N00033-14-R-5300_-_DRAFT_09Jan14.doc

Section B - Supplies or Services and Prices

Days

JHSV-6 Per Diem - Firm Pd (FY15)

FFP

Total per diem O&M charges for JHSV-6 for all statuses for all days within the applicable contract period.

FOB: Destination

NET AMT

Dollars, U.S.

JHSV-6 Reimbursables - Firm Pd (FY15)

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-6 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-7 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-8 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-6 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-7 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-8 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-9 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-10 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-6 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-7 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-9 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-10 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-6 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-7 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-8 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-9 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-10 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-6 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-7 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-8 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-9 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

Days

FFP

Total per diem O&M charges for JHSV-10 for all statuses for all days within the applicable contract period.

NET AMT

Dollars, U.S.

NET AMT

SECTION B

1.0 General. The rates for services provided under this contract shall be payable at the applicable, fully loaded, rates stipulated in Section B. Said payments shall be considered payment in full for all services, equipment, supplies 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. Note: Any number of days identified herein for Full Operating Status (FOS), Reduced Operating Status (ROS), and Repair Availability (RAV), etc., are for pricing and evaluation purposes only. Any representations to operating tempo per year are estimates only.

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

3.0 Pre-delivery Orientation/Familiarization (PDO/F). Each ship has a Pre-Delivery Orientation/Familiarization (PDO/F), NUC-1 through NUC-3 (see Section C-1.2.1). This PDO/F is planned to commence 120-days prior to delivery, but may be longer if new ship delivery is unexpectedly delayed.

3.1 NUC-1 Per Diem. The per diem rate for NUC-1 will include direct costs (wages and fringes for Master, Chief Engineer, Chief Mate, 1st Assistant Engineer and 2nd Assistant Engineer, insurance, and other itemized ship expenses), indirect costs/G&A (not otherwise included in direct costs), profit, lodging, meals and incidental expenses. The NUC-1 rate will apply for the period beginning 120-days prior to ship delivery and ending 60-days prior to ship delivery. These timeframes may change significantly based on changes in anticipated ship deliveries. NUC-1 per diem for each new ship is not associated with FOS, ROS or RAV.

3.2 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), profit, lodging, meals and incidental expenses. The NUC-2 rate will apply for the period beginning 60-days prior to ship delivery and ending 30-days prior to ship delivery. These timeframes may change significantly based on changes in anticipated ship deliveries. NUC-2 per diem for each new ship is not associated with FOS, ROS or RAV.

3.3 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), profit, lodging, meals and incidental expenses. The NUC-3 rate will apply for the period beginning 30-days prior to ship delivery and ending at ship delivery. These timeframes may change significantly based on changes in anticipated ship deliveries. NUC-3 per diem for each new ship is not associated with FOS, ROS or RAV.

4.0

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 the applicable CLIN by the Contracting Officer for reimbursables.

5.0 Estimates.

All quantities are estimates unless specifically guaranteed.

6.0 CLIN Structure. CLIN structure will be provided at award. Two CLINs (per diem and reimbursable) will be provided for each ship for each applicable contract period. This is subject to change at the discretion of the Government.

7.0 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.

8.0 Reduced Operating Status (ROS). The ROS per diem rates provided under this contract shall be payable at the applicable, fully burdened rate stipulated in Form B. The ROS rates shall include all ROS 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.

9.0 Repair Availability (RAV). The RAV per diem rate provided under this contract shall be payable at the applicable, fully burdened rate stipulated in Form B. The RAV rate shall include all RAV 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.

The rate and number of RAV crew beyond the required RAV crew provided in Section 19 of the Tech Manual for the RAV period for conversion of a vessel will be negotiated prior to a ship entering RAV. Wages, fringes and provisions will be negotiated for those RAV periods. If the RAV crew member(s) are unable to stay aboard the vessel and with prior Contracting Officer approval, subsistence and lodging for the RAV crew will be reimbursable.

