N32205-17-R-3419.pdf

SEE ADDENDUM

(No Collect Calls)

N3220517R3419 08-May-2017

b. TELEPHONE NUMBER

757-443-5963

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 10 May 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N322059. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SEAN BLACK

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MILITARY SEALIFT COMMAND NORFOLK

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

NORFOLK VA 23511-2419

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

483111

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF77

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N3220517R3419

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Charter Hire Daily Rate

FFP

Charter Hire Daily Rate FOB: Destination

NET AMT

PSC Code: V124

Delivery

FFP

Delivery

Redelivery

FFP

Redelivery

Reimbursables

FFP

Reimbursables

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 18-JUL-2017 TO

21-JUL-2017

N/A N/A

0002 POP 18-JUL-2017 TO

21-JUL-2017

0003 POP 18-JUL-2017 TO

0004 POP 18-JUL-2017 TO

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government

PERFORMANCE WORK STATEMENT

NOTES ON CONTRACT

INVOICE INSTRUCTIONS

See clause 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) and the MSC Specific WAWF Instructions provided below as a supplement to 252.232-7003.

The SCHEDULE of Supplies and Services follows as the CLINS and the Performance Work Statement.

BOXES

B-1 BOX FORMAT

Vessel(s):

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

Solicitation Number (date):

Contract Number (date):

1. Vessel Required:

See RFP PWS

2. Place/Range of Delivery:

Mykolaiv River Port, Ukraine

3. Place/Range of Redelivery:

Mykolaiv River Port, Ukraine

4. Charter Period 18 July 2017 to on or about 21 July 2017

(about 4 days)

5. Lay Days:

18 JUL 2017, 1200 hours local time

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

Boxes 16, 20, 50-62, and 74 are not applicable (N/A)

Vessel(s):

7. Vessel/Flag/Year Built: 8. Proposal Firm Until:

THE OFFER IS FIRM UNTIL AN AWARD IS MADE

UNLESS WITHDRAWN.

9. Amendments Acknowledged (amendment numbers and dates)

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

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

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

FIRM PERIOD

FULL OPERATIONAL STATUS RATE REDUCED OPERATIONAL

STATUS RATE

REDUCED OPERATIONAL STATUS

RATE

NOT APPLICABLE 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): N/A

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 ______ Will not be subsidized after postaward sale.

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): N/A

CARGO CAPACITY (continued)

62. General description of cargo spaces and special features: N/A

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?

(include full description if "yes")

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)):

74. Cancellation Fee: N/A

PERFORMANCE WORK STATEMENT

VESSEL SUPPORT FOR THE SEA BREEZE 2017 EXERCISE

1.1 General. This requirement is for one (1) chartered vessel to be used during the underway phase of exercise SEA BREEZE 2017, 18 July 2017 to on or about 21 July 2017. The vessels will be used as a training platform to facilitate compliant boarding exercises in the North West Black Sea

1.2 Operating Scenario. The contractor shall provide one (1) total training vessels to facilitate boarding exercises in the North West Black Sea. Each training vessel will need to accommodate a Control Team onboard.

The Control Team (Government) will rendezvous at pier side in Port of Mykolaiv River, Ukraine on 18 Jul 2017 no later than 1200 hours local time. The Control Team will consist of up to ten (10) members. The vessel will embark and disembark, at pier side, a control team in either Mykolaiv River Port, Ukraine. The Control Team will embark the vessel on 18 July 2017 at 1200 hours and disembark the training vessel NLT 21 July 2017 at 2200 hours local time. Disembarkation could take up to two (2) hours. Boarding events will occur in international waters in and around the Black Sea starting on the afternoon of 18 July 2017 to on or about 21 July 2017, ending no later than 1100 hours local time, at which point the vessel can return to port. During the duration of the exercise, the training

FUEL CONSUMPTION AT VARIABLE SPEEDS

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): It is estimated without guarantee that the vessel will be in port 60% of the time and underway laden 40% of the time. Underway periods shall consist of independent steaming, convoy operations, transit to/from selected ports for vessel and cargo maintenance, or for cargo discharging/loading operations 72: Grades Consumed:

73 A. LADEN 73 B. BALLAST

Knots

Net bbls per mile

Net bbls per day

Operating Range (NM)

Knots 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 vessel will receive instructions from exercise controllers to reach waypoints in the North West Black Sea. Boardings by exercise participants will occur in operation areas just outside the territorial waters of Ukraine. Exact operation areas will be identified prior to the start of the exercise.

