N32205-20-R-4041-0003.docx

N3220520R4041

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

QUESTIONS AND ANSWERS

Solicitation N32205-20-R-4041 Questions and Answers

1) The Performance Work Statement (PWS) indicates that all deck officers are required to hold US SECRET security clearances whereas Part V(a) requires the Master, Chief Officer, and an addition officer (deck or engineering) to be cleared to SECRET. There may be four deck officers onboard, if so, do all four require clearances?

Answer: Yes, all deck officers are required to hold a United States (US) SECRET security clearance prior to assignment.

2) Please advise of any restrictions or clearance guidelines (TWIC? CAD?) for accessing the vessel while at the Little Creek facility to cover both contractor personnel (shorebased & shipboard personnel) as well as service techs/vendors attending the vessel.

Answer: Military Sealift Command Atlantic (MSC LANT) will coordinate with appropriate Joint Expeditionary Base Little Creek (JEBLC) and Cheatham Annex (CAX) security personnel for base/pier access.

Note: Access is subject to Anti-Terrorism Force Protection (ATFP) conditions and will require advance coordination.

3) The PWS requires a crane with a 5 ton capacity, sufficient to lift equipment from the pier to the ship. (Please note a crane is rated at the maximum weight it can pickup which is normally close to the base of the crane.)

a. What is the required distance outboard from the hull of the ship that the load on the pier will be able to be staged?

Answer: Mission Equipment will be staged on the pier with the load center nominally no more than 10 feet from the pier wall. However, the distance outboard from the ship is dependent upon the required ship fendering configuration.

b. What is the maximum load at this distance to the pier in the prior question will the crane need to lift?

Answer: The maximum load at the distance to the pier would be 4100 pounds.

c. Is there any place specific on the vessel that the load will need to be delivered to in relationship to the ABS Approved Deck Layout?

Answer: The load must be placed on the same deck level as the mission system vans and have walking space around the box.

d. Is this crane being used to load the mission equipment identified in Table 1 or load supplies?

Answer: This crane is being used to load supplies.

4) Are the Mechanical & Electrical Technicians required to be separate / dedicated positions or can they be collateral duties of the ship’s crew? Do these positions require security clearances?

Answer: No, the Mechanical & Electrical Technicians are not required to be separate / dedicated positions. The Mechanical and Electrical Technicians may be collateral duties of the ship’s crew. A qualified Chief/1st Engineer with hydraulic and electrical knowledge is sufficient to satisfy this request. No, these positions do not require security clearances.

5) What qualification is required for the shipboard welder?

Answer: The shipboard welder must be qualified per United States Coast Guard (USCG) and American Bureau of Shipping (ABS) standards.

6) The PWS indicates accommodations for 30 SURTASS-E personnel (3 Officer and 17 unlicensed).

a. Is the total of 30 correct or should it be 20 accommodations?

Answer: The total of 30 is correct (6 Officer and 24 unlicensed). Officers in single staterooms. Unlicensed in 2-4 person staterooms. Unknown male to femle ratio. The PWS has been revised.

b. Does this total include the requirement for carrying 2 maritime cadets identified in Part IV(k)(4)?

Answer: The requirement for carrying 2 maritime cadets would not be applicable.

c. Is the usage of Portable Accommodations Modules suitable for the SURTASS-E personnel or are the accommodations required to be in the house?

Answer: The usage of Portable Accommodations Modules complying with USCG and ABS requirements is suitable though not recommended. The accommodations are not required to be in the house.

7) With respect to providing accommodations for SURTASS-E personnel, please advise whether victualling will be required and if so, should the offeror provide in his daily fixed cost or will the cost of meals be reimbursed?

Answer: Victualling will be required. The offeror should include 10 people in their daily fixed cost. Any cost of meals for additional people would be charged as a reimbursable.