10.0 Reimbursable Services. The following are reimbursable type expenses authorized by the contract or as approved by the Contracting Officer. Reimbursable expenses are reimbursable at cost only and reflect actual costs. No indirect costs (i.e. overhead and/or general administrative or profit) shall be added to the costs of the reimbursable items in this section.

TABLE OF EXPENDITURE TYPES

(Excluding Capital Hire)

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

OPERATIONS AND MANNING

1.1 General Operations: The Joint High Speed Vessel (JHSV) brings a unique set of operational capabilities to the combatant commanders (CCDRs) and plays a vital role in executing the National Maritime Strategy. It will be a high-speed, highly maneuverable multi-mission platform that will provide CCDRs expanded operational flexibility to support a variety of missions including rapid force closure to and from a variety of ports and sea bases. While it will transport operational combat-ready units, it will not provide an assault capability. It will be capable of transporting nearly all classes of military tactical vehicles plus other cargo, equipment, and personnel in the littoral region. Its shallow draft and maneuverability will allow it to access ports and harbors inaccessible to larger ships thereby increasing options for the embarkation and discharge of units and equipment.

The JHSV is a high-speed, shallow draft surface ship that can transport medium-sized payloads of over 600 short tons or equipped company-sized units rapidly (an average speed of 35 knots) over intra-theater distances (1200 nautical miles). These company-sized units can embark and debark as intact military formations with their vehicles and weapons ready for immediate employment without the need to pause to integrate troops and equipment. The crew will be able to quickly reconfigure loads as mission requirements change.

The JHSV will be an auxiliary (non-warship) vessel designed to operate in permissive environments. In higher threat environments it will operate under the protection of warships or other joint assets. The JHSV is being built to American Bureau of Shipbuilding (ABS) High Speed Naval Craft (HSNC) standards and International Maritime Organization (IMO) High Speed Craft Code and will not be shock hardened. As an intra-theater connector, the JHSV will be capable of self-deploying to the theater of operations and then moving forces and supplies within the theater.

The JHSVs will be assigned to the combatant commands via the Global Force Management Implementation Guidance. The combatant commands will likely assign operational control (OPCON) of JHSVs to the numbered fleet commander who will be responsible for managing the schedule to support the CCDR’s priorities. MSC will coordinate with the numbered fleets to ensure the scheduling process accounts for required annual maintenance.

When the JHSV is tasked to support missions beyond the routine transport of personnel and equipment, it will require an embarked force or an Adaptive Force Package AFP. These additional forces will provide the capability needed to perform missions required by the JHSV Fleet Warfighter CONOPS. The JHSV will not have dedicated AFPs, mission packages, or permanently assigned military personnel. Rather, mission specific packages of personnel and equipment will be task organized and embarked as required.

1.1.1 Scope Of Work/Mission: The Contractor shall provide personnel, operational and technical support ashore and afloat, equipment, tools, provisions and supplies to operate, maintain and repair up to five JHSVs to be delivered in accordance with the schedule in section F. Missions may include but are not limited to: cargo and passenger transport, helicopter operations, Theater Security Cooperation (TSC) conducting Humanitarian Assistance/Disaster Relief (HA/DR) support, Maritime Domain Awareness, Forward Logistics Support, Partnership Stations, Afloat Forward Staging Base Operations, and supporting military exercises. The area of operations will be worldwide. The vessels are designed for extended underway operations in remote geographic areas. The JHSVs will be operated 24 hours a day, 7 days a week unless otherwise directed by the Government. Each ship’s Master will comply with MSC sailing orders and operational orders promulgated by the Operational Commander. Each Master will comply with USCG regulations, local, and host nation laws to the maximum extent practicable.

