3413_Amend0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

1. Amendment 0002 is issued to reopen the solicitation. RFP N32205-17-R-3413 is hereby extended to 14:00 EDT, 19 May 2017.

2. Offerors w ho have submitted timely proposals must either reaff irm their existing offer or resubmit it, in either case acknow ledging this amendment.

3. Offers shall be submitted in .pdf format to michael.peroha@navy.mil.

4. All other offerors must submit their entire offeror, to include acknow ledging this amendment, to be considered for aw ard.

5. The follow ing changes have been incorporated into the PWS: Charterer's Option and Information Assurance clause removed, Cancellation

Fee removed from Submission Package, Deck Equipment - Fresh Water updated, and Stability updated.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 32

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

16C. DATE SIGNED

BY 18-May-2017

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N3220517R3413

X 9B. DATED (SEE ITEM 11)

08-May-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

18-May-2017

CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET BLDG T-26

NORFOLK VA 23511

N32205 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N3220517R3413

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

ATTACHMENT A

(a) Vessel Specifications: See Vessel Characteristic Sheet below.

(1) To be completed for each vessel or class of vessels, if all vessels in the class are identical.

(2) Vessel(s) name(s) and ownership papers or proof of authority to offer the vessel(s).

(3) Drawings or pictures of the offered vessel(s).

(b) Offered Rates. Offeror must provide charter hire rates for the vessels or services. Rates will be incorporated into the contract document upon award. See below tables:

Firm Period Vessels Rates:

(c) Published commercial price list/tariff.

(d) Reserved

(e) Representation and Certifications.

FAR LINK: https://www.acquisition.gov/far/

(1) FAR Provision 52.203-2

(2) FAR Provision 52.209-7

(3) FAR Provision 52.212-3 Alt I

DFARS LINK: http://farsite.hill.af.mil/VFDFARA.HTM

(4) DFARS Provision 252.209-7991

(f) Small business subcontracting plan if required

Vessel Characteristic Sheet (to be filled out by the Offeror)

Minimum Vessel Requirements Table

FLAG

Vessel

Charter Hire (Per Day)

Firm Period https://www.acquisition.gov/far/ http://farsite.hill.af.mil/VFDFARA.HTM

CLASSIFICATION

DECK EQUIPMENT

STABILITY

VESSEL ENDURANCE

CREW REQUIREMENTS

MESSING AND BERTHING

VESSEL DECK SPACE

BOXES

B-1 BOX FORMAT

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

Solicitation Number: N32205-17-R-3413 Contract Number:

1. Vessel(s) Required:

SEE RFP PWS

2. Place / Range of Delivery: Naval Base, Pearl Harbor, HI

3. Place / Range of Redelivery: Naval Base, Pearl

Harbor, HI

4. Charter Period):

19 June 2017 to on or about 30 June 2017

About 12 days

5. Laydays:

19 June 2017 at 0700 Hours

6. Terms/Conditions/Attachments added, deleted or modified:

Boxes 50 – 62 N/A

GENERAL DATA

7. Vessel/Flag/Year Built:

8. Proposal Firm Until:

9. Amendments Acknowledged (amendment numbers and dates):

10. Owner (style, address, phone, cell phone, pager, e-mail, fax):

11. Broker (address, phone, e-mail, fax):

12. Remittance address for hire (if other than box 10):

FIRM PERIOD

FULL OPERATIONAL STATUS

RATE

REDUCED OPERATIONAL

STATUS RATE

NOT APPLICABLE

REDUCED OPERATIONAL

STATUS RATE

NOT APPLICABLE

13. USD per diem

14. USD per diem

15. USD per diem

Vessel(s):

Solicitation Number : N32205-17-R-3413 Contract Number:

16. Indicate anticipated crewing arrangements during ROS (Less Than 10 Days) and ROS (10 Days and Longer):

N/A

17. Other Costs:

18. Laydays Proposed: 19. Estimated Readiness Date:

20. Voluntary Intermodal Sealift Agreement (VISA) Status of Offeror and Vessel(s):

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

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

24. INMARSAT Ident.: 25. Vessel's e-mail/Fax:

26. Call Letters: 27. Official number:

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

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

32. Beam (extreme)

a. (ft) b. (m)

33. Length Overall:

a. (ft) b. (m)

34. Immersion (on draft in Box 36):

a. (LT/in) b. (t/cm)

35. Length between perpendiculars:

a. (ft) b. (m)

36. Summer mean draft:

a. (ft) b. (m)

37. Deadweight capacity (on draft in Box 36):

a. (LT) b. (t)

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

a. (LT/in) b. (t/cm)

39. Summer Load Line Freeboard:

a. (ft b. (m)

40. Shaft Horsepower/kilowatts:

a. (hp) b. (kW)

41. Brake Horsepower/kilowatts:

a. (hp) b. (kW)

42. Nationality of Master/Officers/Crew: 43. Number of persons other than crew that can be carried:

44. Classification society entered and class assigned:

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

47. Last dry-dock date (mm/dd/yy): 48. Next dry-dock date (mm/dd/yy):

49. MarAd subsidized vessel: Yes _____ No ___

50. Total grain cubic capacity (cu ft / cubic meters underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides): N/A

