USEC_RFP_FINAL.doc

Section A - Solicitation/Contract Form

SECTION A

MSC CONTRACT N00033-14-C-2001

SPECIAL TIME

UNDER FAR PART 15

1.

This Request for Proposals (RFP) is a solicitation for offers to perform a Charter Party (the “contract” or “Charter”) in accordance with the terms and conditions herein.

2.

The Charter, when awarded, will consist of the completed Standard Form SF-33, this Preamble, the Box format, included in Section B, and Section B, “Supplies or Services and Prices” through Section J, “List of Attachments,” and the attachments themselves.

3.

The signature of the Contracting Officer on the SF-33 signifies acceptance of the Contractor’s proposal and award of the Charter. The SF-33, the Box format and Sections B through J contain in full all of the amendments, references, responses, deletions, additions and interlineations made by both parties to the RFP and the proposal as of the Charter Party date. In the event that there is any inconsistency between the terms and conditions of this solicitation and those in an Offeror’s proposal, this solicitation shall control, unless the Offeror clearly indicates that it has offered terms and conditions inconsistent with this solicitation and the Government has accepted the changed terms and conditions. All references to boxes in Section B through M shall be to the Box format unless otherwise stated.

Each part and each portion of each part of this Charter Party shall be deemed severable, and should any part or any portion thereof be held invalid, illegal, or unenforceable, the remaining Parts and portions thereof shall continue in full force and effect. The headings herein are for the sake of convenience and reference only, and shall not affect the interpretation of this Charter Party.

Section B - Supplies or Services and Prices

BASE PERIOD CHARTER HIRE

FFP

FOS: $_____/ day

ROS (<10 days): $_____ / day

ROS (>10 days): $_____ / day

FOB: Destination

NET AMT

BASE PERIOD REIMBURSABLES

NET AMT

FFP

FOS: $_____/ day

ROS (<10 days): $_____ / day

NET AMT

NET AMT

FFP

FOS: $_____/ day

ROS (<10 days): $_____ / day

NET AMT

NET AMT

SECTION B

SECTION B

B-1

BOX FORMAT

Vessel(s):

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

Solicitation Number (date):

N00033-14-R-2001 (07 February 2014)

Contract Number (date):

TBD

1. Vessel Required:

See RFP Section C

2. Place/Range of Delivery:

US East Coast, or as mutually agreed to by the parties.

3. Place/Range of Redelivery:

US East Coast, or as mutually agreed to by the parties.

4. Charter Period

365-days firm period with two 1-year options.

5. Lay Days:

On or about 01 September 2014

OR

In direct continuation

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

Vessel(s):

UNLESS OTHERWISE SPECIFIED, PROPOSAL IS FIRM FOR 90 DAYS FROM THE TIME OF PROPOSAL RECIEPT IN ACCORDANCE WITH RFP SECTION L-3.7.

9. Amendments Acknowledged (amendment numbers and dates)

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

13. - 17. RESERVED

Vessel(s):

PER DIEM RATES

FIRM PERIOD

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS RATE

(ROS 10 DAYS AND LONGER)

18A.

USD per diem

FIRST OPTION PERIOD

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS RATE

(ROS 10 DAYS AND LONGER)

18B.

USD per diem

SECOND OPTION PERIOD

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS RATE

(ROS 10 DAYS AND LONGER)

18C.

USD per diem

21. Indicate crewing arrangements during ROS (Less Than 10 Days) and ROS (10 Days and Longer):

22. Other Costs:

22. Other Costs (continued):

Cancellation Fee: The Contractor and Government agree the purpose of this clause is to induce the Contractor to offer to and to provide the required services when the Contractor otherwise would not offer to provide them because of the Contractor's inability to recover its out-of-pocket costs in the event the Government does not exercise an option to extend the term of the contract or terminates the contract for the convenience of the Government.

In the event the Government does not exercise an option to extend the term of the contract or terminates the contract for convenience, the Contractor shall be entitled to not-to-exceed cancellation costs subject to the following conditions and according to the following schedule:

Prior to Delivery (of vessel or layberth) $ 0.00

During Fixed Performance Period

$ 0.00

During 1st Option Performance Period $ 0.00 During 2nd Option Performance Period $ 0.00 "Cancellation costs" means, and only means, costs specifically identified by the Contractor in its proposal and actually incurred by the Contractor between contract award and vessel delivery to the Government including, and limited to, the following categories of costs: costs incurred by the Contractor for vessel acquisition, reflagging costs and modification, or conversion costs, and only to the extent such modification, or conversion costs were incurred in order for the vessel to meet contract requirements. The Government will ensure it has sufficient working capital funds for these cancellation costs.

When requesting payment of cancellation costs, the Contractor shall provide evidence satisfactory to the Contracting Officer verifying that Contractor actually incurred the specified categories of cancellation costs prior to delivery of the vessel to the Government and the amount thereof.

