N32205-16-R-3506.pdf

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-64 NAVAL STATI

NORFOLK VA 23511

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

38.5 M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

N32205-16-R-3506 20-Apr-2016

b. TELEPHONE NUMBER

757 462-3262

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 23 May 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

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

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

N32205

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CARROL S. WALKER

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

488330

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

TEL: EMAIL:

2 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

N32205-16-R-3506

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED

AMOUNT

Tug Services Firm Period

FFP

FOB: Destination

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED

AMOUNT

Tug Services Option 1

UNIT UNIT PRICE ESTIMATED

AMOUNT

Tug Services Option 2

UNIT UNIT PRICE ESTIMATED

AMOUNT

Tug Services Option 3

UNIT UNIT PRICE ESTIMATED

AMOUNT

Tug Services Option 4

PERFORMANCE WORK STATEMENT

971 East C Street Norfolk, VA 23511

Periods of Performance

PERIOD NAME DURATION COMMENCEMENT

DATE

END DATE

Firm Period 365 days 1 October 2016 30 September 2017 Option One 365 days 1 October 2017 30 September 2018 Option Two 365 days 1 October 2018 30 September 2019 Option Three 366 days 1 October 2019 30 September 2020 Option Four 335 days 1 October 2020 30 September 2021

Authorized Contractor’s Vessel

Name SHP Bollard Pull Name SHP Bollard Pull

Vessel specifications and Characteristics, as accepted by the Government at time of award, are incorporated by reference.

“T” = Tractor “RT” = Reverse Tractor “TS” = Twin Screw “SS” = Single Screw

STATEMENT OF WORK:

1. The Military Sealift Command (MSC) requests five (5) U.S. flag tugs to provide harbor support, ship handling and personnel transfer services for the region of Guam and surrounding waters. This contract is for requirements that cannot be satisfied with government owned, controlled or time-chartered vessels (both current and follow-on contracts). The actual work may vary considerably from the usage estimates contained herein.

2. The vessels under this contract shall have the following minimum characteristics:

CHARACTERISTIC

MINIMUM

CHARACTERISTIC

MINIMUM

FLAG USA CLASSIFICATION Documented compliance with a recognized marine safety program (examples of this include classification by recognized regulatory society, demonstrated adherence to American waterways operators responsible carrier program, ISM certification, etc.)

PROPULSION TYPE Three Tractor and Two Conventional Twin Screw

ENDURANCE 7 days endurance with a minimum operational range of 500 nm.

BOLLARD PULL Tractor (Min. 100,000 lbs.

bollard pull ahead.)

Twin Screw (Min. 50,000 lbs. bollard pull ahead.)

PASSENGER

CAPACITY:

12 people maximum in addition to master and crew, without provisions for victualing and berthing.

TRANSIT SPEED 11 knots minimum at 80% rated horsepower in moderate weather.

MAXIMUM DRAFT: 16 feet (salt water), fully laden.

SEWAGE CAPACITY Minimum of 24 hrs. MAXIMUM LENGTH

OVERALL:

110 feet

SURFACE

CONFIGURATION AND

FENDERING

Non-marking fendering, clean, sufficient and configured to prevent metal-to-hull contact with surface vessels.

SUBSURFACE

CONFIGURATION AND

FENDERING

Non-marking fendering, clean, sufficient and configured to prevent metal-to-hull contact with sub-surface vessels.

Fendering should be firmly secured to vessel along entire length. Fendering includes propeller guards, if applicable

BROW One brow to allow for the safe transfer of two passengers at a time. The brow shall be a minimum of two feet in width for the entire length. Such brow shall be of sufficient length to assure safe passage of personnel from the tug to the deck of a

MAXIMUM AIR DRAFT Tugs shall meet height restrictions of 24 ft. from the waterline to the top of the pilothouse. This does not include the height of the mast, which should not interfere for a carrier makeup.

Trident Submarine. The end of the brow shall be fitted with rubber-coated rollers or non-marking skids to prevent metal-to-metal contact between brow and submarine deck;

each side shall have handrails and midrails.

LINES Minimum 8 in.

circumference and sufficient for services under this contract.