1.3. Special requirements:

(a) The vessel shall provide billeting to include meals, water, and sleeping facilities for ten (10) embarked Control Team Members/Supercargo personnel.

(b) The vessel shall provide administrative support to include e-mail message and internet access support for embarked control team officers. The vessel shall be equipped with AIS or allow installation of a temporary AIS system.

(c) The vessel shall allow the use of weapons either in safe condition without ammunition or utilizing simunition paint rounds onboard their vessel to facilitate exercise scenario play. Simunition paint rounds are non-lethal 9mm cartridges that leave a small washable paint marking to its target.

(d) Notwithstanding any restrictions in this charter party to the contrary, the contractor agrees to the embarkation of up to an additional 16 government personnel (boarding team) multiple times a day.

1.4 Area of Operations. The vessel will operate in Mykolaiv River Port, Ukraine and international waters of the Northwest Black Sea, and be required to pull into military and civilian ports in as needed by specific training evolutions.

1.5 Delivery: Mykolaiv River Port, Ukraine, no later than 1200 hours local

1.6 Redelivery: Mykolaiv River Port, Ukraine, no later than 2200 hours local

1.7 Charter Period: 18 July 2017 to on or about 21 July 2017 (about 4 days)

1.8 Lay Days: Commencing on 18 July 2017 at 1200 hours local time

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

1.10 Endurance and Seakeeping. The vessel must be capable of supporting at-sea operations for up to 4 days without resupply.

1.11 Minimum Vessel Requirements.

Minimum Vessel Requirements Table

FLAG US or Foreign Flag (preference will be given to U.S. Flagged vessel)

NAVIGATION EQUIPMENT The vessel shall be equipped with AIS or allow installation of a temporary AIS system.

ENDURANCE

Four (4) days

FREEBOARD RANGE

Minimum of three (3) meters of freeboard.

LENGTH OVERALL AND BEAM Vessel length shall not exceed forty-five (45) meters (or 150 feet)

MESSING AND BERTHING

Berthing for ten (10) passengers at sea for 4 days.

Vessel to supply three (3) hot meals per person per day

GENERAL REQUIREMENTS

SUBSTITUTION OF VESSEL(S):

1. Substitution of vessel(s) is not authorized during the four-day performance period except for a casualty that would prevent the vessel(s) from performing the requirements fully. Substitution of vessel(s) is authorized, but only for good cause shown and upon proper notice to the Government and approval of the Contracting Officer.

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) and Officers shall speak English fluently. 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. The following list is provided for illustrative purposes only and describes some of the services that may be performed as requested on the basis of a 24-hour per day readiness:

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

b. Transfers of pilots and Government Personnel by vessel;

c. Vessel(s) emergency support services, including responses to weather conditions threatening vessels, piers, dry-docks, or shore facilities; shipboard fires; vessels aground; vessel equipment failures; downed aircraft;

oil spills; missions of mercy; collisions; ammunition mishaps; and search-and-rescue operations and shipboard casualty or National Defense Emergency;

d. Line handling; and

e. Providing personnel (other than a riding crew) to go aboard a ship; and,

9. 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

10. 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

11. 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 and the nominal carriage of ammunition and hazardous cargoes. 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

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.

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.

Charter Hire (Per Day) See Box 18A

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. The Charterer shall have the option of carrying passengers, assigning officers and/or enlisted personnel aboard the Vessel for duty purposes and appointing supercargo (supercargo as used herein is both plural and singular) as far as accommodations and inspection certification allow and in accordance with COMSC Instruction 3120.19 as amended. If supercargo remains onboard for over 24 hours, Charterer shall, in accordance with the Reimbursable Supplies and Services clause of this Performance Work Statement (See below, paragraph 36), pay an amount of $30.00 per day, per person, covering all expenses including accommodations and messing. Owner shall victual all other U.S.

Government representatives, pilots, and Customs Officers when authorized by Charterer. Charterer shall pay $7.00 per meal for all such authorized and approved messing provided as a result thereof.

(b) Military Personnel. In addition to the carriage of personnel noted in subparagraph above, Charterer shall have the option to assign other military personnel aboard the Vessel. Such personnel are not to require 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 of place in accordance with Box B1.

9. PORTS / PLACES:

(a) 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.

