2_N00189-07-R-0022-Atch5-PWS.doc

ATTACHMENT 5

PERFORMANCE WORK STATEMENT (PWS)

The following Performance Work Statement (PWS) or Performance Based Statement of Work (SOW) provides an example of the types of services and supplies that might be required throughout the period of performance of any delivery orders issued from this contract. The SOW and the contract requirements henceforth are not all inclusive of all services that may be needed or requested during a port visit or ordering activity’s mission related circumstances.

I. GENERAL

1. SCOPE

(a) This requirements contract is for the performance of husbanding services for United States Navy (USN) Vessels. Optional users authorized to use this contract are other United States Navy Commands, United States Marine Corps (USMC), Military Sealift Command (MSC), and the United States Coast Guard (USCG). The pricing contained in this contract is also authorized for use by foreign vessels visiting these ports on official invitation by the United States Government. This contract is for a Husbanding Service Provider (HSP) and not a husbanding agency. The contractor awarded the contract will be a U.S. Navy contractor, not an agent of the U.S. Navy.

(i) Additionally, the husbanding Contractor may be called upon to provide services and supplies in support of Operations Other Than War (OOTW) such as humanitarian missions, exercises, disaster relief operations, and other crisis response situations within the geographic scope of this contract and outlined herein.

(ii) The geographic scope and region covered by this contract includes ALL ports located in Canada, the Caribbean (including Bermuda and the Bahama Islands), Central America, Mexico, and South America (C3MS). Example countries and ports are:

Region

Ports/Country Canada

Halifax

Caribbean

Willemstad, Curacao

Central America

Colon, Panama

Mexico

Acaculpo

South America

Manta, Ecuador

(b) The Contractor shall provide the highest level of commitment to customer satisfaction including the timely delivery of quality goods and services at fair and reasonable prices to ships and ordering activities making port visits;

(c) The Contractor shall provide supplies and services conforming to this Performance Work Statement (PWS) and shall monitor the provision of the supplies and services to assure their timely delivery in conformance with the Performance Based Statement of Work (SOW). The Contractor shall assure that supplies and services arranged on behalf of a ship's Supply Officer (SUPPO) or other ordering activity officers conforms to their requirements and shall assist the ordering activuty or SUPPO with any problems in meeting the requirements.

(d) The Contractor is required to assist the Contracting Officer who is entitled to conduct, at a minimum, quarterly audits of charges and supporting documentation for any of the services or supplies listed below. The purpose of the audit is to assure the reasonableness of prices paid for items not priced in the contract or to confirm volumes of both priced and unpriced items, which include, but is not limited to, an audit and review of charges and supporting documentation (inclusive of volume and usage documentation) including:

(i) Priced items such as CHT and trash charges

(ii) Arranging Supplies and Services and General Assistance, for example: FF&V, Bread and Eggs, Bottled Water, and water taxis

(iii) Support for services such as OOTW and Force Protection

(iv) Husbanding services in ports not priced

(e) In performing this contract, the Contractor shall comply with its terms and conditions and with the laws or regulations of the country/port where performance occurs and shall obtain any insurance, licenses or permits required by these laws or regulations.

(f) The Contractor shall identify representatives to act as the principal points of contact between the Contractor and the Fleet Industrial Supply Center Norfolk concerning pricing and performance issues throughout the region. These individuals shall facilitate communications among ordering activities such as ships, Defense Attaché Office’s (DAOs), Port Services Officers and FISC Norfolk.

(g) All contractor and subcontractor equipment and personnel are subject to inspection and search by U.S. Government security officials. Contractor personnel shall comply with all security procedures required to gain access to U.S. Government ships, facilities, and other assets. If directed by U.S. Government security officials, the Contractor shall remove any equipment or person considered a security risk.

(h) The Contractor will be held liable for all damages and cost impacts to the U.S. Government resulting from the Contractor's failure to exercise reasonable care in the performance of any services or the execution of contractual duties pursuant to this contract.

(i) The Contractor must have Internet capability sufficient for transmission and receipt of LOGistical REQuirements (LOGREQ)s, electronically generated delivery orders, and submission of reports required herein.

II. HUSBANDING SERVICES

1. GENERAL

The Contractor shall provide husbanding services to ships and ordering activities visiting the ports specified in this statement of work. The husbanding fee is the compensation that the Contractor shall receive for obtaining the requirements set forth by the ordering activities. The Contractor’s involvement starts prior to the arrival of the ship or ordering activity and continues after their departure. The husbanding fee covers regular and overtime labor of all Contractors’ personnel supporting the visit plus indirect expenses, including all management, overhead and general and administrative expenses. Any other compensation in the form of rebates and/or discounts shall be passed on to the U.S. Government.

The husbanding fee is based on a scale directly related to the ‘Class Type’ of the ship and broken down by the first day and subsequent days of port visit. Husbanding fees for other ordering activities shall be based on the size of the activity and the number of personnel taking part in the port visit, e.g., assistance to the Explosive Ordinance Disposal (EOD) advance party of 3 personnel would equate to a ‘Class I’ ship type fee.

