N32205-16-R-3502_Sept_20 _2016.pdf

CODE

(Hour)

PAGE(S)

until local time

X

A

X B

X C X D

EX

X

G

F 73 - 82

83 - 92

X H 93 - 96

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA

FAR (48 CFR) 53.214(c)

1 96

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N32205 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2

3 - 18

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

19 - 33

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

35 - 38

39 - 41 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 42 - 45 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 46 - 61 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

62 - 71

PART II - CO NTRACT CLAUSES

MILITARY SEALIFT COMMAND NORFOLK

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

NORFOLK VA 23511-2419

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

20 Sep 2016

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N32205-16-R-3502

Section A - Solicitation/Contract Form

SECTION A

RFP

UNDER FAR PART 15

PREAMBLE

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

2. The Charter, when awarded, will consist of the completed Standard Form SF-33, this Preamble, the Box format included in Section B as completed by the offeror, Section B “Supplies or Services and Prices” through Section

J “List of Attachments,” and all Attachments listed in Section J as completed by the offeror.

3. The signature of the Contracting Officer on the SF-33 signifies acceptance of the Contractor’s offer and award of the Charter. The SF-33, the Box format, Sections B through J, and Attachments listed in Section J contain in full all of the amendments, references, responses, deletions, additions and interlineations made by both parties to the RFP and the proposal as of the Charter Party date. In the event that there is any inconsistency between the terms and conditions of this solicitation and those in an Offeror’s proposal, this solicitation shall control, unless the Offeror clearly indicates that it has offered terms and conditions inconsistent with this solicitation and the Government has accepted the changed terms and conditions. All references to boxes in Section B through

M shall be to the Box format of Section B unless otherwise stated.

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

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 365 Days

CHARTER HIRE - FIRM PERIOD

FFP

FFP

FOB: Destination

NET AMT

REIMBURSABLES - FIRM PERIOD

FFP

COST

1001 365 Days

OPTION CHARTER HIRE - OPTION 1

FFP

OPTION REIMBURSABLES - OPTION 1

FFP

2001 366 Days

OPTION CHARTER HIRE - OPTION 2

FFP

OPTION REIMBURSABLES - OPTION 2

FFP

3001 365 Days

OPTION CHARTER HIRE - OPTION 3

FFP

OPTION REIMBURSABLES - OPTION 3

FFP

4001 334 Days

OPTION CHARTER HIRE - OPTION 4

FFP

OPTION REIMBURSABLES - OPTION 4

FFP

B-1

B-1 Box Format

CHARTER BOXES

Vessel:

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

Solicitation Number (date):

N32205-16-R-3502 (19 September 2016) Contract Number (date):

1. Vessel Required:

See Section C-3

2. Place/Range of Delivery:

US Gulf/East Coast; port in CHOP

3. Place/Range of Redelivery:

US Gulf/East Coast; port in CHOP

4. Charter Period

Base period of 12-months with three 12-month option periods and one 11-month option period

5. Lay Days:

Commencing: 01 Aug 2017

Ending: 30 Sep 2017

To be narrowed bilaterally to a 5-day window 60 days prior to delivery to MSC.

6. 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 11)

PRICING DATA:

Daily Charter Hire

VESSEL

BOX NOS., VESSEL STATUS, AND EXPENDITURE TYPES

13. FOS

2521K

14. Reserved 15. Reserved

Firm Period (12-Months) $ N/A N/A

First Option (12-Months) $ N/A N/A

Second Option (12-Months) $ N/A N/A

Third Option (12-Months) $ N/A N/A

Fourth Option (11-Months) $ N/A N/A

16. Reserved

17. Other costs

Vessel

A. Delivery Ballast Bonus: $

B. Redelivery Ballast Bonus: $

18. Delivery Date: Vessel: 19. Estimated Readiness Date:

VESSEL DATA:

20. Reserved

21. Vessel type and, if applicable, MARAD design type:

22. Place built: 23. Flag and Year built:

24. INMARSAT Identification No. 25. Vessel's e-mail/fax:

26. Call Letters: 27. Official Number:

28. Net registered tonnage: 29. Panama Canal tonnage:

30. Gross registered tonnage: 31. Suez Canal tonnage:

32. Beam (extreme)

a. ft: b. m:

33. Length Overall:

a. ft: b. m:

34. Immersion (on draft in Box 36):

a. LT/in: b. t/cm:

35. Length between perpendiculars:

a. ft: b. m:.

