N32205-16-R-3000_conformed_copy_through_Amendment_0004.pdf

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until 04:00 PM local time 01 Aug 2016

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G F 127 - 145

146 - 165 X H 166 - 172 diana.fischer@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)

1 172

(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.

N32205 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

MSCHQ Norfolk conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

DIANA FISCHER 202.685.5531

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 9

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

10 - 85

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

87 - 88 89 - 93

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 94 - 101 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 102 - 109 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

110 - 125

PART II - CONTRACT CLAUSES

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-64 NAVAL STATION N

NORFOLK VA 23511-2419

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

25 Jul 2016

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N32205-16-R-3000

Section B - Supplies or Services and Prices

SECTION B

1.0 General. The rates for services provided under this contract shall be payable at the applicable, fully burdened per diem rates stipulated in the Section B rate schedule. Said payments shall be considered payment in full for all services, equipment, supplies, operation and maintenance of Government equipment, and all contractor personnel under this contract, including all penalty time, bonuses, payments, and emoluments payable to contractor personnel for services under this contract, irrespective of the geographic scope of said services, vehicular cargoes, bulk cargoes, general cargoes and the carriage of hazardous cargoes (for explosives, ammunition when applicable see Section B-1.9 below). Said payments do not include those items specifically identified as reimbursable under this contract, which will be reimbursed in accordance with Section B-1.3 Reimbursable Items below.

If there is any inconsistency between sections A through J of this contract and the Surge LMSR Technical

Manual, sections A through J of this contract shall govern.

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

1.2 Familiarization. The Contractor’s fixed price per diem shall include all effort required for ship familiarization (see Section C-3.7.3) for the specified timeframes prior to ship deliveries. This includes crew wages & fringes, travel cost, travel wages, training, insurance, administrative cost and any other costs associated with start-up costs not otherwise included in the offeror’s per diem rate. A break-down of these expenses shall be submitted with Attachment O, Pricing Forms A and C, due within 30 days of contract award (see Section F-6).

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

For expenses that require pre-approval of the Contracting Officer or the Contracting Officer Representative, the Contractor will only be reimbursed if approval is obtained prior to the expense being incurred.

1.4 Estimates. All quantities are estimates unless specifically guaranteed and shall not serve as the basis for additional compensation under the contract.

1.5 Holidays. Holidays are defined as the ten (10) Federal Holidays specified at 5USC 6103(a):

Table 1: Federal Holidays per 5 USC 6103(a) New Year’s Day, January 1.

Birthday of Martin Luther King, Jr., the third Monday in January.

Washington’s Birthday, the third Monday in February.

Memorial Day, the last Monday in May.

Independence Day, July 4.

Labor Day, the first Monday in September.

Columbus Day, the second Monday in October.

Veterans Day, November 11.

Thanksgiving Day, the fourth Thursday in November.

Christmas Day, December 25.

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

1.7 Layberth Locations.

1.8 Familiarization. All costs associated with the familiarization period, including personnel wages, transportation, subsistence and lodging shall be included in the contractor’s fixed rate.

Lot 1 (Seven Bob Hope Class LMSRs): For pricing and evaluation purposes only, the contractor should assume a maximum of five separate layberth locations which could be anywhere on the U.S. Atlantic Coast from Narragansett Bay, RI to Florida, or on the U.S Gulf Coast or the U.S. West Coast for calculating expenses for ashore support. There are currently two layberths on the US West Coast (a 2-ship layberth in Bremerton, WA and 1 ship in San Diego, CA) and one layberth on the Gulf Coast (a 2-ship layberth in Corpus Christi, TX). Two of the Bob Hope Class LMSRs will be forward deployed in support of Marine Corps prepositioning worldwide. Currently, one of the ships is in Saipan and the other is in Diego Garcia.

Lot 2 (Two Gordon Class and Two Shughart Class LMSRs): For pricing and evaluation purposes only, the contractor should assume a two separate layberth locations which could be anywhere on the U.S.

Atlantic Coast from Narragansett Bay, RI to Florida, or on the U.S Gulf Coast for calculating expenses for ashore support. There are currently two layberths for these ships, one 2-ship laybeth on the East Coast (Baltimore, MD) and one 2-ship layberth on the Gulf Coast (New Orleans, LA).

It should not be assumed that layberth locations will remain constant for the duration of the operating contract.

1.9 Full Operating Status (FOS) Per Diem. The proposed per diem rates should include a two-day on board turnover period when replacing shipboard key billets. The contractor’s firm-fixed-price FOS per diem rates shall include the full wages and fringe benefits for each crewmember for an eight-hour workday, seven days per week (56 hours per week per person), and 365 days per year (including all holidays). In addition, any overtime incurred for the purpose of maintaining required “watches” shall be part of the firm-fixed-price per diem. This includes the routine gangway watch, also referred to as the gangway security watch, which includes roving patrol duties. With the exception of OCONUS travel for Surge ships (USNS BOB HOPE, USNS BENAVIDEZ, USNS BRITTIN, USNS FISHER, USNS MENDONCA, USNS GORDON, USNS

GILLILAND, USNS YANO and USNS SHUGHART),all crew travel costs, including those related to crew rotation, and MSC required training are for the Contractor’s account and will not be reimbursed by the Government. OCONUS travel for the USNS PILILLAU and USNS SEAY is not reimbursable and shall be included in the Contractor’s fixed price.