The main phases of a port visit are outlined below, but not limited to, the following:

2. ADVANCE PARTY

In the event that an advance party for an activity arrives in port prior to actual arrival, the Contractor will assist the advance party by providing logistical support and coordinating all requirements. When the Contractor hosts an advance party, the Contractor is entitled to bill at the “Subsequent Days daily rate” for husbanding services for each day of support provided “in person” to the advance party.

The contractor may also be required to assist advance parties arriving in port prior to a ship’s arrival with their logistics requirements. The Contractor shall arrange for hotel rooms that do not exceed the government per diem rate for advance planning teams.

3. SHIPS’S LOGistics REQuirements (LOGREQ) U.S. Navy ships have been directed to provide electronically i.e. via e-mail, a copy of the unclassified “logistics requirements” (LOGREQ) message directly to the husbanding Contractor as described under “ISSUANCE OF ORDER” in Contract Terms and Conditions – Commercial Items (FAR 52.212-4 Addendum). This LOGREQ will contain the majority of supplies and services required by the ship, and once confirmed by the ship, will represent an oral order upon which the Contractor shall begin performance.

(a) Specifications shall be detailed enough so that the product or service meets the activities needs, but not so explicit that the contractor is discouraged from using his expertise and skills to propose innovative solutions, hence, performance based contracting. In other words, the LOGREQ shall be a statement of objectives. Sufficient information should be included to ensure that the quality and quantity of service is defined, in addition to the precise outcome. For example, a statement of objectives for stores provision shall concentrate on the number, quality and range of items expected to be required and the response time for their delivery, rather than the means of transport or manning levels required to provide the service.

(b) A ship or an activity authorized to pass a LOGREQ on behalf of the ship (i.e. Port Service Office or DAO), or an authorized ordering activity may notify the Contractor of a forthcoming visit requiring husbanding services. Upon notification of a visit, the Contractor shall make such preliminary arrangements as necessary with port authorities, other Government Contractors, and other commercial firms to provide supplies and services requested by the ship. Until a LOGREQ is issued and confirmed by the ship or ordering activity, these preliminary arrangements shall not result in a financial commitment to any third party by the government.

(c) Ships will provide force protection requirements(barriers, radios, portable lighting, etc.) in unclassified LOGREQ messages issued by the ship to Government activities. While security plans are classified, items needed for security and requested in the LOGREQ are unclassified as long as their specific use in the security plan is not disclosed. The activity to which this message is addressed will contact the Contractor and pass the ship’s force protection requirements to the Contractor for action. The Contractor shall confirm with the ship that these force protection requirements have been received and once confirmed by the ship the contractor shall begin performance. The ship’s Supply Officer (SUPPO), or Commanding Officer may also request, in extenuating circumstances, additional force protection requirements not covered by the unclassified LOGREQ by email, telephone, or personally upon ship’s arrival, but late requests should be the exception and not the rule. In this case, the Contractor shall coordinate with the SUPPO before providing any additional force protection services/equipment. If any other activity or individual orders force protection services (i.e. Naval Criminal Investigative Service (NCIS), etc) not covered in the ship’s unclassified LOGREQ, the Contractor is required to immediately inform the ship and receive confirmation prior to beginning performance of these services.

(d) Once a LOGREQ is received, the Contractor shall complete a price estimate for all the requirements described in the LOGREQ within 24 hours of receiving the LOGREQ. This estimate shall be transmitted to the ship or ordering activity, the activity authorized to pass a LOGREQ on behalf of the ship (i.e. Port Service Office or DAO), or any other authorized ordering activity using the Contractors’ Port Visit Cost Reporting Program. The authorized individual on the ship, the activity authorized to pass a LOGREQ on behalf of the ship (i.e. Port Service Office or DAO), or the authorized ordering activity shall confirm or dispute the estimate submission. The Contractor shall resolve any disputes and withhold any performance that may result in a financial commitment until the ship, the activity authorized to pass a LOGREQ on behalf of the ship (i.e. Port Service Office or DAO), or the authorized ordering activity has confirmed the estimated pricing is reasonable.

NOTE: The Contractor shall handle all USN ship visit or any other ordering activity visit information (both paper and electronic) in accordance with their evaluated Security Plan and the terms and conditions of this contract.

4. INITIAL BOARDING

(a) The Contractor shall board each ship and or visit each ordering activity point of contact upon arrival at the port or area of operation.

(b) Upon arrival, the Contractor shall provide the SUPPO, if requested, copies of applicable port tariffs, proof of fair and reasonable pricing for unpriced items, and historical pricing for frequently ordered services, and with any other information provided by any other official government agency for distribution to the ship. Copies of applicable port tariffs and current prices for services shall have been translated into English. The Contractor shall be prepared to take additional orders for supplies or services at any time.

(c) In all ports or area of operation, the Contractor if requested, shall:

(i) Provide advance information on all recreational/liberty activities available in local area. Information (with associated costs) shall include, but is not limited to, sightseeing tours, entertainment, sporting events, transportation, lodging and visitor tips.

