MLP Section C.pdf

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1.0 OPERATIONS AND MANNING

1.1 GENERAL OPERATIONS

1.1.1 Scope of Work/Mission. The Contractor(s) shall operate the MOBILE LANDING PLATFORM (MLP), consisting of one or more U.S. flag self-sustaining MLP ship(s) with supporting associated equipment and systems. The ship(s) and equipment shall be operated in a professional manner, maintained in good condition, and shall be mission-ready at all times. The MLP will operate in the Military Sealift Command (MSC) Prepositioning Fleet or will perform other Government missions. The MLP will deploy, operate and redeploy a system capable of maneuvering SKIN-TO-SKIN with a fully loaded LMSR and transferring rolling stock and cargo by means of ramp connections. MLP ship(s) will also be capable of landing and deploying air-cushion non-displacement craft by means of inclined decks at the waterline under the direction of a Military Component aboard ship. In order to accomplish this unique and highly technical task, the MLP ship(s) will be manned by a contingent of Coast Guard endorsed commercial mariners to perform customary shipboard duties.

1.1.1.1 New Construction Phase-In. The Government will provide phase-in guidance to the Contractor prior to the commencement date of this MLP Contract. The Contractor shall be responsible for requirements of the contract as of the contract commencement date. The date the Contractor’s Key Shipboard Personnel are directed by MSC to begin pre-delivery orientation and familiarization onboard the first ship in accordance with Section 20 of the MLP Technical Manual shall be the contract commencement date.

1.1.2 Operational Control (OPCON). Operational Control will be exercised by the Operational Commander.

The ships are projected to operate in the worldwide service under the ultimate operational control of a Numbered Fleet Command. Each operational mission will be the subject of a classified Operational Order (OPORD) or Sailing Order (SAILORD) that specifies exactly how the mission will be accomplished.

Delay of any ship or diversion from operations will be reported immediately to the Operational Commander.

1.1.3 Concept of Operations. At contract performance commencement, the MLP ship(s) will be in Full

Operating Status (FOS).

1.1.4 Area of Operations. Area of operations shall be worldwide. The MLP is designed for extended, independent underway operations in remote geographic locations. Therefore, self-sufficiency in operations and maintenance is an important mission requirement. The MLP will be capable of deployment to worldwide locations within 24 hours of notification by the Operational Commander (OPCOM) designated by the U.S. Navy. The MLP will be prepositioned in the Western Pacific. However, the Government reserves the right to utilize the MLP in additional locations under additional programs or missions.

1.1.5 Operating Tempo (OPTEMPO)

1.1.5.1 Full Operating Status (FOS). Normal optempo for each MLP in long-term FOS is estimated to consist of

80 percent inport at anchor or pierside (6 days per month at sea) to 86 percent inport (4 days per month at sea) . Actual OPTEMPO may vary. When pierside, it is anticipated that MLP will remain in FOS.

Underway periods shall consist of, but not be limited to, independent steaming, convoy operations and transits to/from selected ports for vessel and cargo maintenance or for the loading/discharging of cargo.

Operational commitments may warrant deviation from this estimate. The Contractor shall include in the fixed price such costs as may be sustained by a minimum of two episodes of Navy fleet exercises, each episode to be of 10-days in length.

1.1.5.2 Reduced Operating Status – 5 (ROS-5). The Government estimates an OPTEMPO of approximately

100% ROS and 0% FOS for each MLP maintained in ROS-5 during peacetime. Actual OPTEMPO may vary. At a minimum, the Contractor can anticipate each vessel in ROS-5 to perform one dock trial per year

N00033-12-R-3333 SECTION C-1: OPERATIONS AND MANNING Page 2 of 61 and one sea trial per year. At any time during the life of the contract, any or all of the MLP may be placed in FOS in order to support prepositioning requirements, military operations and exercises, or in order to support national emergency requirements. MLP placed in FOS are subject to deployment for indefinite periods of time.

1.1.5.3 Increased Costs During Increased OPTEMPO. The Contractor hereby assumes all risks whatsoever for increased costs associated with any change whatsoever in anticipated operating tempo of the vessels, whether or not such anticipated operating tempo is a result of representations made by the Government herein or elsewhere.

1.1.5.4 Hours of Operation.

1.1.5.4.1 FOS. During FOS, the MLP will be manned by the FOS crew according to Section 19 of the MLP

Technical Manual. Crews will work eight hours per day, seven days a week (including National Holidays). The contractor will be required to maintain the FOS crew 24 hours a day, seven days a week.

1.1.5.4.2 Repair Availability (RAV). During shipyard availabilities, the MLP shall be manned by RAV crew. There must be sufficient crew to support the shipyard during the availability. This crew mix will be negotiated and settled not later than two weeks prior to the start of the availability, and all negotiated wages and fringes will be reimbursable. Crews will work five (5) days a week (including National Holidays). One officer shall be retained onboard the ship evenings and weekends.

1.1.5.5 ROS-5. During ROS-5, the MLP shall be manned by ROS-5 crew according to Section 19 of the MLP

Technical Manual. Crews will work eight hours per day, five (5) days a week (including National Holidays). During ROS-5 periods, one officer shall be retained onboard the ship evenings and weekends

1.1.6 WEATHER OPERATIONS

1.1.6.1 Weather Information and Ship Routing. The Naval Oceanography Centers will provide Optimum Track

Ship Routing (OTSR) for the MLP ship(s) in accordance with COMSCINST 3121.9 Series and NAVMETOCCOMINST 3140.1 Series. Routes assigned by the OTSR program are in the form of recommendations to the ship’s Master. The Contractor shall ensure ship Masters request OTSR program routes during severe and destructive weather conditions. Notification calls from the cognizant MSC Area Command or COMSC will be considered the same as receiving formal notification via naval message including Optimum Track Ship Routing (OTSR) by Navy Meteorological Command Instructions (NAVMETOCCOMINST 3140.1 Series).