1.9.1 Ammo Bonus Surge Ships. In the event the Government places aboard the ship explosives in sufficient quantity to cause the Contractor to pay the crew a required "explosives bonus," the Government will reimburse the Contractor actual bonus costs. A properly certified invoice citing this paragraph and including the language from the union agreement or other applicable document requiring payment of the bonus will be submitted for payment.

1.9.2 Ammo Bonus Marine Corps LMSRs (LOT 1 Only). The Contractor shall assume that Marine Corps Prepositioning ships on this contract will upload sufficient quantities of ammunition/explosive material to pay the warrant payment of an ammo bonus to crewmembers, offerors proposed fixed price per diem rates for these ships be inclusive of ammo bonus premiums.

1.10 Reduced Operating Status (ROS-5) Per Diem. The ROS-5 per diem rates provided under this contract shall be payable at the applicable, fully burdened per diem rates stipulated in the Section B rate schedule. The ship shall be fully manned by the ROS-5 crew eight hours per day, five days a week (Monday through Friday) except for those Federal Holidays specified in the Contract. The firm fixed price per diem rates should also include a two-day on board turnover period when replacing shipboard key billets and shall include the full wages and fringe benefits for one Officer to be retained on the ship evenings, holidays and weekends to fulfill security requirements. Said payment shall be considered payment in full for all ROS-5 services, equipment, supplies, operation and maintenance of the ship and Government equipment, and all contractor personnel under this contract, including all penalty time, bonuses, payments and emoluments payable to contractor personnel for services under this contract. The ship shall be fully manned during core work hours.

Gangway security-watch overtime, when required, will be reimbursed with Contracting Officer approval and therefore should not be included in the firm-fixed-price per diem. All crew travel costs, including those related to crew rotation, and MSC required training are for the Contractor’s account and will not be reimbursed by the Government.

Ships may alternate between ROS and FOS and the applicable rate will be that which is associated with the status of the ship at any given time.

1.11 Adjustments to ROS-5 Crew Size. The Government reserves the right to make minor crew adjustments during periods of ROS-5 (e.g. reduction of steward crew when ROS ships are nested and multiple ships crews are fed on one ship, the addition of an Electronics Officer, or the addition of crew for enhanced security). During times in which the ROS-5 crew is modified, the per-diem rate will be increased or decreased by the total amount of the crew member’s Total Wages/Fringes/Payroll Taxes as depicted in Attachment O, Pricing Form C for ROS-5 (also see Section B.1.2, and F-6). The Government will not consider or pay adjustments to the per diem rate for Contractor overhead, general and administrative cost, material handling costs, profit, or fees.

If the requested crew billet is not listed on Pricing Form C for ROS-5, the Contractor shall provide a union-approved rate for that billet, adjusted only by the addition of contractor-provided fringe benefits and payroll taxes. The Government will not consider or pay adjustments to the per diem rate for Contractor for overhead, general and administrative cost, material handling costs, profit, or fees.

With Contracting Officer’s approval, the Government will also reimburse the Contractor for reasonable direct expenses associated with the additional crew member(s). The Government will not reimburse the Contractor for overhead, general and administrative cost, material handling costs, profit, or fees above the actual cost of such direct expenses. These direct expenses may include the following:

Subsistence for the crew member(s) remaining onboard with the prior written approval of the

Contracting Officer;

Transportation costs of crew members leaving or returning to the ship because of a Government directed ROS-5 crew size adjustment; and

Any extraordinary expense incurred with the Contracting Officer’s approval. The Contractor shall exercise prudent judgment to minimize all such direct costs and shall request the Contracting Officer’s prior approval of any action affecting such costs, including crew members remaining onboard, whenever practicable.

1.12 Alternate ROS. The Government reserves the right to designate an alternate Reduced Operating Status based upon an activation timeline of more or less than five days (e.g., ROS-4, ROS-30). During such time crew wages and fringes and transportation costs will be reimbursable with prior Contracting Officer consent.

Other direct costs will be negotiated using the costs identified by the Contractor on Form A as the basis for negotiation.

