Released_Solicitation_N32205-16-R-3000_Amendment_0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Please see attached

1. CONTRACT ID CODE PAGE OF PAGES

1 81

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 13-Jul-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N32205-16-R-3000

X 9B. DATED (SEE ITEM 11)

28-Jun-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

13-Jul-2016

CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-64 NAVAL STATI

NORFOLK VA 23511-2419

N32205 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N32205-16-R-3000

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

AMENDMENT 0003

The purpose of this amendment is to:

1. Extend the closing date of the RFP to 01 August 2016

2. Add provision 252.204-7013

3. Delete duplicate FAR 52.225-20 that was incorporated by reference

4. Update provision 252.225-7013 from version NOV 2014 to MAY 2016

5. Delete DFARs 252.227-7017

6. Amend C-1.1.5, C-1.1.5.1, C-1.7.2.1, C-1.7.2.1.1, C-1.7.2.2, C-1.7.8, 1.8.6, 1.8.7 and C-3.7.3

7. Add C-1.7.2.1.3

8. Renumber paragraphs C-1.8.5-1.8.6

9. Amend L-12

10. Revise L-14(A)(10)

11. Revise L-14(I)(A)(3)

12. Revise L-14(II)(A)(1)

13. Amend reference in L-14 (I)(D)

14. Amend NOTE at the end of L-14(IV)

15. Amend M-1(B)(1)(c)

16. Amend M-1(B)(4)

17. Amend M-1(E)(1)(a)

18. Revise Attachment A- Section 03.1.4 and Section 23

19. Revise Attachment B

20. Revise Attachment K

21. Revise Attachment O

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 22-Jul-2016 04:00 PM to 01-Aug-2016 04:00 PM.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

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 familiarizat ion 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. It 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 instruction’s content. In cases where the SOM and this contract conflict, provisions of this contract shall take precedence.

1.1.15.7 Emergency Sorties. Emergency sorties may be required to avoid severe or dangerous weather such as hurricanes or at any time the Government determines such a sortie is appropriate. The Contractor will provide as a minimum such crewmembers as the U.S. Coast Guard may require to go to sea. It is not intended that a ship will be able to work cargo or otherwise be fully mission ready upon emergency sortie. If necessary, the Contractor shall obtain a permit to proceed from the cognizant USCG authority (e.g. Captain of the Port (COTP) or Officer in Charge of Marine Inspection (OCMI)). Emergency sorties shall be performed at the discretion of the Government and as directed by the cognizant MSC Area

Command.

1.1.15.7.1 Emergency Sortie Costs. Emergency sorties will be conducted within the ROS-5/RAV per diem. The

Contractor will not be entitled to FOS per diem until such time the ship is underway, at which time FOS per diem will be paid, less any crew deductions for less than full FOS manning. The Government shall reimburse the Contractor for additional personnel costs which are incurred as a result of having to hire crew members in excess of the number of crew members set forth in the Contract for ROS-5 or RAV.

The Contractor will be reimbursed these additional personnel costs, including travel expenses, if reasonable and if actually incurred during the emergency sortie. In no event shall the Contractor be reimbursed for indirect costs, overhead or profit associated with this emergency sortie costs.

1.1.15.7.2 Sortie with FOS. If the Contractor obtains sufficient crew and is directed by the COR to transition to

FOS prior to sortie so as to continue on to a mission or conduct a full sea trial, then normal transition fee and FOS per diem will be paid.

1.1.15.8 Sea Trials. Sea trials will be conducted in accordance with a schedule established by the COR as directed and approved by the Surge Project Office. Sea Trials are conducted at a minimum of every 30 months to assess ship's operational readiness, determine operating condition of all machinery, equipment and systems, and to train crewmembers (Section 29 of the Surge LMSR Technical Manual).

1.1.15.9 Casualty, Incident, Injury and Weekly Status Reporting. The Contractor shall ensure all casualties, incidents and injuries (or death) are reported in accordance with the requirements of COMSCINST

3121.9 (series) and format of NWP 1-03.1:

• Casualty Report (CASREP). Machinery, hull or equipment casualties shall be reported in the Navy standard format of a Casualty Report (CASREP) in accordance with NWP 1-03.1. The Navy message format reports shall consist of the initial CASREP, and shall be followed by updates and a final correction (CASCOR) of the casualty. If a casualty is mission degrading, it must be reported within 12 hours of occurrence. If a casualty is not mission degrading but cannot be corrected within 48 hours, it must be reported not later than 24 hours after the occurrence. In accordance with COMSCINST 3121.9 (series), CASREP reports shall be included in a Defense Readiness Report System for Navy vessels (DRRS-N), established by NTRP 1-03.5, to assess a unit's ability to accomplish their assigned mission(s) and essential tasks associated with those missions. The Government may direct the Contractor to perform a formal Root Cause Analysis (RCA). The costs of such RCA will be reimbursable if an outside firm is utilized with prior Contracting Officer approval.