51. Total Bale cubic capacity (cu ft / cubic meters underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides): N/A

52. Number of tween decks: N/A

53. Cargo Space N/A

a. Square footage of cargo space (note particularly total ft2, ft2 with 10 ft clearance, ft2 underdeck, Ro/Ro Space):

b. Square meters of cargo space (note particularly total m2, m2 with 3.048 m clearance, m2 underdeck, Ro/Ro Space):

54. Total underdeck container capacity (TEU/FEU): N/A

55. Total on-deck container capacity (TEU/FEU): N/A

56. Total refrigerated-container capacity (TEU/FEU, including number/style of outlets): N/A

57. Reefer-space capacity (cu ft / cu meters): N/A

58. Deep-tank capacity (cu ft/cu meters/bbls): N/A

59. Capacity of spaces fitted with cell guides (TEU): N/A

60. Amount and location of permanent ballast carried: N/A

61. General description of ramps (number, location, size, capacity, and type):

(note particularly weight of heaviest permissible vehicle in LT or t)

62. General description of cargo spaces and special features:

GEAR

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

CASUALTIES / DEFICIENCIES

64. Has vessel been involved in any serious grounding or collision within twelve months from the submission date of this proposal?

65. Are any deficiencies lodged by any regulatory body outstanding against the Vessel? (include full description if

"yes")

FUEL CONSUMPTION AT SERVICE SPEEDS

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

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

68. Average fuel consumption (net bbls at 60 deg F and grade(s): for laden, moderate weather passage at speed identified in Box 66):

69. Average fuel consumption (net bbls at 60 deg F and grade(s): for ballast, moderate weather passage at speed identified in Box 67):

70. Auxiliaries underway fuel consumption (net bbls at

60 deg F and grade(s), only if not elsewhere identified):

71. Idle fuel period fuel consumption (net bbls at 60 deg

F and grade(s)):

FUEL CONSUMPTION AT VARIABLE SPEEDS

72. Average fuel consumption (net bbls at 60 deg F for all grades and all engines/auxiliaries utilized while underway over moderate-weather passages at the speed, ranges, and grade(s) indicated):

73. Grades Consumed:

74a. Knots LADEN -

Net bbls per mile

Net bbls per day

Operating

Range

(NM)

74b. Knots BALLAST

- Net bbls per mile

Net bbls per day

Operating

Range

(NM)

08 . 08

09 09

10 10

11 11

12 12

13 13

14 14

15 15

16 16

17 17

18 18

19 19

20 20

21 21

22 22

75. Cancellation Fee: Not Applicable

"Cancellation costs" means, and only means, costs specifically identified by the Contractor in its proposal and actually incurred by the Contractor between contract award and vessel delivery to the Government including, and limited to, the following categories of costs: costs incurred by the Contractor for vessel acquisition, reflagging costs and modification, or conversion costs, and only to the extent such modification, or conversion costs were incurred in order for the vessel to meet contract requirements. The Government has sufficient working capital funds for these cancellation costs.

When requesting payment of cancellation costs, the Contractor shall provide evidence satisfactory to the

Contracting Officer verifying that Contractor actually incurred the specified categories of cancellation costs prior to delivery of the vessel to the Government and the amount thereof.

The cancellation costs must be reasonable, allowable, and allocable to the contract as defined in FAR 31.201.

The Government will not be obligated in any event to reimburse the Contractor for the specified categories of cancellation costs in excess of the amount allotted in the schedule above for each contract period regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." The Contractor agrees that payment of the specified cancellation costs according to the schedule above for any contract period fully compensates the Contractor for the specified categories of cancellation costs. The Contractor waives any right it may have to claim any additional costs for the specified categories of cancellation costs in the event such cancellation costs become payable, whether as a result of a termination for convenience or as a result of the

Government's failure to exercise an option. As used in this clause, the total amount payable by the Government for the specified categories of cancellation costs in the event the Government does not exercise an option or terminates the contract for convenience is as set forth in the schedule above.

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

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

“Remedies,” or “Excessive Time Lost.” The clauses entitled “Default,” “Loss of Vessel,” “No Cost Cancellation –

Deficiencies,” “Remedies,” and “Excessive Time Lost” are not subject to cancellation costs.

