.

USD per diem

20B.

USD per diem

SECOND OPTION PERIOD

FULL OPERATIONAL STATUS RATES

REDUCED OPERATIONAL STATUS RATE

18C.

USD per diem

20C.

USD per diem

THIRD OPTION PERIOD

FULL OPERATIONAL STATUS RATES

REDUCED OPERATIONAL STATUS RATE

18D.

USD per diem

20D.

USD per diem

FOURTH OPTION PERIOD

FULL OPERATIONAL STATUS RATES

REDUCED OPERATIONAL STATUS RATE

18E.

USD per diem

20E.

USD per diem

21. Indicate crewing arrangements during ROS

22. Other Costs:

LAYDAYS PROPOSED

GENERAL

25. Vessel type and, if applicable, MARAD design type:

a. (ft)

b. (m)

a. (ft)

b. (m)

a. (ft)

b. (m)

a. (ft)

b. (m)

a (LT)

b. (M)

a. (ft)

b. (m)

a. (hp)

b. (kW)

a. (hp)

b. (kW)

48. Classification society entered and class assigned:

No

GEAR

54. Number/location/SWL capacity of winches, derricks, booms, and cranes

CASUALTIES/DEFICIENCIES

55. Has vessel been involved in any serious grounding or collision within a period of twelve months from the submission date of this proposal? (include full description if "yes")

56. Are any deficiencies lodged by any regulatory body outstanding against the Vessel (include full description if "yes")

FUEL CONSUMPTION AT SERVICE SPEEDS

FUEL CONSUMPTION AT VARIABLE SPEEDS

63. Average fuel consumption (net bbls at 60 deg F for all grades and all engines/auxiliaries utilized while underway over moderate-weather passages

63A: Grades Consumed:

63 B. LADEN TO SUMMER MARKS

Knots

(NM)

Net bbls per mile Net bbls per day Operating

Range

01>

02>

03>

04>

05>

06>

07>

08>

09>

10>

11>

12>

13>

14>

15>

FUEL GRADE

64. Minimum vessel fuel specifications

Section C - Descriptions and Specifications

DESCRIPTION AND SPECIFICATIONS

Section C - Descriptions and Specifications

SECTION C

SECTION C – DESCRIPTIONS AND SPECIFICATIONS

DEFINITIONS AND ACRONYMS

AEL – Allowance Equipment List Alterations - Additions of equipment; changes to the configuration, location, type, or number of pieces of equipment or systems; changes in the arrangement and outfitting of Vessel’s structure.

Assisting – Movement of a tow, which is making use of, or which has available for use, her own propulsion Associated Equipment - Construed to include all Contractor-furnished or owned equipment necessary for performance under this Charter

ATO – Anti-Terrorism Officer (same as Vessel Security Officer and Force Protection Officer)

AT/FP – Anti-Terrorism/Force Protection Bbl - Barrel (42 U.S. gallons volume measure)

CAGE - Commercial and Governmental Entity Code (reference DFARS 252.204-7001)

CBR-D: Chemical, Biological and Radiological Defense CFE - Contractor-furnished equipment

Charter - This document when executed; interchangeable with “contract” and “Charter Party”

Charterer - The United States of America

Charter Party Date - Identified in Box 28 of SF-33

CHOP – Charterer’s Option

CMWWD: Counter Measures Water Wash Down System. Fixed system (or temporary using fire hoses attached to steel clips welded to vertical bulkheads or other structure). Using ship’s firemain system, when activated, provides 360 degree (ideally) sea water curtain protection, mitigating the effects of CBR attacks. Also used to wash contaminants from ship’s structure after a CBR attack.

COMSC - Commander, Military Sealift Command

COMSCINST - COMSC Instruction

Contracting Officer - Identified in Box 26 of SF-33

COR - Contracting Officer's Representative

Contractor - Interchangeable with “Owner”

Crew - Of the Vessel identified at Box 7

Decontamination Station: An area of the ship (near entrances from the weather decks) with features for crew decontamination.

DESC – Defense Energy Support Center

DFARS - Department of Defense Federal Acquisition Regulation Supplement (issued by the Department of Defense)

DOD - Department of Defense

DWT – Deadweight

EST – Embarked Security Team, normally 15-person force, U.S. Navy or other FAR - Federal Acquisition Regulation

FCC - Federal Communications Commission

Ft – feet

FPCON – Force Protection Condition FPCON NORMAL – This condition applies when a general global threat of possible terrorist activity exists and warrants a routine security posture. At a minimum, access control will be conducted at all DoD installations and facilities.

FPCON ALPHA - This condition is declared as a general warning of possible terrorist activity, the nature and extent of which is unpredictable, when the circumstances do not justify full implementation of the measures of FPCON BRAVO. However, it may be necessary to implement selected measures from FPCON BRAVO. The measures in this FPCON must be capable of being maintained indefinitely.

