DRAFT_N00033-14-R-5220_RFP.doc

DRAFT RFP N00033-14-R-5220

1. THIS IS A DRAFT OF RFP N00033-14-R-5220 TO BE RELEASED IN THE NEAR FUTURE.

2. POTENTIAL OFFERORS ARE ENCOURAGED TO BECOME FAMILIAR WITH THE REQUIREMENT AND APPLICABLE TERMS AND CONDITIONS.

3. THE RFP WILL CLOSE 30 DAYS AFTER IT IS RELEASED.

4. ARRANGEMENTS FOR ISLAND SITE VISITS WILL BE MADE AFTER THE RFP IS RELEASED. APPLICABLE CONTACT INFORMATION FOR THE VISITS WILL BE PROVIDED.

5. PLEASE FORWARD ANY QUESTIONS/ COMMENTS TO TRACY SCOTT WHOSE E-MAIL ADDRESS IS LOCATED WITHIN THE RFP.

DO-

PAGE

OF PAGES

2 | 109

2. CONTRACT NUMBER

DRAFT N00033-14-R-5220

4. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

NEGOTIATED (RFP)

TBD

6. REQUISITION/PURCHASE NO.

N00033-14-R-5220

7. ISSUED BY

CODE

Military Sealift Command, N1033/PM5

914 Charles Morris Court SE

Washington Navy Yard, DC 20398-5640 See Item 7

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”

SOLICITATION

9.

Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in See Item 7 until 0900 local time TBD.

CAUTION ( LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION (

CALL:

NUMBER

685-538053805078

EXT.

Tracy.scott1@navy.mil

11. TABLE OF CONTENTS

AND OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within __60__ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

(The offeror acknowledges receipt of amendments to the

SOLICITATION for offerors and related documents numbered and dated):

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND

OFFER (Type or print)

ADDRESS

OF

OFFEROR

15C. CHECK IF REMITTANCE

AREA CODE

NUMBER

EXT.

ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: N/A

10 U.S.C. 2304(c) ( )

FORMCHECKBOX

41 U.S.C. 253(c)( )

ITEM

24. ADMINISTERED BY (If other than Item 7)

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT -- Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Section A - Solicitation/Contract Form

SECTION A

MSC RFP N00033-14-R-5220

DRYVOY

UNDER FAR PART 15

PREAMBLE

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

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

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

4.

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

Section B – Supplies or Services and Price/Cost

Guaranteed Freight; Firm Period Lumpsum

FFP

FOB: Destination

NET AMT

Guaranteed Freight; Option One Lumpsum

NET AMT

Guaranteed Freight; Option Two Lumpsum

NET AMT

Guaranteed Freight; Option Three Lumpsum

NET AMT

Guaranteed Freight; Option Four Lumpsum

NET AMT

B.1 Vessel or Tug/Barge capable of carrying cargo between Port Hueneme, San Nicolas Island, and Santa Cruz Island, all in California.

B.2 Form of Submission

Vessel(s):

MSC BOXES

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

PART I. DRYVOY BOXES

a. Load: F.I.O. ex S.S

b. Discharge: F.I.O. ex S.S.

Port Hueneme, California San Nicolas Island, California

Santa Cruz Island, California

5. Discharging Port(s)/Place(s):

Port Hueneme, California

San Nicolas Island, California

Santa Cruz Island, California

6. Laydays(per voyage):

Commencing: As required by the COR with 48 hours notice Cancelling: As required by the COR with 48 hours notice

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

This solicitation in its entirety is being used in lieu of referencing MSC DRYVOY 2013 (Rev 1 (10-13)) Proforma, see changes contained herein. Recommend all Offerors review the solicitation and their proposals carefully.