The cancellation costs must be reasonable, allowable, and allocable to the contract. The Government will not be obligated in any event to reimburse the Contractor for the specified categories of cancellation costs in excess of the amount allotted in the schedule above for each contract period regardless of anything to the contrary in the clause entitled

"Termination for Convenience of the Government." The Contractor agrees that payment of the specified cancellation costs according to the schedule above for any contract period fully compensates the Contractor for the specified categories of cancellation costs. The Contractor waives any right it may have to claim any additional costs for the specified categories of cancellation costs in the event such cancellation costs become payable, whether as a result of a termination for convenience or as a result of the Government's failure to exercise an option. As used in this clause, the total amount payable by the Government for the specified categories of cancellation costs in the event the Government does not exercise an option or terminates the contract for convenience is as set forth in the schedule above.

This clause does not limit the rights of the Government under the clause entitled "Default" or under the clause entitled "Termination for Convenience of the Government."

Note: Pursuant to 10 USC§2401, the Government is prohibited from entering into a vessel lease or charter that contains a substantial termination liability. Offerors who submit substantial termination liabilities will not be considered for award. A substantial termination liability is defined by the statute as:

i.

An agreement by the U.S., under the contract, to pay an amount greater than 25% of the value of the vessel for the termination liability; or ii.

An agreement by the U.S., under the contract, to pay an amount greater than 50% of the value of the vessel for the sum of the termination liability and the value of the total payments attributable to capital-hire.

Vessel(s):

LAYDAYS PROPOSED

GENERAL

a. (ft)

b. (m)

a. (ft)

b. (m)

a. (ft)

b. (m)

a. (ft)

b. (m)

a (LT)

b. (M)

a. (ft)

b. (m)

a. (hp)

b. (Kw)

a. (hp)

b. (kW)

48. Classification society entered and class assigned:

No

Vessel(s):

GEAR

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

CASUALTIES/DEFICIENCIES

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

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

Vessel(s):

FUEL CONSUMPTION AT SERVICE SPEEDS

FUEL CONSUMPTION AT VARIABLE SPEEDS

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

63A: Grades Consumed:

63 B. LADEN TO SUMMER MARKS

Knots

(NM)

Net bbls per mile Net bbls per day Operating

Range

01>

02>

03>

PLEASE COMPLETE BOX 63B IN ENTIRETY

04>

05>

06>

07>

08>

09>

10>

11>

12>

13>

14>

15>

Vessel(s):

FUEL GRADE

64. Minimum vessel fuel specifications

Vessel(s):

B-2

CHARTER HIRE

B-2.1 Hire Rates. Charter hire for services under this Charter Party shall be payable at the applicable rates stipulated in Boxes 18–20 and shall be earned at the expiration of each fifteen (15) days of the charter period. Except as otherwise provided herein, said hire rates shall be considered payment in full for all services of the Vessel and Associated Equipment under this Charter including all overtime, penalty time, bonuses, payments, and emoluments payable to Master, Officers, and crew for services under this Charter, irrespective of the geographic scope of said service. Said hire rates are exclusive of the costs of fuel and port charges, which are addressed at Section H-19 (Fuel) and H-30 (Port Charges and Expenses), respectively.

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

B-2.3 CLIN STRUCTURE. The CLIN structure may be unilaterally changed by the Government at award to accommodate the funding format.

FUNDING INFORMATION ONLY

(To be completed by the Government after contract award)

FOS Rate: $ / day

ROS <10 days Rate: $ / day

ROS >10 days Rate: $ / day

FOS Rate: $ / day

ROS <10 days Rate: $ / day

ROS >10 days Rate: $ / day

FOS Rate: $ / day

ROS <10 days Rate: $ / day

ROS >10 days Rate: $ / day

Section C - Descriptions and Specifications

SECTION C

C-1.0 GENERAL

C-1.1 Scope of Work/Mission. The following paragraphs describe the general Scope of the Performance Work Statement.

C-1.2 Mission. The vessel shall serve as host/support ship for Naval Special Warfare East Coast Surface Support Craft and accompany Submersible Ship Guided Missile Nuclear (SSGN) and Fast Attack Submarine (SSN) on Dry Deck Shelter certification and training exercises. The vessel shall serve host to twenty-five (25) sponsor personnel. Additionally, the vessel shall support local pier side training, diver training, coxswain training, SEAL Delivery Vehicle (SDV), Dry Deck Shelter (DDS) and Dry Combat Submersible (DCS) operator training and surrogate SSGN/SSN training vessel operations. Vessel shall be used to provide hyperbaric chamber services for emergencies and routine decompression operations, replenishment/minor maintenance support, and personnel support. The vessel shall store flares in a pyrotechnically Ready Service Locker (RSL) as required by diver operations, gasoline, and carry a certified hyperbaric chamber per USCG requirements.

C-1.3 Operational Support. Services shall include but not be limited to the following:

a. Support local pier side and underway training, diver training, coxswain training, SEAL Delivery Vehicle (SDV) operator training and surrogate SSGN/SSN training vessel operations.

b. Support hyperbaric chamber services

c. Replenishment/minor maintenance support

C-1.4 Operational Control (OPCON). Naval Special Warfare Command (SPECWAR).