FPCON BRAVO - This condition is declared when there is an increased and more predictable threat of terrorist activity even though no particular target is identified. The measures of this FPCON must be capable of being maintained for weeks without causing undue hardship, without affecting operational capability and without aggravating relations with local authorities.

FPCON CHARLIE - This condition is declared when an incident occurs or when intelligence is received indicating that some form of terrorist action against installations or personnel is imminent. Implementation of this measure for more than short periods will probably create hardship and will affect peacetime activities of the installation and its personnel.

FPCON DELTA - This condition is declared when a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location is likely. Normally this FPCON is declared as a localized warning.

FP Officer (FPO) – same as Vessel Safety Officer/VSO and Anti-Terrorism Officer/ATO.

Full Operational Status (FOS) - Vessel manned and provisioned, all Associated Equipment operational, and Vessel prepared in all respects to perform her mission in accordance with this Charter, whether or not so ordered (see Section H-16 - Reduced Operational Status (Layup) below))

GFP - Government-furnished property (see FAR 52.245-2 below)

Government - The United States of America; interchangeable with “Charterer”

Government Designated Representative - Including, but not limited to, force protection personnel, military, Government employees, and Government Contractors hp – horsepower [1 hp equals 0.745799 kW] km – kilometers kPa – kilo Pascal [1 kPa equals 20.886 psf] kW - kilowatts [1 kW equals 1.34 horsepower (hp)]

LTON or LT - Long Ton (2,240 pounds weight) m – meter m3 – cubic meter

Master - Of the Vessel(s) identified in Box 7

MT – Measurement Ton (forty cubic feet, volume measurement)

Moderate Weather - Conditions up to sustained winds of Beaufort Force 5 and sea state 4 MSC - U.S. Department of the Navy, Military Sealift Command

MSFSC - U.S. Department of the Navy, Military Sealift Fleet Support Command

MSCHQ – Headquarters, Military Sealift Command, Washington, DC

NAPS - Navy Acquisition Procedures Supplement (issued by the Department of the Navy)

NM- Nautical Miles

NMCARS - Navy Marine Corps Acquisition Regulation Supplement Owner - That entity exercising commercial control of the Vessel(s) identified in Box 7; interchangeable with “Contractor” and “Offeror” and to include disponent owners and all the shipowner’s and disponent owner’s agents, employees, independent Contractors, Master, Officers, and crew.

P&I - Marine protection and indemnity insurance

Paying Office - Identified in Box 25 of SF-33

Place - Any berth, dock, anchorage, submarine line, alongside any Vessel or lighter or any other place whatsoever to which Charterer is entitled to direct the Vessel hereunder

Psf – Pounds per square foot (load measurement)

Psi - pounds per square inch (pressure measure)

Readiness - See Section H-6 below

Reduced Operational Status (ROS) - see Section H-16 below

RFP - Request for Proposals; interchangeable with solicitation

RHIB – Rigid Hull Inflatable Boat

ROS - Reduced operational status

SDWT - Deadweight capacity, to assigned summer mean draft

Speed – Derived by dividing the total hours at sea on any given sea passage (as show in the Vessel’s log)—after excluding any hours of non-moderate weather and any sea passage covered by an off-hire calculation—into the total miles at sea on the given sea passage.

STCW – Standards of Training, Certification and Watchkeeping

SWL - Safe Working Load t – Metric Ton (weight measurement)

TIN - Taxpayer Identification Number

USCG - United States Coast Guard

USD – U.S. Dollars

Vessel(s) - Identified at Box 7

VSO – Vessel Security Officer (same as ATO/Anti-Terrorism Officer and Force Protection Officer/FPO)

WOG - Without guaranty

C1. Scope of Work/Mission. The following paragraphs describe the general Scope of the Performance Work Statement.

C-1

MISSION:

The vessel shall serve as host/support ship for at-sea operations conducted by the Naval Surface Warfare Center Panama City (NSWC-PC). At-sea operations shall include deployment and recovery of inert mines and test instrumentation and objects, the tow of surface and submerged vehicles, housing and support of test data acquisition equipment and personnel, deployment and recovery of subsea equipment, Remote Operating Vehicle (ROV) operations, and on-station monitoring. The vessel will be required to follow computer generated track lines while towing sonar’s or other towed systems. The vessel will be required to accurately hold station while subsea equipment is deployed or recovered using the vessel’s crane from its stern. The vessel will be required to hold station while an ROV is being operated.

The vessel will operate 90% of the time in the Panama City, FL area, out 60 miles. From time to time it will be required to operate from Corpus Christi, Texas in the Gulf of Mexico to Richmond, Virginia in the Atlantic Ocean out two hundred miles. Operations in the Florida Keys, Bahamas, or other distant locations may also occur, but are not common.

C-2

VESSEL REQUIREMENTS:

C-2.1 RESERVED

C-2.2 RESERVED

C-2.3 Flag. The vessel must be a Jones Act qualified U.S.-flagged vessel.

