N32205-16-R-3414_(UUV_SoCaL).pdf

SEE ADDENDUM

(No Collect Calls)

N32205-16-R-3414 29-Jul-2016

b. TELEPHONE NUMBER

(757) 443-1473

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 03 Aug 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N322059. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MICHAEL PEROHA

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MILITARY SEALIFT COMMAND NORFOLK

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

NORFOLK VA 23511-2419

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

500emp

NAICS:

483111

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF81

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N32205-16-R-3414

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Charter Hire

FFP

FOB: Destination

NET AMT

Reimbursable Costs

Mobilization Costs

Demobilization Costs

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government

PERFORMANCE WORK STATEMENT

NOTES ON CONTRACT

INVOICE INSTRUCTIONS

See clause 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) and the MSC Specific WAWF Instructions provided below as a supplement to 252.232-7003.

The SCHEDULE of Supplies and Services follows as the CLINS and the Performance Work Statement.

BOXES

B-1 BOX FORMAT

Vessel(s):

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

Solicitation Number (date):

Contract Number (date):

N32205-16-C-3414

1. Vessel Required:

See RFP PWS

2. Place/Range of Delivery:

NASNI, San Diego, CA

3. Place/Range of Redelivery:

NASNI, San Diego, CA

4. Charter Period 30 September 2016 to on/about 21 October 2016 (about

22 days)

5. Lay Days:

30 September 2016 at 0700hrs

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

7. Vessel/Flag/Year Built: 8. Proposal Firm Until:

THE OFFER IS FIRM UNTIL AN AWARD IS MADE

UNLESS WITHDRAWN.

9. Amendments Acknowledged (amendment numbers and dates)

10. Owner (style, address, phone, cell phone, pager, e-mail, fax)

11. Broker (address, phone, e-mail, fax)

12. Remittance address for hire (if other than box 10)

13. - 17. RESERVED

PER DIEM RATES

FIRM PERIOD

FULL OPERATIONAL STATUS

RATES

18A. USD per diem

21. Reserved

22. Other Costs:

LAYDAYS PROPOSED

23. Laydays Proposed:

24. Estimated Readiness Date:

PERFORMANCE WORK STATEMENT

UNMANNED UNDERWATER VEHICLE (UUV) PERFORMANCE WORK STATEMENT

1. GENERAL. The Military Sealift Command (MSC) requests a launch and recovery platform for a large diameter autonomous unmanned underwater vehicle (UUV). The contractor shall provide operational and logistic support services by providing a U.S. flag crane barge, U.S. flag tugboat, U.S. flag berthing and Command and Control (C2) facilities, and two small U.S. flag RHIBs for the transit, deployment, and recovery of the UUV and related support equipment. The barge and tug shall act as the deployment and recovery vessels for the exercise and act as an exercise support platform. The RHIBs will aid in maneuvering the UUV. The barge will also provide power to replenish the UUV. All work in this task will be performed at NAS North Island (NASNI) and on the Southern California Offshore Range (SCORE) for exercise support.

2. AREA OF OPERATIONS: Operations shall be conducted at Naval Air Station North Island (NASNI), San Diego CA, San Clemente Island (SCI) CA, and on the Southern California Offshore Range (SCORE) for exercise support.

3. PERIOD OF PERFORMANCE: 30 September 2016 to on/about 21 October 2016 (about 22 days)

4. DELIVERY: NASNI, San Diego, CA

5. REDELIVERY: NASNI, San Diego, CA.

6. LAYDAYS: 30 SEP 2016 at 0700 Hours

7. EXPERIENCE: Contractor shall be experienced in rigging and handling large diameter UUVs at sea. The contractor shall provide the appropriate number of qualified personnel (supervisor, riggers, boat operators, line handlers, crane operators, welders, etc.) to safely conduct all aspects of mobilization, transportation, deployment, recovery, and demobilization of the UUV and associated support equipment

8. GFE: This is a notional list of the equipment the government intends to employ during the operation.

MSDS sheets will be provided.

a. (1) UUV (78’x 12’x 16’; Weight: 141,000 lbs.); see attachment A for UUV drawing; Battery-powered vehicle N.O.S UN3171

b. (1) UUV Cradle (80’x 15’x 10’; Weight: 50,000 lbs.); see attachment A for UUV drawing;

c. (1) Air compressor (6’ x 3 ’x 3’; Weight: 800 lbs)

d. (2) CONEX Office Container (20’ x 8’ x 8’; Weight: 17,000 lbs)

e. (1) ISU-90 container (8’ x 8’ x 8’; Weight 5000 lbs)(MSDS sheets will be provided for the contents); and

f. (3) Standard pallets (4’ x 4’ x 5’; Weight: 2,000 lbs) per pallet, non-stackable)

9. PORT SERVICES: The Government will arrange for mooring at NASNI. Port Services will be unavailable at San Clemente Island.

