16-R-3502_Amend_3_Final.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

See extended description.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 24

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

16C. DATE SIGNED

BY 30-Dec-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-3502

X 9B. DATED (SEE ITEM 11)

20-Sep-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 is extended, X 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 1 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

30-Dec-2016

CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET BLDG T-26

NORFOLK VA 23511

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-3502

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0003

The purpose of this amendment is to make the following changes to the subject solicitation:

1) Additional Questions and Answers received to-date have been posted as part of this amendment.

2) Section C-3.1(B)(c) has been revised. The word ‘terminal’ has been inserted before the word

‘acceptances’.

3) Section C-3.1(B)(d) has been revised. The words ‘or terminal’ has been inserted before the word ‘since’.

4) Section C-8.4.1 has been revised to reduce the number of RAS receiving stations from four to two.

5) Section C-9.7 has been revised.

6) FAR 52.219-9 has been updated to reflect the latest revision.

7) Sections L4.13 through L-4.17 has been updated to clarify that these documents are to be submitted as part of the offerors technical proposal volume.

8) The Attachment ‘K’ posted by way of amendment 0002 entitled ‘Specs_for_CBR-D_Decon_Station Rev1’, was originally mislabeled. Accordingly, this Amendment corrects that error and Attachment ‘K’ posted under Amendment 0002 is relabeled as Attachment ‘N’.

9) A revised Attachment B entitled ‘16-R-3502 ATT B REV2 Amend 3’ is incorporated by way of this

Amendment.

10) A revised Attachment Q entitled ‘16-R-3502 ATT Q - CONSOL DRAWINGS REV2 AMEND 3’ is incorporated by way of this Amendment.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

PERFORMANCE WORK STATEMENT

C-1 DEFINITIONS AND ACRONYMS.

C-1.1 AEL – Allowance Equipage List

C-1.2 Alterations — Additions of equipment; changes to the configuration, location, type, or number of pieces of equipment or systems; changes in the arrangement and outfitting of Vessel’s structure

C-1.3 Associated Equipment — Construed to include all Contractor-furnished or owned equipment necessary for performance under this Charter

C-1.4 ATO – Anti-Terrorism Officer (same as Vessel Security Officer and Force Protection Officer)

C-1.5 AT/FP – Anti-Terrorism/Force Protection

C-1.6 Bbl — Barrel (42 U.S. gallons volume measure)

C-1.7 CAGE — Commercial and Governmental Entity Code (reference DFARS 252.204-7001)

C-1.8 CBR-D – Chemical, Biological and Radiological Defense

C-1.9 CBR-DO – Chemical, Biological, and Radiological Defense Officer

C-1.10 CEC — Contractor Establishment Code

C-1.11 CFE — Contractor-furnished equipment

C-1.12 CFR – Code of Federal Regulations

C-1.13 Charter – This document when executed; interchangeable with “Contract” and “Charter Party”

C-1.14 Charterer — The United States of America

C-1.15 Charter Party — This document when executed; interchangeable with “Contract” and “Charter”

C-1.16 Charter Party Date — Identified in Box 28 of SF-33

C-1.17 CHOP – Charterer’s Option

C-1.18 Classification Society – Non-governmental organizations or groups of professionals, ship surveyors and representatives of offices that promote the safety and protection of the environment of ships and offshore structures.

C-1.19 CMWWD – Counter Measures Water Wash Down System. Fixed system (or temporary using fire hoses attached to steel clips welded to vertical bulkheads or other structure). Using ship’s fire main system, when activated, provides 360 degree (ideally) sea water curtain protection, mitigating the effects of CBR attacks. Also used to wash contaminants from ship’s structure after a CBR attack.

C-1.20 COMSC — Commander, Military Sealift Command

C-1.21 COMSCINST — COMSC Instruction

C-1.22 CONSOL — Also known as Underway Replenishment wherein– Cargo consolidation that is done at sea, underway where the tanker will transfer cargo fuel to a Naval Auxiliary while underway via cargo hoses sent from an oiler. This requires special fittings on the tanker to be able to receive the hose via highline.

C-1.23 Contracting Officer — Identified in G-1

C-1.24 Contractor — Interchangeable with “Owner”

C-1.25 COR – Contracting Officer’s Representative – a person authorized by and responsible to the Contracting

Officer as specified in a written authorization.

C-1.26 Crew — Of the Vessel identified at Box 7

C-1.27 CSF – Consolidated Storage Facility

C-1.28 Decontamination Station – An area of the ship (near entrances from the weather decks) with features for crew decontamination

C-1.29 DLA-Energy — Defense Logistics Agency-Energy (Formally Defense Energy Support Center (DESC))

C-1.30 DFARS — Department of Defense FAR Supplement

C-1.31 DoD — Department of Defense

C-1.32 DSS – Defense Security Service

C-1.33 DWT – Deadweight

C-1.34 EDI – Electronic Data Interchange

C-1.35 EST – Embarked Security Team, normally 15-person force, U.S. Navy or other

C-1.36 FAR — Federal Acquisition Regulation

C-1.37 FCC — Federal Communications Commission

C-1.38 FOS — see “Full Operational Status”

C-1.39 Ft – foot / feet

C-1.40 Full Operational Status — Vessel manned and provisioned, all Associated Equipment operational, and

Vessel prepared in all respects to perform her mission in accordance with this Charter, whether or not so ordered

C-1.41 FPCON – Force Protection Condition

C-1.42 FPCON NORMAL –This condition applies when a general global threat of possible terrorist activity exists and warrants a routine security posture. At a minimum, access control will be conducted at all

DoD installations and facilities.