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

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

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

PERFORMANCE WORK STATEMENT

BOXES

B-2 BOX FORMAT

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

Solicitation Number: N32205-17-R-3413 Contract Number:

1. Vessel(s) Required:

SEE RFP PWS

2. Place / Range of Delivery: Naval Base, Pearl Harbor, HI

3. Place / Range of Redelivery: Naval Base, Pearl

Harbor, HI

4. Charter Period):

19 June 2017 to on or about 30 June 2017

About 12 days

5. Laydays:

19 June 2017 at 0700 Hours

6. Terms/Conditions/Attachments added, deleted or modified:

Boxes 50 – 62 N/A

GENERAL DATA

7. Vessel/Flag/Year Built:

8. Proposal Firm Until:

9. Amendments Acknowledged (amendment numbers and dates):

10. Owner (style, address, phone, cell phone, pager, e-mail, fax):

11. Broker (address, phone, e-mail, fax):

12. Remittance address for hire (if other than box 10):

FIRM PERIOD

FULL OPERATIONAL STATUS

RATE

REDUCED OPERATIONAL

STATUS RATE

NOT APPLICABLE

REDUCED OPERATIONAL

STATUS RATE

NOT APPLICABLE

13. USD per diem

14. USD per diem

15. USD per diem

16. Indicate anticipated crewing arrangements during ROS (Less Than 10 Days) and ROS (10 Days and Longer):

N/A

17. Other Costs:

18. Laydays Proposed: 19. Estimated Readiness Date:

20. Voluntary Intermodal Sealift Agreement (VISA) Status of Offeror and Vessel(s):

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

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

24. INMARSAT Ident.: 25. Vessel's e-mail/Fax:

26. Call Letters: 27. Official number:

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

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

32. Beam (extreme)

a. (ft) b. (m)

33. Length Overall:

a. (ft) b. (m)

34. Immersion (on draft in Box 36):

a. (LT/in) b. (t/cm)

35. Length between perpendiculars:

a. (ft) b. (m)

36. Summer mean draft:

a. (ft) b. (m)

37. Deadweight capacity (on draft in Box 36):

a. (LT) b. (t)

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

a. (LT/in) b. (t/cm)

39. Summer Load Line Freeboard:

a. (ft b. (m)

40. Shaft Horsepower/kilowatts:

a. (hp) b. (kW)

41. Brake Horsepower/kilowatts:

a. (hp) b. (kW)

42. Nationality of Master/Officers/Crew: 43. Number of persons other than crew that can be carried:

44. Classification society entered and class assigned:

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

47. Last dry-dock date (mm/dd/yy): 48. Next dry-dock date (mm/dd/yy):

49. MarAd subsidized vessel: Yes _____ No ___

50. Total grain cubic capacity (cu ft / cubic meters underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides): N/A

51. Total Bale cubic capacity (cu ft / cubic meters underdeck, exclusive of deep tanks, wing tanks, reefer spaces, and spaces fitted with cell guides): N/A

52. Number of tween decks: N/A

53. Cargo Space N/A

c. Square footage of cargo space (note particularly total ft2, ft2 with 10 ft clearance, ft2 underdeck, Ro/Ro Space):

d. Square meters of cargo space (note particularly total m2, m2 with 3.048 m clearance, m2 underdeck, Ro/Ro Space):

54. Total underdeck container capacity (TEU/FEU): N/A

55. Total on-deck container capacity (TEU/FEU): N/A

56. Total refrigerated-container capacity (TEU/FEU, including number/style of outlets): N/A

57. Reefer-space capacity (cu ft / cu meters): N/A

58. Deep-tank capacity (cu ft/cu meters/bbls): N/A

59. Capacity of spaces fitted with cell guides (TEU): N/A

60. Amount and location of permanent ballast carried: N/A

61. General description of ramps (number, location, size, capacity, and type):

(note particularly weight of heaviest permissible vehicle in LT or t)

62. General description of cargo spaces and special features:

GEAR

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

CASUALTIES / DEFICIENCIES

64. Has vessel been involved in any serious grounding or collision within twelve months from the submission date of this proposal?

65. Are any deficiencies lodged by any regulatory body outstanding against the Vessel? (include full description if

"yes")

FUEL CONSUMPTION AT SERVICE SPEEDS

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

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

68. Average fuel consumption (net bbls at 60 deg F and grade(s): for laden, moderate weather passage at speed identified in Box 66):

69. Average fuel consumption (net bbls at 60 deg F and grade(s): for ballast, moderate weather passage at speed identified in Box 67):

70. Auxiliaries underway fuel consumption (net bbls at

60 deg F and grade(s), only if not elsewhere identified):

71. Idle fuel period fuel consumption (net bbls at 60 deg

F and grade(s)):

FUEL CONSUMPTION AT VARIABLE SPEEDS

72. Average fuel consumption (net bbls at 60 deg F for all grades and all engines/auxiliaries utilized while underway over moderate-weather passages at the speed, ranges, and grade(s) indicated):

73. Grades Consumed:

74a. Knots LADEN -

Net bbls per mile

Net bbls per day

Operating

Range

(NM)

74b. Knots BALLAST

- Net bbls per mile

Net bbls per day

Operating

Range

(NM)

08 . 08

09 09

10 10

11 11

12 12

13 13

14 14

15 15

16 16

17 17

18 18

19 19

20 20

21 21

22 22

75. Cancellation Fee: Not Applicable

"Cancellation costs" means, and only means, costs specifically identified by the Contractor in its proposal and actually incurred by the Contractor between contract award and vessel delivery to the Government including, and limited to, the following categories of costs: costs incurred by the Contractor for vessel acquisition, reflagging costs and modification, or conversion costs, and only to the extent such modification, or conversion costs were incurred in order for the vessel to meet contract requirements. The Government has sufficient working capital funds for these cancellation costs.

