17R3002_OPDS_Solicitation.docx

N32205-17-R-3002

Section B - Supplies or Services and Prices

SECTION B

SUPPLIES /SERVICES AND PRICES

1.0 General. The rates for services provided under this contract shall be payable at the applicable, fully loaded per diem rates stipulated in Section B rate schedule. Said payments shall be considered payment in full for all services, equipment, supplies, operation and maintenance of Government equipment, and all Contractor personnel under this contract, including all penalty time, bonuses, payments, and emoluments payable to Contractor personnel for services under this contract, irrespective of the geographic scope of said services, the carriage of hazardous cargoes (including explosives and ammunition), vehicular cargoes, bulk cargoes, and general cargoes. Said payments do not include those items specifically identified as reimbursable under this contract, which will be reimbursed in accordance with Section B-1.2 below. Payment of the per diem rate shall commence upon vessel delivery.

If there is any inconsistency between sections A through J of this contract and the Surge LMSR Technical Manual, sections A through J of this contract shall govern.

1.1 Per Diem Rate for Operation and Maintenance. Per Diem rates shall cover the cost of daily operation, maintenance, equipment, personnel, and service for the vessels, unless an expense is specifically listed in the contract as being reimbursable. Payment of the Contractor’s per diem rate shall commence upon vessel delivery.

1.2 Familiarization. The Contractor’s fixed price per diem shall include all effort required for ship familiarization (see Section C-3.5.2.1) for the specified timeframes prior to ship deliveries. This includes crew wages & fringes, travel cost, travel wages, training, insurance, administrative cost and any other costs associated with start-up costs not otherwise included in the offeror’s per diem rate. A break-down of these expenses shall be submitted with Attachment O, Pricing Forms A and C, due within 30 days of contract award (see Section F-6).

1.3 Reimbursable Items. Reimbursable supplies and services are those items specified in the contract as reimbursable, or otherwise pre-approved by the Contracting Officer. The reimbursement cost shall not include overhead, general and administrative costs, material handling costs, profit, or fees above the actual costs. See Section G for the documentation requirements for reimbursable items. The Contractor is responsible for ensuring that reimbursable expenses do not exceed funding expressly obligated to this contract by the Contracting Officer. All supplies, services, or expenses of any kind identified anywhere in this contract as reimbursable shall be reimbursable only pursuant to the terms and limitations provided at Section G. Some expenses identified as reimbursable are further restricted in reimbursement (e.g., requiring prior Contracting Officer approval, and must be within the limitation provided under the current Joint Travel Regulations (JTR)), and such further restrictions are provided in the sections identifying the expense as reimbursable.

For expenses that require pre-approval of the Contracting Officer or the Contracting Officer Representative, the Contractor will only be reimbursed if approval is obtained prior to the expense being incurred.

1.4 Estimates. All quantities are estimates unless specifically guaranteed and shall not serve as the basis for additional compensation under the contract.

1.5 Holidays. Holidays are defined as the ten (10) Federal Holidays specified at 5USC 6103(a):

Table 1: Federal Holidays per 5 USC 6103(a)

New Year’s Day, January 1.

Birthday of Martin Luther King, Jr., the third Monday in January.

Washington’s Birthday, the third Monday in February.

Memorial Day, the last Monday in May.

Independence Day, July 4.

Labor Day, the first Monday in September.

Columbus Day, the second Monday in October.

Veterans Day, November 11.

Thanksgiving Day, the fourth Thursday in November.

Christmas Day, December 25.

1.6 CLIN Structure. The CLIN structure may be unilaterally changed by the Government anytime during the life of the contract to accommodate the funding format. The Government may also unilaterally use incremental funding and set the schedule of funding in accordance with DFARS 252.232-7007.

1.7 Continuing Rate. If a vessel has a voyage in progress on the date of contract expiration, the applicable per diem rate for that vessel for the period beyond the expiration date shall be the per diem rate that is in effect on the last day of the contract for that vessel.

1.8 Reduced Operating Status (ROS). The per diem rates for ROS will only include direct costs for expenses other than wages and fringes (i.e. training, insurance, and other ship expenses), indirect costs, G&A, and Profit. Crew wages/fringe costs and provisioning for ROS will be negotiated on a case-by-case basis prior to a ship entering ROS, and will be based on specific crew requirements.

1.9 Repair Availability (RAV). The per diem rates for RAV will only consider direct costs for expenses other than wages and fringes (specifically costs for insurance and other ship expenses), as well as indirect costs, G&A and Profit. Crew wages/fringe costs and provisioning for Repair Availability (RAV) will be negotiated on a case-by-case basis prior to a ship entering RAV, and will be based on specific crew requirements. If the crew is not able to mess and berth aboard the vessel during RAV, associated crew travel and per diem will be reimbursed by the Government in accordance with DoD Joint Travel Regulations (JTR) in effect at the time of travel.

1.10 Full Mission Operating Status (FMOS): The per diem rates for FMOS are separate from the FOS per diem rates established under the contract and are payable in accordance with Section C-1.7.1.1.1. The additional FMOS crew is identified within Section 19 of the Technical Manual (Attachment A).

