N32205-17-R-3510_Amendment_0002.docx

N32205-17-R-3510

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 0002

Amendment 0002 to N32205-17-R-3510 does the following:

1) Numerous formatting and paragraph reference corrections throughout.

2) Incorporates changes from Offeror’s Questions.

3) Attachment G is provided.

4) Attachment P is revised to include Block 14.

5) Previous Voyage Intinerary proposal requirement has been added to Part X.

6) Part X(a)(1)(b)(20)(vii) is revised to incorporate proposal requirement for acknowledgement of requirements in Attachment O.

7) Part XI paragraph (a) has been revised.

8) Attachment E is revised at paragraph 17

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

PART I - DRYTIME BOXES

Vessel(s):

MSC DRYTIME

PART I - DRYTIME BOXES

1. Vessel(s) Required:

The vessel requirements are provided as Attachment E. Attachment E is hereby incorporated into the boxes for the purposes of FAR 52.212-4(as tailored) paragraph (s) ORDER OF PRECEDENCE (TAILORED).

See Block 75 for continuation.

2. Place / Range of Delivery: Military Ocean Terminal Sunny Point (MOTSU), NC.

3. Place / Range of Redelivery:

Military Ocean Terminal Sunny Point (MOTSU), NC.

4. Charter Period):

Base period of 4 months with four option periods of 12 months each and one 7-month option period.

5. Laydays:

Commencing: 07 June 2017 Ending: 08 June 2017

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

· Any vessel requiring reflagging built in a foreign shipyard shall have a minimum of one year’s documented performance history at the time of offer submission.

· The Vessel shall be fitted with a USCG-approved marine sanitation device. The Vessel shall have the ability to process and hold all sewage and grey water discharges for at least thirty (30) days of normal operation. The Vessel shall also have a sampling port on the overboard line from the MSD to allow Government sampling of effluent.

Vessel(s):

GENERAL DATA

7. Vessel/Flag/Year Built:

8. Proposal Firm Until:

9. Amendments Acknowledged (amendment numbers and dates):

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

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

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

Vessel(s):

PRICING DATA

FIRST PERIOD

SECOND PERIOD

THIRD PERIOD

FOURTH PERIOD

Vessel(s):

FIFTH PERIOD

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

17. Other Costs:

Vessel(s):

LAYDAYS PROPOSED

18. Laydays Proposed:

19. Estimated Readiness Date:

VESSEL DATA

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

Offeror IS a VISA Participant _____ Priority Level ______ Vessel(s) offered IS (ARE)) Enrolled in VISA _____ Offeror HAS APPLIED to be a VISA Participant _______ Vessel(s) offered WILL BE Enrolled in VISA _____ Offeror IS NOT a VISA Participant _______ Vessel(s) IS (ARE) Not Enrolled in VISA ____

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)

44. Classification society entered and class assigned:

45. Insured value of vessel (USD):

46. Vessel's present position/destination:

49. MarAd subsidized vessel: Yes _____ Will not be subsidized after postaward sale.

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):

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

52. Number of tween decks:

53. Cargo Space

1. 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):

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

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

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

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

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

60. Amount and location of permanent ballast carried:

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

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

Vessel(s):

CARGO CAPACITY (continued)

62. General description of cargo spaces and special features: See block 75

Vessel(s):

GEAR

63. Number/location/SWL capacity of winches, derricks, booms, and cranes: See block 75

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

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):

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 50% of the time and underway laden 50% 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:

Knots

Net bbls per mile

Net bbls per day

Operating Range (NM)

Vessel(s):

FUEL GRADE

Vessel(s):

CONTINUATION

75. (Continuation of Block 1)

· Electronic submission of Proposals

i. Proposals shall be submitted electronically in response to this solicitation.

ii. Proposals must be submitted via e-mail in Adobe Acrobat (.pdf) format, and must be compatible with Adobe Acrobat Reader 8.0 or later version. Spreadsheets may be submitted in Excel format.

iii. Electronic proposals must contain either a verifiable electronic signature (e.g. PKI enable certificate), or a scanned image of the handwritten signature of the Offeror or Offeror's agent.

iv. Offerors are advised that delays in the receipt of e-mail do occur, and the Offeror is solely responsible for timely receipt of offers by the Government regardless of any problems or delays related to computer hardware or software systems including, but not limited to, servers and firewalls. An E-mail proposal that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for proposal submission will be considered late.

v. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes.

vi. For electronic submissions, the only acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers is the receipt of the E-mail proposal, readable, in its entirety in the designated E-mail inbox by the due date and time for proposal submission. Any other timestamp or meta-data of the Offeror's sent e-mail shall not be construed as sufficient documentation of the Government's receipt of an e-mailed offer.

vii. It is the Offeror's responsibility to ensure the Proposal has been received in the designated E-mail inbox by the due date and time.

viii. Please email electroinc proposals to bryce.kemmerer@navy.mil and cathy.stangler@navy.mil.

