3424_A0001.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

See Attached Amendment Information.

1. CONTRACT ID CODE PAGE OF PAGES

1 26

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

16C. DATE SIGNED

BY 20-Jul-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 N3220517R3424

X 9B. DATED (SEE ITEM 11)

13-Jul-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 is extended, X 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 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

20-Jul-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:

N3220517R3424

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0001

1. Amendment 0001 is issued to make the following Performance Work Statement changes:

a. Section 1.2, Operating Scenario adds the following sentence to Paragraph 1 - See Section

1.11, Minimum Vessel Characteristics - Messing and Berthing.

b. Section 1.2, Operating Scenario adds paragraph 5, as follows, “Weapons may be carried by boarding team and/or control team personnel, but no ammunition will be carried. All weapons will be verified clear and safe by USCG personell aboard.”

c. Section 1.11, Minimum Vessel Characteristics - Messing and Berthing, adds a sentence stating, "The berthing shall, at a minimum, separately accommodate one female and four male personnel. The males may be berthed together.”

d. Section 15.1, Vessel Warranty – General, removes the second sentence.

2. All other terms and conditions remain unchanged.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

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):

Solicitation Number: N32205-17-R-3424 Contract Number:

1. Vessel(s) Required:

SEE RFP PWS

2. Place / Range of Delivery:

Sembawang, Singapore

3. Place / Range of Redelivery:

Sembawang, Singapore

4. Charter Period):

About 15 days

5. Laydays:

Commencing/Cancelling 23 August 2017 at 0800

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

Boxes 50 – 62 N/A

GENERAL DATA

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):

FIRST PERIOD

FULL OPERATIONAL STATUS

RATE

REDUCED OPERATIONAL

STATUS RATE

13. USD per diem

14. USD per diem

NOT APPLICABLE

15. USD per diem

NOT APPLICABLE

SECOND PERIOD

FULL OPERATIONAL STATUS

RATE

13A. USD per diem

14A. USD per diem

15A. USD per diem

Solicitation Number : N32205-17-R-3424 Contract Number: TBD

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):

Solicitation Number : N32205-17-R-3424 Contract Number:

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)

02 . 02

03 03

04 04

05 05

06 06

07 07

08 08

09 09

10 10

11 11

75. RESERVED

PERFORMANCE WORK STATEMENT

Vessel Support for US Pacific Fleet Maritime Security Exercise (SEACAT)

1.1 General. This requirement is for up to two (2) chartered vessels to be used during the underway phase of Exercise SEACAT 2017, 23 August 2017 to on or about 06 September 2017. The vessels will serve as training platform to facilitate compliant boarding exercises in the Andaman Sea / Indian Ocean. The Government may make two contract awards to one contractor or two separate awards to different contractors.

1.2 Operating Scenario. The vessel will facilitate boarding exercises and training in the Andaman Sea/Indian Ocean. One vessel will travel IVO western Thailand, Bangladesh, and Sri Lanka. The other vessel will travel IVO Indonesia (Riau Islands), Singapore, and peninsular Malaysia. Each vessel must accommodate (berthing and messing) a Control Team onboard consisting of five (5) naval personnel from US & partner nations participating in the exercise per vessel. They will include an officer controller, one or two senior evaluators and possibly a linguist or medical specialist. These personnel will receive continuous instructions from an exercise control group located in Singapore. See Section 1.11, Minimum Vessel Characteristics - Messing and Berthing.

The Vessels will embark and disembark the Control Team, at anchor or pier side, either at Sembawang, Singapore or a designated anchorage in the vicinity of Singapore. The team will embark on or about 23 August 2017 and disembark on or about 06 September 2017. Updated local times will be provided prior to the start of the exercise.

During the duration of the exercise, the vessel will receive instructions from exercise controllers to reach waypoints at set times.

Boarding by exercise participants will occur in operation areas off the coasts of Bangladesh, Thailand, and Sri Lanka or Indonesia (Riau Islands), Singapore, and peninsular Malaysia. Exact operation areas will be identified prior to the start of the exercise and may be adjusted to obtain improved sea states or less maritime traffic.

Weapons may be carried by boarding team and/or control team personnel, but no ammunition will be carried. All weapons will be verified clear and safe by USCG personnel aboard.

1.3. Special Requirements:

(a) US or Foreign Flag commercial vessel(s) (U.S.Flag Preference) of four acceptable vessel types;

small container, handy size bulk carrier, coastal tanker and offshore supply (OSV) with specifications shown below. Offers for any type of vessel or vessels may be made.

SMALL CONTAINER VESSEL

LOA of 100m-200m;

Speed of 10-15kts;

Freeboard minimum of 4m and maximum freeboard of 7m;

HANDYSIZE BULK CARRIER

LOA of 100m-200m;

speed of 10-15kts;

freeboard minimum of 4m and maximum freeboard of 6m;

COASTAL TANKER

Commercial tank vessel (oil/product/chemical) with LOA of 75m-150m;

Speed of 10-15kts;

Freeboard minimum of 4m and maximum freeboard of 6m;

OFFSHORE SUPPLY VESSEL (OSV)/DEEP SEA TUG

Offshore Supply Vessel (OSV, AHTS, PSV) or Deep Sea Tug with LOA of 50m-100m;

Speed of 10-15kts;

Freeboard minimum of 2m and maximum freeboard of 4.5m;

(b) Notwithstanding any restrictions in this charter party to the contrary, the contractor agrees to the embarkation of up to an additional 30 government personnel (boarding team) multiple times a day.

1.4 Area of Operations. One vessel will travel to IVO western Thailand, Bangladesh, and Sri Lanka. The other vessel will travel IVO Indonesia (Riau Islands), Singapore, and peninsular Malaysia. The vessels may be required to pull into military and civilian ports as needed by specific training evolutions.

1.5 Delivery: Sembawang, Singapore, no later than 0800 hours local (Port to be provided after award)

1.6 Redelivery: Sembawang, Singapore, no later than 2200 hours local (Port to be provided after award)

1.7 Charter Period: About 15 days.

1.8 Lay Days: Commencing on 23 Aug 17 at 0800 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 15 days without resupply.

1.11 Minimum Vessel Requirements.

Minimum Vessel Requirements Table

FLAG US or Foreign Flag commercial vessel (U.S. Flag Preference)

NAVIGATION EQUIPMENT All required equipment and capabilities required for vessel type and service.

VESSEL ENDURANCE 15 Days

FREEBOARD RANGE

Varies based on type of vessel (see Special Requirements above)

LENGTH OVERALL Varies based on type of vessel (see Special Requirements above)

SPEED 10-15 KTS

CREW REQUIREMENTS

Certifications: The vessels will be crewed to safely and efficiently operate the vessel and perform mission operations on a 24-hour basis as described herein.

Additionally, crewing for voyages in accordance with local regulatory body requirements shall be maintained throughout the charter period. Licensing and documentation are required in accordance with regulatory body regulations as applicable to the vessel’s type, size, class, and service. The Master, officers, and crew shall possess valid and current licenses, certificates, and documents for the capacity in which each is employed. At all times while underway, the Contractor shall have at least one shipboard employee aboard who has first aid and CPR certification within the past 12 months. Also, the MASTER or at a minimum one of the DECK OFFICERS, must be proficient in spoken ENGLISH in each vessel.

MESSING AND BERTHING

The Contractor shall provide adequate berthing accommodations for five (5) sponsor personnel per vessel and provide drinking water and three (3) hot meals per person per day per vessel. All berthing accommodations shall be air conditioned and heated. Adequate showers/heads shall be provided. The berthing shall, at a minimum, separately accommodate one female and four male personnel. The males may be berthed together.

1.12 DAILY HIRE: Except as otherwise provided herein, the daily charter hire rate shall be considered payment in full for all services of the Vessel and Associated Equipment and all other requirements under this Charter Party contract, including, but not limited to berthing and messing (virtualing for five (5) personnel), 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 charter hire rate shall also be considered payment in full for all overtime. Port charges, launching, and fuel expenses are reimbursable.

2. GENERAL DEFINITIONS

Definitions are provided as Attachment B for reference and clarity purposes.

3. 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.

4. REDELIVERY

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

5. Ports/Places

5.1 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.

5.2 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.

6. 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.

7. Insurance

7.1 Vessel Owner’s Insurance.

7.1.1 During the full period of this Charter Party, Contractor shall maintain marine insurance coverage on the Vessel, including:

i. Hull and Machinery,

ii. Protection and Indemnity (P&I) (including pollution liability),

iii. War Risk Hull and Machinery,

iv. War Risk Protection and Indemnity (P&I), and

v. Second Seaman’s War Risk.

Except as otherwise expressly provided in Section 7.1.3 below or as expressly provided in Section 7.1.3 below or as expressly provided in the section entitled “War” , all expenses for such insurance coverage (including but not limited to premiums, additional premiums, calls, commissions, overspill claims, advancements, assessments, deductibles, and all other insurance costs regardless of Charterer or Contractor fault, neglect, action or inaction, or cause of claim or cost whatsoever) shall be for Contractor’s account and shall be deemed to be included in the hire payable under this Charter Party. Within 10 calendar days following award of this contract, Contractor shall provide the Contracting Officer copies of policies or cover notes evidencing that required coverage has been obtained and demonstrating that the coverage is consistent with the requirements of this section. Contractor’s failure to provide the required policies or cover notes may be considered material breach of this contract.

Contractor shall make insurance claims under applicable policies for all damages, injuries, or claims arising from or related to this charter when directed by Charterer regardless of Charterer’s fault, neglect, action, inaction, or breach of clauses, obligations or warranties (express, implied or otherwise) of this charter contract.

7.1.2 Contractor shall obtain an endorsement on all of Contractor’s insurance policies by which Contractor’s Insurer “waives all rights of subrogation against the United States of America up to an amount of $350,000,000.

7.1.3 If Vessel is sent beyond the limits of American Institute Trade Warranties under this Charter Party, the Charterer agrees to reimburse the Contractor for the actual extra cost of additional premiums and/or increased deductible levels to the extent such extra cost is occasioned by the Vessel’s trading beyond such limits. Contractor shall immediately notify Charterer whenever any sailing orders will send the Vessel beyond such limits, shall identify to Charterer any anticipated additional cost of insurance relating thereto, and shall obtain Charterer’s approval to proceed beyond such limits prior to doing so. If Contractor fails to provide the notifications required or to obtain Charterer’s informed prior approval, Charterer shall not be required to reimburse the Contractor for the costs described in this paragraph. The issuance of sailing orders, by itself, does not constitute approval in advance by Charterer.

7.1.4 All policies shall contain an endorsement stating that “in the event Insurer receives from Vessel Owner any notice of cancellation or any notice of material change to the policy or its coverage, the cancellation or change shall not be effective until 30 days after written notice thereof is provided to Charterer’s Contracting Officer by the Insurer (unless such change is directed by the Charterer’s Contracting Officer).” Additionally, Contractor shall immediately notify Charterer of any change whatsoever in coverage.

7.2 Charterer Named Additional Assured on Owner’s Hull Policy, War Risk Hull Policy, Protection and Indemnity (P&I), War Risk P&I, and Second Seaman’s War Risk Policy.

7.2.1 The United States of America (as Charterer) shall be named as an additional assured with waiver of subrogation under the Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, Protection and Indemnity (P&I), War Risk P&I, and Second Seaman’s War Risk policy. Within 10 calendar days following award of this contract, Contractor shall provide the Contracting Officer copies of policies or cover notes evidencing that the required coverage has been obtained. Contractor’s failure to provide the required policies or cover notes may be considered material breach of this contract.

7.2.2 “Other than owner” and “as owner” limitations. If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, Protection and Indemnity (P&I), War Risk P&I, or Second Seaman’s War Risk policy contain(s) any provision limiting coverage under the policy only to liabilities arising as owner of the vessel, Contractor shall arrange for such limiting provision to be stricken from the policy.

7.2.2.1 If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, Protection and Indemnity (P&I), War Risk P&I, or Second Seaman’s War Risk policy contain(s) any provision designed to limit the effect of striking “other than owner” or “as owner” provisions, such provisions shall also be amended to ensure Charterer is provided full benefit of the insurance for its acts as Charterer.

7.2.3 Limitations of Coverage to U.S. Limitation of Shipowners’ Liability Act (or similar) limitation amounts. If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and/or Second Seaman’s War Risk policy contain(s) any provision(s) limiting maximum payment to Owner in any instance to the amount to which Owner is able to limit Owner’s liability pursuant to the U.S. Limitation of Shipowners’ Liability Act of 1851, the 1976 Convention on Limitation of Liability for Maritime Claims, or any similar law, Contractor shall arrange for such limiting language to be stricken or amended to ensure the policy or policies are not similarly limited in payment or coverage amount with respect to coverage afforded the United

States of America as additional assured Charterer.

7.3 Time Charterer Protection and Indemnity (P&I) with P&I War Risk Coverage.

7.3.1 Contractor shall obtain a Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage for the United States of America (as Charterer) with coverage amount of $350,000,000 and covering all risks typically covered by Time Charterer Protection and Indemnity entries with P&I War Risk coverages in Protection and Indemnity associations that are members of the International Group. Except as otherwise expressly provided in the section entitled “War,” all expense of such policy/entry described in this section (including but not limited to premiums, additional premiums, calls, commissions, overspill claims, advancements, assessments, deductibles, and all other insurance costs regardless of Charterer or Contractor fault, neglect, action or inaction, or cause of claim or cost whatsoever) shall be for Contractor’s account and shall be deemed to be included in the hire payable under this Charter Party. Within 10 calendar days following award of this contract, Contractor shall provide the Contracting Officer a copy of the policy. Contractor’s failure to provide the required copy of the policy may be considered material breach of this contract. Contractor shall make insurance claims under the Time Charterer Protection and Indemnity policy/entry described in this section when directed by Charterer.

7.3.2 Charterer shall not be obliged to declare to the insurer all ships chartered by it. Contractor will advise the insurer that the Charterer will not declare all ships chartered by it to the insurer, and shall obtain an endorsement on the policy stating, “the United States of America, as charterer, is not required to declare to [insert insurer name] all ships chartered by it.”

7.4 Contractor to Indemnify. If Contractor fails to name the United States as additional assured with waiver of subrogation on Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s War Risk policy; or fails to obtain for the United States the Time Charterer P&I policy/entry with War Risks coverage; the Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses which would have been covered by the required insurance policies/coverage.

7.4.1 Contractor shall not, through action or inaction (including but not limited to failing to meet all conditions of a policy, causing through action or inaction cessation of a policy, or violating any warranty of a policy), vitiate or void the coverage afforded by the Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, Second Seaman’s War Risk policy, or the coverage afforded by the Time Charterer Protection and Indemnity policy/entry with P&I War Risk coverage. If any such policy is vitiated or voided by Contractor’s action or inaction, Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses which would have been covered by the policy had such policy remained in full force and effect.

7.4.2 In the event Contractor fails to strike “other than owner” or “as owner” provisions per Section 7.2.2, fails to amend supplemental limiting provisions as described in Section 7.2.2.1, or fails to amend provisions limiting payment or coverage as described in Section 7.2.3, Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses which would have been covered by Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and Second Seaman’s War Risk policy had such provisions been stricken or amended as required.

8. WAR

8.1 Voyage Instructions. Operating limits of the vessel subject to this contract shall be worldwide. If the Vessel is ordered under this Charter Party to any port, place, or zone involved in a state of war, warlike operations or hostilities, civil strife, or piracy (whether there be a declaration of war or not) where it might be reasonably expected to be subject to capture, seizure, arrest, or hostile act by a belligerent power (whether de facto or de jure), pirate, or terrorist, it shall be unreasonable for the Contractor not to prosecute said voyage if insurance against said risks is then available commercially or under a Government program, or if the Government offers the Contractor indemnification against said risks pursuant to Public Law 85‐804 (72 Stat. 972, August 28, 1958).

8.2 The Contractor shall immediately notify the Charterer: (i) whenever any sailing orders will result in the Vessel subject to this contract being sent beyond the limits of the War Risk Trading Warranties of insurance policies required under this contract (to include entry into a war risk exclusion zone or when the Vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places or any other waters described in the Lloyd’s Joint War Committee’s current Hull War, Strikes, Terrorism and Related Perils Listed Areas); (ii) if there are any changes to the War Risk Trading Warranties of insurance policies required under this contract (including changes to the exclusion zones or the Hull War, Strikes, Terrorism and Related Perils Listed Areas) or changes to War Risk premiums, charges, or deductibles; or (iii) whenever additional premium charges or costs will be incurred as a direct result of compliance with any sailing orders issued by the Charterer under this contract. The Contractor shall ensure that the insurers provide it relevant information in a timely manner. If the Contractor has given this required notice to the Charterer, the Charterer will reimburse the Contractor for the increase in costs (if any) of insurance premiums, charges, or deductibles which arise from the vessel sailing beyond the applicable War Risk Trading Warranties (including changes to the war risk exclusion zones) when entry into any exclusion zone or Hull War, Strikes, Terrorism and Related Perils Listed Areas under such insurance has been approved in advance by the Charterer. The issuance of sailing orders, by itself, does not constitute approval in advance by the Charterer. The Charterer may give the Contractor notice and instructions concerning suspension of commercial War Risk insurance coverage and substitution of Government indemnity or Government War Risk insurance as detailed in the section entitled “Government War Risk Insurance/Indemnity” below.

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

9. Government War Risk Insurance/Indemnity

9.1 General. Upon receipt of notice and instruction from the Contracting Officer, as specified in the last sentence of Section 4.2 of the section entitled “War (Section 8)” above, with respect to any area excluded by the War Risk Trading Warranties or included by the Lloyd’s Joint War Committee on the Hull War, Strikes, Terrorism and Related Perils Listed Areas under the Contractor’s commercial War Risk coverage, the Contractor shall, as soon as practicable, contact its insurance brokers or underwriters and arrange for the suspension of its commercial War Risk insurance upon entry of the vessel into, or extension of stay of the vessel in such area(s), or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places, or any other waters described in the Lloyd’s Joint War Committee’s current Hull War, Strikes, Terrorism and Related Perils Listed Areas , as the case may be, subject to resumption of its commercial War Risk insurance upon exiting such area(s).

In such instances, the Contractor shall accept the Government’s indemnity or War Risk insurance, whichever is applicable, in lieu of such commercial War Risk insurance. The Contractor shall ensure that the suspension of its commercial War Risk coverage is coincident with the time that any Government indemnity or War Risk insurance becomes effective, and shall likewise ensure that its commercial War Risk insurance is resumed at the time when any Government indemnity or War Risk insurance becomes ineffective. The Contractor shall retain the same risks, such as deductibles (if any), that it has under its commercial insurance.

9.2 Government War Risk Insurance. Under the authority of 46 U.S.C. § 53905, the United States Maritime Administration (MARAD), at the request of Commander, Military Sealift Command, may furnish the following war risk insurance coverage, which will be effective during the vessel’s transit under this Contract in areas which are in war risk exclusion zones, or waters described in the current Lloyd’s Joint War Committee Hull War, Strikes, Terrorism and Related Perils Listed Areas , or otherwise excluded under the Contractor’s commercial marine War Risk trading warranties, and which are designated by notice from the Contracting Officer to the Contractor:

(1) War Risk Hull Coverage, insured at the hull value stated in Vessel’s current commercial hull and increased-value policies effective on Charter Party date, a copy of which current hull policies shall be furnished to Charterer;

(2) War Risk Protection and Indemnity coverage, insured at a value of either (i) 150% of the hull value stated in Vessel's current commercial hull policy effective on Charter Party date or (ii) $50,000,000, whichever is greater but in no event exceeding that amount of commercial P&I cover which was in effect for the Vessel on Charter Party date;

(3) War Risk Blocking and Trapping Coverage;

(4) War Risk Second Seaman’s coverage, the principal sum of which shall be $200,000 per Master, Officer, or crew member (this is also the loss-of-life benefit);

(5) War Risk Loss-of-Hire coverage, if a commercial loss-of-hire policy was in effect on the Vessel on Charter Party date. The sum insured by this policy, including the amount of lost time that is covered, will be equivalent to the levels insured by the Vessel's commercial policy. However, the amount insured by this policy will in no event exceed the hire rate (effective under this Charter Party when the loss of time began), over a maximum duration of 90 days lost. This maximum amount will be further subject to a deductible equivalent to that in place under the Vessel's commercial policy.

9.3 Government Indemnity. Under the authority of Public Law 85‐804 (72 Stat. 972, August 28, 1958) and Executive Order 10789, as amended by Executive Order 11610, the Secretary of Defense or the Secretary of the Navy may authorize the Contracting Officer to indemnify the Contractor against loss from risks that would be covered by MARAD war risk coverage as set forth in the paragraph entitled “Government War Risk Insurance” directly above.

10. Readiness. Readiness is a required service of the Vessel. Readiness shall be defined as the ability of a Vessel and Associated Equipment to perform the function for which designed, built, or chartered, including the ability to deploy without delays, whether or not so ordered to perform. If there is a degradation of this readiness, such that actual performance or condition of the Vessel or Associated Equipment shows any failure to satisfy one or more of the Owner's warranties or renders the Vessel in less than a fully efficient state, the hire will be proportionately decreased so as to indemnify the Charterer to the extent of such failure, this Charter Party to remain otherwise unaffected. Failure of the parties to agree upon the extent of the proportional decrease in hire shall be a dispute under FAR clause 52.233-1, “Disputes” – Alternate 1 incorporated herein by reference in Section I. Nothing in this clause shall limit the rights of the Charterer to place the Vessel off-hire pursuant to paragraph 11 (Off-Hire).

11. Off-Hire . 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 damages 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;

drydocking for the purpose of examination or painting bottom; 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 ready and in a fully efficient state to resume her service from a position not less favorable to the Charterer than that at which such loss of time commenced. 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 ready and in a fully efficient state to resume her service from a position not less favorable to the Charterer than that at which such loss of time commenced. When the period of time lost to the Charterer on any one occasion is less than four (4) consecutive hours, the hire shall not be reduced for such period.

11.1 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 therefrom shall be for Charterer's account.

11.2 Delays/Excessive Fuel Consumption. If upon any passage the Vessel (i) fails to make the warranted speed in Box 66 or if her warranted fuel consumption exceeds that in Boxes 68-71 , either or both of which are 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 (ii) is delayed more than twelve (12) hours, the hire for the time lost and any cost of extra fuel consumed, if any, shall be borne by the Owner. Any delay by ice shall be for the Charterer's account.

12. VESSEL MODIFICATIONS. The Government may at its option modify the vessels to meet new or changing mission requirements. The Government will either task the Contractor to perform or to subcontract for the modifications as a reimbursable item, or undertake the modifications itself. Any and all equipment put aboard as a result of the modifications will be Government Furnished Equipment (GFE). All GFE will be removed prior to the Vessel's re-delivery at the expense of the Government, unless otherwise agreed to. The Contractor may not modify the vessel without approval of the Contracting Officer. Any approved modifications will be fully tested and verified by the appropriate Government authority. Mission related unforeseen structural modifications affecting class or the vessel's certifications may be required. The costs of Government directed modifications, and the costs to restore the vessel to its original class or certification at award and as required by this contract shall be borne by the Government.

13. INFORMATION ASSURANCE

13.1 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.

13.2 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.

13.3 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.

13.4 Initial certification to be provided to the Government upon receipt.

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

13.6 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.

13.7 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:

13.8 Use and protect all such information from unauthorized disclosure IAW current Federal, DoD, and Navy instructions and regulations

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

13.10 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.

13.11 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.

14. SAFETY MANAGEMENT SYSTEM

14.1 SMS Implementation Plan. Within 30 days of contract award, the Contractor shall submit to the Government an SMS implementation plan that identifies:

(1) An index of procedures that will be included in the SMS.

(2) An index of documents external to the SMS, maintained aboard the ship, that relate to safety.

(3) The method for tracking, reporting, and resolving non-conformities including procedures concerning Job

Safety Analysis (JSA) and Root Cause Analysis (RCA).

(4) Contact information for personnel within the Contractor’s Safety Department, responsible for submitting monthly reporting requirements to the COR and PO2 Safety.

(5) Contact information for the Contractor’s Designated Person Ashore (DPA).

(6) A notional schedule for obtaining classification society approval of the SMS including:

(7) Implementing the SMS throughout the shore side and shipboard organizations.

(8) Conducting the internal and external audits necessary to obtain certification.

(9) The planned frequency of Management Reviews.

14.2 SMS Documentation. Updates and revisions to the SMS shall be submitted to the Government as they occur.

Copies of the Contractor’s Document of Compliance (DOC) and shipboard Safety Management Certificates (SMCs) shall be maintained by the operating company at all times. Electronic copies of these documents shall be furnished to the Government upon issuance and endorsement. The Government shall be furnished with copies of the required third party periodic reviews as well as any Contractor responses. The Government reserves the right to periodically audit the shipboard and corporate systems in accordance with the Contractor’s Quality Management System.

14.3 SMS Notifications. The Contractor shall provide notification of the following Safety topics to the Government in accordance with the timelines prescribed below.

14.4 Provide SMS Procedures. The Contractor shall provide electronic copies of all procedures from the approved SMS to the Government within 30 days of classification society approval. The required format for submission of the procedures is PDF or Microsoft Word. Any updates after approval of the SMS shall be provided to the Government within 10 days.

14.5 Management Reviews. The Government reserves the right to attend, as an observer, the Contractor’s Management Reviews for informational purposes. The Contractor shall provide electronic notification to the Government at least 14 days prior to any scheduled reviews.

14.6 Notification of Hazardous Situations (i.e.” Near Miss”). Paragraph 9.1 of the ISM Code requires the Contractor’s SMS to include procedures that address reporting of hazardous situations. The Contractor shall provide electronic copies of all vessel hazardous situation reports to the Government by the 7th of every month.

Negative responses are also required by the 7th of every month. The Contractor may redact Personally Identifiable Information (PII) from reports. Information required in the report includes: the Date of the event, the Ship Name, a detailed Summary of the Near Miss, the Position Title(s) of Personnel Involved, Corrective Action(s) Taken, and Lessons Learned.

14.7 Accident (i.e.” Mishap”) Reports. Paragraph 9.1 of the ISM Code requires the Contractor’s SMS to include procedures for reporting mishaps. The Contractor shall submit initial notification of severe mishaps to the Government within 24 hours. Severe mishaps include, but are not limited to death, dismemberment, loss-of-sight, broken bones, and man overboard.