C-1.43 FPCON ALPHA – This condition is declared as a general warning of possible terrorist activity, the nature and extent of which is unpredictable, when the circumstances do not justify full implementation of the measures of FPCON BRAVO. However, it may be necessary to implement selected measures from

FPCON BRAVO. The measures in this FPCON must be capable of being maintained indefinitely.

C-1.44 FPCON BRAVO – This condition is declared when there is an increased and more predictable threat of terrorist activity even though no particular target is identified. The measures of this FPCON must be capable of being maintained for weeks without causing undue hardship, without affecting operational capability and without aggravating relations with local authorities.

C-1.45 FPCON CHARLIE – This condition is declared when an incident occurs or when intelligence is received indicating that some form of terrorist action against installations or personnel is imminent.

Implementation of this measure for more than short periods will probably create hardship and will affect peacetime activities of the installation and its personnel.

C-1.46 FPCON DELTA – This condition is declared when a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location is likely. Normally this FPCON is declared as a localized warning.

C-1.47 FP Officer (FPO) – Same as Vessel Safety Officer/VSO and Anti-Terrorism Officer/ATO.

C-1.48 GFE – Government Furnished Equipment

C-1.49 GFM – Government Furnished Material

C-1.50 GFP — Government-furnished property (see FAR 52.245-1 below)

C-1.51 GMDSS – Global Maritime Distress and Safety System – A system for automatic distress communications required by SOLAS Chapter IV.

C-1.52 Government — The United States of America; interchangeable with “Charterer”

C-1.53 Government Personnel or Government Sponsored Personnel — All embarked personnel not employed by the Owner, including military personnel and Government-employed civilians

C-1.54 Government Designated Representative — Including, but not limited to, force protection personnel, military, government employees, and government Contractors

C-1.55 HAZMAT – Hazardous Material

C-1.56 Heavy Weather — Conditions of gust winds of Beaufort Force 5 and above

C-1.57 hp — horsepower [1 hp equals 0.745799 kW]

C-1.58 Idle – Inport at anchor and/or alongside berth loading cargo (no cargo pumps workings)

C-1.59 IMO – International Maritime Organization, a UN regulatory body that issues SOLAS rules from its

Maritime Safety Committee

C-1.60 INMARSAT – International Maritime Satellite

C-1.61 ISO – International Organization for Standardization, an international-standard-setting body composed of representatives from various national standards organizations

C-1.62 ITOPF — International Tanker Owners Pollution Federation Limited

C-1.63 km — kilometers

C-1.64 kW — kilowatts [1 kW equals 1.34 horsepower (hp)]

C-1.65 LT — Long Ton (2,240 pounds weight)

C-1.66 LOA – Length Overall

C-1.67 m — meter

C-1.68 m

— cubic meter

C-1.69 Master — Of the Vessel identified in Box 7

C-1.70 Moderate Weather – Conditions up to sustained winds of Beaufort Force 5 (any day during which sustained winds of Beaufort Force 5 or above are encountered for more than six hours shall not be considered a “moderate-weather” day for purposes of fuel or speed warranties made under this Charter)

C-1.71 MSC — Military Sealift Command

C-1.72 MSC Norfolk – Military Sealift Command Norfolk

C-1.73 MSCDC –Military Sealift Command D.C.

C-1.74 NMCARS — Navy Marine Corps Acquisition Regulation Supplement

C-1.75 NM — Nautical Miles

C-1.76 OCIMF — Oil Company International Marine Forum

C-1.77 Owner — That entity or entities exercising commercial control of the Vessel identified in Box 7;

interchangeable with “Contractor” and “offeror” and to include the disponent Owners and all the ship

Owner’s and the disponent Owner’s agents, employees, independent Contractors, Master, Officers, and crew

C-1.78 P&I — Marine protection and indemnity insurance

C-1.79 Paying Office — Identified in Box 25 of SF 33

C-1.80 Performance Speed — Derived by dividing the total hours at sea on any given sea passage (as shown in the Vessel’s log) — after excluding any hours of non-moderate weather and any sea passage covered by an off-hire calculation – into the total miles at sea on the given sea passage.

C-1.81 Place — Any berth, dock, anchorage, submarine line, alongside any Vessel or lighter or any other place whatsoever to which Charterer is entitled to direct the Vessel hereunder

C-1.82 Psi — pounds per square inch (pressure measure)

C-1.83 QAR/QR – DLA-E Quality Assurance Representative. Person who inspects ship cargo spaces for suitability to carry cargo and cargo for compliance with DoD quality specifications.

C-1.84 Readiness — See Section H-7 below

C-1.85 RFP — Request for Proposals; interchangeable with solicitation

C-1.86 RSDL – Reactive Skin Decon Lotion

C-1.87 SDWT — Deadweight capacity, to assigned summer mean draft

C-1.88 Ship fill Allowance — The allowance of ammunition for the ships permanently installed armament. Ship fill ammunition does not include ammunition held for issue to other activities.

C-1.89 SIRE — Ship Inspection Reporting System — Database of ship OCIMF vetting inspections

C-1.90 SOA – Speed of Advance

C-1.91 SOLAS – The International Convention for Safety of Life at Sea, as amended. An international treaty issued by the Maritime Safety Committee of IMO which covers a wide range of measures designed to improve the safety of shipping.

C-1.92 SWL — Safe Working Load

C-1.93 TEU — Twenty-foot equivalent unit (container volume measure)

C-1.94 TIN — Taxpayer Identification Number (see FAR 52.204-3 below)

C-1.95 USCG — United States Coast Guard

C-1.96 Vessel — Identified at Box 7

C-1.97 VSO – Vessel Security Officer (same as ATO/Anti-Terrorism Officer and Force Protection Officer/FPO)

C-1.98 WOG — Without guaranty

C-2 MISSION.

C-2.1 Mission. The Vessel will be employed primarily in support the Department of Defense, Logistics

Agency Energy (DoD/DLA-Energy) in the worldwide transportation of petroleum products. The Vessel will primarily be expected to operate in, but not limited to, the US East Coast/Gulf Coast region.

C-3 VESSEL REQUIREMENTS.

C-3.1 Vessel Specifications/Capability.

A. One, clean, U.S. Flag, Jones Act double hull tanker with Inert Gas System (IGS) and Segregated Ballast Tanks

(SBT) that is capable of carrying a minimum of 310,000 BBLS for at least two clean petroleum products

(intentions 310,000 bbls F-76), in designated cargo tanks with double valve isolation.

B. In addition, Vessel(s) shall have the following minimum particulars:

a) Vessel must be a party to the SIRE System and Owner must provide a current Q-88 with offer (no more than 60 days old). Q-88 must detail current acceptances and dates of inspection.

b) Owner must provide date of last SIRE report on the Vessel which has been registered in the revised SIRE register. This SIRE report must be less than 6 months old at all times during the performance of this

Contract.

c) Owner must confirm terminal acceptances received by the Vessel since the last SIRE report.

d) Owner must confirm that the Vessel has not been rejected or refused by any Charterer or terminal since the inspections leading to the said SIRE report.

e) Vessel’s age shall be less than 20 years for the duration of the Charter.

f) Vessel must submit copy of current ISM Certification (SMC) and International Ship Security Certificate.

g) Vessel must have a maximum LOA of 700 Feet (213 meters).

h) Maximum beam of 106 Feet (32.31 meters)

i) Vessel must have a maximum manifold height of 46 Feet (14 meters)

j) Vessel must have the ability to load minimum of 310,000 BBLS F-76 not to exceed a laden draft of 12.47 meters with Max DWT of 50,000MT.

k) Equipped with a minimum 10 ton lift capacity at the manifold.

l) Minimum of 3 segregations with double valve isolation between each segregation

m) Vessel must be able to machine wash cargo tanks, as applicable, while underway.

n) Vessel must be able to clean, mop, dry and inert cargo tanks within three (3) days notice by the

Government during performance of the charter when required.

o) Vessel must be able to carry one complete, undecanted tank washing in dedicated slop tanks.

p) Ability to perform Cargo operations at offshore petroleum facility.

q) Vessel must be able and equipped to perform cargo operations pierside.

r) Ability to perform Cargo operations at anchorage (lightering)

s) Ability and equipped to perform Cargo operations via Refueling at Sea (CONSOL only)

t) Owner must confirm Vessel’s minimum SOA of 13 knots in moderate weather (Force 5).

u) Must have a minimum of 5 berths available for additional government embarked personnel

v) Owner must confirm Vessel’s ability to hot wash all cargo spaces with water not to exceed 58 degrees centigrade prior to presenting for initial acceptance and inspection. All cargo tanks must be free of loose rust, previous cargo residues and films (including dyes), significant salt deposits and other impediments that could impact the quality of the cargo to be loaded.

w) Owner must confirm Vessel will arrive at load port in a clean, gas-free condition, and be ready for internal tank inspection by Quality Assurance Representative (QAR). Ensure any adjacent tanks are also clean and gas free. Contractor shall provide (Owner's account) a Certified Marine Chemist to certify tanks safe for entry for internal tank inspection by Government / Charterer representative. Contractor will provide time needed to re-inert after inspection. If a prior (last and next to last) cargo contained a percentage of benzene, Owner’s Certified Marine Chemist must also measure toxicity for Benzene content and certify safe for entry. All safe for entry / toxicity / flammability assessments will be performed in the presence of the inspecting QAR.

x) Owner must confirm Vessel is free of copper and copper alloys (brass, bronze, etc.) in Vessel compartments, pipelines, heating coils, fittings, etc. as it is not permitted in Vessels Chartered by MSC to carry petroleum products, unless Vessel possesses a current DLA – Energy waiver.

y) Owner must provide, if Vessel cargo tanks have heating coils, coil type or composition (such as stainless steel, copper, etc.). Owner must provide, if Vessel cargo tanks have heating coils, the date heating coils were last pressure tested and the results of the test (passed or failed). Date of last pressure test cannot exceed 12 months for duration of this Charter. Vessel tanks with copper or yellow metal compounds are normally not acceptable for Jet Fuel cargoes.

z) Owner must provide, if Vessel cargo tanks are internally coated, the coating type (epoxy, inorganic zinc, etc.). Coal tar coating is not acceptable. Coatings that are incompatible with the fuel to be carried will be rejected.