76. Cancellation Fee: The Contractor and Government agree the purpose of this clause is to induce the Contractor to offer to and to provide the required services when the Contractor otherwise would not offer to provide them because of the Contractor’s inability to recover its out-of-pocket costs in the event the Government does not exercise an option to extend the term of the contract or terminates the contract for the convenience of the Government.

In the event the Government does not exercise an option to extend the term of the contract or terminates the contract for convenience, the Contractor shall be entitled to not-to-exceed cancellation costs subject to the following conditions and according to the following schedule:

Prior to Delivery $ (of vessel) Vessel acquisition $ Reflagging $ Conversion/Modification $ During Fixed Performance Period $ Vessel acquisition $ Reflagging $ Conversion/Modification $

During 1st Option Performance Period $ Vessel acquisition $ Reflagging $ Conversion/Modification $

During 2nd Option Performance Period $ Vessel acquisition $ Reflagging $ Conversion/Modification $

During 3rd Option Performance Period $ Vessel acquisition $ Reflagging $ Conversion/Modification $

During 4th Option Performance Period $ Vessel acquisition $ Reflagging $ Conversion/Modification $

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

When requesting payment of cancellation costs, the Contractor shall provide evidence satisfactory to the Contracting Officer verifying that Contractor actually incurred the specified categories of cancellation costs prior to delivery of the vessel to the Government and the amount thereof.

The cancellation costs must be reasonable, allowable, and allocable to the contract as defined in FAR 31.201. The Government will not be obligated in any event to reimburse the Contractor for the specified categories of cancellation costs in excess of the amount allotted in the schedule above for each contract period regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." The Contractor agrees that payment of the specified cancellation costs according to the schedule above for any contract period fully compensates the Contractor for the specified categories of cancellation costs. The Contractor waives any right it may have to claim any additional costs for the specified categories of cancellation costs in the event such cancellation costs become payable, whether as a result of a termination for convenience or as a result of the Government's failure to exercise an option. As used in this clause, the total amount payable by the Government for the specified categories of cancellation costs in the event the Government does not exercise an option or terminates the contract for convenience is as set forth in the schedule above.

This clause does not limit the rights of the Government under the clauses entitled “Default,” “Termination for Convenience of the Government,” “Loss of Vessel,” “No Cost Cancellation – Deficiencies,” “Remedies,” or “Excessive Time Lost.” The clauses entitled “Default,” “Loss of Vessel,” “No Cost Cancellation – Deficiencies,” “Remedies,” and “Excessive Time Lost” are not subject to cancellation costs.

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

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

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

The following have been modified:

PART IV

PART IV. TIME CHARTER COMMON TERMS AND CONDITIONS (Addendum to FAR 52.212-4)

1. GENERAL DEFINITIONS

AC/DH - Air conditioning/Dehumidification

AEL – Allowance Equipment List

Alterations - Additions of equipment; changes to the configuration, location, type, or number of pieces of equipment or systems; changes in the arrangement and outfitting of Vessel’s structure.

Assisting - Movement of a tow, which is making use of, or which has available for use, her own propulsion

Associated Equipment - Construed to include all Contractor-furnished or owned equipment necessary for performance under this Charter

ATO - Anti-Terrorism Officer (same as Vessel Security Officer and/or Force Protection Officer)

AT/FP - Anti-Terrorism/Force Protection

Bbl - Barrel (42 U.S. gallons volume measure)

CAGE - Commercial and Government Entity Code (reference DFARS 252.204-7001)

CBR-D- Chemical, Biological and Radiological Defense

CFE - Contractor-furnished equipment

Charter - This document when executed; interchangeable with “Contract” and “Charter Party”

Charterer - The United States of America

Charter Party Date - Identified in Box 28 of SF-33

CMWD - Countermeasure Washdown System. Fixed system (or temporary using fire hoses attached to steel clips welded to vertical bulkheads or other structure). Using Ship’s firemain system, when activated, provides 360 degree (ideally) sea water curtain protection, mitigating the effects of CBR attacks. Also used to wash contaminants from Ship’s structure after a CBR attack.

