17-R-3513_Amend_4.docx

N32205-17-R-3513

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

AMENDMENT 0004

The purpose of this amendment is to incorporate changes to the solicitation as a result of questions and answers. See minor citation changes from Amendment 0004 to Part IV – (i) GOVERNMENT WAR RISK INSURANCE/INDEMNITY, (j) READINESS, (k)(2) OFF-HIRE, (l)(2) SUPERCARGO AND DESIGNATED GOVERNMENT REPRESENTATIVES, (o)(2) PORT CHARGES AND EXPENSES, (p)(1) OWNER’S OBLIGATION, (y) ALTERATIONS.

Part IV(l) – IV(as) listed in Table of Contents from the ProForma but were not included in the posted version on FedBizOpps. Amendment 0003 now included them in full text.

IX Attachments I, K, N & O are “Reserved” IX Attachment M renamed “Boats and Craft Dimensions” IX Attachment E – Changes made as a result of questions and answers:

E-3.1.1, E-3.3.2.1, E-3.3.2.3, E-3.3.2.4 and E-4.13.

Box 6 DRYTIME BOXES IV(q)(5) FUEL – delete “(See Attachment K for Off-Hire Percentages.)”

The following have been modified:

PART III

PART III. DRY CARGO (TIME) TERMS AND CONDITIONS (Addendum to FAR 52.212-4)

(a) CHARTER HIRE

1. Hire Rates. Charter hire for services under this Charter Party shall be payable at the applicable rates stipulated in Boxes 13 – 15D and shall be earned at the expiration of each fifteen (15) days of the charter period. Except as otherwise provided herein, said hire rates shall be considered payment in full for all services of the Vessel and Associated Equipment under this Charter including all overtime (including but not limited to crew overtime/penalty time required for the opening and closing of hatches), 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 including the carriage of ammunition and hazardous cargoes. Said hire rates are exclusive of the costs of fuel and port charges, which are addressed at IV(q) (Fuel) and IV(o) (Port Charges and Expenses) below, respectively, and other stevedoring costs such as loading, securing and discharging cargo, which are addressed in III(g) (Loading and Discharging) below.

1. Loss of Vessel. Should the Vessel be either lost or missing and presumed lost, Charterer may, at its sole discretion, terminate this Charter, in which case hire shall cease to be payable at the time of the loss or, if said time is unknown, at the time of the Vessel’s last received communication. Similarly, should the Vessel become a constructive total loss, Charterer may, at its sole discretion, terminate this Charter, in which case hire shall cease to be payable at the time of the casualty resulting in the constructive loss. The Vessel shall be considered missing and presumed lost when, after a reasonable lapse of time, it fails to reach its next scheduled port and reasonable efforts to contact it fail.

(b) MISSION

The Vessel may be employed in worldwide trade for the following: transportation and/or prepositioning of cargo (including but not limited to hazardous cargoes, explosives, ammunition, vehicular, containerized, and general cargoes) and military readiness, in accordance with the terms of this Charter.

(c) REPORTING REQUIREMENTS

Charterer’s Instructions. The Charterer shall furnish the Master with all requisite instructions and sailing directions in writing, including COMSC Instruction 3121.9 (series), "Standard Operating Manual." The Master shall exercise due diligence to observe all such orders and instructions of the Charterer with respect to the Charterer's employment of the Vessel's services. Reports required of the Vessel include, without limitation, the following:

· Movement and Position reports (see COMSCINST 3121.9 (series), section 2-5);

· Pre-arrival reports (see COMSCINST 3121.9 (series), section 2-7);

· Casualty reports (see COMSCINST 3121.9 (series), section 4-4);

· Dry-cargo reports (see COMSCINST 3121.9 (series), section B-2-3-5); and

· Defense Readiness Reporting System-Navy (DRRS-N) (see COMSCNOTE 3501)

· Frequency of submission: every thirty (30) days after initial assessment

· Within 24 hours of any equipment failure affecting Ship ops or mission capability

MSC Area Commands and MSCDC may require additions or deletions to the addressees on the Position Reports and may also require additional reporting requirements.

