N00033-13-R-3210_-_WATSON_LMSR_solicitation.doc

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 (for explosives, ammunition see Section B-1.6 below) 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-1.2 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-1.2 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 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 amount 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. All supplies, services, or expenses of any kind identified anywhere in this contract as reimbursable shall be reimbursable only pursuant to the terms and limitations provided at Section G-8. Some expenses identified as reimbursable are further restricted in reimbursement (e.g., requiring prior Contracting Officer approval), and such further restrictions are provided in the sections identifying the expense as reimbursable.

If there is any inconsistency between sections A through J of this contract and the LMSR Technical Manual, sections A through J shall govern.

1.3 Estimates. All quantities are estimates unless specifically guaranteed.

1.4 CLIN Structure. The CLIN structure may be unilaterally changed by the Government anytime during the life of the contract to accommodate the funding format. The Government may also unilaterally use incremental funding and set the schedule of funding, in accordance with DFARS 252.232-7007.

1.5 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.

1.6 Full Operating Status (FOS). Although it is anticipated that all ships on Marine Corps prepositioning duty and select ships on Army prepositioning duty will upload sufficient quantities of ammunition/explosive material to warrant payment of an Ammo Bonus to crewmembers, offerors shall provide FOS per diem rates on Form B with and without inclusion of ammo bonus premium. The FOS per diem rate without ammo bonus shall apply when a ship in not carrying ammunition or when a ship carries dangerous cargo in a quantity less than 50 long tons.

1.7 Reduced Operating Status (ROS-4). The ROS-4 per diem rates provided under this contract shall be payable at the applicable, fully burdened per diem rates stipulated in Section J, Pricing Sheet A. Said payment shall be considered payment in full for all ROS-4 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.

1.8 Reduced Operating Status – Undefined Crew (ROS-UC). The Government reserves the right to designate an alternate reduced operating status other than ROS-4. 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 prices for supplies and services 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. In attachment “Form A - Pricing Sheets A B and C.xls”, the contractor shall complete each tab, including Pricing Sheet C, Schedule of Total Daily Crew Costs (listed in Section J), which includes base wages, overtime, taxes, and all fringe benefits for each ship and each year of the performance period for FOS. Pricing Sheet 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 Pricing Sheet C reflect, as a minimum, the wage and fringe benefits levels contained in the Attachment B, Department of Labor Wage Determination listed in Section J.

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 those specifically authorized by the contract or approved by the Contracting Officer.

FUNDING INFORMATION ONLY

Two CLINS (Per Diem and Reimbursables) will be provided for each ship for each contract year. Below is the general CLIN structure that will be used for the fixed-price elements of the contract. This is subject to change at the unilateral discretion of the Government.

The parent CLINs will be established as follows:

First Option Period

Second Option Period

Third Option Period

Fourth Option Period

The sub-CLINs will use the following format:

Per Diem Rates (Exp Type 25213)

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

1.13 Schedule of Per Diem Rates. The following per diem rates shall be payable in accordance with Section B, and will be completed prior to award.

Section C - Descriptions and Specifications

SECTION C

SECTION C - Descriptions and Specifications

1 OPERATIONS AND MANNING

1.1. Scope of Work/Mission. The contractor shall operate and maintain eight (8) Large, Medium-Speed, Roll-On/Roll-Off vessels (LMSRs). The vessels, USNS WATSON, USNS SISLER, USNS DAHL, USNS RED CLOUD, USNS CHARLTON, USNS WATKINS, USNS POMEROY, and USNS SODERMAN are employed in the worldwide prepositioning of Government cargo, including but not limited to: hazardous, explosive/ammunition, vehicular, bulk, and general cargoes. USNS DAHL and USNS SISLER have NAVAIR certified flight decks and have a slightly different configuration in support of mission requirements specific to the United States Marine Corps. The ships may also be used for other Government missions, or in the absence of a defined mission, may be placed in reduced operating status (ROS) as directed. The ships shall be operated in a professional manner, maintained in good condition, and shall be mission-ready at all times.

