N00033-14-R-3135_Released.doc

Section B - Supplies or Services and Prices

SECTION B

1.0 General. The rates for services provided under this contract shall be payable at the applicable, fully burdened per diem rates stipulated in Attachment O, Form 2. Said payments shall be considered payment in full for all services, equipment, supplies, operation and maintenance of Government equipment, and all contractor personnel under this contract, including all penalty time, bonuses, payments, and emoluments payable to contractor personnel for services under this contract, irrespective of the geographic scope of said services, the carriage of hazardous cargoes (for explosives, ammunition see Section B-1.6 below) vehicular cargoes, bulk cargoes, and general cargoes. Said payments do not include those items specifically identified as reimbursable under this contract, which will be reimbursed in accordance with Section B-1.2 Reimbursable Items below.

For expenses in Section C that require pre-approval of the Contracting Officer, it is the Government’s intent to reimburse the contractor for such expenses in accordance with B-1.2 below and G-8, so long as the Contracting Officer has provided approval to the contractor prior to the expense being incurred.

1.1 Per Diem Rate for Operation and Maintenance. Per Diem rates shall cover the cost of daily operation, maintenance, equipment, personnel, and service for vessels, unless an expense is specifically listed in the contract as being reimbursable. Due to the staggered delivery of vessels during contract phase-in and phase-out, no minimum amount of ship per diem workload is guaranteed during the firm period or final period of contract performance.

1.2 Familiarization. The lump sum rate for familiarization shall include all effort required (see Section C-3.5) prior to ship delivery. This includes crew wages & fringes, travel cost, travel wages, training, insurance, administrative cost and any other start-up costs not otherwise included in the offeror’s per diem rate. A break-down of these expenses must be included with the price proposal. The lump sum for familiarization cost becomes eligible for payment upon ship delivery.

1.3 Reimbursable Items. Reimbursable supplies and services are those items specified in the contract as reimbursable, or otherwise pre-approved by the Contracting Officer. The reimbursement amount shall not include overhead, general and administrative costs, material handling costs, profit, or fees above the actual costs. See Section G for the documentation requirements for reimbursable items. The contractor is responsible for ensuring that reimbursable expenses do not exceed funding expressly obligated to this contract by the Contracting Officer. All supplies, services, or expenses of any kind identified anywhere in this contract as reimbursable shall be reimbursable only pursuant to the terms and limitations provided at Section G. Some expenses identified as reimbursable are further restricted in reimbursement (e.g., requiring prior Contracting Officer approval), and such further restrictions are provided in the sections identifying the expense as reimbursable.

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

1.4 Estimates. All quantities are estimates unless specifically guaranteed.

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

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

1.7 Full Operating Status (FOS) Per Diem. The proposed per diem rates should include a two-day on board turnover period when replacing shipboard key billets. The contractor’s firm-fixed-price FOS per diem rates shall include the full wages and fringe benefits for each crewmember for an eight-hour workday, seven days per week (56 hours per week per person), and 365 days per year (including all holidays). In addition, any overtime incurred for the purpose of maintaining required “watches” shall be part of the firm-fixed-price per diem. This includes the routine gangway watch, also referred to as the gangway security watch, which includes roving patrol duties. All crew travel costs, including those related to crew rotation, and MSC required training are for the Contractor’s account and will not be reimbursed by the Government. As it is anticipated that all Marine Corps prepositioning ships under this contract will upload sufficient quantities of ammunition/explosive material to warrant payment of an ammo bonus to crewmembers, offerors proposed per diem rates shall be inclusive of ammo bonus premiums.

1.8 Reduced Operating Status (ROS-5 Per Diem). The ROS-5 per diem rates provided under this contract shall be payable at the applicable, fully burdened per diem rates stipulated in Section J, Pricing Sheet A. The ship shall be fully manned by the ROS-5 crew eight hours per day, five days a week (Monday through Friday) except for those National Holidays specified in the Collective Bargaining Agreement. The firm fixed price per diem rates should also include a two-day on board turnover period when replacing shipboard key billets and shall include the full wages and fringe benefits for one Officer to be retained on the ship evenings, holidays and weekends to fulfill security requirements. Said payment shall be considered payment in full for all ROS-5 services, equipment, supplies, operation and maintenance of the ship and Government equipment, and all contractor personnel under this contract, including all penalty time, bonuses, payments and emoluments payable to contractor personnel for services under this contract. The ship shall be fully manned during core work hours. Gangway security-watch overtime, when required, will be reimbursed with Contracting Officer approval and therefore should not be included in the firm-fixed-price per diem. All crew travel costs, including those related to crew rotation, and MSC required training are for the Contractor’s account and will not be reimbursed by the Government.