These reports must include the Vessel’s Speed of Advance and the ETA to the next port.

(d) CREW

1. Conduct of Master, Officers, and Crew. The Master, Officers, and crew shall be appointed or hired by the Owner and shall be deemed to be the servants and agents of the Owner at all times except as otherwise specified in this Charter. The Master of the Vessel shall be under the Charterer’s direction with regard to the employment of the Vessel, but shall not be under the Charterer's orders with regard to the navigation, care, and custody of the Vessel. If the Charterer shall have reason to be dissatisfied with the conduct of the Master, Officers, or crew, the Owner shall, upon receiving the particulars of the complaint, investigate the matter and, if necessary, make a change in personnel.

1. Qualifications. The Master, Officers, and crew shall be U.S. citizens, shall be conversant in English, and shall be in possession of valid and current certificates, licenses, and documents.

1. Identification Cards. In the event Government identification cards are issued to Master, Officers and crew, the Contractor shall be responsible for tracking and, upon redelivery of the Vessel, returning all cards.

1. OCONUS Contractor Conduct. Upon award of this Contract, the Contractor shall immediately notify all contractor personnel, who are or who will be employed by, or who are or who will be accompanying, United States Naval Forces outside the continental United States (OCONUS), and who are not a host country national ordinarily resident in the host country, that such personnel, and any dependents residing with such personnel, who engage in conduct OCONUS that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States as required by the Military Extraterritorial Jurisdiction Act of 2000, Pub. L. 106-523, 114 Stat. 2488, codified at 18 U.S.C. 3261 – 3267, as implemented by DoD Instruction 5525.11, “Criminal Jurisdiction over Civilians Employed by or accompanying the Armed Forces outside the United States.” Reference is made to Secretary of Defense memo dated 10 March 2008; "UCMJ jurisdiction Over DoD Civilian Employees, DoD Contractor Personnel, and Other Persons Serving With or Accompanying the Armed Forces Overseas During Declared War and in Contingency Operations."

(e) MARAD CONSTRUCTION DIFFERENTIAL SUBSIDY (CDS)

The Contractor, if operating a Vessel or Vessels built with Construction Differential Subsidy (CDS) unequivocally agrees that there will be no increase in contract price due to any liability to repay CDS which such Contractor may incur.

(f) CARGO RECEIPT

1. Manifest/Bill of Lading. The Charterer or consignor of the cargo shall prepare a manifest and/or bill of lading, which shall list the cargo loaded on the Vessel. The Master shall sign said cargo receipt(s) in acknowledgment of the receipt of cargo said to have been loaded by the Charterer or the consignor of the cargo, without responsibility as to quantities, mixture, mark, number of packages, weights, etc., or the apparent condition of the cargo, it being understood that it is the Charterer's or the consignor's responsibility to tally the cargo and to check the condition thereof upon loading and discharging. The Contractor shall provide a copy of the signed manifest(s) upon request by the Government.

1. Charter Paramount. Any receipt signed by or on behalf of the Master or Agent shall be without prejudice to the terms, conditions, and exceptions of this Charter and subject to all of them. The terms of this Charter Party shall apply to any shipment made by the Government whether or not bills of lading are issued.

(g) LOADING AND DISCHARGING

(1) General. The whole reach and burthen of the Vessel shall be at the disposal of the Charterer, reserving only proper and sufficient space for Vessel's Master, Officers, and crew, tackle, apparel, furniture, provisions, stores, and fuel. The Charterer shall have the use of all cargo handling equipment onboard and the Owner shall provide sufficient power to operate all of the Vessel's cargo handling equipment simultaneously. The Vessel shall work night and day, if required by the Charterer. The Charterer shall have the use of any special gear or fittings actually aboard the Vessel, although said gear or fittings are not required by this Charter. Any material required for securing cargo is to be furnished by the Charterer and for its account, but the Charterer may have the free use of any lashings aboard the Vessel. The Charterer will be responsible for the replacement of lashing gear damaged by the Charterer or its servants. Such replacement shall be as original or equivalent.