When requesting payment of cancellation costs, the Contractor shall provide evidence satisfactory to the

Contracting Officer verifying that Contractor actually incurred the specified categories of cancellation costs prior to delivery of the vessel to the Government and the amount thereof.

The cancellation costs must be reasonable, allowable, and allocable to the contract as defined in FAR 31.201.

The Government will not be obligated in any event to reimburse the Contractor for the specified categories of cancellation costs in excess of the amount allotted in the schedule above for each contract period regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." The Contractor agrees that payment of the specified cancellation costs according to the schedule above for any contract period fully compensates the Contractor for the specified categories of cancellation costs. The Contractor waives any right it may have to claim any additional costs for the specified categories of cancellation costs in the event such cancellation costs become payable, whether as a result of a termination for convenience or as a result of the

Government's failure to exercise an option. As used in this clause, the total amount payable by the Government for the specified categories of cancellation costs in the event the Government does not exercise an option or terminates the contract for convenience is as set forth in the schedule above.

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

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

“Remedies,” or “Excessive Time Lost.” The clauses entitled “Default,” “Loss of Vessel,” “No Cost Cancellation –

Deficiencies,” “Remedies,” and “Excessive Time Lost” are not subject to cancellation costs.

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

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

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

PERFORMANCE WORK STATEMENT

1.1 General: The Military Sealift Command (MSC) requests a vessel to provide support for EOD Group One

Mobile Diving Salvage Exercise.

1.2 Operating Scenario: The vessel will support underway and local pier-side diving operations and training, surface-supplied diver training/operations, coxswain training, and support non-diving training evolutions as necessary on a continuous 24-hour basis in water depths between 40-300 feet. The vessel shall be prepared to carry small boats and a certified hyperbaric chamber per US Coast Guard and US Navy requirements, provide hyperbaric chamber services for emergencies and routine decompression operations, replenishment/minor maintenance support, and personnel support. The vessel will also support loading, storage and discharge of Government materials and equipment, arranging for any shore-side equipment if required for load/discharge operations.

1.3 Area of Operations: The vessel will operate out of the Joint Base Pearl Harbor Hickam in Honolulu, Hawaii, in and around the Hawaiian Islands, and be required to pull into military and civilian ports in as needed by specific training evolutions.

1.4 Delivery: Naval Base, Pearl Harbor, HI

1.5 Redelivery: Naval Base, Pearl Harbor, HI

1.6 Charter Period: 19 June 2017 to on or about 30 June 2017 (about 12 days).

1.7 Lay Days: Commencing on 19 June 2017 at 0700

1.8 Certifications: The vessel must meet all federal, state, and local regulations for the operations they will be conducting.

1 . 9 Endurance and Seakeeping: The vessel must be capable of supporting at-sea operations for up to 12 days without resupply. In addition, the support ship shall be able to operate in conditions up to and including sea state 5 and conduct launch and recovery of small boats, divers, RHIBs, and CRRCs, up to sea state 3.

1.10. Minimum Vessel Requirements:

Minimum Vessel Requirements Table

FLAG USA

CLASSIFICATION USCG CERTIFIED (COI) WITH NO RESTRICTIONS TO SUSTAIN 12

DAYS UNDERWAY NAVIGATION AND CONDUCTING OF

OPERATIONS WITH CARRIAGE OF 25 PASSENGERS.

DECK EQUIPMENT 1) VESSEL SHALL HAVE 2,500 SQ FT OF CONTIGUOUS OPEN DECK

SPACE OF SUFFICIENT DECK STRENGTH TO LOAD THE REQUIRED

GFE/CFE. THE VESSEL SHALL ALSO HAVE THE CAPABILITY TO

CONDUCT UNIVERSAL FOUR-POINT LASHING ON THE DECK. VESSEL

MUST PROVIDE SUPPORT EQUIPMENT FOR HANDLING THE GFE/CFE

INCLUDING A FORKLIFT FOR MANEUVERING THEM ONBOARD AND

SECURING THEM TO THE DECK IN ACCORDANCE WITH FEDERAL

REGULATIONS.

2) SHIPBOARD CRANE, CAPABLE OF LIFTING AND SUPPORTING

30,000 LBS OF EQUIPMENT FROM THE DECK TO THE WATER.

3) ELECTRICAL POWER. THE VESSEL MUST BE ABLE TO PROVIDE

SUFFICIENT ELECTRICAL POWER IN THE VICINITY OF THE

GOVERNMENT FURNISHED EQUIPMENT (GFE) IDENTIFIED IN THIS

DOCUMENT. AT A MINIMUM, FOUR (4) 480 VAC, 100 AMP (DELTA)

OUTLETS, FOUR (4) 22 VAC 3-PHASE, 60 AMP, 60 HZ OUTLETS SHALL

BE PROVIDED.

4) FUEL STORAGE. THE VESSEL SHALL BE EQUIPPED WITH AN USCG

APPROVED, MINIMUM 450 GALLON EXTERNAL FUEL STORAGE

TANK FOR GASOLINE TO FACILITATE REFUELING RHIBS.

