SRDRS_PACIFIC_RFP.pdf

MILITARY SEALIFT COMMAND, N1031/PM2

914 CHARLES MORRIS COURT SE

WASHINGTON NAVY YARD DC 20398-5540

202-685-5947 202-685-5966

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

N00033-14-R-2006 06-Mar-2014

b. TELEPHONE NUMBER

202 685 5083

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 21 Mar 2014

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

N00033

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHARLES T. REEVES

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

483111

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Firm Period

FFP

FOB: Destination

NET AMT

Firm Period Reimbursables

OPTION Option Period

OPTION Option Period Reimbursables

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 19-MAY-2014 TO

06-JUN-2014

N/A N/A

0002 POP 19-MAY-2014 TO

06-JUN-2014

0003 POP 07-JUN-2014 TO

20-JUL-2014

0004 POP 07-JUN-2014 TO

20-JUN-2014

BOX1

B-1 BOX FORMAT

Vessel(s):

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

Solicitation Number (date):

N00033-14-R-2006 (6 March 2014)

Contract Number (date):

TBD (TBD)

1. Vessel Required:

See RFP PWS

2. Place/Range of Delivery:

Pearl Harbor, HI

3. Place/Range of Redelivery:

Pearl Harbor, HI

4. Charter Period

19-day firm period with one (1) 14 -day option

5. Lay Days:

On or about 19 May 2014.

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

7. Vessel/Flag/Year Built: 8. Proposal Firm Until:

UNLESS OTHERWISE SPECIFIED, PROPOSAL IS

FIRM FOR 30 DAYS FROM THE TIME OF PROPOSAL

RECEIPT IN ACCORDANCE WITH FAR 52.212-1

9. Amendments Acknowledged (amendment numbers and dates)

10. Owner (style, address, phone, cell phone, pager, e-mail, fax) 11. Broker (address, phone, e-mail, fax)

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

13. - 17. RESERVED

PER DIEM RATES

FIRM PERIOD

FULL OPERATIONAL STATUS

RATES

18A. USD per diem

FIRST OPTION PERIOD

FULL OPERATIONAL STATUS

RATES

18B. 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) $ During Fixed Performance Period $ During 1st Option Performance Period $

"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.

23.

LAYDAYS PROPOSED

23. Laydays Proposed: 24. Estimated Readiness Date:

GENERAL

25. Vessel type and, if applicable, MARAD design type:

26. Place built: 27. Year built:

28. INMARSAT Ident.: 29. Vessel's e-mail/Fax:

30. Call Letters: 31. Official number:

32. Net registered tonnage: 33. Panama Canal tonnage:

34. Gross registered tonnage: 35. Suez Canal tonnage:

36. Beam (extreme): 37. Length Overall:

a. (ft) b. (m) a. (ft) b. (m)

38. Reserved

39. Length between perpendiculars:

a. (ft) b. (m)

40. Summer mean draft:

41. Reserved a. (ft) b. (m)

42. Displacement, loaded (on draft in Box 34): 43. Summer Load Line Freeboard:

a (LT) b. (M) a. (ft) b. (m)

44. Shaft Horsepower/kilowatts 45. Brake Horsepower/kilowatts

a. (hp) b. (kW) a. (hp) b. (kW)

46. Nationality of Master/Officers/Crew: 47. Number of persons other than crew that can be carried:

48. Classification society entered and class assigned:

49. Insured value of vessel (USD) 50. Vessel's present position/destination:

51. Last dry-dock date (mm/dd/yy): 52. Next dry-dock date (mm/dd/yy):

53. MARAD subsidized vessel: Yes No

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")

FUEL CONSUMPTION AT SERVICE SPEEDS

57. Average warranted speed (knots, for laden, moderate weather) 58. Reserved.

59. Average fuel consumption (net bbls at 60 deg F and grade(s): for laden, moderate weather passage as speed identified in Box 57)

60a. Average fuel consumption underway at slow-speed loiter (net bbls at 60 deg F and grade(s))

60b. Average fuel consumption at anchor(net bbls at 60 deg F and grade(s))

61. Auxiliaries underway fuel consumption (net bbls at 60 deg F and grade(s), only if not elsewhere identified)

62. Inport fuel consumption (net bbls at 60 deg F and grade(s))

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>

FUEL GRADE

64. Minimum vessel fuel specifications

Box # CONTINUATION

PWS

1.1. General. Military Sealift Command (MSC) requests one vessel to support US Navy submarine rescue utilizing the NATO Submarine Rescue System (NSRS), US Navy Submarine Rescue Chamber Flyaway System (SRCFS), Assessment Underwater Work System (AUWS), and the US Navy Submarine Rescue Diving and Recompression System (SRDRS) (collectively referred to as “submarine rescue systems”).