(ii) Prior to arrival, coordinate all recreation/liberty requirements communicated by the ship;

(iii) Disseminate information on full scope of recreational/liberty opportunities, sightseeing tours, and entertainment, sporting events, local area transportation and lodging;

(iv) Plan, coordinate and assist as necessary, in port requests for entertainment, athletic competitions, sightseeing tours and unit parties/picnics; and

(d) Upon initial boarding the Contractor is required to provide all emergency telephone numbers, e.g., Police, Hospital, Firefighters, etc. In addition, the Contractor is required to provide the emergency telephone numbers for hazardous material (HAZMAT) and oil spills to all ships upon initial boarding or in a LOGREQ reply.

5. POINT OF CONTACT

(a) Based upon the ship’s LOGREQ, the Contractor shall ensure the timely filling of all ship’s requirements. The Contractor shall designate at least one senior company official to be the Point of Contact (POC) under this contract for ALL logistic and contractual support directly to the Contracting Officer. The POC shall be fully fluent in English. The Contractor is required to designate the POC at the time of contract award.

(b) The Contractor shall designate at least one company official to be the Point of Contact (POC) for each LOGREQ submitted for action to work with ordering officer(s) on site at the place of performance. The POC shall be fully fluent in English. The Contractor is required to designate the POC along with their initial LOGREQ response.

(c) The Contractor shall visit the ship or ordering activity at least once per day and shall be available on call at all times 24 hours per day, seven days per week to assist the ship with requirements and to resolve problems. The Contractor shall work with the Government through the ship or ordering activity first and then FISC Norfolk to identify, mitigate, and solve problems, keeping in mind the service delivery goal to always exploit opportunities for cost savings and quality improvement.

(d) All Contractor personnel who deal directly with the ship must speak and understand conversational English and be able to discuss technical aspects of shipboard requirements and services available in the port.

(e) The Contractor is responsible for providing all interpreter services necessary to assure timely delivery and performance of the supplies and services ordered by the SUPPO or ordering officer.

6. ARRANGING SUPPLIES AND SERVICES & PROVIDING GENERAL ASSISTANCE

The ship(s) or ordering activity shall submit LOGREQ’s that include a request for a variety of services and supplies. The LOGREQ may contain unpriced items in fixed price ports or it may be for ALL items in a port for which fixed prices have not been provided, except for the first and subsequent days husbanding fees. In either case, the contractor shall comply with the process set forth in paragraph (a) below.

(a) SUPPLIES AND SERVICES NOT PRICED IN THE CONTRACT: Competition must be used to the maximum extent practicable. A justification for dispensing with competition must be provided for all requirements valued at $3,000 and above. Good reasons for dispensing with competition would be proven cost savings through the use of company negotiated flat rates based on quantity discounts or other commercial industry related contracts. Time constraints or a perception that one supplier is better than another are not valid reasons. Competing a requirement is unlikely to take more time than seeking or validating a single quotation and is far more likely to achieve good value for the government’s money. Competition also puts the ordering activity in a better negotiating position and allows for contingency options should the chosen supplier default.

The Contractor shall demonstrate the capability to obtain information from, and delivering information to, reliable sources for these items by identifying responsible sources, performing market surveys, providing fair and reasonable pricing information from at least three (3) sources whenever requested, if available, and ultimately delivering exceptional husbanding service quality for Government issued orders. Fair and reasonable determination shall be based on the methodology in FAR PART 13.106-3. In obtaining or delivering this information, the Contractor shall inform subcontractors that it is solely obtaining and delivering information for the Government, and is not entering into any contractual commitment directly and that all sub-contractual arrangements with them are with them the husbanding service provider alone.

The Contractor shall always be responsible for promoting competition to the maximum extent practicable to obtain supplies and services from the sources whose offer is the most advantageous to the Government. In addition, if the supply or service required is greater than $3,000, the Contractor shall provide information on the results of competition conducted by providing: name of the sources contacted, amount of each offer received (indicating the items ordered, quantity, unit price and total price) and rationale for the decision. This information must be made available via the port visit reporting program no later than 24 hours after ordering. All price competition documentation shall be posted on the port visit program prior to the ship or ordering agency’s departure from the visited port, unless waived from the SUPPO or ordering officer in writing. The Contractor’s responsibility to promote competition as indicated in this paragraph will be evaluated as a performance measure established in Attachment 13, QASP.

Conflict of Interest: The Contractor shall disclose to the Supply Officer of any ship or ordering activity for which the Contractor is providing services of any financial or beneficial interest the Contractor has or may have in any vendor whose supplies or services that are not otherwise covered under this contract are being offered to the Supply Officer. The purpose of this provision is to insure that the Contractor, or any vendor with whom the Contractor has a financial or beneficial relationship, will not promote that vendor over other such comparable vendors when the Contractor is providing assistance to the Supply Officer in conducting market surveys and/or gathering pricing information. Should a situation occur where the Contractor has (1) a financial or beneficial interest in a vendor, (2) has disclosed this interest to the Supply Officer, (3) the supply or service is essential to the ship’s mission and (4) no other source exists to provide such supply or service, the Supply Officer in his/her discretion may enter into a contractual relationship with that vendor. However, such an occurrence shall be reported to the Contracting Officer so that future occurrences can be avoided where possible.