5) FRESH WATER. THE VESSEL SHALL PROVIDE A MINIMUM OF

14,000 GALLONS OF POTABLE WATER TO SUPPORT EMBARKED

PERSONNEL AND CREW LIVING ONBOARD. AND AN ADDITIONAL

15,000 GALLONS OF FRESH WATER DAILY ON DECK FOR

EQUIPMENT WASH DOWN DURING THE 12 DAY PERIOD.

6) DIVE STAGE AREA. THE VESSEL SHALL BE EQUIPPED WITH A

DIVER’S STAGING AREA FOR LAUNCHING AND RECOVERING

DIVERS. AT A MINIMUM, STAGING AREA MUST CONSIST OF WATER

ACCESS BY LADDER OR REMOVABLE BULKHEAD. THE EQUIPMENT

USED TO HANDLE THE OVER-THE-SIDE DIVERS SHOULD MEET THE

REQUIREMENTS OF U.S. NAVY DIVING AND MANNED HYPERBARIC

SYSTEM CERTIFICATION MANUEL, NAVSEA (SS521-AA-MAN-010).

7) COMMUNICATION EQUIPMENT. THE VESSEL SHALL CARRY

MARINE VHF AND SHIP’S CELL PHONE AND SHALL ACCOMMODATE

THE INTEGRATIONS OF GFE COMMUNICATIONS EQUIPMENT AND

ANTENNAS INCLUDING SECURE HF/VHF/SATCOM.

8) NAVIGATION EQUIPMENT. THE VESSEL SHALL BE EQUIPPED

WITH A GYROCOMPASS WITH REPEATERS, GPS, AND RADAR.

STABILITY DYNAMIC POSITIONING OR FOUR-POINT MOOR. VESSEL SHALL

BE EQUIPPED WITH AN OPERABLE DYNAMIC POSITIONING

SYSTEM, DP2 OR EQUIVALENT OR HAVE FOUR-POINT MOORING

CAPABILITY. IN THE EVENT OF DP2; OFFEROR WILL PROVIDE

TWO (2) FULLY QUALIFIED AND CERTIFIED DYNAMIC

POSITIONING OFFICERS IN ORDER TO SUPPORT 24/7

OPERATIONS. IN THE EVENT OF FOUR POINT MOORING, THE

OFFEROR WILL PROVIDE MEANS TO POSITION ANCHORS.

VESSEL ENDURANCE 12 DAYS

CREW REQUIREMENTS ALL CREW MUST BE U.S. CITIZENS AND PROPERLY DOCUMENTED

FOR MARINE EMPLOYMENT

MESSING AND BERTHING BERTHING FOR EIGHT (8) PASSENGERS AT SEA FOR 12 DAYS. THE

VESSEL SHALL BE ABLE TO EMBARK A TOTAL OF 25 PERSONNEL

DURING NORMAL WORKING HOURS (0700-1900).

VESSEL TO SUPPLY THREE (3) HOT MEALS PER PERSON PER DAY

VESSEL DECK SPACE THE DECK SHALL BE CONFIGURED TO ACCOMMODATE THE

FOLLOWING EQUIPMENT:

-ONE (1) NAVSEA CERTIFIED STANDARD NAVY DOUBLE-LOCK

RECOMPRESSION CHAMBER SYSTEM (SNDLRCS) INCLUDING AN AIR

SUPPLY RACK ASSEMBLY (ASRA): CONSISTS OF A STANDARD 20’X

8’X 8’ ISO SHIPPING CONTAINER (25,000 LBS FULLY LOADED).

- FMGS (FLY-AWAY MIXED GAS SYSTEM) CONSISTING OF:

i. ONE (1) MIXED-GAS CONTROL CONSOLE ASSEMBLY

80”X66”X38” (870LBS)

ii. ONE (1) AIR RACK ASSEMBLY (ASRA) 80”X64”X75” (3500LBS)

iii. THREE (3) HELIUM-OXYGEN SUPPLY RACK ASSEMBLE

(HOSRA) 80”X64”X75” (3200LBS) EACH, 9600LBS TOTAL)

iv. ONE (1) OXYGEN SUPPLY RACK ASSEMBLY (OSRA)

80”X64”X75” (3300LBS)

v. TWO (2) BOOSTER ASSEMBLIES 48”X48”X36” (550LBS

EACH, 1100LBS TOTAL)

-ONE (1) RECOMPRESSION CHAMBER LIFE SUPPORT SKID (10’ X 8’;

14,000LBS)

-ONE (1) MINI- FLY AWAY DIVE LOCKER (FADL) (88”X108”X96”;

8000LBS)

- TWO (2) COMBAT RUBBER RAIDING CRAFT (CRRCS) (12’ X 6’ X 2.5’;

265LBS EACH).

