N32205-18-R-3003-0003_SF30.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Please see attached.

1. CONTRACT ID CODE PAGE OF PAGES

1 76

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

16C. DATE SIGNED

BY 07-Feb-2018

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N32205-18-R-3003

X 9B. DATED (SEE ITEM 11)

16-Jan-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

07-Feb-2018

CODE

MILITARY SEALIFT COMMAND NORFOLK

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

NORFOLK VA 23511-2419

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N32205-18-R-3003

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:

AMD 0003

This amendment changes the following:

1. Updates Attachment B - DOL CBA Wage Determination – 0003.

2. Incorporates changes from Questions and Answers #2.

The deadline for submission of bidder's questions remains 7 February 2018 at 4:00 PM EST.

Proposal closing date remains 15 February 2018 at 4:00 PM EST.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

SECTION C

1.0 OPERATIONS AND MANNING

1.1 GENERAL OPERATIONS

Scope of Work/Mission. Military Sealift Command has a firm requirement for the operation and maintenance of

Expeditionary Transfer Dock (ESD) USNS MONTFORD POINT and USNS JOHN GLENN. The ESDs will operate in the Military Sealift Command (MSC) Prepositioning Fleet or will perform other Government missions.

The ESDs will be capable of transferring rolling stock and other cargoes in-stream with other ships and via ramp connections, as well as landing and deploying air-cushion non-displacement craft by means of inclined decks. The

ESDs will be manned by U.S. commercial mariners. In order to accomplish their unique mission, the ESD vessels are intended to be employed worldwide in supporting U.S. Navy afloat prepositioning objectives by maneuvering the ESD alongside skin-to-skin with another large ocean going vessel, separated by suitable fendering, until the two vessels are secured together as one unit using mooring lines.

1.1.1.1 Directives. The MSC Instructions and the ESD Technical Manual provide additional details to the Statement of

Work Section C for the execution of this contract. The MSC Standard Operating Manual (SOM), COMSCINST3121.9 (Series), provides policies and procedures pertaining to the operation and administration of the

MSC fleet and provides a guide to other more definitive instructions. Masters shall comply with the SOM content and the ESD Technical Manual.

1.1.1.2 Order of Precedence In the event Section C conflicts with an MSC Instruction, the ESD Technical Manual or the

Standard Operating Manual, Section C shall take precedence.

1.1.2 Operational Control (OPCON). Operational Control will be exercised by the Operational Commander. The ships are projected to operate in the worldwide service under the ultimate operational control of USFF (Fleet Forces

Command), COMPACFLT, COMNAVEUR, COMUSNAVCENT or USTRANSCOM. Each operational mission will be the subject of a classified Operational Order (OPORD) or Sailing Order (SAILORD) that specifies exactly how the mission will be accomplished. Delay of any ship or diversion from operations will be reported immediately to the Operational Commander.

1.1.3 Concept of Operations. Government Owned Contract Operated (GOCO) ships are operated by companies under contract to MSC and manned by Contract Mariner (CONMAR) crew members who are contractor employees. The operating companies are contractually obligated to provide ship maintenance. The contractor shall operate the ships and related ship systems and equipment in accordance with U.S. Code of Federal Regulations and the American

Bureau of Shipping (ABS) rules and regulations. At contract performance commencement and throughout the performance period of this contract, it is anticipated that all of the ships will be in Full Operating Status (FOS). The

Government reserves the right to put the ship(s) into a reduced operating status (ROS) at any time.

1.1.4 Area of Operations. Area of operations shall be worldwide. The ESD is designed for extended, independent underway operations in remote geographic locations. Therefore, self-sufficiency in operations and maintenance is an important mission requirement. The ESD will be capable of deployment to worldwide locations within 24 hours of notification by the Operational Commander designated by the U.S. Navy. The ESDs are anticipated to be prepositioned in the Western Pacific (Guam/Saipan or Korea). However, the Government reserves the right to utilize the ESDs in additional locations worldwide under additional programs or missions.

1.1.5 Operating Tempo (OPTEMPO). Normal OPTEMPO for the ESD in FOS is estimated to consist of approximately

85 percent inport at anchor or pierside and 15 percent underway. Actual OPTEMPO may vary. When pierside, both

ESDs will remain in FOS. Underway periods shall consist of, but not be limited to, skin-to-skin practice events and other demonstrations once each quarter, independent steaming, convoy operations and transits to/from selected ports for vessel and cargo maintenance or for the loading/discharging of cargo. For FOS ships, it is estimated that two annual Navy fleet exercises will be conducted and each exercise is anticipated to be 10-days in length. Operational commitments may warrant deviation from the projected OPTEMPO and Navy fleet exercises.