10. VESSEL CHARACTERISTICS:

CRANE BARGE:

CHARACTERISTIC

MINIMUM

CHARACTERISTIC

MINIMUM

Flag US Flag Vessel

Lay Days 30 SEP at 0700 Hours Vessel Certifications All vessels must meet all federal, state, and local regulations for the operations they will be conducting, including having a coastwise endorsement and COI as appropriate.

Lifting Device Certifications

All lifting devices must be maintained and inspected by a recognized authority (OSHA, NAVFAC, ABS, etc). The contractor shall provide the Government with documentation certifying that the lifting device has passed a static and dynamic test.

Transportation, Deployment And Recovery Platform

The transportation, deployment and recovery platform shall be able to load and secure the government-furnished equipment (GFE) listed in paragraph (10) on deck with sufficient space to conduct operations.

Load-controlling system

The Contractor shall provide a load-controlling system and operators sufficient to ensure proper orientation and control of the UUV during the entire lift to and from the cradle. The load-controlling system is critical to ensure that the UUV is placed into the cradle in the correct orientation without damage. The cradle has integrated fairleads built into its structure if the contractor chooses to use them for UUV control.

Deck Wash The contractor shall ensure that all loaded equipment is safe from wash coming over the deck and heavy spray.

This includes staging CONEX working containers and equipment listed in the GFE section above deck-height if necessary. The cradled UUV is at a sufficient height so that it will not require deck wash protection.

UUV Lifting The transportation, deployment and recovery platform shall be equipped with the capability of lifting a semi-submerged object with a 141,000-pound in-air weight from the water to the deck in a sea state up to 3. The lifting capability shall provide a safe reach distance outboard of the gunwale to prevent the UUV from contacting the transportation, deployment and recovery platform during the lift. All UUV and support equipment (GFE) on deck shall also be supported by lifting capability. The lifting hook shall be able to lift at a minimum hook height of 60 feet above the deck in order to allow for the keel of the UUV to clear the outboard edge of the cradle when rigged with GFE lifting slings (based on a notional UUV cradle clearance of 10 feet). The contractor may provide an alternate lift plan and lifting equipment with Government concurrence, if this hook height cannot be supported.

Deck Loading The UUV shall be secured to the transportation, deployment and recovery platform via a government-provided cradle system.

The cradle system consists of two 84-inch wide by 145-inch tall cradles (each weighing 20,000 lbs.) and two 12.5-inch wide by 495-inch long I-beams that are used for aligning the cradles and securing them to the vessel framing. The transportation, deployment and recovery platform must provide sufficient deck space to accommodate the installation of the two cradles (separated by 375 inches) with a 78-foot long UUV installed inside. The cradle system will be welded to the deck. All welding and burning services shall be completed by the contractor.

Load-indicating device The contractor shall provide load-indicating-device(s) for lifting of the UUV. The device should be capable of recording/transmitting peak loads during transitions into/out of the sea.

Deck Lighting The vessels shall be equipped with adequate deck lighting to support launch, recovery, and maintenance of the UUV during night and low-light periods.

Electrical Requirements

The contractor shall provide a three-phase, 480 V, 60 Hz source on the transport vessel to a government furnished power distribution box, the CONEX Boxes (GFE office containers) and the 220 Volt (15 amp) compressor. The power source shall have a filtered output of not greater than 10% fluctuation to avoid transient/spikes which could damage UUV support equipment. The power source must be capable of simultaneously powering:

i. UUV battery charging system (three-phase, 480V, 60 Hz, 200A steady state, and approx.

350A startup)

ii. CONEX office container equipment (single-phase, 120V, 60 Hz, 60 A)

iii. Compressor (three-phase, 480 V, 60 Hz, 30A steady state, and approx. 300A startup)

iv. Additional support equipment (single-phase, 120 V, 60 Hz, 40 A)

v. the air conditioning unit specified below. The Contractor shall provide all labor, materials and services required to operate and refuel the generator.