Cocoon – a non-permanent structure installed above all or part of the main deck in order to permit climate control of containers /cargo located outside of the Vessel’s cargo holds.

COMLANTFLT – Commander, U.S. Atlantic Fleet

COMPACFLT – Commander, U.S. Pacific Fleet

COMNAVEUR – Commander, U.S. Naval Forces, Europe

COMNAVFORJAPAN - Commander, U.S. Naval Forces, Japan.

COMNAVSURFLANT - Commander, Naval Surface Force, U.S. Atlantic Fleet.

COMNAVSURFPAC - Commander, Naval Surface Force, U.S. Pacific Fleet

COMPSRON – Commander, Maritime Prepositioning Squadron

COMSC - Commander, Military Sealift Command.

COMSCINST - Commander, Military Sealift Command Instruction

COMSCCENT – Commander, Military Sealift Command Central

COMSCEUR - Commander, Military Sealift Command Europe

COMSCFE – Commander, Military Sealift Command Far East

COMSCLANT - Commander, Military Sealift Command Atlantic

COMSCPAC - Commander, Military Sealift Command Pacific

COMSECONDFLT - Commander, U.S. Second Fleet

COMSEC - Communications Security

COMSEVENTHFLT - Commander, U.S. Seventh Fleet

COMSIXTHFLT - Commander, U.S. Sixth Fleet

COMTHIRDFLT - Commander, U.S. Third Fleet

CO – Contracting Officer, identified in Box 26 of SF-33

COR - Contracting Officer's Representative

Contractor - Interchangeable with “Owner”

Crew - Of the Vessel identified at Box 7

Decontamination Station- A compartment onboard the Ship with direct access to the weather deck outfitted with features for crew decontamination.

DC - Damage Control

DCAA - Defense Contract Audit Agency

DCMA - Defense Contract Management Agency

Designated Maritime Physician - Hospital, clinic and/or physician jointly approved by Contractor/Union/COMSC providing primary care, second opinions, or hospitalization for emergency medical care.

DFARS - Department of Defense Federal Acquisition Regulation Supplement (issued by the Department of Defense)

DIS - Defense Investigative Service

DLA-E – Defense Logistics Agency – Energy, formerly DESC

DoD - Department of Defense

DRRS-N - Defense Readiness Reporting System for Navy (replaced Status Of Readiness and Training System (SORTS))

DTG – Date Time Group. A unique number consisting of date-hour-minute in Zulu time plus month (3 letter abbreviation) and year (2 digit) which facilitates making reference to that message.

DWT – Deadweight tonnage

ECDIS – Electronic Chart Display and Information System, a computer based navigation information system that complies with IMO Standards

EMCON - Emissions Control

Emergency Repairs - Unexpected and unscheduled repairs required to maintain the integrity of the Ship's hull, machinery and/or systems; to insure the safety of the crew; and/or to provide for the effective performance of the Ship's mission.

EOM - Engineering Operating Manual (COMSCINST 3540.7)

EPIRB - Emergency Position Indicating Radio Beacon

EST – Embarked Security Team, normally a 12-person force, U.S. Navy or contracted personnel

FAR - Federal Acquisition Regulation

FCC - Federal Communications Commission

FEU – Forty foot Equivalent Unit (Cargo container of 40 foot length, or size/volume/cargo capacity measurement equal to same)

FFD - Fit For Duty

FLC - Fleet Logistics Center, formerly Fleet Industrial Supply Center (FISC)

Fleet Commander – Commander, Pacific Fleet; Commander, Atlantic Fleet; or their designated subordinate Commander.

FOS - Full Operating Status (for Reduced Operating Status, see Section H-16)

FP or FP/AT – Force Protection or Force Protection/Anti-Terrorism

FLO/FLO – Float-On, Float-Off vessel loading/discharging process

Ft – feet

FPCON – Force Protection Condition

FPCON NORMAL – This condition applies when a general global threat of possible terrorist activity exists and warrants a routine security posture. At a minimum, access control will be conducted at all DoD installations and facilities.

FPCON ALPHA - This condition is declared as a general warning of possible terrorist activity, the nature and extent of which is unpredictable, when the circumstances do not justify full implementation of the measures of FPCON BRAVO. However, it may be necessary to implement selected measures from FPCON BRAVO. The measures in this FPCON must be capable of being maintained indefinitely.