N00033-14-R-5220

Contract Number (date): TBD

8. Vessel/Flag/Year Built:

9. Proposal Firm Until:

10. Amendments Acknowledged (amendment numbers and dates):

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

13. Broker (address, phone, e-mail, fax):

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

14. Laydays Proposed:

Commencing: 01 October 2014

Cancelling: 31 December 2014

15. Expected Ready to Load: N/A

16. Voyage Itinerary:

TBD

17. Lift Quantity (ies) Proposed: Full Cargo: X Partial Cargo:

18. Voluntary Intermodal Sealift Agreement (VISA) Status of Offeror and Vessel(s): (SELECT ONE)

19. Rates (USD)

CLIN Description Lumpsun Rate per Voyage Guaranteed 12 Above Guaranteed 12 Failure to Deliver

0001 Firm Period

0002 Option One

0003 Option Two

0004 Option Three

0005 Option Four

Contract Number (date):

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

43. Classification society entered and class assigned:

44. Insured value of vessel (USD):

45. Vessel's present position/destination:

48. MarAd subsidized vessel: Yes No

51. Total grain cubic capacity (cu ft / cubic meters underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides):

52. Total Bale cubic capacity (cu ft / cubic meters underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides):

53. Number of tween decks:

54. Cargo Space

a. Square footage of cargo space (note particularly total ft2, ft2 with 10 ft clearance, ft2 underdeck, Ro/Ro Space):

b. Square meters of cargo space (note particularly total m2, m2 with 3.048 m clearance, m2 underdeck, Ro/Ro Space):

55. Total underdeck container capacity (TEU/FEU):

56. Total on-deck container capacity (TEU/FEU):

57. Total refrigerated-container capacity (TEU/FEU, including number/style of outlets):

58. Reefer-space capacity (cu ft / cu meters):

59. Deep-tank capacity (cu ft/cu meters/bbls):

60. Capacity of spaces fitted with cell guides (TEU):

61. Amount and location of permanent ballast carried:

61. General description of ramps (number, location, size, capacity, and type) (note particularly weight of heaviest permissible vehicle in LT or t):

Vessel:

Solicitation Number (date):

Contract Number (date):

63. General description of cargo spaces and special features:

Decks: number, size in ft2 and cu ft; size in m2 and cu m; strength in psf/kPa; arrangement

Holds and Hatches: number and size

Hatch Covers: number, size, composition, and type

Underdeck Height Restriction

Description of lashing points; lashing and securing gear; type; description; and amount aboard

Barge-Stowage Particulars

Float-on / Float-off Particulars

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

65. Has vessel been involved in any serious grounding or collision within twelve months from the submission date of this proposal?

(include full description if "yes")

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

67. CONTINUATION

Unless specifically referenced in box 7, this page I-5 does not apply to this Charter Party.

Solicitation Number (date):

Contract Number (date):

68. Performing Vessels:

69. Program of Shipments

CONTINUATION

70 Space for continuation of responses (refer to prior box numbers):

Box #

Section C – Description/Specifications/Work Statement

C-3 Mission.

C-1 Mission C-1.1 Mission. The Vessel is to be employed between Port Hueneme, San Nicolas Island, and Santa Cruz Island, all in California, for the transportation of cargo (including but not limited to hazardous cargoes, vehicular, containerized and general cargoes) in accordance with the terms of this Charter.

C-1.2 Load Port(s)/Place(s): Port Hueneme, Ca; San Nicolas Island, Ca; Santa Cruz Island, Ca.

C-1.3 Discharging Port(s)/Place(s): Port Hueneme, Ca; San Nicolas Island, Ca; Santa Cruz Island, Ca.

C-1.4 Charter Period. Base period of up to one year with four 1-year options.

C-1.5 Performance Start:

Commencing: 01 October 2014

Cancelling: 31 December 2014

C-2 Vessel Characteristics

a) The vessel must be a minimum of 200 feet length overall.

b) The vessel shall have a protective bulkhead a minimum of six feet high on each side and a bulkhead forward at least eight feet high to prevent salt-water contamination of deck cargo.

c) The vessel shall be equipped with a ramp fixed at the inboard end and capable of being lowered to discharge and receive cargo.

d) The ramp shall have a minimum width of 14 feet and have a minimum length of 40 feet.

e) The vessel shall have sufficient permanent tie points installed to provide for securely lashing down cargo over the entire deck.

C-2.1 Special Requirements

a) The vessel must have the ability to accomplish an operational landing at the Open Ocean, Roll On / Roll Off (OO RO/RO) Cargo Pier on San Nicolas Island (SNI).

b) The vessel must be capable of a beach type landing at Santa Cruz Island (SCI).

c) The vessel shall land in conditions ranging from calm to 5-foot surf.

d) The towing vessel shall have maneuverability and horsepower/bollard pull sufficient to conduct operations in an open ocean environment.