(b) GENERAL ASSISTANCE: The Contractor shall provide assistance, as requested, to local military officials, as designated by the Contracting Officer/Ordering Officer, in arranging and/or performing protocol matters. This includes, but is not limited to, assisting with arrangements relative to official visits with local dignitaries, ships’ tours, official guest lists and receptions, etc.

The contractor may be requested to assist with customs clearance of inbound transshipment air/sea cargo for the ship that may arrive in advance of the scheduled port call. The Contractor is responsible for providing secure/bonded storage for all inbound cargo and mail. Anticipated usage for Class I, IA, IB, II, III, IV and V ships is (300 to 500 square feet) for 2 to 3 days as required, see " CARGO DRAYAGE/FREE TIME/DEMURRAGE/DETENTION". The Contractor is also responsible for accounting for receipt of inbound material, storage, and the delivery of inbound air/sea cargo to the ship. The contractor is responsible for retaining proof of delivery documentation for a period of six months after the time of material delivery to the ship for the purpose of reconciling with invoices.

(c) PASSING REQUIREMENTS FOR CONTRACTORS UNDER OTHER GOVERNMENT CONTRACTS. The Contractor shall coordinate and pass orders, to include transmission via fax or e-mail, to other Contractors holding U.S. Government contracts (i.e. Prime Vendor or Defense Energy Supply Center (DESC)) for various supplies and services required. The husbanding service being provided herein includes all necessary actions to facilitate the acceptance of supplies or services rendered under any Government contracts. Any disputes or discrepancies arising from the order will be resolved directly between the SUPPO and the other Contractor(s) with the assistance of the husbanding Contractor.

(d) UNAUTHORIZED COMMITMENTS: The Government will not pay the Contractor for any personal requests from individual crewmembers, visitors, or other agencies claiming they represent the ordering activity or ship, whether military or civilian, that are not authorized by the Supply Officer or designated ordering activity ordering officer.

7. UNIQUE / PARTICULAR SITUATIONS

(a) Assisting two or more ships: If the contractor can service two or more ships at the same time, using the same method of transportation, the Contractor shall provide service to the two or more ships (e.g. delivery of fresh fruits and vegetables (FFV) at one time for two ships using the same method of transportation), then the contractor shall utilize this cost savings process verses scheduling individual visits. This is evidence of a good cost control process. Contractor is only entitled to bill for one subsequent day fee during this process.

(b) Under Class I size vessels (based on the number of personnel): If two or more small vessels, under the size of Class I, come into the port together, submit consolidated requirements, and have approximately the same schedule, the Contractor will only charge for one Class I vessel vice two or more. However, if only one such vessel comes into port, the Contractor will charge full Class I rates.

(c) Frequent ship visits between ports: If a ship is frequently visiting two or more ports, it will be charged the first day rate for the first day in each port. If the ship returns to one of the ports within 3 days (i.e. prior to the fourth calendar day), subsequent visits to that port will be charged at the subsequent day rate. On the fourth day or subsequent day, the ship will be charged the first day rate (example: If the ship departs Friday and comes back before Tuesday, it will be charged subsequent day fees. If the ship comes back Tuesday, it will be charged the first day rate).

(d) If a ship comes into port and does not notify the Contractor or request any assistance, there will be no fees (e.g. if just dropping off passengers). If vessels request assistance of any kind, they will be charged first or subsequent days, subject to the conditions in paragraphs (b) and (c) above.

(e) Ship Repair Services: If ship repair services are required and performed in one of the ports covered by this contract, husbanding services will be provided only if required by the ship and the husbanding fees shall be negotiated on a case-by-case basis by the contracting officer or ordering officer.

(f) Long-term Service. If the ship or ordering activity is in port in excess of seven (7) consecutive calendar days, the Contracting Officer/Ordering Officer may reduce, by advance notice, the requirement for Husbanding Services until further notice. During the period of reduction, the Contractor is relieved of all Husbanding requirements specified by the Contracting Officer/Ordering Officer as unnecessary; and shall continue to provide only those services specifically authorized by the Contracting Officer/Ordering Officer via verbal and/or written modification of the delivery order (CHT, trash removal, potable water, etc.). Pro-rated Husbanding Fees will be paid for those days for which Husbanding Services were reduced by the Contracting Officer/Ordering Officer. Such pro-rated fees shall be commensurate with the levels and types of services to be continued during the period of reduction, and shall be negotiated between the Contracting Officer/Ordering Officer and the Contractor prior to commencement.

8. LOGISTIC SUPPORT TO GOVERNMENT TEAMS

(a) Government teams may conduct surveys in any ports covered by this contract. The Government may require the assistance of the Contractor in the ports to be surveyed.

(b) The Contractor shall assign an individual to participate in and assist with logistical arrangements for a team that will perform the survey. This team may visit a variety of ports in advance of ships' visits to assess the force protection levels of the port and to perform related functions. The Contractor's assistance shall include providing logistical support as requested by the Government, coordinating access and interviews with local officials, local husbanding services, and support Contractors, coordinating necessary translation services for the team, and assisting in the development of a final assessment report.