FPCON BRAVO - This condition is declared when there is an increased and more predictable threat of terrorist activity even though no particular target is identified. The measures of this FPCON must be capable of being maintained for weeks without causing undue hardship, without affecting operational capability and without aggravating relations with local authorities.

FPCON CHARLIE - This condition is declared when an incident occurs or when intelligence is received indicating that some form of terrorist action against installations or personnel is imminent. Implementation of this measure for more than short periods will probably create hardship and will affect peacetime activities of the installation and its personnel.

FPCON DELTA - This condition is declared when a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location is likely. Normally this FPCON is declared as a localized warning.

FPO – Force Protection Officer (same as Vessel Security Officer and/or Anti-Terrorism Officer).

GFP - Government-Furnished Property (see FAR 52.245-1)

Government - The United States of America; interchangeable with “Charterer”

Government Designated Representative - Including, but not limited to, force protection personnel, military, Government employees, and Government Contractors hp – horsepower [1 hp equals 0.745799 kW]

Husbanding Services - Services generally provided by a steamship agent rendered for the convenience of the Ship or its Master, officers or crew, or in connection with the Ship's business. These include: arranging for the delivery of food, stores and supplies, arranging for mail delivery and posting, repatriation of crew members and crew replacements, supply of currency, medical treatment of crew members, and any other crew related expenses.

IACS - International Association of Classification Societies

IAW - In Accordance With

IDC - Independent Duty Corpsman

IMO - International Maritime Organization

Independent Agency – A Commercial entity under contract to the Government to provide all Government-owned or Chartered Ships of the Military Sealift Command, including the Vessel in this Contract, various shipboard supplies and services required for compliance with certain MSC operations and maintenance programs.

Industrial Assistance - Maintenance and repair work performed by an independent subcontractor to the Contractor.

INMARSAT - International Maritime Satellite

Installed Equipment – All items except furniture, recreation and gym equipment that are permanently or semi-permanently attached to the Ship by welds, bolts, or similar methods of attachment. This includes pumps, engines, winches, kingposts, booms, antennae, etc. This category of material is generally treated in the same manner as the Ship’s hull, so that the terms “Ship and installed equipment” and simply “Ship” are generally synonymous.

ISP – Inport Security Plan. A classified Naval Message which details AT/FP measures while in port.

ISM - International Safety Management System

ISPS - International Code for the Security of Ships and of Port Facilities (ISPS Code)

ISSC – International Ship Security Certificate km – kilometers kPa – kilo Pascal [1 kPa equals 20.886 psf] kW - kilowatts [1 kW equals 1.34 horsepower (hp)]

Laden – ship/vessel loaded with cargo or freight

Literage (lighterage) – small boats (pusher boat, tug, LCU, etc) used for in-stream cargo discharge operations

LO/LO – Lift-On/Lift-Off. The method for loading or discharging the Vessel using a crane.

LTON or LT - Long Ton (2,240 pounds weight) m – meter m3 – cubic meter

MARPOL – International Convention for the Prevention of Pollution from Ships

MB - Megabyte

MDR – Medical Department Representative. A person assigned solely to provide medical care and operate a clinic aboard Ship, as compared to a commercial M-PIC (see below).

MILSTRIP – Military Standard Requisitioning and Issue Procedures

MPF – Maritime Prepositioning Force

MPF(E) – Maritime Prepositioning Force, Enhanced

MPS – Maritime Prepositioning Ship

M&R - Maintenance and Repair

Maintenance - As defined by the Department Of Defense Dictionary through http://www.dtic.mil/doctrine/dod_dictionary/.

MAREP - Message generated by maritime surface forces to report on surface, subsurface, air or special interests units operating in Maritime environment.

Master – The official title of the Captain of the Vessel identified in Box 7.

MR - Medical Representative

MEDEVAC - Medical Evacuation; usually to the nearest medical treatment facility.

Mission Cargo- TEU required to be under AC/DH

MIB - Marine Index Bureau

MT – Measurement Ton (forty cubic feet, volume measurement)

MOA - Memorandum of Agreement

M-PIC – Medical Person in Charge aboard a commercially manned Ship. This is generally a collateral duty of the Master or Chief Mate for first aid purposes.

Moderate Weather - Sustained wind and sea conditions of "Beaufort Wind Scale" Beaufort Force 5 and World Meteorological Organization Sea State 4.

MOTCO – Military Ocean Terminal, Concord, CA

MOTSU - Military Ocean Terminal, Sunny Point, NC

MSC - U.S. Department of the Navy, Military Sealift Command

MT – Metric Ton. A unit of weight, equal to 1,000 kilograms.

NAVSEA - Naval Sea Systems Command

NEURS - Navy Energy Usage Report System

NICN - Navy Item Control Number

NCIS - Naval Criminal Investigative Service

NGW – New Generation Wideband satellite communications system (prototype)

NM- Nautical Miles

NMCARS - Navy Marine Corps Acquisition Regulation Supplement

NOR – Notice of Readiness

Owner - That entity exercising commercial control of the Vessel identified in Box 7; interchangeable with “Contractor” and “Offeror” and to include disponent owners and all the Shipowner’s and disponent owner’s agents, employees, independent Contractors, Master, Officers, and crew.

OAA – Ordnance Accounting Ashore

O&M - Operations and Maintenance

OCI – Onboard Condition Inspection – Survey of Vessel conducted by N75, N4 and MSC medical personnel to assess material condition, appearance, mission equipment readiness and confirm compliance with contractual requirements.

ODS - Ozone Depleting Substances

OPCOM – Operational Commander (Normally the MSC Area Command)

OPCON - Operational Control by Military Authority

Operation - Operation includes the daily, or other periodic starting, stopping, adjusting, inspecting, lubricating, etc. of the mechanical, electrical and auxiliary systems and equipment; watch standing and conducting rounds to maintain Ship's status.

OPNAVINST - Chief of Naval Operations Instruction

OPORD - Operations Order

OPSEC - Operations Security

OTSR - Optimum Track Ship Routing

P&I - Marine protection and indemnity insurance

Paying Office - Identified in Box 25 of SF-33

Place - Any berth, dock, anchorage, submarine line, alongside any Vessel or lighter or any other place whatsoever to which Charterer is entitled to direct the Vessel hereunder.

Psf – Pounds per square foot (load measurement)

Psi - Pounds per square inch (pressure measure)

PREREP – An alternate form of the LOGREP message, the PREREP specifies arrival time and date, purpose of visit, port services required and other requirements.

Readiness – Pertains to the Vessel’s ability to perform all required missions. See Section H-6

RFP - Request for Proposals. Interchangeable with Solicitation

RO/RO – Roll-On/Roll-Off. A method for loading or discharging a Vessel by driving a vehicle onboard or ashore.

ROS - Reduced Operating Status. See Section H-16

SDWT - Deadweight capacity, to assigned summer mean draft

SHIPFILL – The quantity of government equipage issued based on the number of equipment or personnel carried on board.

Speed – The rate of advance of a vessel. It is derived by dividing the total hours at sea on any given sea passage (as show in the Vessel’s log)—after excluding any hours of non-moderate weather and any sea passage covered by an off-hire calculation—into the total miles at sea on the given sea passage.

SWL - Safe Working Load

TEU – Twenty Foot Equivalent Unit (Cargo container of 20 foot length, 8 foot height, 8 foot width, or size/volume/cargo capacity measurement equal to same). For the purpose of this solicitation/contract, all government-furnished TEUs are 20’ long by 8’ wide by 8’6” high.

TIN - Taxpayer Identification Number

USCG - United States Coast Guard

USD – U.S. Dollars

Vessel - Identified at Box 7

VSP – Vessel Security Plan

VSO – Vessel Security Officer (same as Anti-Terrorism Officer and/or Force Protection Officer)

WOG - Without guarantee – Certain clauses of this RFP/Contract provide information for planning purposes, but are not guaranteed. Information provided “without guarantee” is information for which, if there is a change, such change will not be considered a valid basis for a Contractor request for equitable adjustment or Contractor claim.

(b) DELIVERY

Vessel delivery within the laydays specified in Box 5 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 5 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 2 not later than 1600 hours local time at place of delivery on the date stated in Box 5, 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 5.

(c) REDELIVERY

Unless lost, the Vessel shall be redelivered at a port or place in accordance with Box 3.

(d) PORTS/PLACES

1. Safety. The Charterer shall exercise due diligence to order the Vessel to safe berths or places (or alongside vessels or lighters reachable on her arrival and designated/procured by the Charterer) that the Vessel can approach, lie at, and depart from always accessible, always afloat. The Charterer shall not, however, be deemed to warrant the safety of any berth or place and shall not be liable or accountable for any loss, damage, injury, or delay resulting from any unsafe condition at any berth or place unless caused by the Charterer's failure to exercise due diligence as aforesaid. Any lightering will be at the expense of the Charterer; however, in the event the Charterer directs the Owner to arrange for lighterage services, the Owner shall make all necessary arrangements therefore.