1.1.6.2 Severe and Destructive Weather Plan. The Severe and Destructive Weather Plan identifies those measures to be taken by the crew to prepare the ship for severe weather, to include getting underway in 96 hours or less and in accordance with U.S. Coast Guard Certificate of Inspections (COI) Manning. The Contractor shall ensure the ship(s) maintain and implement the Severe and Destructive Weather Plan in accordance with Operational Commanders’ guidelines, COMSCINST 3141.2 Series Section 2-8. When a hurricane condition is set in the Area of Operations (AOR), and any ship is inport or underway within the storm-related area, the ship(s) shall submit an initial hurricane status report within one (1) hour of notification of the condition being set. In addition, the ship shall request OTSR in accordance Section C-1.1.6.1 above.

1.1.7 Administrative Control (ADCON). Administrative control will be exercised by the Prepositioning

Program Office (PM3), Military Sealift Command Headquarters (MSC HQ).

1.1.8 Port Services. The Government will furnish port services or reimburse the Contractor for actual costs of port services in accordance with Section G-8. Port services include tugs, pilots, berthing, potable water, feed water, shore power, spill-booms, docking, trash and garbage removal, oily waste removal, sewage removal, hazardous materials removal, line handlers, communications expenses for embarked military and

N00033-12-R-3333 SECTION C-1: OPERATIONS AND MANNING Page 3 of 61 sponsor personnel, and launch services. When Government port service contracts are in place, the Contractor shall utilize these contracts prior to using commercial sources. The Contractor shall exercise due diligence to obtain the most fair and reasonable port services, and shall notify the Contracting Officer if such charges appear excessive prior to the ship entering port. As a part of the budgeted amount for port services, the Government shall reimburse canal tolls, port/local dues and taxes (provided the Contractor exercises due diligence in seeking immunity on behalf of the Government from such dues and taxes), entering/leaving port fees, customs broker fees, ballasting or shifting berths pursuant to Government orders and any other similar port charges for ports visited at the Government's direction. The Contractor shall submit separate invoices for each port call, along with the supporting documentation. The Government will not reimburse the Contractor for expenses incurred by the Contractor for services rendered for the convenience of the ship, its crew, or in connection with the Contractor's business such as the fees of underwriters. Fumigation/Pest Control will not be reimbursable, unless prior authorization is received from the Contracting Officer. The Government will reimburse the Contractor up to $150.00 per port call for postage and petty expenses including courier service and photocopying.

1.1.9 Diplomatic Clearances. The Government will obtain diplomatic clearances, operational area clearances, and explosive event waivers when and where required. The Government will secure port visit clearances.

1.1.10 Husbanding Agent Appointments. The Government shall reimburse the Contractor, in accordance with Section G-8, for the customary fee paid to port husbanding agents in conjunction with the port visits of the ships, including the fees of agents appointed for canal transits and at bunkering ports. The Government retains the right to disapprove proposed agents and to require that the Contractor discontinue using an agent. The Government shall have the option of directing the Contractor to use a specific commercial or Government agent in any port for the reimbursable elements.

1.1.11 Worldwide Cost Reporting Analysis/Forecasting Tool (CRAFT). At no additional cost, the Contractor or his agent shall input all port charges and costs into the CRAFT, when this system is provided to the Contractor.

1.1.12 Mail. The ships will be assigned Navy Fleet Post Office (FPO) addresses, and forwarding services. Mail forwarding services will be provided by the Government through the appropriate Government Joint Military Postal Activity and the U.S. Postal Service in accordance with DOD Postal Manual 4525.6 Series, Ch.11.5. The Contractor shall ensure the ship(s) transmits via Navy message an updated Mail Routing Information (MRI) message and a Cargo Routing or Fleet Freight Forwarding Information message to allow mailings to be properly forwarded. See Section 03.1.3 (A046 and A047) and Section 15.22 of the MLP Technical Manual for additional instructions on properly informing DoD mail and cargo forwarding services of the ship location. The Contractor shall pick up, deliver and/or forward any correspondence and parcels with respect to this contract on a daily basis.

1.1.13 OPERATE SHIPS

1.1.13.1 General. The Contractor shall operate the ships and related ship systems and equipment in accordance with United States Coast Guard (USCG) and the American Bureau of Shipping (ABS) rules and regulations.

1.1.13.2 Mobile Landing Platform (MLP). The MLP concept is based on a modified commercial tanker design and provides a sea base surface interface hub between LMSR prepositioning ships and landing craft surface connectors to move Marine Corps war-fighter equipment ashore. The MLP mission is to provide the USMC a capability to transfer vehicles and equipment at-sea from cargo ships and deliver them ashore via Landing Craft, Air Cushion (LCAC) from over the horizon. Future upgrades could provide additional military capabilities, such as berthing, medical, command and control, connected replenishment (CONREP), container handling crane and an aviation operating spot.