(2) Cargo Quantity Limitation. In no case shall the cargo exceed what the Vessel can reasonably stow and carry, in the judgment of the Master, over and above the space and burthen necessary for Vessel's Officers and crew, her cabin, tackle, apparel, furniture, provisions, fresh water, stores, necessary ballast and fuel.

1. Detention or Standby. If by reason of the Owner's failure to use diligence to keep the Vessel in a thoroughly efficient state of hull, machinery, equipment, personnel, and other particulars relating to the seaworthiness of the Vessel, the Charterer incurs cost of stevedoring detention or standby time in connection with the loading or discharging of cargo, such costs shall be for the account of the Owner.

1. Charterer's Responsibility. The Charterer shall load, stow, trim, secure, and discharge the cargo, all in compliance with applicable laws and regulations and the permit/waiver requirements thereunder; notwithstanding, however, that the Master shall supervise and be responsible for such actions as they concern the seaworthiness and stability of the Vessel. Owner agrees to accept any stevedores that may be designated by charterer. Upon request of the Charterer, the Owner shall arrange for stevedoring services at ports visited under this Charter, with reimbursement for all necessary and reasonable agency fees, all reasonable costs of loading and/or discharging, and port charges in accordance with IV(n) (Port Charges and Expenses) below, II(i) (Payment) above, and IV(y) (Reimbursable Supplies and Services (Charters)) below.

1. Expenses. The Charterer shall pay all expenses directly connected with the loading and discharging of the cargo including stevedoring, wharfage, clerking and tallying, winchmen, heavy lifts, dumping, stowing, securing, lashing, sheathing, dunnaging, and trimming, and removal of strongbacks with shore equipment where the use of shore equipment is not necessitated by a structural or mechanical defect in the Vessel unless that defect is caused by the fault or negligence of the Charterer. Unless otherwise provided herein, the Charterer shall provide necessary dunnage and shifting boards, also any extra fittings or materials requisite for a special trade or unusual cargoes, but the Owner shall allow the Charterer the use of any dunnage, shifting boards and other fittings or materials already onboard the Vessel. The Charterer shall have the privilege of using shifting boards for dunnage, but if the Vessel's shifting boards are used as dunnage, the Charterer shall make good any damage to or shortage of such shifting boards on redelivery of the Vessel. If the Charterer elects or is required by the Owner to remove dunnage and fittings placed onboard by the Charterer, the cost of removal and discharge shall be borne by the Charterer. The Charterer shall have free use of any lashing gear, dunnaging, shifting boards, and fittings aboard the Vessel.

(6) Lighterage. Lighterage, if any, will be at the risk and expense of the Charterer, except as otherwise provided herein. Vessel shall have adequate fendering for alongside operations and be able to lighter (skin to skin) from another Vessel. Fenders shall be foam or similar material (not pneumatic or gas), and be deployable/retrievable by Vessel’s crew. Fenders shall be adequate to handle alongside cargo operations with coasters (small capacity container ships), lighterage, watercraft, or high speed Vessels. Contractor shall arrange oil spill protection and cleanup.

(7) Stevedore Damage. The Charterer shall not be liable for any vessel damage caused by stevedores whatsoever.

(h) RESERVED

1. SAFETY IN LOADING AND DISCHARGING CARGO

Attention of the Owner is directed to the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., as amended, and to the standards promulgated there under by the Secretary of Labor.

(j) DECK CARGO

Should deck cargo be carried, it shall be carried at the Charterer's risk, excepting cargo shipped in containers.

(k) CLEANING

(1) Delivery. Upon delivery in accordance with IV(b) (Delivery) below, all holds, containers, and spaces designated for cargo carriage shall be cleaned and ready to receive lawful cargo.

