N0018923R0006.pdf

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(Hour)

PAGE(S)

until 11:00 AM local time 12 Jan 2023

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71 - 75 H 76 - 80 lorna.mohney@navy.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 80

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N00189 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

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:

A. NAME (NO COLLECT CALLS)

LORNA D. MOHNEY 757-443-1135

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

5 - 14 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 17 - 19 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

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:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

20 - 69

PART II - CONTRACT CLAUSES

NAVSUP FLC NORFOLK CONTRACTING

NORFOLK OFFICE

ATTN: L MOHNEY

1968 GILBERT STREET STE 600

NORFOLK VA 23511

757-443-1135

757-443-1333FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.

N00189TUGBOATS

5. DATE ISSUED

08 Dec 2022

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0018923R0006

Section B - Supplies or Services and Prices

CONTRACT MAXIMUMS

MINIMUM AND MAXIMUM QUANTITIES (FFP, SINGLE AWARD IDR) (SEP 2015)

Guam:

As referred to in paragraph (b) of the “Requirements” clause of this contract, the total contract maximum quantity is a total of $7,425,000.00.

Alaska (Behm Canal):

As referred to in paragraph (b) of the “Requirements” clause of this contract, the total contract maximum quantity is a total of $4,125,000.00.

California (Seal Beach & Long Beach):

As referred to in paragraph (b) of the “Requirements” clause of this contract, the total contract maximum quantity is a total of $4,125,000.00.

California (Port Hueneme):

As referred to in paragraph (b) of the “Requirements” clause of this contract, the total contract maximum quantity is a total of $8,250,000.00.

Florida (Port Canaveral):

As referred to in paragraph (b) of the “Requirements” clause of this contract, the total contract maximum quantity is a total of $4,125,000.00.

Puget Sound (Bremerton, Everett, Manchester, & Port Hadlock, WA):

As referred to in paragraph (b) of the “Requirements” clause of this contract, the total contract maximum quantity is a total of $4,125,000.00.

California (San Diego):

As referred to in paragraph (b) of the “Requirements” clause of this contract, the total contract maximum quantity is a total of $4,125,000.00.

New Jersey (Earle):

As referred to in paragraph (b) of the “Requirements” clause of this contract, the total contract maximum quantity is a total of $6,600,000.00.

SMALL BUSINESS SET-ASIDE

NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE

This requirement is solicited as a partial small business set-aside for the region of Guam. All other regions are solicited and will be awarded under full and open competition.

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 1 Lot Call Out Tugs

FFP

In accordance with the Performance Work Statement. Total price in accordance with Tug Pricing Proposal Spreadsheet attachment.

FOB: Destination

PURCHASE REQUEST NUMBER: N00189TUGBOATS

PSC CD: V125

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 1 Lot Monthly Usage Report

FFP

NOT SEPARATELY PRICED

In accordance with Section 16.4 of the Performance Work Statement.

FOB: Destination

UNIT UNIT PRICE ESTIMATED AMOUNT

1001 1 Lot OPTION Call Out Tugs

FFP

In accordance with the Performance Work Statement. Total price in accordance with Tug Pricing Proposal Spreadsheet attachment.

UNIT UNIT PRICE ESTIMATED AMOUNT

1002 1 Lot OPTION Monthly Usage Report

FFP

NOT SEPARATELY PRICED

In accordance with Section 16.4 of the Performance Work Statement.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

1. DESCRIPTION OF CONTRACTUAL SCOPE

1.1 This Contract requires U.S. flag tugs otherwise known as Call Out Tugs described to provide harbor support service and ship handling in locations identified in section 2 and surrounding waters. This requirement covers all call out non-emergency and non-charter tug requests that cannot be satisfied with Government-owned, Government-controlled or time charted vessels. The actual work may vary considerably from the schedule of estimates contained herein.

1.2 This contract is for all requirements that cannot be satisfied with Government-owned, government-controlled or time chartered vessels. The actual work may vary considerably from the schedule of estimates contained herein.

1.3 Tugs shall be available to simultaneously standby to support vessels in locations identified in section 2. The tug(s) may be required for at least one day or up to four weeks of standby at the dock. The tug(s) shall be required to offer assistance in case of an emergency to include any service required elsewhere in this contract. The normal work day is 8-10 hours Monday through Friday (M-F). Standby time will be at a daily rate as described in the Standby Tug Rates, for any day when operations require the tug to standby or provide services. The tug(s) will be permitted to berth overnight or on weekends at identified locations during the period of performance.

1.4 Within the geographical in locations identified in section 2, tug(s) may be ordered to any berth, dock, anchorage, wharf, place, open roadstead, or alongside any vessel, barge, lighter, craft, hull, derrick, or object of whatsoever nature that the Government may direct, provided the Tug can lie always safely afloat except in harbors or waters where groundings are custom of the port.

2. LOCATIONS AND DELIVERY

Delivery/Redelivery Port Earliest Delivery Date Cancelling Date

Apra Harbor, Guam Determined at the task order level 48 hours

Behm Canal, Alaska Determined at the task order level 48 hours

Seal Beach, CA Long Beach, CA

Determined at the task order level 48 hours

Port Hueneme, CA Determined at the task order level 48 hours

Port Canaveral, FL Determined at the task order level 48 hours

Bremerton, WA Everett, WA Manchester, WA Port Hadlock, WA

Determined at the task order level 48 hours

San Diego, CA Determined at the task order level 48 hours

Earle, NJ Harbor Determined at the task order level 48 hours

All other locations within United States and outlying territories

Determined at the task order level 48 hours

2.1 All locations include surrounding water within 20 nautical miles unless the location of the tug/ship meeting changes and/or the usual pier has no vacancies.

3. TYPE OF TUGS & NOTIFICATION TIME NUMBERS

3.1 The contractor shall provide services 24 hours, 7 days per week, Sunday through Saturday, including Federal holidays.

3.2 When tug service is requested, service shall be provided within the time specified in the “Required

Response” boxes in the table below. All locations require two (2) hours for both Type A and B tugs, unless otherwise stated below. All locations require Standby Tugs.

TUG TYPE UNIT OF ISSUE REQUIRED RESPONSE

Type A Tugs Hour 15 Minutes – Guam

Type B Tugs Hour 15 Minutes – Guam

Type A Tugs Hour Two (2) Hours, or as provided below:

• Bremerton, WA, 4.5 hours

• Everett, WA, 6.5 hours

• Manchester, WA, 5 hours

• Port Hadlock, WA, 8 hours

Type B Tugs Hour Two (2) Hours, or as provided below:

• Bremerton, WA, 4.5 hours

• Everett, WA, 6.5 hours

• Manchester, WA, 5 hours

• Port Hadlock, WA, 8 hours

Type A Standby Tugs Day Twenty-Four (24) Hours

Type B Standby Tugs Day Twenty-Four (24) Hours

4. PERIODS OF PERFORMANCE

The anticipated period of performance is for a five-year ordering period to begin 01 April 2023 through 31 March

2028, and an additional six-months, Option to Extend Services, to continue services through 30 September 2028.

5. AUTHORIZED CONTRACTOR’S VESSELS

NAME LOCATION

TBD TBD

6. ORDERING

6.1 The Procuring Contracting Office will determine the ordering procedures at the time of award.

7. RATES FOR SERVICES

7.1 Service Rate: The Tug Service Rate shall be earned for the first two hours of service, such service to be calculated from the date and time the vessel reports in all aspects ready to perform at the location, time, and date specified in the Government order, but no earlier than the date and time specified in the order, unless agreed upon by the Contracting Officer and/or Contracting Officer’s Representative. This rate includes all of the following items: overtime (including but not limited to crew overtime/penalty time); penalty time; fuel costs;

bonuses; payments; emoluments payable to the Master, Officers and crew for services under this contract; the cost, if any, of transit to and from the location; and any other costs incurred in responding to the Government's order. Consecutive work shall not incur more than one Service Rate charge unless the vessel is released from government control in between work.

7.2 Hourly Rate: Each job shall earn the Hourly Rate, after completion of the first two hours of service.

The Hourly Rate will be pro-rated to the nearest quarter hour and continue to be earned until the Government dismisses the vessel. This rate includes all of the following items: overtime (including but not limited to crew overtime/penalty time); penalty time; fuel costs; bonuses; payments; emoluments payable to the Master, Officers and crew for services under this contract; the cost, if any, of transit to and from the location; and any other costs incurred in responding to the Government's order.

7.3 Standby Tug Rate: This rate is a daily rate to be applied pro-rated to the nearest hour to the period beginning at the time the Government dismisses the tug(s) from the call-out docking/undocking at the Service Rate or the Hourly Rate, whichever applies, until the tug(s) is dismissed from standby service.

This rate includes all of the following items: overtime (including but not limited to crew overtime/penalty time); penalty time; fuel costs; bonuses; payments; emoluments payable to the Master, Officers and crew for services under this contract; the cost, if any, of transit to and from the location; and any other costs incurred in responding to the Government's order.

7.3.1 If any tug is to be called out only for standby service, the Service Rate will be earned for the first two hours of standby time and the Standby Tug Rate will begin after the first two hours.

7.3.2 If any tug on standby is utilized at the Hourly Rate and returns to standby status, the Standby Tug Rate shall begin again after dismissal from assisting vessels at the Hourly Rate. For purposes of calculating the Standby Tug Rate, the 24 hour clock will begin again after return from the Hourly Rate, the previous standby time having been pro-rated to the nearest hour.

7.3.3 Fuel will be included in all orders issued against this contract.

7.4 Cancelled Orders: Orders cancelled within the required notification period shown in the Performance

Work Statement will incur no charge. Orders cancelled after the required notification period will incur a charge equal to two hours at the hourly rate.

8. SCHEDULE OF ESTIMATES

8.1 The following estimates are not a guarantee of work. This information is provided for estimation purposes only. Any difference in the actual numbers or workload experienced shall not form the basis for any claim or equitable adjustment. Normally two tugs are required for each call out but may not always be the case.

Place Estimated # of Call-outs per year Estimated # of Tugs Per Call-out

Apra Harbor, Guam 400 1-4

Behm Canal, Alaska 5 1-3

Seal Beach, CA Long Beach, CA

45 1-4

Port Hueneme, CA 19 1-3

Port Canaveral, FL 50 1-2

Bremerton, WA Everett, WA Manchester, WA Port Hadlock, WA

6 1-4

San Diego, CA 15 1-4

Earle, NJ Harbor 16 2-4

9. TUG CHARACTERISTIC SHEET:

The below table represents the characteristics and minimum qualifications associated per tug.

CHARACTERISTIC MINIMUM CHARACTERISTIC MINIMUM

FLAG USA

BOLLARD PULL

(ahead) Type A: 65,000 lbs.

Type B: 100,000 lbs.

PROPULSION TYPE Twin Screw or better

SURFACE

FENDERING

Non-marking fendering, clean and sufficient to prevent metal-to-hull contact with surface vessels under normal conditions of vessel pitch and roll.

SURFACE

CONFIGURATION

Configured to prevent metal-to-hull contact with surface vessels objects under normal conditions of vessel pitch & roll. (E.g.

Tug(s) must be capable of working in & around the bow and stern of AOE & LHA class vessels.)

CAPSTANS/WINCHES

Sufficient for services performed under this contract with minimum safe working loads.

LINES

Lines, wires, and associated equipment sufficient to safely & efficiently perform the services under this contract.

COMMUNICATION

EQUIPMENT

Minimum required by the U.S.C.G. and FCC for inland & international waters. Equipment must be fixed (vice hand-held/portable)

NAVIGATION

EQUIPMENT

Minimum required by the U.S.C.G for inland & international waters.

Additionally, a radar, fathometer, GPS, & loudhailer.

FIREFIGHTING

EQUIPMENT

One tug Type A shall have monitors to provide 360 degree coverage at 2010 GPM at 125

PSI. The system shall be capable of AFFF injection

SUBSURFACE

FENDERING

Non-marking fendering, clean, sufficient and configured to prevent metal-to-hull or metal-to-metal contact with sub-surface vessels.

Fendering should be firmly secured to vessel along entire length. Fendering includes propeller guards, if applicable

CLASSIFICATION

Recognized IACS classification society

TRANSIT SPEED

11 knots minimum at 80% rated horsepower in moderate weather.

BOLLARD PULL

Tractor (Min. 100,000 lbs.

bollard pull ahead.)

Twin Screw (Min. 50,000 lbs. bollard pull ahead.)

MAXIMUM AIR

DRAFT

Tugs shall meet height restrictions of 24 ft. from the waterline to the top of the pilothouse. This does not include the height of the mast, which should not interfere for a carrier makeup.

MAXIMUM LENGTH

OVERALL

110 feet

ENDURANCE

7 days endurance with a minimum operational range of 500 nm.

TOW ROPE

Synthetic / 80 Ton Strength;

Sufficient quantity to meet PWS requirements.

TOWING CAPACITY

2,200 HP SHAFT

HORSEPOWER

MIN: 2,100

10. GENERAL REQUIREMENTS

10.1 Typical Services are listed as follows for illustrative purposes only and describe some of the services that may be performed as requested on the basis of a 24 hour per day, 365 day per year readiness, including but not limited to:

10.2 Towing, twisting, mooring, berthing, docking, streaming, shifting, assisting, pulling, and escorting those vessel types identified, the following is a list of vessel classes shall be supported during the term of this contract and any associated task orders. The list is for demonstration purposes only and is not a guarantee of vessel types to be supported and is not all-inclusive:

AE AO ARD ATF CV FF LHD LSD SSN

AFDM AOE ARS AVM CVN FFG LKA LST SSBN

AGDS AOR AS CG DD LCS LPD MCM SSGN

AKE AR ASR CGN DDG LHA LPH MSO

Or foreign military vessels equivalent to any of the above

Other miscellaneous vessels, barges, submarines, crafts, hulls, sleds, derricks, lighters, and objects of whatsoever nature including anything carried thereon maybe subject for task order proposal. Government reserves the right to use Government-owned or controlled Tugs or vessels separately or jointly with Contractor's Tugs in the performance of any services listed in this Contract;

10.2.1 Provide stand-by tug service on a day to day basis to meet port requirements that facilitate the movement of any ammunition laden barge, lighter or craft at all times;

10.2.2 Transfers of pilots and Government Personnel by vessel;

10.2.3 Tug emergency support services, including responses to weather conditions threatening vessels, piers, dry docks, or shore facilities; shipboard fires; collaborative fire support; vessels aground; vessel equipment failures; downed aircraft; oil spills; missions of mercy; collisions; ammunition mishaps; and search-and rescue operations and shipboard casualty or National Defense Emergency;

10.2.4 Line handling; the handling of Vessel mooring lines in the connection with the docking (tie-up) or undocking (let go) of a Vessel; and

10.2.5 Providing personnel (other than a riding crew) to go aboard a tow.

10.3 Contractor's representative shall provide adequate staff and communications to respond promptly to

Government's requests for services under this Contract on a 24-hour-day basis.

11. SHIP PHYSICAL SECURITY

11.1 The contractor will comply with and implement the Navy Force Protection and Security requirements for the port in which it is docked or berthed. All costs shall be included in the basic hire, except for Contracting Officer directed material purchases over $100 in total value, which shall be subject to the Pass Through.

12. OFF-HIRE.

12.1 Payment of hire may cease for all time lost in the event of the loss of time resulting from deficiency and/or default of men including but not limited to the following: misconduct, illness, injury, strikes, labor disruptions, lockouts; deficiency of stores; fire; breakdown of or damage to hull, machinery, or equipment;

collision; stranding; grounding; detention by authorities; average accidents to Vessel or cargo unless resulting from inherent vice, quality, or defect of the cargo; repairs; inspections; all dry-dockings including those for the purpose of examination/inspection or painting bottom; or deviation for the purpose of landing any ill or injured person on board other than any passenger, supercargo, or military personnel who may be carried at Charterer's request; or by any other cause whatsoever preventing the full working of the Vessel.

Payment will not begin again until the Vessel is ready and in a fully efficient state to resume her service at a position not less favorable to the Charterer than that at which such loss of time commenced. Should the Vessel deviate or put back during a voyage contrary to the orders or directions of the Charterer for any reason, the hire is to be suspended from the time of her deviation or putting back until she is again, at a position not less favorable to the Charterer than that at which such loss of time commenced, ready and in a fully efficient state to resume her service. When the period of time lost to the Charterer on any one occasion is less than two (2) consecutive hours, the hire shall not be reduced for such period, provided no missions were missed during that period of time. Off-hire is on a per vessel basis. Offeror may be allowed to substitute a tug in accordance with Section 13, Substitution of Tugs, below.

13. SUBSTITUTION OF TUGS

13.1 Substitution of tugs is authorized, upon proper notice, to the Government and approval of the Contracting

Officer. Notice shall be submitted in writing and shall be submitted sufficiently in advance to permit the Contracting Officer to make a reasoned determination substitute tug suitability. If circumstances require oral notification, said notice shall provide all of the above required information and shall include a statement of circumstances that preclude a written notice prior to substitution.

13.2 Any tug offered as a substitute shall have substantially the same characteristics, i.e., shall be similarly fitted and otherwise equal or superior in performance, as the tug for which substituted and shall be fully ready to perform in accordance with this Contract upon arrival at the Tow or other work site designated by Charterer.

Any tug substituted under this Clause shall result in no cost increase for Charterer and substitution shall result in no operation delay for Charterer except as provided above. It shall not otherwise excuse any other performance required under this Contract.

13.3 Contracting Officer’s notice of acceptance or rejection of the substitute tug shall be made within reasonable time following Contractor’s nomination thereof, provided that the Contracting Officer is furnished sufficient information on which to base such a determination. Silence of the Contracting Officer shall not be construed as acceptance of any nominated tug.

13.4 Notwithstanding Charterer's prior acceptance of any substitute tug under this paragraph, Charterer may at any time reject any previously accepted substitute tug if it is determined that the characteristics of that substitute tug were misrepresented by the Contractor or are otherwise unsuited to the requirements of this contract.

14. TUG COMPLEMENT AND CREW

14.1 The Master(s), Officers and entire crew shall speak English fluently and possess valid and current certificates, licenses, and documents. The Master, Officers and crew of the Tug(s) shall be appointed or hired by the Contractor and shall be deemed to be the servants and agents of the Contractor at all times except as otherwise expressly specified in this contract. The Master(s) of the Tug(s) shall be under the direction of the Government in regards to the employment of the Tug(s) under a given order, but shall not be under Government's orders is regards to navigation, care, and custody of the Tug(s).

14.2 Physical security equipment required to meet port security plans shall be Contractor-furnished.

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

14.4 All contractor employees shall have in their possession photo identification at all times when working under this contract.

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

14.6 Each master of tugs shall possess a current U.S. Coast Guard 100 Ton Master License.

15. SECURITY CLEARANCES

15.1 The Contractor shall obtain and maintain Transportation Worker Identification Credential (TWIC) for the

Tug(s) Master(s), Officers(s) and Crew(s) throughout their service under this contract.

16. PLANS AND REPORTS

16.1 STRIKE CONTINGENCY PLAN

16.1.1 The Contractor shall provide and maintain a strike contingency plan that describes how services will be provided if there is a labor strike or any other deficiency of Master or crewmembers. The plan must be practicable and must clearly state the means and method for vessel manning during a strike or labor action and for providing services in the face of disruptive measures typical of a strike situation. The contractor’s strike contingency plan shall be determined acceptable by the COR and/or Contracting Officer prior to award. Award of the contract shall indicate approval of the plan.

16.2 VESSEL CASUALTY PLAN

16.2.1 The Contractor shall provide and maintain a vessel casualty plan that describes how services will be continued if there is a casualty to the Tug or to a system that makes the Tug inoperable or incapable of safely providing a required service. The plan must be practicable and must clearly state the means and method for timely acquisition and deployment of a substitute tug in the event of a vessel casualty. The contractor’s vessel casualty plan shall be determined acceptable by the COR and/or Contracting Officer prior to award. Award of the contract shall indicate approval of the plan.

16.3 The Contractor shall update the Strike Contingency and Vessel Causality plan as necessary, but no less frequently than yearly, and not later than the dates provided below. Annual approval by the COR and/or Contracting Officer shall be obtained for each updated plan.

01 March 2024 01 March 2025 01 March 2026 01 March 2027 01 March 2028

16.4 MONTHLY USAGE REPORTS

16.4.1 The contractor shall be required to complete a Monthly Usage Report (Attachment 1) for each order. After award, the proposed unit price for each tug type will be inputted into the Monthly Usage Report. Monthly Usage Reports must be provided to the contract specialist, no later than 30 days after the end of each month.

17. INCIDENT REPORTS

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

18. COMPLIANCE

18.1 All vessels shall be compliant with all applicable Federal and State Laws and regulations and in particular, with all applicable U.S. Coast Guard (USCG) regulations for tug vessels and their operation. The contractor shall provide USCG Certificates of Documentation and Inspection on Demand.

18.2 As applicable, the Contractor warrants that the Tug(s) and all Associated Equipment 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 Tug(s) will be ordered hereunder. The Tug(s) shall additionally operate in compliance with the International Maritime Dangerous Goods Code.

18.3 The Owner further warrants that the Vessel shall have onboard 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 and promulgated pursuant to the U.S. Federal Water Pollution Control Act, as amended, and/or the Oil Pollution Act of 1990.

18.4 Complement. The Owner warrants that the Vessel shall have an efficient and legally sufficient complement of Masters, Officers, and crew with adequate training and experience to safely and effectively operate the Tug(s) and all Associated Equipment in accordance with the vessel’s USCG Certificate of Inspection under 46 CFR Subchapter M.

18.5

19. INSURANCE

19.1 VESSEL OWNER’S INSURANCE

19.1.1 General. During the full period of this contract, the Owner (i.e. contractor) shall maintain a commercially reasonable amount of marine insurance coverage on the Vessel, including Broad Form Tower’s Liability Insurance (including damage to the Tow) on each vessel performing under this Contract, Hull and Machinery, Protection and Indemnity (P&I) (including Tower’s Protection and Indemnity Liability Insurance on each vessel performing under this Contract), Pollution Liability, War Risk Hull and Machinery, War Risk P&I, Second Seamen's War Risk and Government Personnel Training Insurance (shall cover hands-on operation of the Vessel equipment by Government personnel while training to operate the Vessel under the Emergency Situations and Training clause). Except as otherwise provided in this contract, the expense for such insurance coverages shall be at Owner's expense and shall be deemed to be included in the hire payable under this contract. Except as provided herein, the Owner shall be responsible for the cost of such insurance, including deductibles, premia, and additional premia, calls, commissions, advancements, assessments, and overspill claims where applicable. Within 10 calendar days following award of the contract, the Owner shall provide proof all insurance to the Contracting Officer in writing that the required insurance has been obtained.

19.1.2 Limitation of Liability. Except as otherwise specifically provided herein, the Charterer shall not be liable for any loss, damage, expense, cost, or liability whatsoever and howsoever incurred by the Owner or Vessel, or which are imposed upon the Owner or Vessel by operation of law. Any Amount due the Owner under paragraph (19.1.1) shall be subject to set off by the Charterer to the extent of any amount recovered under insurance carried by the Owner, or to the extent of any amount recoverable under insurance required by paragraph (19.1.1).

19.1.3 Cancellation or Material Change in Coverage. All policies shall contain an endorsement stating that “in the event of cancellation or any material change in policies adversely affecting the interest of the Government in such insurance, the cancellation or change shall not be effective until 30 days after written notice thereto the Contracting Officer.” Wording such as “will endeavor to mail notice” or “failure to mail such notices shall impose no obligation or liability” is not acceptable.

19.1.4 Charterer Named Assured. The United States of America shall be named as an additional assured with waiver of subrogation under the all of contractor’s required insurance as stated above.

19.2 WAR

19.2.1 Voyage Instructions. If the Vessel is ordered under this contract to any port, place, or zone involved in a state of war, warlike operations or hostilities, civil strife, or piracy (whether there be a declaration of war or not) where it might be reasonably expected to be subject to capture, seizure, arrest, or hostile act by a belligerent power (whether de facto or de jure), pirate, or terrorist, it shall be unreasonable for the Contractor not to prosecute said voyage if insurance against said risks is then available commercially or under a Government program, or if the Government offers the Contractor indemnification against said risks pursuant to Public Law 85-804.

19.2.2 The Vessel Owner shall immediately notify the Charterer: (i) whenever any sailing orders will result in a vessel subject to this contract being sent beyond the limits of the War Risk Trading Warranties of insurance policies required under this contract (to include entry into a war risk exclusion zone or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places, or any other waters described in the Lloyd’s Joint War Committee’s current List of Areas of Perceived Enhanced Risk); (ii) if there are any changes to the War Risk Trading Warranties of insurance policies required under this contract (including changes to the exclusion zones or the List of Areas of Perceived Enhanced Risk) or changes to War Risk premiums, charges, or deductibles; or (iii) whenever additional premium charges or costs will be incurred as a direct result of compliance with any sailing orders issued by the Charterer under this contract.

The Owner shall ensure that the insurers provide it relevant information in a timely manner. If the Owner has given this required notice to the Charterer, the Charterer will reimburse the Owner for the increase in costs (if any) of insurance premiums, charges, or deductibles which arise from the vessel sailing beyond the applicable War Risk Trading Warranties (including changes to the war risk exclusion zones) when entry into any exclusion zone or Area of Perceived Enhanced Risk under such insurance has been approved in advance by the Charterer. The issuance of sailing orders, by itself, does not constitute approval in advance by the Charterer. The Charterer may give the Owner notice and instructions concerning suspension of commercial War Risk insurance coverage and substitution of Government indemnity or Government War Risk insurance as detailed in the section entitled “Government War Risk Insurance/Indemnity” below.

20. GOVERNMENT WAR RISK INSURANCE / INDEMNITY

20.1 General Upon receipt of notice and instruction from the Contracting Officer, as specified section entitled

“War” above, with respect to any area excluded by the War Risk Trading Warranties or included by the Lloyd’s Joint War Committee on the Hull War, Strikes, Terrorism and Related Perils Listed Areas (also known as Listed Areas of Perceived Enhanced Risk) under the Owner’s commercial War Risk coverage, the Owner shall, as soon as practicable, contact its insurance brokers or underwriters and arrange for the suspension of its commercial War Risk insurance upon entry of the vessel into, or extension of stay of the vessel in such area(s), or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places, or any other waters described in the Lloyd’s Joint War Committee’s current Listed Areas of Perceived Enhanced Risk, as the case may be, subject to resumption of its commercial War Risk insurance upon exiting such area(s). In such instances, the Owner shall accept the Government’s indemnity or War Risk insurance, whichever is applicable, in lieu of such commercial War Risk insurance. The Owner shall ensure that the suspension of its commercial War Risk coverage is coincident with the time that any Government indemnity or War Risk insurance becomes effective, and shall likewise ensure that its commercial War Risk insurance is resumed at the time when any Government indemnity or War Risk insurance becomes ineffective. The Owner shall retain the same risks, such as deductibles (if any), that it has under its commercial insurance.

20.2 Government War Risk Insurance. Under the authority of 46 U.S.C. § 53905, the United States Maritime

Administration (MARAD), at the request of Naval Supply Systems Command, may furnish the following war risk insurance coverage, which will be effective during the vessel’s transit under this Contract in areas which are in war risk exclusion zones, or waters described in the current Lloyd’s Joint War Committee Listed Areas of Perceived Enhanced Risk, or otherwise excluded under the Owner’s commercial marine War Risk trading warranties, and which are designated by notice from the Contracting Officer to the Owner:

20.3 War Risk Protection and Indemnity insurance covering all liabilities up to an amount of no less than

$250,000,000;

20.4 War Risk Second Seaman’s coverage, the principal sum of which shall be no less than $200,000 per Crew

Member for loss of life.

20.5 Government Indemnity. Under the authority of Public Law 85-804 (72 Stat. 972, August 28, 1958) and

Executive Order 10789, as amended by Executive Order 11610, the Secretary of Defense or the Secretary of the Navy may authorize the Contracting Officer to indemnify the Owner against loss from risks that would be covered by MARAD war risk coverage as set forth in paragraph entitled “Government War Risk Insurance” directly above.

21. NO COST CANCELLATION OF CONTRACT.

21.1 The Government shall have the right to cancel the contract at no cost upon 30-days written notice by the

Contracting Officer.

22. GENERAL DEFINITIONS

22.1 “Assisting" - Movement of a tow, which is making use of, or which has available for use, her own propulsion.

22.2 "Associated Equipment" - Construed to include all Contractor-furnished or owned equipment necessary for performance under this Contract

22.3 "Crew" – Members of the Vessel(s) identified in rate schedule.

22.4 "Dry-docking" - For purposes of this Contract dry-docking shall mean any removal of the Vessel from the water for any purpose.

22.5 "Line-handling” - Movement or transportation of the tow's lines ashore by Vessel's crew

22.6 "Master" – Master of the Vessel identified in the rate schedule

22.7 "Overtime" – As shown in statement of work.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2023 TO

31-MAR-2028

N/A N/A

0002 POP 01-APR-2023 TO

31-MAR-2028

1001 POP 01-APR-2028 TO

30-SEP-2028

1002 POP 01-APR-2028 TO

30-SEP-2028

Section G - Contract Administration Data

CONTRACT ADMINISTRATION

CONTRACT ADMINISTRATION APPOINTMENTS AND DUTIES (SEP 2015)

In order to expedite administration of this contract/order, the following delineation of duties is provided including the names, addresses and phone numbers for each individual or office as specified. The individual/position designated as having responsibility should be contacted for any questions, clarifications or information regarding the functions assigned.

1. PROCURING CONTRACTING OFFICER (PCO) is responsible for:

a. All pre-award information, questions, or data;

b. Freedom of Information inquiries;

c. Change/question/information regarding the scope, terms or conditions of the basic contract document; and/or

d. Arranging the post award conference (See FAR 42.503).

Samantha Miller NAVSUP Fleet Logistics Center Norfolk 1968 Gilbert Street Suite 600 Norfolk, VA 23511 757-443-1959

2. CONTRACT ADMINISTRATION OFFICE (CAO) is responsible for matters specified in FAR 42.302 and DFARS 242.302 except in those areas otherwise designated herein.

TBD

3. DEFENSE CONTRACT AUDIT AGENCY (DCAA) is responsible for audit verification/provisional approval of invoices and final audit of the contract prior to final payment to the contractor.

DCAA: Not applicable

4. PAYING OFFICE is responsible for payment of proper invoices after acceptance is documented.

Paying office: to be specified in task orders

5. CONTRACTING OFFICER’S REPRESENTATIVE (COR) is responsible for:

a. Liaison with personnel at the Government installation and the contractor personnel on site;

b. Technical advice/recommendations/clarification on the statement of work;

c. The statement of work for task orders placed under this contract;

d. An independent government estimate of the effort described in the definitized statement of work;

e. Quality assurance of services performed and acceptance of the services or deliverables;

f. Government furnished property;

g. Security requirements on Government installation;

h. Providing the contracting or ordering officer with appropriate funds for issuance of orders; and/or

i. Certification of invoice for payment.

NOTE: When, in the opinion of the contractor, the COR requests effort outside the existing scope of the contract or task order, the contractor shall promptly notify the contracting or ordering officer in writing. No action shall be taken by the contractor under such direction until the contracting officer has issued a modification to the contract or, in the case of a task order, until the ordering officer has issued a modification of the task order; or until the issue has otherwise been resolved. THE COR IS NOT AN ADMINISTRATIVE CONTRACTING OFFICER AND DOES

NOT HAVE THE AUTHORITY TO DIRECT THE ACCOMPLISHMENT OF EFFORT WHICH IS BEYOND

THE SCOPE OF THE STATEMENT OF WORK IN THE CONTRACT OR DELIVERY/TASK ORDER.

COR: TBD

In the event that the COR named above is absent due to leave, illness, or official business, all responsibilities and functions assigned to the COR will be the responsibility of the alternate COR listed below:

ACOR: To be completed at time of award

6. TECHNICAL ASSISTANT, if assigned by the requiring activity, is responsible for providing technical assistance and support to the COR in contract administration by:

a. Identifying contractor deficiencies to the COR;

b. Reviewing deliverables and recommending acceptance/rejection of deliverables;

c. Identifying contractor noncompliance of reporting requirements;

d. Evaluating contractor proposals for specific contracts/orders and identifying areas of concern affecting negotiations;

e. Reviewing contractor reports providing recommendations for acceptance/rejection;

f. Reviewing invoices for appropriateness of costs and providing recommendations to facilitate certification of the invoice;

g. Providing COR with timely input regarding the performance work statement, technical direction to the contractor, and recommending corrective actions; and

h. Providing written reports to the COR as required concerning trips, meetings, or conversations with the contractor.

Technical Assistant: To be completed at time of award or named in task orders as appropriate

7. ORDERING OFFICER is responsible for:

a. Requesting, obtaining, and evaluating proposals for orders to be issued;

b. Determining the estimated price of the order is fair and reasonable for the effort proposed;

c. Obligating the funds by issuance of the task order;

d. Authorization for use of overtime;

e. Authorization to begin performance; and/or

f. Monitoring of total value of task orders issued.

The following limitations/restrictions are placed on the ordering officer:

a. Type of order issued is limited by this contract to the contract type or types covered by this contract and to any limitations on the warrant of the individual placing the orders;

b. No order shall be placed in excess of TBD without the prior approval of the contracting officer;

and/or

c. No order shall be placed with delivery requirements in excess of one year, excluding options.

Ordering officer(s): To be completed at time of award

(End of text)

APPOINTMENT OF COR

APPOINTMENT OF CONTRACTING OFFICER'S REPRESENTATIVE (SEP 2015)

(a) The Contracting Officer hereby designates the following individual as Contracting Officer’s Representative(s) (COR) for this contract:

TBD

NAME CODE

TBD

MAIL ADDRESS

TBD

TELEPHONE NUMBER

(b) In the absence of the COR named above, all responsibilities and functions assigned to the COR shall be the responsibility of the alternate COR acting on behalf of the COR. The Contracting Officer hereby appoints the following individual as the alternate COR:

_TBD_________________________________________

NAME CODE

MAIL ADDRESS

TELEPHONE NUMBER

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.216-27 Single or Multiple Awards OCT 1995 52.217-5 Evaluation Of Options JUL 1990 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-41 Service Contract Labor Standards AUG 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.248-1 Value Engineering JUN 2020 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirement

NOV 2020

252.204-7023 Alt I Reporting Requirements for Contracted Services (JUL 2021) Alternate I

JUL 2021

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer JUL 2019 252.215-7016 Notification to Offerors--Postaward Debriefings MAR 2022 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an…