1.11 Full Operating Status (FOS): The proposed per diem rates should include a two-day on board turnover period when replacing shipboard key billets. The contractor’s firm-fixed-price FOS per diem rates shall include the full wages and fringe benefits for each crewmember for an eight-hour workday, seven days per week (56 hours per week per person), and 365 days per year (including all holidays). In addition, any overtime incurred for the purpose of maintaining required “watches” shall be part of the firm-fixed-price per diem. This includes the routine gangway watch, also referred to as the gangway security watch, which includes roving patrol duties.

1.12 Contractor’s Account. All overtime, penalty time, bonuses, and other emoluments, payable for whatever reasons, shall be for the Contractor’s account except those specifically authorized by the contract or approved by the Contracting Officer.

FUNDING INFORMATION ONLY

Two CLINs (Per Diem and Reimbursables) are provided for each contract year. This is subject to change at the discretion of the Government.

REIMBURSABLE SERVICES - Following are reimbursable expenditure types which may be used for reimbursable elements of the contract if authorized by the contract or approved by the Contracting Officer.

TABLE OF EXPENDITURE TYPES

25213[footnoteRef:1] [1: Not a reimbursable item. Included in the table to illustrate the expenditure type. ]

Operating Hire (not a reimbursable noted only to illustrate expenditure type)

1.11 Rate Schedule (to be completed upon award). The following per diem rates shall be payable in accordance with Section B-1.8 and 1.9 above.

Year One Fixed Price

FFP

August 01, 2017 - July 31, 2018 365 days

FOS

FMOS

ROS

RAV

FOB: Destination

NET AMT

Year Two Fixed Price

August 01, 2018 - July 31, 2019 365 days

FOS

FMOS

ROS

NET AMT

Year Three Fixed Price

August 01, 2019 - July 31, 2020 366 days

FOS

FMOS

ROS

NET AMT

Year Four Fixed Price

August 01, 2020 - July 31, 2021 365 days

FOS

FMOS

ROS

NET AMT

Year Five Fixed Price

August 01, 2021 - July 31, 2022 365 days

FOS

FMOS

ROS

NET AMT

Section C - Descriptions and Specifications

SECTION C

PERFORMANCE WORK STATEMENT

1. OPERATIONS AND MANNING

0. GENERAL OPERATIONS

0. Scope of Work/Mission. The Contractor shall operate the Offshore Petroleum Discharge System (OPDS), consisting of one U.S. flagged self-sustaining vessel (USNS VADM K.R. WHEELER), one tender boat (FAST TEMPO) and supporting associated equipment and systems. The ship, tender boat and equipment shall be operated in a professional manner, maintained in good condition, and shall be mission-ready at all times. The OPDS will operate in the Military Sealift Command (MSC) Prepositioning Fleet and may perform other Government missions. The OPDS deploys, operates and redeploys a system capable of delivering fuel from a tanker or fuel barge to the high water mark of a designated beach site. OPDS vessel capability also includes delivery to a fuel barge, lighterage or pier from up to eight miles off shore in support of the US Navy Prepositioning Program, in addition to any other services/capabilities described under this contract. In order to accomplish this unique and highly technical task, the OPDS ship shall be manned by a contingent of Coast Guard endorsed commercial mariners to perform customary shipboard duties, and shall also be manned by a contingent of OPDS Mission Specialists who are trained in all aspects of handling, stowage, maintenance, repair, deployment and recovery of the rough bore high pressure static flow steel flexible pipeline and attendant equipment. Any further references to “ship” or “ships” in the following Performance Work Statement shall be interpreted as applying to the OPDS.

0. Directives. The MSC Instructions and the OPDS Technical Manual provide additional details to the Statement of Work Section C for the execution of this contract. The MSC Standard Operating Manual (SOM), COMSCINST 3121.9 (Series), provides policies and procedures pertaining to the operation and administration of the MSC fleet and provides a guide to other more definitive instructions. Masters shall be familiar with the SOM content and the OPDS Technical Manual.

0. Order of Precedence In the event Section C conflicts with an MSC Instruction, the OPDS Technical Manual or the Standard Operating Manual, Section C shall take precedence.

0. Operational Control (OPCON). Operational Control will be exercised by the Operational Commander. The OPDS is projected to operate in worldwide service generally under the ultimate operational control of a Numbered Fleet Command. The Operational Commander will provide to those shipboard personnel with a SECRET Security Clearance a classified Operation Order (OPORD) or Sailing Order (SAILORD) that specifies exactly how the mission will be accomplished. Delay or diversion from operations will be reported immediately to the Operational Commander.

0. Concept of Operations. The contractor shall operate the ships and related ship systems and equipment in accordance with U.S. Code of Federal Regulations and the American Bureau of Shipping (ABS) rules and regulations. At contract performance commencement and throughout the performance period of this contract, it is anticipated that all of the ships will be in Full Operating Status (FOS) except as noted below. The ship will remain in the Western Pacific Region for maintenance of equipment and overhaul. During these cargo maintenance and ship overhaul periods, the Government may direct ships to be placed into a Reduced Operating Status (ROS). Anticipated OPTEMPO is described below:

0. Area of Operations. Area of operations is worldwide. The OPDS is designed for extended, independent underway operations in remote geographic locations. The Contractor shall ensure the OPDS is properly manned to be self-sufficient in operations and maintenance as part of the mission requirement. The OPDS will be capable of deployment to worldwide locations within 24 hours of notification by the OPCOM designated by the U.S. Navy. Any additional personnel or equipment required to deploy the OPDS at the required employment site must be capable of arriving onboard the OPDS fully ready to deploy the system within seven days of the notification. The OPDS will be prepositioned in the Western Pacific. However, the Government reserves the right to utilize the OPDS in additional locations for any program or mission.