(c) The Contractor shall invoice port surveys at the subsequent day husbanding fee for a Class I ship in the port. In addition, the Contractor shall be reimbursed for economy class air transportation and daily per diem rate that includes, lodging, meals and other related expenses. The per diem rates shall be those set forth in the Joint Travel Regulation (JTR).

(d) Other expenses related to the service(s) and anticipated by the Contractor will be invoiced and reimbursed at cost. The Contractor shall submit all receipts, invoices or other valid documents to support the incurred expenses. The Contractor shall not pay for hotels, meals, rental vehicles, telephone expenses and any other expenses that the Government team members may incur and for which they can be reimbursed under their Government travel orders.

(e) If a delivery order with a "Not to Exceed " (NTE) amount is issued for the logistic support services, the Contractor shall promptly advise the Contracting Officer and withhold performance if he expects to exceed this amount.

III. SUPPLIES / SERVICES

The following PWS descriptions or SOW provides an example of the types of services and supplies that might be required throughout the period of performance of any delivery orders issued from this contract. The SOW and the contract requirements henceforth are not all inclusive of all services that may be needed or requested during a port visit or ordering activity’s mission related circumstances.

A TRASH REMOVAL

(1) Trash removal service is the collection and disposal of refuse (i.e., trash) including liquid, semi‑liquid, or solid garbage. Refuse does not include explosives and incendiary waste, or waste contaminated by medical and radiological processes.

(2) For ships at pier side, the Contractor shall place containers or trucks within twenty-five (25) meters of the ship or as permitted by port regulation, or barges alongside the ship. The Contractor shall empty the containers or barges when full and shall assure their continuous availability for trash disposal.

(3) For ships at anchorage, the Contractor shall empty the containers or barges when full and shall assure their continuous availability for trash disposal or at any other times agreed to by the Contractor and SUPPO.

(4) Trash collection at anchorage. For trash collection by barge, the Contractor shall provide trash barges/scows (with tug service if barge is not self-propelled) for ships at anchorage. The barges shall be completely empty at time of arrival at the ship. In situations where an empty barge is not available, the contractor shall provide a system to measure the volume of trash deposited in the barge by the Government’s ship or otherwise ensure that the ship is charged only for its “pro rata” share of the trash. All trash barges/scows shall be properly fendered to prevent damages to Government vessels. The Contractor shall have ready access to sufficient barges and equipment to support at least two (2) ships at anchorage simultaneously. The barge’s crew shall be entirely responsible for the tending of lines and for barge’s security. The movement of trash from the ship to the barge shall be performed with care by the ship’s sailors and in the manner ensuring the safety of the Contractor’s crew and barges. Any instances of unsafe practices shall be brought to the attention of the ship’s Commanding Officer, to ensure that corrective and preventive action is taken. In instances of bad weather, the Contractor shall remove barges within one hour of being directed to do so by the ship. Should a vessel with a trash barge alongside experience an emergency where the ship must depart, the SUPPO will advise the Contractor at least four (4) hours in advance for the barge pick-up at no additional cost to the Government.

(5) The Contractor shall submit, as an attachment to the invoices, a document that certifies the quantity collected and the name of the disposal plant where the trash will be disposed. The Contractor is also responsible to follow any environmental regulations required by each country. The Contractor is required to input all disposal certificates to the port visit cost reporting program and or make them available to the ordering officer upon request.

(6) Any spillage of refuse in the course of the removal operations shall be cleaned up immediately by the Contractor. Refuse containers, when used and when emptied, shall be returned to their original position with the lids (if any) replaced thereon.

(7) The Contractor shall be reimbursed based on the actual cubic meters of trash removed e.g., barge and or the price for one each disposal e.g., dumpster or barge, regardless of quantity of refuge.

B. COLLECTION, HOLDING AND TRANSFER (CHT)/SEWAGE REMOVAL (PIERSIDE AND ANCHORAGE)

(1) The Contractor is responsible for the entire cycle necessary to collect, remove, dispose, and transport the

Collection Holding Transfer (CHT) bacteriological/chemical liquids from ships throughout the area covered by this contract. The Contractor shall provide all necessary equipment, personnel and facilities to perform the services including pumps, hoses and connections compatible with the ships being serviced. The Contractor shall be responsible for the supervision of the collection, transportation and disposal services to avoid any overflow of waste on the barge and at the pier. Services shall commence upon ship’s arrival whether, at anchor or pierside.

(2) The CHT service shall be a dedicated service. The term “dedicated service” means a service provided exclusively to the United States Government. In those limited number of cases where this is not possible, the contractor shall provide a system to measure the volume of sewage deposited in the barge by the Government’s ship or otherwise ensure that the ship is charged only for its “pro rata” share of CHT.

(3) For vessels that go pierside at a location where disposal through use of a municipal Pipeline is possible; the Contractor shall only be required to provide hoses, connections, hose connection and disconnection, and monitoring of the CHT removal. The price negotiated shall be a lump sum amount for the entire duration of the ship’s port visit based on connections and handling. Since municipal disposal is generally free of charge, contractor shall not charge the government any unreasonable price for disposal per unit of measure.