Note: The Charterer shall have the right to assign supercargo (supercargo as used herein is both plural and singular) and other Government designated representatives aboard the Vessel for duty purposes to the extent that accommodations and United States Coast Guard certification (when applicable) allow and in accordance with COMSC Instruction 3121.9 Series. The Charterer shall pay an amount of $30.00 per day, per person, for personnel other than the 10 personnel per vessel who are included in the charter hire rate, who are staying onboard for more than 24 hours. This amount covers all expenses including accommodations and victualling. The Owner shall victual U.S. Government designated representatives, pilots, and Customs Officers when authorized by the Charterer at $7.00 per meal. The Government particularly reserves the right to put a representative onboard the Vessel, with the pilot, at the approach to a discharge port (or otherwise as mutually agreeable) to inspect the Vessel and to monitor the unloading; reimbursement for accommodations and/or victualling is to be as described above.

8) The PWS states: “Shall provide type accommodations for 30 SURTASS-E personnel. (3 officer equivalent, 17 unlicensed equivalent).” There seems to be some discrepancy between the 30 bunks and 20 personnel equivalents. Please confirm how many bunks are required and if there are any required configurations for each. For example, what is the difference in configuration criteria for officer personnel compared to unlicensed personnel?

Answer: See question 6’s answer “a”.

9) The vessel operator/contractor must provide objective quality evidence, test reports, or information, from any accredited noise and vibration organization, showing how the vessel being supplied does not exceed a threshold established in paragraph 4 (a). Does the required objective evidence or test report need to be included with the proposal or can it be submitted post award, prior to vessel delivery? If the reports need to be submitted with the proposal, is it possible to get a two week extension of the proposal due date? In order to obtain the required test reports, a third party provider will be needed to test the vessel. This testing will take some time with regards to scheduling of the provider, availability of the vessel, completing the testing properly, and providing the final reports.

Answer: Yes, the required objective evidence or test report needs to be included with the proposal. The proposal due date has been extended.

10) The PWS states: “Ship radiated noise profile excursions are permissible if the broadband noise source is no greater than 3dB, and, or any narrow band source is no greater than 15dB above the requirements of part (4.a).” The wording of this requirement is slightly challenging. It is not clear if the 3 dB broadband requirement needs to be met in addition to or instead of the 15 dB narrowband requirement. Furthermore, the ABS UWN-R limit is a one-third octave band limit, and not directly comparable to narrow bands. Please clarify the intended limits and scope of the noise profile.

Answer: The vessel must comply with BOTH the no greater than 3db broadband requirement AND the 15db narrowband requirement. The word “or” should be disregarded. The broadband signature will be verified against the requirement as outlined in Section 3 of the ABS specification. The vendor must identify all narrowband contributors to the vessel noise profile and how those values do not exceed the 15db limit.

11) States that vessel’s underwater radiated noise must meet the following requirements: Please clarify.

a. All broad band noise sources are allowable as long as they are no greater than 3dB above ABS UWN-R requirements

b. In addition to broadband noise sources less than 3dB above ABS UWN-R requirements, 5 narrow band noise sources are allowable as long as they are no greater than 15dB above ABS UWN-R requirements

c. Since the ABS UWN-R limit is a one-third octave band limit, any narrowband level should be directly compared to the numerical value of the one-third octave band limit at any specific frequency.

Answer: See the answer to question 10.

12) Please confirm that no PAST PERFORANCE data is required to be submitted.

Answer: Confirmed. No Past Performance data is required to be submitted.

13) A) Please confirm that the Government does not intend to pay for any mobilization a/o de-mobilization costs. B) In addition, please confirm that cancelation costs are not be included in the overall price evaluation.

Answer: A) Confirmed, the Government does not intend to pay for any separate mobilization a/o de-mobilization costs. Any costs the offeror has for mobilization and demobilization should be included in its charter hire. B) Confirmed, cancellation costs are not part of the total evaluated price but offerors should still complete the cancellation costs form IAW the RFP requirements.

14) Please confirm that the cost of installation of all mission specific/Government furnished equipment is to be loaded following delivery of the vessel with all associated costs for the Government’s account.

Answer: The loading/ unloading of the Government Furnished Equipment (GFE) is a cost/function of the government. However, the Offeror should include the cost of installation of "C" channel to vessel deck (ABS CERTIFIED welder/team).