- TWO (2) 7-METER RHIBS (24’ X 11’; 9,000LBS EACH)

- ONE (1) AIR COMPRESSOR FOR CHAMBER SUPPORT AND SCUBA

CHARGING (6’X 4’, APPROXIMATELY 2,300LBS)

ALL DECK STORED EQUIPMENT SHALL BE GRIPED OR STOWED TO

SUPPORT OPEN OCEAN TRANSIT IN SEA STATES EQUALING

VESSEL’S SEA STATE CAPABILITY.

GENERAL REQUIREMENTS

SUBSTITUTION OF VESSEL(S):

1. Substitution of vessel(s) is not authorized during the performance periods except for a casualty that would prevent the vessel(s) from performing the requirements fully. Notice of intent to substitute by the Contractor shall identify the vessel(s) being substituted and the vessel(s) for which substitution is being made and shall provide the Contracting Officer with sufficient information on which to base a determination regarding good cause for substitution and the acceptability of the nominated substitute vessel. Notice shall be submitted in writing and shall be submitted sufficiently in advance to permit the Contracting Officer to make a reasoned determination regarding good cause and substitute vessel(s) suitability. If circumstances require oral notification, said notice shall provide all of the above-required information and shall include a statement of circumstances that preclude a written notice prior to substitution. Confirmation of the information given in an oral notice shall be submitted to the Contracting Officer in writing within forty-eight (48) hours of the giving of oral notification.

a) The Contractor shall fix and deploy a substitute vessel(s) within a period of six (6) hours of submission of notice of substitution or within six (6) hours of the commencement of any off-hire, whichever occurs first.

(See section entitled “Off-hire” below.)

b) Any vessel(s) offered as a substitute shall have substantially the same characteristics, i.e., shall be similarly fitted and otherwise equal or superior in performance, as the vesselfor which it was substituted and shall be fully ready to perform in accordance with this Charter Party upon arrival at the work site designated by

Charterer. Any vessel(s) substituted under this Clause shall result in no cost increase for Charterer, and substitution shall result in no operation delay for Charterer except as provided above. It shall not otherwise excuse any other performance required under this Charter party.

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

d) Notwithstanding the Charterer's prior acceptance of any substitute vessel(s) under this paragraph, the

Charterer may, at any time, reject any previously accepted substitute vessel if it is determined that the characteristics of that substitute vessel(s) were misrepresented by the Contractor or are otherwise unsuited to the requirements of this contract.

VESSELS COMPLEMENT AND CREW:

2. The Master(s), Officers and entire crew shall be US citizens, speak English fluently, and possess valid and current United States Coast Guard certificates, licenses, and documents. The Master, Officers and crew of the vessel(s) shall be appointed or hired by the Contractor and shall be deemed to be the servants and agents of the

Contractor at all times except as otherwise expressly specified in this contract. The Master(s) of the vessel(s) shall be under the direction of the Government as regards the employment of the vessel(s) under a given order, but shall not be under Government's orders as regards navigation, care, and custody of the vessel(s).

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

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

5. All contractor employees shall have in their possession photo identification at all times when working under this

Charter Party Contract.

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

7. SECURITY CLEARANCES. (RESERVED)

TYPICAL SERVICES:

8. Contractor shall provide adequate staff and communications to promptly respond to Government's requests for services under this contract on a 24-hour per day basis.

OTHER SERVICES, RESPONSIBILITIES, PLANS AND REPORTS

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

REQUESTS FOR SERVICE

10. Requests for services within the scope of this Charter Party contract may be issued by:

a) Contracting Officer

PRICE SHEET

RATE STRUCTURE:

1. This Charter Party contract has a daily hire rate structure with reimbursable elements as follows:

(a) DAILY HIRE RATE STRUCTURE

i) Daily Hire: Except as otherwise provided herein, the daily hire rate shall be considered payment in full for all services of the vessel, associated equipment, and all other requirements under this Charter

Party contract, including, but not limited to penalty time, bonuses, payments, and emoluments payable to Master, Officers and crew for services under this Charter, irrespective of the geographic scope of said service. Daily Hire rate shall be considered payment in full for all overtime, including but not limited to crew overtime. Daily Hire shall include costs for berthing and messing as stated in the above table. Port charges and the price that the Contractor pays for fuel shall be reimbursable.

2. The rates to be paid under this Charter Party contract, as offered and accepted at the time of award, are as follows:

DAILY RATES

WAGE DETERMINATION

Wage Determination (2015-0213 Rev.6) is incorporated into this contract and is available upon request. Please contact Kolby Harold (kolby.harold@navy.mil) to obtain wage determination.