• Special Incident Reporting. Reporting of all accidents or occurrences resulting in damage by or to the ship, gear or cargo, or injury, or loss of life shall be issued in accordance with COMSCINST

3121.9 (series). This includes among other things, collision, stranding, grounding, foundering, heavy weather damage, fire, explosion, failure of gear and equipment, and any other damage affecting the seaworthiness of the ship. The Contractor shall inform the U. S. Coast Guard of such occurrences in accordance with USCG regulations (e.g. USCG form 2692).

• Marine Casualty Investigations. The current MSC/USCG Memorandum of Agreement (MOA) requires the Contractor to report all marine casualties in accordance with 46 CFR 97. The Coast Guard may decide to investigate casualties meeting these reporting requirements. The Contractor shall provide the Contracting Officer, COR, and ABS with the USCG Casualty Investigation Report, including all correspondence regarding any marine casualty investigation.

• Weekly Ship Status Report. Each Contractor shall submit a weekly summary to PM3 by email containing each ship’s status addressing the following:

1. Key Billet Names and proposed turnover dates

2. Status/Schedule

3. Fuel State

4. Info on significant CASREPs

5. Repairs scheduled

6. Significant issues

7. Upcoming events

8. SAAR-N status of crew

1.1.15.10 Marine Corps LMSR Helicopter Operations (LOT 1 Only). The Contractor shall operate, maintain and man the ship helicopter flight decks in accordance with NAVAIR 00-80R-14 and all other applicable, Navy, NAVAIR and MSC instructions for day and night helicopter operations. See Section C-1.8.6.1 (Helicopter Ops) for manning and training requirements.

1.1.15.10.1 Marine Corps LMSR Aviation Facilities Certification (LOT 1 Only). The Contractor shall meet all requirements to acquire and maintain the Aviation Facilities Certifications. Aviation Facility surveys and inspections shall be arranged by the Contractor in accordance with NAVAIR 00-80R-14 and all other applicable Navy, NAVAIR, and MSC instructions.

1.1.15.11 Marine Corps LMSR Design Speed Trials (LOT 1 Only). Contractor shall conduct speed trials on a regular basis to demonstrate that the ship is able to obtain warranted-design speed. Speed trials are to be conducted (1) Every six months; (2) First opportunity following hull cleaning or propeller polishing; or

(3) When directed by Numbered Fleet Commander, Squadron Commander, or MSC. The Contractor shall submit the template provided in Section 3.1.2 of the Surge LMSR Technical Manual (Item A022) to the Squadron Commander and MSC PM3 upon completion of trials.

1.1.15.12 Diving Operations. The Contractor shall request the approval of the Contracting Officer Representative (COR) prior to conducting diving operations.

1.1.16 Cargo.

1.1.16.1 Cargo Composition. The ships shall be used to carry cargo including, but not limited to, DOD unit equipment, personnel, ISO containers, and vehicles for support of U.S. Military forces to enhance rapid deployment or in other transportation or prepositioning services as directed by the Government.

1.1.16.2 Hazardous Cargo. The Government (except as to matters affecting the stability and seaworthiness of the ships) shall be responsible for proper loading, stowage, maintenance and discharge of goods of a flammable, explosive or dangerous nature, and shall comply with all applicable regulations and furnish any necessary fittings.

1.1.16.3 Explosives Handling. Explosives/ammunition (including pyrotechnics) shall be stowed and handled in accordance with USCG regulation, 49 CFR parts 171 through 176, and applicable Navy requirements set forth in OPNAVINST 8023.2C, U.S. Navy Explosives Safety Policies, Requirements, and Procedures, OP 1810, Ordinance Equipment Handling and Shipping Instruction, OP 3347, U.S. Navy Ordinance Safety Precautions, and NAVSEA OP 3221, Loading and Stowage of Military Ammunition and Explosives Aboard Break bulk Merchant Ships.

1.1.16.3.1 Ammo Bonus. 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.

1.1.16.3.2 Marine Corps LMSR Ammo Bonus (LOT 1 Only). The Contractor shall assume ships on Marine Corps Prepositioning duty will upload sufficient quantities of ammunition/explosive material to pay the crew a required “explosives bonus” and shall include such ammo bonus costs in the fixed daily rate during such duty assignment.

1.1.16.4 Waivers, Exemptions and Permits. The Military Sealift Command or other Government agencies will obtain all necessary USCG waivers, exemptions and DOT special permits with regard to the dangerous cargo.