0. Operating Tempo (OPTEMPO). The Government estimates that the ship will spend the majority of the time fully manned in FOS status during the contract performance period. FOS OPTEMPO typically consists of 86% in port operations (at anchor or pier side) and 14% underway operations. Actual in port and underway percentages may vary. Underway periods consist of independent steaming, training operations, transits to/from selected ports for maintenance, or for the deployment/recovery of the OPDS.

4. Full Mission Operating Tempo. The Contractor shall include in the FMOS budget line item costs to sustain a minimum of two exercises, per Option period, of transiting, sonar scanning, pipeline deployment and pipeline recovery, each exercise to be of 10-days in length (See Section C- 4.3.1).

0. WEATHER OPERATIONS

5. Weather Information and Ship Routing. In accordance with COMSCINST 3121.9 (series), the Master prior to ship’s departure, shall include in the MOVEREP a request for the Naval Oceanography Centers to provide Optimum Track Ship Routing (OTSR). Routes assigned by the OTSR via formal naval message program are in the form of recommendations to the OPDS Master. Notification calls from the cognizant MSC Area Command or COMSC shall be considered the same as receiving OTSR by Navy Meteorological Command recommendations.

5. Severe and Destructive Weather Plan. The Severe and Destructive Weather Plan identifies those measures to be taken by the crew to prepare the OPDS for severe weather, to include getting underway in 48 hours or less, and shall be prepared in accordance with U.S. Coast Guard Certificate of Inspections (COI) Manning. The Contractor shall ensure the OPDS maintains and implements the Severe Weather Procedures in accordance with Operational Commanders’ guidelines and COMSCINST 3141.2 Series. When a hurricane condition is set in the Area of Operations (AOR), and any ship is inport or underway within the storm-related area, the OPDS shall submit an initial hurricane status report within one (1) hour of notification of the condition being set. In addition, the OPDS shall request OTSR in accordance with Section C-1.1.6.1 above. The Contractor shall ensure OPDS Masters request OTSR program routes during severe and destructive weather conditions Notification calls from the cognizant MSC Area Command or COMSC will be considered the same as receiving formal notification via naval message including Optimum Track Ship Routing (OTSR).

0. Administrative Control (ADCON). Administrative control will be exercised by the Military Sealift Command PM3 Prepositioning Program.

0. Port Services. The Government will furnish port services or reimburse the Contractor for actual costs of port services in accordance with Section G-8. Port services include tugs, pilots, berthing, potable water, feed water, shore power, spill-booms, docking, trash and garbage removal, oily waste removal, sewage removal, hazardous materials removal, line handlers, communications expenses for embarked military and sponsor personnel, and launch services. When Government port service contracts are in place, the Contractor shall utilize these contracts prior to arranging other commercial sources. The Contractor shall exercise due diligence to obtain the most fair and reasonable port services and shall notify the COR if such charges appear excessive prior to the ship entering port. As a part of the budgeted amount for port services, the Government shall reimburse canal tolls, port/local dues and taxes (provided the Contractor exercises due diligence in seeking immunity on behalf of the Government from such dues and taxes), entering/leaving port fees, customs broker fees, ballasting or shifting berths pursuant to Government orders and any other similar port charges for ports visited at the Government's direction. The Contractor shall submit separate invoices for each port call, along with the supporting documentation. The Government will not reimburse the Contractor for expenses incurred by the Contractor for services rendered for the convenience of the ship, its crew, or in connection with the Contractor's business such as the fees of underwriters. Fumigation/Pest Control will not be reimbursable, unless prior authorization is received from the Contracting Officer Representative (COR). The Government will reimburse the Contractor up to $150.00 per port call for postage and petty expenses (including courier service and photocopying) associated with contract performance.

0. Diplomatic Clearances. The Government will obtain diplomatic clearances and operational area clearances when and where required. The Government will secure port visit clearances.

0. Husbanding Agent Appointments. The Government shall reimburse the Contractor, in accordance with Section G-8, for the customary fee paid to port husbanding agents in conjunction with the port visits of the ship, including the fees of agents appointed for canal transits and at bunkering ports. The Government retains the right to disapprove proposed agents and to require the Contractor discontinue using an agent. The Government has the option of directing the Contractor to use a specific commercial or Government agent in any port for reimbursable elements.