The contractor shall configure and install the interface/connection between the GFE distribution equipment and the contractor-provided generator. The contractor shall be responsible for ensuring that the generator, power distribution equipment, and cabling are properly located and protected to ensure reliable and safe power in up to sea state 4.

The contractor shall provide 110V AC power to the CONEX office containers, to include cabling, appropriate breakers, and protection from seawater on the deck during operations up to sea state 4.

UUV Scaffolding

The contractor shall provide scaffolding for safe access to the full top deck of the UUV IAW OSHA, USCG, or ABS fall protection standards.

Top deck is approximately 126 inches above the vessel deck.

Mooring The transport vessel shall provide ground tackle for establishing a four-point moor in Pyramid Cove, at a (notional) water depth 300 ft.

Casualty Scenarios The Contractor shall provide the following equipment/services:

- The contractor shall provide two Taylor-type buoys rated at a minimum of 1000 lbs buoyancy each (or provide smaller buoys that add up to an equivocal buoyancy capacity).

- In the event of a crane failure or sudden sea state rise, the tow vessel may be required to tow the UUV to NASNI or other safe harbor, utilizing contractor-provided tow equipment.

Procedures The contractor shall review and confirm compliance with a Government-provided UUV launch and recovery procedure (Attachment B) to ensure that the procedure is safely executable using the contractor’s equipment.

Pier Access: Contractor will provide the necessary equipment (i.e.

brows) to provide personnel safe access between the pier and vessel while in port.

Deliverables. The contractor shall provide the following plans no later than 5 days after award: - Tow And Contingency Plans For Demonstrations Drafted IAW Navy Tow Manual:

http://www.supsalv.org/00c2_p ublications.asp?destPage=00c2 &pageId=2.7 - Emergency/Salvage Plans- NAVFAC Critical Lift Plan (per NAVFAC P-307, 1.7.2g) (http://www.navfac.navy.mil/co ntent/dam/navfac/Specialty%20 Centers/Navy%20Crane%20Ce nter/PDFs/P307/P307- Manuals/P307-2009.pdf

Air Conditioning The contractor shall provide an AC unit capable of removing at least 145,000 BTUs/hr (42.5kW) to cool the UUV; the equivalent of a 20 ton unit with a flow rate of at least 2000 cfm (cubic feet per minute). The contractor shall provide suitable ducting and is responsible for connecting the AC output to the government ducting (4 x 6" diameter ducting).

TOWING VESSEL:

Lay Days 30 SEP at 0700 Hours Vessel Certifications All vessels must meet all federal, state, and local regulations for the operations they will be conducting, including having a coastwise endorsement and COI as appropriate.

Tow Support The vessel shall be outfitted to provide towing support for the Crane Barge and the UUV to/from the range (approx. 20 nm). The vessel will be required to remain in the vicinity of the range while the UUV is deployed.

Pier Access: Contractor will provide the necessary equipment (i.e.

brows) to provide personnel safe access between the pier and vessel while in port.

Station Keeping Contractor’s vessel will be required to have adequate station keeping capability to lower a 1000 pound load to ocean floor (max 300') and place the load within a 50 x 50 yard box.

Berthing/C2 facilities: The below shall apply to any of the above vessels or a supplementary vessel as appropriate.

All of the below requirements, however, shall be met by one vessel.

federal, state, and local regulations for the operations they will be conducting, including having a coastwise endorsement and COI as appropriate.

Messing, Berthing, and Command and Control (C2)

The Contractor shall provide berthing and hot meals for up to 15 mission personnel when away from NASNI. Berthing shall conform to USCG or ABS standards. The contractor shall provide all bedding and towels.

Adequate showers and heads shall be provided. All accommodations shall be air conditioned. Contractor shall provide laundry services or laundry facilities for government personnel use.

Messing and berthing may be located on the towing vessel or may be provided by a separate vessel.

The contractor shall provide for C2 space aboard the vessel where messing and berthing is located. This vessel will be required to remain IVO the UUV during operations. C2 space shall be on the bridge or in an area with an unobstructed view of the UUV. C2 space shall be adequate to support 3 seated workstations for laptop computers; and shall provide 110 VAC power for the laptops.

Pier Access: Contractor will provide the necessary equipment (i.e.

brows) to provide personnel safe access between the pier and vessel while in port.