1.1.2 Order of Precedence: The JHSV Technical Manual provides added detail to Section C for the execution of this contract. The MSC Standard Operating Manual (SOM) and the Safety Management System (SMS) are the primary MSC instructions that address MSC fleet operational execution requirements. In the event Section C conflicts with the JHSV Technical Manual, Section C shall take precedence over the Technical Manual. In the event Section C conflicts with the SOM or SMS, Section C shall take precedence. In the event the Technical Manual conflicts with the SOM and SMS Instructions, the Technical Manual shall take precedence over the SOM and SMS instructions.

1.1.3 Operational Control (OPCON)/Administrative Control (ADCON)/Tactical Control (TACON): Each mission will be the subject of an Operational Order (OPORD) or Sailing Order (SAILORD) that specifies exactly how the mission will be accomplished. OPCON will be exercised by the Operational Commander or Numbered Fleets Commander. ADCON will be exercised by the Sealift Program Office (PM5), Military Sealift Command DC (MSC DC). TACON will be designated by the Operational Commander.

1.1.4 Operational Status: It is anticipated that the JHSVs will be maintained in 90 percent Full Operating Status (FOS) and ready for tasking. The remaining 10 percent of the time, JHSVs are expected to be in Repair Availabilities (RAV) periods. The Government anticipates normal operational tempo during FOS to be 70 percent in port and 30 percent underway. Actual operational tempo/status may vary dramatically by mission and the AOR assigned.

1.1.5 Crew General Duties and Responsibilities: Regardless of whether the ship is Reduced Operating Status ROS-5, ROS-30 or FOS, the Contractor shall be expected to perform the following minimum duties:

· Ensure general care, custody, provisioning, cleanliness of the vessel, including tending mooring arrangements and shore power cables.

· Operate, maintain, and repair shipboard equipment and systems.

· Ensure compliance with ABS Classification Rules and applicable Federal rules and regulations.

· Be available for inspections, audits, and visits by Government personnel.

· Inform the Government on the status of ship systems, equipment, and material condition.

1.1.6 Standard Operating Manual (SOM): COMSCINST 3121.9 (series), also known as the SOM, is the primary MSC instruction that addresses MSC fleet mission execution. It provides policies pertaining to the operation and administration of the MSC fleet and provides a guide to other instructions. Ship’s Masters and Contractor’s shoreside personnel will be familiar with the instruction’s content. In cases where the SOM and this contract conflict, provisions of this contract will take precedence. Nothing in this contract will be construed as preventing the Master from taking the most effective action to safeguard life, property and the vessel. Each Master will have authority to abort operations on the basis of clear and present danger to life at sea, and shall inform the Operational Commander and notify COMSC and the MSC Area Commander as soon as possible on such action taken.

1.1.7 Quality and Safety Management System:

1.1.7.1 Safety Management System To maintain consistent operations and management processes across all JHSV hulls and promote continuous improvement to safety and for incorporation of lessons learned, the Contractor shall use MSC’s Safety Management System (SMS) as guidance in the development of the Contractor’s SMS to be approved by the International Safety Management Code 2002 flag administration (US Coast Guard or USCG’s designee). The list of required minimum procedures is referenced in Section 3 of the JHSV Technical Manual.

The Contractor shall reformat MSC’s SMS including signature block to ensure consistency with the Contractor’s already developed SMS; however each required procedure in Section 3 of the JHSV Tech Manual must be documented. If the Contractor determines that any process is incomplete, unsafe, inaccurate or cannot be met, the Contractor shall submit a Finding Report to the MSC Designated Person (DP) at MSFSCISM-SAFETY@navy.mil. This does not preclude the Contractor from submitting a Non-Conformity or Finding to the Contractor’s own Designated Person. The Finding Report submitted to MSC’s DP will be reviewed by MSC Management (Program and SMS Committee) for consideration and incorporation into the JHSV SMS.

The Contractor shall submit its SMS documents including Safety Management Certificate (SMC) to the Contracting Officer and COR within 60 days from award. The Contracting Officer and COR will ensure that all required procedures are represented. The Government may identify key safety instructions that must be followed aboard the vessel in addition to any identified Regulatory and Contractor imposed requirements.