0. RESERVED

0. Mail. The OPDS will be assigned Navy Fleet Post Office (FPO) addresses and forwarding services. Mail forwarding services will be provided by the Government through the appropriate Government Joint Military Postal Activity and the U.S. Postal Service in accordance with DOD Postal Manual 4525.6 Series, Ch.11.5. The Contractor shall ensure the ship transmits via Navy message an updated Mail Routing Information (MRI) message and a Cargo Routing or Fleet Freight Forwarding Information message to allow mailings to be properly forwarded. See Section 03.1.3 (A046 and A047) and Section 15.22 of the OPDS Technical Manual (Attachment A) for additional instructions on properly informing DoD mail and cargo forwarding services of the ship location. The Contractor shall pick up, deliver, and/or forward any correspondence and parcels with respect to this contract on a daily basis.

0. OPERATION OF SHIP

12. General. The Contractor shall operate the ship and related ship systems and equipment in a safe and professional manner in accordance with United States Coast Guard (USCG) and the American Bureau of Shipping (ABS) rules and regulations.

1. Sovereign Immunity. The Master, while performing ship operations, shall advise foreign authorities that each USNS vessel under this contract is a sovereign immune vessel of the United States. These privileges include immunity from arrest or search (whether in foreign internal or territorial waters, or in international waters), immunity from foreign taxation, exemption from any foreign state regulation any requirment to flying the flag of a foreign state either in its ports or while passing through its territorial sea. These privileges include an entitlement to exercise exclusive control over persons on board such vessels with respect to acts performed on board. The Contractor shall observe all guidelines for MSC ship Masters found in ALMSC 020/06 and ALMSC 026/09 -Sovereign Immunity Guidelines.

1. Foreign Law Enforcement. Masters shall refuse requests from foreign authorities for documents, physical evidence, interviews of personnel, statements, any request to board, examine, inspect, or search the vessel, and any request for the physical delivery of persons on the vessel to foreign authorities. The Master lacks authority to comply with such a request, and shall so advise foreign authorities.

1. Foreign Port Visits. The Master may, if appropriate, provide a Shore Party List of individuals who will go ashore to the host nation before granting liberty if such a list is requested. The Shore Party List may contain only the names and passport numbers of those personnel. No other information shall be provided. Masters shall comply with applicable U.S. and host nation agreements that specify particular procedures for port visits in that country (e.g. such as status of forces agreements).

12. Full Operating Status (FOS). The Contractor shall ensure the ship is operated in a safe and professional manner, and sails with a full crew. The ship Master shall comply with MSC sailing orders and operational orders promulgated by the ship’s Operational Commander. The Master shall enforce all laws of the United States and all applicable rules and regulations of the U.S. Coast Guard and applicable host nation laws and regulations. In case of emergency, nothing in this contract shall be construed as preventing the Master from taking the most effective action to safeguard life, property and the ship. The Master will have authority to abort operations temporarily on the basis of clear and present danger to life at sea, and shall inform the Operational Commander (OPCOM) that such conditions exist, with an information copy to COMSC and the cognizant MSC Area Commander.

1. Full Mission Operating Status (FMOS). All Contractor requirements applicable to FOS also apply to FMOS. The Contractor shall ensure the ship is manned with qualified crew and Mission Specialists, all of whom possess adequate familiarization and training in operation of OPDS related equipment. See Section C-1.1.17 and Section 17 and 18 of the OPDS Technical Manual for details to prepare for FMOS status. The Contractor shall screen all crewmembers and Mission Specialists in accordance with Section C-1.6.2.1.

12. Standard Operating Manual (SOM). The Standard Operating Manual, COMSCINST 3121.9 (series) is the primary MSC instruction that addresses the unique mission of the MSC fleet and is applicable to the subject ship(s) under this contract. It provides policies and procedures pertaining to the operation and administration of the MSC fleet and provides a guide to other more definitive instructions. Ship Masters shall be familiar with the instruction’s content. In cases where the SOM and Section C conflict, Section C shall take precedence.

12. Casualty, Incident ,Injury and Vessel Status Reporting. The Contractor shall ensure all casualties, incidents and injuries (or death) are reported by naval message formats in accordance with the requirements of COMSCINST 3121.9 (series) – NWP 1-03.1;

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

1. Special Incident Reporting. Reporting of all accidents or occurrences resulting in damage by or to the ship, gear or cargo, or injury to personnel, or loss of life shall be issued in accordance with COMSCINST 3121.9 (series) –Incident Reporting. This includes among other things, collision, stranding, grounding, foundering, heavy weather damage, fire, explosion, failure of gear and equipment, and any other damage affecting the seaworthiness of the ship. In the case of a marine accident, injury or death, the Contractor shall inform the USCG of such occurrences in accordance with report form CG- 2692 guidelines.

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

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

1. Key Billet Names and proposed turnover dates

1. Status/Schedule

1. Fuel State

1. Info on significant CASREPs

1. Repairs scheduled.

1. Significant issues

1. Upcoming events:

1. SAAR-N status of crew

1. USCG and ABS Certifications with due dates.

1. Provide Vistor Logbook

12. Emergency Sorties. Emergency sorties may be required at the discretion of the Government and as directed by the local MSC Area Command or at any other time the Government determines such a sortie is appropriate, such as to avoid hazardous weather.