OTHER REQUIREMENTS

OFF HIRE

1. GENERAL. In the event of the loss of time resulting from deficiency and/or default of men including but not limited to misconduct, illness, injury, strikes, labor disruptions, lockouts; deficiency of stores; fire; breakdown of or damage to hull, machinery, or equipment; collision; stranding; grounding; detention by authorities;

average accidents to Vessel or cargo unless resulting from inherent vice, quality, or defect of the cargo; repairs;

inspections; all dry-dockings including those for the purpose of examination/inspection or painting bottom but not for those dry-dockings under the Alterations clause contained herein; or deviation for the purpose of landing any ill or injured person on board other than any passenger, supercargo, or military personnel who may be carried at Charterer's request; or by any other cause whatsoever preventing the full working of the Vessel, the payment of hire shall cease for all time lost until the Vessel is again, at a position not less favorable to the

Charterer than that at which such loss of time commenced, ready and in a fully efficient state to resume her service. Should the Vessel deviate or put back during a voyage contrary to the orders or directions of the

Charterer for any reason, the hire is to be suspended from the time of her deviating or putting back until she is again, at a position not less favorable to the Charterer than that at which such loss of time commenced, ready and in a fully efficient state to resume her service. When the period of time lost to the Charterer on any one occasion is less than two (2) consecutive hours, the hire shall not be reduced for such period, provided no missions were missed during that period of time.

Charter Hire (Per Day)

See Box 18A

2. COSTS FOR OWNER. The cost of fuel consumed while the Vessel is off-hire, as well as all port charges, pilotages, and other expenses incurred during such period and consequent upon the putting in to any port or place other than that to which the Vessel is bound, shall be borne by the Owner. All fuel used by the Vessel being driven into port or to shallow harbors or to rivers or ports with bars, the delay of the Vessel and/or expenses resulting there from shall be for Charterer's account.

3. DELAYS/EXCESSIVE FUEL CONSUMPTION. If upon any passage the Vessel fails to make the warranted speed or if her warranted fuel consumption exceeds that offered due to defect in or breakdown of any part of her hull, machinery, or equipment; casualty; or inefficiency of Master, Officers, or crew or their failure to proceed with utmost dispatch, and if the Vessel is delayed more than two (2) hours, provided no missions were missed during that period of time, the hire for the time lost and any cost of extra fuel consumed, if any, shall be borne by the Owner.

LOSS OF VESSEL

4. LOSS OF VESSEL. Should any or all of the vessels be either lost or missing, or become a constructive total loss, the portion of the charter for such vessel(s) shall terminate and hire shall cease to be payable at the time of the loss or, if said time is unknown, at the time of the vessel(s) last received communication. If the vessel(s) should be off hire or missing when a payment of hire would otherwise be due, such payment shall be postponed until the off-hire period ceases or the safety of the vessel(s) is ascertained, as the case may be.

REIMBURSABLE ITEMS:

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

5. REIMBURSABLE SUPPLIES AND SERVICES (CHARTERS) (MAR 2005)

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

The parties expressly agree that the offered and accepted daily rate includes all costs incurred or paid by the

Contractor, including but not limited to material handling charges, overhead, general and administrative costs, or profit, that are in any way associated with the Contractor’s purchase or provision of such supplies and services.

(2) To be eligible to receive reimbursement for services and supplies identified in this Contract as reimbursable items and obtained in support of this Contract, the Contractor must obtain at least three quotes for each transaction in excess of $2,500 to ensure that adequate price competition was sought or the Contractor must provide an acceptable justification as to why it was impracticable to do so. In the case of fuel purchases, unless directed otherwise by the Contracting Officer, the Contractor shall provide the documentation listed in subparagraphs (i) through (iii) below to the Contracting Officer for approval prior to purchasing fuel.

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

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

(ii) Identification of the proposed subcontractor and price.

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

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

Officer finds, in his/her sole discretion, is greater than that which is fair and reasonable for the supplies or services provided, giving due consideration to the facts and circumstances prevailing at the time that the

Contractor procured the supplies and services. Disputes as to the amount by which any reimbursement is reduced shall be resolved in accordance with the “Disputes” clause of the Contract. It shall be the

Contractor’s burden to demonstrate that the price it paid for reimbursable supplies and services were fair and reasonable.

(4) When the Contractor expects total funding expended for reimbursable items to reach 85 percent of the total funds available on each Reimbursable Supplies and Services CLIN, the Contractor shall notify the

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

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

(6) The Contractor is not obligated to continue performance of any reimbursable work under this Contract or otherwise incur costs for reimbursable supplies or services in excess of the funded amount stated in the

Schedule under each Reimbursable CLIN unless the Contracting Officer notifies the Contractor that the funded amount stated in the Schedule under the applicable Reimbursables CLIN has been increased.

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

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

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

6. PASSENGERS, SUPERCARGO AND GOVERNMENT REPRESENTATIVES:

(a) Charterer’s Option. Reserved.

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

(c) Charterer’s Liability. The Charterer shall be liable to the Owner for any loss of the Vessel's fittings or appurtenances or any damage to the Vessel, her fittings, or appurtenances caused by the act of passengers, supercargoes, evacuees, or military personnel in the embarkation, carriage, or debarkation of passengers, supercargoes, evacuees, or military personnel to the extent such loss or damage is not payable under the

Vessel's insurance policies. However, the Charterer shall not be liable for such damage unless written notice specifying such damage and, if obtainable, the name of the party or parties causing such damage shall have been given to the Charterer or its authorized representative within a reasonable time. Payment for any such loss or damage shall be by agreement of the parties and failure to agree shall be resolved under the FAR clause 52.212-4(d) Disputes.