CAPSTANS/WINCHES Sufficient for services performed under this contract

NAVIGATION

EQUIPMENT

Minimum required by the U.S.C.G for inland and international waters

COMMUNICATION

EQUIPMENT

Minimum required by the U.S.C.G. and FCC for inland and international waters

Notification: When tug service is requested, service shall be provided within the time specified in the “Required Response” boxes, below:

3. The following list, all-inclusive in neither scope nor description, is illustrative of the services to be performed under this Contract:

(a) Towing, twisting, mooring, berthing, docking, streaming, shifting, assisting, pulling, and escorting those vessel types identified in Attachment 1 to this Contract and miscellaneous other vessels, barges, submarines, crafts, hulls, sleds, derricks, lighters, and objects of whatsoever nature including anything carried thereon. Government reserves the right to use Government-owned, controlled, or chartered Tugs or vessels separately or jointly with Owner's Tugs in the performance of any services listed in this Contract.

(b) Transfers of pilots and Government Personnel by Tug.

(c) Tug emergency support services, including responses to weather conditions, threatening vessels, piers, dry-docks, or shore facilities; shipboard fires; vessels aground; vessel equipment failures; downed aircraft; oil spills; missions of mercy; collisions; ammunition mishaps; search-and-rescue operations; shipboard casualty; and National Defense Emergency

TIME REQUIRED NOTIFICATION

Straight Time: 0500 - 1700 hours local time, Monday through Friday, except weekends and Federal Holidays as directed by the COR. The start of the straight time will be set on a daily basis by the COR with 24 hour notification.

Tractor: 15 minutes

Twin Screw: 24 hours

Overtime: All hours not covered by straight time and all weekends and Federal Holidays.

Tractor: 15 minutes

Twin Screw: 24 hours

(d) Line handling

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

(f) Owner's Representative shall provide adequate staff and communications to promptly respond to Government's requests for services under this Contract on a 24-hour-day basis.

4. Within the geographical regions listed below Tug(s) may be ordered to any berth, dock, anchorage, wharf, place, open roadstead, submarine line, or alongside any vessel, barge, lighter, submarine, craft, hull, derrick, or object of whatsoever nature that the Government may direct, provided the Tug can lie always safely afloat except in harbors or waters where groundings are custom of the port.

Area of Performance Apra Harbor, Guam

HOURLY RATE STRUCTURE:

Firm Period Tractor Tug

Service Rate

Hourly Rate

Overtime

Firm Period Twin Screw Tug

1st Option Period Tractor Tug

1st Option Period Twin

2nd Option Period

2nd Option Period Twin Screw

3rd Option Period

3rd Option Period Twin

4th Option Period

4th Option Period Twin

i) Tug Service Rate: This rate applies for all types of services that the tug can perform and that are contemplated by this contract. This rate includes all of the following items: overtime (including but not limited to crew overtime/penalty time) unless a separate overtime rate is offered; penalty time; fuel costs; bonuses; payments; emoluments payable to the Master, Officers and crew for services under this contract; the cost, if any, of transit to and from the location; and any other costs incurred in responding to the Government's order. The Tug Service Rate shall be earned for the first hour of service, such service to be calculated from the date and time the tug reports in all aspects ready to perform at the location, time and date (but no earlier than the date and time specified in the order, unless agreed upon by the Government) specified in the Government order. Consecutive work shall not incur more than one Service Rate charge unless the Tug is released from government control between work.

ii) Hourly Rate: Each job shall earn the Hourly Rate, pro-rated to the nearest quarter hour, after completion of the first hour of service. The Hourly Rate will continue to be earned until the tug is dismissed by the Government.

iii) Cancelled Orders: Orders cancelled outside the required notification period shown in the Statement of Work will incur no charge. Orders cancelled within the required notification period will incur a charge equal to two hours at the hourly rate.

iv) Overtime: If offered, this hourly rate shall be added to the Hourly Rate for any work performed during overtime hours, as defined in this contract. If offered, it shall also be added to the Tug Service

Rate if the first hour of service covered by the Tug Service Rate starts or ends in overtime. This rate shall be pro-rated to the nearest quarter hour.