aa) Owner must provide copies of Certificates of Quality for Vessel’s last three cargoes. These Certificates should contain all test data required by specification for the products that were previously loaded (last three). Vessel Certificates of Quality from Vessel post-load samples are preferred, but if unavailable shore tank Certificates of Quality representing quality of product loaded are acceptable. The Certificates of

Quality should contain the test data required by the specification for the product which were loaded. They shall be submitted for each shore tank as well as the Vessel tanks after loading (composite sample). Results of “typical” are not acceptable.

bb) Owner must confirm whether or not the last three cargoes carried contained FAME (Fatty Acid Methyl

Esters).

cc) Owner must confirm, in the event any of the Vessel’s last three cargoes did contain FAME, that Vessel cargo tanks were cleaned / conditioned in accordance with the guidance in Energy Institute HM50.

dd) Owner must confirm that Vessel is be able to take upper, middle, lower, bottom, and all-level samples of the cargo (to include On Board Quantity (OBQ) & Remaining On Board (ROB)) without contaminating them from the sampling location. If unable to do so or if the sampling location is contaminated or suspected to be contaminated, Charterer will require open sampling on a tank by tank basis, consistent with safety and local terminal regulations.

ee) Where cargo is carried after Contract award and prior to delivery, Owner agrees to provide cargo type and description prior to loading, and applicable Certificates of Quality (to include all test data required in the initial RFP) for review within 48 hours after loading said cargo. Test shall be on a sample taken from the ship versus a representative sample from a shore facility. Any rejection of the Certificates of Quality by the

Government shall result in the Government cancelling this Contract at no cost to the Government.

C-4 WARRANTY/DESCRIPTION OF VESSEL.

C-4.1 General. The Owner warrants that the Vessel performing under this Charter Party shall be in full conformity with the requirements of this Charter Party, from the time of delivery and thereafter during the currency of this Charter Party. In particular the Owner warrants that the Vessel is as described in Section

C-3 and the boxes in Section B of this Charter Party and that the Vessel shall be under U.S. flag upon delivery (see DFARS 252.247-7025 at Section I concerning requirements for reflagging work in U.S.

shipyards). Should any specification of the Owner in the Contract be in excess of a required specification elsewhere in this Contract, the Owner’s specification shall prevail over the required specification.

C-4.1.1 Owner’s Guarantee. The Vessel Owner warrants that the Vessel is clean and seaworthy and that the engineering plant is sound and has no known defects at time of delivery. Should the Vessel’s main engines, drive gear, generators, electronics, or any other major system fail in service for any reason not the fault of the Charterer during the life of this Contract, the Owner shall be immediately notified by telephone and the Vessel will be placed in an off-hire status until repairs have been affected at Owner’s expense

C-4.1.2 The Vessel Owner warrants the following:

(a) Pumping and Stripping Capacity. The Vessel is equipped with the number of cargo and stripping pumps identified in Boxes 73 and 75, and their minimum discharge rates (against a back pressure of

100 psi at Vessel’s manifold) are noted in Boxes 74 and 76, respectively. The Vessel is so equipped to drain and strip all cargo tanks of all free-flowing liquid cargo.

(b) Cargo Capacity. The Vessel has the total capacity for bulk cargo identified in Box 56 which includes a deduction of two percent for expansion. The Vessel is constructed and equipped to carry, without admixture, the minimum number of grades of petroleum products identified in Box 54, with positive means of segregation between systems; that is, minimum double valves or effective line blinds. The Vessel is also equipped and constructed to be capable of loading and discharging the minimum number of grades of petroleum products identified in Box 55 simultaneously, using separate lines, pumps, and manifold connections.

(c) Ballast Tanks. The Vessel must possess clean SBT, as those terms are defined by applicable regulations, and have the capacities noted in Box 57.

C-4.2 Regulatory Compliance. The Owner warrants that the Vessel and all Associated Equipment shall be in full compliance with the International Safety Management Code, all applicable international conventions, all applicable laws, regulations, and other requirements of the United States and of the nation(s) and local jurisdictions to whose port(s) and/or place(s) it is contemplated that the Vessel will be ordered hereunder.

The Vessel shall be delivered and maintained in the highest class of a recognized classification society and be in compliance with all current safety, health, and pollution regulations promulgated by appropriate authorities, including the latest applicable IMO and conventions. The Owner also warrants that the Vessel shall be entered with the ITOPF for the duration of this Charter. The Owner further warrants that the Vessel shall have on board all certificates, records, or other documents required by the aforesaid conventions, laws, regulations, and requirements. The Owner will enter the ships in the OCIMF SIRE database and comply with all OCIMF guidelines.

C-4.2.1 Other Compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this Contract.

C-4.2.2 Compliance with Laws Unique to Government Contracts. The Contractor agrees to comply with 31 U.S.C.

§1352 relating to limitations on the use of appropriated funds to influence certain Federal Contracts; 18

U.S.C. § 431 relating to officials not to benefit; 40 U.S.C. § 327, et seq., Contract Work Hours and Safety

Standards Act; 41 U.S.C. § 51-58, Anti-Kickback Act of 1986; 41 U.S.C. § 265 and 10 U.S.C. § 2409 relating to whistleblower protections; 49 U.S.C. § 40118, Fly American; and 41 U.S.C. § 423 relating to procurement integrity 40 U.S.C. § 3701, et seq., Contract Work Hours and Safety Standards Act.