1.2. Area of Operations. The vessel will operate in the Pacific Ocean in the vicinity of Pearl Harbor, HI.

1.3. Operating Scenario: The vessel will be on standby status to support submarine rescue in the event of a contingency.

1.4.. Delivery: Pearl Harbor, HI

1.5 Redelivery: Pearl Harbor, HI

1.6. Charter period: 19 May –6 June 2014 (19 days) with one option period, 7 - 20 June 2014 (14 days)

1.7. Lay Days: 19 May 2014, 0800

1.8. Certification . The vessel shall be USCG certified or classed by a recognized Classification Society (ABS or equivalent).

1.9. Endurance/Range: The vessel shall be capable of a minimum14 days un-replenished operation and have a minimum range of 1,000 nautical miles. The vessel shall provide continuous operational availability without interruption to ship’s position keeping capability and provision of emergency essential electrical supplies during the rescue activities.

1.10 Transit Speed: 10 kts

1.11 Dynamic Positioning: The vessel shall be DP-0 capable.

1.12 Sea Keeping: The vessel shall be capable of transiting in sea conditions up to, and including, significant wave heights of 5 meters.

1.12.1 Wind Speed/Transit Operations: The vessel shall be capable of operating continuously in wind speeds of 30 kts and transiting in wind speeds gusting up to 100 kts.

1.13. Vessel Deck Space/Stern Transom Configuration. The vessel shall have a minimum of 40m x10m or 35m x 12m of contiguous, unobstructed open deck space with an 11m open transom/flat stern or transom bulwark capable of being removed by unbolting or cutting. The vessel shall also have a clear opening at deck level to allow the PLARS (Portable Launch and Recovery System) to be mounted directly on the transom, thus maximizing clearance between the MOSHIP (Mother Ship) and SRV (Submarine Rescue Vehicle) during launch and recovery.

1.14 Deck Flatness: The vessel shall have sufficient flatness on the working deck in the area of the NSRS installation to provide a height of no more than 4 inches between the lowest and highest local deflection points, including retractable deck equipment.

N00033-14-R-2006

1.15 Deck Loading Capacity: The vessel shall have a minimum deck loading capacity as follows:

A minimum cargo loading capacity of 5.0 tons per square meter.

A minimum deck load capacity of 380 tons, with a center of gravity of 4m.

1.16 Small boat: The vessel shall provide a small boat (i.e. RHIB, or equivalent), a boat operator (coxswain), fuel, and associated launch and recovery equipment for use during emergency recovery of the rescue vehicle, or any lawful use. The boat must be capable of conducting underway personnel transfers between the vessel and other platforms.

1.17 Power on deck: The vessel shall provide the following individual electrical minimum demands:

Transfer Under Pressure (TUP) Rating 440v, 60Hz, 3ph. Steady state load demand is 148A.

Portable Launch And Recovery System (PLARS) Rating 440v, 60Hz, 3ph. Steady state load demand is 221A.

Battery Charging Module Rating 440v, 60Hz, 3ph. Steady state load demand is 90A.

Portable Navigation Tracking and Communications System (PNTCS) Rating 230v, 60Hz, 1ph (Live and neutral) via 440/230V 1ph transformer. Steady state load demand is 21A (440V).

If the vessel cannot provide the above power requirements, there must be sufficient deck space in addition to the space required in 1.13 made available to support three (3) Government furnished Rescue Portable Generator Systems (RPGS) (approx. 20ft x 8ft per RPGS).

1.18 Diesel Fuel Capacity: If the RPGS are used to provide power on deck, the vessel shall provide a minimum of 4200 gallons of light diesel (BS2869, ASTM D975, D74, or EN590 compatible fuel) accessible on the working deck for the RPGS - approximately 300 gallons per day during operations.