1.1.16.5 Receipt for Cargo. If required, the Government shall prepare a manifest that shall list the cargo loaded on the ship. The Master shall sign this manifest in acknowledgment of the receipt of cargo said to have been loaded by the Government without responsibility as to quantities, mixture, mark, number of vehicles, packages, weights, etc., or the apparent condition of the cargo, it being understood that it is the Government's responsibility to tally the cargo and to check the condition thereof upon loading and discharging. Any receipt signed by or on behalf of the Master or agent(s) appointed by the Contractor shall be without prejudice to the terms and conditions and exceptions of this Contract and subject to all of them. Notwithstanding this statement, it is the Master's responsibility to examine furnished names, especially a hazardous cargo manifest and to insert the correction when found deficient. The Contractor shall keep copies of cargo manifests on board for a period of three years.

1.1.16.6 Master's Supervision Responsibility. The Master, under U.S. Coast Guard regulations, is responsible for the safety of the crew and the ship, and, therefore, has a responsibility to ensure that cargo operations are conducted in accordance with those regulations. Cargo shall be loaded, stowed, trimmed, secured and discharged by the Government under the Master's supervision; the Master shall be responsible for such activity as it pertains to the safety and seaworthiness of the ship.

1.1.16.7 Lost/Damaged Cargo. The Contractor shall generally not be liable for the cost of repairing or replacing cargo that is damaged or lost. However, the Contractor is not relieved of other liability, obligations or consequences, if any, imposed by other clauses of this Contract, as listed in Section I, if the cargo is lost or damaged due to the Contractor's failure to properly perform its obligations under this Contract or due to Contractor’s negligence.

1.1.16.8 Preparation for Cargo Operations – Cranes/Ramps/AC-DH Specifications. In preparing a ship for commencement of cargo operation, only qualified crewmembers will operate ship's cranes to position sideport ramps and platforms, to lift/set hatch covers, and lower position ramps. Any overtime required for these functions is reimbursable with prior approval by the COR provided that funding is available on the contract. The Contractor shall insure the cargo hold climate control systems as required to maintain compliance with required temperature and humidity limits for prepositioning cargo. Section 17 of the Surge LMSR Technical Manual contains temperature and humidity specifications and reporting requirements.

1.1.17 Cargo Handling Equipment.

1.1.17.1 Cranes, Ramps and Sideport Platforms. The Contractor shall operate and maintain the installed cranes, ramps and platforms in appropriate ABS class and ensure safe operating conditions and peak efficiency.

Cranes shall be operated and maintained in accordance with ABS Cargo Registry requirements.

1.1.17.2 Material Handling Equipment (MHE). The Contractor shall operate and maintain the MHE such as forklifts, container lift trucks and man lifts in accordance with the manufacturer's instructions and safety guidelines.

1.1.17.3 Exposed Hydraulic Hoses. All stern ramp and side platform hydraulic hoses that are in close proximity to shipside and are exposed to the environment, and whose failure could lead to the discharge of oil into the water, shall be replaced every five years. Apparent integrity of these specific hoses shall not preclude their replacement.

1.1.18 Loading and Discharging.

1.1.18.1 Safe Berth. The cargo or cargoes shall be laden and discharged at any dock or any wharf, place or open roadstead that the Government may direct, provided the ship can lie always safely afloat at any time of tide. If the Government directs the ship and the ship is damaged as a direct result thereof and through no fault of the Contractor, Master, crew or pilot or error of navigation, the repairs and time lost shall be for the Government's account.

1.1.18.2 Stevedoring Costs. The Government shall pay all expenses directly connected with the loading and discharging of the cargo including broom sweep of all decks to clear loose debris, stevedoring, wharfage, clerking and tallying, winchmen, heavy lifts, dumping, stowage, securing and trimming, and removal of strongbacks. Unless otherwise provided herein, the Government shall provide necessary dunnage, shifting boards and any extra fittings or material requisite for special trade or unusual cargoes. If the Government elects to remove dunnage and fittings placed on board, the cost of removal and discharge shall be borne by the Government. Any additional cleaning required to meet standards of appearance, including clover leafs, mechanical damage to paint system, and repairs will be handled in accordance with Section 06 and 07 of the Surge LMSR Technical Manual.

1.1.18.3 Simultaneous Cargo Operations. The Contractor shall provide sufficient power to operate all the ship's cargo gear simultaneously. The ship shall work night and day, if required by the Government, local custom to the contrary notwithstanding. The Contractor shall provide sufficient deck personnel to adequately supervise cargo operations taking place simultaneously throughout the ship around the clock.

Any overtime required for these functions is reimbursable with prior approval by the COR provided that funding is available on the contract.

1.1.18.3.1 Logistics-Over-The-Shore (LOTS). LOTS operations consist of simultaneous cargo operations which take place in-stream utilizing lighterage, and are of varying duration. The Contractor shall provide sufficient deck personnel to adequately supervise cargo operations throughout the ship around the clock as may be required during LOTS operations. The Government shall reimburse the Contractor for actual crew overtime expenses accrued during LOTS operations.