12. Design Speed Trials. Contractor shall conduct speed trials on a regular basis to demonstrate ship(s) are able to obtain warranted-design speed. Speed trials are to be conducted (1) Every six months; (2) First opportunity following hull cleaning or propeller polishing; and (3) When directed by Numbered Fleet Commander, Squadron Commander, or MSC. The Contractor shall submit to the Squadron Commander and MSC (PM3) the template provided in OPDS Technical Manual Section 03.1.2 (Item A021A) upon completion of trials.

12. Garbage/Solid Waste Disposal. When disposing of garbage and other solid wastes, the Contractor shall comply with COMSCINST 5090.2 (series) and OPNAV Instruction 5090.1 (series), as well as applicable provisions of the Act to Prevent Pollution from Ships (33 U.S.C.1901 et seq.) and MARPOL 73/78 Annex V of the International Convention for Prevention of Pollution from Ships.

12. Salvage. The Contractor shall immediately notify COMSC, the local MSC Area Commander and COR if any ship suffers a casualty, or otherwise becomes disabled at sea. Salvage is the saving of distressed or sunken ships or removal of ships as hazards to navigation. Should the OPDS require assistance, Navy salvage ships, equipment and facilities are maintained on a worldwide basis, however, nothing shall prohibit the Master from asserting responsibility for the ship and making an immediate direct request for commercial salvage services or such other emergency action when warranted. The Government is responsible for arranging salvage assistance. In circumstances where Government provided assistance is not available, the Contractor will be tasked to provide such services on reimbursable basis in accordance with Section G-8.

· It is MSC policy that when rendering such assistance, an initial message must be transmitted immediately to COMSC with all pertinent information. In providing such services, the Navy may decide to waive all claims for “pure” or “bonus” salvage.

· Instead, in those cases in which the salvage services are provided by Navy personnel and resources, the salvage claim shall be limited to a schedule of current per diem rates and allowable expenses as established by the Navy’s Supervisor of Salvage. In no event shall such amount exceed a maximum claim of $25,000 per day.

· It is understood that this limited Supervisor of Salvage claim is asserted against the vessel only, is solely for the vessel’s account, and does not include any amounts for salvage of Government cargo. Notwithstanding any other provisions of this contract, this limited Supervisor of Salvage claim IS NOT directly, or by way of setoff, chargeable in whole or in part to the Government by way of general average or otherwise

· Should the OPDS require assistance, Navy salvage ships, equipment and facilities are maintained on a worldwide basis, however, nothing shall prohibit the Master from asserting responsibility for the ship and making an immediate direct request for commercial salvage services or such other emergency action when warranted.

NOTE: The USNS WHEELER is fitted with towing capabilities for vessels that can be as large as Large Medium Speed Roll-on Roll-off (OPDS) ships.

12. Diving Operations. The Contractor shall request the consent of the Contracting Officer Representative (COR) prior to contracting for diving operations.

0. OPDS PETROLEUM PRODUCT HANDLING AND MISSION SUPPORT EQUIPMENT

13. Petroleum Product Delivery Systems. The Contractor shall maintain the petroleum product pumping system and related flexible pipeline stowage and handling systems in accordance with appropriate ABS Class at all times. It shall be the responsibility of the Contractor to provide qualified mariners to operate the vessel and the support boat(s), and to provide experienced and knowledgeable Mission Specialist personnel in accordance with Section C-1.7.2 and Section 18 of the OPDS Technical Manual to operate and maintain the pipeline delivery equipment and all associated gear

13. OPDS Master’s Supervision Responsibility. The Master, under USCG regulations, is responsible for the safety of the crew and Mission Specialist personnel operating the OPDS and equipment, and therefore has a responsibility to ensure that OPDS operations are conducted in accordance with all manufacturer’s operating instructions and all applicable regulations. Petroleum or liquid products shall be transferred and discharged by the OPDS’s work force, under the Master’s supervision; the Master shall be responsible for such activity as it pertains to the safety and seaworthiness of the OPDS.

13. Preparation for OPDS Operations. In preparing the OPDS equipment for transfer operations, only trained and qualified personnel shall operate liquid receiving and pumping systems, and deploying or recovering flexible pipeline. Any overtime required for these functions is for the account of the Contractor.

0. Receiving Petroleum Products or Other Fluids from Bulk Tankers or Barges. Fluid products shall be loaded and discharged at facilities or open roadsteads that the Government may direct, provided the USNS WHEELER can always be safely afloat. If the Government directs the OPDS to proceed in a specific mission and the ship or equipment is damaged as a direct result thereof and through no error of navigation or fault of the Contractor, Master, crew or pilot, the repairs and time lost shall be for the Government’s account.

0. Discharging Petroleum Products or Other Fluids to Shore Side Sites. The Contractor shall ensure the ship can provide sufficient power to operate all the equipment simultaneously. The Contractor shall provide sufficient qualified personnel to adequately supervise and undertake 24-hour transfer operations. Overtime to provide sufficient crew and Mission Support Specialist personnel during Full Mission operations (FMOS) shall be reimbursable.