(2) Redelivery. Upon redelivery of the Vessel in accordance with IV(c) (Redelivery) below, the holds and spaces of the Vessel (and those deep tanks the last use of which was made by the Charterer) shall be swept clean by the Charterer with refuse removed, unless during the period of this Charter the Vessel has carried in these spaces cargo with respect to which custom requires more complete cleaning, in which case the Charterer shall give such spaces the required cleaning.

(l) SHIP PHYSICAL SECURITY EQUIPMENT

1. Small arms and ammunition. The Government will provide the Vessel with small arms, a Class 5 gun safe, armory and magazine located in or next to the Master’s stateroom or in the Vessel’s armory or magazine for use by the Ship’s crew to provide Force Protection (FP) within the life lines of the Vessel. The Master shall be responsible for the custody of all small arms and shall maintain custodial control and accountability, by serial number. Small arms shall only be utilized onboard the Vessel to protect MSC assets and crew. The Master is authorized to issue small arms to crewmembers that are trained in their use. See OPNAVINST 5530.13 (series), COMSCINST 5530.3 (series). An annual inventory of small arms is required to be submitted to Naval Surface Warfare Center Crane, IN.

1. Prohibition of privately owned weapons and ammunition. Privately owned weapons and ammunition are prohibited on MSC force ships with the exception of a handgun customarily provided to the Master by the Contractor.

1. Small arms and ammunition issuance to Embarked Force Protection personnel. Master is authorized to sub-custody small arms and ammunition to the Officer In Charge (OIC) of the embarked Force Protection (FP) Detachment for use as required. The OIC FP Detachment will be responsible for ammunition and weapons in their custody and will provide a signed report of survey for any weapons shortages or damages while in the detachment’s sub-custody in accordance with OPNAVINST 5530.13 (series) and COMSCINST 5530.3 (series). The OIC will provide the signed report of survey to the Master at the time small arms custody is returned to the Ship’s Master for all assigned OIC Force Protection Equipment. The Ship Master will notify the Ordnance Accounting Ashore (OAA) via email of any ammo that is missing or has been expended. Upon departure of the FP Detachment the OIC will transfer custody of weapons and ammunition back to the Master. The Master shall obtain a full report (including type of weapon, serial number, ammunition, quantity, and survey reports as required) from the OIC of the FP Detachment prior to the OIC’s departing the Ship.

1. Ammunition allowance. Ammunition will be provided in accordance with the Ship's classified SHIPFILL allowance listing. Ammunition allowance quantities will be consistent with type and quantity of weapons on board. No ammunition shall be expended for training unless authorized and directed by MSC N34. Ammunition requisitioning and transaction reporting are to be done in accordance with MSC Ordnance Accounting Ashore Handbook. OAA will be responsible for all Ammunition Accounting Reporting, and Periodic Lot Reporting (PLRs). Ship’s Master is responsible for receiving ammo and notifying OAA via email (OAAmsc.ftc@navy.mil) or phone (per phone numbers in the OAA Handbook) of all ammo transactions. OAA procedures will be in accordance with COMSCINST 4000.2B Chapter 5.

1. Security and stowage. The Contractor shall maintain high security stowage of the weapons and ammunition in accordance with OPNAVINST 5530.13 (series), NAVSEA OP4 (series) and COMSCINST 5530.3 (series).

(m) SHIPBOARD SECURITY SYSTEM (SSS) REQUIREMENTS

See Attachment-J.

(n) ANTI-TERRORISM/FORCE PROTECTION (AT/FP), CHEMICAL, BIOLOGICAL, RADIOLOGICAL DEFENSE (CBRD) AND TRAININGREQUIREMENTS

See Attachment-H & I

(o) CBR-D AND FP REQUIREMENTS.