36. Summer mean draft:

a. ft b. m:

37. Deadweight capacity (on draft in Box 36)

a. LT: b. t:.

38. Displacement, loaded (on draft in Box 36):

a. LT/in: b. t/cm:

39. Summer Load Line Freeboard:

a. ft: b. m:.

40. Shaft Horsepower:

a. hp: b. kW

41. Brake Horsepower:

a. hp: b. kW:

42. Nationality of Master, Officer, and crew: 43. Number of people other than crew that can be carried:

44. Classification society entered and class assigned:

45. ISM certification? _____Yes _____No If yes, expiration date:

46. Insured value of Vessel (USD): 47. Vessel's present position/destination:

48. Last drydock date (mm/dd/yy): 49. Next drydock date (mm/dd/yy):

50. MarAd subsidized vessel? _____Yes _____No

51. Oil-pollution liability P&I coverage (maximum USD):

52. Member of ITOPF? _____Yes _____No

CARGO ARRANGEMENTS:

53. Number of cargo tanks: 54. Number of natural segregations with double valves:

55. Number of grades of cargo that can be loaded/discharged simultaneously, using separate lines, pumps, and manifold connections:

56. Cargo cubic capacity (98% full ex slop tanks)

a. Bbls: b. m

57. Segregated clean ballast tank cubic capacity (98% full)

a. Bbls: b.. m

58. Slop tank capacity (98% full)

a. Bbls: b. m

59. List cargo tanks , coating type for each tank, and date of each coating:

61. Manufacturer/type/designation of tank coating(s):

62. Number of manifolds on each side: 63. Composition of manifolds:

64. Distance, bow to center manifold:

a. ft.: b. m:

65. Distance, stern to center manifold:

a. ft.: b. m:

66. Distance, rail to center manifold:

a. ft.: b. m:

67. Distance, deck to center manifold:

a. ft.: b. m:

68. Last cargo: 69. Next-to-last cargo

70. Heating coils/composition (describe):

71. Inert gas system (describe):

72. Vapor recovery system (describe):

PUMPS

73. Number and type of cargo pumps:

74. Capacity of cargo pumps (at 100 psi at manifold):

a. Bbls per hour: b. m per hour:

75. Number and type of stripping pumps:

76. Capacity of stripping pumps (at 100 psi at manifold):

a. Bbls: b. m

GEAR

77. Number, location, and SWL capacity of winches, derricks, booms, and cranes:

MOORING ARRANGEMENTS

78. Number, location, brake holding power of mooring winches:

79. Number, length, and diameter of wires:

80. Breaking strength of wires:

81. Number, length, diameter of mooring ropes:

82. Breaking strength of mooring ropes:

CASUALTIES/DEFICIENCIES

83. Has Vessel been involved in any serious grounding, collusion or within a period of three years from the submission date of this proposal? If yes, include a full description.

84. Has Vessel been involved in any pollution incident within a period of five years from the submission date of this proposal? If yes, include a full description.

85. Are any deficiencies lodged by any regulatory body outstanding against the Vessel. If yes, include a full description.