C-4.2.3 Radio Officer. A Radio Officer is not required aboard the Vessel so long as all requirements and regulations of the U.S. Coast Guard and other regulatory bodies are met.

C-4.3 Shipboard Personnel. The Owner warrants that the Vessel(s) shall have an efficient and legally sufficient complement of Master, Officers, and crew with adequate training and experience in the operation of all of the Vessel’s equipment. The ship’s crew shall be trained, qualified and medically fit sufficient to accomplish the requirements of the Performance Work Statement (PWS) and consistent with the ship’s mission. The Master and Officers shall be U.S. citizens. Of unlicensed crew, at least 75% shall be U.S.

citizens and not more than 25% may be aliens lawfully admitted to the United States for permanent residence. The Master, Officer, and entire crew must be able to adequately communicate in spoken and written English and possess valid and current certificates, licenses, and documents. Deck and Engine

Officers shall meet the requirements of the USCG and Standard Training Crew Watch Standards (STCW) and possess current, valid USCG licenses, including Radar Observer endorsement for Deck Officers, commensurate with the tonnage and classification of the ship. GMDSS operators and maintainers are to be properly licensed and certified. Licensed personnel shall have the necessary endorsements on their USCG

Merchant Mariner’s Document for the job to which they are assigned. All shall hold valid passports for the full length of this assignment.

C-4.4 Fuel and Speed Warranty. All the fuel and speed characteristics provided in Charter boxes 87-96 (Section

B-1) shall be deemed warranties and any breach of such warranties shall be subject to the remedies contained in C-4.8 (below).

C-4.5 Pollution Prevention and Safety Compliance. Owner warrants that the Vessel is in full compliance with the

United States Oil Pollution Act of 1990 (OPA 90) and all applicable U.S. Coast Guard (USCG) regulations for safety and pollution prevention, including those regulations in 33 CFR Parts 151, 155, 156, and 164, and amendments thereto. Owner warrants that it has submitted a Vessel Response Plan (VRP) for the

Vessel, which complies with OPA 90 and with USCG regulations, and has a Shipboard Oil Pollution

Emergency Plan (SOPEP) that meets the requirements of MARPOL 73/78. Owner further warrants that the

Vessel will be operated in full compliance with the legally applicable VRP requirements and any future

VRP requirements. Owner further warrants that the Qualified Individuals listed in the VRP of the Vessel are readily available and their Contract telephone numbers can be given to Charterer immediately upon request.

C-4.6 Financial Responsibility. Owner warrants that it has secured, and carries aboard the Vessel, a Vessel

Certificate of Financial Responsibility (Water Pollution) issued by the United States Coast Guard in accordance with 33 C.F.R. 138.65.

C-4.7 Protection and Indemnity (P&I). Owner warrants that it has in place with its P&I Club or other underwriter providing first class security (see sections H-3 through H-5). Owner further warrants that such coverage will remain in effect for the duration of the Charter. In the event that the financial responsibility requirements under United States law shall increase during the term of this Charter so as to require oil pollution coverage in excess of that which Owner has agreed to carry under the preceding sentences and there is coverage available to meet such requirements, Owner will obtain the required and available coverage for its own account.

C-4.8 Remedies. Should actual performance or readiness condition of the Vessel show any failure to satisfy one or more of such warranties or other Charter requirements not due to the fault of the Charterer, the hire may be equitably decreased, the Charter may be terminated, or the Vessel may be placed off-hire, at Charterer’s option so as to indemnify the Charterer to the extent of such failure

C-5 FUEL OIL INVENTORY.

C-5.1 Fuel Monitoring Reports. A fuel oil inventory report shall be submitted to the Government on the 5 th day of every month (for the previous month) using the Navy Energy Usage Reporting System (NEURS).

Report shall be prepared in accordance with OPNAVINST 4100.11 and include the following information:

a. Bunkers at the beginning of each month.

b. Bunkers at the end of each month.

c. Fuel received during the month and source, receipt, document number and date of receipt.

d. Fuel consumed during the month.

C-5.2 Fuel Consumption Reports. A fuel consumption report/abstract shall be submitted to the Government on the 1 st day of every month (for the previous month). Thirty days prior to delivery of the Vessel, the

Government will provide an abstract form in EXCEL format to the Contractor that shall be used when submitting the monthly Fuel Consumption Report/Abstract. Contractor shall not make changes to the form or formulas in the spreadsheet.

C-5.3 Report Submission. The above fuel oil reports (Monitoring and Consumption) shall be recorded daily and submitted monthly using the Navy Energy Usage Reporting System (NEURS), per ALMSC

192334ZNOV03 (provided upon request). Reports and data collected shall be prepared and submitted in accordance with OPNAVINST 4100.11 via e-mail to the MSCDC PM3B, Strategic Sealift Program; an e-mail address will be provided upon award.

The Contractor shall include, with the submitted reports, a statement certifying the accuracy of the data contained therein as a true and exact copy of Vessel deck and engine log books.