15) Is the Wage Determination applicable to any current vessel under charter by MSC? If so, please provide the name of the vessel.

Answer: Wage Determinations may be applicable to MSC vessels. Contact the U.S. Department of Labor for additional information.

16) A)Will the removal of oily waste/slops removal and trash/garbage be provided by the Government at the Little Creek facility or to be arranged by the Contractor on a reimbursable basis? B) Please provide a list of reimbursable items.

Answer: A) The removal of oily waste/slops removal and trash/garbage will be provided by the Government at the Little Creek facility due to Government procedures. B) There are no reimbursable items.

17) Are ACAD drawings of GFE available?

Answer: Yes, ACAD drawings of the GFE are available upon request. Please be specific on what details you are requesting.

18) Please provide a notional OPTEMPO breakdown of in port/underway time and whether or not the offeror’s costs should reflect full operational status (FOS) 365-days to include idle/in-port stand-by periods.

Answer: The OPTEMPO breakdown is provided in Attachment B – Basic Pricing Data for price estimating purposes.

19) Will the contractor be required to complete the standard DRY TIME CHARTER boxes for inclusion with offer?

Answer: Offeror's should follow the instructions outlined in Box 75 of the RFP PART X. INSTRUCTIONS TO OFFERORS 52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

20) Please advise whether offeror will be required to meet any minimum financial wherewithal requirements.

Answer: Offerors should follow the instructions outlined in Box 75 of the RFP PART X. INSTRUCTIONS TO OFFERORS 52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

21) Please advise whether award will be based on BEST VALUE DETERMINATION or FAIR PRICE TEHNICALLY ACCEPTABLE (FPTA).

Answer: Offeror should follow Box 75 PART XI. FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS.

22) Section 3.2 Overboard poles supported by 4 welded platforms. Can you provide a drawing of the preferred typical arrangement?

Answer: Yes, a drawing can be provided upon request.

23) Who will install the DECON station listed in paragraph 1.8b of the PWS?

Answer: The offerer will install the DECON station.

24) Who will install the Counter Measure Water Wash-down System (CMWDS)?

Answer: The offerer will install the CMWDS.

25) The vessel will be fitted with a Counter Measure Water Wash-down System (CMWDS) consisting of clips and brackets for attaching standard fire hose nozzles at each weather deck fire station. Will an ABS classed deluge system be accepted as a functional equivalent to the specified CMWDS requirements?

Answer: An ABS classed deluge system may be accepted if the ship’s deluge system can cover 100% of the vessel with salt water to stop any contamination from sticking to the vessel and is IAW NSTM 470 compliant.

26) The contractor will reconfigure a space as necessary to function as a decontamination station in accordance with NSTM 470. MSC Drawing 4844759 Rev C – Standard Plan for Decontamination Station – General Note 5 says: If a suitable interior space is unavailable, a deck area outside of the superstructure with overhead cover may be acceptable if approved by MSC Engineering Directorate. Please specify the requirements for a deck area outside the superstructure that will make the decontamination station acceptable to MSC.

Answer: The Decontamination Station must be in an interior space. General Note 5 will not be acceptable. The PWS has been revised.

Note: An MSC CBRN technical representative is available to discuss space configurations/modifications necessary to meet the requirement.

27) The requirement for 45 day endurance does not include a consumption rate for potable water usage. Please specify the per person per day potable water consumption rate - Is 60 gpd/person acceptable?

Answer: Yes, 60 gpd/person is acceptable for a 45 day endurance.

28) The PWS states: Shall provide 150kW of 440/460/480 VAC 200Amp.

A) Typically +/- 5% voltage tolerance is acceptable in accordance with IEEE 45.

B) Please clarify the acceptable voltage and frequency tolerances for nominal 480V power.

Answer: The vessel shall provide 150 kW of 480 VAC +5% to -10% (per ANSI C84.1-2006), 3-phase, Delta, 50-60 Hz 200 Amp electric power. Power shall be stable and available 24 hours/day during mobilization (shore power), deployment (shipboard power), and de-mobilization (shore power).