Communication equipment

The contractor shall provide the following communication equipment: - The vessel shall be equipped with Iridium (or equivalent) satellite telephone capability for project use. - The vessel shall be capable of receiving marine weather forecasts during the exercise. - The contractor shall provide internet communications for electronic mail services.

RHIBS

federal, state, and local regulations for the operations they will be conducting, including having a coastwise endorsement and COI as appropriate.

RHIBs The contractor shall provide two (2) rigid-hulled inflatable boats (RHIBs) equipped with a minimum of twin 100 horsepower engines. The RHIBs will be utilized for attaching and removing tow lines to the UUV, attaching and removing lifting slings to the UUV, small scale maneuvering of the UUV, swimmer support, miscellaneous operational tasks, and personnel transfer. The RHIBs will be required for all days of active launch and recovery operations on SCORE.

The RHIBs shall be loaded on the transport vessel for storage and transit between NASNI and SCI. Loads may not be applied to the UUV hull below the waterline between frames.

Areas of contact to UUV must be appropriately fendered.

UUV general arrangement drawings will be provided upon contract award. The RHIBs shall be capable of supporting launch and recover operations up to sea state 4. The contractor shall provide the appropriate number of qualified personnel to man and operate the RHIBs while launching/recovering the UUV, maneuvering the UUV, and transporting Government personnel.

11. OPERATING SCENARIO (NOTIONAL SCHEDULE OF EVENTS*). The vessels (crane barge, tugboat, and

RHIBs) will be used to support the notional schedule of events provided below:

Day

Period 1 Activity

Berthing &

Meals

30 Sep Commence loading/installing GFE on Crane Barge

COMMENCE CRANE BARGE SERVICE / TUG SERVICE IF GFE

CANNOT BE LOADED AT VENDOR’S SITE

01 Oct LOADING CONT 0 02 Oct LOADING CONT 0 03 Oct LOADING CONT 0 04 Oct LOAD COMPLETE DEPART FOR SCORE Overnight

TUG, RHIBS, AND BERTHING SERVICE COMMENCE transit

15 meals 05 Oct RANGE OPERATIONS 15 06 Oct RANGE OPERATIONS 15 07 Oct RANGE OPERATIONS 15 08 Oct RANGE OPERATIONS 15 09 Oct RANGE OPERATIONS 15 10 Oct RANGE OPERATIONS 15 11 Oct RANGE OPERATIONS 15 12 Oct RANGE OPERATIONS 15 13 Oct RANGE OPERATIONS 15 14 Oct RANGE OPERATIONS 15 15 Oct RANGE OPERATIONS 15 16 Oct RANGE OPERATIONS 15

17 Oct SECURE FROM OPERATIONS RETURN TO SAN DIEGO Overnight transit

15 meals

18 Oct

COMMENCE UNLOADING OF GFE

CONCLUDE RHIB AND BERTHINGRHIBS SERVICE. CONCLUDE

TUG SERVICE IF GFE CAN BE UNLOADED AT VENDOR’S SITE

19 Oct UNLOADING CONT 0 20 Oct UNLOADING 0

21 Oct

UNLOADING

CONCLUDE ALL SERVICE

*This notional schedule of events is an estimate only and cannot form the basis for a claim.

GENERAL REQUIREMENTS

SUBSTITUTION OF VESSEL(S):

1. Substitution of vessel(s) is not authorized during the twenty–two day performance period except for a casualty that would prevent the vessel(s) from performing the requirements fully. Substitution of vessel(s) is authorized, but only for good cause shown and upon proper notice to the Government and approval of the Contracting Officer. Notice of intent to substitute by the Contractor shall identify the vessel(s) being substituted and the vessel(s) for which substitution is being made and shall provide the Contracting Officer with sufficient information on which to base a determination regarding good cause for substitution and the acceptability of the nominated substitute vessel. Notice shall be submitted in writing and shall be submitted sufficiently in advance to permit the Contracting Officer to make a reasoned determination regarding good cause and substitute vessel(s) suitability. If circumstances require oral notification, said notice shall provide all of the above-required information and shall include a statement of circumstances that preclude a written notice prior to substitution.

Confirmation of the information given in an oral notice shall be submitted to the Contracting Officer in writing within forty-eight (48) hours of the giving of oral notification.

a) The Contractor shall fix and deploy a substitute vessel(s) within a period of six (6) hours of submission of notice of substitution or within six (6) hours of the commencement of any off-hire, whichever occurs first.