1.13 Repair Availability (RAV Per Diem). The RAV per diem rates provided under this contract shall be payable at the applicable, fully burdened per diem rates stipulated in the Section B rate schedule. The ship shall be fully manned by the RAV crew identified in Section 19 of the Surge LMSR Technical Manual. The contractor’s firm-fixed-price RAV per diem rates shall include full wages and fringe benefits for each crewmember for an eight-hour workday, seven days per week (including all holidays). The proposed per diem rates should also include the full wages and fringe benefits for one Officer to be retained on the ship evenings, holidays and weekends to fulfill security requirements. The ship shall be manned by the RAV crew during shipyard work hours. Said payment shall be considered payment in full for all RAV services, equipment, supplies, operation and maintenance of the ship and Government equipment, and all contractor personnel under this contract, including all penalty time, bonuses, payments and emoluments payable to contractor personnel for services under this contract. Should shipyard work hours exceed 8 hours per day, overtime will be reimbursed in accordance with Section C-1.7.14.4.2 (Overtime as Reimbursable Cost). It is the Government’s intent that the crew will reside onboard the vessel for the duration of the shipyard availability unless Contracting Officer approves shoreside accommodations due to special circumstances.

All crew travel costs, including those related to crew rotation, and MSC required training are for the Contractor’s account and will not be reimbursed by the Government.

1.14 Transition Costs. The contractor will not be paid a fixed fee to transition a ship from ROS to FOS, FOS to

ROS, FOS to RAV and RAV to FOS. Rather, the contractor shall be reimbursed reasonable direct actual prices for supplies and services associated with the transition in accordance with Section G-8.

1.15 Dock Trials. Dock trials will be conducted at a minimum of once per year for Surge vessels and will have a duration of 5 days. The per instance dock trial rates provided under this contract shall be payable at the applicable, fully burdened rates stipulated in the rate schedules in Section B. The entire dock trial evolution will be conducted within the ROS-5 or RAV per diem. Firm-fixed-price dock trial rates shall include any additional costs that may be incurred above the fixed price per diem rate in completion of all tasks and requirements stated in the LMSR Technical Manual, Section 30 (Dock Trial Agenda).

1.16 Phase-In, Phase-Out Services at Ship Turnover. In the event the Government requires the Contractor to engage in phase-in, phase-out ship turn-overs to a follow-on contractor under Clause 52.237-3, reasonable costs plus reasonable profit due under that clause are hereby agreed by the parties to be equal to ship-by-ship per diem rates in effect at commencement of phase-out. As ships are turned over, total contract price shall therefore decline by an amount equal to the per diem amount reflected in the CLIN for the ship(s) turned-over. The parties agree that no additional cost will be claimed or due for proportionally-increased overhead, proportionally-increased G&A, or other similar proportionally-increased costs as the number of total ships operated under the contract declines during the phase-out.

1.17 Service Contract Labor Standards Compliance. The contractor must certify that the wages and fringe benefits paid to ships’ crew under this contract (and contained within Attachment O, Pricing Form C) reflect, as a minimum, the wage and fringe benefits levels contained in Attachment B, Department of Labor Wage Determination, listed in Section J.

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

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

FUNDING INFORMATION ONLY

CLIN Structure. Two CLINS (Per Diem and Reimbursables) will be provided for each ship for each contract year.

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

Lot 1

Table 1: CLIN Structure for OPHIRE/Per Diem (Exp Type 25213)

Ship Name Firm (FY18) Opt. 1 (FY19) Opt. 2 (FY20) Opt. 3 (FY21) Opt. 4 (FY22)

USNS BENAVIDEZ 0001 0015 0029 0043 0057

USNS BOB HOPE 0003 0017 0031 0045 0059

USNS BRITTIN 0005 0019 0033 0047 0061

USNS FISHER 0007 0021 0035 0049 0063

USNS MENDONCA 0009 0023 0037 0051 0065

USNS PILILAAU 0011 0025 0039 0053 0067

USNS SEAY 0013 0027 0041 0055 0069

Per Diem sub-CLIN Structure. The Per Diem CLINS will use the following sub-CLIN format. Note that the each "xxxx" will correspond with a CLIN number in Table 1:

Table 2: sub-CLIN Structure for OPHIRE/Per Diem

Sub-CLIN Description xxxxA_ Surge FOS (Info Only sub-CLIN) xxxxB_ FOS-ROS Delta xxxxC FOS Marine Corps LMSRs xxxxD_ ROS-5 xxxxE_ RAV xxxxF_ Dock Trials

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

Table 3: CLIN Structure for Reimbursable Expenses

Ship Name Firm (FY18) Opt. 1 (FY19) Opt. 2 (FY20) Opt. 3 (FY21) Opt. 4 (FY22)

USNS BENAVIDEZ 0002 0016 0030 0044 0058

USNS BOB HOPE 0004 0018 0032 0046 0060

USNS BRITTIN 0006 0020 0034 0048 0062

USNS FISHER 0008 0022 0036 0050 0064

USNS MENDONCA 0010 0024 0038 0052 0066

USNS PILILAAU 0012 0026 0040 0054 0068

USNS SEAY 0014 0028 0042 0056 0070

Sub-CLIN Structure for Reimbursable Expenses. The reimbursable sub-CLINs will use the following structure.

