N32205-17-R-3002_Conformed_Solicitation.docx

N32205-17-R-3002

Section SF 30 - BLOCK 14 CONTINUATION PAGE

AMENDMENT 0004

MILITARY SEALIFT COMMAND

N32205-17-R-3002 OPDS Operation and Maintenance

QUESTIONS AND ANSWERS

The following are answers to questions received from potential offerors. The answers provide clarification only.

1. Request an extension for the due date for Submission of Offers

ANSWER: The solicitation closing date has been extended to 25 January 2017.

2. Will a conformed copy be provided soon?

ANSWER: A conformed copy will be posted to the FBO website.

3. L-14 A. 11 is completely MISSING. Is this section RESERVED? Please clarify.

ANSWER: L-14 A. 11 has been added in this amendment.

4. L-14 A. 13 – Is this section supposed to be titled Corporate Viability? Please clarify.

ANSWER: L-14 A. 13 has been amended in this amendment.

5. Is our Annual Statement (audited/certified) and cash flow suffice or is a letter from our financial institution (Bank Letter) required in addition to those already specified? Please clarify.

ANSWER: For Corporate Viability, offeror’s must furnish evidence of adequate financial resources to perform the contract or the ability to obtain such resources of an amount equal to the total value of 45 days of per diem payments in FOS, plus the necessary resources to conduct one major availability (estimated at $8,000,000).

6. L-14 A.14 – is this section supposed to titled Budget and Financial Management? Please clarify.

ANSWER: The title to L-14 A. 14 has been added in this amendment.

7. Section L, IV. Past Technical Performance – In reference to Attachment R, Technical Past Performance Questionnaire, this is still NOT addressed at all in Section L (Typically, this would be included in the “NOTE” paragraph at the end of IV. Past Technical Performance – see example below) yet it is part of the evaluation in Section M. Please clarify.

ANSWER: L-14, IV has been revised in this amendment.

AMENDMENT 0003

MILITARY SEALIFT COMMAND

N32205-17-R-3002 OPDS Operation and Maintenance

QUESTIONS AND ANSWERS

The following are answers to questions received from potential offerors. The answers provide clarification only.

1. The evaluated OPTEMPO from section O does not match solicitation section 1.1.5. Please clarify.

ANSWER: Section J, Attachment O – Pricing Forms have been revised.

2. SF 33 - Due to the numerous revisions/clarifications and updated attachments needed for the RFP, we respectfully request an extension for the due date for Submission of Offers to February 13, 2017.

ANSWER: The solicitation closing date remains 23 January 2017 by 1300.

3. Section L:

a. We do not see a clear page counts identified throughout Section L-13 Submission of Offers and Section L-14 for General Proposal Requirements, B. Technical Proposal Requirements. Please clarify.

ANSWER: Technical proposals are limited to 35 pages, plus a 2 page addendum per ship, single sided, excluding fold-outs, blank pages, title pages, tab indices, table of contents, resumes, and employment agreements. A maximum of fifteen fold-outs, no longer than 24 1/2 “ x 11” is permitted; fold-outs may be used for charts and diagrams only. Text pages, graphs, fold-outs or any other information in excess of these limits will not be considered in the evaluation. All volumes are to be typed no smaller than 12 point font, either single or double-spaced on standard 8 ½ x 11 paper.

Past technical performance narratives shall be submitted within solicitation Attachment I along with your proposal. As part of the past technical performance narrative, offerors are requested to provide the specific Government or Commercial contract numbers under which the experience was gained. Along with the contract number, offerors shall provide a point of contact and email/phone number contact information. Narratives shall not exceed 10 pages in length (Time New Roman font size 12). Separate narratives shall be provided for each of the past technical performance experience subfactors.

b. In reference to section L-13 Submission of Offers, is it acceptable to submit Initial Proposals via CD or is it electronic submission only? Also, please clarify what you want on Vol I and Vol II for submission.

ANSWER: The proposal should be submitted electronically only. The price, technical past performance, solicitation/amendments should be separate from the technical.

c. IV. Past Technical Performance – In reference to Attachment R, Technical Past Performance Questionnaire, there are no clear instructions regarding this form. Typically, this would be included in the “NOTE” paragraph at the end of IV. Past Technical Performance. Please clarify.

ANSWER: Section J, Attachment R – Technical Past Performance Form has been corrected.