1.9 Reduced Operating Status – Undefined Crew (ROS-UC Per Diem). The Government reserves the right to designate an alternate reduced operating status other than ROS-5. During such times the ROS rate shall be negotiated in accordance with F-4 on a case-by-case basis prior to a ship entering the newly designated ROS and will be based on crew specific requirements. Crew wage/fringe costs and other direct ROS crew costs identified in F-4 will be reimbursed with prior Contracting Officer approval. Vessels may alternate between FOS and ROS and the applicable rate will be that which is associated with the status of the vessel at any given time.

1.10 Repair Availability (RAV Per Diem). The RAV per diem rates provided under this contract shall be payable at the applicable, fully burdened per diem rates stipulated in Attachment O, Pricing Sheet A. The ship shall be fully manned by the RAV crew identified in Section 19 of the MPF Technical Manual. The contractor’s firm-fixed-price RAV per diem rates shall include full wages and fringe benefits for each crewmember for an eight-hour workday, seven days per week (including all holidays). The proposed per diem rates should also include the full wages and fringe benefits for one Officer to be retained on the ship evenings, holidays and weekends to fulfill security requirements. The ship shall be manned by the RAV crew during shipyard work hours. Said payment shall be considered payment in full for all RAV services, equipment, supplies, operation and maintenance of the ship and Government equipment, and all contractor personnel under this contract, including all penalty time, bonuses, payments and emoluments payable to contractor personnel for services under this contract. Should shipyard work hours exceed 8 hours per day, overtime will be reimbursed in accordance with Section C-1.7.11.4 (Overtime as Reimbursable Cost). It is the Government’s intent that the crew will reside onboard the vessel for the duration of the shipyard availability unless Contracting Officer approves shoreside accommodations due to special circumstances. All crew travel costs, including those related to crew rotation, and MSC required training are for the Contractor’s account and will not be reimbursed by the Government.

1.11 Transition Costs. The contractor will not be paid a fixed fee to transition a ship from ROS to FOS, FOS to ROS, FOS to RAV and RAV to FOS. Rather, the contractor shall be reimbursed reasonable direct actual prices for supplies and services associated with the transition in accordance with Section G-8.

1.11 Schedule of Total Daily Crew Cost. In attachment O, “Form A - Pricing Sheets A, B, and C.xls”, the contractor shall complete each tab, including Pricing Sheet C, Schedule of Total Daily Crew, which includes base wages, overtime, taxes, and all fringe benefits for each ship and each year of the performance period for FOS. Pricing Sheet C shall indicate the daily wages, overtime, fringe benefits, and applicable taxes for each applicable crew position. The contractor must certify that the wages and fringe benefits contained within Pricing Sheet C reflect, as a minimum, the wage and fringe benefits levels contained in the Attachment B, Department of Labor Wage Determination listed in Section J.

1.12 Contractor’s Account. All overtime, penalty time, bonuses, and other emoluments, payable for whatever reason, shall be for the contractor’s account except those specifically authorized by the contract or approved by the Contracting Officer.

FUNDING INFORMATION ONLY

CLIN Structure. Two CLINS (Per Diem and Reimbursables) will be provided for each ship for each contract year except the firm period which will have a third CLIN for Familiarization.

Familiarization CLIN Structure. The following CLIN structure will be used for the Familiarization element of the contract. This is subject to change at the unilateral discretion of the Government.

Table 1: CLIN Structure for FAMILIARIZATION

Per Diem CLIN Structure. Below is the general CLIN structure that will be used for the fixed-price elements of the contract. This is subject to change at the unilateral discretion of the Government. The parent CLINs for Per Diem will be established as follows:

Table 2: CLIN Structure for OPHIRE (Exp Type 25213)

Per Diem sub-CLIN Structure. The Per Diem CLINS will use the following sub-CLIN format. Note that the each "xxx" will correspond with a CLIN number in Table 2:

Table 3: sub-CLIN Structure for OPHIRE

CLIN Structure for Reimbursable Services. Following is the general CLIN structure that may be used for reimbursable elements of the contract if authorized by the contract or approved by the Contracting Officer.

Table 4: CLIN Structure for Reimbursable Expenses

TABLE OF EXPENDITURE TYPES/SUB-CLINS

Sub-CLIN Structure for Reimbursable Services The reimbursable sub-CLINs will use the following structure. Note that the each "xxx" will correspond with a CLIN number in Table 4.