(See section entitled “Off-hire” below.)

b) Any vessel(s) offered as a substitute shall have substantially the same characteristics, i.e., shall be similarly fitted and otherwise equal or superior in performance, as the vesselfor which it was substituted and shall be fully ready to perform in accordance with this Charter Party upon arrival at the work site designated by Charterer. Any vessel(s) substituted under this Clause shall result in no cost increase for Charterer, and substitution shall result in no operation delay for Charterer except as provided above. It shall not otherwise excuse any other performance required under this Charter party.

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

d) Notwithstanding the Charterer's prior acceptance of any substitute vessel(s) under this paragraph, the

Charterer may, at any time, reject any previously accepted substitute vessel if it is determined that the characteristics of that substitute vessel(s) were misrepresented by the Contractor or are otherwise unsuited to the requirements of this contract.

VESSELS COMPLEMENT AND CREW:

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

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

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

5. All contractor employees shall have in their possession photo identification at all times when working under this Charter Party Contract.

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

7. SECURITY CLEARANCES. (RESERVED)

TYPICAL SERVICES:

8. The following list is provided for illustrative purposes only and describes some of the services that may be performed as requested on the basis of a 24-hour per day readiness:

a. Towing, twisting, mooring, berthing, docking, streaming, shifting, assisting, pulling, and escorting those vessel types identified herein to this Contract and miscellaneous other vessels, barges, submarines, crafts, hulls, sleds, derricks, lighters, and objects of whatsoever nature including anything carried thereon. The government reserves the right to use Government-owned or controlled Tugs or vessels separately or jointly with Owner's vessel(s) in the performance of any services listed in this Contract;

b. Transfers of pilots and Government Personnel by vessel;

c. Vessel(s) emergency support services, including responses to weather conditions threatening vessels, piers, dry-docks, or shore facilities; shipboard fires; vessels aground; vessel equipment failures; downed aircraft;

oil spills; missions of mercy; collisions; ammunition mishaps; and search-and-rescue operations and shipboard casualty or National Defense Emergency;

d. Line handling; and

e. Providing personnel (other than a riding crew) to go aboard a tow; and,

9. Contractor shall provide adequate staff and communications to promptly respond to Government's requests for services under this contract on a 24-hour per day basis.

OTHER SERVICES, RESPONSIBILITIES, PLANS AND REPORTS

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

REQUESTS FOR SERVICE

11. Requests for services within the scope of this Charter Party contract may be issued by:

a) Contracting Officer

PRICE SHEET

RATE STRUCTURE:

1. This Charter Party contract has a daily hire rate structure with reimbursable elements as follows:

(a) DAILY HIRE RATE STRUCTURE

i) Daily Hire: Except as otherwise provided herein, the daily hire rate shall be considered payment in full for all services of the Tug, Barge and Associated Equipment and all other requirements under this Charter Party contract, including, but not limited to messing and berthing(including meals), penalty time, bonuses, payments, and emoluments payable to Master, Officers and crew for services under this Charter, irrespective of the geographic scope of said service and the nominal carriage of ammunition and hazardous cargoes. Daily Hire rate shall be considered payment in full for all overtime, including but not limited to crew overtime or penalty time required for the making up or breaking of tows. Port charges and the price that the Contractor pays for fuel shall be reimbursable.

2. The rates to be paid under this Charter Party contract, as offered and accepted at the time of award, are as follows:

DAILY RATES

WAGE DETERMINATION

Wage Determination (2015-0213 R4) is incorporated into this contract and is available upon request. Please contact Mike Peroha (michael.peroha@navy.mil) or Carley Orvin (franklin.orvin@navy.mil) to obtain wage determination.

OTHER REQUIREMENTS

OFF HIRE

Charter Hire (Per Day) See Box 18A

1. GENERAL. In the event of the loss of time resulting from deficiency and/or default of men including but not limited to misconduct, illness, injury, strikes, labor disruptions, lockouts; deficiency of stores; fire; breakdown of or damage to hull, machinery, or equipment; collision; stranding; grounding; detention by authorities;

average accidents to Vessel or cargo unless resulting from inherent vice, quality, or defect of the cargo; repairs;

inspections; all dry-dockings including those for the purpose of examination/inspection or painting bottom but not for those dry-dockings under the Alterations clause contained herein; or deviation for the purpose of landing any ill or injured person on board other than any passenger, supercargo, or military personnel who may be carried at Charterer's request; or by any other cause whatsoever preventing the full working of the Vessel, the payment of hire shall cease for all time lost until the Vessel is again, at a position not less favorable to the Charterer than that at which such loss of time commenced, ready and in a fully efficient state to resume her service. Should the Vessel deviate or put back during a voyage contrary to the orders or directions of the Charterer for any reason, the hire is to be suspended from the time of her deviating or putting back until she is again, at a position not less favorable to the Charterer than that at which such loss of time commenced, ready and in a fully efficient state to resume her service. When the period of time lost to the Charterer on any one occasion is less than two (2) consecutive hours, the hire shall not be reduced for such period, provided no missions were missed during that period of time.