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1.1.13.3 Mission Technical Requirements. The MLP is designed with an open, reconfigurable mission deck and is supplied with electric power, cargo fuel, fresh water, and salt water from the base ship. With the Core Capability Set (CCS) installed, the MLP provides:

• 25,000 sq.ft. of elevated vehicle stowage deck

• Three LCAC lanes with services

• SKIN-TO-KIN fendering system

• Ability to transfer vehicles, personnel, and equipment in mid sea state 3 (skin to skin)

• A stocking of Vehicle Lashing Assemblies (VLA) for securing vehicles, watercraft and containers and shall be accounted for periodically as required by Section 15.7.3 of the MLP Technical Manual.

1.1.13.4 Cranes. The Contractor shall operate and maintain the MLP shipboard crane equipment.

1.1.13.5 On Deck Fueling Stations. The fueling system consists of two (2) on deck diesel fueling stations with the necessary attached piping, pumps, hoses, tanks and filler nozzles which will be operated in accordance with manufacturer’s instructions and safety guidelines.

1.1.13.6 Government Vessels in Foreign Ports. The following tenants are to be closely observed while docked or anchored outside CONUS:

• Sovereign Immunity. The Master, while performing ship operations, shall advise foreign authorities that each USNS vessel under this contract is a sovereign immune vessel of the United States. These privileges include immunity from arrest or search (whether in foreign internal or territorial waters, or in international waters), immunity from foreign taxation, exemption from any foreign state regulation requiring flying the flag of such foreign state either in its ports or while passing through its territorial sea, and entitlement to exercise exclusive control over persons on board such vessels with respect to acts performed on board.

• Foreign Law Enforcement. Masters shall refuse requests from foreign authorities for documents, physical evidence, interviews of personnel, statements, any request to board, examine, inspect, or search the vessel, and any request for the physical delivery of persons on the vessel to foreign authorities. The Master lacks authority to comply with such a request, and shall so advise foreign authorities.

• Foreign Port Visits. The Master may, if appropriate, provide a Shore Party List of individuals who will go ashore to the host nation before granting liberty in port if such a list is requested. The Shore Party List may contain only the names and passport numbers of those personnel; all other information shall not be provided. Masters shall comply with applicable U.S. and host nation agreements, such as status of forces agreements, that specify particular procedures for port visits in that country.

The Contractor shall observe all guidelines found in ALMSC 026/09 (Sovereign Immunity Guidelines for MSC Ship Masters) which shall be provided upon contract award.

1.1.13.7 Ships in FOS. The Contractor shall operate each ship in FOS in a safe and professional manner. The

Contractor is responsible for complying with operational schedules and other such mission tasking issued by MSC. The Contractor shall maintain each ship and its installed equipment in good working order and accomplish alterations as authorized by the Government.

1.1.13.8 Ships in ROS-5. The Contractor shall operate each ship in ROS-5 in a safe and professional manner. The

Contractor shall comply with the 5-day activation schedule and other mission taskings as directed by MSC. The Contractor shall maintain each ship and its installed equipment in good working order

N00033-12-R-3333 SECTION C-1: OPERATIONS AND MANNING Page 5 of 61 including identifying, prioritizing and managing repairs in accordance with Section 6 of the MLP Technical Manual.

1.1.13.9 General ROS Duties and Responsibilities. For ships in ROS-5, the Contractor shall advise ROS crew members that duties aboard a ROS ship may differ significantly from standard mariner operations.

Although officers in FOS have large administrative workloads, ROS status will require “hands-on” duties not normally associated with sea going ships. ROS crews shall be expected to comply with , but shall not be limited to, these general guidelines:

• General care and custody of the vessel, including tending mooring arrangements and shore power cables, when fitted

• Develop familiarity with shipboard equipment and systems

• Operate, maintain and repair as necessary shipboard equipment and systems, including documentation

• Enforce applicable Federal rules and regulations as may pertain to ships in various levels of ROS

• Be available for those inspections, audits and status checks as may be appropriate for ROS ships

• Inform on status of ships systems or equipment which may require additional repairs or upgrades

1.1.13.10 Work Rules for Unique ROS positions. Contractors shall advise ROS crewmembers that many shipboard duties and responsibilities do not fall under standard seafaring conditions. Due to size and composition of ROS maintenance crew, there will be times when ship personnel shall be expected to cross normal departmental boundaries for work related to safety, security and habitability of the ship.

Such work will include, but shall not be limited to:

• Secure ship in prevailing weather conditions

• Keep watch on and adjust gangway or double up mooring lines

• Take on and stow ship stores/parts

• Operate equipment for storing/testing

• Housekeeping such as maintaining cleanliness and sanitation

• Being prepared to participate as part of familiarization or sailing crew

1.1.13.11 Specific Reactivation Events. It is understood any ROS vessel tasked to perform movements under ship’s power such as sorties or changing geographic location must man and operate the ship in accordance with guidance from USCG authorities such as Captain of the Port (COTP).

1.1.14 Vessel Activation – ROS to FOS. During the ROS to FOS transition period, the Contractor shall ensure all newly assigned FOS crewmembers are properly indoctrinated concerning the ships' operation and mission as specified in Section C-1.1.1. – Scope of Work/Mission. The Contractor shall ensure that consumable stores and provisions sufficient for the intended voyage are onboard the ship(s). When directed by the Government, the Contractor shall arrange for bunkers. The ship(s) shall be prepared to get underway by the Contractor in order to depart their lay berths at the end of the specified 5-day ROS reactivation period. The ship(s) will then proceed as ordered.