SUBSTITUTION OF TUGS:

1. Substitution of tugs is authorized, but only for good cause shown and only upon proper notice to the Government and approval of the Contracting Officer.

2. Any tug nominated to be a substitute tug under this paragraph shall result in no additional cost to the

Government, shall have substantially the same characteristics and shall be similarly fitted and otherwise equal or superior in performance to the tug for which it is being substituted. The use of the substituted tug shall result in no operational delay and shall not otherwise excuse any other performance required under this Contract.

3. Owner’s notification concerning substitution of tug must be made in writing to the Contracting Officer a minimum of 48 hours before non-availability of the contract vessel except where urgency precludes written notice. If urgency precludes written notice, Owner shall give oral notice and shall confirm in writing within 48 hours of receipt of Government's order. Notice of substitution shall include all information required for Government to make a determination that the substitute meets the Government’s minimum requirements.

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

ORDERING:

1. METHOD OF ORDERING:

(a) Orders may be issued by:

i) DD Form 1155 (via facsimile, hardcopy or electronically); or

ii) Orally (To be confirmed in writing within 48 hours).

(b) Orders may be issued for:

i) A specific movement;

ii) A series of movements to be performed within a one month period.

2. SCHEDULE MINIMUM TOTAL ORDER QUANTITY: This contract may or may not incorporate a minimum guaranteed amount. The inclusion of a guaranteed amount is designated by a check in the boxes below:

(a) CONTRACT HAS A MINIMUM GUARANTEE:

i) The government guarantees that it will order a minimum amount of work that will have a dollar amount equivalent to the following:

Rate: Units

(b) CONTRACT HAS NO MINIMUM GUARANTEE.

GOVERNMENT PROVIDED SERVICES/FACILITIES:

1. The Government shall provide the following to the contractor:

(a) None

POINTS OF CONTACT:

1. CONTRACTING QUESTIONS:

(a) Contracting Officer, Mr. Carley Orvin (Franklin.Orvin@navy.mil) or telephone (757) 341-4628.

(b) Contract Specialist, Mrs. Carrol Walker (Carrol.Walker@navy.mil) or telephone (757) 462-2996

2. ORDERING QUESTIONS:

(a) Contracting Officer’s Representative (COR) Dan Quicho, Director, Port Operations (J31/N31) Joint Region Marianas Naval Base Guam

(671) 339-6688, (671) 488-8721 and (671) 339-8219 Fax

(b) Assitant Contracting Officer’s Representative (ACOR) Willie Miranda, Port Operations (J31/N31) Joint Region Marianas Naval Base Guam, (671) 339-2370,

(671) 488-2889 Mobile and (671) 339-8219 Fax

3. OPERATIONAL QUESTIONS

(a) Richard Carmack, Program Analyst, PM2, (757) 341-3438

(b) Gladys Fisher, Project Officer, PM2, (202) 685-5775

SCHEDULE OF ESTIMATES:

Estimates: This contract will not incorporate a minimum guaranteed amount. This is provided for estimation only, and any difference in the actual experienced quantities shall not form the basis of any claim.