1.1.7.2 Quality Management System The Contractor shall submit an authorized ISO 9000 Quality Management System (QMS) certificate from a 3rd party auditor within 60 days from award. ISO 9000 consists of ISO 9000, ISO 9001, and ISO 9004, with ISO 9001 outlining the requirements for certification. The Contractor shall maintain its QMS throughout the life of the contract. The Contractor shall notify the government of all External Audits and QMS meetings; the government reserves the right to attend QMS events.

1.2 Pre-delivery Requirements/Crew Schedule

1.2.1 Crew Phase up: In order to provide an orderly transition of the ship(s) from the construction shipyard to the Government (delivery) and then to the operator (turnover), the crew phase-up plan (specified below) will be utilized to provide familiarization and orientation, prior to actual delivery of the ship(s) to the Government.. Accordingly, Contractor performance shall commence upon the arrival date of the NUC 1 crew, prior to the actual turnover of the ship(s) from the Government to the contractor. Training as outlined in Sections 9 and 10 of the Tech Manual will be accomplished during crew phase up.

Nucleus crew 1 (NUC 1):

Master, Chief Engineer, Chief Mate, 1st Assistant Engineer, 2nd Assistant Engineer, Ships Communication Officer Arrive at Austal, USA, Mobile, AL approximately 120 days before scheduled ship delivery.

Nucleus crew 2 (NUC 2)

Remaining crew except steward department Arrive at Austal, USA, Mobile, AL 60 days before scheduled ship delivery.

Nucleus crew 3 (NUC 3) - delivery crew

All personnel not in NUC 1 or NUC 2 Arrive at Austal, USA, Mobile, AL 30 days before ship delivery.

1.2.1.1 NUC Per Diem: The Contractor shall be paid a fixed price per diem rate for NUC-1, NUC-2, and NUC-3 that includes expenses identified under B-3.1, B-3.2 and B-3.3. Payment of the Contractor’s FOS per diem rate will commence upon turnover of the ship(s) from the Government to the Operator, at which time the ships will be FOS unless otherwise directed.

1.2.1.2 Nucleus Crew Transportation, Subsistence and Lodging: Since the Nucleus Crews will not be able to mess or berth aboard vessels during the pre-delivery period, the Contractor must provide lodging, meals and incidental expenses during the pre-delivery period. Costs for crew travel, lodging, per diem and local transportation shall be for the Contractor’s account.

1.2.2 New Construction Ship Delivery: The ship(s) will be turned over to the Contractor immediately after delivery to the Government. During the pre-delivery timeframe, the Contractor will accompany the Government for the review and inventory of the ship and its equipment. See Sections C-1.2.3 Turnover Inspections of New Construction Ship(s) and C-3.2.6 Post-delivery Availability (PDA).

1.2.3 Delivery Inspections of New Construction Ship(s): The ship(s) will be delivered to and accepted by the Government in accordance with guidance provided by NAVSEA and SUPSHIP. The shipyard will deliver each ship clean and ready to receive crew and cargo. To ensure that each ship is in the proper condition for delivery, SUPSHIP, COMSC, and shipyard representatives will conduct a series of joint turnover test, trials and inspections. At the Government’s unilateral option, the prospective Master and Chief Engineer (or their representative) may be invited to attend and observe these events. The events normally occur throughout the pre-delivery period up until the scheduled delivery. These events include but are not limited to Builders Dock and Sea Trials and Acceptance Trials.