Note that the each "xxxx" will correspond with a CLIN number in Table 3.

Table 4: SubCLIN Structure for Reimbursable Expenses subCLIN Suffix

Description EXP

TYPE

xxxxA_ Crew Travel/Training 21011 xxxxB_ Port/Canal Charges 2522K xxxxC_ Overhaul 25232 xxxxD_ Industrial Assistance 25235 xxxxE_ Contract Service Not Classified 2528B xxxxF_ Ship Spares 31011 xxxxG_ Crew Overtime 2521G

Per Diem Rate Schedule. The following per diem rates shall be payable in accordance with Sections B-8, B-10, & B-11 above.

Table 5: Per Diem Rates Structure for Lot 1

Period of Performance / Rate

Sub-CLIN Ship Status Firm (FY18) Opt 1 (FY19) Opt. 2 (FY20) Opt. 3 (FY21) Opt. 4 (FY22)

BOB HOPE Class Surge Ships

1-Oct -17 to 30-Sep-18

1-Oct-18 to 30- Sep-19

1-Oct-19 to 30- Sep-20

1-Oct-20 to 30- Sep-21

1-Oct-21 to 30- Sep-22 xxxxA_ FOS (Info Only sub-

CLIN)

xxxxB_ FOS-ROS Delta xxxxC FOS Marine Corps LMSRs xxxxD_ ROS-5 xxxxE_ RAV xxxxF_ Dock Trails

Lot 2

Table 6: CLIN Structure for OPHIRE/Per Diem (Exp Type 25213)

Ship Name Firm (01 Apr 17- 31 Mar 18)

Opt. 1 (01 Apr 18- 31 Mar 19)

Opt. 2 (01 Apr 19- 31 Mar 20)

Opt. 3 (01 Apr 20- 31 Mar 21)

Opt. 4 (01 Apr 21- 31 Mar 22)

USNS GORDON 0001 0009 0017 0025 0033

USNS GILLILAND 0003 0011 0019 0027 0035

USNS SHUGHART 0005 0013 0021 0029 0037

USNS YANO 0007 0015 0023 0031 0039

Per Diem sub-CLIN Structure. The Per Diem CLINS will use the following sub-CLIN format. Note that the each "xxxx" will correspond with a CLIN number in Table 6:

Table 7: sub-CLIN Structure for OPHIRE/Per Diem

Sub-CLIN Description xxxxA_ Surge FOS (Info Only sub-CLIN) xxxxB_ FOS-ROS Delta xxxxC_ ROS-5 xxxxD_ RAV xxxxE_ Dock Trials

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

Table 8: CLIN Structure for Reimbursable Expenses

Ship Name Firm (01 Apr 17- 31 Mar 18)

Opt. 1 (01 Apr 18- 31 Mar 19)

Opt. 2 (01 Apr 19- 31 Mar 20)

Opt. 3 (01 Apr 20- 31 Mar 21)

Opt. 4 (01 Apr 21- 31 Mar 22)

USNS GORDON 0002 0010 0018 0026 0034

USNS GILLILAND 0004 0012 0020 0028 0036

USNS SHUGHART 0006 0014 0022 0030 0038

USNS YANO 0008 0016 0024 0032 0040

Sub-CLIN Structure for Reimbursable Expenses. The reimbursable sub-CLINs will use the following structure.

Note that the each "xxxx" will correspond with a CLIN number in Table 8.

Table 9: SubCLIN Structure for Reimbursable Expenses subCLIN Suffix

Description EXP

TYPE

xxxxA_ Crew Travel/Training 21011 xxxxB_ Port/Canal Charges 2522K xxxxC_ Overhaul 25232 xxxxD_ Industrial Assistance 25235 xxxxE_ Contract Service Not Classified 2528B xxxxF_ Ship Spares 31011 xxxxG_ Crew Overtime 2521G

Per Diem Rate Schedule. The following per diem rates shall be payable in accordance with Sections B-8, B-10, & B-11 above.

Table 10: Per Diem Rates Structure for All Ships

Period of Performance / Rate

Sub-CLIN Ship Status Firm Period Option 1 Option 2 Option 3 Option 4

SHUGHART &

GORDON CLASS

1-Apr -17 to 31-Mar-18

1-Apr-18 to 31-Mar-19

1-Apr-19 to 31-Mar-20

1-April-20 to 31-Mar-21

1-Apr-21 to 31-Mar-22 xxxxA_ FOS (Info Only sub-

CLIN)

xxxxB_ FOS-ROS Delta xxxxC_ ROS-5 xxxxD_ RAV xxxxE_ Dock Trails

Section C - Descriptions and Specifications

SECTION C-1

SECTION C – STATEMENT OF WORK

1 OPERATIONS AND MANNING

1.1 GENERAL OPERATIONS

1.1.1 Scope of Work/Mission. The Contractor(s) shall operate one or more Lots of Large Medium Speed Roll-

On/Roll-Off (LMSR) ships for the Military Sealift Command Surge fleet, henceforth referred to as the “Government”. The Lots include the following LMSR ship Classes: Lot 1: Seven (7) Bob Hope Class ships (consisting of the USNS BOB HOPE, USNS BENAVIDEZ, USNS BRITTIN, USNS FISHER, USNS MENDONCA, USNS SEAY and USNS PILILAAU); Lot 2: Two (2) Gordon "G" Class ships (consisting of the USNS GORDON and USNS GILLILAND) and two (2) Shughart "S" Class ships (consisting of the USNS SHUGHART and USNS YANO). They shall be operated in a professional manner, maintained in good condition, and shall be mission-ready at all times. The Contractor shall provide personnel, operational and technical support ashore and afloat, equipment, tools, provisions, and supplies to operate, maintain, and repair the ships. The Contractor shall plan, schedule, coordinate and ensure effective completion of all services described herein. All mechanical, electrical, and auxiliary systems shall be maintained in accordance with the terms and conditions of the contract. The Contractor is responsible for performing scheduled and unscheduled maintenance and repairs, as necessary, on a 24 hour a day basis.

1.1.1.1 Directives. For the execution of this contract, MSC Instructions and the Surge Technical Manual provide added details to the Statement of Work, Section C. The MSC Standard Operating Manual (SOM), COMSCINST 3121.9 (series) provides policies and procedures pertaining to the operation and administration of the MSC fleet and provides a guide to other more definitive instructions. Masters shall be familiar with the SOM content and the Surge Technical Manual.

1.1.1.2 Order of Precedence. In the event Section C conflicts with an MSC Instruction, the Surge Technical

Manual or the Standard Operating Manual, Section C shall take precedence.

1.1.2 Concept of Operations. The Surge LMSRs are currently maintained in reduced operating status five (ROS-5) on the East, West and Gulf Coasts of the United States. ROS-5 requires that the ships be maintained in such a condition that upon notification to transition to Full Operating Status (FOS) they will be fully operational within 5 days (120 hours). From time to time, there may be Government stevedore cargo operations or other training required to be conducted on the ships during ROS-5. An exception to this activation time period may be made when activation is required in connection with a severe weather sortie, contingency, or other emergent requirement.

1.1.2.1 Marine Corps LMSR Concept of Operation (LOT 1 Only). Two of the Lot 1 ships will be employed in the worldwide prepositioning of Government owned cargo, including, but not limited to, hazardous materials (including explosives and ammunition), vehicular cargo, bulk cargo, and general cargo. The ship and the cargo are designed for extended, independent underway operations in remote geographic locations. Therefore, self-sufficiency in operations and maintenance is an important mission requirement.

After cargo download in contingency scenarios, the ship will be available for use as common user assets or may be placed in a reduced operating status (ROS).

1.1.2.2 ROS Status. Although, a reduced operating status deeper than ROS-5 is not anticipated, the Government reserves the right to designate an alternate reduced operating status for the ships. Should this occur, alternative ROS rates shall be negotiated in accordance with Section F-4 on a case-by-case basis prior to a ship entering the newly designated ROS, and will be based on mission specific requirements.

1.1.3 Operational Control (OPCON). Operational Control will be exercised by the Operational Commander.

The ships are projected to operate in the worldwide service generally under the ultimate operational control of USFF (Fleet Forces Command), COMPACFLT, COMNAVEUR, COMUSNAVCENT or USTRANSCOM. Each operational mission will be the subject of a classified Operational Order (OPORD) or Sailing Order (SAILORD) that specifies exactly how the mission will be accomplished.

Delay of the ship or diversion from operations will be reported immediately to the Operational Commander.

1.1.4 Area of Operations. It is intended for the ships to be layberthed at sites on the East, West and Gulf

Coasts of the United States. The ships, however, may be sited worldwide. The ships are designed for extended, independent underway operations in remote geographic areas; therefore, self-sufficiency in operations and maintenance is an important mission objective.

1.1.4.1 Marine Corps LMSR Area of Operations (LOT 1 ONLY). The Marine Corps LMSR area of operations will be in the Western Pacific & Indian Ocean. However, the Government reserves the right to utilize these ships in additional locations under additional programs or missions. Normally, Prepositioning Squadron ships with cargo stowed onboard will return to CONUS approximately every three (3) years for maintenance of cargo and ship overhaul. These particular ships’ cargo is designed for extended, independent underway operations in remote geographic locations.

1.1.5 Layberths. The Government will require the Contractor to solicit the services of a layberth facility. If the Government does require such a solicitation, all desired salient characteristics of the layberth will be communicated to the Contractor and all requirements for the facility subcontract will be jointly developed with both the Government and the Contractor providing input.

1.1.5.1 Berthing and Shore Services. The Contractor shall arrange for berthing and shore services, when directed by the Contracting Officer. Shore services include, but are not limited to, potable water, shore electrical power, trash and garbage removal, oily waste removal, sewage removal, and line handlers. The Government will reimburse the Contractor for the cost of those berthing and shore services.