0. OPDS Mission Technical Requirements. The Offshore Petroleum Discharge System (OPDS) consists of one U.S.-flagged self-sustaining vessel, one tender boat and associated equipment for the delivery of petroleum products from offshore in support of the US Navy Prepositioning Program. The Contractor shall have a minimum of 10 years experience in vessel overhaul and maintenance 10 years experience in operation of ocean -going motor vessels 340 ft. or greater within the past 15 years including operation in hazardous and/or remote areas, and a minimum of 3 years in flexible steel pipe handling experience so that the OPDS mission can be accomplished as follows:

· Deliver 1.7M gallons per 20 hr workday from eight (8) statute miles offshore. The eight-mile distance is measured as the horizontal distance to the cargo block on the tankship providing fuel from the HWL (High Water Line) on the beach.

· Capable of being installed in combined or separate conditions: winds up to 40-knots, waves up to 6 foot, surface currents up to 3-knots, a tidal range of 13-20 feet, and a near shore gradient as much as 1:300 (i.e. to the ten meter curve).

· Survive in 55-knot winds, 12 foot waves and 5-knot surface currents over a 72 hour period.

· Be capable of commencing flow of product ashore within 48 hours after arrival in moderate weather and coordinating with beach parties to determine flow rates, commencement and termination of pumping operations.

· Be retrieved within 72 hours and reusable with only minor repairs performed on site. Repairs to the conduit, whether during operation or upon retrieval, shall be completed within 24 hours.

· Be compatible to connect with a standard commercial tanker (50K DWT) and a standard commercial fuel barge.

· Operate in water depth 20 feet-200 feet MLLW (Mean Lower Low Water).

· Be completely self-deploying.

· Install system over a mud, sand, rock, shell or coral bottom.

· Generate no more than 150,000 gallons of waste water, prior to delivery of on-specification fuel ashore.

· The pipe may float on the surface during the installation process, but will be submerged when connection to shore is complete so as not to interfere with cargo operations of barges, landing craft, tugs and small boats drawing up to 15 feet of water expected to be operating in the vicinity.

· Install pipe in temperature conditions of 0 to +45 degrees centigrade.

· Capable of maintaining position via Dynamic Positioning System DP2, which will require experienced and certified DP operators.

· Provide a Beach Terminal Unit (BTU) at the high water mark termination of the OPDS, sufficiently anchored at the shoreward end of the conduit to perform as the interface between the OPDS and Inshore Petroleum Distribution System (IPDS). The shoreward end of the conduit is fitted with a pressure release system to ensure that the downstream flow line pressure does not exceed 125 psig. The BTU has the following output connections:

0. Two six-inch main flow line flanges, with a six-inch ANSI 300# to single groove and six-inch ANSI 300# to camlock coupling per flow line.

0. One four-inch contaminate line, fitted with a camlock coupling.

0. A sample port to allow product to be siphoned off the main line for inspection.

· The OPDS is capable of purging the contents of the pipeline by use of Primary Inert Gas (PIG), which is nitrogen, and pushing a urethane-coated sphere or cylinder through the entire length of the deployed conduit. A PIG basket shall be fitted on the BTU for capture and removal of a PIG sphere. This process is frequently referred to as “pigging” the pipeline to clear the conduit of contaminant or product.

16. Cranes. The Contractor shall operate and maintain the five (5) Appleton Marine cranes in accordance with applicable ABS rules and manufacturer’s instructions to ensure safe operating conditions and peak efficiency. Cranes shall be operated and maintained in accordance with ABS Cargo Registry requirements.

16. Fueling System. The contractor shall operate and maintain the fueling system in accordance with the manufacturer’s instructions and safety guidelines. The fueling system consists of two (2) on deck diesel fueling stations with the necessary attached piping, pumps, hoses, tanks and filler nozzles.

0. ENGINEERING OPERATIONS

1. General. The Contractor shall operate ship equipment and machinery in accordance with the Manufacturer’s Technical Manuals, MSC policy, USCG regulations (33 CFR, 46 CFR and 49 CFR), American Bureau of Shipping (ABS) guidance and any applicable local or other jurisdictional requirements

1. Inport Readiness. Regardless of the length or nature of a port visit, the Contractor shall ensure that the ship(s) is fully capable of getting underway to perform the assigned mission within twenty-four (24) hours of receipt of a SAILORD, unless an applicable Casualty Report (CASREP) has been transmitted.

1. In Port Maintenance Actions Affecting Mission. In those cases where anticipated maintenance, repair, or regulatory body activities will prevent the ship from getting underway and performing the assigned mission within twenty-four (24) hours, the Contractor shall notify the Operational Commander, MSC Area Commander, and Contracting Officer. This notice shall set forth the specific nature of the work to be accomplished, the estimated time required to accomplish the work as described, and any viable alternatives that would enable the ship to maintain the original operating schedule. The Contractor shall request the Operational Commander’s permission to proceed with the work described. The Operational Commander, MSC Area Commander, and the Contracting Officer reserve the right to require the Contractor to reschedule the requested work. This does not affect the consent requirements of Section C-2.4 (Industrial Assistance).

0. Fuel, Lubricating/Hydraulic Oil, Chemicals, and Paint. Except as provided below, the Government will furnish all required fuel, lubricating/hydraulic oil, chemicals, and paint. Refer to OPDS Technical Manual Sections 10, 11, 12, 13, and 27 for specific requirements for procuring products and services via Government administered contracts (“Independent Agencies”). Packaged petroleum products such as WD-40 and cutting oils are consumable supplies and are to be provided by the contractor at its own expense regardless of quantity. See Technical Manual Section 15 (Government Furnished Property) for specific details on Consumables. The grades of fuel authorized for use onboard the ships are set forth in Section 27 of the Technical Manual.