C-6 PERSONNEL AND FACILITY SECURITY CLEARANCES. The Contractor is required to have a facility clearance at the Secret level with the capability to store classified information up to the SECRET level to include a GSA approved Class 6 document safe that has an approved electronic combination locking device and approved shredder capable of destroying documents classified up to SECRET in accordance with DoD 5220.22-M

National Industrial Security Program Operating Manual (NISPOM). The Master, Chief Mate, and any additional officer (deck or engineering) shall have a completed investigation comparable to at least a National

Agency Check and adjudication indicating eligibility for access to SECRET. It is the Owner's responsibility to submit requests for security clearances in the proper format and in a timely manner prior to assignment to the program based on Defense Security Service (DSS) guidance. Both Personel and Facility Clearances must be in place prior to the start of the first option period and be maintained throughout the life of the Contract. If a

Facility Clearance is not obtained prior to the start of the first option period, the option may not be declared.

See DD-254, "Contract Security Classification Specification," Attachment D, for other security requirements.

C-7 SHIP MANAGEMENT

C-7.1 Quality Management System (QMS). The Owner shall have and maintain a QMS certified by an independent external body that has audited the Owner’s management system and verified that it conforms to the requirements specified in the QMS certification. Certification may be ISO 9000 series, or equivalent other.

C-7.2 Delivery

C-7.2.1 Prior Cargoes. For the Vessel’s cargo tanks to be considered acceptable upon delivery under this Charter, the last three cargoes carried by the Vessel prior to delivery under this Charter shall have been petroleum or its products not darker than 2.5 NPA color. Owner shall submit other technical data as required by DLA-E based on the type of product carried. 30 days prior to delivery of the Vessel, the Contractor must provide

Certificates of Quality for the last three cargoes to the Government. These Certificates should contain all test data required by the specification for the products that were previously loaded (last three). They shall be submitted for each shore tank as well as the Vessel tanks after loading (Composite sample). Results of

“typical” are not acceptable. Additionally the following are required for the specific products mentioned:

1) Naphtha/condensates: Mercaptan sulphur, reported in “parts per million” (ppm) or “mass percent” or

Doctor Test (ASTMD 4952).

2) Gasoline (Motor or Aviation): State whether the previous product was “leaded” or “unleaded.” This is needed to determine cargo tank “safe entry” testing requirements.

If cargo is carried by the Vessel in the 30-day period between when the last three cargo Certificates of

Quality are submitted to the Government and when the Vessel is delivered under the Contract, the Owner shall submit Cargo Quality Certificates to the Contracting Officer for review upon completion of loading the cargo. Rejection by DLA-Energy Quality Assurance due to cargo non-compatibility would be grounds for cancellation of the Contract at no cost to the Government.

C-7.2.2 Upon delivery in accordance with paragraph F-1, all cargo tanks designated for cargo carriage and adjacent tanks, including slop tanks, shall be clean and be ready to receive lawful cargo.

C-7.2.3 Vessel must report fully loaded with bunkers when they submit their notice of readiness at port of delivery in accordance with H-14.1.

C-7.3 Drydock. Owner, at its expense, shall drydock, clean and maintain the Vessel's bottom and propeller, and make all overhaul and other necessary repairs properly to maintain the Vessel in class, maintain the Vessel in compliance with F-2 (Condition) above and the warranties of C-4, and otherwise to keep the Vessel tight, staunch, and strong, and in thoroughly efficient order and condition. For such purpose of drydock, Charterer shall allow Vessel to proceed to an appropriate port upon 60 days' prior notice to the Contracting

Officer. All towage, pilotage, fuel, gas-freeing if required, water, and other expenses incurred while proceeding to and from drydock shall be for Owner's account.

C-7.3.1 Suspension of Hire. In case of dry docking, pursuant to C-7.3, at a port where Vessel is to load, discharge, or bunker under Charterer's orders, hire shall be suspended from the time the Vessel receives free pratique on arrival, if in ballast, or upon completion of discharge of cargo, if loaded, until Vessel is again ready for service. In case of drydocking at a port other than where Vessel loads, discharges or bunkers, payment of hire shall cease from the time of deviation until the Vessel is again ready and in a position not less favorable to the Charterer than that at which such deviation occurred.

C-7.4 All tank cleaning during the term of the Contract will be for the account of the Contractor.

C-7.5 Redelivery. The Vessel, at the termination of this Charter, shall be returned to the Owner by the Charterer with tanks in like condition, excepting normal wear and tear.

C-8 EQUIPMENT

C-8.1 Communications. The Contractor shall ensure that the Vessel configuration and equipment meets the Regulatory Body Distress/Ship requirements of the U.S. Coast Guard (USCG), Federal Communications Commission (FCC), International Maritime Organization (IMO); and

International Convention for the Safety of Life at Sea (SOLAS), 1974 as amended.

The Contractor shall also meet the following MSC specific requirements:

C-8.1.1 Communications Space and Equipment. The Vessel shall be equipped with a separate, suitable, and securable communication space designated and equipped for the Government to operate and maintain special communications equipment. The space, at a minimum shall have adequate square footage in which Contractor-furnished and MSC-furnished equipment can be operated and maintained, estimated to be twenty square feet.

(a) The Contractor shall provide:

(1) One INMARSAT Fleet Broadband 500 terminal.

(2) MF/HF Transceiver(s); can be included in an integrated GMDSS console.

(b) The Government will provide, and the Contractor shall accommodate, Secure Communications devices.

(c) Department of Defense General Service (GENSER) Messaging. The Vessel shall be capable of transmitting and receiving GENSER messages. Classified and unclassified GENSER message traffic is controlled by a personal computer based system.

(d) Radiotelephone Services. The Vessel shall be capable of radiotelephony over terrestrial and satellite circuits in the VHF, HF, MF bands as described in COMSCINST 2000.2 Series.

(e) Secure Communications. The Vessel shall be capable of supporting secure (encrypted) communication equipment by complying with DOD and DON guidance on proper access, handling and disposition of classified material. The Contractor shall comply with physical security requirements in the following publications:

(i) DOD Manual 5220.22-M (Industrial Security Manual for Safeguarding Classified Information) and DOD 5220.22-S (COMSEC supplement)

(ii) SECNAVINSTs 5510.30 Series and 5510.36 Series

(iii) COMSCINST 2280.3 Series

(b) Communications Administrative Services. The Vessel shall have standard office furniture necessary to support communications administrative functions in accordance with the procedures described in COMSCINST 2000.2 Series. These include a telephone connection to the interior communications system, and a safe. The safe shall be a GSA approved container, multi-drawer (2), class 6 document safe, with an approved electronic combination locking device (X-09).

(c) Communications Training. The Contractor shall ensure that those mariners performing the communication duties on board ship successfully complete the following courses:

(i) Electronic Key Management System (EKMS). Masters and any other mariners serving as

Electronic Key/Local Element Managers shall successfully complete the MSC sponsored shoreside EKMS / Local Element course which concentrates on COMSCINST 2280.3 (series) policy regarding safeguarding and/or destroying classified material and maintaining safe combinations.

(ii) Masters and any other mariners serving as Operators of MSC installed computer systems such as the PC-PC Transfer System shall successfully complete the MSC sponsored shoreside PPTS course of instruction which concentrates on COMSCINST 2000.1 (series) regarding sending and receiving GENSER naval messages and official e-mail through MSC networks.

(iii) Information Awareness (IA) training. As required by DoD, any person (ashore or afloat) given access to a NMCI U.S. Government computer shall annually attend the latest version CD DoD

Information Awareness training, and other cyber security training as directed by COMSC.

(d) Logs and Files. The Vessel shall have standard office equipment necessary to maintain communications logs as required by regulatory bodies and COMSCINST 2000.2 Series.

C-8.2 Navigational Equipment. The Vessel shall be equipped, upon commencement of the Charter, with the navigational equipment required by the USCG.

C-8.3 Automated External Defibrillator (AED). The Contractor shall provide sufficient AEDs, stored in a location ready for use, to ensure that response time to shipboard medical emergencies does not exceed five minutes from any location on the Vessel. AEDs shall be stored in a location that is accessible to trained rescuers. AEDs must be FDA approved and be suitable for shipboard use. The Vessel’s Medical

Department Representative shall be trained to operate and maintain the AED.

C-8.4 Vessel must be equipped upon delivery to perform Refueling at Sea (CONSOL only) operations.

CONSOL drawings will be provided upon request.

C-8.4.1 A total of two (2) RAS receiving stations shall be installed that can receive a fueling rig with a ROBB or

NATO coupling during Replenishment at Sea (RAS) operations. The capability to perform the simultaneous transfer of up to two (2) different fuel products shall be met. RAS stations shall be installed in fore and aft positions, forward of the house, with two (2) stations on one side either port or starboard.

C-8.4.2 Stations will be forward of the manifold (no more than half way between the forward tanks and manifold) and about similar distance between the manifold and the house (allowing sufficient room for safe working of cargo hoses, installation of hard points to accept spanwires, etc.). Exact location would be based on specific vessel configuration and in cooperation with Military Sealift Command.

C-8.4.3 Reference consol drawings, Standard RAS Receiving Station Arrangement and Requirements, shall be used as guidance for installing RAS stations. Only rigging and fittings for the ROBB and NATO coupling configuration shall be installed. Since the probe received will not be required onboard, item numbers

1,2,5,6, and 7 listed on the reference drawing are not required to be installed. Item numbers 3 and 4 listed on reference drawing are to be sourced by the installing activity vice Government furnished.

C-8.4.4 Actual RAS stations (hard point for the spanwire, piping to the cargo system, etc) are provided by the owner. MSC will provide RAS equipement (station markers, boxes, probes, lights, paddles,etc).

C-9 LOADING AND DISCHARGING

C-9.1 General Loading and Discharging. The whole reach and burden of the Vessel shall be at the disposal of the

Charterer, reserving only proper and sufficient space for Vessel’s Master, Officers, and crew, tackle, apparel, furniture, provisions, stores, and fuel. The Charterer shall have the use of all cargo handling equipment onboard and the Owner shall provide sufficient power to operate all the Vessel’s cargo handling equipment simultaneously. The Vessel shall work night and day.

C-9.2 Cargo Quantity Limitation. In no case shall the cargo exceed what the Vessel can reasonably stow and carry, in the judgment of the Master, over and above the space and burden necessary for Vessel’s Officers and crew, her cabin, tackle, apparel, furniture, provisions, fresh water, stores, necessary ballast and fuel.