1.1.1. Concept of Operations. The contractor shall operate the ships and related ship systems and equipment in accordance with U.S. Code of Federal Regulations and the American Bureau of Shipping (ABS) rules and regulations. At contract performance commencement and throughout the performance period of this contract, it is anticipated that all of the ships will be in Full Operating Status (FOS) except as noted below. The ships will return to the Continental United States (CONUS) approximately every three (3) years for maintenance of cargo and overhaul. During these cargo maintenance and ship overhaul periods, the Government may direct ships to be placed into a Reduced Operating Status (ROS). Anticipated OPTEMPO is described below:

1.1.1.1. FOS. The Government estimates that the ships will spend approximately 100% of the time fully manned in FOS status during the contract performance period. FOS OPTEMPO typically consists of 75% in port operations (at anchor or pier side) and 25% underway operations. Actual in port and underway percentages may vary. Underway periods consist of, but are not limited to, independent steaming, convoy operations and transits to/from selected ports for vessel and cargo maintenance or for the loading/discharging of cargo.

1.1.1.2. ROS. The Government estimates that the ships will spend approximately 0% of the time in ROS status with reduced manning during the contract performance period. This estimate includes time spent in shipyard availabilities in ROS/RAV status. ROS OPTEMPO typically consists of 100% in port operations (pier side or on dry dock). If the ship is required to get underway, an activation notice may be issued by the contracting officer and the ship may be required to transition to FOS status.

1.1.2. Area of Operations. The ships and the cargoes are designed for worldwide, extended independent underway operations in remote geographic locations. Therefore, self-sufficiency in operations and maintenance is an important mission requirement. The Government anticipates that at the start of this contract, the ships will be prepositioned in the Western Pacific and Indian Ocean.

1.1.3. 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 or USTRANSCOM. Operational tasking will be the subject of a classified Operational Order (OPORD) or Sailing Order (SAILORD) that specifies exactly how the task will be accomplished. Delay of any ship or diversion from assignment will be reported immediately to the Operational Commander and to MSCHQ.

1.1.4. Hours of Operation

1.1.4.1. FOS. During FOS, the LMSRs will be manned by the FOS crew according to Section 19 (Manning) of the LMSR Technical Manual. Crew members will work eight hours per day, seven days a week (including National Holidays). The contractor will be required to maintain full FOS crew manning 24 hours a day, seven days a week.

1.1.4.2. Repair Availability (RAV). During shipyard availabilities, the LMSRs shall be manned by RAV crew. There must be sufficient crew to support the shipyard 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.

1.1.4.3. ROS-4. During ROS-4, the LMSRs shall be manned by ROS-4 crew according to Section 19 (Manning) of the LMSR Technical Manual. Crews will work eight hours per day, five (5) days a week. During ROS-4 periods, one officer shall be retained onboard the ship evenings, weekends, and National Holidays.

1.1.5. Weather Operations

1.1.5.1. Weather Information and Ship Routing. The Naval Oceanography Centers will provide Optimum Track Ship Routing (OTSR) 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 the ships 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 OTSR by Navy Meteorological Command Instructions (NAVMETOCCOMINST 3140.1 (series)).

1.1.5.2. Severe and Destructive Weather Plan The Severe and Destructive Weather Plan identifies those measures to be taken by the crew to prepare a ship for severe weather, to include getting underway in 96 hours or less and in accordance with USCG Certificate of Inspections (COI) Manning. The contractor shall ensure the ships maintain and implement the Severe and Destructive Weather Plan in accordance with Operational Commanders’ guidelines, COMSCINST 3141.2 (series). When a storm condition is set in the Area of Operations (AOR) and any ship is in port or underway within the storm-related area, the ship shall submit an initial status report within one (1) hour of notification of the condition being set.

1.1.6. Port Services. The Government will furnish port services or reimburse the contractor for actual costs of port services in accordance with 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 or 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 cost for port services and shall notify the Contracting Officer if such charges appear excessive prior to any ship entering port. The Government will reimburse canal tolls, port/local dues and taxes (provided the contractor exercises due diligence in seeking on behalf of the Government immunity 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 together with supporting documentation. The Government will not reimburse the contractor for expenses incurred by the contractor for services rendered for the convenience of any ship, its crew, or in connection with the contractor's business. Fumigation/Pest Control will be 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).