C-2.2 Cargo C-2.2.1 Cargo Capacity:

a) Loads of varying size and makeup will be transported including but not limited to: highway tractor-trailers, tractor trailer tankers, various size trucks, vans and passenger vehicles, bulk cargo, construction equipment, petroleum products and hazardous materials. On occasion may require the carrying of ordnance in addition to regular cargo.

b) Estimated average load will require 7,100 continuous square feet of open deck space and weigh approximately 505 short tons.

C-2.2.2 Cargo Operations:

a) The loading or unloading operation at SNI and SCI will be determined by prevailing tides, available light, sea state and the safety of personnel involved.

b) Landing operations at SNI require the use of 3 mooring points capable of maintaining the vessel in position at the OO RO/RO Cargo Pier so that unloading and loading of cargo can be carried out in a safe and professional manner.

c) The government will load and offload all cargo.

d) At SNI, the vessel will approach so the ramp end is capable of resting on the OO RO/RO Cargo Pier.

e) During the unloading and loading of the vessel, the contractor will be responsible for maintaining the vessel in a safe and secure position.

f) The barge operation shall commence and proceed at the discretion of the captain of the vessel.

g) Placement of cargo on the vessel will be monitored by the contractor using a load manifest provided by the government.

h) Securing of the cargo aboard the vessel shall be the responsibility of the contractor.

i) When transporting hazardous waste materials, a uniform hazardous waste manifest shall be generated by government personnel to accompany the material. Any vessel carrying hazardous waste must be compliant with federal and state regulations C-2.2.3 Cargo Equipment:

a) When loading or unloading cargo at Port Hueneme, the government will provide equipment and personnel between the hours of 0700 and 1600 hours.

b) The vessel shall be held in position using government supplied mooring lines at the OO RO/RO Cargo Pier.

c) The vessel must have winches or devices of sufficient mechanical advantage to make use of the supplied mooring lines.

d) The contractor shall use standard marine cargo lashing gear to secure the equipment or vehicles to prevent damage of cargo caused by the rolling motion of the vessel.

C-2.4 Regulatory Items C-2.4.1 HAZMAT Regulation. Owner must comply with IMDG/49 CFR HAZMAT Regulation.

C-2.4.2 International Maritime Dangerous Goods Certificate. Owner must maintain current International Maritime Dangerous Goods Certificate. Potential shortfalls are to be identified (i.e. A-60 Bulkhead).

C-2.4.3 On-Board Condition Inspection(OCI). Vessel must pass OCI prior to hire.

C-2.4.4 HAZMAT Training. Owner must warrant that Vessel’s crew is HAZMAT trained or will be prior to delivery.

C-2.4.5 Other. The vessel shall have a current Coast Guard, ABS Load Line Certification of Inspection.

Section D – Packaging and Marking

SECTION D

SECTION D

PACKAGING AND MARKING

D-1

RESERVED.

Section E - Inspection and Acceptance

SECTION E

SECTION E

INSPECTION AND ACCEPTANCE

E.1- INSPECTION

(1) In General. The Vessel and her hull; machinery; boilers; all holds, voids, tanks, spaces and equipment whatsoever shall be subject to Charterer's inspection as to suitability for the required service prior to acceptance of the Vessel and at any time during the period of this Charter Party. The Owner shall instruct the Vessel's Master to give every assistance so as to enable Charterer's inspector(s) properly to observe operations throughout the Vessel.

(2) Charterer's Rights. If in the opinion of the Charterer's inspector a deficiency or condition renders the Vessel inadequate for the required service, the Charterer shall have the option to cancel this Charter Party at no cost to the Government or to require any necessary corrective actions at the Vessel's expense and to the Charterer's satisfaction.

(3) Limitation of Charterer's 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 Owner by operation of law.

(4) Cooperation of Master. The Charterer or designated representative(s) shall have the right at loading and/or discharging port(s) or place(s) to inspect the Vessel and observe operations. The Owner shall instruct the Master to give every assistance so as to enable said representative(s) to observe operations throughout the Vessel properly. Charterer’s representative(s) shall not interfere with the Vessel’s operations. Any delay to the Vessel resulting from the Charterer’s inspections shall count as laytime or, if the Vessel is on demurrage, as time on demurrage.