4. Attachment A OPDS Technical Manual OPDS & Attachment O Pricing Forms Revised OPDS TM per Amendment 0001, page 118 manning chart does not align with pricing sheet. Specifically, FMOS Manning (non DOZER Pull). The TM states a crew of 36 (including 8 Mission Specialists). The pricing sheet, tab “C-FMOS” calls out for 35 personnel. There is one additional steward department billet in the TM. Also, should cell A50 read “Mission Specialist for OPDS”, instead of “Ordinary Seamen”? Please clarify.

ANSWER: Section J, Attachment O – Pricing Forms have been revised.

5. Attachment B Department of Labor Wage Determination - In reference to the original RFP, Attachment B – DOL-CBA – Wage Determination and Amendment 0001, Attachment B - Add’l Info- Wage Determination, the copies provided are not clearly legible. Please provide a clearer copies so that we can obtain CBAs.

ANSWER: Section J, Attachment B – DOL-CBA – Wage Determination was re-issued in amendment 0002.

6. Crewing Tab/ C Forms Issues:

a. Please confirm the Steward Department ratings & complement in Section 19 of the Technical Manual. The numbers don’t seem to align properly.

b. Please update the Crewing tab to account for Assistant Cook in Forms C-ROS, C-RAV, and C-FMOS. The Assistant Cook position is missing in the aforementioned sections of the form.

c. Form C-FMOS: Please update rating Ordinary Seaman to Mission Specialists for OPDS on Crewing tab. Currently doesn’t reflect manning outlined in the OPDS Technical Manual.

d. Form C- ROS & Form C-RAV: Should the Ordinary Seaman ratings be updated on the Crewing tab to Mission Specialists for OPDS in ROS/RAV or is MSC requesting that two Ordinary Seamen be placed on the vessel during these time periods? Please clarify or update to reflect requirement.

e. The Optempo numbers in both the Crewing tab and Form B reflect an entire fleet of vessels in ROS status versus one vessel in FOS. The solicitation states that the ship (not a fleet of vessels) will spend a majority of the time fully manned in FOS status during the contract performance period. Please clarify or update to reflect requirement.

f. The per diem summary/overall evaluated price on Forms A and B are not in the page setup. The forms aren’t locked down so the offerors can fix this issue; however, it could cause issues in the evaluation process for MSC. Should offerors adjust as they see fit or will MSC update?

ANSWER: Section J, Attachment O – Pricing Forms have been revised.

7. Attachment R (Technical Past Performance Questionnaire) appears incomplete; there is no section “A” and sections “B, C and D” are repeated, albeit slightly modified, on pages 5 and 6. Does the government intend to publish a revised version of Attachment R that can be forwarded to potential references and, if so, will the deadline for submissions be extended past the due date for the RFP response?

ANSWER: Section J, Attachment R – Technical Past Performance Form has been corrected.

8. According to sections 1.7.1.2 and 1.7.1.3 pertaining to manning requirements in RAV and ROS-5, it states that, “The number and ratings of the RAV crew will be negotiated on a case-by-case basis prior to the start of the availability and will be based on crew specific requirements.” The pricing sheets on form C for RAV and ROS-5 show a crew size of 14 and manning specifications. Please clarify how ROS-5 and RAV should be priced.

ANSWER: J-Attachment O – Pricing Forms have been revised and are now in accordance with Section 19 of the OPDS Technical Manual.

3. When transitioning from ROS-5 to FOS, there will be additional costs associated with the phase change such as training. Will these additional costs also be negotiated? Or will you consider adding a transition cost element to the pricing sheets?

ANSWER: IAW Section C-1.1.3, it is anticipated that all ships will be in FOS. Reimbursable items will be IAW Section B-1.3, the Reimbursable services table in Section B and G-8.

AMENDMENT 0002

MILITARY SEALIFT COMMAND

N32205-17-R-3002 OPDS Operation and Maintenance

QUESTIONS AND ANSWERS

The following are answers to questions received from potential offerors. The answers provide clarification only.

1. Section C-1.1.1 refers to “one tender boat (FAST TEMPO)”. Please furnish characteristics for this craft and sufficient information to allow the contractor to determine operation and maintenance requirements.