1. CBR-D Requirements.

0. General. All FP and CBR-D material is centrally managed by Military Sealift Command in the Consolidated Support Facility. All CBR-D and FP gear will be provided by the Government. At no time should the Contractor procure an off the shelf commercial CBR-D or FP equipment unless otherwise directed by the Charterer. The contractor shall contact PM2 Logistics to request replacement of FP and CBR-D items that have been expended, damaged or have exceeded their shelf life or require calibration. The request must include the shipping address and the point of contact name and phone number. The Master will submit a FP and CBR-D complete inventory in the format designated by MSC of all FP and CBR-D equipment required by the AEL in accordance with the required reports, records and log (CDRLS) section of this Contract.

Upon receipt of all FP and CBR-D material the ship will sign and date the receipt document, annotate material received and fax a copy to the shipper (MSC CSF) within ten (10) days of material receipt.

0. CBR-D equipment and training. The Contractor shall adhere to MSC's standard provisions concerning CBR-D found in parts III (o) through(r). The Contractor will assign a licensed deck officer as CBR-DO who shall perform the duties as described below and in accordance with COMSCINST 5530.3 (series). The Contractor shall train crewmembers as specified in part III (n) and (o). The Contractor will reconfigure a space as necessary to function as a DECON station as specified in Part III (p). Any transfer or disposal of CBR-D equipment will be reported to the cognizant MSC Area Commander and Squadron Commander in accordance with FAR clause 52.245-1, entitled ‘Government Property’.

0. The Vessel will be fitted with a CMWWDS consisting of clips and brackets for attaching standard fire hose nozzles at each weather deck fire station. The clips and brackets shall be as specified by COMSCINST 3541.5 series, Part 1, Appendix C “CBR-D policy” (MA Plan no. S89-5-1 or a functional equivalent if modern vari-nozzles or others are onboard. The clips should be positioned to provide the greatest spray coverage for lifeboats, weather decks, housetops, and bulkhead areas. Structures accommodating personnel shall receive priority coverage. A list of any areas receiving minimal or no spray coverage shall be posted in damage control central. System will be capable of being activated from the interior of the Vessel. After installation, the CMWWDS shall be activated at least once quarterly to ensure operational reliability. The cost of this system is for the Contractor’s account and is not reimbursable.

1. CBR-DO duties. The CBR-DO will perform the following duties:

· Ensure all CBR-D equipment is properly stored and maintained at authorized levels in accordance with COMSCINST 5530.3 (series).

· Ensure all CBR-D equipment is inspected at least quarterly, with results of inventory entered into the deck log.

· Replace and/or update deficient, missing or out-of-date equipment; submit radiac meters for calibration when due.

· Advise the Master on procedures required as outlined in COMSCINST 3541.5 (series) (Damage Control Manual).

· Provide MSC PM2 with annual CBR-D inventory.

1. CBR-DO training: the vessel’s CBR-DO shall be trained as specified in parts (n) through (o).

1. Government tests and inspections. The Government has the right to periodically inspect the Vessel's CBR-D equipment, the CBR-DO’s qualifications and crew members' training records, and test the operability of installed CBR-D systems. A report of the inspection will be provided to the Master, cognizant MSC Area commander and Squadron Commander.

(p) SPECIFICATIONS FOR CHEMICAL, BIOLOGICAL AND RADIOLOGICAL DEFENSE

(CBR-D) DECONTAMINATION STATION

See Attachment-I.

(q) PERSONNEL AND FACILITY SECURITY CLEARANCES

Facility and Personnel Security Clearance. The Owner must have a SECRET facility clearance at time of proposal submission. In addition the officers and ALL crew MUST have a SECRET clearance at time of vessel delivery. Attachment D contains additional information regarding obtaining and maintaining facility and personnel clearances. It is the Owner's responsibility to maintain the clearance throughout the performance of the contract; if the Owner is unable to do so, for whatever reason, the contract may be terminated for default.

(r) SECURITY CLEARANCE AND COMMON ACCESS CARDS (CAC)

Common Access Cards.