C-2.4 Speed. Minimum 10 knots transit speed.

C-2.5 Endurance. Sustained underway capability to support operations for periods of up to ten (10) days. Vessel must be capable of 10 knots as minimum sustained speed.

C-2.6 Range. Minimum 1,200 miles at 10 knots.

C-2.7 Horsepower. No minimum horsepower requirement.

C-2.8 Station Keeping.

C-2.8.1 The vessel must have station-keeping ability during Remote Vehicle Operations (maintain position for 3 hours within 15 meters of launch point).

C-2.8.2 The vessel must be capable of holding station during ROV operations in a sea state 3 for at least 2 hours at a time.

C-2.8.3 The vessel must be capable of following a track line at 4 knots with a cross track error of + or – 3 meters in a sea state 3 while towing various sonar’s or arrays.

C-2.8.4 The vessel must be capable of launching a twenty-five foot RHIB safely.

C-2.9 Deck Equipment.

C-2.9.1:

Crane: A stern crane is required with a minimum reach capacity of 30 feet while lifting 5,000lbs SWL. The reach must extend at least 5 feet outboard of the stern of the ship. The crane will be operated by Contractors.

C-2.9.2: Winches: The Government will supply winches and capstans required for research. Standard deck equipment required for mooring, anchoring, warping and casting off are otherwise required to be provided by the Contractor.

C-2.9.3: Facilities: No specific work spaces or facilities are required on the vessels. The Government plans to be self-sufficient. In the event space / facilities are available, they may be utilized. The vessel must have the capability of installing pad eyes for securing test equipment to the deck. The Vessel must have an OSHA approved hazmat locker/cabinet. There Vessel must have an air-conditioned area on or near the ship’s bridge to install government supplied tracking equipment.

C-2.10 Fresh Water Requirement.

C-2.10.1 Vessel must supply 250 gallons daily on back deck for miscellaneous use, including but not limited to equipment wash down.

C-2.11 Communication/Navigation.

C-2.11.1 The vessel must have all required U.S Coast Guard and FCC approved navigation and communication equipment (i.e. HF Radio, VHF Radio for a vessel of its class).

C-2.11.2 The normal equipment for safe navigation is the responsibility of the Contractor.

C-2.11.3 The vessel must have an accurate fathometer that can be accessed and employed by the Government.

C-2.11.4 The vessel is required to have radar capable of at a minimum 30-mile range that can be used by Government personnel for the purpose of tracking sonar and other test equipment that will be deployed and towed from the vessel at considerable distances.

C-2.11.5 The vessel must have all Coast Guard approved navigation equipment.

C-2.11.6 The vessel must meet any additional regulatory communication requirements for a vessel of its class and size.

C-2.12 Electrical Power.

C-2.12.1 Vessel is required to provide 100 amp services for 110v, 208v and 480v electrical power on the stern of the vessel, and 110v electrical power in the house of the ship.

C-2.13 Crew.

C-2.13.1 All crewmembers must be US Citizens capable of obtaining a “secret clearance” as required.

C-2.13.2 Contractor Personnel: The Contractor shall provide a point of contact that shall be available to discuss work performed under this contract during the normal working day and periods of underway time.

C-2.13.3 It is essential that any vessel chartered as a result of this solicitation meet Section H-24, "Standards Of Appearance" and COMSC Instruction 3120.16 series "Standard of Appearance" (available upon request).

C-2.13.4 Conduct of Master, Officers, and Crew. If the Charterer shall have reason to be dissatisfied with the conduct of the Master, Officers, or crew, the Owner shall, on receiving particulars of the complaint from the Contracting Officer, investigate the matter and, if necessary, make a change in personnel.

C-2.13.5 The vessel will be crewed to safely and efficiently operate the vessel, operate deck equipment and small boats, and perform mission operations on a 24-hour basis as described herein. Additionally, crewing for voyages in accordance with USCG Subchapter I certification will be maintained throughout the charter period. Licensing, STCW endorsements, and documentation are required in accordance with U.S. Coast Guard regulations as applicable to the vessel’s type, size, class, and service. The Master, officers, and crew shall possess valid and current licenses, certificates, and documents for the capacity in which each is employed. At all times while underway, the Contractor shall have at least one shipboard employee aboard who has USCG recognized first aid and CPR certification within the past 12 months. All transportation costs for crewmembers shall be to the Contractor’s account.

C-2.14 Berthing and Port Services.

C-2.14.1 There will be normally 10 to 12 personnel onboard. No special berthing arrangements are required beyond providing male/female segregation. Curtained-off bunks are acceptable.

C-3 VESSEL CAPACITIES/DIMENSIONS

C-3.1 Capacities/Dimensions.

C-3.1.1 Open deck space: Minimum 120 ft in length with a beam of 30 ft to the stern. Minimum 80 ft by 25 ft of contiguous open deck space on the stern.