7. DELIVERY

Vessel delivery within the laydays specified in Box B1 is of paramount importance to the Government. It is anticipated by the parties that the Vessel will be delivered within the laydays specified in Box B1 and any delay in delivery beyond the laydays ending date shall constitute a material breach of this contract. The

Vessel and all Associated Equipment shall be delivered to the Charterer at a port or place in accordance with Box B1 at place of delivery on the date stated in Box B1, the Contractor giving written notice of readiness during office hours to the appropriate Government representative at the port or place of delivery on a working day (Saturdays, Sundays, or other recognized weekly days of rest, U.S. Government holidays, and holidays observed at the delivery port, whether national or local, shall not be considered working days).

Government inspection of the Vessel shall be completed within a reasonable amount of time thereafter, not exceeding twenty-four (24) hours after proper tender of the notice of readiness, (Saturdays, Sundays, or other recognized weekly days of rest, U.S. Government holidays, and holidays observed at the delivery port, whether national or local, excepted in the computation of said twenty-four hour period). Hire shall commence upon acceptance of the Vessel by the Charterer but not before the date commencing in Box B1.

8. REDELIVERY

Unless lost, the Vessel shall be redelivered at a port or place in accordance with Box B1.

9. PORTS/PLACES

(1) Safety. The Charterer shall exercise due diligence to order the Vessel to safe berths or places (or alongside vessels or lighters reachable on her arrival and designated/procured by the Charterer) that the

Vessel can approach, lie at, and depart from always accessible, always afloat. The Charterer shall not, however, be deemed to warrant the safety of any berth or place and shall not be liable or accountable for any loss, damage, injury, or delay resulting from any unsafe condition at any berth or place unless caused by the Charterer's failure to exercise due diligence as aforesaid. Any lightering will be at the expense of the Charterer; however, in the event the Charterer directs the Owner to arrange for lighterage services, the Owner shall make all necessary arrangements therefore.

(2) Ice. The Vessel shall not be ordered or bound to enter any port or place inaccessible due to ice or at which lights, lightships, markers, or buoys on Vessel's arrival are (or are likely to be) withdrawn by reason of ice. The Vessel shall not be obliged to force ice. If a port or place to which the Vessel is ordered is inaccessible due to ice, the Master shall immediately notify the Charterer requesting revised orders and shall remain outside the ice-bound area. If there is danger of the Vessel being frozen in at any port or place, the Vessel shall, at Master's discretion, proceed to the nearest safe and ice-free position, at the same time requesting the Charterer's revised orders. Any delay or detention resulting from ice to be for the Charterer's account.

10. CHARTER PERIOD

This Charter Party shall be for the period designated in Box B.1, commencing upon the Charterer's acceptance of the Vessel and continuing until either the date of her redelivery or the completion of the voyage then current, at the Charterer's sole option. Any option periods shall be in direct continuation; shall be without guaranty at the Charterer's sole option; and shall be declared as specified in the PWS. Optional periods may be declared at any time prior to redelivery of the Vessel.

11. INFORMATION ASSURANCE

Reserved.

15. VESSEL WARRANTY

15.1 General. Owner warrants that the Vessel performing under this contract shall be in full conformity with the requirements of this contract from the time of delivery and thereafter during the currency of this contract. Additionally the owner warrants that the Vessel shall be under U.S. flag upon delivery (see

DFARS 252.247-7025 at Section I concerning requirements for reflagging work in U.S. shipyards.).

15.2 Regulatory Compliance. The Owner warrants that the Vessel and all Associated Equipment shall be in full compliance with all applicable international conventions and all applicable laws, regulations, and other requirements of the nation of registry and of the nation(s) and local jurisdictions to whose port(s) and/or place(s) it is contemplated that the Vessel will be ordered hereunder. The Vessel shall be delivered and maintained in the highest class of a recognized classification society and be in compliance with all current safety, health, and pollution regulations promulgated by appropriate authorities, including the latest applicable IMO regulations. The Owner further warrants that the Vessel shall have on board all certificates, records, or other documents required by the aforesaid conventions, laws, regulations, and requirements, including a Certificate of Financial Responsibility meeting the requirements of the U.S. Coast Guard and promulgated pursuant to the U.S. Federal Water Pollution Control Act, as amended, and/or the Oil Pollution

Act of 1990.

15.3 Complement. The Owner warrants that the Vessel shall have an efficient and legally sufficient complement of Master, Officers, and crew with adequate training and experience in operation of all of the

Vessel's equipment. The Master, Officers, and entire crew shall be U.S. citizens (if Vessel is U.S.-flag), speak English, and possess valid and current certificates, licenses, and documents. The Master, Officers, and crew of this Vessel shall be appointed or hired by the Owner and shall be deemed to be the servants and agents of the Owner at all times except as otherwise specified in this Charter. The Master of the Vessel shall be under the direction of the Charterer as regards the employment of the Vessel but shall not be under

Charterer's orders as regards navigation, care, and custody of the Vessel.

15.4 Speed, Maneuverability and Station Keeping Warranty.