1.2.4 Nucleus Crew Responsibilities: The contractor’s crew shall be onsite prior to ship delivery in accordance with Section C-1.2.1 Crew Phase up and will assist MSC Owner’s representatives with the vessel inspection, testing and trials. During crew phase up the crew will be become familiar with the ship’s systems, equipment and lay-out to ensure safe operation after delivery. They will also participate in crew familiarization training that is provided by the construction shipyard prior to delivery. The nucleus crew shall not provide direction to the shipyard contractor, any of its employees, or its sub-contractors. The nucleus crew may attend and observe tests, trials and inspections but does not have authority to act on behalf of the Government and therefore shall not sign any documents of inspection or acceptance.

1.2.4.1 Nucleus Crew Working Hours: During the pre-delivery period, the Nucleus Crews will work eight hours per day, five days a week (including National Holidays).

1.2.4.2 Nucleus Crew Training: The Contractor shall ensure all JHSV crew completes all training identified in sections 9 and 10 of the JHSV Tech Manual during the pre-delivery period.

1.2.4.3 Nucleus Crew Responsibilities: Prior to delivery, NUC 1, NUC 2 and NUC 3 crews will play an active role in preparing the ship for delivery. Responsibilities will include but not be limited to:

· Provide an operator’s perspective, knowledge, and experience to assist in identifying design and workmanship deficiencies.

· Become familiar with and proficient with the operation of the vessels systems and equipment.

· Recommend to the MSC owner’s rep practical and cost conscious solutions to resolve identified problems.

· Assist MSC owner's reps with test and inspection callouts and witness equipment and system tests.

· Review technical manuals and selected record drawings. Make recommendations to the MSC on site Owners Reps.

· Review recommended spare parts lists. Make recommendations to the MSC on site Owners Reps.

· Develop other JHSV specific procedures/documents/checklists (e.g. lockout/tagout, station bill, environmental, aviation, unrep) that are not provided by the Government that are required to ensure safe operation.

· Assist MSC Owner's Representative in development and tracking of trial cards.

· Attend meetings including production, pre-delivery, inspection, telecons, and walk-throughs.

· Assist SUPSHIP and MSC Owners Reps in developing procedures for successful delivery including pre-delivery checklists, post-delivery management plans, and acceptance criteria processes.

· Assisting MSC Owners Reps and SUPSHIP by providing information for design of ships systems, unrep, small boat, armory/magazine, and damage control systems/programs.

· Provide recommendations to MSC Owner’s rep and SUPSHIP on identifying space layout for optimal use of spaces. This assistance is critical for damage control lockers, underway replenishment gear and flight/aviation lockers.

· Observe pre-delivery test and trial events.

· Assist NAVSEA in planning and scheduling Post Delivery Test and Trials (PDT&T) events.

1.3

RESERVED

1.4 Statutory, Regulatory, and Classification Requirements: The Contractor shall operate JHSVs in accordance with guidance and direction from the USCG, local authorities, and international requirements as much as practicable. Any significant deviation from these requirements that are necessitated through operations should be referred to the Contracting Officer.

1.5 Weather Operations: The Naval Oceanography Centers will provide Optimum Track Ship Routing (OTSR) for the JHSVs 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. Due to the unique operational limitations defined by the Safe Operating Envelope (SOE) for the JHSV class, the Contractor shall ensure that Ship Masters request OTSR program routes for planning purposes. The Contractor’s SMS shall contain the MSC Safety Management System severe weather plan (SMS 7.2-008) and the vessels IMO Route Manual.

1.6 In-Port

1.6.1 Services: The Government will either furnish port services in a Government facility or reimburse the Contractor for actual costs of commercial port services in accordance with Section G-7. 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 before using commercial sources. The Contractor shall exercise due diligence to obtain the most fair and reasonable port services, and will notify the Contracting Officer if such charges appear excessive prior to the vessels entering port. As a part of the budgeted amount for port services, 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, along with supporting documentation. The Government will not reimburse the Contractor for expenses incurred by the Contractor for services rendered for the convenience of its crew or in connection with the Contractor's business. Fumigation/Pest Control will not be reimbursable, unless prior authorization is received from the Contracting Officer.