29) Section 1.2 vessel must be capable of worldwide operations, including operating in the Arctic and Antarctic during all periods of time, when ice breaking certification is not required. Does the vessel have to be ice classed?

Answer: No, the vessel does not have to be ice classed. Per Attachment E - PWS 1.2: ice breaking certification is not required.

30) The PWS calls for a designated CBRN-D Officer. However, reps at the MSC Training Center East, the only location where the CBRN-D Officer course is taught, indicate that the school is closed until further notice. If this COVID crisis continues, will consideration be given to extending the expiration dates of previously certified CBRN-D Officers?

Answer: If this COVID-19 crisis continues consideration will be given to extend the certification of CBRN-D Officers until such time as the training again becomes available.

31) Will the requirements of the MSC CORONAVIRUS DISEASE 2019 (COVID-19) COMMAND RESPONSE PLAN AND MEDICAL GUIDANCE be incorporated into to this contract? If so, will the additional costs associated with the quarantine requirements be reimbursable?

Answer: No, the requirements of the MSC CORONAVIRUS DISEASE 2019 (COVID-19) COMMAND RESPONSE PLAN AND MEDICAL GUIDANCE will not be incorporated into this contract. Should there be a future requirement, language will be incorporated into the contract and additional costs associated with the quarantine requirements will be reimbursable.

32) Is stacking permitted on top of the Govt Furnished Equipment containers that make up the SURTASS-E mission system?

Answer: No, stacking is not permitted. The containers must be unobstructed in the configuration identified within the solicitation.

33) Request extension to offer due date. The underwater noise requirement for this solicitation is very unique. Obtaining the required noise data for our vessel requires specialist technicians to evaluate. Due to the unique technical nature of the requirements and due to limited global travel from COVID restrictions, additional time is needed to ensure the vessel meets the required ABS UWN standard. Therefore, we respectfully request offer due date be extended to 3 AUGUST 2020.

Answer: The offer due date has been extended.

34) Will it be acceptable to submit our offer for N32205-20-R-4041 SURTASS-E Long Term through “DOD SAFE” file exchange? Or would you prefer that we send the offer in a series of multiple emails due to file size? The solicitation did not provide DOD SAFE as a method of proposal submission, but it seems that would be more efficient than sending multiple emails.

Answer: No, it will not be acceptable to submit your offer through the file exchange. We prefer that you send the offer in a series of multiple emails if necessary.

35) What should be entered if a UEI hasn’t been assigned? When we contacted www.sam.gov we were told that a UEI was to be assigned “later this calendar year” and there was no procedure for expediting the assignment for a specific solicitation.

Answer: You should state that you have contacted www.sam.gov and the UEI will be assigned later this calendar year.

36) Part 1, Special Time Box 6, Page I-6, Half way down the page indicates “PART IV ADD NEW SECTIONS” but no new section follows the instruction.

Answer: An amendment will be issued deleting this phrase.

37) Part 1, Special Time Box 6, Page I-6, there is a requirement to DELETE PART IV(k)(4) and replace with Cadet Training. Part IV(k) does not have paragraph numbers so please clarify what section needs to be deleted and replaced.

Answer: An amendment will be issued deleting this phrase.

38) Part 1, Special Time Box 6, Page I-6, at the bottom of the page indicates to ADD PART IV(as) Option to Purchase This time Chartered Vessel, but PART IV(as) is entitled “Safety Management System”.

· There is another section, PART V(m) entitled “Option to Purchase Time Chartered Vessel”. Which one takes precedence?

Answer: An amendment will be issued revising this.

39) Part 1, Page I-7 adds in PART V(n) Cancellation Fees. Is the contractor required to enter in the various cancellation fees for each option period?

Answer: No, the contractor is not required to enter in the various cancellation fees for each option period.