ANSWER: USNS FAST TEMPO has the following characteristics:

· Length, overall: 165 feet

· Beam: 32 feet

· Draft, Full Load: 10 feet

· Maximum Warranted Speed: 20 knots

· Fuel Capacity: 23,000 gallons (US)

· Propulsion: Diesel, four shafts

· Cargo Capacity: Approximately 1,250 square feet open deck space

· Operational Crew Size: Four (typically one each of the following: licensed mate, licensed engineer, able-bodied seaman, and unlicensed engineer)

· Total Berthing Capacity: Nine

· Date of Construction: 2007

· Expected Service Life: 30 years

· Hull Material: Aluminum

2. Section C-1.1.16 – can OPDS be operated 24 hours per day without limitations?

ANSWER: OPDS can be operated on a 24-hour schedule when fully staffed at Full Mission Operating Status (FMOS).

3. Section C-1.5.2.10 – is the safe GFE?

ANSWER: Yes, the safe is considered government-furnished equipment.

4. Technical Manual Section 06, paragraph 06 states “The LMSRs are operated . . . “ and goes on to say “A total of nineteen (19) LMSR are operating in support . . .”. This section should be updated to reflect OPDS.

ANSWER: The technical manual was previously updated to remove the LMSR language in Amendment 0001.

5. Section C-2.3.2 references OPDS Technical Manual section 06.7.2. Should this reference be 06.7.7.3 instead?

ANSWER: Section C 2.3.2 has been updated to revise the reference.

6. Section C-2.4.1 – requires Contracting Officer consent prior to entering into any industrial assistance subcontract when the price of any single subcontract exceeds $500,000 or when the aggregate total price of all subcontracts to be accomplished during a single repair period exceed $150,000. Additionally, COR approval is required for subcontracts between $50,000 and $500,000. Please clarify whether Contracting Officer consent and COR approval is required.

ANSWER: COR approval is required for subcontract approval requests between $50,000.00 and $500,000.00.

7. Section C-2.4.5.1 states travel is reimbursable for OCONUS industrial assistance and alterations in excess of $500,000. Are OCONUS transportation costs reimbursable when industrial assistance costs are below $500,000? If not, how many OCONUS industrial assistance subcontracts below $500,000 are anticipated?

ANSWER: OCONUS transportation costs are reimbursable when industrial assistance costs are below $500,000.

8. Section C-2.6.1 states the contractor shall make efforts to develop “multiple vessel” work packages when feasible. Please clarify.

ANSWER: The contractor will make efforts to develop work packages for both USNS VADM K.R. WHEELER and USNS FAST TEMPO when the schedule permits both vessels to participate in repair periods concurrently.

9. Section C-2.11.1.2 addresses reimbursement of legal fees (50%) for claims and liabilities for industrial assistance agreements which a prior operating contractor entered into with a subcontractor. This section states reimbursement is dependent upon availability of assigned funds to the prior contract and further states the Government will have no obligation to seek additional funds to pay legal expenses. (a) Please provide details regarding any claims and liabilities under the previous operating contract(s) that the contractor will be required to address under the new operating contract. (b) Advise whether funds are assigned to the prior contract for such claim(s). (c)Will the Government reimburse the contractor for reasonable legal expenses arising out of any claim made against the contractor pursuant to industrial assistance subcontracts under the new operating contract?

ANSWER: The legal reimbursement fee clause has been amended.

10. Section C-3.3 – what specific logistic support facilities are required?

ANSWER: The contractor shall have sufficient warehouse space to accommodate shore-based spares in accordance with Section 15.16 of the OPDS Technical Manual.

11. Sections C-4.1 and C-4.4.4 refer to Attachment K instead of Attachment H. Please clarify.

ANSWER: Attachment H is the Expenditures Report and has been corrected in C 4.4.4.

12. SF 33, Box 9: We respectfully request an extension of the due date for Submission of Offers to be February 6, 2017.

ANSWER: The solicitation closing date remains as stated 01/23/17.

13. SECTION I: There are many clauses incorporated by reference that may not be applicable to this RFP. Can you clarify and provide the applicable clauses incorporated by reference for this solicitation?

ANSWER: The Section I clauses have been revised.

14. SECTION L: In reference to L-14 A. 7. Current SAM documentation certifying it is considered a small business under NAICS Code 483111 (Deep Sea Freight Transportation), should this be restated since this is not applicable to large businesses?

ANSWER: L-14 A. 7. has been revised.

15. Attachment B-Wage Determinations

ANSWER: Attachment B-Wage Determinations is attached.

16. Section: F-1 Period of Performance-has delivery of the ship “on or about August 20, 2012.” Needs updated date.

ANSWER: The date has been corrected to 2017.