1.1.7. Diplomatic Clearances. The Government will obtain diplomatic clearances, operational area clearances, and explosive event waivers when and where required.

1.1.8. Husbanding Agent Appointments. The Government will reimburse the contractor for customary fees 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 will have the option of directing the contractor to use a specific commercial or Government agent in any port.

1.1.9. 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 as soon as the Government provides this system to the contractor.

1.1.10. Mail. The ships are assigned a Navy Fleet Post Office (FPO) address 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). The contractor shall ensure each ship transmits via Navy message an updated Mail Routing Indicator (MRI) message and a Cargo Routing message to allow mailings to be properly forwarded. See Section 03.1.4 (Reports A049 and A050) and Section 15.21 (Cargo Routing Messages) of the LMSR Technical Manual for additional instructions on properly informing DoD mail and cargo forwarding services of the ship’s location. The contractor shall pick up, deliver and/or forward any correspondence and parcels with respect to this contract on a daily basis.

1.1.11. Sovereign Immunity. The contractor shall observe all guidelines found in ALMSC 020/06 (Sovereign Immunity Guidelines) and ALMSC 026/09 (Sovereign Immunity Further Guidelines) for MSC Ship Masters, which shall be provided upon contract award. 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.

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

1.1.13. 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 and any additional 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.

1.1.14. Specific Operational Requirements.

1.1.14.1. Ships in FOS. The contractor shall ensure the ships in FOS are operated in a safe and professional manner, and sail with a full crew. Each ship Master shall comply with MSC sailing orders and operational orders promulgated by the ship’s Operational Commander. The Master shall enforce all laws of the United States and all applicable host nation laws and regulations. In case of emergency, nothing in this contract shall be construed as preventing the Master from taking the most effective action to safeguard life, property and the ship. The Master shall have authority to abort operations temporarily on the basis of clear and present danger to life at sea, and shall inform the OPCOM with an information copy to COMSC and the applicable MSC Area Commander.

1.1.14.2. Ships in ROS. The contractor shall operate each ship in ROS in a safe and professional manner.

· ROS-4: The contractor shall comply with the 4 day activation schedule and other mission tasking as directed by MSC. The contractor shall maintain each ship and its installed equipment in good working order including identifying, prioritizing and managing repairs in accordance with Section 06 (M&R) of the LMSR Technical Manual.

1.1.14.3. ROS Duties and Responsibilities. For ships in ROS 4, 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

· Maintain proficiency in operating shipboard equipment and systems

· Operate, maintain and repair as necessary shipboard equipment and systems, including revision and updating of 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

1.1.14.4. 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

1.1.14.5. Specific Reactivation Events. Any ROS vessel tasked by the operational chain of command 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) or as directed by MSC.

1.1.14.6. Casualty, Incident and Injury Reporting. The contractor shall ensure all casualties , incidents and injuries or deaths are reported in accordance with the requirements of COMSCINST 3121.9 (series) and format of NWP 1-03.1:

· 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 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). 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.

1.1.14.7. Emergency Sorties. Emergency sorties may be required as directed, such as to avoid hazardous weather. When necessary, the contractor will obtain a permit to proceed from the local USCG Captain of the Port (COTP).

1.1.14.8. Helicopter Operations. For ships with NAVAIR certified helicopter flight decks, the contractor shall operate, maintain and man the flight decks in accordance with NAVAIR 00-80R-14 and all other applicable Navy, NAVAIR and MSC instructions for day and night flight operations. See Section C-1.8.4 (Aviation Facility Training) for specific personnel training requirements.

1.1.14.8.1. Helicopter Fire Fighting Teams. In accordance with NAVAIR 00-8R-14, AFFF hoses shall be deployed to the scene using maximum personnel participation. When in place, hose teams shall consist of the AFFF hoses, a minimum of five persons (maximum seven) on each 2-1/2 inch hose; and a minimum of three persons (maximum five) on each 1-1/2 inch hose. A minimum of fourteen (14) crewmembers shall be designated as aviation fire fighting team members during flight operations.

1.1.14.9. Aviation Facilities Certification. The contractor shall meet all requirements to acquire and maintain the Aviation Facilities Certifications. Aviation Facility surveys and inspections shall be arranged by the contractor in accordance with NAVAIR 00-80R-14 and all other applicable Navy, NAVAIR, and MSC instructions.