2. COSTS FOR OWNER. The cost of fuel consumed while the Vessel is off-hire, as well as all port charges, pilotages, and other expenses incurred during such period and consequent upon the putting in to any port or place other than that to which the Vessel is bound, shall be borne by the Owner. All fuel used by the Vessel being driven into port or to shallow harbors or to rivers or ports with bars, the delay of the Vessel and/or expenses resulting there from shall be for Charterer's account.

3. DELAYS/EXCESSIVE FUEL CONSUMPTION. If upon any passage the Vessel fails to make the warranted speed or if her warranted fuel consumption exceeds that offered due to defect in or breakdown of any part of her hull, machinery, or equipment; casualty; or inefficiency of Master, Officers, or crew or their failure to proceed with utmost dispatch, and if the Vessel is delayed more than two (2) hours, provided no missions were missed during that period of time, the hire for the time lost and any cost of extra fuel consumed, if any, shall be borne by the Owner.

LOSS OF VESSEL

4. LOSS OF VESSEL. Should any or all of the vessels be either lost or missing, or become a constructive total loss, the portion of the charter for such vessel(s) shall terminate and hire shall cease to be payable at the time of the loss or, if said time is unknown, at the time of the vessel’s(’) last received communication. If the vessel(s) should be off hire or missing when a payment of hire would otherwise be due, such payment shall be postponed until the off-hire period ceases or the safety of the vessel(s) is ascertained, as the case may be.

REIMBURSABLE ITEMS:

[Specifically stated portions of the following requirements shall be paid as reimbursable items]

5. REIMBURSABLE SUPPLIES AND SERVICES (CHARTERS) (MAR 2005)

(1) The Government will reimburse the Contractor only for the actual price paid for those supplies and services that are expressly identified as reimbursable items by this Contract. “Actual price" paid by the Contractor for such supplies and services, includes tax paid, if any, and reduced by any and all credits and rebates, whether accrued or realized, associated with the supplies and services provided. “Actual price” does not include material handling charges, overhead, general and administrative costs, profit, or any other indirect cost that is in any way associated with the Contractor’s purchase or provision of such supplies and services.

The parties expressly agree that the offered and accepted daily rate includes all costs incurred or paid by the Contractor, including but not limited to material handling charges, overhead, general and administrative costs, or profit, that are in any way associated with the Contractor’s purchase or provision of such supplies and services.

(2) To be eligible to receive reimbursement for services and supplies identified in this Contract as reimbursable items and obtained in support of this Contract, the Contractor must obtain at least three quotes for each transaction in excess of $2,500 to ensure that adequate price competition was sought or the Contractor must provide an acceptable justification as to why it was impracticable to do so. In the case of fuel purchases, unless directed otherwise by the Contracting Officer, the Contractor shall provide the documentation listed in subparagraphs (i) through (iii) below to the Contracting Officer for approval prior to purchasing fuel.

For purchases of services and supplies and other than fuel, the Contractor need provide the aforementioned documentation only when requested by the Contracting Officer. The Contractor shall maintain documentation of all reimbursable purchases until three years after the Contract is completed and shall provide access to and copies of such documentation when requested by the Contracting Officer.

(i) A description of the supplies or services to be subcontracted.

(ii) Identification of the proposed subcontractor and price.

(iii) Suppliers contacted and price quotes. Include other pertinent data such as price lists used if suppliers were not contacted and information regarding the selection if other than price-related factors were considered.

(3) The Contracting Officer may reduce the reimbursement by any amount above that which the Contracting

Officer finds, in his/her sole discretion, is greater than that which is fair and reasonable for the supplies or services provided, giving due consideration to the facts and circumstances prevailing at the time that the Contractor procured the supplies and services. Disputes as to the amount by which any reimbursement is reduced shall be resolved in accordance with the “Disputes” clause of the Contract. It shall be the Contractor’s burden to demonstrate that the price it paid for reimbursable supplies and services was fair and reasonable.