C-3.1.2 Government Furnished Equipment (GFE): The vessel must have sufficient deck strength to load and transport the GFE within the contiguous open deck space. The required GFE for an operation will be unique to that operation. Typically generators, instrumentation vans, and winches are required. The Government will on-load and secure the equipment. The vessel will be restored to original condition after each mobilization and demobilization. The GFE will be self-sufficient with respect to environmental conditioning and fuel and will be maintained/ operated by Government employees or government contractor. During missions the vessel’s crane will be the only equipment operated by the vessel’s crew. The vessel will be required to carry fifty various mine shaped ordnances (Inert or BLP type).

C-3.1.3 Government Furnished Equipment (GFE) Dimensions.

Weight: 300 lbs to 5,000 lbs. (including 4,000 lb recovery winch that will pull as much as 10,000 lbs) Dimensions: Smallest 3'x 2'x 3'; Largest 25'long x 30" diameter.

Shapes: Various shapes

C-4 ESTIMATED OPERATING SCENARIO

C-4.1 Task Orders: The Government will issue a task order for each requirement. The Contractor shall not perform work unless a verbal (confirmed in writing within 48 hours) or written authorization is obtained from the contracting officer.

C-4.2 Canceled Orders: Orders cancelled outside the required Delivery/Redelivery period as stated in the Statement of Work will incur no charge. Orders cancelled within the required notification period will incur a charge equal to (one) 1-day per diem FOS.

C-4.3 Minimum Performance Guarantee: Vessel will be employed by the Government a minimum of 65 days FOS and 50 days ROS.

C-4.4 Minimum Callout Notification: Vendor will be notified of a delivery order callout at least 72 hours prior to commencement.

C-4.5 Call-Out Period: There is no typical duration of support. Support requirements may be two (2) days or longer.

C-4.6 Pier Side Option Period: Program issues may arise which may necessitate that the vessel remain pier side for a period of time either prior to performing the mission or during performance. During these pier side layovers, the Government may place the vessel in Reduced Operating Status (ROS).

C-4.7 Periodicity: All requirements for support will be periodic (as tasked).

C-4.8 Port Operations: The Government will provide all port services unless otherwise required by project needs at other ports dictated by mission requirement that do not have a government facility. The government will reimburse the contractor if the government does not provide port services. The primary support point for the vessels is the berthing facilities at the Naval Support Activity (NAVSUPPACT), Panama City, Florida. The nominal depth at the berths is 20 ft. Shore power (480v / 240v 3 phase and 115v single phase), diesel fuel, potable water, and sewage/trash removal services are available.

C-4.9 Expected Operating Scenario:

C-4.9.1 Percent of time underway at 2 knots (loiter): 20%

C-4.9.2 Percent of time underway at 10 knots (transit): 20%

C-4.9.3 In port: 60%

C-4.9.4 A typical operation scenario requires the vessel to conduct the evolution underway, and return to the NAVSUPPACT to offload. Normally pier side load-out and offload are accomplished by the Government utilizing the crane support assets at the NAVSUPPACT during regular working hours. The nature of RDT&E missions often results in unexpected program delays. The majority of operations are daily where the vessel gets underway from the NAVSUPPACT in the morning and returns that afternoon. Deep water and remote operations, when the transit time is excessive, require the vessel to remain at-sea for the duration of the evolution, about 4 to 5 days or longer. While staying underway for 24 hrs, 18 hour workdays supporting NAVSUPPACT personnel are normal. It is approximately 7 NM from the NAVSUPPACT berthing facilities to the Gulf of Mexico. Consequently, at least a quarter of daily operations underway time will be transiting to and from the operation area. Transit speed is limited only by safe navigation requirements.

C-5 CERTIFICATIONS

C5.1 Facility Clearance: Inspected or certified as a research vessel by the Coast Guard, or classed by the American Bureau of Shipping.

C5.2 Ship Clearance: The Government will secure diplomatic clearances and operational area clearances when and where required.

C-6 OPERATIONAL RESPONSIBILITIES

C.6.1 The Master of the vessel shall be responsible at all times for the safety of the vessel and all on board. The Master of the vessel shall be responsible for meeting overall schedule requirements. The Master of the vessel shall be under the direction of the Senior Government Official with regards to the employment of the vessel, but shall not be under orders as regards safe navigation, care and custody of the vessel, and care and safety of equipment, gear, and persons onboard.

C 6.2 A healthy functional relationship between the Contractor personnel (officers and crew) and the Government is extremely critical. It is essential that the Master and Government appreciate their individual responsibilities and dependence upon each other for attainment of the overall objective. A cooperative partnership between the two entities must be maintained at all times. The attitude of the partnership developed between the two must extend to and be shared by all concerned. The Master and Government shall jointly prepare for all operations concerning the vessels.

C.6.3 Irreconcilable differences between shipboard personnel and the Government regarding operations or other matters arising under this charter shall be fully documented and reported, by letter, message, or E-mail as appropriate, to the Contracting Officer for resolution.