1.1.6 Operating Tempo (OPTEMPO). ROS-5 OPTEMPO will normally consist of approximately 95% in port and 5% underway per ship; however, operational commitments may require deviation from this schedule.

At a minimum, the Contractor can anticipate one (1) dock trial every year and one (1) sea trial at a minimum of every 30 months. No notice trials may be conducted by the Government at any time, including after hours, weekends and Federal Holidays, to monitor the Contractor’s ability to transition the ships from ROS-5 to FOS status within the 120-hour period. At any time during the life of the contract, any or all of the ships may be placed in FOS in order to support military operations and exercises, or to support national emergency requirements. Ships placed in FOS are subject to deployment for indefinite periods of time.

1.1.6.1 Marine Corps LMSR Operating Tempo (OPTEMPO) (LOT 1 Only). It is estimated that, while on-station in prepositioning status, any Marine Corps LMSR will be underway 8% of the time and at anchor or pierside 92% of the time. When anchored or pierside, it is anticipated the ship will remain in FOS.

Underway periods shall consist of, but not be limited to, independent steaming, convoy operations, and transits to/from selected ports for vessel and cargo maintenance or for the loading/discharging of cargo.

The ship will return to CONUS approximately 36 months after loadout for maintenance of cargo and ship overhaul and then return to the prepositioning site. The Government reserves the right to place ships into ROS status at any time.

1.1.6.2 Increased Costs During Increased OPTEMPO. No Government representations herein with respect to the expected operating tempo of the ships shall give rise to Government responsibility or liability for any increased costs associated with or caused by any increase or decrease in operating tempo beyond what has been forecast by the Government or by the Contractor. The Contractor hereby assumes all risks for increased costs associated with any change in anticipated operating tempo of the ships, whether or not such anticipated operating tempo is a result of representations made by the Government herein or elsewhere.

1.1.7 Weather Operations.

1.1.7.1 Weather Information and Ship Routing. The Naval Oceanography Centers will provide Optimum Track

Ship Routing (OTSR) for the Surge LMSR ships in accordance with COMSCINST 3121.9 (series) and NAVMETOCCOMINST 3140.1 (series). Routes assigned by the OTSR program are in the form of recommendations to the ship's Master. The Contractor shall ensure ship Masters request OTSR program routes during severe and destructive weather conditions. Notification calls from the cognizant MSC Area Command or COMSC will be considered the same as receiving formal notification via naval message including Optimum Track Ship Routing (OTSR).

1.1.7.2 Severe and Destructive Weather Plan. The Severe and Destructive Weather Plan identifies those measures to be taken by the crew to prepare the LMSR for severe weather, to include getting underway in 72 hours or less and in accordance with USCG Certificate of Inspections (COI) Manning. The Contractor shall maintain and implement the Severe and Destructive Weather Plan in accordance with Operational Commander’s guidelines COMSCINST 3121.9 (series) and COMSCLANT INST 3141.1 (series). When a hurricane condition is set in the Area of Operations (AOR), and the ship is inport or underway within the storm-related area, the ship shall submit an initial hurricane status report within one (1) hour of notification of the condition being set. In addition, the ship shall request Optimum Track Ship Routing (OTSR) in accordance with Section C-1.1.7.1. Notification calls from the cognizant MSC Area Command or COMSC will be considered the same as receiving formal notification via naval message.

1.1.8 Administrative Control (ADCON). Administrative control will be exercised by the Military Sealift

Command Strategic Sealift Program Office.

1.1.9 Port Services. The Government will furnish port services or reimburse the Contractor for actual costs of port services in accordance with G-8. Port services include tugs, pilots, berthing, potable water, feed water, shore power, spill-booms, docking, trash and garbage removal, oily waste removal, sewage removal, hazardous materials removal, line handlers, communications expenses for embarked military and sponsor personnel, and launch services. When Government port service contracts are in place, the Contractor shall utilize these contracts prior to using commercial sources. The Contractor shall exercise due diligence to obtain the most fair and reasonable port services, and shall notify the Contracting Officer if such charges appear excessive prior to the ship entering port. As a part of the budgeted amount for port services, the Government shall reimburse canal tolls, port/local dues and taxes (provided the Contractor exercises due diligence in seeking on behalf of the Government immunity from such dues and taxes), entering/leaving port fees, customs broker fees, ballasting or shifting berths pursuant to Government orders and any other similar port charges for ports visited at the Government's direction.

The Contractor shall submit separate invoices for each port call, along with the supporting documentation. The Government will not reimburse the Contractor for expenses incurred by the Contractor for services rendered for the convenience of the ship, its crew, or in connection with the Contractor's business such as the fees of underwriters. Fumigation/Pest Control will be not be reimbursable, unless prior authorization is received from the COR. The Government will reimburse the Contractor up to $150.00 per port call for postage and petty expenses (including courier service and photocopying).