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1.1.14.1 ROS-5 Transition Plans. The Contractor shall prepare a detailed ROS to FOS transition plan for ROS-5 ships based on Section 20 of the MLP Technical Manual (ROS 5 to FOS Checklists) for approval by the Government 30 days after contract award prior to contract turnover. The Contractor shall maintain the transition plans and shall provide copies, updates, and changes to the Government COR. The transition plans shall incorporate the requirements of Section 20 to ensure that the ship(s) will be ready for tasking at the end of the ROS to FOS transition period. Completed checklists will be made available to the COR for use in determining that FOS has been attained.

1.1.14.2 Documenting FOS Status. During the ROS to FOS activation period the Contractor will continue to receive the contracted ROS-5 per diem rate until the Contracting Officer determines that FOS is achieved. The Contractor shall submit all completed checklists and agendas required in the Activation or Transition Plans to the Contracting Officer. The Contracting Officer will review these documents to determine when full operating status has been attained and the FOS per diem rate starts. The ROS to FOS transition fee may be invoiced upon completion of the transition to FOS.

1.1.14.3 Ship Deactivation – FOS to ROS. During the FOS to ROS transition period, the Contractor shall ensure all departing FOS crewmembers have completed all actions required to ensure proper accounting for and disposition of Government Property and ensure the safety and security of the ship. The Contractor shall ensure that consumable stores and provisions are offloaded or otherwise handled in accordance with the requirements of the end ROS state detailed in Section C-1.3.2.3 – Subsistence Endurance Levels.

1.1.14.4 Documenting ROS Status. During the FOS to ROS deactivation period the Contractor will continue to receive the contracted FOS per diem rate, until the Contracting Officer determines that ROS-5 is achieved.

The Contracting Officer will review these documents to determine when reduced operating status has been attained and the applicable ROS per diem.

1.1.15 Standard Operating Manual (SOM). The Standard Operating Manual, COMSCINST 3121.9 Series is the primary MSC instruction that addresses the unique mission of the MSC fleet and is applicable to the subject ship(s). It provides policies and procedures pertaining to the operation and administration of the MSC fleet and provides a guide to other more definitive instructions. Ship Masters shall be familiar with the instruction’s content. In cases where the SOM and this contract conflict, provisions of this contract shall take precedence.

1.1.16 Casualty, Incident and Injury Reporting. The Contractor shall ensure all casualties, incidents and injuries

(or death) are reported by naval message formats in accordance with the requirements of COMSCINST

3121.9 Series, Section 2-10, :

• Casualty Report (CASREP). Machinery, hull or equipment casualties shall be reported in the

Navy standard format of a Casualty Report (CASREP) in accordance with NWP 1-03.1. The Navy message format reports shall consist of the initial CASREP, and shall be followed by updates and a final correction (CASCOR) of the casualty. If a casualty is mission-degrading, it must be reported within 4 hours of occurrence. If a casualty is not mission-degrading but cannot be corrected within 48 hours, it must be reported not later than 24 hours after the occurrence. The Government may direct the Contractor to perform a formal Root Cause Analysis (RCA). The costs of such RCA will be reimbursable.

• Special Incident Reporting. Reporting of all accidents or occurrences resulting in damage by or to the ship, gear or cargo, or injury to personnel, or loss of life shall be issued in accordance with COMSCINST 3121.9 Series Section 2-10. This includes among other things, collision, stranding, grounding, foundering, heavy weather damage, fire, explosion, failure of gear and equipment, and any other damage affecting the seaworthiness of the ship. In the case of a marine accident, injury or death as defined by the U.S. Coast Guard, the Contractor shall inform the USCG of such

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• Marine Casualty Investigations. The current MSC/USCG Memorandum of Agreement (MOA) requires the Contractor to report all marine casualties in accordance with 46 CFR 97. The Coast Guard may decide to investigate casualties meeting these reporting requirements. The Contractor shall provide the Contracting Officer, COR, and ABS with the USCG Casualty Investigation Report, including all correspondence regarding any marine casualty investigation.

1.1.17 Emergency Sorties. Emergency sorties may be required at the discretion of the Government and as directed by the local MSC Area Command or at any other time the Government determines such a sortie is appropriate, such as to avoid hazardous weather. The Contractor shall obtain a permit to proceed from the local USCG Captain of the Port (COTP).

1.1.18 Warranted-Design Speed Trials. Contractor shall conduct speed trials on a regular basis to demonstrate ship(s) are able to obtain warranted-design speed. Speed trials are to be conducted: (1) every six months;

(2) frst opportunity following hull cleaning or propeller polishing; or (3) when directed by Numbered Fleet Commander, Squadron Commander, or MSC. The Contractor shall submit to the Squadron Commander and MSC PM3 the template provided in Section 03.1.2 of the MLP Technical Manual (Item A021A) upon completion of trials.

1.1.19 Waste Disposal. When disposing of plastic and garbage wastes, the Contractor shall comply with OPNAV

Instruction 5090.1 Series regarding environmental compliance afloat, COMSCINST 5090.2 Series, applicable provisions of the Act to Prevent Pollution from Ships, 33 U.S.C. § 1901 et seq., and Annex V of the International Convention for Prevention of Pollution from Ships (MARPOL 73/78).