40) Part 1, Special Time Box 75, Page I-31. Please clarify the tayloring of provisions and clauses for Section VIII ADDITIONAL FAR AND DFARS CLAUSES:

a. Many of the references are incorrect. For example, VIII(b)(2) in Part 1 is FAR52.232-18 whereas in the actual VIII(b)(2) is FAR52.201-21.

b. Part 1 indicates which clauses should be checked, but many of the clauses in PART VIII are already checked. Do we ignore the other checked boxes in PART VIII? For example FAR 52.204-4 is checked but not referenced in Part 1. DFARS 252.232-7006 is checked but not referenced in PART I.

c. Some of the clauses that are required to be added are already in PART VIII, but with a difference reference number. For example, FAR 52.228-3 is required to be added to (23) but it already exists at (27).

Answer: An amendment will be issued revising this.

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 23-Jul-2020 01:00 PM to 03-Aug-2020 01:00 PM.

The following have been modified:

PROFORMA

MILITARY SEALIFT COMMAND

SPECIAL TIME CHARTER (SPECIALTIME)

PREAMBLE

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

2. The Charter, when awarded, will consist of the completed Standard Form (SF) 1449, this Preamble, and Parts I through IX.

3. The signature of the Contracting Officer on SF 1449 signifies acceptance of the Contractor’s proposal and award of the Charter. The SF 1449 and Parts I through IX contain in full all of the amendments, references, responses, deletions, additions and interlineations made by both parties to the RFP and the proposal as of the Charter Party date. In the event that there is any inconsistency between the terms and conditions of this Contract and those in an offeror’s proposal, this Contract shall control. All references to boxes in Parts II through IX shall be to Part I boxes unless otherwise stated.

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

N3220520R4041

MSC SPECIALTIME 2020

LIST OF EFFECTIVE CHANGES

2015-O0016) (SEP 2015) – CHECKED”

7/17/20

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

SPECIAL TIME CHARTER

TABLE OF CONTENTS

I. SPECIAL TIME BOXES I-1 – I-11

(Unless specifically referenced in Box 6, the paragraphs that follow do not apply to this Charter Party)

VIII. ADDITIONAL FAR AND DFARS CLAUSES VIII-1 – VIII-7

(q) Attachment IX(Q) - Technical Evaluation Worksheet

(r) Attachment IX(R) - Classified Vessel Requirement (Not distributed with Solicitation-post award)

(s) Attachment IX(S) - Fuel Consumption Template

(t) Attachment IX(T) - Shipyard Data Information Template

(2) FAR 52.215-5 Facsimile Proposals

(3) FAR 52.212-1 (Addendum) Additional Instructions to Offerors—Commercial Items

X(B). INSTRUCTIONS TO OFFERORS – LONG-TERM CHARTER X-8 – X-15

XI(A). FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

(tailored pursuant to FAR 12.302(a)) – SPOT CHARTER XI-1 – XI-3

XI(B). FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

(tailored pursuant to FAR 12.302(a)) – LONG-TERM CHARTER XI-4 – XI-8

MSC SPECIALTIME 2020 x

Vessel(s):

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

MSC SPECIALTIME

PART I - SPECIALTIME BOXES

1. Vessel(s) Required:

The vessel requirements are provided as Attachment E – Performance Work Statement (PWS)

FAR 52.212-4(as tailored) has been amended in Box 6 to give first precedence to the special time boxes and Attachment E - PWS in the ORDER OF PRECEDENCE section.

2. Place / Range of Delivery:

Norfolk, Virginia

3. Place / Range of Redelivery:

Norfolk, Virginia

4. Charter Period):

Firm period of 12-months with three 1-year option periods and one 11-month period.

5. Laydays:

Commencing: 04 January 2021

Cancelling: 15 April 2021

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

AMEND PART II FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (SEP 2013) (s) TO READ:

ORDER OF PRECEDENCE (TAILORED)

Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

ADD PART II(o)(4)(v) Should equipment malfunction/inoperability necessitate the provision of fuel in higher a grade than required in Boxes 72, 73, and 74, owner shall be responsible for such increase in fuel price.