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

1.6.3 Sovereign Immunity: The Master, while performing vessel operations, shall advise foreign authorities that JHSVs are sovereign immune vessels of the United States. Sovereign immunity privileges include immunity from arrest or search (whether in internal, territorial, foreign, or 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.

1.6.4 Mail: The vessels 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 COMSCINST 3121.9. The Contractor shall ensure each vessel 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.

1.6.5 Husbanding Agent Appointments: The Government will reimburse the Contractor, in accordance with Section G, for customary fees 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 in accordance with Section G. The Government retains the right to disapprove proposed agents and 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 for the reimbursable elements.

1.6.6 Foreign Law Enforcement: Masters shall refuse requests from foreign authorities to board, examine, inspect, search the vessel, provide documents, provide physical evidence, provide interviews, or to physically deliver persons on the vessel to foreign authorities. The Master lacks the authority to comply with such a request and shall so advise foreign authorities.

1.6.7 Foreign Port Visits: If requested, the Master may 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 will contain only the names and passport numbers of those personnel. Masters will 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.

1.6.8 Launch Services/Logistics Support in Support of Other Government-Owned Ships: The Contractor may be required to provide launch services or logistics support services for other government owned ships not operated or maintained under this contract as directed by the Contracting Officer when a single subcontract for such services for multiple ships is more efficient or cost effective for the Government. These services will be reimbursable in accordance with Section G-7 of the Contract.

1.7 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) As per SMS procedure 7.1-002, machinery, hull or equipment casualties will be reported in the Navy standard format. For casualties that have class wide impact, have a potential or real impact to safety or the environment, or are of high mission impact, the Government may direct the Contractor to perform a formal Root Cause Analysis (RCA). Reasonable costs associated with RCA will be reimbursable.

· Special Incident Reporting As per SMS procedure 7.1-001, reporting of all accidents or occurrences resulting in damage by or to the vessels, gear or cargo, or injury, or loss of life shall be reported via special incident reporting.

· USCG Notification As per SMS procedure 7.1-004 and MSC/USCG MOA of 2011, the Contractor shall inform the USCG of incidents and casualties in accordance with 46 CFR Chapter 1, Part 4.

1.8 Emergency Sorties: Emergency sorties may be required at the discretion of the Government. Emergency sorties may be directed by the MSC Area Command at any time the Government determines such a sortie is appropriate to avoid hazardous weather and other threats to vessel safety.

1.8.1 Emergency Sortie Costs: For all vessels under this contract, the Government will reimburse the Contractor for additional personnel costs which are incurred as a result of having to hire crew members in excess of the number of crew members set forth in Section 19 of the Technical Manual for each manning status. The Contractor shall be reimbursed these additional personnel costs, including travel expenses, if reasonable and if actually incurred during the emergency sortie. In no event shall the Contractor be reimbursed for indirect costs, overhead or profit associated with this item.

1.9 Helicopter Operations: In accordance with SMS 7.1-001 and NAVAIR 00-80R-14, and all other applicable, Navy, NAVAIR and MSC instructions for day and night helicopter operations, the Contractor shall operate, maintain, and man helicopter flight decks when directed. See Sections C-1.23.5, 1.23.6 and 1.23.7 for manning and training requirements.

1.9.1 Helicopter Fire Fighting Teams: In accordance with the NAVAIR 00-8R-14, AFFF hoses shall be deployed to the scene using maximum personnel participation. When in place, a hose team shall consist of the AFFF hose with 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 during flight operations.

1.10 Aviation Facilities Certification: In accordance with NAVAIR 00-80R-14 and SMS Procedures 7.1-001, the Contractor shall meet all requirements to maintain the Aviation Facilities Certifications. Aviation Facility surveys and inspections will be arranged by the Contractor.

1.11 Warranted-Design Speed Trials: Warranted speed trial will be required annually or as directed by the Contracting Officer. The Contractor shall submit to the COR the completed template provided in Section 2.3 of the Technical Manual (Item A021A) upon completion of trials.