17. Section: C 1.7.1.2-RAV Manning- states that “The contractor shall provide the Government credit for Crew Shortages.” Section F-4 and Section C 1.9 states that “crew wages/fring costs and provisioning for RAVE will be negotiated on a case by case basis.” When crew wages/ fringe are negotiated prior to entering RAV and reimbursable-there are no credits provided back to the Government. Suggest that the above line is removed from Section 1.7.1.2.

ANSWER: C-1.7.1.2 refers to the fact that a crew shortage exists when RAV manning is less than what is stipulated in Section 19 of the technical manual and/or the required port engineer(s)/shoreside personnel are not in attendance.

18. Section G - Section G-3 (a) states “Invoices shall be submitted in accordance with the following instructions and in accordance with Attachment I, Invoice Requirements/Report of Expenditures/Report of Receipts.” Attachment I in the solicitation is the “Past Performance Narrative”. Please clarify

ANSWER: Attachment H is the Expenditures Report and has been corrected in Section G 3.

19. SECTION L -

a. In reference to Section L-14 B. IV, the Government states: “NOTE – All past technical performance narratives shall be submitted within solicitation Attachment K along with your proposal.”

b. The Attachment K that was released with the original solicitation is titled “Attachment K - Technical Proposal Data Sheet”. In addition, Attachment I is titled “Attachment I - Past Performance Narrative”.

c. For the Past Technical Performance Narratives, do you want Attachment I – Past Performance Narrative submitted instead of Attachment K? Please clarify.

d. Please advise as to where we are to submit Attachment K Technical Proposal Datasheets, comprised of K-1, K-2, and K-3 as part of the proposal. Nowhere in the solicitation is it identified as where we submit K-1, and K-3. Only K-2 is mentioned in Section L. Please clarify.

ANSWER: Yes, Attachment I is to be submitted. Attachment K (1-3) is to be submitted as part of the technical proposal.

20. In reference L-14.A.10 Insurance Requirements (as stated below):

The Certificate of Entry from the P&I Club or Insurer that demonstrate coverage in compliance with the solicitation and contains the following Special Terms Statement:

“SPECIAL TERMS STATEMENT REGARDING THE COVER PROVIDED TO THE UNITED STATES GOVERNMENT. The P&I Club Underwriters (and its Managers) and/or Insurance Policy Underwriters agree that the terms or conditions of this SPECIAL TERMS STATEMENT shall govern and shall be controlling in the event that there are any inconsistent terms or conditions in the Certificate of Entry, insurance policy or document, applicable P&I Club Rules, or insurance provider’s rules. The United States has full insurance cover and benefits that are equivalent to a regular P&I Club Member, Entrant, or insured (other than voting rights). The Underwriters acknowledge that they have been provided a copy of the underlying operating contract (including the required insurance provisions) for the Public Vessel(s) of the United States that are entered/covered under the insurance. Underwriters agree to waive any rights of subrogation against the United States in all cases, regardless of cause. The United States shall not be liable for (and there shall be no recourse against the United States for) deductibles, premiums, supplementary premiums, additional premiums, calls, additional calls, commissions, advancements, assessments, overspill calls, overspill claims, and other costs, claims, expenses, or fees. It is understood that the entered/covered vessel or vessels do not have Hull & Machinery insurance. It is understood that any disputes between the Underwriters and the United States will be governed by U.S. law, and will be adjudicated in a U.S. Federal Court. The United States has not consented to the arbitration (either domestic or foreign) of any disputes. It is understood that the Underwriters are not granted a lien on the covered/entered vessel(s) under any circumstances. It is understood that the U.S. Department of Justice has the right to fully control the conduct of any litigation or legal action in any forum, including control of litigation decisions and legal representation, wherein the United States, U.S. Navy, Military Sealift Command, or other entity of the U.S. Government is a named party or is a proper party defendant under the law (to include without limitation, the Public Vessels Act and any provisions of the Suits in Admiralty Act that are incorporated by the Public Vessels Act)”.

b. Offeror shall warranty that RFP insurance will be met.

a) Is a letter from the P&I Club or Insurer required for compliance with the solicitation package? If a letter is required, please specify what must be outlined in the letter(s). Special terms statement?

b) We note that the offeror must warrant that RFP insurance will be met. Is that all that’s required?

c) In reference to: c. Offeror shall provide within 30-days of award a Specimen Copy of insurance policy for basic P&I, War Risk P&I coverage, and Second Seaman’s War Risk insurance, as well as the current P&I club rulebook for both basic P&I and War Risk P&I coverage (not needed for Second Seaman’s War Risk policy).

d) Please confirm that the Specimen Copy of insurance policy is not required with proposal submissions.