(4) When the Contractor expects total funding expended for reimbursable items to reach 85 percent of the total funds available on each Reimbursable Supplies and Services CLIN, the Contractor shall notify the Contracting Officer and any other Government official identified by the Contracting Officer. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule. The Contractor shall not exceed or incur costs that exceed the amount of funding stated on each Reimbursable Supplies and Services CLIN at the time a reimbursable item is ordered.

(5) The Government is not obligated to reimburse the Contractor for otherwise reimbursable supplies and services in excess of the funded amount stated in the Schedule under each Reimbursable CLIN.

(6) The Contractor is not obligated to continue performance of any reimbursable work under this Contract or otherwise incur costs for reimbursable supplies or services in excess of the funded amount stated in the Schedule under each Reimbursable CLIN unless the Contracting Officer notifies the Contractor that the funded amount stated in the Schedule under the applicable Reimbursables CLIN has been increased.

Notification shall be in writing. In the event notification is made orally, such notification shall be followed up in writing within two working days.

(7) No notice, communication, or representation from any person other than the Contracting Officer shall affect the Government’s obligation to reimburse the Contractor.

(8) Change orders shall not be considered an authorization to exceed the funded amount stated in the Schedule under each Reimbursable CLIN unless they contain a statement expressly increasing the funded amount of the Reimbursables CLIN by a sufficient amount to cover the change order.

6. PASSENGERS, SUPERCARGO AND GOVERNMENT REPRESENTATIVES:

(a) Charterer’s Option. The Charterer shall have the option of carrying passengers, assigning officers and/or enlisted personnel aboard the Vessel for duty purposes and appointing supercargo (supercargo as used herein is both plural and singular) as far as accommodations and inspection certification allow and in accordance with COMSC Instruction 3120.19 as amended. If supercargo remains onboard for over 24 hours, Charterer shall, in accordance with the Reimbursable Supplies and Services clause of this Performance Work Statement (See below, paragraph 36), pay an amount of $30.00 per day, per person, covering all expenses including accommodations and victualling. Owner shall victual all other U.S.

Government representatives, pilots, and Customs Officers when authorized by Charterer. Charterer shall pay $7.00 per meal for all such authorized and approved victualling provided as a result thereof.

(b) Military Personnel. In addition to the carriage of personnel noted in subparagraph above, Charterer shall have the option to assign other military personnel aboard the Vessel. Such personnel are not to require victualling or berthing facilities from the Vessel unless requested by the military commander aboard, in which case the Owner will, in accordance with the Reimbursable Supplies and Services clause of this SOW, be reimbursed for out-of-pocket expenses, not to exceed the amount per person per day set forth in the subparagraph above. Charterer will supply life floats and jackets for the use of such military personnel carried aboard the Vessel during the Charter period. Such items are to be removed by Charterer at termination of Charter.

(c) Charterer’s Liability. The Charterer shall be liable to the Owner for any loss of the Vessel's fittings or appurtenances or any damage to the Vessel, her fittings, or appurtenances caused by the act of passengers, supercargoes, evacuees, or military personnel in the embarkation, carriage, or debarkation of passengers, supercargoes, evacuees, or military personnel to the extent such loss or damage is not payable under the Vessel's insurance policies. However, the Charterer shall not be liable for such damage unless written notice specifying such damage and, if obtainable, the name of the party or parties causing such damage shall have been given to the Charterer or its authorized representative within a reasonable time. Payment for any such loss or damage shall be by agreement of the parties and failure to agree shall be resolved under the FAR clause 52.212-4(d) Disputes.

INSURANCE

INSURANCE

1. Vessel Owner’s Insurance

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

(2) Limitation of Liability. Except as otherwise specifically provided herein, the Charterer shall not be liable for any loss, damage, expense, cost, or liability whatsoever and howsoever incurred by the Owner or Vessel, or which are imposed upon the Owner or Vessel by operation of law. Any Amount due the Owner under paragraph (1) shall be subject to setoff by the Charterer to the extent of any amount recovered under insurance carried by the Owner, or to the extent of any amount recoverable under insurance required by paragraph (1).

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

(4) Charterer Named Assured. The United States of America shall be named as an additional assured with waiver of subrogation under the Vessel’s Broad Form Tower’s Liability policy, Tower’s P&I policy, Hull and Machinery policy (and the Increased Value policy if applicable), the Vessel’s P&I entry, any additional pollution liability coverage, the Vessel’s War Risk Hull and Machinery policy including P&I, and Second Seaman’s War Risk.