(4) The Contractor shall not be guaranteed any minimum daily quantity. Any CHT charge shall be based on the uniform unit of measure for actual cubic meters of CHT removed. Note: 264.2 gallons = 1 CM (cubic meter).

(5) The Contractor shall submit, as an attachment to the invoices, a document (certified by the ship’s personnel) that indicates the quantity collected and the name of the disposal plant where the CHT will be disposed. Request the ship’s personnel to verify all removal figures at time of CHT collection. The Contractor shall follow any environmental regulations required by each country. The Contractor is also responsible to keep all disposal certificates and shall make them available to FISCN upon request. If the ship concurs with the volume, the ship will pay for the entire amount. If the ship contests the volume, the ship will pay for the amount it actually believes was pumped per cubic meters. The Contractor shall submit a request to FISCN for the difference, accompanied by disposal certificates. FISCN shall investigate and arrange for payment of any additional amounts that are determined to be due.

C. YOKOHAMA OR COMPARABLE TYPE FENDERS

(1) The Contractor shall furnish 2.5 meter x 5.5-meter Yokohama or comparable type fenders for all classes of ships in accordance with the LOGREQ. Contractor pricing shall include daily rental fee per Yokohama or comparable type fender and for all costs associated with installation, and removal of one fender, as well as round trip costs associated with transport of the fender from another port, if required.

(2) Rental is on a daily basis, per fender. The Contractor shall be responsible for securing the fenders to the pier.

D. FRESH, POTABLE WATER

(1) Potable water is defined as fresh drinking water of a quality not less than that prescribed in:

(a) Current Drinking Water Standards, as published by the United States Environmental Protection Agency, Office of Water and shall comply with specifications of the National Primary and Secondary Drinking Water Regulations (NPDWR), see Attachment 7.

(b) Code of Federal Regulations Title 21, Volume 2, Part 165.110 (21CFR165).

(2) These documents are incorporated by reference with the same force and effect as if they were given in full text. Full text may be accessed electronically at these websites: http://www.epa.gov/OGWDW and http://www.tdh.state.tx.us/bfds. The Contractor shall be responsible for identifying and providing water from a source that meets all local and U.S. Government requirements. The Government reserves the right to accept deliveries of potable waters that do not comply with above specifications, and to bring the water up to specification standards through chlorination.

(3) The Contractor shall provide for the delivery of fresh potable water to the ships as ordered. The Contractor shall be paid for the amount of water ordered by the vessel. The barges, tankers or trucks and equipment used for transfer, storage and transportation of potable water shall not be used for cargo other than potable water, and must be equipped with independent pipe systems and working, certified metering devices.

(4) Source of Water. Water deliveries are to be made from sources that meet the requirements of paragraphs (a) and (b) above. If the water source does not meet the requirements of potable water, the Contractor shall be required to provide water from an alternate approved source at no increase in the contract price.

(5) Potable water pierside shall be delivered by pipeline if available. If pipeline is not available, potable water pierside shall be delivered by truck or barge and the ship will be charged port tariff or market rates accordingly.

E. PILOTS, TUG SERVICES AND LINEHANDLERS

(1) The Contractor shall arrange pilots, tugs, and linehandlers as ordered. The Contractor shall coordinate with port authorities, as necessary, to ensure that the services are available at the times requested. It should be noted that the port authority or other authorized sources provide these services, and are, therefore, to be priced in accordance with current tariff rates. If tug services are available through any government agency i.e. Military Sealift Command (MSC), then the contractor shall utilize those contracts unless authorized by the agencies contracting officer to purchase these services through local vendors.

(2) Non Port Tariff ports: If and when there are no port tariffs for tug services, the Contractor shall price each and every service based on the class of ship, one price for Class I, II, III and IV ships and another price for Class V ships. The price is for one tug and it is for “in and out” service. The unit price for this service is to include both mob and demob for one tug. In the event a ship requires a stand-by tug, contractor shall price per hour per tug or what ever the industry standard dictates.

F. WATER FERRY / TAXI SERVICES

(1) The Contractor shall provide water taxi service when the vessel is expected to be at anchorage for twenty-four (24) hours or more. Water taxi service shall be always available, with the exception of inclement weather, during the two (2) one-hour meal breaks and during refueling. At the commencement of service, the Contractor is required to advise the ship of scheduled breaks and any changes to the taxi service schedule.

(2) The daily rate for taxi water service shall include a minimum of two (2) qualified operators (a driver and one other operator), any other helpers or crew members required by local authorities, all insurance, fuel, holiday surcharges, overtime, and other operating expenses. Operator qualifications are set forth in paragraph (15) below.

(3) The daily rate shall apply to each 24-hour period of services rendered. Service begins when the first water taxi is alongside the designated pick-up point and ends when the last passenger disembarks from the water taxi at the designated drop-off point as ordered by the ship. However, when required to arrive early for inspection as a force protection measure, service begins at time of inspection. Upon the ship’s scheduled departure, the daily rate will be pro-rated for taxi water services less than 24 hours in duration.