1.1.10 Reserved.

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

1.1.12 Husbanding Agent Appointment. The Government shall reimburse the Contractor, in accordance with

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

1.1.13 Helicopter Operations- Lot 1 Marine Corp. At the Government’s direction, aboard air-capable ships, the

Contractor shall meet all requirements to acquire and maintain the Aviation Facilities Certification for FOS and shall operate, maintain and man the ship helicopter flight deck in accordance with the NAVAIR 00-08R-14 and all other applicable Navy, NAVAIR and MSC instructions for day and night helicopter operations. During periods where the Government has directed the Contractor to support helicopter operations, the Contractor will be obligated to provide fully trained crew members joining the ship, to include a Helicopter Control Officer (HCO) and Landing Signal Person (LSE) and a ten-man helo firefighting (Helo FF) team in flight deck operations. The additional costs of training in support of this requirement (i.e., HCO, LSE, Helo FF) will be included in the contractor’s fixed rate in accordance with Section G-7.

1.1.14 Mail. The ships will be assigned Navy Fleet Post Office (FPO) addresses, and forwarding services. Mail forwarding services will be provided by the Government through the appropriate Government Joint Military Postal Activity and the U.S. Postal Service in accordance with COMSCINST 3121.9 (series).

The Contractor shall ensure each ship transmits via Navy message an updated Mail Routing Information (MRI) message and a Cargo Routing or Fleet Freight Forwarding Information message to allow mailings to be properly forwarded. See Section 15.22 of the Surge LMSR Technical Manual for additional instructions on properly informing DOD mail and cargo forwarding services of the ship location. The Contractor shall pickup, deliver and/or forward any correspondence and parcels with respect to this contract on a daily basis.

1.1.15 Ship Operations General. The Contractor shall operate the ships and related ship systems and equipment in accordance with United States Coast Guard (USCG) and the American Bureau of Shipping (ABS) rules and regulations. Operations will include roll-on/roll-off and lift-on/lift-off operations pierside or offshore. Underway operations may vary from routine transits to participation as a member of a naval task force. The Contractor shall operate the ships to support all MSC and Navy requirements, and in accordance with U.S. Coast Guard regulations, unless exempted. The Contractor shall maintain each ship in good working order and condition.

Sovereign Immunity. The Master, while performing ship operations, shall advise foreign authorities that each USNS vessel under this contract is a sovereign immune vessel of the United States. These privileges include immunity from arrest or search (whether in foreign internal or territorial waters, or in international waters), immunity from foreign taxation, exemption from any foreign state regulation requiring flying the flag of such foreign state either in its ports or while passing through its territorial sea, and entitlement to exercise exclusive control over persons on board such vessels with respect to acts performed on board. The Contractor shall observe all guidelines found in ALMSC 020/06 and 026/09 Sovereign Immunity Guidelines for MSC Masters, which they will receive upon award.

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

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

1.1.15.1 Ships in ROS-5. Until ordered otherwise, the ships will remain in five-day Reduced Operating Status referred to as "ROS-5". The Contractor shall maintain the ships in a degree of readiness that will enable the Contractor to transition to FOS, and be fully operational within 5 days (120 hours). The Contractor will be directed to transition the ship from ROS to FOS as described in Section C-1.1.15.4. During ROS, the Contractor shall:

Advise ROS crew members that duties aboard a ROS ship will differ significantly from standard mariner operations. Although officers in FOS have large administrative workloads, ROS status requires “hands-on” work that may not normally be associated with sea going (FOS) ships. ROS crews will be expected to comply with, but will not be limited to these general guidelines:

General care and custody of the ship, including tending mooring arrangements and shore power cables, when fitted.

Develop familiarity with shipboard equipment and systems.

Operate, maintain and repair as necessary shipboard equipment and systems, including all associated documentation.

Perform all maintenance listed in the Shipboard Automated Maintenance Module (SAMM) except as specifically delineated as Government responsible (Section 06 of the Surge LMSR Technical Manual) and described in Section C-2. In this context maintenance includes regulatory body inspections, manufacturer's tests, corrective maintenance and repairs.

Comply with applicable Federal rules and regulations as may pertain to ships in ROS.

Be available and participate in inspections, audits and status checks as may be required by this contract and associated with ROS ships.

Inform/report on status of ships systems or equipment which may require additional repairs or upgrades.

Provide onboard an ROS crew familiar with the ship's operating systems. The crew assigned to the ships when transition is ordered by the Government will remain onboard until the prescribed level of FOS is met. The ROS crew shall sail with the ships. This does not preclude routine rotation of ROS crewmembers with qualified replacements.

Provide for ship safety and security as described in COMSCINST 5530.3 (series) and COMSCINST

3121.9 (series).

Maintain all logs, charts, records and reports listed in Section 3 of the Surge LMSR Technical.

Manual.