1.19 Propulsion and Power Generation Configuration. The vessel shall provide propulsion via shrouded propellers (fixed or CPP). If the ship’s propulsion is delivered via un-shrouded propellers (fixed or CPP), the shafts must be capable of being crash-stopped in an emergency. If electrical power is derived from Shaft Generators, these need to be capable of isolation and supply achieved via alternative methods of power generation

1.20 Fresh Water: The vessel shall provide fresh water at a flow rate of 12l liters/min on demand to the TUP 1m3 Header Tank during the operational deployment period.

1. 21 Sea Water. The vessel shall provide 20m3/hour continuous flow for NSRS equipment cooling.

1.22 Working Deck Fire Protection Capability: The vessel shall provide fire-fighting coverage of all GFE on deck.

1.23 Communication/Navigation Equipment. The vessel shall provide ship-to-ship and ship-to-shore voice communications on marine band radio. The vessel shall also provide a 1m2 clear desk top area with personnel access on the Bridge or in an Operations Room with a 240v 50 Hz power supply for the Portable Navigation Tracking and Communication System (PNTCS) Command Console and Secure Communications system.

1.24 Waste disposal capability: In addition to the capacity required for the crew and 12 mission personnel, the vessel shall provide a facility for storing/disposing of human biological waste products from up to 72 personnel (rescuees) in decompression for the 14 day operational period

1.25 Berthing/Messing: The vessel shall provide berthing accommodations and meals (when underway) for 12 mission personnel. Berthing shall conform to USCG standards. Adequate showers/heads shall be provided. All accommodations shall be air conditioned. If the ship is required to get underway during the charter period, the contractor will be reimbursed for sponsor personnel meals, up to $30 per day.

1.26 Port Services. It is anticipated that the vessel will be berthed at Navy facilities in Pearl Harbor, HI. The Contractor shall employ an agent to arrange for all port services on a reimbursable basis (if not provided directly by the Government ) 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.

WAGE DETERMINATION

Wage Determination (2010-0205 R5) is incorporated into this contract and is available upon request. Please contact Taylor Reeves (charles.t.reeves1@navy.mil) or Brian Kimm (brian.kimm@navy.mil) to obtain wage determination.

RATE STRUCTURE

DAILY HIRE

Except as otherwise provided herein, the daily hire rate shall be considered payment in full for all services of the Vessel and Associated Equipment and all other requirements under this Charter Party contract, including, but not limited to 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 and the nominal carriage of ammunition and hazardous cargoes. The Daily Hire rate shall also be considered payment in full for all overtime and port charges.

Fuel expenses and meals for Government personnel while underway are reimbursable.

DELIVERY AND REDELIVERY

The place and time of initial delivery and redelivery shall be as stated in the following box:

DELIVERY

The Vessel(s) and all Associated Equipment shall be delivered in the condition described below to the Charterer at a port or place indicated above not later than 0600 hours local time (place of delivery) on the canceling date stated.

The Contractor shall give written notice of readiness during office hours to the Contracting Officer’s Representative (COR) at the port or place of delivery on a working day (Saturdays, Sundays, or other recognized weekly days of rest, U.S. Government holidays, and holidays observed at the delivery port, whether national or local, shall not be considered working days). Government inspection of the Vessel, by the COR/Assistant COR (ACOR), shall be completed within a reasonable amount of time thereafter, not exceeding twenty-four (24) hours after proper tender of the notice of readiness, (Saturdays, Sundays, or other recognized weekly days of rest, U.S. Government holidays, and holidays observed at the delivery port, whether national or local, excepted in the computation of said twenty-four hour period). Hire shall commence upon acceptance of the Vessel(s) by the Charterer but not before the commencing date stated in the solicitation, unless approved in writing in advance by the Contracting Officer.

Charterer shall have the liberty to cancel this Charter at no cost to the Government should the Vessel(s) or Associated Equipment not be ready in accordance with the provisions hereof by the canceling date. Said cancellation is to be declared not later than twenty-four (24) hours after the cancelling time listed on the stated

Delivery/Redelivery Port Delivery Date Canceling

Date

Norfolk, VA 19 May 2014 19 May 2014 mailto:charles.t.reeves1@navy.mil mailto:brian.kimm@navy.mil canceling date. Nothing in this paragraph shall limit any remedy of the Government otherwise available at Law, in Equity or under this Charter Party contract.