(b) 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 Charter’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:

(a) Information Security (InfoSec). The Contractor shall implement InfoSec measures for its contractor furnished unclassified information technology system(s) used in performance of this contract. InfoSec measures shall be compliant with DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information. At a minimum, the security standards extracted from the referenced National Institute of Standards and Technology (NIST) Special Publication 800-53, Security and Privacy Controls for Federal Information Systems and Organizations, or accepted equivalents, shall be incorporated into any InfoSec program the contractor establishes.

(b) DFARS Compliance Certification. The contractor's InfoSec measures shall be certified to be in compliance with DFARS 252.204-7012 by an accredited third party organization. The Contractor shall attain DFARS compliance certification within 60 days of commencement of performance under the contract, and shall maintain it continuously for the entire remaining period of performance. The Contractor shall notify the Contracting Officer within 24 hours if for any reason the certification is revoked. Costs associated with attaining and/or maintaining certification will not be reimbursed by the Government.

(c) Documentation. The Contractor shall provide a copy of the third-party DFARS 252.204-7012 compliance certification to the Contracting Officer and COR(s) in accordance with the below schedule. The Government reserves the right to contact the certifying institution directly to obtain additional information or to confirm the validity of the certificate or certification process.

(d) Initial certification to be provided to the Government upon receipt.

(e) If base period is six months or less, the initial certification is considered valid for both the base and first option periods.

(f) Thereafter, the Government requires the contractor to submit annual recertification documentation no later than 14 days prior to end of current performance period, except if it is the last performance period of the contract.

(g) Handling of Non-Public Information. In performance of this contract, the contractor may have access to DoD information not available to the general public or protected by public law or DoD policy. Such information includes but is not limited to: medical, proprietary, critical program information (CPI), personally identifiable information, and export controlled data. The contractor agrees to:

i) Use and protect all such information from unauthorized disclosure IAW current Federal, DoD, and

Navy instructions and regulation.

ii) Return and/or electronically purge, upon Government request, any DoD information no longer required for contractor performance.

(h) Remote Access to Government Networks. Use of public networks or computers (e.g., library, coffee shop) to access Government networks is strictly prohibited. Use of personally owned devices to access Government networks in support of this contract is permissible only if explicitly allowed by and addressed in the Contractor's DFARS-compliant InfoSec policies.

(i) Cyber Incident and Compromise Reporting. In addition to the reporting requirements contained in DFARS 252.204-7012, the contractor must immediately notify MSC of all cyber incidents or compromises, as defined in DFARS 252.204-7012(d)(2). The contractor shall also immediately notify MSC of all incidents involving classified information spillage onto unclassified networks or Personally Identifiable Information (PII) breaches. If immediate notification is not possible, then notification must be made no later than 24 hours after an incident has been identified or suspected. Initial cyber incident and compromise reports shall contain as much of the information required in DFARS 252.204-7012(d)(1) as can reasonably be provided in a timely manner. Submit initial and subsequent reports via encrypted email to all of the Government points of contact in the table below, as well as the COR(s). To the greatest extent practicable, MSC IA Ops and the COR(s) shall be copied on all correspondence with non-MSC Government agencies regarding reported incidents.

12. VESSEL WARRANTY:

(a) 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).

(b) 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.

(c) 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.

(d) Speed, Maneuverability and Station Keeping Warranty. The Owner warrants that, unless otherwise ordered by the Charterer, the Vessel is capable of maintaining and shall maintain, throughout the currency of this contract the speed, maneuverability and station keeping.

(e) Fuel and Speed Warranty:

i) Moderate weather – Underway Laden. The Owner warrants that, unless otherwise ordered by the

Charterer, the Vessel is capable of maintaining, throughout the period of this Charter Party, the average speed in knots identified in Box 66 on any given moderate-weather passage from sea buoy to sea buoy while fully laden to summer marks. On any such passage as just described at the average speed identified in Box 66, daily fuel consumption in net barrels shall be at the average rate(s) identified in Boxes 68 and 70, for the grade(s)/viscosity(ies) therein identified to be consumed.

ii) Moderate Weather - Variable Speeds. For periods during which the Charterer orders the Vessel to operate at speeds other than those identified in Box 66, the Owner warrants that the Vessel's total fuel consumption (including all auxiliaries) in net barrels at those ordered speeds in moderate weather shall be at the average rates identified in Boxes 72, 73A and 73B for the stated speed, range, and load conditions for the grade(s)/viscosity(ies) identified in Box 72 to be consumed.

iii) Moderate Weather - Underway Loiter/Anchor. The Owner warrants that the Vessel’s fuel consumption in net barrels (including all auxiliaries) during all periods underway at loiter or anchor shall be at the respective rates identified in Boxes 72, 73A and 73B, for the grade(s)/viscosity(ies) therein identified to be consumed.

iv) Auxiliaries. The Owner warrants that the Vessel's fuel consumption (underway/steaming/laden) in net barrels for all auxiliaries, in addition to any fuel consumption identified in Box 68, shall be at the average rate identified in Box 70 for the grades/viscosities therein identified to be consumed, regardless of speed or weather conditions.

v) In-port Periods. The Owner warrants that the Vessel's fuel consumption in net barrels (including all auxiliaries) during all periods in-port shall be at the average rate identified in Box 71, for the grade(s)/viscosity(ies) therein identified to be consumed.

(f) Remedies. Should actual performance or readiness condition of the Vessel show any failure to satisfy one or more of such warranties or other contract requirements not due to the fault of the Charterer, the hire may be equitably decreased, the Charter may be terminated, or the Vessel may be placed off-hire, at Charterer's option so as to indemnify the Charterer to the extent of such failure. However, in all cases the Owner shall bear the cost of excessive fuel consumption resulting from the Owner’s breach of its fuel warranties. The foregoing remedies shall not limit other recoveries available under law or within this charter.

(g) Other Compliances. The contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

13. SALVAGE:

(a) All salvage moneys earned by the Vessel during the period of this Charter shall be divided equally between the Owner and the Charterer after deducting Master's, Officers' and crew's shares, legal expense, Vessel hire lost, if any, as a result of the salvage service, value of fuel consumed (which shall be paid in full to the Charterer from the salvage award), repairs of damage, if any, and other extraordinary loss or expense sustained as a result of the salvage service. Charter hire shall continue to be paid by the Charterer during deviations for the purpose of performing salvage service.

(b) When engaged in the carriage of Government cargo and if requested by the Charterer, the Owner agrees to accept Navy salvage services. Such services may be provided using Navy personnel and resources or Navy contracted resources.

(c) In providing such services, the Navy, through the Charterer, agrees to waive all claims for “pure” or “bonus” salvage. Instead, the Charterer shall be entitled to the following:

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

ii) In those situations in which the Navy utilizes contracted resources to deliver assistance, the Owner shall be liable for the actual daily rate charged to the Navy by the Contractor(s).

(d) It is understood that this limited Supervisor of Salvage claim is asserted against the Vessel only, is solely for the Vessel's account, and does not include any amounts for the salvage of the Government's cargo.

Notwithstanding any other provisions of this Contract, this limited Supervisor of Salvage claim IS NOT directly or by way of setoff chargeable in whole or in part to the Government by way of general average or otherwise.

14. RISK OF LOSS:

(a) Carriage of Goods by Sea Act (COGSA). Except as otherwise specified herein, the Owner, Vessel, and

Charterer in all matters arising under this Charter Party shall be entitled to the like privileges, rights, and immunities (from the time the cargo is loaded until the time it is discharged from the Vessel) as are contained in 46 U.S.C. App. 1300-1315. However, any references in COGSA to (a) notices of loss or damage or (b) limitation-of-action periods shall not apply to this Charter Party. For purposes of this Charter Party, the term "carrier" as used in that Act shall mean "Owner" and the term "shipper" shall mean "Charterer”.

(b) Containers. For purposes of the application of the COGSA, goods shipped in containers which are stowed on deck shall be deemed shipped under deck. With respect to the limitation of liability provisions of COGSA, a container shall be considered a single package only if bulk cargo is stored therein. For non-bulk cargo shipped in containers, the limitation of liability provisions of COGSA shall apply to each package within a container or, for non-packaged cargo, to each measurement ton of cargo within the container. See “Deck Cargo”.

(c) Package Limit. Except in the case of containerized cargo, for purposes of the application of COGSA, in the case of any loss or damage to or in connection with goods exceeding in actual value $500 per package, or in the case of goods not shipped in packages, per measurement ton, the value of the goods shall be deemed to be $500 per package or per measurement ton, and the Owner's liability, if any, shall be determined on the basis of the value of $500 per package or per measurement ton, unless the nature of the goods and a valuation higher than $500 shall have been declared in this Charter Party and, in such case, if the actual value of the goods per package or per measurement ton shall exceed such declared value, the value shall nevertheless be deemed to be the declared value.