(4) Cancellation. The Ordering Activity will notify the Contractor at least forty-eight (48) hours in advance for cancellation of service. If the service is cancelled with less than forty-eight (48) hours notice, the Ordering Activity shall be responsible for cancellation costs as specified under the terms and conditions of this contract. A cancellation fee is not applicable in the event service is cancelled due to adverse weather conditions.

(5) The Contractor shall ensure that the water taxi is in sound mechanical condition and meets all safety standards required by local laws and regulations to preclude breakdown and injury. Maintenance, safety, and other periodical inspections shall be performed as required by the applicable laws and regulations of the port or the country in which the port is located. Apart from compliance with local laws and regulations, the Contractor shall meet all additional requirements as set forth throughout the Performance Work Statement (PWS). Water taxi shall be watertight, staunch, strong, seaworthy, in sound mechanical condition, and fitted for service required. Further, water taxi shall be in a clean condition when presented for service and shall be free of debris. The water taxi shall be sufficiently clean so as not to soil passengers, their clothing, or possessions with dirt, grease, oil, or other matter. If the water taxi does not meet the requirements of this paragraph as determined by the Ordering Officer, the U.S. Government shall have the right to reject the water taxi for performance of services.

(6) The Contractor shall ensure that all water taxis are fully licensed, registered, and insured, including adequate liability insurance, in accordance with local laws and regulations.

(7) Each water taxi shall be equipped with at least one clean and serviceable life jacket for each passenger and crewmember, and all jackets shall be stowed in a readily accessible place.

(8) Except as otherwise specified herein, the service shall include all equipment needed to transport personnel between the vessel anchored in the outer harbor, or in the inner harbor, fleet landing, or any designated pier or berth within the port. If it becomes necessary to change the landing point of the water taxi (pier or berth) within the port, the Contractor shall dock at the new landing point.

(9) All water taxis used by the Contractor shall provide overhead covering.

(10) Before the commencement of any services under this contract, the Contractor shall make the water taxi available to the Ordering Vessel’s Commanding Officer or designated representative for inspection.

(11) The following information shall be conspicuously posted in English and the language of the country in which the port is located:

(a) Current operator’s/captain’s license.

(b) Passenger/weight capacity limit notice.

(c) Location of life jackets and other life saving equipment.

(d) Location of all exits indicated in large letters.

(e) Emergency procedures.

(12) Emergency lighting, both permanent and hand held, shall be available and in working order at all times.

(13) Operation of the water taxi shall be in a safe and seaworthy manner.

(14) The consumption of alcoholic beverages shall not be permitted aboard the water taxi.

(15) Operator Qualifications: All personnel or employees of the Contractor operating water taxis, shall have all certification required and issued by the law of the country in which the port is located for the operation of the type, class, or size of water taxi being operated by such personnel. In addition, all such personnel shall have requisite experience, skill, knowledge, and familiarity with the water area in which the water taxis are to be operated to ensure the water taxis are operated in a safe and seaworthy manner. At least one operator on each boat must speak English. The Contractor is required to provide a minimum of two (2) qualified operators for each water taxi at all times.

(16) Security: During the term of this contract, the ship(s) to be serviced will provide adequate and sufficient security personnel for maintaining the orderly transportation of its personnel and such civilians who may be transported. Such naval personnel will be assigned at the discretion of the ship’s Commanding Officer or designated representative. When such naval personnel is embarked in a Contractor- operated water taxi, he will be responsible for the good order and discipline of naval personnel.

(17) In the event of a water taxi breakdown, immediately prior to, or during a trip, the Contractor shall immediately provide a replacement water taxi that complies in all respects with this contract, at no additional cost to the Government.

(18) Any personal articles or items found on the water taxi after completion of each trip shall be turned over to the ship’s Security Officer or his direct representative.

(19) To verify a claim by the Contractor for any damage or destruction caused by the Government, it shall be the responsibility of the Contractor to ensure that the water taxi is jointly inspected before and after each trip by the Contractor and an authorized representative of the Government.

(20) When providing water taxi service to aircraft carriers and amphibious helicopter carriers, the water taxi height depends on carrier deck overhang and pontoon width, i.e., the wider the pontoon the farther out the water taxi will be located with subsequent increased clearance. The requirement is that pontoon width/water taxi height/deck overhang dimensions must be such that the water taxi is able to make aft, port and starboard side approaches with adequate clearance between water taxi superstructure and carrier deck overhang.

(21) Inspection and acceptance criteria for water taxi services. The Commanding Officer or his designated representative of the ARMY/USS/USNS/USCG ship shall inspect and accept all liberty boats/water taxis prior to transporting any US Navy personnel. Each order for liberty boat/water taxi services is made on the basis that the request is to be considered a final order/obligation of the US Navy only after each water taxi has been inspected and accepted by the ship’s representative. The ship’s Commanding Officer is solely responsible for the safety of his crew and the subsequent acceptance of a liberty boat/water taxi services. Upon ships Commanding Officer’s security personnel can inspect the water taxi’s personnel. The following guidelines will be used by Commanding Officers in their inspection of water taxis prior to acceptance.