INSPECTIONS

86. List oil company vetting inspections conducted during the past year and date of expiration.

FUEL CONSUMPTION AT VARIABLE SPEEDS:

87. Average warranted speed (knots, for laden, moderate weather):

88. Average warranted speed (knots, for ballast, moderate weather):

89. Average fuel consumption (net Barrels per day and grade(s)) for laden, moderate weather passage at speed identified in Box 87:

Fuel Warranted Fuel Consumption Fuel Warranted Fuel

Consumption

IFO-180 DFM

IFO-380 MGO

F76

90. Average fuel consumption (net Barrels per day and grade(s)) for ballast, moderate weather passage at speed identified in Box 88:

Fuel Warranted Fuel Consumption Fuel Warranted Fuel

Consumption

IFO-180 DFM

IFO-380 MGO

F76

91. Auxiliaries underway fuel consumption (net Barrels per day and grade(s), only if not elsewhere identified) to include 10 sets of tank cleanings per year:

Fuel Warranted Fuel Consumption Fuel Warranted Fuel

Consumption

IFO-180 DFM

IFO-380 MGO

F76

92. In port period fuel consumption (net Barrels per day and grade(s)):

Fuel Warranted Fuel Consumption- Loading Discharging Maneuvering

IFO-180

IFO-380

F76

DFM

MGO

93. Average fuel consumption (net Barrels per day and grade(s) for all engines/auxiliaries utilized while underway in heavy weather (Beaufort Force 5 and above) passages at the speed, ranges, and grade(s) indicated):

Fuel Warranted Fuel Consumption Fuel Warranted Fuel

Consumption

IFO-180 DFM

IFO-380 MGO

F76

94: Grades Consumed:

95a. LADEN TO SUMMER MARKS (Moderate) 95b. BALLAST (Moderate)

Knots Net Barrels per day

Operating Range (NM) Knots Net Barrels per day

Operating Range (NM)

6> 6>

7> 7>

8> 8>

9> 9>

10> 10>

11> 11>

12> 12>

13> 13>

14> 14>

15> 15>

16> 16>

17> 17>

18> 18>

19> 19>

20> 20>

21> 21>

22> 22>

23> 23>

24> 24>

25> 25>

96. Minimum Vessel fuel specifications:

97. Cancellation Fee: The Contractor and Government agree the purpose of this clause is to induce the

Contractor to offer and to provide the required services when the Contractor otherwise would not offer to provide them because of the Contractor's inability to recover its out-of-pocket costs in the event the Government does not exercise an option to extend the term of the contract or terminates the contract for the convenience of the Government.

In the event the Government does not exercise an option to extend the term of the contract or terminates the contract for convenience, the Contractor shall be entitled to not-to-exceed cancellation costs subject to the following conditions and according to the Following schedule:

Prior to Delivery (of vessel or layberth) $

Vessel Acquisition $

Reflagging $

Modification/Conversion $

During Base Performance Period $

Vessel Acquisition $

Reflagging $

Modification/Conversion $

During 1st Option Performance Period $

Vessel Acquisition $

Reflagging $

Modification/Conversion $

During 2nd Option Performance Period $

Vessel Acquisition $

Reflagging $

Modification/Conversion $

During 3rd Option Performance Period $

Vessel Acquisition $

Reflagging $

Modification/Conversion $

During 4th Option Performance Period $

Vessel Acquisition $

Reflagging $

Modification/Conversion $

"Cancellation costs" means, and only means, costs specifically identified by the Contractor in its proposal and actually incurred by the Contractor between contract award and vessel delivery to the

Government including, and limited to, the following categories of costs: costs incurred by the

Contractor for vessel acquisition, reflagging costs and modification, or conversion costs, and only to the extent such modification, or conversion costs were incurred in order for the vessel to meet contract requirements. The Government will ensure it has sufficient working capital funds for these cancellation costs.

97 cont.

When requesting payment of cancellation costs, the Contractor shall provide evidence satisfactory to the Contracting Officer verifying that Contractor actually incurred the specified categories of cancellation costs prior to delivery of the vessel to the Government and the amount thereof.