(5) Surveyors and Consultants. Surveyors or consultants as mutually agreed may be retained under this Charter in order to facilitate fact-finding in respect of actual or potential claim actions or for inspections or surveys generally; the costs therefor shall be as mutually agreed and, if for Charterer's account, said costs shall be incurred only after prior written approval from the Contracting Officer.

E-2 ACCEPTANCE. Final acceptance of all services provided under this Contract shall be made only upon certification of the final invoice as defined in the invoicing provisions contained in Section G. Such certification shall be made by the Contracting Officer or his designated representative.

E-3 CARGO RECEIPT (MSC 5252.247-9814 (AUG 2005)).

E-3.1 Manifest/Bill of Lading. The Charterer or consignor of the cargo shall prepare a manifest and/or bill of lading, which shall list the cargo loaded on the Vessel. The Master shall sign said cargo receipt(s) in acknowledgment of the receipt of cargo said to have been loaded by the Charterer or the consignor of the cargo, without responsibility as to quantities, mixture, mark, number of packages, weights, etc., or the apparent condition of the cargo, it being understood that it is the Charterer's or the consignor's responsibility to tally the cargo and to check the condition thereof upon loading and discharging. The Contractor shall provide a copy of the signed manifest(s) upon request by the Government.

E-3.2 Charter Paramount. Any receipt signed by or on behalf of the Master or Agent shall be without prejudice to the terms, conditions, and exceptions of this Charter and subject to all of them. The terms of this Charter Party shall apply to any shipment made by the Government whether or not bills of lading are issued.

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

SECTION F

SECTION F

DELIVERIES OR PERFORMANCE

F.1 - Contractor shall report with vessel, crew, and additional personnel as required by the Government on a specific date with at least 48 hours’ notice from the COR.

F.2

(1) Excepted events. Neither the Vessel, her Master, the Owner, nor the Charterer shall, unless otherwise in this Charter Party expressly provided, be responsible for any loss or damage or delay or failure in performing hereunder arising or resulting from any act of God; act of public enemies, pirates, or assailing thieves; arrest or restraint of princes, rulers, or people; seizure under legal process provided bond is promptly furnished to release the Vessel; flood; fire; blockade; riot, insurrection, or civil commotion; earthquake; or explosion. The Vessel shall have the liberty to sail with or without pilots, to tow and to be towed, to assist Vessels in distress, and to deviate for the purpose of saving life or property, or to go into dry dock or into ways with or without cargo, passengers or other personnel, as applicable, onboard.

(2) Notification. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(3) Reservation. The exceptions identified in subparagraph (1) above shall not be such as to affect the Owner's warranties respecting the condition of the Vessel, or the Owner's obligations respecting the services specified under this Charter. Defaults of subcontractors at any tier or the Owner’s failure to perform due to a labor disruption, labor dispute, or strike shall not constitute excepted events under subparagraph (1).

(4) Weather. The unique Meteorological and Oceanographic conditions at San Nicholas Island can prevent the safe operational landing of a vessel. If conditions outside the control of the owner/master require the owner/master not to deliver cargo then owner/master shall be due only payment pre-approved as “failure to deliver”.

Section G - Contract Administration Data

SECTION G-1 - G-4(F)

SECTION G

CONTRACT ADMINISTRATION DATA

G-1 Designation of Principal Contracting Officer.

The Principal Contracting Officer for this contract is:

Kenneth D. Allen, Contracting Officer (Code N1033/PM5)

Department of the Navy

Military Sealift Command

914 Charles Morris Court SE

Washington Navy Yard DC 20398-5540

G-2 Contracting Officer’s Representative (COR).

(a) Upon contract award, the Contracting Officer’s Representative (COR) will be named in writing. As such, this individual will be responsible for monitoring the performance of the Owner and the adherence to the requirements of the Contract as defined herein.

(b) The COR shall provide technical guidance on a day-to-day basis, and perform routine inspections of the facility on behalf of the Contracting Officer. In no event, however, shall any understanding or agreement, modification, change order, or other matter deviating from the terms of the Contract be authorized by the COR, or any other Government personnel, unless formalized by the proper documents executed by the Contracting Officer.