C 6.4 Lifesaving Equipment/Drills. The Contractor shall operate all lifesaving support systems in accordance with manufacturer’s instructions at the time intervals and frequencies as required. Lifesaving support systems include, but are not limited to life rafts, davits, winches, and boat engines. The Contractor shall conduct all regulatory drills required. Government personnel will participate in all regulatory drills.

C6.5 Hours of Operation. Following each final acceptance, the vessel will be operational 24 hours a day, 7 days a week, whether at sea or in port. As such the Contractor shall submit a manning plan illustrating the crew level to meet all mission/Government requirements including crewing requirements mandated by USCG under 46 CFR 90 (Subchapter I).

C-7 Deck Equipment Preservation.

C7.1 The Contractor shall ensure all deck equipment is maintained in a working condition at all times.

C-8 Operation of Systems.

C8.1 The Contractor shall operate all platform systems to provide main and auxiliary propulsion, navigation, maneuvering, deck operations, and services to the Government to support the mission equipment, unit’s hotel services, and emergency operations.

C-9 Food Service/Snacks/Laundry for Government Personnel.

C9.1 The Contractor shall provide three cafeteria style meals for Government/ Contractor personnel. Meals shall have the most reasonably attainable degree of quality, quantity and nutritional value given the limited facilities available. Meal times shall be adjusted as necessary to accommodate testing evolutions. The Contractor shall be responsible for collecting money due for meals directly from the Government rider. The Contractor shall not invoice the Government directly for any meals. The Contractor shall provide receipts to the Government riders for all meals served. The amount set forth should not exceed $30.00 per day per person which includes 3 meals, snacks and berthing for overnight trips. For daily trips the amount set forth should not exceed $7.00 per meal.

C-10 Tin-Free Delivery.

C10.1 Vessel shall deliver free of tin-based coating. Vessels requiring re-coating shall be stripped down to bare metal before repainting with suitable coating. Additionally, hulls requiring repainting shall be fleeted.

C-11

WARRANTY/DESCRIPTION OF VESSEL

C-11.1 General.

The Owner warrants that the Vessel performing under this Charter Party shall be in full conformity with the requirements of this Charter Party, from the time of delivery and thereafter during the currency of this Charter Party. In particular the Owner warrants that the Vessel is as described in Section B.3 boxes and Section C of this Charter Party and that the Vessel shall be under U.S. flag upon delivery (see DFARS 252.247-7025 at Section I concerning requirements for reflagging work in U.S. shipyards). Should any specification of the Owner in the contract be in excess of a required specification elsewhere in this contract; the Owner’s specification shall prevail over the required specification.

C-11.2 Regulatory Compliance.

The Owner warrants that the Vessel and all Associated Equipment shall be in full compliance with all applicable international conventions and all applicable laws, regulations, and other requirements of the nation of registry and of the nation(s) and local jurisdictions to whose port(s) and/or place(s) it is contemplated that the Vessel will be ordered hereunder. The Vessel shall be delivered and maintained in the highest class of a recognized classification society and be in compliance with all current safety, health, and pollution regulations promulgated by appropriate authorities, including the latest applicable IMO regulations. The Owner further warrants that the Vessel shall have on board all certificates, records, or other documents required by the aforesaid conventions, laws, regulations, and requirements, including a Certificate of Financial Responsibility meeting the requirements of the U.S. Coast Guard and promulgated pursuant to the U.S. Federal Water Pollution Control Act, as amended, and/or the Oil Pollution Act of 1990.

C-11.3 Complement.

The Owner warrants that the Vessel shall have an efficient and legally sufficient complement of Master, Officers, and crew with adequate training and experience in operation of all of the Vessel's equipment. The Master, Officers, and entire crew shall be U.S. citizens, speak English, and possess valid and current certificates, licenses, and documents. The Master, Officers, and crew of this Vessel shall be appointed or hired by the Owner and shall be deemed to be the servants and agents of the Owner at all times except as otherwise specified in this Charter. The Master of the Vessel shall be under the direction of the Charterer as regards the employment of the Vessel but shall not be under Charterer's orders as regards navigation, care, and custody of the Vessel.

C-12 Fuel and Speed Warranty.

C-12.1 Moderate Weather: Service Speeds. The Owner warrants that, unless otherwise ordered by the Charterer, the Vessel is capable of maintaining and shall maintain, throughout the currency of this Charter Party, the average speed in knots identified in Box 57 on any given moderate-weather passage from sea buoy to sea buoy while fully laden to summer marks. On any such passage as just described at the average speed identified in Box 57, daily fuel consumption in net barrels at 60 degrees Fahrenheit shall be at the average rate(s) identified in Boxes 59 and 61, for the grade(s)/viscosity(ies) therein identified to be consumed.