ANSWER: In accordance with solicitation section L-14…provide a letter warranting that they will be able to obtain insurance as required by the solicitation and the specimen copy is not required by the solicitation submission.

21. Section 3.4.4 describes the Key Shoreside Positions required for the subject contract. Do the personnel assigned these positions have to be 100% dedicated to these positions?

ANSWER: The Port Engineer shall be 100% dedicated to this contract. The percent of dedication of the other key personnel shall be as identified by the Contractor in its proposal. Changes to either the Contractor’s shoreside organization or the key positions are subject to Contracting Officer approval. The Contractor shall submit resumes to the Contracting Officer with clearly defined experience summaries for all key personnel. Shore based personnel shall be available, at a minimum, between the hours of 0800 and 1700 East Coast time, weekdays.

22. Section L-13 Submission of offers item A. omits number 11. Will there be a number 11?

ANSWER: Section L-13 Submission of offers item A is only numbers 1-6.

23. Section 1.8.3 of the Solicitation indicates that all MSC / Navy required training shall be for the account of the Contractor. In other contracts MSC required training is reimbursable; please clarify if MSC training under this solicitation is for the account of the Contractor.

ANSWER: The cost of training shall be included in the contractor’s fixed price. (There is a line under other direct costs in Form A of the pricing sheets for training costs)

24. If new training requirements are added subsequent to contract award, will those costs also be for the Contractor’s account?

ANSWER: In accordance with the solicitation, training costs are for the contractor’s account.

25. Please confirm the delivery location. Section F-2 of the Solicitation currently states the anticipated place of delivery is Guam.

ANSWER: The anticipated place of delivery should be listed as Far East, not necessarily Guam. The place of delivery will depend on where the vessel’s five-year availability is conducted in June 2017.

26. The FMOS costs for the contractor’s account are deployment method dependent. Does the government desire that FMOS pricing reflect the primary deployment method only?

ANSWER: The government desires that FMOS pricing reflect the primary deployment method only. Additional costs incurred from alternative pipe deployment methods will be evaluated on a case-by-case basis.

27. Please advise if Section L-14 III Small Business Participation item B table of Government Estimate of Reimbursable Expenses FAR 52.217-8 is correct. It appears to be a sum of the other years.

ANSWER: The Government Estimate of Reimbursable Expenses FAR 52.217-8 has been corrected.

28. Section H-5 (a) requires P & I insurance to cover all liabilities in an amount no less than $4,000,000,000 per vessel per incident. Our club, as well as others in the International Group, will only certify up to $3,080,000,000. Is this requirement correct? Is documentation needed for the FAST TEMPO and the WHEELER?

ANSWER: Yes, documentation is needed for the WHEELER and FAST TEMPO and the amounts have been revised.

29. The due date for Past Performance Questionnaire submission is shown as, “BEFORE THE CLOSING DATE OF THIS SOLICITATION, 19 January 2017….” Can the government confirm that the due date for PPQ submission is 23 January 2017, consistent with the closing date of the solicitation?

ANSWER: The solicitation closing date is 23 January 2017. The Past Performance Questionnaire submission should be prior to 23 January 2017.

30. Section 19 of the WHEELER Technical Manual describes the Steward Department in both FOS and FMOS without a Steward. This is inconsistent with expected manning for a forward deployed vessel with a crew of 25 that could grow to 36 or more in FMOS. A Steward Department led by a Steward and including a Chief Cook or Assistant Cook in FOS with the additional Steward Assistant in FMOS seems more appropriate to a vessel of this crew size and full mission complexity. Will the government consider a change to the stipulated manning of the Steward Department?

ANSWER: The offeror should propose in accordance with the manning table in Section 19 of the tech manual.

31. Section B clause 1.2 references Section F-6 however there is no F-6. Will F-6 be added?

ANSWER: There is no Section F-6.

32. It appears that the DFARS and NIST standards have changed from those referenced in the subject RFP. Will the RFP be updated to reflect these standards?

ANSWER: The RFP Section C 3.3.3 has been updated to reflect the revised DFARS and NIST standards.

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 OPDS 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.

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…