(c) When in the opinion of the Owner, the COR, or any other Government personnel, requests effort outside the existing scope of the Contract, the Owner will promptly notify the Contracting Officer. No action will be taken by the Owner under such technical instruction unless the Contracting Officer authorized the change.

G-3 Invoice Requirements.

Note: WAWF invoicing and payment procedures are implemented for this contract.

(a) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(b) Invoices for reimbursement submitted under this Contract must be submitted no later than 90 days from receipt/payment of a payable invoice from a subcontractor. Any invoice for reimbursement not submitted within this timeframe may not be payable under the Contract.

(c) If payments due under this contract have been assigned pursuant to FAR 52.232-23 (Assignment of Claims (JAN 1986)), invoices must include the name of the assignee, address and account number where disbursements are to be forwarded.

(d) Occasionally an invoice may be returned for correction. A "corrected" invoice shall be submitted for any returned invoice. The corrected invoice is acceptable only when the original invoice (for which the correction is submitted) is referenced in WAWF in the Description field or attached to the corrected invoice (for paper submissions).

(e) Personnel of the Military Sealift Command are prohibited from altering an invoice in any respect. Any deduction or difference between the amount invoiced and the amount paid will be explained by the Program Office, which will provide the applicable deduction sheet via facsimile.

(f) Questions regarding deductions should be referred to the Program Office. If the Contractor does not agree with a deduction, it may present a claim in accordance with FAR 52.233-1 (Disputes (JUL 2002)). If the claim is approved, corrections will be made by a Reinstatement, MSC Form 7560/3, prepared by the Program Office.

(g) All correspondence relating to invoices should contain the ship's name, company name, contract number, and invoice number.

(h) All invoices, vouchers, or routine requests for payment of reimbursable expenses under this contract must be submitted by the Contractor to the Government not later than one year after the date of service or delivery of goods being billed. Any invoice, voucher, or other routine request for payment not so submitted shall be deemed waived by the Contractor.

G-4 Reimbursable Supplies and Services, Time Charter.

(1) 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.

(2) 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 $2,500 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 (i) through (iii) below to the Contracting Officer for approval, prior to purchasing fuel. For purchases of services and supplies and 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.

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

(ii) Identification of the proposed subcontractor and price.

(iii) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

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

(8) 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.

CLAUSES INCORPORATED BY FULL TEXT

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through

WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Invoice

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Not Applicable

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC

N00033

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

N62387

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

COR email address to be provided upon award.

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. MSCHQ_WAWF@navy.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (AUG 2012)

The information contained in this instruction is supplemental to DFARS 252.232-7006.

The information contained in the table in DFARS 252.232-7006 is for WAWF purposes only. Information included in DFARS 252.232-7006 and this WAWF instruction apply only to WAWF Invoicing and WAWF Receiving Reports. Contradictory information elsewhere in this contract, e.g. Ship to DoDAAC, shall be followed per the terms and conditions of the contract.

When entering the invoice into WAWF, the Contractor shall fill in the DoDAAC fields or DoDAAC extensions exactly as shown in the table in DFARS 252.232-7006. Fields that should not be filled in when entering the invoice into WAWF will be indicated with the direction, "Leave Blank."

In some situations the WAWF system will pre-populate the "Pay DoDAAC," "Admin By DoDAAC" and "Issue By DoDAAC." The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the information in the table in DFARS 252.232-7006. If these DoDAACs do not match, then the Contractor shall correct the field(s).

If Receiving Reports are required, ensure that the "Inspection" and "Acceptance" defaults of "destination" for both fields are not changed in the WAWF online interface.

The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract document including CLIN number (e.g. 0001), Quantity (may be adjusted for actual quantity or dollar value delivered and invoiced), and Unit Price (e.g. $1.00). The dollar amounts on each CLIN or SubCLIN on the WAWF invoice shall reflect final performance values, but in no instance can the dollar amount for each CLIN or SubCLIN exceed what is specified in the contract document. The Contractor shall bill to the lowest level, e.g., the SubCLIN level. The Quantity and Unit of Measure fields must be filled out exactly as indicated in the CLINs and SubCLINs to reduce the possibility of the invoice being delayed or rejected during processing.

Before closing out of an invoice session in WAWF, but after submitting the document or documents, the Contractor will be given the option to send additional email notifications by clicking on the "Send More Email Notifications" link that appears on the page. The Contractor shall click on this link and add the Technical Point of Contact's (TPOC) or Contracting Officer's Representative's (COR) email address in the first email address block and add any other additional email addresses desired in the following blocks. This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF system.

(End of instructions)

Section H - Special Contract Requirements

SECTION H-1 - H-2

SECTION H

SPECIAL CONTRACT REQUIREMENTS

TABLE OF CONTENTS

H.1 Reserved H.2 Disputes

H.3

Risk of Loss

H.4

Taxes

H.5 Termination for the Government’s Convenience

H.6 Termination for cause H.7 Warranty (Voyage)

H.8 Other compliances

H.9

Compliance with laws unique to Government Contracts

H.10 Order of Precedence

H.11 Freight (MSC 5252.232-9807)

H.12 Cargo

H.13 Non-Government Cargo

H.14 Loading and Discharging

H.15 Ports (MSC 5252.247-9816)

H.16 Notice of Readiness

H.17 Cancelling (MSC 5252.247-9816)

H.18 Cargo Receipts

H.19 Insurance

H.20 Stevedore Damage (MSC 5252.247-9830)

H.21 Safety in Loading and discharging Cargo

H.22 Deck Cargo (MSC 5252.247-9841)

H.23 Quarantine (MSC 5252.247-9857)

H.24 Reserved H.25 General Average (MSC 5252.247-9818)

H.26 Deviation (MSC 5252.247-9819)

H.27 Agents (MSC 5252.247-9820)

H.28 Subcharter (MSC 5252.247-9822-Alternate I)

H.29 War

H.30 Substitution (MSC 5252.212-9808)

H.31 Law Governing (MSC 5252.247-9833)

H.32 Notice of ETA (MSC 5252.247-9835)

H.33 Loading and Discharging (F.i.o.ex s.s.) (MSC 5252.247-9850)

H.34 Position Reports

H.35 Tugs and Barges

H.36 Supercargo and Government Representatives

H.37 Reserved H.38 Reserved H.39 Reserved H.40 Reserved H.41 Securing and Stowing of Ammunition Containers

H.42 Safety and Fire Protections and Lighting

H.43 Emergency Preparedness

H.44 Explosive Warranty H.45 Crew List

H.46 Definitions

H.1 Reserved H.2 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.

H.3 Risk of Loss

(1) Carriage of Goods by Sea Act (COGSA). Except as otherwise specified herein, the Owner, Vessel, and Charterer in all matters arising under this Charter Party shall be entitled to the like privileges, rights, and immunities (from the time the cargo is loaded until the time it is discharged from the Vessel) as are contained in 46 U.S.C. App. 1300-1315. However, any references in COGSA to (a) notices of loss or damage or (b) limitation-of-action periods shall not apply to this Charter Party. For purposes of this Charter Party, the term "carrier" as used in COGSA shall mean "the Owner" and the term "shipper" shall mean "the Charterer."

(2) Containers. For purposes of the application of the COGSA, goods shipped in containers that are stowed on deck shall be deemed shipped under deck. With respect to the limitation of liability provisions of COGSA, a container shall be considered a single package only if bulk cargo is stored therein. For non-bulk cargo shipped in containers, the limitation of liability provisions of COGSA shall apply to each package within a container or, for non-packaged cargo, to each measurement ton of cargo within the container. See also III(r) (Deck Cargo).

(3) Package Limit. Except in the case of containerized cargo, for purposes of the application of COGSA, in the case of any loss or damage to or in connection with goods exceeding an actual value $500 per package, or in the case of goods not shipped in packages, per measurement ton, the value of the goods shall be deemed to be $500 per package or per measurement ton, and the Owner's liability, if any, shall be determined on the basis of the value of $500 per package or per measurement ton, unless the nature of the goods and a valuation higher than $500 shall have been declared in this Charter Party and, in such case, if the actual value of the goods per package or per measurement ton shall exceed such declared value, the value shall nevertheless be deemed to be the declared value. Should the Charterer declare valuation higher than $500.00 per package or per measurement ton, the Charterer shall direct the Owner to obtain increased cargo legal-liability coverage on said higher-declaration cargo, with the expense of any additional premia and incurred deductibles therefor for Charterer's account.