C-9.3 Detention or Standby. If by reason of the Owner’s failure to use diligence to keep the Vessel in a thoroughly efficient state of hull, machinery, equipment, personnel, and other particulars relating to the seaworthiness of the Vessel, the Charterer incurs cost of stevedoring detention or standby time in connection with the loading or discharging of cargo, such costs shall be for the account of the Owner, provided, however, the Owner shall not be liable for such costs unless the period of detention or standby time exceeds 20 minutes. The Charterer, within 24 hours after the period of detention or standby time commences, shall give the Owner or its representative written notice of the detention or standby time.

C-9.4 Lighterage. Lighterage, if any, will be at the risk and expense of the Charterer, except as otherwise provided herein. For each evolution when scheduled, Owner shall obtain spill prevention booms for use during lightering operations and adequate fendering for alongside operations and be able to lighter (skin to skin) from another tanker. Contractor shall arrange oil spill protection and cleanup. Any items used by

Contractor herein are reimbursable.

C-9.5 Terminal Worker Damage. The Charter’s liability for damages caused by the tortuous or wrongful acts and omissions of government officials, personnel, and employees, including government terminal workers, is governed by Federal law. Nothing in this Charter waives, or should be interpreted as a waiver, of the sovereign immunity of the United States.

Before submitting a claim or a request for equitable adjustment under the terms of the Disputes clause of this Contract, see FAR 52.233-1 (Alt I), for damage or loss caused by governmental terminal workers, the

Contractor shall exhaust its administrative remedies for the tortuous or wrongful acts or omissions of government officials, personnel, and employees. Any claim or request for equitable adjustment seeking reimbursement for loss or damage to property based on the negligent or wrongful acts of government officials, personnel, or employees, submitted to the Contracting Officer for consideration or adjudication under the terms of the Dispute clause not previously presented to the authority based on tort concept, may, in the sole discretion of the Contracting Officer, be returned to the Contractor without action or forwarded to the authority responsible for the adjudication of claims brought against the United States based on tort concepts as a matter under its cognizance.

C-9.6 Injurious Cargoes. No injurious cargoes, including acids that are injurious to the Vessel, are to be shipped.

C-9.7 Carriage of Non-Clean Products. The Charterer shall have the right to carry dirty petroleum products excluding crude oil at any time during the currency of this Charter Party and also the right to change from dirty petroleum products to clean petroleum products any time during the currency of this Charter Party, it being understood that any time and expense involved in cleaning the tanks to carry clean petroleum products after carrying dirty petroleum products shall be for the Charterer’s account.

C-9.8 Oil/Water Interface Point. The Vessel shall establish, immediately upon completion of loading and immediately prior to discharge, either by manual or electronic means, the oil/water interface point in all cargo tanks and record such readings in Vessel’s logs.

C-9.9 Ballast Discharge. The Vessel shall be capable of discharging ballast while loading cargo and of taking on ballast while discharging.

C-10 GOVERNMENT PERSONNEL. Notwithstanding any restrictions in this Charter Party to the contrary, Owner agrees to embark and berth, using permanent or temporary living quarters, a maximum of five Government personnel, including supercargo and armed force protection personnel as provided for under the Force

Protection clause. In the event complying with this requirement exceeds the Vessel’s Certificate of

Inspection (COI), Owner will advise the Charterer and agrees to make reasonable efforts to obtain all appropriate waivers so as to allow the Vessel to carry such additional personnel. If Owner is unable to obtain the necessary waivers, Owner shall notify the Charterer immediately. The cost of any additional lifesaving equipment shall be for Owner’s account. The cost of berthing and victualing the Government personnel will be reimbursed at a not to exceed rate of $30 per day.

C-11 CADET. The Owner shall participate in programs for Merchant Marine Cadets for training of engine and deck cadets under the sponsorship of the U.S. Merchant Marine Academy and all accredited state maritime schools. Vessel(s) must be capable of accommodating a maximum of two cadets at all times. Available positions shall be distributed as equally as possible among the requesting schools. The carriage of cadets shall not interfere with the carriage of personnel assigned by the Government on either a temporary or permanent duty basis. Subsistence, quarters, and training (as required by the cognizant school) shall be provided by the Owner. Cadet wages and transportation costs shall be for the Owner’s account.

C-12 GOVERNMENT INSPECTION. The Vessel is subject to survey by a Government-identified surveyor and to inspection for suitability by other Government personnel, as specified in Section E.

C-13 RESERVED.

C-14 RESERVED.

C-15 DELIVERABLES.

C-15.1 The following documents, which must be under the Contractor’s name as Owner and the Vessel under U.S.

flag, shall be submitted to the Government 30 days prior to delivery of the Vessel:

a) Document of Compliance (DOC)

b) Certificate of Inspection (CG 841)

c) Current Q88 (Not more than 60 days old)

d) Certificate of Quality for last three (3) cargoes

e) Radio frequencies, telephone numbers, and other means of communicating with the Vessel

C-15.2 Reports and Documentation. The Master shall make regular reports to appropriate MSC Area Commander in regards to all matters that affect readiness to get underway. Equipment casualties, fuel consumption and personnel problems affecting the Vessel’s readiness shall be reported. The Vessel shall arrive on-station with a complete set of operating instructions, books, and technical manuals. The Charterer shall furnish the Master with all requisite instructions and sailing directions in writing, including COMSC Instruction 3121.9A, “Standard Operating Manual,” as revised. The Master shall exercise due diligence to observe all such orders and instructions of the Charterer in respect of the Charterer’s employment of the Vessel’s services.

Reports required of the Vessel include,…