Condition. The Vessel and all Associated Equipment shall be seaworthy, properly and efficiently manned and trained, equipped, supplied, and in every way suitable and adequately fitted for and in all respects ready for the service contemplated under this Charter Party. Any Associated Equipment shall upon delivery be as described in this Charter Party and all equipment shall be operable. The Owner shall exercise due diligence to maintain the Vessel and Associated Equipment in such state during the period of the Charter Party.

REDELIVERY

Unless lost, the Vessel shall be redelivered at a port or place stated in the contract. Charterer shall notify Contractor of the place and date of redelivery no later than the time shown in the above in the Notices of Redelivery.

TIME CHARTER

CHARTER PERIOD

This Charter shall be for the periods designated in Period of Performance above, commencing upon the date shown or the Charterer's acceptance of the Vessel(s), whichever occurs later, and continuing until either the date of completion or the completion of the voyage then current, at Charterer's sole option. Any optional periods shall be stated in the contract; in addition, the Government shall have the Time Lost options as specified under this contract and an option to extend services. All optional periods shall be in direct continuation. Options shall be exercised pursuant to FAR 52.217-9 or FAR 52.217-8 of this contract.

TIME LOST

Tacking to the End of Charter Period. Any time lost by the Vessel during the term of this Charter (including during any option period) due to breakdown of machinery, interference by authority, collision, stranding, fire or other accidents or damage to the Vessel; or repairs, inspections, overhaul and alterations, preventing the work of the Vessel, shall be added to the charter period at Charterer's sole option, declarable at least twenty-four (24) hours prior to the termination of the charter period. Hire for such additional declarable period shall be at the same rate as in effect as of the date said declaration was made.

Excessive Time Lost The Government may by written notice cancel this Charter or Contract at no cost to the Government whenever for any reason whatsoever, more than thirty days are lost except for time lost as a result of the causes set forth in the “War” clause of this contract. See clause 52.212-4 Addendum. Failure to cancel this Charter after thirty days are lost shall be without prejudice to any other rights of the Charterer, or any later right of the Charterer to cancel this Charter Party.

Relationship to Other Remedies. No remedy conferred by this paragraph upon the Charterer is intended to be exclusive of any other remedy, but every such remedy shall be cumulative and shall be in addition to every other remedy already conferred by this Charter Party now or hereafter existing at Law or in Equity or by statute.

CREW AND COMPLEMENT

VESSEL COMPLEMENT AND CREW

The Master(s), Officers and entire crew shall be U.S. Citizens, speak English fluently and possess valid and current certificates, licenses, and documents and have no felony convictions. The Master, Officers and crew of the Vessel(s) shall be appointed or hired by the Contractor and shall be deemed to be the servants and agents of the Contractor at all times except as otherwise expressly specified in this contract. The Master(s) of the Vessel(s) shall be under the direction of the Government as regards the employment of the Vessel(s) under a given order, but shall not be under Government's orders as regards navigation, care, and custody of the Vessel(s).

All contractor employees shall have in their possession photo identification at all times when working under this Charter Party Contract. Contractor shall provide a complete listing of all personnel assigned under the contract to include name, qualification and position held. It shall also indicate those personnel essential to operate the vessels under emergent conditions.

All contractor employees shall wear a contractor-furnished uniform with Contractor and individual identification clearly and permanently marked. Individual employee’s names shall be visible on front of outer clothing. Contractor name shall be visible on the upper back of uniforms.

If the Charterer shall have reason to be dissatisfied with the conduct or performance of the Master, Officers, or crew, the Contractor shall, on receiving particulars of the complaint, investigate the matter and, if necessary to alleviate the cause of the complaint, make a change in personnel.

OFF HIRE

GENERAL

In the event of the loss of time resulting from deficiency and/or default of men including but not limited to misconduct, illness, injury, strikes, labor disruptions, lockouts; deficiency of stores; fire; breakdown of or damage to hull, machinery, or equipment; collision; stranding; grounding; detention by authorities; average accidents to Vessel or cargo unless resulting from inherent vice, quality, or defect of the cargo; repairs; inspections; all dry-dockings including those for the purpose of examination/inspection or painting bottom but not for those dry-dockings under the Alterations clause contained herein; or deviation for the purpose of landing any ill or injured person on board other than any passenger, supercargo, or military personnel who may be carried at Charterer's request; or by any other cause whatsoever preventing the full working of the Vessel, the payment of hire shall cease for all time lost until the Vessel is again, at a position not less favorable to the Charterer than that at which such loss of time commenced, ready and in a fully efficient state to resume her service. Should the Vessel deviate or put back during a voyage contrary to the orders or directions of the Charterer for any reason, the hire is to be suspended from the time of her deviating or putting back until she is again, at a position not less favorable to the Charterer than that at which such loss of time commenced, ready and in a fully efficient state to resume her service. When the period of time lost to the Charterer on any one occasion is less than two (2) consecutive hours, the hire shall not be reduced for such period, provided no missions were missed during that period of time.

COSTS FOR OWNER

The cost of fuel consumed while the Vessel is off-hire, as well as all port charges, pilotages, and other expenses incurred during such period and consequent upon the putting in to any port or place other than that to which the Vessel is bound, shall be borne by the Owner.

LOSS OF VESSEL

Should a Vessel be either lost or missing, or become a constructive total loss, the portion of the charter for such Vessel shall terminate and hire shall cease to be payable at the time of the 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, such payment shall be postponed until the off-hire period ceases or the safety of the Vessel is ascertained, as the case may be.

INSURANCE

(1) General. During the full period of this Charter Party, the Owner shall maintain marine insurance coverage on the Vessel, including Hull and Machinery, Protection and Indemnity (P&I), Pollution Liability, War Risk Hull and Machinery, War Risk P&I and Second Seamen's War Risk. Except as otherwise provided in this Charter Party, the expense for such insurance coverages shall be for the Owner's account and shall be deemed to be included in the hire payable under this Charter Party. Except as provided herein, the Owner shall be responsible for the cost of such insurance, including deductibles, premia, additional premia, calls, commissions, advancements, assessments, and overspill claims where applicable.

(2) Trading Limits. If Vessel is sent beyond the limits of American Institute Trade Warranties or Institute Warranties (as applicable) under this Charter Party, the Charterer agrees to reimburse the Owner for the actual extra cost of additional premia and/or increased deductible levels, to the extent incurred, properly assessed by the Vessel's marine insurance underwriters and payable by the Owner, which extra cost is occasioned by the Vessel's trading beyond such limits.

(3) Limitation of Liability. Except as otherwise specifically provided herein, the Charterer shall not be liable for any loss, damage, expense, cost, or liability whatsoever and howsoever incurred by the Owner or Vessel, or which are imposed upon the Owner or Vessel by operation of law. Any amount due the Owner under this paragraph

(g) shall be subject to setoff by the Charterer to the extent of any amount recovered under insurance carried by the Owner, or to the extent of any amount recoverable under insurance required by subparagraph (1) above.

(4) Notification to Charterer. The Owner shall, to the maximum extent practicable, keep the Charterer, through the Contracting Officer, currently informed in writing as to the potential vitiation, suspension, lapse, or termination of any of Vessel's insurance policies as a consequence of this Charter Party. All policies shall contain an endorsement stating that any cancellation or material change in the coverage adversely affecting the Government’s interest shall not be effective unless the Contractor provides written notice of the same to the Contracting Officer.

(5) Charterer Named Assured. The United States of America shall be named as an additional assured with waiver of subrogation under the Vessel's Hull and Machinery policy (and the Increased Value policy if applicable), the Vessel's P&I entry, any additional pollution liability coverage, the Vessel's War Risk Hull and Machinery policy including P&I, and Second Seaman's War Risk. All cost of such insurance, including but not limited to deductibles, premia, additional premia, calls, commissions, advancements, assessments, and overspill claims where applicable, shall be for Owner's account.