1. 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.

(e) CHARTER PERIOD

This Charter Party shall be for the period designated in Box 4, 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 VIII(c)(2) and (3). Optional periods may be declared at any time prior to redelivery of the Vessel.

(f) DRY DOCK

General. The Owner, at its expense, shall dry dock, clean and maintain the Vessel's bottom and propeller, and make all overhaul and other necessary repairs properly to maintain the Vessel in class, maintain the Vessel in compliance with IV(b)(2) (Condition) above and the warranties of II(o) (Warranty) above, and otherwise to keep the Vessel tight, staunch, and strong, and in thoroughly efficient order and condition

(g) INSURANCE

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

1. Except as otherwise expressly provided in paragraph (4) below or as expressly provided in paragraph (h) below, 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.

1. The Contractor shall obtain an endorsement on all of Contractor’s insurance policies listed in paragraph (g)(1) above by which the Contractor’s Insurer “waives all rights of subrogation against the United States of America up to an amount of $350,000,000.”

1. If the 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. The Contractor shall immediately notify the Charterer whenever any sailing orders will send the Vessel beyond such limits, shall identify the Charterer any anticipated additional cost of insurance relating thereto, and shall obtain Charterer’s approval to proceed beyond such limits prior to doing so. Should the Contractor fail to provide the notifications required or to obtain Charterer’s informed prior approval, the 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 the Charterer.

(5) 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, the Contractor shall immediately notify the Charterer of any change whatsoever in coverage.

(h) War

(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 Owner 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 Owner indemnification against said risks pursuant to Public Law 85-804.

(2) The Vessel Owner 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.

(3) Additional Wage Costs. The Charterer shall reimburse Owner 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. Owner 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.

1. Government War Risk Insurance / Indemnity

1. General. Upon receipt of notice and instruction from the Contracting Officer, as specified in the last sentence of Part IV(h)(2) 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.

1. 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:

0. 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;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;

0. War Risk Blocking and Trapping Coverage;

0. 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);

d. 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.

1. 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.

(j) 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 the clause entitled "Disputes" incorporated herein by reference in Part II(d) above. Nothing in this clause shall limit the rights of the Charterer to place the Vessel off-hire pursuant to IV(j) (Off-Hire) below.

(k) 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 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; dry docking for the purpose of examination or painting bottom; or deviation for the purpose of landing any ill or injured person onboard other than any passenger, supercargo, or military personnel who may be carried at the 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 consecutive hours (or 12 consecutive hours while in prepositioning service), the hire shall not be reduced for such period.

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 there from shall be for the Charterer's account. See paragraph IV(p)(5) infra.

1. Delays/Excessive Fuel Consumption. If upon any passage the Vessel (i) fails to make the warranted speed in Boxes 66 and 67 or if her warranted fuel consumption exceeds that in Boxes 68-71 and Box 73, 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 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.

(l) SUPERCARGO AND GOVERNMENT DESIGNATED REPRESENTATIVES

1. Charterer’s Option. The Charterer shall have the right to assign supercargo (supercargo as used herein is both plural and singular) and other Government designated representatives aboard the Vessel for duty purposes to the extent that accommodations and United States Coast Guard certification (when applicable) allow and in accordance with COMSC Instruction 3121.9 Series. The Charterer shall pay an amount of $30.00 per day, per person, covering all expenses including accommodations and victualling. The Owner shall victual U.S. Government designated representatives, pilots, and Customs Officers when authorized by the Charterer at $7.00 per meal. The Government particularly reserves the right to put a representative onboard the Vessel, with the pilot, at the approach to a discharge port (or otherwise as mutually agreeable) to inspect the Vessel and to monitor the unloading; reimbursement for accommodations and/or victualling is to be as described above.

1. Military Personnel. In addition to the carriage of personnel noted in paragraph (1) above, the Charterer shall have the right to assign other military personnel aboard the Vessel. The Contractor will be reimbursed for accommodations and victualing at the rate set forth in paragraph (1) above. The Vessel shall be outfitted with USCG-required safety equipment for the use of such military personnel.

1. Charterer’s Liability. The Charterer shall be liable to the Owner for any loss of the Vessel's fittings or appurtenances or…