Ship Smartness. The Contractor shall maintain the entire ship in a material condition that is consistent with and conforms to MSC's Standards of Appearance as specified by COMSCINST

3120.16 (series), except that the Contractor’s obligation in this regard shall not cause the Contractor to exceed the budget and prioritization parameters set forth under the Maintenance and Repair Budget & Prioritization Schedule (Section 06 of the Surge LMSR Technical Manual). The Contractor shall institute a continuous program of ship cleanliness, preservation and maintenance as set forth in Section C-2, Section 06 of the Surge LMSR Technical Manual, and COMSCINST

3120.16 (series). COR will periodically conduct inspections to ensure ship smartness is being maintained to the maximum extent possible within the budget and prioritization parameters (Section 06 of The Surge LMSR Technical Manual). During exercises it may be difficult to maintain the standard set forth in this Section; however, once the ship arrives at the layberth, the Contractor shall ensure the ship's appearance is brought back to these standards.

Work Rules for ROS positions. The Contractor shall advise ROS crewmembers that many shipboard duties and responsibilities do not fall under standard seafaring conditions. Due to size and composition of ROS crews, there will be times when ship personnel shall be expected to cross normal departmental boundaries. Such work will include, but shall not be limited to:

Secure ship in prevailing weather conditions.

Assure the safety and security of the ship.

Keep watch on and adjust gangway or double up mooring lines.

Take on and stow ship stores/parts.

Operate equipment for storing/testing.

Housekeeping such as maintaining cleanliness and sanitation.

Being prepared to participate as part of familiarization or sailing crew.

1.1.15.2 Ships Transitioning from ROS-5 to FOS. Full Operational Status will be ordered by COMSC (including the PM3 Surge Project Officer or the COR). The movement of ships while in FOS will normally be directed by the cognizant MSC Area Command.

1.1.15.3 Transition Period. During the transition period, the newly assigned crewmembers will be properly indoctrinated by the Contractor concerning the ships' operation and mission as specified in Section C-1.

The Contractor shall ensure that consumable stores and provisions sufficient for the intended voyage are onboard the ships. When directed by the Government (COMSCINST 3121.9 (series), the Contractor shall arrange for bunkers. The ships shall be prepared to get underway by the Contractor in order to depart their layberths at the end of the 120-hour period. The ships will then proceed to the ports of embarkation in order to complete the load out of cargo and equipment. During the transition period (ROS or RAV to FOS) the Contractor will continue to receive the contracted ROS or RAV per diem rate, whichever applies until FOS is achieved. The cost to transition from ROS-5 to FOS and return and from ROS-5 to RAV and return will be reimbursed. Properly includable transition costs include, but are not limited to, additional crew wages, crew transportation costs, messing and berthing if applicable, and other costs (e.g. fuel, tugs, pilots, etc.).

1.1.15.4 Transition Plan. The Contractor shall prepare a detailed transition plan (ROS-5 to FOS) based on

Section 28 of the Surge LMSR Technical Manual (Checklist for Transition from ROS-5 to FOS) for approval by the Government prior to contract turnover. The Contractor shall maintain the transition plan and shall provide copies, updates, and changes to the COR. The transition plan shall incorporate the requirements of Section 28 of the Surge LMSR Technical Manual to ensure that the ships will be fully ready for sea within the 120-hour transition period. Completed checklists from Section 28 of the Surge LMSR Technical shall be submitted to the COR for use in determining that FOS has been attained. The Contractor shall submit to the COR a crew list of all positions manned during ROS indicating whether the positions are being filled with permanent or replacement personnel.

1.1.15.5 Ships in Full Operating Status (FOS). The Contractor shall operate each ship in FOS in a safe and professional manner, and sail with a full crew. The Contractor is responsible for complying with operational schedules and other such mission tasking issued by COMSC or the operational commander (normally the appropriate MSC Area Command). The Contractor shall maintain each ship and its installed equipment in good working order. During FOS, the MSC Area Commander or another operational commander may provide the ships with specific courses/speeds, restricted zone routings or similar information for the safety of the ships based on intelligence reports or other information not readily available to the ship. If the Contractor is unable to comply with these orders because the Master determines it jeopardizes the safety of the ship, the Master must advise the operational commander within one hour, by immediate precedence message, of the Contractor's intended actions and reasons for not accepting the direction. The Master shall enforce all laws of the United States and all applicable rules and regulations of the USCG and Military Sealift Command. In case of emergency, nothing in this contract shall be construed as preventing the Master from taking the most effective action to safeguard life, property and the ship. The Master will have authority to abort operations temporarily on the basis of clear and present danger to life at sea. The Master shall inform the Operational Commander with an information copy to COMSC and the cognizant MSC Area Commander as soon as practicable after exercising this authority.

1.1.15.6 Standard Operating Manual (SOM). The SOM, COMSCINST 3121.9 (series), is the primary MSC instruction that addresses the unique mission of the MSC fleet and is applicable to the subject ships.