C-1.5 Area of Operations. The vessel will normally operate in (but is not restricted to) the area near Little Creek VA, AUTEC (Atlantic Undersea Test and Evaluation Center) Bahamas Islands, Port Canaveral FL, and Key West FL. Vessel will be home ported in Little Creek Virginia. The ship may be reassigned to the West Coast with 30 days notification.

C-1.6 Operating Tempo (OPTEMPO).

a. Schedule (OPTEMPO): 24 hours a day, seven days a week, whether at sea or in port.

b. Percent of time underway at transit speed (10 knots): 16%

c. Percent of time underway at slow speeds/loiter speed (5 knots): 33%

d. Percent of time in port: 51% (a majority of this time may be spent in a port other than Little Creek) C-1.7 Ship Clearances. The Government will secure diplomatic clearances and operational area clearances when and where required.

C-1.8. Certifications. The vessel shall be certified by the USCG under Subchapter I (Cargo and Miscellaneous Vessel) and classed by either the American Bureau of Shipping (ABS) (A1 AMS) or an equivalent International Association of Classification Societies (IACS) member society.

C-1.9 Quality System. The contractor shall develop and maintain a certified safety management system which fulfills the requirements of the International Maritime Organization’s (IMO) International Safety Management Code (ISM). This system can be developed and implemented in conjunction with the contractor’s existing Quality System or an internationally accepted and certified system. The contractor shall obtain and maintain ISM certification both ashore (Document of Compliance) (DOC) and afloat (Safety Management Certificate) (SMC) for the ship from a USCG approved certifying body. The DOC and SMC shall be in place at delivery. The COR may inspect these systems to ensure compliance.

C-1.10 Manning Plan. The contractor shall submit a manning plan illustrating the crew level to meet all mission/Government requirements including crewing requirement within 30 days of award.

C-1.11 Personnel Contingency Plan. The contractor shall develop a contingency plan adequate to ensure that there will be no interruption of operations and maintenance service due to labor disruption within the service provider's own labor force. The contingency plan must also include a plan to address substitution of personnel when qualified/trained personnel are not available due to leave, sickness, death, etc. The contractor shall submit the plan to the Contracting Officer thirty (30) calendar days after contract award.

C-2.0 VESSEL REQUIREMENTS.

C-2.1 Vessel Characteristics.

C-2.1.1 Flag. The Vessel shall be a Jones Act qualified U.S.-flagged vessel.

C-2.1.2 Minimum Range and Transit Speed. 3,000 nautical miles (NM) at a minimum speed of 10 knots.

C-2.1.3 Endurance. Minimum of 28 days without resupply for 25 embarked sponsor personnel.

C-2.1.4 Open Deck Space. Minimum of 2,000sq. ft of contiguous open deck space.

C-2.1.5 Deck Strength.

The vessel must have sufficient deck strength to load and transport the following GFE/CFE within the contiguous open deck space:

· One NAVSEA certified Standard Navy Double-Lock Recompression Chamber System (SNDLRCS) including an Air Supply Rack Assembly (ASRA): consists of a standard 20' x 8' x 8' ISO shipping container 25,000 lb fully loaded

· One (1) Recompression Chamber Life Support Skid (10’x 8’, 14,000 lbs)

· Mission-specific support vans (two (2) 8’x8’x20’ MILVANS, weighing up to 7,500 lbs. each)

· Six (6) Combat Rubber Raiding Craft (CRRCs) (Zodiac boats, models F470 and G4702.(12 ft x 6 ft x 2.5 ft, 265 lbs )

· Two (2) 30-ft Rigid Hull Inflatable Boats (RHIBs) (30’x10’, 12,000 lbs each)

· Two (2) 24-ft. Rigid Hull Inflatable Boats (RHIBs) (34’x 9’, 9,000 lbs. each)

· Two (2) total SDVs weighing approximately 6,000 lbs. each (approximately 8,000 lbs each with water entrained; dimensions approximately 26.5 ft. x 7.55 ft. x 5 ft.)

· Two (2) RHIB Cradles (20’ x 8’, 1500 lbs each)

· One (1) SDV Battery Charger (8’x 8’, 6500 lbs)

· One (1) Air Compressor for Chamber Support and Scuba Charging (6’x 4’, approximately 2300 lbs)

· One (1) Jet Ski (13’ x 5’, 1500 lbs)

· One (1) 450 Gallon Gasoline Stowage Tank (5’ x 5’, 5700 lbs) (Contractor Furnished Equipment (CFE))

· One (1) Ready Service Locker (RSL) (5’ x 5’, 2000 lbs)

· One (1) Dry Submersibles (24.6 x 8.2’, 30,000 lbs) (Lithium battery powered) C-2.1.6 Maximum Draft. 25 feet C-2.1.7 Sea/Station Keeping. The vessel shall be equipped with an operable bow thruster and an operable Dynamic Positioning System Level Zero (0) or equivalent. The vessel shall be capable of maintaining a specific heading at speeds of one knot or greater and maintaining station within a 150-foot radius of the established position in conditions up to and including winds of 30 knots and Sea State 5 (up to 12 feet).