The cancellation costs must be reasonable, allowable, and allocable to the contract as defined in FAR

31.201. The Government will not be obligated in any event to reimburse the Contractor for the specified categories of cancellation costs in excess of the amount allotted in the schedule above for each contract period regardless of anything to the contrary in the clause entitled "Termination for

Convenience of the Government." The Contractor agrees that payment of the specified cancellation costs according to the schedule above for any contract period fully compensates the Contractor for the specified categories of cancellation costs. The Contractor waives any right it may have to claim any additional costs for the specified categories of cancellation costs in the event such cancellation costs become payable, whether as a result of a termination for convenience or as a result of the

Government's failure to exercise an option. As used in this clause, the total amount payable by the

Government for the specified categories of cancellation costs in the event the Government does not exercise an option or terminates the contract for convenience is as set forth in the schedule above.

This clause does not limit the rights of the Government under the clause entitled "Default" or under the clause entitled "Termination for Convenience of the Government."

Note: Pursuant to 10 USC§2401, the Government is prohibited from entering into a vessel lease or charter that contains a substantial termination liability. Offerors who submit substantial termination liabilities will not be considered for award. A substantial termination liability is defined by the statute as:

i. An agreement by the U.S., under the contract, to pay an amount greater than 25% of the value of the vessel for the termination liability; or

ii. An agreement by the U.S., under the contract, to pay an amount greater than 50% of the value of the vessel for the sum of the termination liability and the value of the total payments attributable to capital-hire.

This clause does not limit the rights of the Government under the clauses entitled “Default,”

“Termination for Convenience of the Government,” “Loss of Vessel,” “No Cost Cancellation –

Deficiencies,” “Remedies,” or “Excessive Time Lost.” The clauses entitled “Default,” “Loss of

Vessel,” “No Cost Cancellation – Deficiencies,” “Remedies,” and “Excessive Time Lost” are not subject to cancellation costs.

B-2 CHARTER HIRE

B-2.1 Hire Rates. Charter hire for services under this Charter Party shall be payable at the applicable rates stipulated in Box 13 and shall be earned at the expiration of each 15 days of the charter period. Except as otherwise provided herein, said hire rates shall be considered payment in full for all services of the

Vessel and Associated Equipment under this Charter including all overtime (including but not limited to crew overtime/penalty time required for the opening and closing of hatches), 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 including the carriage of ammunition and hazardous cargoes. Said hire rates are exclusive of the costs of fuel and port charges, which are addressed at Section H-14 (Fuel) and H-12 (Port Charges and Expenses) below, respectively, and other stevedoring costs such as loading, securing and discharging cargo, which are addressed in Section C-9

(Loading and Discharging) below.

B-2.2 Loss of Vessel. Should the Vessel be either lost or missing and presumed lost, Charterer may, at its sole discretion, terminate this Charter, in which case 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. Similarly, should the

Vessel become a constructive total loss, Charterer may, at its sole discretion, terminate this Charter, in which case hire shall cease to be payable at the time of the casualty resulting in the constructive loss.

The Vessel shall be considered missing and presumed lost when, after a reasonable lapse of time, it fails to reach its next scheduled port and reasonable efforts to contact it fail.

B-3 Reimbursable Services. The Contractor may be required to purchase supplies and services to support the mission of the vessel. Reimbursement shall be in accordance with Section G. The following illustrates the types of reimbursable supplies and services which the Contractor may be required to purchase if authorized by the contract or as otherwise approved for purchase by the Contracting Officer.

EXP Type DESCRIPTION

25223 Agent Fees

25224 Pilot

25225 Tugs

25226 Security - Pierside

25226 Security - Shipboard

2522F Crew Travel

2522K Other Port Charges

26054 IFO Fuel

26053 MGO Fuel

23323 Voice Communications

23321 INMARSAT

2521R Other Lease Charter Costs

Section C - Descriptions and Specifications

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 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 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 15 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 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.