(4) Other Statutes. The Owner and the Vessel shall have the benefit of all limitations of and exemptions from liability accorded the Owner by any U.S. statute or rule of law for the time being in force (except to the extent that contract terms entitle the Government to compensation from the Contractor for the Contractor's failure to perform the requirements and obligations of this Charter or to the extent such statute or rule of law is subordinate to any statutorily mandated provision of this Charter Party by operation of law).

(5) Fire. Neither the Owner nor any corporation owned by, subsidiary to, or associated or affiliated with the Owner shall be liable to answer for or make good any loss or damage to the cargo occurring at any time and even though before loading on or after discharge from the Vessel, by reason or by means of any fire whatsoever, unless such fire shall be caused by its design or neglect or unless such wholly owned, subsidiary, or associated corporation serves as underwriter for the Owner and the policy between the Owner and underwriter provides coverage for such liability.

H.4 Taxes Dues, taxes, wharfage, pilotage, towage, canal tolls, and other charges upon the Vessel, even when assessed on the quantity of cargo loaded or discharged, shall be paid by the Owner and for their account.

H.5 Reserved H.6 Reserved H.7 Warranty (1) General. Owner warrants that, from the time when the obligation to proceed to the loading port(s) or place(s) attaches, and thereafter during the currency of this Charter Party, the Vessel shall be in full compliance with the specifications herein in addition to all other requirements of this Charter Party. The Vessel's cargo capacity, position, and other particulars as set forth in this Charter Party are warranties by the Owner. Should the Vessel fail to satisfy one or more of such warranties or other warranties contained in this section not due to the fault of the Charterer, the freight may be equitably decreased so as to return the Charterer to a position equivalent to that had the warranty not been breached, this Charter Party otherwise to remain unaffected; alternatively, this Charter Party may in such case be terminated at Charterer's option pursuant to II(m) (Termination for Cause) above.

(2) Condition. The Owner warrants that, before and at the commencement of the voyage(s) hereunder, it shall exercise due diligence to ensure that the Vessel and her hull, machinery, gear, runners, boilers, holds, and other equipment are fully functional and in good working order and condition, with holds dry, free from smell, and swept clean, and that the Vessel is in every way seaworthy, tight, staunch, strong, and fit to carry and preserve the cargo identified in Box 2 and to perform the voyage(s) required hereunder.

(3) Regulatory Compliance. The Owner warrants that the Vessel shall be in full compliance with all applicable international conventions; and all applicable laws, regulations, and other requirements of the nation of registry and of the nation(s) and local jurisdictions to whose port(s) and/or place(s) it is contemplated that the Vessel may be ordered under this Charter Party; and of any terminals or facilities in said port(s) and/or place(s); and of any classification society in which the Vessel is entered. The Owner further warrants that the Vessel shall have on board during the currency of this Charter Party all certificates, records, or other documents required by the aforesaid conventions, laws, regulations, and requirements, including a Certificate of Financial Responsibility meeting the requirements of the U.S. Coast Guard promulgated pursuant to the Federal Water Pollution Control Act as amended and/or the Oil Pollution Act of 1990, and valid gear certificates as required. Upon delivery and throughout the currency of this Charter Party, Vessel shall be entered and maintained in the highest class of a recognized classification society.

(4) Complement. The Owner warrants that the Vessel shall have an efficient and legally sufficient complement of Master, Officers, and crew with adequate training and experience in operation of all of the Vessel's equipment and possessing valid and current certificates/documents issued or approved by the country of the Vessel's registry. The Owner further warrants that the Master and those Officers charged with cargo and/or bunker oil handling shall be proficient with conversational English.

(5) Port Restrictions. If particular ports or places are identified in Boxes 3 and 5, the Owner warrants that a vessel of the type, tonnage, and configuration of the Vessel identified in Box 8, laden as contemplated herein, shall be able to approach, lie at, and depart from said ports or places (if safe) always afloat. Any data supplied by the Charterer in any RFP or this Charter Party respecting any port conditions or restrictions are provided for informational purposes and are not warranted to be complete or accurate. Compliance with any additional and/or conflicting conditions or restrictions shall be the Owner's responsibility.

(6)…