WAR

(1) Voyage Instructions. If Vessel is ordered under this Charter Party to any port, place, zone, or route involved in a state of war, warlike operations or hostilities, civil strife, or piracy (whether there be a declaration of war or not) where it might reasonably be expected to be subject to capture, seizure, arrest, or hostile act by a belligerent power (whether de facto or de jure), it shall be unreasonable for the Owner not to prosecute said voyage instructions if insurance against said risks is then available commercially or under a Government program or if the Government offers the Owner an indemnity under Public Law 85-804 against losses that would be covered by such insurance. In the event of the existence of said risks, the Charterer shall, to the extent provided in this paragraph (h), assume provable additional costs of wages (including all additional bonuses and payments required) and insurance and all taxes associated therewith properly incurred by the Owner as a consequence of service under this Charter Party.

(2) Additional Wage Costs. The Charterer shall reimburse the Owner for provable additional costs (including taxes associated therewith) incurred pursuant to this Charter Party as a consequence of the risks identified at subparagraph (1) above for (i) wages of Master, Officers, or crew and (ii) required payments or bonuses to Master, Officers, or crew. However, any of said wages or payments shall not exceed in amount that which would be payable, under applicable laws and regulations, to U.S. civil service mariners in the employ of the Military Sealift Command in a similar port, place, zone, or route.

(3) Additional Insurance Costs. The Charterer shall reimburse the Owner for provable additional costs of premia and taxes associated therewith (over and above such costs in effect on the Charter Party Date) reasonably incurred pursuant to this Charter Party as a consequence of the risks identified at subparagraph (1) above in the Vessel's War Risk Hull & Machinery policy, in the Vessel's War Risk Protection & Indemnity policy, and in any war risk policy on the lives of or for injuries to officers and crew. Provided, however, that no proportion of additional premia allocable to insuring an amount in excess of the coverage in place as of the Charter Party date shall be reimbursable by the Charterer with respect to any of the foregoing war risk policies. Provided further that the Owner shall apply for and remit to the Charterer as savings any rebates by reason of reductions in or rebates of premia charged for entry into war risk exclusion zones. Provided further that the United States of America shall be named as an additional assured with waiver of subrogation noted under all of the foregoing war risk policies. Alternatively, with respect to any area(s) excluded by war risk trading warranties under the Owner’s commercial war risk insurance coverage, at the Charterer's sole option, and at no cost to the Government, the Charterer may delete this subparagraph with twenty-four hours notice, in which case (i) Part V(g) (Time Charter War Risk Coverage) below shall automatically be effective; or (ii) the Government shall offer an indemnity under Public Law 85-804.

(4) Insurance Nonavailability. If no commercial or governmental insurance is available for service under this

Charter Party covering the risks identified in subparagraph (1) above, Vessel shall not be required to enter or remain at any port, place, zone, or route subject to said risks; the Charterer in such case shall have the right to order the Vessel to other port(s) or place(s).

(5) War Risk Coverage. The Owner must immediately notify the Charterer of any changes in the Vessel's commercial war risk insurance, including but not limited to, extensions of war risk exclusion zones and increases in commercial war risk insurance premia. The Owner must secure the Charterer's permission prior to entry into any commercial war risk exclusion zones before incurring liability for additional premia.

REIMBURSABLES

PASS THROUGH REIMBURSABLES

The Government will reimburse the Contractor only for the actual price paid for those supplies and services that are expressly identified as reimbursable items by this contract. “Actual price" paid by the Contractor for such supplies and services, includes tax paid, if any, and reduced by any and all credits and rebates, whether accrued or realized, associated with the supplies and services provided. “Actual price” does not include material handling charges, overhead, general and administrative costs, profit, or any other indirect cost that is in any way associated with the Contractor’s purchase or provision of such supplies and services. The parties expressly agree that the offered and accepted daily rate includes all costs incurred or paid by the Contractor, including but not limited to material handling charges, overhead, general and administrative costs, or profit, that are in any way associated with the Contractor’s purchase or provision of such supplies and services.

To be eligible to receive reimbursement for services and supplies identified in this contract as reimbursable items and obtained in support of this contract, the Contractor must obtain at least three quotes for each transaction in excess of $3,000 to ensure that adequate price competition was sought or the Contractor must provide an acceptable justification as to why it was impracticable to do so. In the case of fuel purchases, unless directed otherwise by the Contracting Officer, the Contractor shall provide the documentation listed in subparagraphs (1) through (3) below to the Contracting Officer for approval prior to purchasing fuel. For purchases of services and supplies other than fuel, the Contractor need provide the aforementioned documentation only when requested by the Contracting Officer.

The Contractor shall maintain documentation of all reimbursable purchases until three years after the contract is completed and shall provide access to and copies of such documentation when requested by the Contracting Officer.

(1) A description of the supplies or services to be subcontracted

(2) Identification of the proposed subcontractor and price

(3) Suppliers contacted and price quotes. Include other pertinent data such as price lists used if suppliers were not contacted and information regarding the selection if other than price-related factors were considered

The Contracting Officer may reduce the reimbursement by any amount above that which the Contracting Officer finds, in his/her sole discretion, is greater than that which is fair and reasonable for the supplies or services provided, giving due consideration to the facts and circumstances prevailing at the time that the Contractor procured the supplies and services. Disputes as to the amount by which any reimbursement is reduced shall be resolved in accordance with the “Disputes” clause of the contract. It shall be the Contractor’s burden to demonstrate that the price it paid for reimbursable supplies and services was fair and reasonable.

When the Contractor expects total funding expended for reimbursable items to reach 85 percent of the total funds available on each Reimbursable Supplies and Services CLIN, the Contractor shall notify the Contracting Officer and the COR and any other Government official identified by the Contracting Officer. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule. The Contractor shall not exceed or incur costs that exceed the amount of funding stated on each Reimbursable Supplies and Services CLIN at the time a reimbursable item is ordered.

The Government is not obligated to reimburse the Contractor for otherwise reimbursable supplies and services in excess of the funded amount stated in the Schedule under each Reimbursable CLIN.

The Contractor is not obligated to continue performance of any reimbursable work under this Contract or otherwise incur costs for reimbursable supplies or services in excess of the funded amount stated in the Schedule under each Reimbursable CLIN unless the Contracting Officer notifies the Contractor that the funded amount stated in the Schedule under the applicable Reimbursables CLIN has been increased. Notification shall be in writing. In the event notification is made orally, such notification shall be followed up in writing within two working days.

No notice, communication, or representation from any person other than the Contracting Officer shall affect the Government’s obligation to reimburse the Contractor.

Change orders shall not be considered an authorization to exceed the funded amount stated in the Schedule under the Reimbursable CLIN unless they contain a statement expressly increasing the funded amount of the Reimbursables CLIN by a sufficient amount to cover the change order.

GOVERNMENT PERSONNEL

CHARTERER’S OPTION

The Charterer shall have the option of carrying passengers, assigning officers and/or enlisted personnel aboard the Vessel for duty purposes and appointing supercargo (supercargo as used herein is both plural and singular) as far as accommodations and inspection certification allow and in accordance with COMSC Instruction 3120.19 as amended.

If supercargo remains onboard for over 24 hours, Charterer shall, in accordance with the Pass Through Reimbursables clause above, pay an amount of $30.00 per day, per person, covering all expenses including accommodations and victualling. Owner shall victual all other U.S. Government representatives, pilots, and Customs Officers when authorized by Charterer. Charterer shall pay $7.00 per meal for all such authorized and approved victualling provided as a result thereof.

MILITARY PERSONNEL

In addition to the carriage of personnel noted in subparagraph above, Charterer shall have the option to assign other military personnel aboard the Vessel. Such personnel are not to require victualling or berthing facilities from the Vessel unless requested by the military commander aboard, in which case the Owner will, in accordance with the Pass Through Reimbursables clause of this PWS, be reimbursed out-of-pocket expenses not to exceed the amount per person per day set forth in the subparagraph above. Charterer will supply life floats and jackets for the use of such military personnel carried aboard the Vessel during the Charter period. Such items are to be removed by Charterer at termination of Charter.