1. Common Access Card (CAC). The Common Access Card is Government Furnished Property. The Contractor shall ensure that the Master and one additional ship officer is issued a CAC (“CAC holders”). The CAC shall not be used for any unauthorized purpose. Fees associated with obtaining CACs are for the Contractor’s account.

1. Authorized Personnel. CACs are to be issued only through the auspices of the Trusted Agent to U.S. Citizens, U.S. Permanent Resident Aliens or such other individuals as may be authorized by Commander Military Sealift Command (COMSC).

1. National Agency Check with Inquiries (NACI). To be eligible for a CAC, contract mariners and contractor personnel shall, at a minimum, have completed an FBI fingerprint check with favorable results and have initiated a NACI conducted by the Office of Personnel Management (OPM), or a DoD determined equivalent investigation.

1. An individual holding a valid SECRET clearance or higher shall not require an additional NACI.

1. The Contractor shall immediately inform the Contracting Officer in writing if a contractor employee is given an adjudication of "Access Suspended", "Interim Declination", "Loss of Jurisdiction", "No Determination Made", or has their clearance eligibility otherwise withdrawn, denied, or revoked.

1. Reserved

1. Reserved

1. Tracking and Disposition. The Contractor shall be responsible for the control of CAC issued to its mariners and personnel under MSC contract. In order to ensure positive control of CACs, the Contractor shall surrender to the Trusted Agent all CACs issued in the performance of this contract upon: 1) Termination of the contract; 2) Redelivery of a vessel; 3) If a CAC holder will not be returning to any ship operated by the Contract Operator, or 4) As directed by the issuing authority, the Trusted Agent, or the Contracting Officer.

1. Reserved.

1. CAC Reporting. A report shall be made to the Contracting Officer within 24 hours of discovering any CAC is lost, stolen, or destroyed. The Contracting Officer will then generate a report to 1) the Trusted Agent for cancellation of the card, 2) to the local U.S. Military Security Office, and 3) to the appropriate MSC Squadron Commander.

PART IV

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

1. GENERAL DEFINITIONS

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.

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.

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

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)

DSS - Defense Security 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

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]

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

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

F(E) – Maritime Prepositioning Force, Enhanced

M&R - Maintenance and Repair

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.

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.

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

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)

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

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)

(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) (Delivery) 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

G‐3.1 Vessel Owner’s Insurance.

G‐3.1.1 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 G‐3.1.3 below or as expressly provided in Section G‐3.1.3 below or as expressly provided in the section entitled “War” (G‐4), 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.

G‐3.1.2 Contractor shall obtain an endorsement on all of Contractor’s insurance policies listed in Section H-3.1.1 by which Contractor’s Insurer “waives all rights of subrogation against the United States of America up to an amount of $350,000,000.”

G‐3.1.3 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.

G‐3.1.4 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.

G‐3.2 Charterer Named Additional Assured on Owner’s Hull Policy, War Risk Hull Policy, and Second Seaman’s War Risk Policy.

G‐3.2.1 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, 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.

G‐3.2.2 “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, 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.

G‐3.2.2.1 If 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 contain(s) any provision designed to limit the effect of striking “other than owner” or “as owner” provisions as required in Section H‐3.2.2, such provisions shall also be amended to ensure Charterer is provided full benefit of the insurance for its acts as Charterer.

G‐3.2.3 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.

G‐3.3 Time Charterer Protection and Indemnity (P&I) with P&I War Risk Coverage.

G‐3.3.1 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.

G‐3.3.2 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.”

G-3.4 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 as required by Section H-3.2; or fails to obtain for the United States the Time Charterer P&I policy/entry with War Risks coverage required by Section H-3.3; 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.

G-3.4.1 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 as described in this Section H-3.4.1, 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.

G-3.4.2 In the event Contractor fails to strike “other than owner” or “as owner” provisions per Section G‐3.2.2, fails to amend supplemental limiting provisions as described in Section G‐3.2.2.1, or fails to amend provisions limiting payment or coverage as described…