1.12 Waste Disposal: When disposing of plastic, water, and garbage wastes the Contractor shall comply with OPNAV Instruction 5090.1 (series) regarding environmental compliance afloat, COMSCINST 5090.2 series, 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). The contractor shall maintain proper waste disposal practices in all operating scenarios.

1.13

RESERVED

1.14 Cargo Handling Equipment

1. 14.1 Stern Ramp: The Contractor shall operate and maintain the installed ramp in accordance with applicable ABS rules, manufacturer’s instructions and SAMM. Operating conditions and limitations, as dictated by the SOM, shall be observed.

1.14.2 Material Handling Equipment (MHE): The Contractor shall operate and maintain the Government furnished MHE (e.g. forklifts, container lift trailers) in accordance with SMS 7.6-001, manufacturer's instructions and SAMM.

1.14.3 Stevedore Damage: Damage by Government provided Stevedore Contractors to a vessel or its equipment during load or discharge operations will be repaired at the Government’s expense. The Contractor shall report this damage on MSC Form 5880/1 to the MSC Area Command and to the Contracting Officer, and shall provide additional investigative assistance when directed by the Contracting Officer. Upon approval, the Contractor shall take necessary action to correct the stevedore damage and will be reimbursed in accordance with Section G of the contract.

1.14.4 Explosives Handling: Explosives loaded on embarked vehicles, if loaded, will be certified by the embarking organization/unit as “road stowed” for safe passage in accordance with applicable regulations. No handling or movement of ammunition will be allowed in mission bay. Bulk stowage of ammunition is prohibited to be placed on the mission deck, but may be transported on vehicles embarked on the mission deck or containerized in accordance with International Maritime Dangerous Goods (IMDG). The JHSV design does not include magazines for the storage of embarked force ammunition. Ammunition transported aboard the JHSV by embarked forces will be considered cargo ammunition and transported on vehicles stored in the mission deck. Detailed ammunition procedures will be published in the JHSV Ship Loading Characteristic Pamphlet (SLCP). The JHSV provides a small Ready Service Locker for ship’s Force Protection weapons ammunition.

1.15 Engineering Operations

1.15.1 General: The Contractor shall operate the vessel, equipment and machinery in accordance with international regulations, Manufacturer’s Technical Manuals, MSC policy, American Bureau of Shipping (ABS) guidance and any applicable local or other jurisdictional requirements.

1.15.2 In-port Readiness: The Contractor shall ensure that each vessel in FOS is fully capable of getting underway to perform the assigned mission within 24 hours, or as required per SAILORD. For each vessel in ROS-5, the Contractor shall maintain the vessel in a degree of readiness that will enable the Contractor to make the vessel ready for sea and achieve Full Operating Status (FOS) in a period of time not to exceed 5 days. For each vessel in ROS-30, the Contractor shall maintain the vessel in a degree of readiness that will enable the Contractor to make the vessel ready for sea and achieve Full Operating Status (FOS) in a period of time not to exceed 30 days. If a mission-limiting CASREP (as defined in the SOM) has been submitted, then the vessel will get underway upon repair, unless otherwise directed by the Operational Commander.

1.15.3 In-port Maintenance: In those cases where anticipated maintenance, repair, or regulatory body activities will prevent the vessels from getting underway and performing the assigned mission within twenty-four (24) hours, the Contractor shall notify the 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 vessels to maintain the original operating schedule. The Contractor shall request the MSC Area commander’s and Contracting Officer’s permission to proceed with the work described. The Contractor may be required to reschedule the requested work. This notice does not affect the consent requirements of Section C-2.29 (Industrial Assistance Procurement).

1.15.4 Fuel Quality Assurance and Testing: In order to maintain the quality of Diesel Fuel Marine (DFM) in accordance with Section 13 of the Technical Manual, the Contractor shall sample bunker fuel for water, solids and biological growth. The Government will provide the equipment, instructions and training necessary for testing at Government expense.