C-2.2 Craft Launch and Recovery System: The vessel shall be equipped with a launch and recovery system capable of launching and recovering CRRCs, RHIBs, DCS, and SDVs. The launch and recovery system shall be capable of lifting and supporting 30,000 lbs per manned craft and included interface equipment.

The contractor shall be able to demonstrate that the launch and recovery system was manufactured in accordance with Navy standards or a recognized classification society standard (ABS Rules for Building and Classing Underwater Vehicles, Systems and Hyperbaric Facilities or equivalent) standard.

The contractor shall provide a safe means of controlling the motion of the craft during launch and recovery operations in order to prevent injury to personnel, both embarked and on deck, and damage to the craft..

The contractor shall be responsible for assisting Government personnel with loading, securing, and discharging mission equipment.

C-2.2.1. Small Boat Fuel Capacity. The vessel shall be equipped with a minimum 450-gallon external fuel storage tank (CFE) for gasoline and associated equipment to facilitate refueling RHIBs at sea. Storage tank shall be approved by the USCG. Additionally, the contractor shall provide a means of refueling diesel fuel for sponsor GFE (generators, etc). The contractor will refuel Government small boats as required.

C-2.3 Water Supply. The vessel shall provide a minimum of 2,000 gallons of potable water production to support sponsor personnel and crew living onboard and 2,000 gallons fresh water daily on back deck for miscellaneous use, including but not limited to equipment wash down. The contractor shall provide a seawater system for cooling batteries.

C-2.4 Compressed Air. The vessel shall provide divers quality air at 3,000 PSI @ 30 CFM. US Navy Diving and Manned Hyperbaric System Safety Certification Manual, NAVSEA (SS521-AA-MAN-010, Revision 2, 1 Nov 2006) applies. A copy is available via website: http://www.navsea.navy.mil/Organization/NAVSEA%20Instructions.aspx or upon request. Vessel shall be able to recharge one SDV at a minimum of 30 CFM to a max of 3,000 PSI. The contractor shall provide current air sample results upon delivery and in accordance with U.S. Navy Diving Manual and OPNAVINST 3150.27 (Series).

C-2.5 Sound Isolation/Vibration. The vessel shall be able to support underwater telephone and acoustic communication operations. These operations will be accomplished by a retractable tube that shall be installed in a suitable location that offers maximum separation from shipboard noise.

C-2.5.1 Underwater Tracking System. The vessel must be configured to receive a GFE Track Point Underwater Tracking System and an acoustic navigation transducer. The system shall be deployed by way of retractable tube of a minimum 12-inch diameter at least three to four feet below the bottom of the hull fitted with a hydraulic lifting winch, boom, or crane. Through-hull penetrations, retractable tubes, and lifting systems are to be provided by the contractor.

C-2.5.2 Underwater Communications. The vessel shall be able to support underwater telephone operations. Vessel shall accommodate underwater telephone compatible with GFE EDO 5400 having transponder interrogator pinger echo sounder (TIPE) capability. The vessel shall be configured to receive a GFE acoustic navigation transducer. The underwater telephone shall be deployed by way of retractable tube of a minimum 12-inch diameter at least three to four feet below the bottom of the hull fitted with a hydraulic lifting winch, boom, or crane. Through-hull penetrations, retractable tubes, and lifting system are to be provided by the contractor.

C-2.6 Communication Equipment. The Contractor shall carry Marine VHF, ship’s cell phone, and a GFE Hydro Acoustic Information Link (HAIL) and shall accommodate the integration of NSW communications equipment and antennas, including secure HF/VHF/UHF/SATCOM, INMARSAT.

C-2.6.1 Climate Control. The contractor shall ensure all communication equipment is climate controlled with a maximum temperature of 80 degrees F. Communications equipment requires climate (AC/DH) control.

C-2.6.2 Navigation Equipment. The vessel shall be equipped with gyrocompass with repeaters, GPS, and a radar. The radar shall be capable of surface search to a minimum of 25 NM. The vessel shall be able to accommodate a government provided Vessel Management System (VMS) and Track Point III .

C-2.7 Electrical Power. Vessel must be able to provide sufficient electrical power in the vicinity of the Government Furnished Equipment (GFE) identified in this document. At a minimum, four 480 VAC, 100 amp (Delta) and two 208 VAC 30 amp (Delta) outlets shall be provided. All GFE and Sponsor support and habitability areas require 60 Hz.

C-2.8 Diver Staging Area. The vessel shall be equipped with a diver's staging area for launching and retrieving divers. At a minimum, staging area must consist of water access by ladder or removable bulkhead. The equipment used to handle the over-the-side divers should meet the requirements of U.S. Navy Diving and Manned Hyperbaric System Safety Certification Manual, NAVSEA (SS521-AA-MAN-010, Revision 2, 1 Nov 2006), and U.S. Navy Diving Manual.

C-2.9 Conference Room. The contractor shall provide 200 sq. ft. of administrative/conference space sufficient to handle up to 15 personnel. Space shall have tables and seating to accommodate the above number, with power outlets providing standard 120 VAC power for computers and presentation equipment.

C-2.10 Conduct Operations. The contractor shall operate and navigate the ship safely in support of Government operations.

C-2.10.1 Material Handling Operations. The contractor shall be responsible for the receipt, loading, storage and discharge of materials and stores pertaining to shipboard day-to-day operations. The contractor shall assist in loading, storage, and discharge of materials and stores for Government. The contractor shall arrange for any shore-side equipment if required for load/discharge operations.

C-2.10.2 Rigging Equipment. The contractor shall provide sufficient rigging equipment to support Sponsor operations.

C-2.10.3 Lifesaving Equipment. The contractor shall operate all lifesaving support systems in accordance with manufacturer's instructions at the time intervals and frequencies as required. Lifesaving support systems include, but are not limited to, life rafts, davits, winches, and craft engines.

C-2.10.4 Safety Drills. The contractor shall conduct all regulatory drills required. Government personnel will participate in all regulatory drills.

C-2.10.5 Support Sponsor Craft Operations. The contractor shall support all small craft, including SDVS, and zodiac boats, for launch and recovery operations.

C-2.10.6 Maintenance of GFE. When requested, the Contractor shall be responsible for maintaining GFE on a reimbursable basis.

C-2.11 Personnel.

C-2.11.1 Contractor Facility Clearance. The contractor shall possess a SECRET facilities clearance at delivery of the vessel, which shall be documented in Attachment 5 (DD-254).

C-2.11.1.1. Personnel Clearances and Screenings. The Master must hold a SECRET clearance. All crewmembers must be U.S citizens with valid U.S. passports for the full length of their assignment and will be required to submit to terrorist watch list checks. All crew members and non-crew members requiring access to the vessel shall be vetted using the procedures described in Section H-15.

C-2.11.2 Vessel Crewing and Transportation. The vessel will be crewed to safely and efficiently operate the vessel, operate deck equipment and small boats, and perform mission operations on a 24-hour basis as described herein. Additionally, crewing for voyages in accordance with USCG Subchapter I certification will be maintained throughout the charter period. Licensing, STCW endorsements, and documentation are required in accordance with U.S. Coast Guard regulations as applicable to the vessel’s type, size, class, and service. The Master, officers, and crew shall possess valid and current licenses, certificates, and documents for the capacity in which each is employed. At all times while underway, the Contractor shall have at least one shipboard employee aboard who has USCG recognized first aid and CPR certification within the past 12 months. All transportation costs for crewmembers shall be to the Contractor’s account.

C-2.11.3 Conduct of Master, Officers, and Crew. If the Charterer shall have reason to be dissatisfied with the conduct of the Master, Officers, or crew, the Owner shall, on receiving particulars of the complaint from the Contracting Officer, investigate the matter and, if necessary, make a change in personnel.

C-2.12 Operational Responsibilities. The Master of the vessel shall be responsible at all times for the safety of the vessel and all on board. The Master of the vessel shall be responsible for meeting overall schedule requirements. The Master shall work closely with the officer-in-charge (OIC) to ensure the mission is met. The Master of the vessel shall be under the direction of the Operational Commander with regards to the employment of the vessel, but shall not be under orders as regards safe navigation, care and custody of the vessel, and care and safety of equipment, gear, and persons onboard.

C-2.13 Functional Relationship. A healthy functional relationship between the contractor personnel (officers and crew) and the Sponsor is extremely critical. It is essential that the Master and Sponsor appreciate their individual responsibilities and dependence upon each other for attainment of the overall objective. A cooperative partnership between the two entities must be maintained at all times. The attitude of the partnership developed between the two must extend to and be shared by all concerned. The Master and Government shall jointly prepare for all operations concerning the vessel.

C-2.14 On-Board Government Personnel. During operations there will be up to twenty-five (25) Sponsor personnel on board. The Officer in Charge (OIC) will serve as the primary point of contact between the Government, onboard Sponsor personnel, and the contractor. The OIC is responsible for all Government personnel assigned to the vessel; logistics for all Government personnel and equipment; and working with the contractor (Master) to develop mission plans and plans of the day.

C-2.15 Irreconcilable Differences. Irreconcilable differences between shipboard personnel and the Government regarding operations or other matters arising under this charter shall be fully documented and reported, by letter, message, or E-mail as appropriate, to the Contracting Officer for resolution.

C-3.0 OPERATIONAL RESPONSIBILITIES

C-3.1 Deck Equipment Preservation. The Contractor shall ensure all deck equipment is maintained in a working condition at all times.

C-3.2 Mission Essential Launch/Recovery Operations. The Contractor shall provide 24 hour launch/recover services in support of Government requirements. The Contractor shall ensure every available resource is used to maintain the system in a continual full operating status.

C-3.3 Operation of Systems. The Contractor shall operate all vessel systems to provide main and auxiliary propulsion, navigation, maneuvering, deck operations, and services to the Government to support the mission equipment, unit’s hotel services, and emergency operations.

C-3.4 Perform Maintenance. As a result of high OPTEMPO it is imperative the Contractor perform predictive, preventative and corrective maintenance as required to maintain the vessel’s equipment and systems in a high state of readiness in addition to maintaining the vessel in class at all times. The Contractor shall arrange for the discharge of small boat bilge waste. If for any reason emergent maintenance actions should render the vessel unable to get underway, to include the launch and recovery system, the Contractor shall immediately notify the Government to include an estimated time until the vessel is able to get underway. If performing operations, the senior government representative will be notified prior to executing any maintenance.

C-3.5 Vessel Modifications. The Government may at its option modify the vessels to meet new or changing mission requirements. The Government will either task the Contractor to perform or to subcontract for the modifications as a reimbursable item, or undertake the modifications itself. Any and all equipment put aboard as a result of the modifications will be Government Furnished Equipment (GFE). All GFE will be removed prior to the Vessel’s re-delivery at the expense of the Government, unless otherwise agreed to. The Contractor may not modify the vessel without approval of the Contracting Officer. Any approved modifications will be fully tested and verified by the appropriate Government authority. Mission related unforeseen structural modifications affecting class or the vessel’s certifications may be required. The costs of Government directed modifications, and the costs to restore the vessel to its original class or certification at award and as required by this contract shall be borne by the Government.

C-3.6 Sponsor Berthing/Living Spaces. The vessel must support berthing for 25 Government personnel, not greater than four (4) per stateroom, eight (8) per head. Curtained-off bunks are acceptable. Messing for the 25 personnel above shall be in accordance with Section C-5.2. The 25 Government personnel mentioned herein are in addition to any and all crew.

C-3.6.1 Laundry Services Facilities. The Contractor shall provide a 24-hour laundry facility for a minimum of 25 Government assigned personnel.

C-3.7 Food Service/Snacks/Laundry for Government Personnel. The Contractor shall provide three (3) galley-prepared cafeteria style meals and hotel services for twenty-five (25) embarked Government personnel when not in port (unless specifically requested). Food provided to the Government shall have the most reasonable attainable degree of variety, quality, quantity, and nutritional value. The cost of meals and hotel services for the 25 embarked Government personnel shall be included in the contractor’s fixed price. Meal items at a minimum shall consist of the following:

C-3.7.1 Breakfast – Eggs/omelets, breakfast meat (one), fruit, donuts, bagels or sweet rolls, toast, hot or cold cereal, fruit juice, coffee, soft drinks, tea, milk and bottled water.

C-3.7.2 Lunch – One sandwich type (hamburger, tuna salad, grilled cheese, etc); two entrees (of which one shall be hot and consist of meat); vegetables, rice/potatoes, coffee, soft drinks, tea, milk and bottled water.

C-3.7.3 Dinner – Three entrees (of which two shall be hot and consist of meat), vegetables, rice/potatoes, dessert, coffee, soft drinks, tea, milk and bottled water.

C-3.7.4 Snack Foods. The Contractor shall provide snack foods and bottled water for Government personnel. Snack foods shall include foods such as cheese and crackers, fresh fruit, peanut butter and jelly, cookies or brownies, popcorn, ice cream, potato chips, etc.

C-3.7.5 Food Service for Additional Government Personnel. The Contractor shall provide galley prepared food service for additional personnel not permanently assigned to the vessel. It is the responsibility of the Contractor to collect for these meals. Breakfast shall be reimbursed at a not-to-exceed price of (US) $5.00 and lunch and dinner at a not to exceed price of (US) $12.50.

C-3.7.6 Food Service Operations. The Master or the Sponsors medical officer shall conduct weekly inspections of food service spaces and equipment which shall be forwarded to the Master for review and signature. These completed forms will be kept in a file for a minimum of one (1) year and made available for inspection when requested by Government representatives. Periodic Quality Assurance (QA) Inspections of the food service operation will be conducted by Government representatives. These QA visits will include a sanitation inspection using NAVMED Form 6240/1. If the ship’s food service operation fails the sanitation inspection by receiving an unsatisfactory grade, the Government may direct the closing of the galley and secure food service operations until all discrepancies have been corrected. Alternate food service during this perid of galley closure will be at the contractor’s expense. Daily and weekly cleaning of all food service operation spaces and equipment shall be done in strict accordance with CFP, ANSI and NSF standards. Provisions of COMSCINST 6000.1 (Series) and NAVMED P-5010 (Series) shall apply.

C-3.7.6.1 Food Handlers. All contractor personnel employed as food handlers shall meet the health and training standards set forth in NAVMED P-5010-1 and ensure they are free from any communicable diseases. All screening shall be documented in the food service employee’s onboard medical record and kept on file for all food service employees currently assigned. The contractor shall be guided by food handling instructions and precautions in accordance with COMSCINST 4000.2 (Series). COMSCINST 6000.1 (Series) and NAVMED P-5010.

C-3.7.7 Provide Sanitation Services. The contractor shall maintain the ship in a sanitary condition at all times in accordance with 46 CFR 196.15-10. All living spaces, staterooms, passageways and stairwells shall be maintained in a clean and sanitary condition, and monthly inspections conducted in accordance with 46 CFR 189.33-1.

C-3.7.7.1 Provide Pest Control. The contractor shall ensure that all living spaces, recreation lounges, and work areas are free of pests at all times. The contractor shall ensure that all personnel conducted pest control measures have been properly trained. All stores shall be checked by the contractor’s personnel as appropriate, prior to loading to ensure they are rodent and pest free. The contractor shall comply with the World Health Organization. International Health Regulations (IHR) of 1969, U.S. Navy Shipboard Pest Control Manual, SECNAVINST 6210.2 (Series) Quarantine Regulations, and NAVMED P-5010, Chapter 8 for further guidance and compliance.

C-3.7.7.2 Ship Sanitation Control Exemption Certificate (SSCEC)/Ship Sanitation Control Certificate (SSCC). The Contractor is responsible for ensuring that the ship is SSCEC or SSCC certified at all times in compliance with guidelines delineated in the World Health Organization International Health Regulations (IHR) of 2005 and BUMEDNOTE 6210. This certification is required to be completed on a recurring six (6) month basis. The contractor shall make arrangements to procure the necessary SSCEC/SSCC.

C-3.7.8 Provide Linen. The contractor shall provide the following laundered items to all Sponsor personnel and guests (25): sheets, fitted bottom sheets, blankets, bedspreads, pillowcases, mattress covers, bath towels (27" x 54"), hand towels, washcloths and bath mats. When replacing mattresses, the contractor shall ensure fitted sheets fit the replacement mattresses. Bed linens shall be changed once every week (twice a week if ambient interior temperature exceeds 80°F during a seven (7) day period). Towels shall be provided twice a week. Fresh bed linens and towels shall be provided when Sponsor personnel are transferred or replaced. Tablecloths shall be changed, at a minimum, daily.

C-3.7.9 Mattresses and Pillows. The contractor shall replace Sponsor personnel mattresses and pillows, as required. Mattresses shall meet CFR standards and fit the existing bed-frame space. Pillows will be non-feather type. The cost of replacing mattresses and pillows is reimbursable only if mattresses and pillows are for Sponsor personnel.

C-3.7.10 Clean Sponsor Work Areas. The contractor shall pick up trash on a daily basis and, at a minimum, every week sweep and wipe down all dust collecting surfaces. The contractor shall, at a minimum, every two (2) weeks swab floors in unclassified and classified Sponsor work areas. Every two (2) months floors shall be waxed in unclassified and classified Sponsor work areas. At a minimum, the contractor shall clean all carpeted areas annually.

C-3.7.11 Clean Sponsor Living Spaces. The contractor shall clean the Sponsor living spaces (i.e., staterooms and common areas surrounding staterooms). The SGR shall receive the same cleaning services afforded the Master or at a minimum, three (3) times a week; remaining Sponsor personnel shall receive the same cleaning services afforded the licensed officers or, at a minimum, twice a week. The contractor shall, at a minimum:

· Clean/disinfect commodes

· Clean showers and wash basins

· Sweep and swab decks or vacuum if carpeted

· Empty trash containers

· Make beds

· Change or provide clean linens

· Dust – wipe overheads, vents, furniture and shelving

· Every two (2) weeks, the contractor shall, at a minimum, wash the decks (tile only)

· Every two (2) months, the contractor shall, wax the decks (tiles only)

· On a yearly basis contractor shall clean all carpeted areas.

C-3.7.12 Clean Recreational Areas. The contractor shall clean all recreational lounges. These services shall include daily and weekly janitorial services. On a daily basis, the contractor shall, at a minimum:

· Dust rooms

· Empty trash containers

· Sweep and swab decks or vacuum if carpeted Every two (2) weeks, the contractor shall, at a minimum, wash the decks (tile only). Every two (2) months, the contractor shall, wax the decks (tiles only).

C-3.7.13 Clean Areas Contiguous to Sponsor Areas. The contractor shall keep passageway and ladder wells free of dirt and debris at all times, and sweep and swab decks on a daily basis. Every two (2) weeks, the contractor shall, at a minimum, wash the decks (tile only). Every two (2) months, the contractor shall, at a minimum, wax the decks (tile only).

C-3.8 Agents: The Contractor shall have the employ of an agent to arrange for all port services on a reimbursable basis during this charter. Port services shall include tugs, pilots, berthing, potable water, shore power, trash and garbage removal, oily waste removal, sewage removal, hazardous materials removal, line handlers, dedicated telephone service, and liberty launch services.

C-4.0 Force Protection. COMSCINST 5530.3 Series establishes minimum physical security standards for all ships. The Master is responsible for the safety and security of his ship and crew and must ensure that appropriate members of his crew receive adequate shipboard and, when required, formal training to carry out these requirements. Except as otherwise noted herein, all costs for physical security shall be deemed to be included in the per diem charter hire rate.

C-4.1 Small Arms Training. The Contractor shall be responsible for all small arms training. The Contractor shall ensure that five crew members who will bear arms as part of their physical security duties have successfully completed a small arms familiarization course. The Contractor’s course shall be taught to the same content and standards as the U.S. Navy’s Small Arms Qualifications (Ashore/Afloat) Instructor Course J-041-0148. Such training shall be completed prior to commencement of shipboard employment.

C-4.2 Force Protection Space. The Contractor shall provide surface areas to post a minimum of four (4) GFE weapons mounts (to support 360-degree overlapping fields of fire) in support of the required force protection posture. The contractor shall provide platforms and applicable armor as required to provide personnel protection for the maximum of up to 7.62mm armor piercing rounds.