1.1.14.10. Small Arms Minimum Assignments. At a minimum, each ship shall have five (5) crew member qualified to use a shotgun, three (3) qualified to use an M-9 pistol and two (2) qualified to use an M-14 rifle.

1.1.14.11. Speed Trials. The contractor shall conduct speed trials on a regular basis to demonstrate ships are able to obtain desired 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 09 (Speed Trial Report Template) in the LMSR Technical Manual.

1.1.14.12. Powering Self Assessment Data Collection and Reporting. In order to assess the hull fouling condition and its impact on vessel powering and fuel consumption, MSC requires the procedure described in LMSR Technical Manual Section 08 (Powering Data Collection Procedure) to be performed when the vessel is underway for post overhaul sea trials, during ocean transits, independent steaming exercises while on station, or as directed by the Government. This data will be used in part to determine if a hull cleaning is warranted to reduce fuel consumption while underway. The Powering Self Assessment procedure shall be executed:

· At every post overhaul sea trial if one is performed. Appropriate planning and coordination with the shipyard and third party vendors shall be conducted in advance to allow this evolution to take place within the negotiated sea trial schedule.

· At least once for an ocean transit lasting more than 48 hours sea buoy to sea buoy. For transits greater than 7 days, such as when deploying from or returning to CONUS from a prepositioning location, the first data set shall be collected as soon as possible after reaching the planned voyage speed. Subsequent data sets shall be collected and reported every 7 days thereafter, mission requirements and vessel movement permitting.

· Quarterly during an Independent Steaming Exercise (ISE) while the vessel is forward deployed.

· During Speed Trials while the vessel is at maximum speed.

The contractor shall take all reasonable measures to ensure the proper function and calibration of all instrumentation required to collect the powering data. This instrumentation includes, but is not limited to the Doppler speed log, shaft torsion meters, fuel meters, GPS, and anemometers. The contractor shall also make every reasonable effort to annotate the data sheets with any observations or other comments denoting malfunctioning equipment, suspect readings, and any other information that will put the data into proper operational context and may assist in the analysis of the data by shoreside staff. Data shall be reported per the Powering Self Assessment Report in Section 03.1.2 of the LMSR Technical Manual (Sequence # A022).

1.1.14.13. Diving Operations. The contractor shall obtain the consent of the Contracting Officer in accordance with FAR 52.244-2 and Section G-8 prior to contracting for diving operations.

1.1.14.14. Cargo Handling Equipment. The contractor shall operate and maintain the installed cranes, ramps and platforms in accordance with applicable ABS rules and manufacturer’s instructions and ensure safe and efficient operating conditions. Cargo Cranes shall be operated and maintained in accordance with ABS Cargo Gear Registry requirements. The contractor shall operate and maintain the MHE, such as forklifts, container lift trucks and man lifts in accordance with the manufacturer's instructions and safety guidelines to include: NAVSUP P-538, Management of MHE and Shipboard Mobile Support Equipment, and NAVSEA SW023-AH-WHM-010, Handling Ammunition and Explosives with Industrial Material Handling Equipment.

1.1.14.15. Stevedore Damage. The contractor shall report damage caused to the ship or equipment by stevedores on MSC Form 5880/1 to the local MSC Representative on scene and the Contracting Officer, and shall provide additional investigative assistance when directed by the Contracting Officer. Repair of such stevedore damage shall be reimbursable only in cases in which the Government contracted for or otherwise provided the stevedores. The contractor shall be responsible for damage caused by stevedores contracted for or otherwise provided by the contractor.

1.1.14.16. Explosives Handling. Explosives and ammunition, including pyrotechnics, shall be stowed and handled in accordance with USCG regulation, 49 CFR parts 171 through 176; COMSCINST 8023.4 series Safety Regulations Governing the Handling and Transportation of Ammunition and Other Hazardous Cargoes; and procedures for obtaining waivers or exemptions from relevant navigation and vessel inspection laws and regulations.