(a) HULL

(i) Watertight integrity of weather decks, bulkheads, watertight closures and interior hull structure.

(ii) Superstructure (including masts and stacks).

(iii) Railings, bulwarks and their attachment to hull, especially guardrails and lifelines.

(iv) Provisions for drainage of seawater from exposed decks.

(b) MACHINERY

(i) Main propulsion and auxiliary machinery essential to operation of craft.

(ii) Sea and bulkhead closure valves.

(iii) Bilge suction strainers and dewatering systems ‑ bilge pumps to be tested by operation.

(iv) Bilges free of flammable liquids.

(c) ELECTRICAL

(i) Cables.

(ii) Navigation, deck and emergency lighting.

(iii) Rotating electrical machinery, e.g., generators and motors.

(iv) Storage batteries.

(d) LIFESAVING EQUIPMENT

(i) Life preservers ‑ sufficient number for maximum capacity of craft, accessible and in satisfactory condition.

(ii) Life raft(s) and hydrostatic release (where applicable) ‑ sufficient for maximum capacity.

(iii) First aid kits, life rings and distress lights.

(iv) Distress signaling devices.

(e) FIRE FIGHTING EQUIPMENT

(i) Fire pump ‑ subject fire hose to fire pump pressure.

(ii) Portable fire extinguishers.

(iii) Fixed systems, e.g., CO2 cylinders

(f) STEERING APPARATUS

(i) reserved

(g) MTSC SYSTEMS AND EQUIPMENT

(i) Harbor charts.

(ii) Ground tackle and mooring lines.

(iii) Whistle/fog horn, bell.

(iv) Compass.

(v) Radar.

(vi) 2‑way radio capable of bridge‑to‑bridge communications.

(vii) Current licenses.

(22). In the event the Government rejects a water taxi for any reason, the Government shall not be liable for any costs the Contractor incurs in presenting said water taxi for inspection.

G. TRANSPORTATION SERVICE (BUS SERVICE AND VEHICLE RENTAL SERVICE)

1. BUS SERVICE

(a) The Contractor shall provide bus services on an hourly rate basis. The hourly rate shall include one driver or operator, any additional helpers or crew required by local authorities, all insurance, fuel, holiday surcharges, overtime, and all other operating expenses. Any additional driver, if required, shall be priced separately. Any tolls for long distance trips (over 50 kilometer radius) will be reimbursed at cost.

(b) The Contractor shall ensure that the bus is in sound mechanical condition and meets all safety standards required by local laws and regulations. Further, the bus shall be in a clean condition when presented for service and shall be free of debris. The bus shall be sufficiently clean so as not to soil passengers, their clothing or possessions with dirt, grease, oil, or other matter.

(c) In the event of a bus breakdown, the Contractor shall provide within two hours, at no additional expense to the Government, a replacement bus complying in all respects with this contract.

(d) Any personal articles or items found on the bus after completion of each trip shall be turned over to the ship’s Ordering Officer.

(e) The Contractor shall be responsible for ensuring that the Contractor and an authorized representative of the U.S. Government jointly inspect before and after a trip each bus. The Government will not consider any claim for damage to a bus, which has not been inspected.

(f) The minimum bus capacity shall be 50 passengers.

(g) A minimum daily price of four (4) continuous hours shall apply for each bus ordered less any time associated with bus breakdown or getting lost.

(h) Drivers must be familiar with the area, have an appropriate driver license, and speak English. In the event the driver is unable to speak English, the contractor shall furnish an English speaking rider on the bus.

2. VEHICLE RENTAL SERVICE

(a) Vehicle Specifications, Maintenance, and Malfunctions

(i) The Contractor shall furnish “new” vehicles (i.e., not more than two years old), in good order and condition and otherwise in full compliance with best commercial practices and local laws and regulations. In the event a “new” vehicle is not available in certain countries, the contractor shall contact the Contracting Officer or Ordering Officer to request a waiver from the requirement and provide background information as to why a waiver would be appropriate. The Contracting Officer or Ordering Officer shall consider, and grant or refuse, the request. Vehicles shall be priced on a daily rate, weekly rate, or monthly rate, which ever is cheaper, except as noted below. They shall be equipped with front and back seat belts, an emergency triangle, spare tire, jack and complete set of tools for changing a flat tire, as well as any other equipment required by local authorities. Upon initial rental, the gasoline tank shall be full. The prices for vehicles rented are based upon an assumption that the vehicles will be returned with an empty tank of gas. Therefore ships will be charged for a full tank of gasoline at the time of rental. There shall be no surcharge applied to the commercial price of the fuel. Vehicles can be returned with any amount of gasoline. Ships shall not be responsible for returning the vehicle with a full tank of fuel, and the Contractor shall not be obligated to credit the ship for the remaining fuel.

(ii) The Contractor shall provide vehicles that have been properly maintained and serviced, including all motor oils, lubricants, antifreeze, coolants and other fluids such as windshield washer fluid, and be responsible for all emergency repairs and services.

(iii) Should any vehicle break down…