C-4.3 Information Security Management System (ISMS). The Contractor shall develop and maintain an Information Security Management System compliant with ISO/IEC 27001 (latest revision) Information technology – Security techniques – Information security management systems – Requirements. The ISMS shall be certified by an accredited organization indicating conformance to this standard. The Contractor shall maintain full and continuous ISMS certification for the entire time charter period of performance of this contract. The Contractor shall notify the Contracting Officer within twenty-four (24) hours if for any reason the ISMS certification is revoked. At a minimum, ISMS certification (interim or otherwise) shall be in place no later than sixty (60) days after delivery of the vessel. Costs associated with certification of the ISMS shall be included in the fixed-price charter hire rate.

C-4.3.1 ISMS Documentation. The Contractor shall provide copies of applications for and receipt of ISMS certification. Copies of any renewal certificates shall also be passed to the Contracting Officer and COR upon receipt from the certifying organization.

C-4.3.2 Inspection and Test Records. Inspection and test records required by or in support of the ISMS shall, at a minimum, indicate the nature of the observations, number of observations, and the number and type of deficiencies found which shall be made available for Government inspection upon request. Data included in inspection and test records shall be complete and accurate and shall be used to analyze3 trends and assess corrective action efficacy.

C-4.4 Fuel Inventory and Consumption Report. A fuel oil inventory and consumption report shall be submitted monthly, at the end of each month, to the Contracting Officer’s Representative and other addresses as designated at contract award. The fuel oil inventory shall include the following information:

(a) Bunkers at the beginning of each month.

(b) Bunkers at the end of each month.

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

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

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

C-4.5 AT/FP Reports. The Owner shall submit monthly AT/FP reports to the Contracting Officer’s Representative and other addresses as designated at contract award in accordance with COMSCINST 5530.3 Series.

C-4.6 Automated External Defibrillator (AED). The Contractor shall provide a minimum of one Automated External Defibrillator (AED) unit. All AEDs must be FDA approved and be suitable for shipboard use. The Vessel's Medical Officer shall be trained to operate and maintain the AED. The Contractor shall provide sufficient AEDs, stored in a location ready for use, to ensure that response time to shipboard medical emergencies does not exceed five minutes from any location on the Vessel. AEDs shall be stored in a location that is accessible to trained rescuers.

Section D - Packaging and Marking

SECTION D

D-1

PACKING - COMMERCIAL FOR DOMESTIC SHIPMENT

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

D-2

PACKING MATERIAL

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

D-3

MARKINGS OF SHIPMENTS

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

Section E - Inspection and Acceptance

SECTION E

E-1

INSPECTION

E-1.1 General E-1.1.1 The Vessel and Associated Equipment shall be subject to the Government's inspection as to suitability for the required service prior to delivery and subject to subsequent inspections at any time during the currency of this Charter to determine continuing suitability for the required service as well as to determine whether the material condition of the Vessel and Associated Equipment will prevent effective operation during basic and optional periods (if any) of this Charter. Such inspections shall include but not be limited to:

(1) Condition and operability of all cargo handling gear including standing and running rigging, cranes, booms, gantries, and status of regulatory body inspections of same;

(2) Condition and operability of navigation, communication, and environmental-protection equipment and existence of appropriate technical manuals and onboard spares;

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

(4) General material condition and maintenance of the Vessel;

(5) Condition, operability, and certification of required safety and firefighting equipment;

(6) Operability and safety of engineering spaces and equipment;

(7) Bunker survey;

(8) Condition of all equipment required under this Charter;

E-1.1.2 The Government further reserves the right to have the Vessel surveyed at any time by an independent surveyor.

E-1.1.3 If in the opinion of the Government Inspector deficiencies exist that preclude the adequacy of the Vessel for the assigned service, a notice for correction will be issued. In the event that the stated deficiencies are not corrected in a reasonable period of time and in the opinion of the Contracting Officer (based upon the recommendation of the Government Inspector and/or the independent surveyor) the Vessel is inadequate for the intended service or unable to operate for the remaining period of the Charter as a result of these deficiencies, the Government reserves the right to cancel this Charter at no cost to the Government at any time during its term or to take any other action available under this Charter Party or authorized by law.

E-1.1.4 The Vessel horsepower shall, if required by the Contracting Officer, be verified by an independent surveyor approved by the Government.

E-1.1.5 The Government may attend factory, operational tests and/or other periodic inspections during the contract period of performance.

E-1.2 Predelivery Inspection. A predelivery inspection of the Vessel may be held at Charterer's option upon the request of the Owner; such inspection shall be of an advisory nature only. At any such inspection, any representation of a Government representative present, or lack thereof, shall not be binding on the Charterer. This inspection shall be conducted, if possible, in a shipyard and on a date mutually agreeable to the Owner and the Government. The Owner will be advised of the condition of the Vessel and Associated Equipment as found by the Inspector. This predelivery procedure is to enable the Owner to correct any deficiencies discovered before the delivery inspection.