1.1.20 Salvage. It is understood that this limited Supervisor of Salvage claim is asserted against the vessel only, is solely for the vessel’s account, and does not include any amounts for the salvage of the Government’s cargo. Notwithstanding any other provisions of this contract, this limited Supervisor of Salvage claim IS NOT directly or by way of setoff chargeable in whole or in part to the Government by way of general average or otherwise

1.1.21 Diving Operations. The Contractor shall request the consent of the Contracting Officer prior to contracting for diving operations.

1.2 ENGINEERING OPERATIONS

1.2.1 General. The Contractor shall operate ship equipment and machinery in accordance with the MLP Manufacturer’s technical manuals, MSC policy documents, USCG regulations (33 CFR, 46 CFR and 49 CFR), American Bureau of Shipping (ABS) guidance and any applicable local or other jurisdictional requirements.

1.2.2 In Port Readiness.

1.2.2.1 Ships in FOS. Regardless of the length or nature of a port visit, the Contractor shall ensure that each ship in Full Operating Status (FOS) is fully capable of getting underway and performing the assigned mission within twenty-four (24) hours of receipt of sailing orders. This shall include sailing with a full FOS crew.

1.2.2.2 Ships in ROS-5. The Contractor shall ensure that each ship in ROS-5 is fully capable of getting underway and performing the assigned mission within 5 days of receipt of activation orders. This shall include sailing with a full FOS crew and all other provisions required to bring a vessel from ROS-5 to FOS. There may be times where the vessel is required to get underway in less than the 5 day time frame with less than a full crew. These instances may include destructive weather avoidance (see Section C-1.1.13.5 –Emergency

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Sorties, and Section C-1.1.6.2. – Severe Weather Plan or security threats and other instances deemed to be of such significance that the vessel is required to expeditiously vacate the berth.

1.2.2.3 In Port Maintenance.

1.2.2.3.1 Ships in FOS. In those cases where anticipated maintenance, repair, or regulatory body activities will prevent the ship from getting underway and performing the assigned mission within twenty-four (24) hours, the Contractor shall notify the Operational Commander, Area Commander, and Contracting Officer. This notice shall set forth the specific nature of the work to be accomplished, the estimated time required to accomplish the work as described, and any viable alternatives that would enable the ship to maintain the original operating schedule. The Contractor shall request the Operational Commander’s permission to proceed with the work described. The Operational Commander, Area Commander, and the Contracting Officer reserve the right to require the Contractor to reschedule the requested work. This does not affect the consent requirements of Section C-2.6.1-Industrial Assistance.

1.2.2.3.1.1 Ship Voyage Repairs in FOS. The Contractor shall use ship’s force whenever possible to accomplish voyage repairs. The Contractor shall procure and manage industrial assistance, technical support, or riding crews to complete voyage repairs in accordance with G-9 when any of the following criteria are true:

• The scope or complexity of the work is beyond ship’s force capabilities

• The required work cannot be completed by ship’s force within the time allowed by the vessel’s operating schedule,

• The price for subcontracting the work to a third party is evaluated by the Contractor or the

Government to be more cost effective than using ship’s force.

1.2.2.3.2 Ships in ROS-5. In those cases where anticipated maintenance, repair, or regulatory body activities will prevent the ship from getting underway and performing the assigned mission within five (5) the Contractor shall notify the Operational Commander, Area Commander, and Contracting Officer. This notice shall set forth the specific nature of the work to be accomplished, the estimated time required to accomplish the work as described, and any viable alternatives that would enable the ship to maintain the original operating schedule. The Contractor shall request the Contracting Officer’s permission to proceed with the work described in accordance with Section 6.7.2 of the MLP Technical Manual. The Operational Commander, Area Commander, and the Contracting Officer reserve the right to require the Contractor to reschedule the requested work. This does not affect the consent requirements of Section C-

2.6.1 -Industrial Assistance.

1.2.2.3.2.1 Ship Voyage Repairs in ROS-5. All equipment casualties that impact the primary missions are to be reported. For the purposes of this paragraph, the vessel’s primary missions are (in random order): 1) To be ready to get underway and fully capable of conducting unlimited cargo operations within five (5) days of receiving notice to activate; 2) Maintain safety of the crew and adjacent facilities; 3) Maintain environmental compliance; 4) Maintain habitability of inhabited spaces .While the ship is in ROS-5, the Contractor shall use ship’s force whenever possible to accomplish voyage repairs during normal working hours. The contractor shall procure and manage industrial assistance or technical support in accordance with G-9 when any of the following criteria are true:

• The scope or complexity of the work is beyond ship’s force capabilities

• The required work cannot be completed by ship’s force within the time allowed by the vessel’s reactivation schedule,

• The price for subcontracting the work to a third party is evaluated by the Contractor or the

Government to be more cost effective than using ship’s force.

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Upon notice of activation, the Contractor shall arrange for industrial and technical assistance as required to accomplish outstanding voyage repairs in a timeframe that enables the ship to obtain FOS and mission readiness within the applicable activation time frame..

1.2.2.3.3 Actions Affecting Mission. In those cases where anticipated maintenance, repair, or regulatory body activities will prevent the ship from getting underway and performing the assigned mission within twenty-four (24) hours, the Contractor shall notify the Operational Commander, MSC Area Commander, and Contracting Officer. This notice shall set forth the specific nature of the work to be accomplished, the estimated time required to accomplish the work as described, and any viable alternatives that would enable the ship to maintain the original operating schedule. The Contractor shall request the Operational Commander’s permission to proceed with the work described. The Operational Commander, MSC Area Commander, and the Contracting Officer reserve the right to require the Contractor to reschedule the requested work. This does not affect the consent requirements of Section C-2.6.1(Industrial Assistance).