1.2. Engineering Operations. The contractor shall operate ship equipment and machinery in accordance with the Manufacturer’s Technical Manuals, MSC policy, Code of Federal Regulations (33 CFR, 46 CFR and 49 CFR), American Bureau of Shipping (ABS) guidance and any applicable local or other jurisdictional requirements. The contractor shall operate the cargo hold climate control systems as required to maintain compliance with required temperature and humidity limits for prepositioning cargo. Section 17 (Cargo Hold Specifications) of the LMSR Technical Manual contains temperature and humidity specifications and reporting requirements.

1.2.1. Unmanned Engine Room Operations. Ships are certified for unmanned engine room operations. The contractor shall operate the engine room in an unmanned mode to the greatest extent possible when in port or at anchorage. All overtime for duty watch responsibilities will be incorporated into the contractor’s fixed rate using the OPTEMPO estimated in this performance work statement as the basis for calculation.

1.2.2. In Port Readiness. FOS ships shall be fully capable of getting underway within twenty-four (24) hours of receipt of sailing orders, unless an applicable Casualty Report (CASREP) has been transmitted. ROS-4 ships shall be fully capable of getting underway and performing the designated mission within 4 days of receipt of activation orders. This shall include sailing with a FOS crew and all other provisions required to bring a vessel from ROS-4 to FOS.

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 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-2.10.2.1 (Industrial Assistance Growth Consent).

1.2.3. Ships in ROS-4. In those cases where anticipated maintenance, repair, or regulatory body activities will prevent the ship from getting underway and performing the assigned mission within four (4) days, 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 (Corrective M&R) of the LMSR 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-2.10.2.1 (IA Growth Consent).

1.2.4. 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. Refer to LMSR Technical Manual Sections 10, 11, 12, and 27 for specific requirements. 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. See LMSR Technical Manual Section 15 (Government Furnished Property) for specific details on Consumables. The grades of fuel authorized for use onboard the ships are set forth in Section 27 of the LMSR Technical Manual.

1.2.4.1. Fuel Bunkering, Quality Assurance, and Consumption Reporting. Bunker fuel requirements for authorized fuel sources, scheduling and receiving bunkers, quality assurance, and consumption reporting can be obtained through the Engineering Process Instruction N0712-3540-001PI (Bunker Fuel Management). Refer also to ALMSC 005/10 (Monthly NEURS Report) and LMSR Technical Manual Section 27 for additional requirements.

1.2.5. Potable Water Conditioning. The ships are equipped with potable water treatment and testing equipment to comply with Section 12.4.3 (Chemical Treatments) of the LMSR 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-Ch 6 (series) (Water Supply Afloat). There shall be maintained onboard each ship a Potable Water Testing and Treatment Log for recording frequency, amount and duration of all potable water treatments in accordance with Section 03.2.2 (Engineering Records B012) of the LMSR Technical Manual.

1.2.6. Energy Conservation. The contractor shall assist the Government in energy conservation efforts. At a minimum the contractor shall:

· Submit for consideration, when identified and as applicable, proven and measurable energy conservation measures that have been adopted by commercial industry both ashore and afloat.

· Maintain optimum plant alignment to safely meet navigation and mission requirements while consuming the least amount of fuel practicable.

· Maintain hull and running gear cleanliness to the extent that operational, budget, and logistical constraints allow.

· Trim vessel to as close to an even keel when underway to the extent that specific fuel, ballast, cargo and hull stress constraint allow.

· Maintain economical speed to the extent operational orders and movement schedules allow.

· Support MSC funded energy audits and provide input to prioritization and implementation of identified energy conservation measures.

1.2.7. 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) (Environmental Readiness Program Manual), COMSCINST 5090.1 (series) 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/Shipboard Oil Pollution Emergency Plan (VRP/SOPEP).

1.2.7.1. Water Pollution. The contractor shall comply with applicable portions of the Federal Water Pollution Control Act (33 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, DoD 4715.6-R1 and COMSCINST 5090.1 (series) (Environmental Protection Program). 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.

1.2.7.2. 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. 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. All oil spills shall be immediately reported directly to the National Response Center, and other parties per OPNAVINST 5090.1 (series) and MSC’s VRP/SOPEP.

1.2.7.3. Ballast Water Management. The contractor shall comply with ballast water exchange requirements contained in OPNAVINST 5090.1 (series) Section 22-10.