CHARTERER’S LIABILITY

The Charterer shall be liable to the Owner for any loss of the Vessel's fittings or appurtenances or any damage to the Vessel, her fittings, or appurtenances caused by the act of passengers, supercargoes, evacuees, or military personnel in the embarkation, carriage, or debarkation of passengers, supercargoes, evacuees, or military personnel to the extent such loss or damage is not payable under the Vessel's insurance policies. However, the Charterer shall not be liable for such damage unless written notice specifying such damage and, if obtainable, the name of the party or parties causing such damage shall have been given to the Charterer or its authorized representative within a reasonable time. Payment for any such loss or damage shall be by agreement of the parties and failure to agree shall be resolved under the FAR clause 52.212-4 (d) Disputes.

PLANS

INCIDENT REPORTS

In all instances in which any vessel being handled by Owner’s Vessel(s) sustains damage or is involved in any incident resulting in damage to vessels or property, or in bodily injury or death, Owner shall secure a report from the Vessel Master or Officer acting as pilot, and from any licensed pilot aboard the vessel being handled. Owner shall submit said report to the Contracting Officer via the COR within twenty-four hours following said incident, reporting the facts, listing deaths, reporting the extent of damages to property and any bodily injuries, and listing recommendations to prevent recurrence.

OTHER INFORMATION

POINTS OF CONTACT

CONTRACTING QUESTIONS Phone Email Contracting Officer Brian Kimm COMSC

N1031

(202) 685-

5731 brian.kimm@navy.mil

Contract Specialist Taylor Reeves COMSC N1031

(202) 685- 5988 Charles.t.reeves1@navy.mil

Contracting Officer’s Representative (COR) Gladys Fisher COMSC

PM22

(202) 685-

5775 gladys.fisher@navy.mil

OPERATIONAL QUESTIONS

Technical Specialist Kelly Richards COMSC

PM22

(202) 685- 5989 kelly.richards@navy.mil

Project Officer Gladys Fisher COMSC

PM22

(202) 685- 5775 gladys.fisher@navy.mil

ECMRA

mailto:brian.kimm@navy.mil mailto:%20Charles.t.reeves1@navy.mil mailto:gladys.fisher@navy.mil mailto:kelly.richards@navy.mil mailto:gladys.fisher@navy.mil

Contractor Manpower Reporting Language for all Solicitation Contract and all Existing Contracts

Enterprise-Wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Military Sealift Command via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs).

The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities

(3) Y, Construction of Structures and Facilities;

(4) S, Utilities ONLY; and

(5) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil

CLAUSES INCORPORATED BY FULL TEXT

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far/ http://www.acq.osd.mil/dp/dars/dfars/dfars.html

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-13 System for Award Management Maintenance JUL 2013 52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes JUL 2002 https://doncmra.nmci.navy.mil/ https://doncmra.nmci.navy.mil/

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) AUG 2012 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (SEP 2013)

(a) INSPECTION/ACCEPTANCE (Tailored).

(1) The Vessel(s) and Associated Equipment shall, at the Charterer’s discretion, be subject to the Charterer's inspection as to suitability of the required service prior to delivery (hereinafter, “delivery inspection”) and at any subsequent time during the term of this Contract to determine continued suitability for the required service, including but not limited to a determination as to whether the material condition of the Vessel(s) and/or Associated Equipment might prevent or impair effective operation during the basic and any exercised optional periods of this Contract.

(2) Should actual performance or readiness condition of the Vessel(s) or Associated Equipment fail to fully comply with one or more warranty, expressed or implied, or fail to fully comply with any other Contract specification or requirement not due to the fault of the Charterer, the hire may be equitably decreased or the Vessel(s) may be placed off-hire at Charterer's sole discretion.

(3) This Contract may be terminated in whole or in part at no cost to the Charterer upon Contractor’s failure to correct any discrepancy in the condition of the Vessel(s) or Associated Equipment, which discrepancy prevents or materially impairs the performance of any required service, within a reasonable time after receipt of notice of such discrepancy.

(4) The remedies provided by this paragraph shall not limit any other remedy available at Law or in Equity, or otherwise provided under this Contract.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) CHANGES (Tailored). The Contracting Officer may order changes within the general scope of any of the terms and conditions of this Contract. If any such change causes an increase or decrease in the cost of performance, such change will be the subject of a bilateral modification to the Contract. Failure to agree as to the increase or decrease in the cost of performance shall be resolved under the “Disputes” paragraph of this Contract.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. DEFINITIONS (Tailored). The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.