C-12.2 Moderate Weather: Variable Speeds. For periods during which the Charterer orders the Vessel to operate at speeds other than those identified in Box 57, the Owner warrants that the Vessel's total fuel consumption (including all auxiliaries) in net barrels at 60 degrees Fahrenheit at those ordered speeds in moderate weather shall be at the average rates identified in Box 63B for the stated speed, range, and load conditions for the grade(s)/viscosity(ies) therein identified to be consumed.

C-12.3 Auxiliaries. The Owner warrants that the Vessel's fuel consumption (underway/steaming/laden) in net barrels at 60 degrees Fahrenheit for all auxiliaries, in addition to any fuel consumption identified in Box 59, shall be at the average rate identified in Box 61 for the grades/viscosities therein identified to be consumed, regardless of speed or weather conditions.

C-12.4 Idle Periods. The Owner warrants that the Vessel's fuel consumption in net barrels at 60 degrees Fahrenheit during all periods at anchor or alongside berth shall be at the average rate identified in Box 62, for the grade(s)/viscosity(ies) therein identified to be consumed.

C-12.5 Contractor-Acquired Fuel. Open market commercial sources may be utilized only when Government sources are either not available or would cause the diversion or delay of the ship.

C-13 Other Compliances.

C-13.1 The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

C-14 Compliance with laws unique to Government contracts.

C-14.1 The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 327, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

C-15 Fuel Consumption.

C-15.1 Fuel Inventory and Consumption Report

A fuel oil inventory and consumption report shall be submitted monthly, at the end of each month, to the Contracting Officer’s Representative and other addresses as designated at contract award. The fuel oil inventory shall include the following information:

(a) Bunkers at the beginning of each month.

(b) Bunkers at the end of each month.

(c) Fuel received during the month and source, receipt, document number and date of receipt.

(d) Number of days during the month underway and fuel consumed while underway.

(e) Number of days in port during the month and fuel consumed while in port.

C-16

LOADING AND DISCHARGING (MSC 5252.247-9846 (AUG 2005))

C-16.1 General.

The whole reach and burden of the Vessel shall be at the disposal of the Charterer, reserving only proper and sufficient space for Vessel's Master, Officers, and crew, tackle, apparel, furniture, provisions, stores, and fuel. The Charterer shall have the use of all cargo handling equipment onboard and the Owner shall provide sufficient power to operate the entire Vessel's cargo handling equipment simultaneously. The Vessel shall work night and day, if required by the Charterer. The Charterer shall have the use of any special gear or fittings actually aboard the Vessel, although said gear or fittings are not required by this Charter. Any material required for securing cargo is to be furnished by the Charterer and for its account, but the Charterer may have the free use of any lashings aboard the Vessel. The Charterer will be responsible for the replacement of lashing gear damaged by the Charterer or its servants. Such replacement shall be as original or equivalent.

C-16.2 Charterer's Responsibility.

The Charterer shall load, stow, trim, secure, and discharge the cargo, all in compliance with applicable laws and regulations and the permit/waiver requirements thereunder; notwithstanding, however, that the Master shall supervise and be responsible for such actions as they concern the seaworthiness and stability of the Vessel. Upon request of Charterer, Owner shall arrange for stevedoring services at ports visited under this Charter, with reimbursement for all necessary and reasonable agency fees, all reasonable costs of loading and/or discharging, and port charges in accordance with Section (H-13) (Port Charges and Expenses) below.

C-16.3 Stevedore Damage.

The Charterer is to be responsible for any physical damage done to the Vessel by Charterer stevedores on loading and/or discharging only if such damage is occasioned by negligence, breach of warranty or breach of contract and the Master advises Charterer, or Charterer's representatives, in writing, within 24 hours after occurrence of the specific damage and the Master further notifies the parties who have caused this damage, in writing, and endeavors to obtain their admission of liability. As soon as practicable after such damage is sustained, the Owner is to have an independent survey made to define and estimate the damage; a written copy of the survey report is to be promptly forwarded to the Charterer. All claims are to be settled directly between the Owner and the stevedores, with the Charterer being ultimately responsible.

C-16.4 Safety in Loading and Discharging Cargo.

The Owner shall be knowledgeable of the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., as amended, and to the standards promulgated thereunder by the Secretary of Labor.

C-17 Government Furnished Property.

C-17.1 All GFP shall be carried at the Charterer's risk.

C-18 Systems.

C-18.1 Automated External Defibrillator (AED)

The Contractor shall provide at least one Automated External Defibrillator (AED) unit. All AEDs must be FDA approved and be suitable for shipboard use. The Vessel's Medical Department Representative shall be trained to operate and maintain the AED.

The Contractor shall provide sufficient AEDs, stored in a location ready for use, to ensure that response time to shipboard medical emergencies does not exceed five minutes from any location on the Vessel. AEDs shall be stored in a location that is accessible to trained rescuers.