Table 5: SubCLIN Structure for Reimbursable Expenses

1.13 Rate Schedule. The following per diem rates shall be payable in accordance with Section B-1.6 through B-1.9 above.

Table 6: Per Diem Rates Structure for All Ships

Period of Performance / Rate

BOBO Class

STOCKHAM

Section C - Descriptions and Specifications

C-1 - OPERATIONS AND MANNING

3 OPERATIONS AND MANNING

3.1 GENERAL OPERATIONS

3.1.1 Scope of Work/Mission. The Contractor(s) shall operate six (6) ships in the Maritime Prepositioning Force (MPF). Five (5) will be BOBO Class - USNS BOBO, USNS WILLIAMS, USNS LOPEZ, USNS LUMMUS and USNS BUTTON, and one (1) will be USNS STOCKHAM. The ships shall be operated in a professional manner, maintained in good condition and shall be mission-ready at all times. The ships will operate in the Military Sealift Command (MSC) Prepositioning Fleet or will perform other Government missions. The ships are employed in the worldwide prepositioning of Government owned cargo, including, but not limited to, hazardous materials (including explosives and ammunition), vehicular cargoes, bulk cargoes, and general cargoes. The ships may also be used for other Government missions as directed (e.g. Afloat Forward Staging Base (AFSB) missions). After cargo download in contingency scenarios, the ships will be available for use as common user assets or may be placed in a reduced operating status (ROS).

3.1.2 Operational Control (OPCON). Operational Control will be exercised by the Operational Commander. The ships are projected to operate in the worldwide service under the ultimate operational control of a Numbered Fleet Command or USTRANSCOM. Each operational mission will be the subject of a classified Operational Order (OPORD) or Sailing Order (SAILORD) that specifies exactly how the mission will be accomplished. Delay of any ship or diversion from operations will be reported immediately to the Operational Commander.

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

3.1.3.1 Full Operating Status (FOS). The Government estimates that the ships will spend the majority of the time fully manned in FOS status during the contract performance period. FOS OPTEMPO typically consists of 92% in port operations (at anchor or pier side) and 8% underway operations. Actual in port and underway percentages may vary. Underway periods consist of, but are not limited to, independent steaming, convoy operations and transits to/from selected ports for vessel and cargo maintenance or for the loading/discharging of cargo.

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

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

3.1.5 Operating Tempo (OPTEMPO). Normal OPTEMPO for each ship in FOS is based on its prepositioning location:

LOCATION

INPORT (anchor or pier side)

UNDERWAY

Indian Ocean

92 %

8 %

Western Pacific

92%

8%

Actual OPTEMPO may vary for any of the ships. Underway periods shall consist of, but not be limited to, independent steaming, speed trials, convoy operations and transits to and from selected ports for ship and cargo maintenance or for the loading or discharging of cargo. Operational commitments may warrant deviation from this estimate.

3.1.6 WEATHER OPERATIONS

3.1.6.1 Weather Information and Ship Routing. The Naval Oceanography Centers (NAVMETOCCEN) will provide Optimum Track Ship Routing (OTSR) for the MPF in accordance with COMSCINST 3121.9 (series). Routes assigned by the OTSR program are in the form of recommendations to the Ship’s Master. The Contractor shall ensure Ship Master’s request OTSR program routes during severe and destructive weather conditions.

3.1.6.2 Severe and Destructive Weather Plan The Severe and Destructive Weather Plan identifies those measures to be taken by the crew to prepare the ship for severe weather, to include getting underway in 48 hours or less and in accordance with USCG Certificate of Inspections (COI) Manning. The Contractor shall ensure the ship(s) maintain and implement the Severe and Destructive Weather Plan in accordance with Operational Commanders’ guidelines.

3.1.6.3 Required Storm Reports. When a hurricane condition is set in the Area of Operations (AOR), and the ship is inport or underway within the storm-related area, the ship shall submit an initial hurricane status report within one (1) hour of notification of the condition being set. In addition, the ship shall request Optimum Track Ship Routing (OTSR) in accordance Section C-1.1.6.1 above. Notification calls from the cognizant MSC Area Command or COMSC will be considered the same as receiving formal notification via naval message including Optimum Track Ship Routing (OTSR) by Navy Meteorological Command Instructions.

3.1.7 Administrative Control (ADCON). Administrative control will be exercised by the Prepositioning Program Office (PM3), Military Sealift Command Headquarters (MSC HQ).

3.1.8 Port Services. The Government will furnish port services or reimburse the Contractor for actual costs of port services in accordance with G-8. Port services include tugs, pilots, berthing, potable water, feed water, shore power, spill-booms, docking, trash and garbage removal, oily waste removal, sewage removal, hazardous materials removal, line handlers, communications expenses for embarked military and sponsor personnel, and launch services. When Government port service contracts are in place, the Contractor shall utilize these contracts prior to using commercial sources. The Contractor shall exercise due diligence to obtain the most fair and reasonable port services, and shall notify the Contracting Officer if such charges appear excessive prior to the ship entering port. As a part of the budgeted amount for port services, the Government shall reimburse canal tolls, port/local dues and taxes (provided the Contractor exercises due diligence in seeking on behalf of the Government immunity from such dues and taxes), entering/leaving port fees, customs broker fees, ballasting or shifting berths pursuant to Government orders and any other similar port charges for ports visited at the Government's direction. The Contractor shall submit separate invoices for each port call, along with the supporting documentation. The Government will not reimburse the Contractor for expenses incurred by the Contractor for services rendered for the convenience of the ship, its crew, or in connection with the Contractor's business such as the fees of underwriters. Fumigation/Pest Control will be not be reimbursable, unless prior authorization is received from the Contracting Officer. The Government will reimburse the Contractor up to $150.00 per port call for postage and petty expenses (including courier service and photocopying).

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

3.1.10 Husbanding Agent Appointments. The Government shall reimburse the Contractor, in accordance with Section G-8, for the customary fee paid to port husbanding agents in conjunction with the port visits of the ships, including the fees of agents appointed for canal transits and at bunkering ports in accordance with Section G-8. The Government retains the right to disapprove proposed agents and to require that the Contractor discontinue using an agent. The Government shall have the option of directing the Contractor to use a specific commercial or Government agent in any port for the reimbursable elements.

3.1.11 RESERVED

3.1.12 Mail. The ships will be assigned Navy Fleet Post Office (FPO) addresses, and forwarding services. Mail forwarding services will be provided by the Government through the appropriate Government Joint Military Postal Activity and the U.S. Postal Service in accordance with COMSCINST 3121.9 (series). The Contractor shall ensure each ship transmits via Navy message an updated Mail Routing Information (MRI) message and a Cargo Routing or Fleet Freight Forwarding Information message to allow mailings to be properly forwarded. See Section 15.22 of the Technical Manual for additional instructions on properly informing DOD mail and cargo forwarding services of the ship location. The Contractor shall pickup, deliver and/or forward any correspondence and parcels with respect to this contract on a daily basis.

3.1.13 OPERATE SHIPS

General. The Contractor shall operate the ships and related ship systems and equipment in accordance with United States Coast Guard (USCG) and the American Bureau of Shipping (ABS) rules and regulations. The Contractor shall observe ALMSC 020/06 and ALMSC 026/09 – Guidelines for Sovereign Immunity. Contact the MSC Area Command for guidance if any problems occur:

· Sovereign Immunity. The Master, while performing ship operations, shall advise foreign authorities that each USNS vessel under this contract is a sovereign immune vessel of the United States. These privileges include immunity from arrest or search (whether in foreign internal or territorial waters, or in international waters), immunity from foreign taxation, exemption from any foreign state regulation requiring flying the flag of such foreign state either in its ports or while passing through its territorial sea, and entitlement to exercise exclusive control over persons on board such vessels with respect to acts performed on board.

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

· Foreign Port Visits. The Master may, if appropriate, provide a Shore Party List of individuals who will go ashore to the host nation before granting liberty in port if such a list is requested. The Shore Party List may contain only the names and passport numbers of those personnel, all other information will not be provided. Masters shall comply with applicable U.S. and host nation agreements, such as Status of Forces Agreements, that specify particular procedures for port visits in that country.

3.1.13.1 Ships in Full Operating Status (FOS). The Contractor shall ensure each ship in FOS is operated in a safe and professional manner, and sails with a full crew. Each ship Master shall comply with MSC sailing orders and operational orders promulgated by the ship’s Operational Commander. The Master shall enforce all laws of the United States and all applicable rules and regulations of the U.S. Coast Guard and applicable host nation laws and regulations. In case of emergency, nothing in this contract shall be construed as preventing the Master from taking the most effective action to safeguard life, property and the ship. The Master will have authority to abort operations temporarily on the basis of clear and present danger to life at sea, and shall inform the OPCOM with an information copy to COMSC and the cognizant MSC Area Commander.

3.1.13.2 Standard Operating Manual (SOM). The Standard Operating Manual, COMSCINST 3121.9 (series), also known as the SOM, is the primary MSC instruction that addresses the unique mission of the MSC fleet and is applicable to the subject ship(s). It provides policies and procedures pertaining to the operation and administration of the MSC fleet and provides a guide to other more definitive instructions. Ship’s Masters shall be familiar with the instruction’s content. In cases where the SOM and this contract conflict, provisions of this contract shall take precedence.

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

· Casualty Report (CASREP). Machinery, hull or equipment casualties shall be reported in the Navy standard format of a Casualty Report (CASREP) in accordance with NWP 1-03.1. The Navy message format reports shall consist of the initial CASREP, and shall be followed by updates and a final correction (CASCOR) of the casualty. If a casualty is mission degrading, it must be reported within 12 hours of occurrence. If a casualty is not mission degrading but cannot be corrected within 48 hours, it must be reported not later than 24 hours after the occurrence. The Government may direct the Contractor to perform a formal Root Cause Analysis (RCA). The costs of such RCA will be reimbursable if an outside firm is utilized with prior Contracting Officer approval.

· Special Incident Reporting. Reporting of all accidents or occurrences resulting in damage by or to the ship, gear or cargo, or injury, or loss of life shall be issued in accordance with COMSCINST 3121.9 (series). This includes among other things, collision, stranding, grounding, foundering, heavy weather damage, fire, explosion, failure of gear and equipment, and any other damage affecting the seaworthiness of the ship. The Contractor shall inform the U. S. Coast Guard of such occurrences in accordance with USCG regulations (e.g. USCG form 2692).

· Marine Casualty Investigations. The current MSC/USCG Memorandum of Agreement (MOA) requires the Contractor to report all marine casualties in accordance with 46 CFR 97. The Coast Guard may decide to investigate casualties meeting these reporting requirements. The Contractor shall provide the Contracting Officer, COR, and ABS with the USCG Casualty Investigation Report, including all correspondence regarding any marine casualty investigation.

3.1.13.4 Emergency Sorties. Emergency sorties may be required at the discretion of the Government and as directed by the local MSC Area Command or at any other time the Government determines such a sortie is appropriate, such as to avoid hazardous weather.

3.1.13.5 Helicopter Operations. If so equipped, the Contractor shall operate, maintain and man the ship helicopter flight decks in accordance with NAVAIR 00-80R-14 and all other applicable, Navy, NAVAIR and MSC instructions for day and night helicopter operations. See Section C-1.8.7 (Helicopter Ops) for manning and training requirements.

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

3.1.13.7 Design Speed Trials. Contractor shall conduct speed trials on a regular basis to demonstrate ship(s) are able to obtain design speed. Speed trials are to be conducted (1) Every six months; (2) First opportunity following hull cleaning or propeller polishing; or (3) When directed by Numbered Fleet Commander, Squadron Commander, or MSC. The Contractor shall submit to the Squadron Commander and MSC (PM3) the template provided in Section 03.1.2 Technical Manual (Item A021A) upon completion of trials.

3.1.13.8 Powering Self-Assessment Data Collection and Reporting. In order to assess the hull fouling condition and its impact on vessel powering and fuel consumption, MSC requires the procedure described in Technical Manual Section 07 (Powering Self-Assessment Data Collection Procedure) to be performed when the vessel is underway for post overhaul sea trials, during ocean transits, independent steaming exercises while on station, or as directed by the Government. This data will be used in part to determine if a hull cleaning is warranted to reduce fuel consumption while underway. The Powering Self-Assessment procedure shall be executed:

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

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

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

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

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

3.1.13.9 Diving Operations. The Contractor shall request the approval of the Contracting Officer Representative (COR) prior to conducting diving operations.

3.1.13.10 Daily Operational Report. The Master shall issue a daily unclassified email feeder report to PM31 for normal operational procedures in involving maintenance, repair and departmental processes and personnel issues. PM3 will provide the email feeder format upon contract award.

3.1.14 CARGO HANDLING EQUIPMENT

3.1.14.1 Cranes, Stern Ramps and Side port Platforms. The Contractor shall operate and maintain the installed cranes, ramps and platforms in applicable ABS rules and manufacturer’s instructions and ensure safe operating conditions and peak efficiency. Cranes shall be operated and maintained in accordance with ABS Cargo Registry requirements.

3.1.14.2 Material Handling Equipment (MHE). The Contractor shall operate and maintain the MHE, such as forklifts, container lift trucks and man lifts in accordance with the manufacturer's instructions and safety guidelines.

3.1.14.3 Ramp Hydraulic Hoses. All stern ramp and side platform hydraulic hoses that are in close proximity to shipside and are exposed to the environment, and whose failure could lead to the discharge of oil into the water, shall be replaced at least every five (5) years. Apparent integrity of these specific hoses shall not preclude their replacement.

3.1.15 Stevedore Damage. Damage by Government provided Stevedore Contractors to a ship or its equipment during load or discharge operations shall be repaired at the Government’s expense. The Contractor shall report this damage on MSC Form 5880/1 to the local MSC Representative on scene and to the Contracting Officer, and shall provide additional investigative assistance when directed by the Contracting Officer. Upon approval, the Contractor shall take necessary action to correct the stevedore damage and will be reimbursed in accordance with G-8.

3.1.16 Vehicle Lashing Assemblies (VLA) and Cargo Securing Equipment (CSE) Accountability. At contract turnover, each ship, as applicable, shall be provided Vehicle Lashing Assemblies (VLA) and Cargo Securing Equipment (CSE) for mission accomplishment. The Contractor shall establish processes in their Property Control Plan/System in accordance with Section 15.20 of the Technical Manual for control and inventory of VLA and CSE during the performance of the Contract, and any loss or damage shall be accounted for using of DoD Form 200 (Financial Liability Investigation of Property Loss). The Contractor shall return all VLA and CSE, at the end of the contract in accordance with the Government Property Clause FAR 52.245-1. The VLA and CSE returned shall be of like quality, kind and quantity as that which was provided by the Government at the beginning of the contract performance period plus any additional VLA and CSE that was provided by the Government during the contract period. Repair and replacement of VLA and CSE which have been properly accounted for will be reimbursed in accordance with the Government Property Clause FAR 52.245-1and Section 15 of the Technical Manual.

3.1.17 Explosives Handling. Per Section C-1.1.1 (Scope of Work/Mission), the mission of the ship shall include the carriage of hazardous, explosive and ammunition cargo. Explosives and ammunition, including pyrotechnics, shall be stowed and handled in accordance with USCG regulation, 49 CFR parts 171 through 176, and applicable Navy requirements set forth in OPNAVINST 8023.2C (series), U.S. Navy Explosives Safety Policies, Requirements, and Procedures, OP 1810, Ordnance Equipment Handling and Shipping Instruction, OP 3347, U.S. Navy Ordnance Safety Precautions, and NAVSEA OP 3221, Loading and Stowage of Military Ammunition and Explosives Aboard Break Bulk Merchant Ships.

3.1.17.1 Ammo Bonus. The Contractor shall assume ships on Marine Corps Prepositioning duty will upload sufficient quantities of ammunition/explosive materials to pay the crew a required “explosive bonus.” The Contractor shall include such bonus costs within the fixed daily rate during FOS periods.

3.2 ENGINEERING OPERATIONS

3.2.1 General. The Contractor shall operate ship equipment and machinery in accordance with the Manufacturer’s Technical Manuals, MSC policy, United States Coast Guard (USCG) regulations (33 CFR, 46 CFR and 49 CFR), American Bureau of Shipping (ABS) guidance and any applicable local or other jurisdictional requirements. The Contractor shall operate the cargo hold climate control systems as required to maintain compliance with required temperature and humidity limits for prepositioning cargo. Section 17 of the Technical Manual contains temperature and humidity specifications and reporting requirements.

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

3.2.2 In Port Readiness. Regardless of the length or nature of a port visit while on an FOS mission, the Contractor shall ensure that each ship is fully capable of getting underway to perform the assigned mission within twenty-four (24) hours of receipt of sailing orders, unless an applicable Casualty Report (CASREP) has been transmitted.

3.2.2.1 In Port Maintenance. In those cases where anticipated maintenance, repair, or regulatory body activities will prevent the ship from getting underway and performing the assigned mission within twenty-four (24) hours, the Contractor shall notify the Operational Commander, MSC Area Commander, and Contracting Officer. This notice shall set forth the specific nature of the work to be accomplished, the estimated time required to accomplish the work as described, and any viable alternatives that would enable the ship to maintain the original operating schedule. The Contractor shall request the Operational Commander’s permission to proceed with the work described. The Operational Commander, MSC Area Commander, and the Contracting Officer reserve the right to require the Contractor to reschedule the requested work. This does not affect the consent requirements of Section C-2.6.1(Industrial Assistance).

3.2.3 Fuel, Lubricating/Hydraulic Oil, Chemicals, and Paint. Except as provided below, the Government will furnish all required fuel, lubricating/hydraulic oil, chemicals, and paint. Refer to Technical Manual Sections 10, 11, 12, 13, and 27 for specific requirements for procuring products and services via Government administered contracts (“Independent Agencies”). Packaged petroleum products such as WD-40 and cutting oils are consumable supplies and are to be provided by the contractor at its own expense regardless of quantity. See Technical Manual Section 15 (Government Furnished Property) for specific details on Consumables. The grades of fuel authorized for use onboard the ships are set forth in Section 27 of the Technical Manual.

3.2.4 Fuel Quality Assurance and Testing. In order to assure fuel delivered to the ship meets the quality standards of the Technical Manual and bunker purchase specifications, the Contractor shall take fuel samples at the manifold while bunkering in accordance with MARPOL Annex VI requirements outlined in Section 10.6.1and Section 27 of the Technical Manual. Test results will be communicated by MSC to the ship for entry into the Oil Record Book. Sampling and testing shall be conducted as follows:

· Take samples by manual or automatic means when receiving bunker fuel;

· Sample size to be 400ml or more and bottle labels signed by Chief Engineers and Supplier;

· Mail one sample to designated laboratory using mailing kit provided by MSC; and

· Retain a second sample onboard not less than one year or until those bunkers are expended.

3.2.5 Fuel Bunkering. The Contractor shall comply with the USCG Regulations and COMSCINST 3121.9 (series) for fuel bunkering. Federal Regulations call for the establishment and utilization of a fueling bill including sampling, personnel billets, communications, and procedures for bunkering. Each ship is equipped with an oil spill containment and cleanup kit as detailed in MSC’s AEL which is available upon request to PM3 Logistics. The Contractor shall be responsible for maintaining and preserving all cleanup kits pursuant to Section C-5.1.3 (Durable Moveable Property) and Section 15.23(b) of the Technical Manual. With the exception of Diego Garcia, an independent surveyor shall be in attendance for all commercial or Government supplied bunkering evolutions and will be reimbursed under “port charges”.

3.2.6 Fuel Source and Consumption Data. The Contractor shall obtain fuel from Defense Logistic Agency-Energy (DLA-E) military stocks or through a DLA-E contract with a commercial supplier. The Contractor shall provide the Government at least ten (10) business days advance notice for all fuel oil requirements. Ships installed with Daily Vessel Record Guidance (DVR) version 1.5, a module within SAMM Engineer’s Daily Logbook, are no longer required to submit a monthly NEURS reports but will follow the guidance of daily record entries. Ships not installed with Daily Voyage Record (DVR) shall report fuel inventory and consumption on a monthly basis via the Navy Energy Users Reporting System (NEURS) format N07200-202.00 Form 01 and send by email to: MSCHQ-NEURS@navy.mil.

3.2.7 Alternate Fuel Suppliers. Suppliers other than the Government contracted Independent Agencies may be used only when:

· The Independent Agency is not available,

· The required product is not part of their contract with MSC, or

· Delivery dates would cause the diversion or delay of the ship.

In such cases, the contractor shall consult with the Government to confirm the proposed alternate product is compatible with the Independent Agency’s product in use and that the proposed product meets equipment OEM requirements. Prior to purchasing the product(s), regardless of price, the contractor must submit a request to the Contracting Officer for consent to purchase the alternate products. The formal request shall contain at least:

· The Product Data Sheet of the specific product desired.

· Some indication of OEM approval of the desired product.

· Technical justification for the required product including why the Independent Agency’s available products are unacceptable.

· Competitive quotes received in response to the Contractor’s solicitation to include all additional requirements and pricing for FOB delivery (barge delivery, pumping, demurrage, etc.).

· A subcontract award recommendation with justification.

Alternate products are considered Directly Funded Reimbursable Items. All reasonable expenses incurred to purchase and deliver these products are reimbursable including an independent Bunker Surveyor.

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

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

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

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

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

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

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

3.2.9 RESERVED

3.2.10 Environmental Protection and Enhancement. The Contractor shall monitor and control ship system operation and waste disposal and comply with all applicable Federal, State, interstate, and local laws and regulations, including Navy and MSC Environmental Instructions. The Contractor shall comply with Chapters of OPNAV INST 5090.1 (series) (Environmental Readiness Program Manual) concerning Environmental Compliance Afloat. The Contractor shall also comply with applicable MSC Instructions, including: COMSCINST 5090.1 (series) (Environmental Protection Program); COMSCINST 5090.2 (series) (Disposal of Solid Waste in the Marine Environment); COMSCINST 5090.3 (series) (Shipboard Management of Ozone Depleting Substances) and 40 CFR Part 82 subpart B (ODS); COMSCINST 5090.4 (series) (Afloat Oil-Hazardous Substance Spill Drill and Command Post Exercise Program); and MSC non-Tank Response Plan/SOPEP.

3.2.10.1 Water Pollution. The Contractor shall comply with applicable portions of the Federal Water Pollution Control Act (Clean Water Act or CWA), 33 U.S.C. § 1251 et seq., the Act to Prevent Pollution from Ships (33 U.S.C. 1091 et seq.), regulations in 33 CFR 151 and 155, DoD 4715.6-R1 (Regulations on Vessels Owned or Operated by the Department of Defense-dated Jan 2005) and COMSCINST 5090.1 (series) Navy Environmental Protection Programs. When the Final Rule is published in the Federal Register, the Contractor will comply with the Uniform National Discharge Standards for ships of the Armed Forces. The Contractor shall maintain and operate all shipboard pollution prevention equipment in accordance with the manufacturer’s instructions. Contractors operating MSC ships shall not surrender nor waive the sovereign immunity of a Government owned ship during any environmental incident. All vessels shall only use cleaning chemicals or supplies which do not contain phosphate or which contain very low levels of phosphate.

3.2.10.2 Air Pollution. Emission levels will be consistent with Clean Air Act. Areas of concern are containment of abrasive blasting particulate (including general particulates and heavy metals), control of stack emissions during boiler repair and blowdown operations, removal of asbestos, and compliance with applicable statutes and regulations, including EPA and USCG regulations.

3.2.10.3 Noise Pollution. The contractor shall comply with the Noise Control Act of 1972, 42 U.S.C. 4901 et seq., and implementing regulations. Retrofit modifications are not prescribed or authorized for existing noise sources without Contracting Officer approval.

3.2.10.4 Oil Spill Response. In the event of an oil spill, Contractor shall provide at its own expense immediate response capability to protect the vessel and crew, stop the outflow of oil and mitigate damage to the environment. Contractor shall activate and engage in contracting with oil spill removal organizations, act as liaison with the Federal On-Scene Coordinator (or cognizant foreign authority), and fund response activities until such time as being relieved of such responsibilities by the Navy On-Scene Commander (NOSC) who will then assume responsibility for management of the continuing oil spill response. All oil spills shall be immediately reported directly to the National Response Center, and other parties per OPNAVINST 5090.1 (series) and MSC's Vessel Response Plan / Shipboard Oil Pollution Emergency Plan (VRP/SOPEP).

3.2.10.5 Ballast Water Management. The Contractor shall be guided by any ballast water exchange requirements contained in OPNAVINST 5090.1 (series) and other applicable statutes and regulations.

3.2.10.5.1 Gray Water Management. The Contractor shall be guided by any ballast water exchange requirements contained in OPNAVINST 5090.1 (series) and other applicable statutes and regulations

3.2.10.6 Marine Sanitation Device (MSD) Disposal System. The Contractor shall maintain and operate the installed MSD disposal system in accordance with the manufacturer’s instructions, applicable USCG regulations, Clean Water Act, Uniform National Discharge Standards (UNDS) and other applicable statutes and regulations, to preclude the contamination of harbors, rivers, channels, or other restricted areas with untreated sewage and/or gray water. Personnel working with MSD equipment shall be aware of health aspects.

3.2.10.7 Ozone Depleting Substances. The contractor shall operate and maintain equipment and systems containing Ozone Depleting Substances (ODS) in accordance with manufacturer’s instructions. Equipment with an installed charge of more than 50 pounds shall be maintained to remain within the maximum annual leakage rates of 15 percent for total refrigerant in air conditioning equipment and 35 percent of total refrigerant in ship stores and cargo refrigerant as stated in OPNAVINST 5090.1 (series). ODS shall be recovered prior to maintenance on systems. Persons who perform maintenance, service or repair of any appliance which contains and/or uses Class I or II refrigerants shall hold a valid EPA approved certification as Universal Technician as required by 40 CFR part 82.

3.2.11 Compliance with HAZMAT Laws, Statutes and Regulations. The Contractor shall comply with the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; the Clean Air Act (CAA), 42 U.S.C. § 7401 et seq.; the Clean Water Act (CWA), 33 U.S.C. §§ 1251-1387; the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601 et seq.; 10 U.S.C. § 7311: the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., and all applicable Federal, State, interstate, and local environmental statutes and regulations. When practicable, the Contractor shall utilize DOD turn-in sites and procedures for the recycling or disposal of hazardous substances. These sites are identified in enclosure (3) to COMSC Instruction 4110.1 (series).

3.2.11.1 Material Safety Data Sheets (MSDS). An inventory of hazardous materials used onboard ship will be maintained. Hazardous materials (HAZMAT) will be used and stowed in accordance with MSDS guidance. MSDS shall be obtained from the supplier for hazardous material used, handled, packaged and transported or disposed. The Contractor shall ensure that an inventory of hazardous materials brought onboard is accurately maintained.