Firm Period Tractor Tug

CALLS/HOURS NUMBER OF TUGS TOTAL CALLS/

HOURS

Service Rate 127 Calls 3 381 Calls

Hourly Rate 127 Hours 3 381 Hours

Overtime 28 Hours 3 84 Hours

Firm Period Twin

CALLS/HOURS NUMBER OF TUGS TOTAL CALLS/

HOURS

Service Rate 23 Calls 2 46 Calls

Hourly Rate 23 Hours 2 46 Hours

Overtime 5 Hours 2 10 Hours mailto:Carrol.Walker@navy.mil

First Option Tractor

CALLS/HOURS NUMBER OF TUGS TOTAL CALLS/

HOURS

Service Rate 127 Calls 3 381 Calls

First Option Twin

CALLS/HOURS NUMBER OF TUGS TOTAL CALLS/

HOURS

Service Rate 23 Calls 2 46 Calls

Second Option Tractor

CALLS/HOURS NUMBER OF TUGS TOTAL CALLS/

HOURS

Service Rate 127 Calls 3 381 Calls

Second Option Twin

CALLS/HOURS NUMBER OF TUGS TOTAL CALLS/

HOURS

Service Rate 23 Calls 2 46 Calls

Third Option Tractor

CALLS/HOURS NUMBER OF TUGS TOTAL CALLS/

HOURS

Service Rate 127 Calls 3 381 Calls

Third Option Twin

CALLS/HOURS NUMBER OF TUGS TOTAL CALLS/

HOURS

Service Rate 23 Calls 2 46 Calls

Fourth Option Tractor

CALLS/HOURS NUMBER OF TUGS TOTAL CALLS/

HOURS

Service Rate 127 Calls 3 381 Calls

Fourth Option Twin Screw

CALLS/HOURS NUMBER OF TUGS TOTAL CALLS/

HOURS

Service Rate 23 Calls 2 46 Calls

This is provided for estimation only, and any difference in the actual experienced quantities shall not form the basis of any claim.

1. EMERGENCY SITUATIONS AND TRAINING.

(a) General. In the event that the Owner is unwilling or unable to perform those duties as directed, or to timely respond to emergency situations, and upon determination by the Pacific Fleet Commander or his designated representative that the emergency so requires, the Owner agrees to relinquish custody and control of one (1) tug to the Government in order to allow the Government to respond to the emergency situation using the Owner’s tug/equipment augmented in whole or in part by a Government crew. Such determination shall be provided to the Tug Master or designated representative by the Contracting Officer or the Contracting Officer’s Representative (COR). The period of Government operation and control shall not exceed that time required to respond to the emergency and properly return the tug to Owner’s control.

(b) Mitigation. Owner’s release of the tug for emergency operation by the Government shall serve to mitigate

Owner's liability, if any, under the Termination for Cause clause of this contract. See FAR 52.212-4. The value of the release of tug to the Government shall be offset against the Contractor's liability under the Termination for Cause clause. During a period of partial or complete augmentation of crew by the Government, as a result of default, the Owner shall not be entitled to any payment of hire.

(c) Owner Responsibility. The Owner shall cooperate and provide assistance in reactivation of the tug from cold iron and provide any other assistance directed by the authorized Government representative(s).

(d) Government Responsibility. The Government shall be responsible for loss or damage to the tug during periods of complete crew augmentation by the Government. During periods of partial crew augmentation, the Government shall be liable for damages resulting from Government action in accordance with the Federal Tort Claims Act.

(e) Condition of Default. Any failure, untimely response, or refusal to perform any of the services outlined in this contract may be considered a condition of default under this contract, unless otherwise excepted.

(f) Training. The Owner shall provide the use of the Tug and master and crew to train Government personnel in the operation of the Tug as directed in writing by the Contracting Officer or COR; said writing to be provided at least 24 hours in advance of the training. The training shall not be “crew augmentation” for purposes of subsection (f)(1) of this section. The Owner shall not be relieved of responsibilities under the section titled "CONTRACT NOT A DEMISE" of this contract during training. See clause 52.212-4 Addendum A, paragraph 2(a).

(1) Such training shall include, but not be limited to, the full operation of the tug (e.g., reactivating from cold iron; underway operation; and towage of vessels/submarines). Training shall include hands-on exercises and shall be conducted to ensure that Government personnel are able to properly, effectively and safely augment or replace the Owner's crew. Training shall be of sufficient quality to allow for partial or complete augmentation of the contractor’s crew.

(2) Training shall take place during normal operating hours.

(3) The time spent training Government personnel and participating in exercises shall be accomplished by placing an order under Paragraph 9 of the Contract. Payment for the first hour of training Government personnel shall be at the service rate; subsequent hours shall be at the hourly rate.

2. EMERGENCY SITUATION TRAINING PLAN. No more than 30 days after this modification, the contractor shall submit a proposed training plan to meet the requirements of the Emergency Situation and Training clause. A final plan shall be submitted no later than 30 days after receipt of the Government comments on the proposed plan.