1.1.18.4 Notice of Damage to Ship. If not reported as a CASREP per the Surge LMSR Technical manual or as required in Section C-1.1.15.9, the Contractor shall report all damage to the ship and its gear to the Surge Project Office and the COR within 24 hours after discovery of the damage and shall assist the Government in documenting and investigating any occurrence, especially when third parties are involved.

1.1.18.5 Lighterage. Lighterage, if any, will be at the risk and expense of the Government.

1.1.18.6 Stevedore Detention. If the Contractor's failure to keep the ships in a thoroughly efficient state of seaworthiness relating to the hull, machinery, equipment, personnel, and other particulars relating to the working of the ships, results in costs for stevedore detention or standby time in connection with the loading or discharging of cargo, such costs shall be for the account of the Contractor; provided, however, the Contractor shall not be liable for such costs unless the period of detention or standby exceeds one hour. The Government, within 24 hours after the period of detention or standby commences, shall give the Contractor or its representative written notice of the detention or standby time.

1.1.18.7 Operation of Ship's Gear by Crew. The Contractor or Master shall assign competent and qualified members of the ship's crew, to the extent permitted by other ship-board duties and the safety of the ship, to operate the ship's cargo handling equipment and gear, including but not limited to the cranes, ramps, forklifts and container lift trucks. Examples include, but are not limited to: a) preparation for cargo operations, b) shifting operations at berths, c) connect/disconnect of shore services, d) occasions when ship’s equipment is loaned to other ships of the MSC fleet and e) loading and discharging operations at ports where stevedoring service may not be available and the Contractor has been directed by the Contracting Officer to perform stevedoring work.

1.1.18.8 Stevedore Services. The Contractor from time to time, in areas where Government provided stevedoring services are not available, may be directed by the Contracting Officer to subcontract, on a reimbursable basis, for stevedoring services for load or discharge of ships at port(s) designated by the Government.

The Government shall notify the Contractor of a requirement to subcontract for stevedoring services as soon as possible prior to the ship(s) arrival at the designated port or ports. Said notices shall be verified in writing and shall specify the port, arrival date, and description of cargo to be handled (specifying all explosives or hazardous cargo) and such other information as necessary or appropriate for the Contractor to arrange for the requested services. The Government shall reimburse the Contractor for all cargo handling and related costs following submission of properly certified invoices supported in accordance with applicable billing instructions and Section G. In the event that said receipts are not available, a copy of the canceled check or bank wire transfer may be submitted in lieu of the receipt. Reimbursement shall be limited to expenditures actually made by the Contractor, its agents or sub-agents for such cargo handling and related expenses.

1.1.18.8.1 Stevedore Damage. Damage incurred to a ship or its equipment during load or discharge operations caused by the negligence of Government provided Stevedore Contractors in performing the Government’s duties of loading and discharging the ship, or in preparation for loading or discharging, shall be repaired at the Government’s expense. The Contractor shall report this damage on MSCLANT Form 5880/1 (series) to the local MSC Representative on scene. The Contractor shall inform the parties responsible for the damage as soon as possible, preferably during the same working shift. The Contractor shall forward the Damage Report to the Contracting Officer clearly identifying whether the damage was caused by Government Stevedore Contractors or Government personnel, and shall provide additional investigative assistance when directed by the Contracting Officer. Upon approval, the Contractor shall take necessary action to correct the stevedore damage and will be reimbursed in accordance with G-7.

1.1.19 Vehicle Lashing Assemblies (VLA) and Cargo Securing Equipment (CSE) Accountability. At contract turnover, each ship, as applicable, shall be provided Vehicle Lashing Assemblies (VLA) and Cargo Securing Equipment (CSE) for mission accomplishment. The Contractor shall establish processes in their Property Control Plan/System for control and inventory of VLA and CSE during the performance of the Contract, and any loss or damage shall be accounted for using of DoD Form 200 (Financial Liability Investigation of Property Loss). The Contractor shall return all VLA and CSE, at the end of the contract in accordance with the Government Property Clause FAR 52.245-1 (h)(i). The VLA and CSE returned shall be serviceable and of like quality, kind and quantity as that which was provided by the Government at the beginning of the contract performance period plus any additional VLA and CSE that was provided by the Government during the contract period. Repair and replacement of VLA and CSE which have been properly accounted for will be reimbursed in accordance with the Government Property Clause FAR 52.245-1 (h)(i) and Section 15.20 of the Surge LMSR Technical Manual.

1.1.20 Vehicle Lashing Assembly and Cargo Securing Equipment Stowage. The Cargo Securing Equipment will be stowed as defined by the ships Official Government Property Baseline Inventory Records. Repair and replacement of VLA's and CSE's will be reimbursable in accordance with Section 15.11 of the Surge LMSR Technical Manual.