2. War

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

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

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

(3) Additional Wage Costs. The Charterer shall reimburse Owner for the cost of provable additional master and crew wages (including all additional bonuses and payments required) to the extent that such additional costs arise directly from exposure of the Vessel, and/or Vessel’s master and crew, to the risks described in the paragraph entitled “Voyage Instructions” above. However, any of said wages or payments shall not exceed in amount that which would be payable, under applicable laws and regulations, to U.S. civil service mariners in the employ of the Military Sealift Command in a similar port, place, zone, or route. Owner shall notify Charterer of all anticipated additional wage costs prior to entering any location which would trigger such additional costs; and no such costs shall be reimbursable unless Charterer, after notification of such costs, provides approval to enter such location.

3. Government War Risk Insurance / Indemnity

(1) General. Upon receipt of notice and instruction from the Contracting Officer, as specified in the last sentence of Section (2) of the section entitled “War” above, with respect to any area excluded by the War Risk Trading Warranties or included by the Lloyd’s Joint War Committee on the Hull War, Strikes, Terrorism and Related Perils Listed Areas (also known as Listed Areas of Perceived Enhanced Risk) under the Owner’s commercial War Risk coverage, the Owner shall, as soon as practicable, contact its insurance brokers or underwriters and arrange for the suspension of its commercial War Risk insurance upon entry of the vessel into, or extension of stay of the vessel in such area(s), or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places, or any other waters described in the Lloyd’s Joint War Committee’s current Listed Areas of Perceived Enhanced Risk, as the case may be, subject to resumption of its commercial War Risk insurance upon exiting such area(s). In such instances, the Owner shall accept the Government’s indemnity or War Risk insurance, whichever is applicable, in lieu of such commercial War Risk insurance. The Owner shall ensure that the suspension of its commercial War Risk coverage is coincident with the time that any Government indemnity or War Risk insurance becomes effective, and shall likewise ensure that its commercial War Risk insurance is resumed at the time when any Government indemnity or War Risk insurance becomes ineffective. The Owner shall retain the same risks, such as deductibles (if any), that it has under its commercial insurance.

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

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

a. War Risk Protection and Indemnity insurance covering all liabilities up to an amount of $250,000,000;

b. War Risk Second Seaman’s coverage, the principal sum of which shall be $200,000 per Crew Member for loss of life.

(3) Government Indemnity. Under the authority of Public Law 85-804 (72 Stat. 972, August 28, 1958) and Executive Order 10789, as amended by Executive Order 11610, the Secretary of Defense or the Secretary of the Navy may authorize the Contracting Officer to indemnify the Owner against loss from risks that would be covered by MARAD war risk coverage as set forth in the paragraph entitled “Government War Risk Insurance” directly above.

In accordance with FAR 12.301(e) and FAR 12.302, the following paragraphs, stating additional terms and conditions consistent with customary commercial practice and necessary for performance of the contract, are added to FAR 52.212-4.

(a) NO COST CANCELLATION OF CONTRACT. The Government shall have the right to cancel the contract at no cost upon 30-days written notice by the Contracting Officer in any option period.

(b) INVOICE ADDRESS. See DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT

INSTRUCTIONS.

(c) LAWS GOVERNING. This Charter Party shall be governed by the laws of the United States.

(d) STANDARDS OF APPEARANCE. It is important that the Vessel operation meets the highest possible standards of appearance and Vessel smartness. To this end, the Owner and operator will institute a continuous program of Vessel maintenance. The hull, decks, deckhouse, and all appurtenances will be cleaned and preserved as necessary and painted as required. The interior of the Vessel's deckhouses will be maintained in a clean and orderly state, with all equipage properly and securely stowed. The main and auxiliary machinery spaces will be kept clean and free of excessive accumulations of oil and debris. All spaces will be lighted to allow safe operation and correct maintenance of machinery and equipment.

(e) WAIVER OF CLAIMS. All claims whatsoever under this contract must be submitted to the Contracting

Officer pursuant to the clause entitled “Disputes” within six months of the accrual of the claim. All claims not so submitted shall be deemed waived by the Owner.

(f) GENERAL DEFINITIONS.

(1) "Assisting" - Movement of a tow, which is making use of, or which has available for use, her own…