1.2.3 Fuel Quality Assurance and Testing. In order to assure fuel delivered to the ships meets the quality standards of the MLP Technical Manual and bunker purchase specifications, the Contractor shall take fuel samples at the manifold while bunkering in accordance with MARPOL Annex VI requirements outlined in Section 12.7.1and Section 27 of the MLP Technical Manual. Test results will be communicated by MSC to the ships for entry into the Oil Record Book. Sampling and testing will be conducted as follows:

• Take samples by manual or automatic means when receiving bunker fuel;

• Sample size to be 400mm or more and bottle labels signed by Chief Engineers and Supplier;

• Mail sample to designated laboratory using mailing kit provided by MSC; and

• Samples are to be retained not less than one year or until bunkers have been expended.

1.2.4 Fuel Bunkering. The Contractor shall comply with the USCG Regulations and COMSCINST

3121.9 Series-Standard Operating Manual Chapter 2 for fuel bunkering, which includes the establishment and utilization of a Fueling Bill including sampling, personnel station assignments, communications and procedures for bunkering. The ship is equipped with an oil spill containment and cleanup kit as detailed in COMSCINST 5090.1 Series. The Contractor shall be responsible for maintaining and preserving all cleanup kits pursuant to Section C-5.1.3 -Durable Moveable Property and Section 15.23(e) of the MLP Technical Manual.

1.2.5 Fuel, Lubricating/Hydraulic Oil. Except as provided below, the Government will furnish, directly or on a reimbursable basis, all required fuel, lubricants, and hydraulic oil. Packaged petroleum products such as WD-40 and cutting oils, are consumable supplies and are to be provided by the Contractor at its own expense regardless of quantity. The grades of fuel authorized for use onboard the ship are set forth in Section 27 of the MLP Technical Manual.

1.2.6 Sources and Usage of Fuel. The Contractor shall obtain fuel from Defense Energy Support Center

(DESC) military stocks or through a DESC contract with a commercial supplier. The Contractor shall provide the Government at least ten (10) business days advance notice for all fuel oil requirements. Navy Energy Usage Reporting System (NEURS Report) shall be submitted in the required format by navy message and by email to MSCHQ-NEURS@NAVY.MIL on a monthly basis, no later than the third day after the end of the reporting period (Ref ALMSC 005/10).

1.2.7 Alternate Fuel Suppliers. Alternate commercial sources may be utilized only when the required

Government sources are not available or would cause the diversion or delay of the ship. In such a case, the Contractor shall obtain the service of an Independent Surveyor to ensure the fuel provided by the supplier is of the proper quality and quantity. Fuel oil shall be purchased on a competitive basis. The Contractor shall solicit competition to the maximum extent practicable and submit the results to the Contracting Officer for consent to subcontract prior to purchasing the fuel. The Contractor shall submit invoices for fuel oil cost reimbursement, with attached documentation. The Government will reimburse the Contractor for all mailto:MSCHQ-NEURS@NAVY.MIL�

N00033-12-R-3333 SECTION C-1: OPERATIONS AND MANNING Page 10 of 61 reasonable expenses incurred to purchase commercial fuel oil including loading fuel from lighters, lighter demurrage or detention, shifting lighters for the convenience of the ships, handling lighter lines, and other such expenses which the Contracting Officer finds necessary and reasonable in the loading of fuel oil onto the ships in accordance with Section G-8.

1.2.8 Sources of Lube/Hydraulic Oil. The Contractor shall obtain lubricants and hydraulic oil from the

Government Contractor, which is a commercial entity contracted with the Government to supply lubricants and hydraulic oil to MSC ships worldwide. The Contractor shall provide the Government at least ten (10) calendar days advance notice for all lube/hydraulic oil requirements. See Section 11 of the MLP Technical Manual for additional information.

1.2.9 Shipboard Chemicals. The Government will make available (as GFP or reimbursable) the shipboard chemicals, test kits, and services pursuant to Section 12 of the MLP Technical Manual. All samples are required to be submitted in accordance with Section 12 of the MLP Technical Manual.

1.2.10 Environmental Protection and Enhancement. The Contractor shall operate and maintain each ship’s pollution prevention equipment and systems and shall properly manage and dispose of waste in compliance with U.S., International and Navy regulations and policy. The Contractor shall comply with OPNAVINST 5091.1 Series and COMSCINST 5090.1 Series stating the Navy’s Environmental Protection Programs and also DoD 4715.6-R1 - Regulations on Vessels Owned or Operated by the Department of Defense-dated Jan 2005. The Contractor shall also comply with requirements of MSC Non-Tank Vessel Response Plan/SOPEP. See Section C-

1.1.13.9 for guidance on handling solid waste in accordance with COMSCINST 5090.2 Series.

1.2.10.1 Water Pollution. The Contractor shall comply with applicable portions of the Federal Water Pollution Control Act, the Clean Water Act or CWA (3 U.S.C. § 1251 et seq.), the Act to Prevent Pollution from Ships (33 U.S.C. 1091 et seq.), regulations in 33 CFR 151 and 155, and COMSCINST 5090.1 Series -Navy Environmental Protection Programs. When the Final Rule is published in the Federal Register, the Contractor will comply with the Uniform National Discharge Standards for ships of the Armed Forces. The Contractor shall maintain and operate all shipboard pollution prevention equipment in accordance with the manufacturer’s instructions.