Section D - Packaging and Marking

Section D - Packaging and Marking

SECTION D

SECTION D - PACKAGING AND MARKING

D-1

PACKING - COMMERCIAL FOR DOMESTIC SHIPMENT

Material shall be packed for shipment in such a manner that will insure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification Rules or regulations of other carriers as applicable to the mode of transportation.

D-2

PACKING MATERIAL

The use of shredded paper, whether newspaper, office scrap, computer sheets, or wax paper in packing material for shipment to Navy activities is prohibited.

D-3

MARKINGS OF SHIPMENTS

Classified material shall be prepared for shipment in accordance with the Industrial Security Manual, DoD 5220.22M. Outer containers shall not disclose the name of classified matter contained within the envelope or package, even though the name itself may not be classified. If it is necessary that the outer container include or have attached thereto a list of the contents, unclassified code numbers of generic terms shall be used which will not disclose the specific contents. The Contractor shall mark all shipments under this contract in accordance with the edition of MIL-STD129, “Marking for Shipments and Storage” in effect on the date of the solicitation.

Section E - Inspection and Acceptance

Section E - Inspection and Acceptance

SECTION E

SECTION E – INSPECTION AND ACCEPTANCE

E-1

INSPECTION (TIME)

E-1.1 General The Vessel(s) and Associated Equipment shall be subject to the Government's inspection as to suitability for the required service prior to delivery and subject to subsequent inspections at any time during the currency of this Charter to determine continuing suitability for the required service as well as to determine whether the material condition of the Vessel(s) and Associated Equipment will prevent effective operation during basic and optional periods (if any) of this Charter. Such inspections may include but not be limited to:

A. Condition and operability of all cargo handling gear including standing and running rigging, cranes, davits, booms, gantries, and status of regulatory body inspections of same;

B. Condition and operability of navigation, communication, and environmental-protection equipment and existence of appropriate technical manuals and onboard spares;

C. Condition (tightness and preservation) of hull, deck plating, superstructure, divisional bulkheads and the operability of ground tackle;

D. General material condition and maintenance of the Vessel(s) and holds and tanks;

E. Condition, operability, and certification of required safety and firefighting equipment;

F. Operability and safety of engineering spaces and equipment;

G. Bunker survey;

H. Condition of all equipment required under this Charter

E-1.2 Government Survey. The Government further reserves the right to have the Vessel(s) surveyed at any time by an independent surveyor.

E-1.3 No Cost Cancellation-Deficiencies If in the opinion of the Government Inspector or independent surveyor deficiencies exist that preclude the adequacy of the Vessel(s) for the assigned service, a notice for correction will be issued. In the event that the stated deficiencies are not corrected in a reasonable period of time and in the opinion of the Contracting Officer (based upon the recommendation of the Government Inspector and/or the independent surveyor) the Vessel(s) is inadequate for the intended service or unable to operate for the remaining period of the Charter as a result of these deficiencies, the Government reserves the right to cancel this Charter at no cost to the Government at any time during its term or to take any other action available under this Charter or authorized by law.

E-1.4 The Vessel horsepower identified in Boxes 44 and 45 shall, if required by the Contracting Officer, be verified by an independent surveyor approved by the Government, at owner’s expense.

E-2 PREDELIVERY INSPECTION A predelivery inspection of the Vessel may be held at Charterer's option upon the request of the Owner; such inspection shall be of an advisory nature only. At any such inspection, any representation of a Government representative present, or lack thereof, shall not be binding on the Charterer. This inspection shall be conducted, if possible, in a shipyard and on a date mutually agreeable to the Owner and the Government. The Owner will be advised of the condition of the Vessel and Associated Equipment as found by the Inspector. This predelivery procedure is to enable the Owner to correct any deficiencies discovered before the delivery inspection. The results of any predelivery inspection under this Article shall further be without prejudice to any later determinations that the Vessel or its Associated Equipment are unsuitable under this Charter Party, whether made at the delivery inspection or at any time during the currency of the charter period including options if exercised.

E-3

RESERVED

E-4

EXCUSABLE DELAYS/EXCEPTIONS (MSC 5252.247-9827 (AUG 2005))

E-4.1 Excepted events Neither the Vessel, her Master, the Owner, nor the Charterer shall, unless otherwise in this Charter Party expressly provided, be responsible for any loss or damage or delay or failure in performing hereunder arising or resulting from any act of God; act of public enemies, pirates, or assailing thieves; arrest or restraint of princes, rulers, or people; seizure under legal process provided bond is promptly furnished to release the Vessel; flood; fire; blockade; riot, insurrection, or civil commotion; earthquake; or explosion. The Vessel shall have the liberty to sail with or without pilots, to tow and to be towed, to assist Vessels in distress, and to deviate for the purpose of saving life or property, or to go into dry dock or into ways with or without cargo, passengers or other personnel, as applicable, on board.