0. Fuel Quality Assurance and Testing. In order to assure propulsion fuel delivered to the ship meets the quality standards of the OPDS Technical Manual and bunker purchase specifications, the Contractor shall take fuel samples at the manifold while bunkering in accordance with MARPOL Annex VI requirements outlined in Section 10.6.1 and Section 27 of the OPDS Technical Manual. Test results will be communicated by MSC to the ship for entry into the Oil Record Book. Sampling and testing will be conducted as follows:

· Take samples by manual or automatic means when receiving bunker fuel;

· Sample size to be 400ml or more and bottle labels signed by Chief Engineers and Supplier;

· Mail sample to designated laboratory using mailing kit provided by MSC; and

· Samples are to be retained not less than one year or until bunkers have been expended.

0. Fuel Bunkering. The Contractor shall comply with the USCG Regulations and COMSCINST 3121.9 (series), Para 2.7.7 and COMSCINST 5090.1 (series) for fuel bunkering which shall include the establishment and utilization of transfer procedures (Bunkering Bill) in accordance with 33 CFR 155.720 describing personnel billets, sampling requirements and communications. The ship(s) is equipped with an oil spill containment and cleanup kit as detailed in COMSCINST 5090.1 (series) Appendix B. The Contractor shall be responsible for maintaining and preserving all cleanup kits pursuant to Section C-5.1.2 (Durable Moveable Property) and Section 15.23(e) of the OPDS Technical Manual.

0. Fuel Source and Consumption Data. Sources and Usage of Fuel. The Contractor shall obtain fuel from Defense Logistics Agency - Energy (DLA-E) military stocks or through a DLA-E contract with a commercial supplier. The Contractor shall provide the Government at least ten (10) business days advance notice for all fuel oil requirements. Ships installed with the Daily Voyage Record (DVR), a module within the SAMM Engineer’s Daily Logbook, are no longer required to submit a monthly NEURS reports but will follow the guidance of daily record entries. Ships that do not have a DVR installed shall report fuel inventory and consumption on a monthly basis via the Navy Energy Users Reporting System (NEURS) format N0712-001.04-F and send by email to: MSCHQ-NEURS@navy.mil.

0. Energy Conservation. The contractor shall assist the Government in energy conservation efforts. At a minimum the contractor shall:

· Submit for consideration, when identified and as applicable, proven and measurable energy conservation measures that have been adopted by commercial industry both ashore and afloat.

· Maintain optimum plant alignment to safely meet navigation and mission requirements while consuming the least amount of fuel practicable.

· Maintain optimum plant realignment to safely meet navigation and mission requirements while consuming the least amount of fuel practicable.

· Maintain hull and running gear cleanliness to the extent that operational, budget, and logistical constraints allow.

· Trim vessel to as close to an even keel when underway to the extent that specific fuel, ballast, cargo and hull stress constraint allow.

· Maintain economical speed to the extent operational orders and movement schedules allow.

· By providing input to prioritization and implementation of identified energy conservation measures

0. Alternate Fuel Suppliers. Alternate commercial sources may be utilized only when the required Government sources are not available or would cause the diversion or delay of the ship. In such a case, the Contractor shall obtain the service of an Independent Surveyor to ensure the fuel provided by the supplier is of the proper quality and quantity. Fuel oil shall be purchased on a competitive basis. The Contractor shall solicit competition to the maximum extent practicable and submit the results to the Contracting Officer for consent to subcontract prior to purchasing the fuel. The Contractor shall submit invoices for fuel oil cost reimbursement, with attached documentation. The Government will reimburse the Contractor for all reasonable expenses incurred to purchase commercial fuel oil including loading fuel from lighters, lighter demurrage or detention, shifting lighters for the convenience of the ship, handling lighter lines, and other such expenses which the Contracting Officer finds necessary and reasonable in the loading of fuel oil onto the ship.

0. Shipboard Chemicals Treatment and Testing. The Government will make available (as GFP or reimbursable) the shipboard chemicals, test kits, and services described in Section 12.4 of the OPDS Technical Manual.

0. Environmental Protection and Enhancement. The Contractor shall monitor and control ship system operation and waste disposal and comply with all applicable Federal, State, interstate, and local laws and regulations, including Navy and MSC Environmental Instructions. The Contractor shall comply with Chapters of OPNAV INST 5090.1 (series) (Environmental Readiness Program Manual) concerning Environmental Compliance Afloat. The Contractor shall also comply with applicable MSC Instructions, including: COMSCINST 5090.1 (series) (Environmental Protection Program); COMSCINST 5090.2 (series) (Disposal of Solid Waste in the Marine Environment)- See Section C-1.1.13.7 for guidance on handling solid waste; COMSCINST 5090.3 (series) (Shipboard Management of Ozone Depleting Substances) and 40 CFR Part 82 subpart B (ODS); COMSCINST 5090.4 (series) (Afloat Oil-Hazardous Substance Spill Drill and Command Post Exercise Program); and MSC non-Tank Response Plan/SOPEP.