INSURANCE, WAR AND RISK

INSURANCE:

1. VESSEL OWNERS INSURANCE

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

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

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

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

2. WAR:

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

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

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

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

3. GOVERNEMENT WAR RISK INSURANCE / INDEMNITY

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

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

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

(c) War Risk Protection and Indemnity insurance covering all liabilities up to an amount of $250,000,000; War

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

(d) Government Indemnity: Under the authority of Public Law 85-804 (72 Stat. 972, August 28, 1958) and

Executive Order 10789, as amended by Executive Order 11610, the Secretary of Defense or the Secretary of the Navy may authorize the Contracting Officer to indemnify the Owner against loss from risks that would be covered by MARAD war risk coverage as set forth in the paragraph entitled “Government War Risk Insurance” directly above.

PLANS AND REPORTS

PLANS AND REPORTS

1. STRIKE CONTIGENCY PLAN:

(a) The contractor shall provide and maintain a strike contingency plan that describes how services will be provided if there is a labor strike or any other deficiency of Master or crewmembers. The plan must be practicable and must clearly state the means and method for vessel manning during a strike or labor action and for providing services in the face of disruptive measures typical of a strike situation. Award of the contract shall indicate the Contracting Officer’s approval of the plan, whose approval shall not be unreasonably withheld.

(b) The contractor shall update the plan as necessary but no less frequently than yearly and not later than 30 days before the last day for the exercise of each option to extend contract term. Exercise of an option to extend the term of the contract shall indicate the Contracting Officer’s approval of the updated plan, whose approval shall not be unreasonably withheld.

2. VESSEL CASUALTY PLAN:

(a) The contractor shall provide and maintain a vessel casualty plan that describes how services will be continued if there is a casualty to the Vessel or to a system that makes the Vessel inoperable or incapable of safely providing a required service. The plan must be practicable and must clearly state the means and method for timely acquisition and deployment of a substitute vessel in the event of a vessel casualty.

Award of the contract shall indicate the Contracting Officer’s approval of the plan, whose approval shall not be unreasonably withheld.

(b) The contractor shall update the plan as necessary but no less frequently than yearly and not later than 30 days before the last day for the exercise of each option to extend contract term. Exercise of an option to extend the term of the contract shall indicate the Contracting Officer’s approval of the updated plan, whose approval shall not be unreasonably withheld.

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

4. COMPLIANCE: All vessels shall be compliant with all applicable Federal and state laws and regulations and in particular, with all applicable U.S. Coast Guard regulations for vessels and their operation.

REIMBURSABLE ITEMS:

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

1. PASS THROUGH REIMBURSABLE EXPENSES

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

(b) To be eligible to receive reimbursement for services and supplies identified in this contract as reimbursable items and obtained in support of this contract, the Contractor must obtain at least three quotes for each transaction in excess of $3,000 to ensure that adequate price competition was sought or the Contractor must provide an acceptable justification as to why it was impracticable to do so. In the case of fuel purchases, unless directed otherwise by the Contracting Officer, the Contractor shall provide the documentation listed in subparagraphs (i) through (iii) below to the Contracting Officer for approval prior to purchasing fuel.

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

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

(ii) Identification of the proposed subcontractor and price

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

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

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

(d) When the Contractor expects total funding expended for reimbursable items to reach 85 percent of the total funds available on each Reimbursable Supplies and Services CLIN, the Contractor shall notify the Contracting Officer and the COR and any other Government official identified by the Contracting Officer.

The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule. The Contractor shall not exceed or incur costs that exceed the amount of funding stated on each Reimbursable Supplies and Services CLIN at the time a reimbursable item is ordered.

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

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

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

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

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

Passengers, Supercargo And Government Representatives:

(a) Charterer’s Option: The Charterer shall have the option of carrying passengers, assigning officers and/or enlisted personnel aboard the Vessel for duty purposes and appointing supercargo (supercargo as used herein is both plural and singular) as far as accommodations and inspection certification allow and in accordance with COMSC Instruction 3120.19 as amended. If supercargo remains onboard for over 24 hours, Charterer shall, in accordance with the Pass Through Reimbursables clause of this Performance Work Schedule (See below, paragraph, pay an amount of $30.00 per day, per person, covering all expenses including accommodations and victualling. Owner shall victual all other U.S. Government representatives, pilots, and Customs Officers when authorized by Charterer. Charterer shall pay $7.00 per meal for all such authorized and approved victualling provided as a result thereof.