E-4.2 Reservation The exceptions identified in E-4.1 above shall not be such as affect Owner's warranties respecting the condition of the Vessel, or the Owner's obligations respecting the loading, handling, stowage, carriage, custody, care, and discharge of the cargo. Defaults of subContractors at any tier or the Owner’s failure to perform due to a labor disruption, labor dispute, or strike shall not constitute excepted events under E-4.1.

E-4.3 Notification The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

E-5

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 his designated representative.

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

Section F - Deliveries or Performance

SECTION F

SECTION F – DELIVERIES OR PERFORMANCE

F-1 LAYDAYS The Vessel and all Associated Equipment shall be delivered to the Charterer at a port or place in accordance with Box 2, not later than 1000 hours local time at place of delivery on the cancelling date as provided in the applicable Task Order (unless otherwise specified in the individual Task Order), the Owner giving written notice of readiness during office hours to the appropriate Government representative at the port or place of delivery on a working day (Saturdays, Sundays, or other recognized weekly days of rest, U.S. Government holidays, and holidays observed at the delivery port, whether national or local, shall not be considered working days). Government inspection of the Vessel shall be completed within a reasonable amount of time thereafter, not exceeding twenty-four (24) hours after proper tender of the notice of readiness, (Saturdays, Sundays, or other recognized weekly days of rest, U.S. Government holidays, and holidays observed at the delivery port, whether national or local, excepted in the computation of said twenty-four hour period). Hire shall commence upon acceptance of the Vessel by the Charterer but not before the commencing date stated in the applicable Task Order, unless approved in writing in advance by the Contracting Officer. The Charterer shall have the liberty to cancel the applicable Task Order at no cost to the Government should the Vessel or Associated Equipment not be ready in accordance with the provisions hereof by the canceling date stated in the applicable Task Order, said cancellation to be declared not later than twenty-four (24) hours after 1000 hours local time at place of delivery on the canceling date stated in the applicable Task Order, should the Vessel not be ready by that time (unless otherwise specified in the individual Task Order). This paragraph shall not limit any right of the Government under this Charter Party or any right to take any other action authorized by law.

F-2 CONDITION The Vessel and all Associated Equipment shall be, insofar as due diligence can make them so, seaworthy, properly and efficiently manned and trained, equipped, supplied, and in every way suitable and adequately fitted for and in all respects ready for the service contemplated under this Charter Party. Any Associated Equipment shall upon delivery be as described in this Charter Party and all cargo-handling equipment shall be rigged, secured, and operable. The Owner shall exercise due diligence to maintain the Vessel and Associated Equipment in such state during the period of this Charter Party.

F-3 VESSEL(S) REDELIVERY Unless lost, the Vessel shall be redelivered at a port or place in accordance with Box 3. The Charterer shall give the Owner no less than one (1) day’s notice of expected date and range of redelivery, and of actual port or place of redelivery. Redelivery notice shall not impair the Charterer’s right to exercise any options under this Charter.

F-4 VESSEL SAFETY

F-4.1 Safety The Charterer shall exercise due diligence to order the Vessel to safe berths or places (or alongside vessels or lighters reachable on her arrival and designated/procured by the Charterer) that the Vessel can approach, lie at, and depart from always accessible, always afloat. The Charterer shall not, however, be deemed to warrant the safety of any berth or place and shall not be liable or accountable for any loss, damage, injury, or delay resulting from any unsafe condition at any berth or place unless caused by the Charterer's failure to exercise due diligence as aforesaid. Any lightering will be at the expense of the Charterer; however, in the event the Charterer directs the Owner to arrange for lighterage services, the Owner shall make all necessary arrangements therefore.

F-4.2 Ice The Vessel shall not be ordered or bound to enter any port or place inaccessible due to ice or at which lights, lightships, markers, or buoys on Vessel's arrival are (or are likely to be) withdrawn by reason of ice. The Vessel shall not be obliged to force ice. If a port or place to which the Vessel is ordered is inaccessible due to ice, the Master shall immediately notify the Charterer requesting revised orders and shall remain outside the ice-bound area. If there is danger of the Vessel being frozen in at any port or place, the Vessel shall, at Master's discretion, proceed to the nearest safe and ice-free position, at the same time requesting the Charterer's revised orders. Any delay or detention resulting from ice to be for the Charterer's account.

F-5 CHARTER PERIOD This Charter Party shall be for the period designated in the applicable task order, commencing upon the Charterer's acceptance of the Vessel and continuing until either the date of her redelivery or the completion of the voyage then current, at the Charterer's sole option. The charterer will modify the task order for the number of days needed to complete the voyage if additional time is needed. Any option periods shall be in direct continuation; shall be without guaranty at the Charterer's sole option; and shall be declared as specified in Section I.

F-6 DRYDOCK Owner, at its expense, shall drydock, clean and maintain the vessel 's bottom and propeller, and make all overhaul and other necessary repairs properly to maintain the vessel in class, maintain the vessel in compliance with F-2 (Condition) above and the warranties of C-11 above, and…