1.15.5 Fuel Bunkering: The Contractor shall comply with SMS Procedure 7.4-004 when fueling. The Contractor shall be responsible for maintaining and preserving all cleanup kits pursuant to Section C-5.1.3 (Durable Moveable Property)

1.15.6 Fuel, Lubricating/Hydraulic Oil: 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 vessels are set forth in Section 13 of the Technical Manual.

1.15.6.1 Sources of Lube/Hydraulic Oil/ Shipboard Chemicals: The Contractor shall obtain lubricants, hydraulic oil, and shipboard chemicals from a Government identified source of supply. The Contractor shall provide the Government at least ten (10) business days advance notice for all lube/hydraulic oil/chemical requirements. All requests for lube/hydraulic oil/chemicals must be sent to MSCHQ-N7_ORDERS@FTC.NAVY.MIL. See Section 12 of the Technical Manual for additional information. The Government will make available (as Government Furnished Property (GFP)) or reimburse the Contractor for shipboard chemicals, test kits, and services pursuant to Section 12 of the Technical Manual. All samples shall be submitted in accordance with Section 11 of the Technical Manual.

1.15.6.2 Sources of Fuel: The Contractor shall primarily obtain fuel from either Defense Logistics Agency - Energy (DLA-E), either from military stocks or through a DLA-E contract with a commercial supplier. When government sourced fuel is not available, the contractor shall be requested to procure fuel commercially with the prior approval of the contracting officer. The Contractor shall provide the Government at least 10 business days advance notice for all fuel requirements. Section 13 of the Technical Manual provides guideline on how fuel will be acquired by the Contractor.

1.15.7

RESERVED.

1.15.8

RESERVED.

1.15.9 Environmental Protection and Enhancement: In accordance with SMS2.2-005. the Contractor shall monitor and control vessel system operation and waste disposal and comply with the MSC and Navy policy COMSCINST 5090.1 (series), Environmental Protection Program; COMSCINST 5090.2 (series), Disposal of Solid Waste in the Marine Environment; COMSCINST 5090.3 (series), Shipboard Management of Ozone Depleting Substances, 40 CFR Part 82 subpart B (ODS); COMSCINST 5090.4 (series), Afloat Oil-Hazardous Substance Spill Drill and Command Post Exercise Program; and MSC Vessel Response Plan (VRP)/Shipboard Oil Pollution Emergency Plan (SOPEP).

1.15.10 Sewage Treatment Plant (STP): The Contractor shall maintain and operate the installed STP in accordance with SMS 2.2-005 and the manufacturer’s instructions, applicable USCG regulations, Clean Water Act, Uniform National Discharge Standards (UNDS), international regulations, and other applicable statutes and regulations, to preclude the contamination of harbors, rivers, channels, or other restricted areas with untreated sewage and/or graywater.

1.15.11 Refrigerated Containers: JHSVs may be required to carry refrigerated containers. The Contractor shall maintain refrigerated containers, cargo containers that are loaded on the vessels, track and record container temperatures and perform maintenance on the containers reefer system.

1.15.12 Oil and Water Pollution: In accordance with SMS 2.2-003, the Contractor shall comply with the applicable portions of the Federal Water Pollution Control Act (Clean Water Act or CWA), 33 U.S.C. § 1251 et seq., including the Uniform National Discharge Standards for vessels of the Armed Forces, applicable OPNAV and COMSC Instructions, SMS7.4-002 and 7.4-009 (VRP/SOPEP), and with any other applicable statutes and regulations. All Oil or Hazardous Substances (OHS) incidents will be reported directly to the applicable National Response Center, Navy On Scene Commander (NOSC) and the MSC Area Commander. The Contractor shall maintain and operate all shipboard equipment required for regulatory compliance in accordance with the manufacturer’s instructions. While in U.S.