Conduct of Master, Officers, and Crew. The Master, Officers, and crew shall be appointed or hired by the Owner and shall be deemed to be the servants and agents of the Owner at all times except as otherwise specified in this Charter. The Master of the Vessel shall be under the Charterer’s direction with regard to the employment of the Vessel, but shall not be under the Charterer's orders with regard to the navigation, care, and custody of the Vessel. If the Charterer shall have reason to be dissatisfied with the conduct of the Master, Officers, or crew, the Owner shall, upon receiving the particulars of the complaint, investigate the matter and resolve the issue to the satisfaction of the charterer. Any and all additional costs including but not limited to attorney’s fees incurred as a result of removal of such personnel shall be for the Owner’s account.

ADD PART II(o)(9) Radiated Noise. The Owner warrants that the Vessel as stated in the PWS – Attachment E, 1.9 Requirements, No. 4. Vessel Characteristics – Radiated Noise:

a. During normal towing operations (4-6 knots), the ship radiated noise should not exceed the requirements as set forth in the ABS Guide for the Classification Notation – Underwater Noise (July 2018), Underwater Noise (UWN) requirements for Research Vessels, subsection 3/5 or other classification society equivalent.

b. The vessel operator / contractor must provide objective quality evidence, test reports, or information, from any accredited noise and vibration organization, showing how the vessel being supplied does not exceed a threshold established in paragraph (4.a).

c. Ship radiated noise profile excursions are permissible if the broadband noise source is no greater than 3dB, and, or any narrow band source is no greater than 15dB above the requirements of part (4.a). No more than 5 narrowband sources greater than 15dB will be considered acceptable. The offeror must clearly demonstrate how the noise source can be mitigated. The determination of whether or not a source is, or can be adequately mitigated is at the sole discretion of the government.

NOTE: The government reserves the right to verify that the vessel meets the radiated noise requirement (4.a) upon delivery.

ADD PART IV (d) (3): Offerors shall identify those ports in which they have any active arrest warrants or similar actions pending that would either delay the vessel from performing, or otherwise prevent the vessel from free entry/departure.

DELETE PART IV(g) AND IV(h) and replace with the following:

G‐1 Vessel Owner’s Insurance.

G‐1.1 During the full period of this Charter Party, Contractor shall maintain marine insurance coverage on the Vessel, including:

i. Hull and Machinery,

ii. Protection and Indemnity (P&I) (including pollution liability),

iii. War Risk Hull and Machinery,

iv. War Risk Protection and Indemnity (P&I), and

v. Second Seaman’s War Risk. (the principal sum of which shall be $200,000.00 per Master, Officer, or crew member (this is also the loss-of-life benefit)).

Except as otherwise expressly provided in Section G‐1.3 below or as expressly provided in the section entitled “War” (H‐1), all expenses for such insurance coverage (including but not limited to premiums, additional premiums, calls, commissions, overspill claims, advancements, assessments, deductibles, and all other insurance costs regardless of Charterer or Contractor fault, neglect, action or inaction, or cause of claim or cost whatsoever) shall be for Contractor’s account and shall be deemed to be included in the hire payable under this Charter Party. Contractor shall make insurance claims under applicable policies for all damages, injuries, or claims arising from or related to this Charter when directed by Charterer regardless of Charterer’s fault, neglect, action, inaction, or breach of clauses, obligations or warranties (express, implied or otherwise) of this Charter Contract.

|X| 1.1.1 At least 10 calendar days prior to delivery of Vessel, Contractor shall provide the Contracting Officer copies of policies or cover notes evidencing that required coverage has been obtained and demonstrating that the coverage is consistent with the requirements of this section. Contractor’s failure to provide the required policies or cover notes may be considered material breach of this Contract.

G‐1.2 Contractor agrees to indemnify and hold harmless the Charterer for all liability, costs, or expenses arising from or related to this contract and involving covered risks and losses under the terms of the insurance required in G-1.1 above. Contractor shall obtain an endorsement on all of Contractor’s insurance policies listed in Section G-1.1 by which Contractor’s Insurer “waives all rights of subrogation against the United States of America regardless of amount.”