1.2.7.4. Graywater Management. The contractor shall properly manage and dispose of graywater in accordance with OPNAVINST 5090.1 (series).

1.2.7.5. Air Pollution. The contractor shall comply with applicable Federal, State and local regulations governing air pollution emissions, and COMSCINST 5090.1 (series). 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.

1.2.7.6. Ozone Depleting Substances. The contractor shall operate and maintain equipment and systems containing Ozone Depleting Substances (ODS) in accordance with manufacturer’s instructions. 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). 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.

1.2.7.7. 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.

1.2.7.8. 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).

1.2.7.8.1. 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.

1.2.7.8.2. 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).

1.2.7.9. Waste Disposal. When disposing of garbage and other solid wastes, the contractor shall comply with COMSCINST 5090.2 (series) as well as applicable provisions of the Act to Prevent Pollution from Ships (33 U.S.C.1901 et seq.) and MARPOL 73/78 Annex V of the International Convention for Prevention of Pollution from Ships.

1.3. Food and Hotel Services. The contractor shall ensure meals and hotel services are provided for the ship’s crewmembers, Embarked Personnel (EP) who are approved by MSC to berth aboard, and other Permanently Embarked Personnel (PEP). The cost for hotel services and meals for EP and PEP shall be reimbursed by the Government as provided in Section C-1.7.3 (Permanently Embarked Personnel).

1.3.1. Inport Visitors. Government personnel or other authorized official personnel not assigned to the ships 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.

1.3.1.1. Reimbursement for Visitor Costs. The contractor shall keep detailed records of meals and hotel services provided, including the names and affiliation of all personnel being served and berthed, and shall submit invoices to PM3 with supporting documentation for reimbursement.

1.3.2. Food Service Records. The contractor shall maintain and make available to COR a record containing the names, rank, and unit/agency of all PEP and other authorized personnel messing aboard the ships, and shall present such documentation when submitting a claim for reimbursement.

1.3.3. Subsistence Endurance Levels. The ships were built to support the contractor's crew and 12 permanently embarked personnel. The contractor shall establish standard records and procedures for use on each ship to ensure that the endurance levels stated below are maintained at all times.

1.3.4. Food Service for Permanently Embarked Personnel (PEP). The contractor shall provide galley-prepared food service. The food provided shall meet or exceed the standards of the Conference for Food Protection/American National Standards Institute (CFP/ANSI) for variety, quality, quantity and nutritional value.

1.3.5. Purchase of Foreign Foods. The contractor shall ensure that foreign meat, fish, poultry and dairy products will be purchased only in quantities required to alleviate an emergency situation and only from approved sources established by the Army and Air Force Veterinary Services or the Navy Medical Service. As necessary and appropriate, the contractor shall request a list of approved food sources in the operating area from the Contracting Officer. The contractor shall further comply with the provisions of COMSCINST 6000.l (series), Medical Manual, and NAVMED P-5010, Chapter 1.

1.3.6. Food Service Health and Safety Inspections. The 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 ensure deficiencies are documented, corrective action taken and the spaces and equipment reinspected to validate corrective actions. 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.

1.3.6.1. Government Inspections. Onboard Condition Inspections (OCI) will be conducted by Government representatives. Portions of the OCI will cover food service operation. These OCI visits include a sanitation inspection. If the ship's food service operation fails the sanitation inspection, 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 IAW Conference for Food Protection (CFP), ANSI and NSF standards. Further, applicable provisions of COMSCINST 6000.1 (series) shall apply.

1.3.6.2. 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 is free of communicable diseases. The examiner’s statement and subsequent annual medical screenings of food handlers shall be confirmed by the contractor as required by COMSCINST 6000.1 (series) Chapter 6, Section 6.5 for such screening. This documentation shall be on file aboard ships for all food service employees currently assigned.

1.3.6.3. Provide Sanitation Services. The contractor shall maintain the ships 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, all food preparation and storage spaces, passages and stairwells shall be inspected no less frequently than monthly in accordance with 46 CFR 91.35-1 (Sanitary Inspections).

1.3.6.4. Provide Pest Control. The contractor shall ensure that all living spaces, recreation lounges, and work areas are free of pests…