Contractors operating MSC ships shall not surrender nor waive the sovereign immunity of a Government owned ship during any environmental incident.

1.2.10.1.1 Oil Spill Response. In the event of an oil spill, Contractors shall provide immediate response capability to protect the vessel and crew, stop the outflow of oil and mitigate damage to the environment. While in U.S. waters, Contractors shall activate and engage in contracting with oil spill removal organizations, act as liaison with the Federal On-Scene Coordinator and fund response activities until such time as being relieved of such responsibilities by the Navy On- Scene Commander (NOSC) who will then assume responsibility for management of the continuing oil spill response. Contractors will be reimbursed annually for direct, reasonable expenses associated with retaining an oil spill organization, provided the Contracting Officer has preapproved such expenses. All foreign and domestic oil spills shall be immediately reported directly to the cognizant MSC Operational Commander and to the applicable NOSC who is designated by the MSC SOPEP as the Qualified Individual (QI). If the Navy On-Scene Commander is not immediately available, the Contractor shall designate an interim QI and take immediate action to mitigate damage to the environment.

1.2.10.1.2 Ballast Water Management. The Contractor shall comply with any ballast water exchange requirements contained in COMSCINST 5090.1 Series Section 4-10, OPNAVINST 5090.1 Series Section 22-10.3 and other applicable statutes and regulations.

1.2.10.1.3 Graywater Management. The Contractor shall properly manage and dispose of graywater in

N00033-12-R-3333 SECTION C-1: OPERATIONS AND MANNING Page 11 of 61 accordance with COMSCINST 5090.1 Series Section 4-3 and table 3-1.

1.2.10.1.4 Marine Sanitation Device (MSD) Disposal System. The Contractor shall maintain and operate the installed MSD disposal system in accordance with the manufacturer’s instructions, U.S., International and Navy Regulations so as to prevent the discharge of untreated or inadequately treated sewage, or of any waste derived from sewage (e.g., sludge), within 0-3 nautical miles of the U.S., or other waters where discharge is regulated.

1.2.10.2 Air Pollution. The Contractor shall comply with applicable Federal, State and local regulations governing air pollution emissions, and COMSCINST 5090.1 Series Section 4-4. Examples of areas of concern are containment of abrasive blasting particulate (including general particulates and heavy metals), control of stack emissions during diesel engine repair and start-up, or removal of asbestos.

1.2.10.3 Ozone Depleting Substances. The Contractor shall operate and maintain equipment and systems containing Ozone Depleting Substances (ODS) in accordance with manufacturer’s instructions and COMSCINST 5090.1 Series Section 4-4. Equipment with an installed charge of more than 50 pounds shall be maintained to remain within the maximum annual leakage rates of 15 percent for total refrigerant in air conditioning equipment and 35 percent of total refrigerant in ship stores and cargo refrigerant as stated in OPNAVINST 5090.1 Series Section 22-4.3.2.5. ODS shall be recovered prior to maintenance on systems. Persons who perform maintenance, service or repair of any appliance which contains and/or uses Class I or II refrigerants shall hold a valid EPA approved certification as Universal Technician as required by 40 CFR part 82.

1.2.10.4 Noise Pollution. The Contractor shall comply with the Noise Control Act of 1972, 42 U.S.C.

4901 et seq., and implementing regulations. Retrofit modifications are not prescribed or authorized for existing noise sources.

1.2.11 Compliance with HAZMAT Laws, Statutes and Regulations. The Contractor shall comply with the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; the Clean Air Act (CAA), 42 U.S.C. § 7401 et seq.; the Clean Water Act (CWA), 33 U.S.C. §§ 1251-1387; the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C.

9601 et seq.; 10 U.S.C. § 7311: the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., and all applicable Federal, State, interstate, and local environmental statutes and regulations. When practicable, the Contractor shall utilize DoD turn-in sites and procedures for the recycling or disposal of hazardous substances. These sites are identified in enclosure (3) to COMSCINST

4110.1 Series.

1.2.11.1 Material Safety Data Sheets (MSDS). The Contractor shall ensure that an inventory of hazardous materials brought onboard is accurately maintained. Hazardous materials shall be used and stowed in accordance with MSDS guidance. MSDS shall be obtained from the supplier for hazardous material used, handled, packaged and transported or disposed. MSDS for each item of hazardous material shall be kept on file. If sponsors or permanently embarked riders require ship’s crew to handle HAZMAT, they shall provide the Contractor with unique or special handling requirements.

1.2.11.2 Hazardous Material Control and Management. The Contractor shall arrange for the proper removal, handling, transportation, storage and disposal of hazardous waste generated in the performance of contract requirements. The Contractor shall, when entering into contracts for ship repair or maintenance, ensure the repair contracts contain the provisions required by 10 U.S.C. § 7311. The Contractor shall further control and manage hazardous material in accordance with COMSCINST 5090.1 Series Section 4-6.

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1.2.12 Potable Water Conditioning. The ships are equipped with potable water treatment and testing equipment to comply with Section 12.7 of the MLP Technical Manual. The Contractor shall ensure that qualified Engine Department crew test, treat, monitor, and maintain the condition of the potable water in accordance with NAVMED P-5010 Chapter 6 Series (Water Supply Afloat).

There shall be maintained onboard ship a Potable Water Testing and Treatment Log in accordance with Section 03.2.2 (#B012) of the MLP Technical Manual wherein shall be entered the frequency, amount and duration of all potable water treatments..

1.3 HOTEL SERVICES

1.3.1 General. The Contractor shall provide hotel services to the ship’s permanently assigned commercial mariner (CONMAR) crew and any Embarked Personnel who are approved by MSC to berth aboard.

1.3.2 Food and Hotel Services. The Contractor’s steward department shall be responsible for meals, and hotel services for the ship’s crewmembers and Permanently Embarked Personnel (PEP). The cost for hotel services and meals for crew shall be part of the Contractor’s fixed price. The cost for hotel services and meals for Permanently Embarked Personnel shall be reimbursed by the Government as provided in Section C-1.7.3 which covers military personnel, civilian Government employees or Contractor personnel as applicable.

1.3.2.1 Inport Visitors. Government personnel or other authorized official personnel not assigned to the ship will be allowed to mess aboard; Contractor will be reimbursed at the fixed rate of $4.00 per meal, per person, not to exceed $12.00 per day, per visitor.

1.3.2.2 Reimbursement for Visitor Berthing and Meals. The Contractor shall keep detailed records of visitor meals provided, including the names and affiliation of all visitor personnel being served and berthed, and shall submit an invoice to PM3 with supporting documentation for reimbursement.

1.3.2.3 Subsistence Endurance Levels. The Contractor shall establish standard records and procedures for use in the MLP ship to ensure that the endurance levels stated below are maintained at all times. The ship was built to support the Contractor's crew within the endurance levels and berthing capability of the MLP ship as designed. Other Embarked Personnel (EP) may consist of military personnel, civilian Government employees or Contractor personnel as applicable. Additional costs associated with providing hotel services are payable in accordance with Section C-1.7.3 -Permanent and Temporary Embarked Personnel.

Type of Provisions (FOS) Days of Endurance Dry 90 Chilled 45 Frozen 90

1.3.3 Provide Food Service For Crew and Permanently Embarked Personnel (PEP). The Contractor shall provide EP with galley-prepared food service. The food provided shall meet or exceed industry standards for variety, quality, quantity and nutritional value.

1.3.4 Purchase of Foreign Foods. The Contractor shall ensure that foreign meat, fish, poultry and dairy products will be purchased only in emergency situations and only from approved sources established by the Army and Air Force Veterinary Services or the Navy Medical Service and only in quantities required to alleviate the emergency. As necessary and appropriate, the Contractor shall request a list of approved food sources in the operating area from the Contracting Officer. Applicable provisions of COMSCINST 6000.1 Series and NAVMED P-5010, Chapter 1shall apply.

1.3.5 Food Service Operation. The ship’s Master or Medical Person in Charge (M-PIC) shall conduct weekly inspections of food service spaces and equipment. The record of each inspection shall be reviewed to

N00033-12-R-3333 SECTION C-1: OPERATIONS AND MANNING Page 13 of 61 ensure deficiencies are noted, corrective action taken and the spaces and equipment re-inspected. Records of these inspections shall be kept in a file for a minimum of 1 year and made available for inspection when requested by Government representatives. Onboard Condition Inspections (OCI) will be conducted by Government representatives in accordance with Section C-3.9.1 and will also include a sanitation inspection. If the ship's food service operation fails the sanitation inspection by receiving an unsatisfactory grade, the Government may direct the closing of the galley and secure food service operations until all discrepancies have been corrected. Alternate food service during any period of galley closure will be at the Contractor's expense. Daily and weekly cleaning of all food service operation spaces and equipment shall be in accordance with the Conference for Food Protection (CFP), ANSI and NSF standards.

1.3.6 Food Handlers. 46 CFR 10.215(d)(2) requires mariners applying for the Steward Department Food Handler endorsement to provide a statement from a licensed physician, physician assistant or nurse practitioner attesting that the applicant(s) are free of communicable diseases. The examiner’s statement and subsequent annual medical screenings of food handlers shall be confirmed by the Contractor and shall be considered as fulfilling COMSCINST 6000.1 Series Chapter 6, Section 6.5 a(4)-4 for such screening. This documentation shall be on file aboard ship for all food service employees currently assigned.

1.3.7 Provide Sanitation Services. The Contractor shall maintain the ship in a sanitary condition at all times in accordance with 46 CFR 97.15-10 (Sanitation). All living spaces, staterooms, quarters, toilet and washing spaces, serving pantries, passages, galleys, and stairwells shall be inspected no less frequently than monthly in accordance with 46 CFR 91.35-1 (Sanitary Inspections).

1.3.8 Provide Pest Control. The Contractor shall ensure that all living spaces, recreation lounges, and work areas are free of pests at all times. The Contractor shall ensure that all personnel conducting pest control measures are properly trained. All stores and provisions shall be checked by the Contractor’s personnel as appropriate, prior to loading to ensure they are rodent and pest-free. Refer to World Health Organization, International Health Regulations (IHR) of 1969, U.S. Navy Shipboard Pest Control Manual, SECNAVINST 6210.2A Quarantine Regulations, and NAVMED P-5010, Chapter 8 for further guidance.

1.3.9 Ship Sanitation Exemption Control Certificate (SSECC). The Contractor is responsible for ensuring that the ship is SSECC certified at all times in compliance with guidelines delineated in the World Health Organization, International Health Regulations (IHR) of 2005 and BUMEDNOTE 6210 dated Nov 2007.

This certification is required to be completed every 6 months. The Contractor shall make arrangements to procure the necessary SSECC Inspection Certification.

1.3.10 Provide Linen. The Contractor shall provide the following laundered items to all…