0. Water Pollution. The Contractor shall comply with applicable portions of the Federal Water Pollution Control Act (Clean Water Act or CWA), 33 U.S.C. § 1251 et seq., the Act to Prevent Pollution from Ships (33 U.S.C. 1091 et seq.), regulations in 33 CFR 151 and 155, DoD 4715.6-R1 (Regulations on Vessels Owned or Operated by the Department of Defense-dated Jan 2005) and COMSCINST 5090.1 (series) Navy Environmental Protection Programs. When the Final Rule is published in the Federal Register, the Contractor will comply with the Uniform National Discharge Standards for ships of the Armed Forces. The Contractor shall maintain and operate all shipboard pollution prevention equipment in accordance with the manufacturer’s instructions. Contractors operating MSC ships shall not surrender nor waive the sovereign immunity of a Government owned ship during any environmental incident. All vessels shall only use cleaning chemicals or supplies which do not contain phosphate or which contain very low levels of phosphate.

0. Oil Spill Response. In the event of an oil spill, Contractor shall provide immediate response capability to protect the vessel and crew, stop the outflow of oil and mitigate at its own expense damage to the environment. Contractor shall activate and engage in contracting with oil spill removal organizations, act as liaison with the Federal On-Scene Coordinator (or cognizant foreign authority) and fund response activities until such time as being relieved of such responsibilities by the Navy On-Scene Commander (NOSC) who will then assume responsibility for management of the continuing oil spill response. All oil spills shall be immediately reported directly to the National Response Center and other parties per OPNAVINST 5090.1 (series) and MSC’s Vessel Response /Shipboard Oil Pollution Emergency Plan (VRP/SOPEP).

0. Ballast Water Management. The Contractor shall be guided in ballast water management requirements by OPNAVINST 5090.1 (series) other applicable U.S, International and Navy statutes and regulations.

0. Graywater Management. The Contractor shall be guided in graywater management requirements by OPNAVINST 5090.1 (series) and other applicable statutes and regulations.

0. Marine Sanitation Device (MSD) Disposal System. The Contractor shall maintain and operate the installed MSD disposal system in accordance with the manufacturer’s instructions, applicable USCG regulations, Clean Water Act, Uniform National Discharge Standards (UNDS) and other applicable statutes and regulations, to preclude the contamination of harbors, rivers, channels, or other restricted areas with untreated sewage and/or gray water. Personnel working with MSD equipment shall be aware of health aspects as required in Section C-3.18.1 (Safety and Occupational Health Program).

0. Air Pollution. Emission levels will be consistent with Clean Air Act. Areas of concern are containment of abrasive blasting particulate (including general particulates and heavy metals), control of stack emissions during boiler repair and blowdown operations, removal of asbestos, and compliance with applicable statutes and regulations, including EPA and USCG regulations.

0. Ozone Depleting Substances. The Contractor shall operate and maintain equipment and systems containing Ozone Depleting Substances (ODS) in accordance with manufacturer’s instructions. Equipment with an installed charge of more than 50 pounds shall be maintained to remain within the maximum annual leakage rates of 15 percent for total refrigerant in air conditioning equipment and 35 percent of total refrigerant in ship stores and cargo refrigerant stated in OPNAVINST 5090.1 (series). ODS shall be recovered prior to maintenance on systems. Persons who perform maintenance, service or repair of any appliance which contains and/or uses Class I or II refrigerants shall hold a valid EPA approved certification as Universal Technician as required by 40 CFR part 82.

0. Noise Pollution. The Contractor shall comply with the Noise Control Act of 1972, 42 U.S.C. 4901 et seq., and implementing regulations. Retrofit modifications are not prescribed or authorized for existing noise sources without Contracting Officer approval.

0. Compliance with HAZMAT Laws, Statutes and Regulations. The Contractor shall comply with the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; the Clean Air Act (CAA), 42 U.S.C. § 7401 et seq.; the Clean Water Act (CWA), 33 U.S.C. § 1251-1387; the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601 et seq.; 10 U.S.C. § 7311: the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., and all applicable Federal, State, interstate, and local environmental statutes and regulations. When practicable, the Contractor shall utilize DoD turn-in sites and procedures for the recycling or disposal of hazardous substances. These sites are available from MSC upon request.

1. Material Safety Data Sheets (MSDS). The Contractor shall ensure that an inventory of hazardous materials brought onboard is accurately maintained. Hazardous materials shall be used and stowed in accordance with MSDS guidance. MSDS shall be obtained from the supplier for hazardous material used, handled, packaged and transported or disposed. MSDS for each item of hazardous material shall be kept on file. If sponsors or permanently embarked riders require ships force to handle HAZMAT, they shall inform the Contractor of unique or special handling requirements.

1. Hazardous Material Control and Management. The Contractor shall contract for the proper removal, handling, storage, transportation, and disposal of hazardous materials generated in the performance of contract requirements. The Contractor shall, when entering into contracts for ship repair or maintenance, ensure that said contracts comply with Section C-2.4 (Industrial Assistance Management) and contain the provisions required by 10 U.S.C. § 7311.