G‐1.3 If Vessel is sent beyond the limits of American Institute Trade Warranties under this Charter Party, the Charterer agrees to reimburse the Contractor for the actual extra cost of additional premiums and/or increased deductible levels to the extent such extra cost is occasioned by the Vessel’s trading beyond such limits. Contractor shall immediately notify Charterer whenever any sailing orders will send the Vessel beyond such limits, shall identify to Charterer any anticipated additional cost of insurance relating thereto, and shall obtain Charterer’s approval to proceed beyond such limits prior to doing so. If Contractor fails to provide the notifications required or to obtain Charterer’s informed prior approval, Charterer shall not be required to reimburse the Contractor for the costs described in this paragraph. The issuance of sailing orders, by itself, does not constitute approval in advance by Charterer.

G-1.4 All policies shall contain an endorsement stating that “in the event Insurer receives from Vessel Owner any notice of cancellation or any notice of material change to the policy or its coverage, the cancellation or change shall not be effective until 30 days after written notice thereof is provided to Charterer’s Contracting Officer by the Insurer (unless such change is directed by the Charterer’s Contracting Officer).” Additionally, Contractor shall immediately notify Charterer of any change whatsoever in coverage.

G-2 Charterer Named Additional Assured on Owner’s Hull Policy, War Risk Hull Policy, and Second Seaman’s War Risk Policy.

G-2.1 The United States of America (as Charterer) shall be named as an additional assured with waiver of subrogation under the Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and Second Seaman’s War Risk policy.

|X| 2.1.1 At least 10 calendar days prior to delivery of vessel, Contractor shall provide the Contracting Officer copies of policies or cover notes evidencing that the required coverage has been obtained. Contractor’s failure to provide the required policies or cover notes may be considered material breach of this contract.

G-2.2 “Other than owner” and “as owner” limitations. If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s War Risk policy contain(s) any provision limiting coverage under the policy only to liabilities arising as owner of the vessel, Contractor shall arrange for such limiting provision to be stricken from the policy.

G-2.2.1 If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s War Risk policy contain(s) any provision designed to limit the effect of striking “other than owner” or “as owner” provisions as required in Section G-2.2, such provisions shall also be amended to ensure Charterer is provided full benefit of the insurance for its acts as Charterer.

G‐2.3 Limitations of Coverage to U.S. Limitation of Shipowners’ Liability Act (or similar) limitation amounts. If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and/or Second Seaman’s War Risk policy contain(s) any provision(s) limiting maximum payment to Owner in any instance to the amount to which Owner is able to limit Owner’s liability pursuant to the U.S. Limitation of Shipowners’ Liability Act of 1851, the 1976 Convention on Limitation of Liability for Maritime Claims, or any similar law, Contractor shall arrange for such limiting language to be stricken or amended to ensure the policy or policies are not similarly limited in payment or coverage amount with respect to coverage afforded the United States of America as additional assured Charterer.

G‐3 P&I Insurance for Charterer’s Risks or Time Charterer Protection and Indemnity (P&I) with P&I War Risk Coverage.

G‐3.1 Contractor shall obtain P&I Insurance for Charterer’s Risks or a Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage for the United States of America (as Charterer) covering all risks typically covered by P&I Insurance for Charterer’s Risks or Time Charterer Protection and Indemnity entries with P&I War Risk coverages in Protection and Indemnity associations that are members of the International Group. Except as otherwise expressly provided in the section entitled “War,” all expense of such policy/entry described in this section (including but not limited to premiums, additional premiums, calls, commissions, overspill claims, advancements, assessments, deductibles, and all other insurance costs regardless of Charterer or Contractor fault, neglect, action or inaction, or cause of claim or cost whatsoever) shall be for Contractor’s account and shall be deemed to be included in the hire payable under this Charter Party. Contractor shall make insurance claims under the Time Charterer Protection and Indemnity policy/entry described in this section when directed by Charterer.

|X| 3.1.1 At least 10 calendar days prior to delivery of Vessel, Contractor shall provide the Contracting Officer a copy of the policy. Contractor’s failure to provide the required copy of the policy may be considered material breach of this Contract.

|X| 3.1.2 The Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage shall provide coverage of $500,000,000.00.

G‐3.2 Charterer shall not be obliged to declare to the insurer all ships chartered by it.