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

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

LIST OF VESSEL CLASSES:

1. Given below is a list of vessel classes that are likely to be supported during the term of any contract resulting from this RFP. The list is for demonstration purposes only and is not a guarantee of vessel types to be supported.

. AE . AFDM . AFS

. AGDS . AO . AOE

. AOR . AR . ARD

. ARS . AS . ASR

. ATF . AVM . CG

. CGN . CV . CVN

. DD . DDG . FF

. FFG . IX . LPH

. LHA . LHD . LKA

. LPD . LSD . LST

. MSO . SS . SSBN

. SSN . Or foreign military vessels equivalent to any of the above

WAGE DETERMINATION

1. Wage Determination (2010-0205 Rev.9) is incorporated into this contract and is available upon request. Offerors are required to pay the heath and welfare at Rev. 9 but the daily employee rates at Rev. 7. Please contact Carrol Walker (carrol.walker@navy.mil) or Carley Orvin (franklin.orvin@navy.mil) to obtain wage determination.

FUNDING

1. Funding will be provided with each individual task order. Expenditures may not exceed the funding on any task order for that purpose.

OTHER SERVICES, RESPONSIBILITIES, PLANS AND REPORTS:

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

TUG COMPLEMENT AND CREW:

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

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

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

Contractor name shall be visible on the upper back of uniforms.

mailto:carrol.walker@navy.mil mailto:franklin.orvin@navy.mil

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

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

6. SECURITY CLEARANCES. (RESERVED)

WAWF INSTRUCTIONS

MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (AUG 2012)

The information contained in this instruction is supplemental to DFARS 252.232-7006.

The information contained in the table in DFARS 252.232-7006 is for WAWF purposes only. Information included in DFARS 252.232-7006 and this WAWF instruction apply only to WAWF Invoicing and WAWF Receiving Reports. Contradictory information elsewhere in this contract, e.g. Ship to DoDAAC, shall be followed per the terms and conditions of the contract.

When entering the invoice into WAWF, the Contractor shall fill in the DoDAAC fields or DoDAAC extensions exactly as shown in the table in DFARS 252.232-7006. Fields that should not be filled in when entering the invoice into WAWF will be indicated with the direction, "Leave Blank."

In some situations the WAWF system will pre-populate the "Pay DoDAAC," "Admin By DoDAAC" and "Issue By DoDAAC." The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the information in the table in DFARS 252.232-7006. If these DoDAACs do not match, then the Contractor shall correct the field(s).

If Receiving Reports are required, ensure that the "Inspection" and "Acceptance" defaults of "destination" for both fields are not changed in the WAWF online interface.

The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract document including CLIN number (e.g. 0001), Quantity (may be adjusted for actual quantity or dollar value delivered and invoiced), and Unit Price (e.g. $1.00). The dollar amounts on each CLIN or SubCLIN on the WAWF invoice shall reflect final performance values, but in no instance can the dollar amount for each CLIN or SubCLIN exceed what is specified in the contract document. The Contractor shall bill to the lowest level, e.g., the SubCLIN level. The Quantity and Unit of Measure fields must be filled out exactly as indicated in the CLINs and SubCLINs to reduce the possibility of the invoice being delayed or rejected during processing.

Before closing out of an invoice session in WAWF, but after submitting the document or documents, the Contractor will be given the option to send additional email notifications by clicking on the "Send More Email Notifications" link that appears on the page. The Contractor shall click on this link and add the Technical Point of Contact's (TPOC) or Contracting Officer's Representative's (COR) email address in the first email address block and add any other additional email addresses desired in the following blocks. This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF system.

(End of instructions)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.216-18 Ordering OCT 1995 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.203-7996 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation.

NOV 2015

252.203-7997 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements

NOV 2015

252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 (Dev) Compliance with Safeguarding Covered Defense Information

Controls

DEC 2015

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2015

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea APR 2014 52.203-2 Certificate Of Independent Price Determination APR 1985

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal…