N00033-12-R-3333 MLP RFP.pdf

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

DO 1 124

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N00033 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 6

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

7 - 66

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

68 - 69

70 - 73 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 74 - 80 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 81 - 87 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

88 - 99

PART II - CO NTRACT CLAUSES

MILITARY SEALIFT COMMAND, N1032/PM3

914 CHARLES MORRIS COURT SE

WASHINGTON NAVY YARD DC 20398-5540

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

23 May 2012

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N00033-12-R-3333

Section A - Solicitation/Contract Form

SECTION A

NOTICE TO OFFERORS

GENERAL:

1. Offerors are notified that the CLIN structure may be administratively changed at award to be consistent with the structure of the funding documents.

SF 33:

2. Box 9: Notwithstanding Box 9, offerors shall submit the number of copies specified in Section L.

3. Box 10: Additional POC: Contracting Officer, Ms. Diana Fischer, 202-685-5531, diana.fischer@navy.mil.

4. Box 12: Offerors shall have offers valid for at least 210 days.

CONTRACT UPON AWARD:

5. This contract shall consist of Sections A-J, all attachments listed in Section J, and the successful proposal.

mailto:diana.fischer@navy.mil

Section B - Supplies or Services and Prices

SECTION B

SECTION B – SUPPLIES /SERVICES AND PRICES

1.0 General. The rates for services provided under this contract shall be payable at the applicable, fully burdened per diem rates stipulated in Section J, Form B. Said payments shall be considered payment in full for all services, equipment, supplies, operation and maintenance of Government equipment, and all Contractor personnel under this contract, including all penalty time, bonuses, payments, and emoluments payable to Contractor personnel for services under this contract, irrespective of the geographic scope of said services, the carriage of hazardous cargoes (including explosives, ammunition) vehicular cargoes, bulk cargoes, and general cargoes. Said payments do not include those items specifically identified as reimbursable under this contract, which will be reimbursed in accordance with Section B 1.3 Reimbursable Items below.

For expenses in Section C that require pre-approval of the Contracting Officer, it is the Government’s intent to reimburse the Contractor for such expenses in accordance with B-1.3 below and G-8, so long as the Contracting Officer has provided approval to the Contractor prior to the expense being incurred.

1.1 Per Diem Rate for Operation and Maintenance. Per Diem rates shall cover the cost of daily operation, maintenance, equipment, personnel, and service for vessels, unless an expense is specifically listed in the contract as being reimbursable.

1.2 Pre-delivery Orientation/Familiarization (PDO/F). Each ship has a Pre-Delivery Orientation/Familiarization

(PDO/F), Nucleus Period-1 (NUC-1) through NUC-3 (see Section C-3.4.9.3). This PDO/F is planned to commence 140 days prior to delivery, but may be longer if new ship delivery is unexpectedly delayed.

1.2.1 NUC-1 Per Diem. The per diem rate for NUC-1 will include direct costs (wages and fringes for Master, Chief Engineer and Chief Mate, insurance, and other itemized ship expenses), indirect costs/G&A (not otherwise included in direct costs), and Profit, but shall not include expenses specifically listed in the contract as being reimbursable. Reimbursement for crew travel, lodging, per diem and local transportation (e.g. rental vehicles) will require prior contracting officer approval. All travel related expenses will be in accordance with the requirements under Section C-2.7.2.2 and are subject to the limitations provided under the Joint Travel Regulations (JTR) in effect during the NUC-1 period. The NUC-1 rate will apply for the period beginning 140 days prior to ship delivery and ending 57 days prior to ship delivery. These timeframes may change significantly based on changes in anticipated ship deliveries.

The pricing related to the NUC-1 period for each new ship is not associated with FOS, ROS or RAV.

1.2.2 NUC-2 Per Diem. The per diem rate for NUC-2 will include direct costs (wages and fringes for NUC-1 crew plus remaining Officers, Bosun and Storekeeper , insurance, and other itemized ship expenses), indirect costs/G&A (not otherwise included in direct costs), and Profit, but shall not include expenses specifically listed in the contract as being reimbursable. Reimbursement for crew travel, lodging, per diem and local transportation (e.g. rental vehicles) will require prior contracting officer approval.

All travel related expenses will be in accordance with the requirements under Section C-2.7.2.2 and are subject to the limitations provided under the Joint Travel Regulations (JTR) in effect during the NUC-2 period. The NUC-2 rate will apply for the period beginning 56 days prior to ship delivery and ending 15 days prior to ship delivery. These timeframes may change significantly based on changes in anticipated ship deliveries. The pricing related to the NUC-2 period for each new ship is not associated with FOS, ROS or

RAV.

1.2.3 NUC-3 Per Diem. The per diem rate for NUC-3 will include direct costs (wages and fringes for NUC-1 and NUC-2 crew plus remaining unlicensed crewmembers , insurance, and other itemized ship expenses), indirect costs/G&A (not otherwise included in direct costs), and Profit, but shall not include expenses specifically listed in the contract as being reimbursable. Reimbursement for crew travel, lodging, per diem and local transportation (e.g. rental vehicles) will require prior contracting officer approval.

All travel related expenses will be in accordance with the requirements under Section C-2.7.2.2 and are subject to the limitations provided under the Joint Travel Regulations (JTR) in effect during the NUC-3 period. The NUC-3 rate will apply for the period beginning 14 days prior to ship delivery and ending at ship delivery. These timeframes may change significantly based on changes in anticipated ship deliveries.

The pricing related to the NUC-3period for each new ship is not associated with FOS, ROS or RAV.

1.3 Reimbursable Items. Reimbursable supplies and services are those items specified in the contract as reimbursable, or otherwise pre-approved by the Contracting Officer. The reimbursement cost shall not include overhead, general and administrative costs, material handling costs, profit, or fees above the actual costs. See Section G for the documentation requirements for reimbursable items. The Contractor is responsible for ensuring that reimbursable expenses do not exceed funding expressly obligated to this contract by the Contracting Officer.

1.4 Estimates. All quantities are estimates unless specifically guaranteed.

1.5 CLIN Structure. The CLIN structure may be unilaterally changed by the Government anytime during the life of the contract to accommodate the funding format.

1.6 Continuing Rate. If a vessel has a voyage in progress on the date of contract expiration, the applicable per diem rate for that vessel for the period beyond the expiration date shall be the per diem rate that is in effect on the last day of the contract for that vessel.

1.7 Reduced Operating Status (ROS-5). The ROS-5 per diem rates provided under this contract shall be payable at the applicable, fully burdened per diem rates stipulated in Section J Form B. Said payment shall be considered payment in full for all ROS-5 services, equipment, supplies, operation and maintenance of the ship and Government equipment, and all Contractor personnel under this contract, including all penalty time, bonuses, payments and emoluments payable to Contractor personnel for services under this contract.

ROS-5 ship(s) will be free of cargo at a U.S. Gulf or East Coast port on shore power and crewed with the manning complement identified under Section 19 of the MLP Technical Manual. The crew will maintain a 40 hour work week, from Monday through Friday (except for those National Holidays specified in the Collective Bargaining Agreement). Normal working hours shall be from 0800 to 1700 hours local including time allotted for breaks and lunch. One Officer must be retained on the ship 24 hours a day, including holidays and weekends, to fulfill security requirements. The ship shall be fully manned during core work hours. Gangway security-watch overtime, when required, will be reimbursed with Contracting Officer approval.

1.8 Reduced Operating Status (ROS) (Undefined Crew). The Government reserves the right to designate an alternate reduced operating status other than ROS-5. During such times the ROS rate shall be negotiated in accordance with F-3 on a case-by-case basis prior to a ship entering the newly designated ROS and will be based on crew specific requirements. Crew wage/fringe costs and other direct ROS crew costs identified in F-3 will be reimbursed with prior contracting officer approval. Vessels may alternate between FOS and ROS and the applicable rate will be that which is associated with the status of the vessel at any given time.

1.9 Transition Costs. The Contractor will not be paid a fixed fee to transition a ship from ROS to FOS, FOS to

ROS, FOS to RAV and RAV to FOS. Rather, the Contractor shall be reimbursed reasonable direct actual costs associated with the transition in accordance with Section G-8.

1.10 Repair Availability (RAV). The Government will direct that a vessel transition to RAV status during regular vessel overhaul, dry docking or midterm availability, or during any period a vessel is undergoing alterations.

During such times the RAV rate shall be negotiated in accordance with F-4 on a case-by-case basis prior to a ship entering RAV and will be based on crew specific requirements. Crew wage/fringe costs and other direct RAV crew costs identified in F-4 will be reimbursed with prior contracting officer approval.

1.11 Schedule of Total Daily Crew Cost (To be completed after contract award). The Contractor shall complete Attachment Form C, Schedule of Total Daily Crew Costs (under Section J), to include base wages, overtime, taxes, and all fringe benefits for each ship and each year of the performance period for FOS. Form C shall indicate the daily wages, overtime, fringe benefits, and applicable taxes for each applicable crew position.

The Contractor must certify that the wages and fringe benefits contained within Form C, reflect as a minimum, the wage and fringe benefits levels contained in the Department of Labor Wage Determination in Section J.

The Contractor shall submit Form C in accordance with the required delivery schedule under Section F of the contract.

1.12 Contractor’s Account. All overtime, penalty time, bonuses, and other emoluments, payable for whatever reason, shall be for the Contractor’s account except as specifically otherwise provided in the contract.

FUNDING INFORMATION ONLY

CLIN Structure will be provided at award. Three CLINs (PDO, Per Diem, and Reimbursables) will be provided for the first performance period of each ship; thereafter, two CLINS (Per Diem and Reimbursables) will be provided for each ship for each contract year. This is subject to change at the unilateral discretion of the Government.

REIMBURSABLE SERVICES - Following are reimbursable expenditure types which may be used if authorized by the contract or approved by the Contracting Officer.

TABLE OF EXPENDITURE TYPES

EXP TYPE DESCRIPTION

21011 Non-PCS Personnel Travel 22011 Local Freight 22012 Express Shipments 23321 Communications – INMARSAT 23322 Data Communications 23323 Voice Communications 23324 Wireless Communications 23325 Force Protection Communications 23331 Shoreside Utility Services 252131 Operating Hire (Excluding Capital Hire) 2521A War Risk Bonus 2521B Additional Protection &Indemnity Insurance 2521C Legal Fees 2521D Merchant Marine (MM) Cadet Wages/Travel 2521E Stevedores 2521F Stevedore Damage 2521G Contractor Overtime 2521H Additional Crew Wages 2521N Food Services Gov’t Personnel 2521R Other Lease/Charter Cost 25221 Canal Tolls 25222 Docking 25223 Agent Fees 25224 Pilot 25225 Tow 25226 Security Guard

1 Not a reimbursable item. Included in the table to illustrate the expenditure type.

25227 Tax/Duties/Customs 25228 Line Handling 25229 Launch Services 2522A HAZMAT Material/SLOPS Disposal 2522C Oil Spill Response 2522D Trash Disposal 2522E Boom Vessel 2522F Crew Transportation (N/Launch) 2522G Load/Discharge Spon Material 2522H Postage/Petties 2522J Sponsor Phone Chgs 2522K Other Port/Canal Charges 2522M FP Picket Boats/Security Boats 2522N FP Security Guards 25231 American Bureau of Shipping (ABS) Inspection CST

(Including Travel) 25232 Overhaul 25233 Drydock 25234 Underwater Hull Maintenance 25235 Industrial Assistance including Travel 25236 Propeller Polishing 25237 Alterations 25238 Service Orders 25239 Material Requistion 2523D Calibration of Test Equipment 2523E Cleaning Cargo Holds 25284 Public Affairs Support 25286 ADP Service, Other 25287 Integrated Logistics Support 25288 Awards-Non MSC 25289 Equipment Rental 2528B Contract Service Not Classified 25314 Maintenance & Repair 25316 Port Charges 25341 SSET Training 25342 Force Protection Officer Training 26051 Propulsion Fuel - DFM 26052 Propulsion Fuel-IFO 380 26054 Propulsion Fuel – IFO 180 26061 Hydraulic Oil & Lubricants 26062 Chemical/Paint 31011 Ship Spares 31012 Ship Equipage Excluding ADP 31013 COSAL Allowance Changes 31081 Force Protection Equipment without Service 31082 Force Protection Equipment with Service

Section C - Descriptions and Specifications

SECTION C

1.0 OPERATIONS AND MANNING

1.1 GENERAL OPERATIONS

1.1.1 Scope of Work/Mission. Military Sealift Command has a firm requirement for the operation and maintenance of Mobile Landing Platforms (MLPs) USNS MONTFORD POINT and USNS JOHN GLENN with an option for a third MLP USNS LEWIS B. PULLER. The MLPs will operate in the Military Sealift Command (MSC) Prepositioning Fleet or will perform other Government missions. The MLPs will be capable of transferring rolling stock and other cargoes in-stream with other ships and via ramp connections, as well as landing and deploying air-cushion non-displacement craft by means of inclined decks. The MLPs will be manned by U.S. commercial mariners. In order to accomplish their unique mission, the MLP vessels are intended to be employed worldwide in supporting U.S. Navy afloat prepositioning objectives by maneuvering the MLP alongside skin-to-skin with another large ocean going vessel, separated by suitable fendering, until the two vessels are secured together as one unit using mooring lines. The MLP ships will be manned by U.S. commercial mariners. The MLP vessels are intended to be employed worldwide in supporting U.S. Navy afloat prepositioning objectives.

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 contract shall commence upon the arrival date of the Nucleus-1 (NUC-1) crew (See C-.4.9.3).

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 are anticipated to 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 Firm Requirement. The Government anticipates that the first MLP ship to be delivered (USNS

MONTFORD POINT) will be maintained in Full Operating Status (FOS) and the second MLP ship (USNS JOHN GLENN) will be maintained in Reduced Operating Status-5 (ROS-5). Normal OPTEMPO for the MLP in FOS is estimated to consist of approximately 80 percent inport at anchor or pierside and 20 percent underway. Actual OPTEMPO may vary. When pierside, it is anticipated that the first 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. For pricing purposes the Contractor shall include in the fixed price such costs as may be sustained by a minimum of two annual episodes of

Navy fleet exercises, each episode is anticipated to be 10-days in length. The second MLP ship is anticipated to be maintained in Reduced Operating Status-5 (ROS-5) during peacetime; however, the OPTEMPO for this ship is anticipated to be FOS from ship delivery until the end of the first option period and 97% ROS-5 and 3% FOS during subsequent option periods. The Contractor can anticipate the ROS-5 vessel to be in FOS to perform one dock trial per year 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.

MLPs that are placed in FOS are subject to deployment for indefinite periods of time.

1.1.5.2 Option. The contract includes an option for operation and maintenance services of a third MLP ship

(USNS LEWIS B. PULLER). If this option is exercised, the Government anticipates that the third MLP ship will be maintained in FOS.

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 based upon 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). Crews will work five (5) days a week, Monday –Friday (except for those

National Holiday specified in the Collective Bargaining Agreements). One officer shall be retained onboard the ship 24 hours a day, including weekends and holidays.

1.1.5.4.3 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 from 0800 to 1700 hours, Monday – Friday (except for those National holidays specified in the Collective Bargaining Agreements). During ROS-5 periods, one officer shall be retained onboard the ship 24 hours a day, including weekends and holidays to fulfill security requirements (also see B-1.8).

1.1.5.4.4 ROS - Undefined Crew. Ships normally maintained in FOS may on occasion be required to enter short term periods of ROS (as differentiated from long-term ROS-5). During these ROS periods crews will work five (5) days a week, Monday – Friday (except for those National holidays specified in the Collective Bargaining Agreements). One officer shall be retained onboard the ship 24 hours a day, including weekends and holidays to fulfill security requirements (also see B-1.7).

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).

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 a 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. 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 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 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 or 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 items or services which are reimbursable.

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 a safe and professional manner in accordance with United States Coast Guard (USCG) and the American Bureau of Shipping (ABS) rules and regulations. The Contractor shall maintain each ship and its installed equipment in good working order and accomplish alterations as directed by the Government including identifying, prioritizing and managing repairs in accordance with Section 6 of the MLP Technical Manual.

1.1.13.2 Mobile Landing Platform (MLP). The MLP concept is based on a modified commercial tanker design and provides two main functions:

1.1.13.2.1 MLP Connector. An at-sea connector between specific Large Medium Speed Roll-On/Roll-Off (LMSR) ships and smaller craft to facilitate the transfer of vehicles and equipment from the LMSR or other craft to shore via the connectors and vice versa. The full MLP capability is achieved when the mission system, called the Core Capability Set (CCS) is installed on the MLP post delivery (via a separate NAVSEA contract). Also, LMSR side port ramps (now designated Vehicle Transfer Ramps) will be sourced from MPS LMSRs, undergo minor modifications (via tasking to the LMSR operators) and be provided as GFE as part of the CCS installation.

1.1.13.2.2 FLO/FLO Function. A float-on/Float-off (FLO/FLO) platform to transport DOD cargo point to point.

The installed mission system (CCS) will need to be removed and stowed ashore prior to the FLO/FLO mission. The CCS will then be reinstalled after the FLO/FLO mission to regain the at-sea connector capability.

1.1.13.2.3 Experienced Ship Handling Expert. During the approach and transfer operations at sea, the master of the MLP shall be aided and advised by an experienced ship handling expert. This advisor shall have at least 2 years experience in supervising a large vessel during an approach and maneuver into final position alongside another vessel of similar size while underway, or experience in alongside lighterage transfers of the same nature. In addition, the ship handling expert shall have experience in the following areas:

• Advising Masters of large ships concerning close-in maneuvers with other similar ships.

• Ascertaining the vessels' design and condition are up to par for the operation.

• Ensuring officers of both the vessels to be joined comply with safety requirements to avoid incidents, dangerous practices or oil spills.

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-skin 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, which must be accounted for periodically per required by Section 15.7.3 of the MLP Technical Manual.

With the Core Capability Set (CCS) removed, the MLP provides a maximum of:

• 82,820 sq. ft. of cargo stowage deck

• 22,640 LT of lift capacity (MLP 1) and 11,800 LT of lift capacity (MLP 2)

• 16.4 ft clearance of water over the deck for FLO/FLO operations

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 MLP fueling system consists of two (2) on deck diesel fueling stations with attached piping, pumps, hoses, tanks and filler nozzles. The Contractor is obliged to ensure the fueling system is operated in accordance with the fuel system 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; no other information may 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. MSC Area Commands will assist ship Masters with matters of asserting US vessel sovereign immunity overseas when assistance is required.

1.1.13.7 Vessel Operation. The Contractor shall operate each ship 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, accomplish alterations as directed or authorized by the Government and identify, prioritize and manage repairs in accordance with Section 6 of the MLP Technical Manual.

1.1.13.8 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 and abide by 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

• Routinely inform MSC of status of ships systems or equipment which may require additional repairs or upgrades

1.1.13.9 Work Rules for 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 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

1.1.13.10 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 USCG regulations.

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 ship’s operation and mission as described 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. When directed by the Government, the Contractor shall arrange for bunkers. The ship shall be prepared to get underway by the Contractor in order to depart its lay berths at the end of the specified 5-day ROS reactivation period. The ship will then proceed as ordered.

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 28 of the MLP Technical Manual (ROS-5 to FOS Checklists) for approval by the Government 30 days after contract award in accordance with F-5. The Contractor shall maintain the transition plans and shall provide copies of, updates, or changes to the COR. The transition plans shall incorporate the requirements of Section 28 and shall 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 achieved.

1.1.14.2 FOS Certification. During any ROS to FOS activation period the Contractor will continue to receive the contracted ROS-5 per diem rate until the COR certifies to the Contracting Officer that FOS is achieved.

The Contractor shall comply with the checklist per the MLP Technical Manual Section 28.

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 to 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 ROS Certification. During the FOS to ROS deactivation period the Contractor will continue to receive the contracted FOS per diem rate until the COR certifies to the Contracting Officer that ROS-5 is achieved.

The Contractor shall comply with the checklist per the MLP Technical Manual Section 28.

1.1.15 Standard Operating Manual (SOM). The Standard Operating Manual, COMSCINST 3121.9 Series is the primary MSC instruction addressing the unique mission of the MSC fleet. It is applicable to the subject ship(s) and compliance there with is mandatory. 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 the terms of Section A through J or the Technical Manual of this contract conflict, the terms of Sections A through J or the Technical Manual 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 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 occurrences in accordance with report form CG-2692 guidelines.

• 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 during FOS 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) first 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. If directed to obtain salvage services for the MLP, the contractor shall obtain such services, and the cost of those services shall be reimbursable in accordance with G-8.

1.1.21 Diving Operations. The Contractor shall obtain 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 Manufacturers’ Technical Manuals, United States Coast Guard (USCG) regulations based on 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. Regardless of the length or nature of a port visit, the Contractor shall ensure that the ships are fully capable of getting underway to perform the assigned mission within twenty-four (24) hours of receipt of sailing orders, unless an applicable Casualty Report (CASREP) has been transmitted. Each ship in ROS-5 shall be fully capable of getting underway and performing the assigned mission within 5 days of receipt of activation orders. 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-1.1.17 –Emergency 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.

1.2.2.1 In Port Maintenance. In those cases where anticipated maintenance, repair or regulatory body activities will prevent any ship from getting underway and performing the assigned mission within twenty-four (24) hours, the Contractor shall immediately notify the Operational Commander, MSC Area Commander and Contracting Officer. This notice shall set forth the specific nature of the delay, the estimated time required to accomplish the work as described, and any viable alternatives that would enable the ship to meet the designated 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 delaying work. Regardless of the circumstances, the consent requirements of Section C-2.6.1(Industrial Assistance) shall be followed.

1.2.2.2 Ship Voyage Repairs or Industrial Assistance in Port. 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 in any of the following cases:

• 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 and the Government determines possible savings warrant consent.

1.2.2.3 Ship Readiness 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 .

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 onboard not less than one year or until bunkers have been expended.

1.2.4 Fuel Bunkering. The Contractor shall comply with 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 Logistics Agency - Energy (DLA-E) military stocks or through a DLA-E 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.