1.1.5.1 Increased Costs During Increased OPTEMPO. The Contractor hereby assumes all risks whatsoever for increased costs associated with any change whatsoever in anticipated operating tempo of the vessels, whether or not such anticipated operating tempo is based upon representations made by the Government herein or elsewhere.

1.1.6 Hours of Operation.

1.1.6.1 FOS. During FOS, the ESD will be manned by the FOS crew according to Section 19 of the ESD Technical

Manual. Crews will work eight hours per day, seven days a week (including holidays, as defined in Section B).

The contractor will be required to maintain the FOS crew 24 hours a day, seven days a week.

1.1.6.2 Repair Availability (RAV). Crews will work seven (7) days a week, Monday –Sunday including holidays as defined in Section B. All RAV crew will be retained onboard the vessel and a deck officer shall make hourly rounds 24 hours a day including weekends and holidays.

1.1.6.3 ROS-5. During ROS-5, the ESD shall be manned by ROS-5 crew according to Section 19 of the ESD Technical

Manual. Crews will work from 0800 to 1700 hours, Monday – Friday (except for those holidays as defined in

Section B.). During ROS-5 periods, one officer must be retained on each ROS ship at all times. This officer shall prevent entry to the ship by unauthorized personnel and provide routine internal security and for responding to vessel fire or flooding alarms. (Also see B-1.8).

1.1.7 WEATHER OPERATIONS

1.1.7.1 Weather Information and Ship Routing. The Naval Oceanography Centers will provide Optimum Track Ship

Routing (OTSR) for the ESD ship(s) in accordance with COMSCINST 3121.9 Series. All MSC ships shall request

OTSR services by including the appropriate Naval Maritime Forecast Center (NAVMARFCSTCEN) on MOVREPs which shall be filed prior to sailing. Routes assigned by the OTSR program are in the form of recommendations to the ship’s Master. The Contractor shall ensure ship Masters request OTSR program routes during severe and destructive weather conditions. Notification calls from the cognizant MSC Area Command or COMSC will be considered the same as receiving formal notification via naval message and include Optimum Track Ship Routing

(OTSR). At a minimum, Masters shall submit Navigational Situation Reports (NAV SITREP) every six hours to operational commanders and MSC.

1.1.7.2 Severe and Destructive Weather Plan. The Severe and Destructive Weather Plan identifies those measures to be taken by the crew to prepare the ship for severe weather, and shall include getting underway in 48 hours or less and in accordance with U.S. Coast Guard Certificate of Inspections (COI) Manning. The Contractor shall ensure the ship(s) maintain and implement a Severe and Destructive Weather Plan in accordance with Operational

Commanders’ guidelines, COMSCINST 3141.2 Series. When a hurricane condition is set in the Area of Operations

(AOR), and any ship is inport or underway within the storm-related area, the ship(s) shall submit an initial hurricane status report within one (1) hour of notification of the condition being set. In addition, the ship shall request OTSR in accordance with C-1.1.7.1 above. Notification calls from the cognizant MSC Area Command or COMSC will be considered the same as receiving formal notification via naval message including Optimum Track Ship Routing

(OTSR).

1.1.8 Administrative Control (ADCON). Administrative control will be exercised by the Prepositioning Program Office

(PM3), Military Sealift Command Headquarters (MSC HQ).

1.1.9 Port Services. The Government will furnish port services or reimburse the Contractor for actual costs of port services. Port services include tugs, pilots, berthing, potable water, feed water, shore power, spill-booms, docking, trash and garbage removal, oily waste removal, sewage removal, hazardous materials removal, line handlers, communications expenses for embarked military and sponsor personnel, and launch services. When Government port service contracts are in place, the Contractor shall utilize these contracts prior to using commercial sources.

The Contractor shall exercise due diligence to obtain the most fair and reasonable port services and shall notify the

COR if such charges appear excessive prior to the ship entering port. As a part of the budgeted amount for port services, the Government shall reimburse canal tolls, port/local dues and taxes (provided the Contractor exercises due diligence in seeking immunity on behalf of the Government from such dues and taxes), entering/leaving port fees, customs broker fees, ballasting or shifting berths pursuant to Government orders and any other similar port charges for ports visited at the Government's direction. The Contractor shall submit separate invoices for each port call, along with the supporting documentation. The Government will not reimburse the Contractor for expenses incurred by the Contractor for services rendered for the convenience of the ship, its crew, or in connection with the

Contractor's business such as the fees of underwriters. Fumigation/Pest Control will not be reimbursable, unless prior authorization is received from the COR. The Government will reimburse the Contractor up to $150.00 per port call for postage and petty expenses including courier service and photocopying.

1.1.10 Diplomatic Clearances. The Government will obtain diplomatic clearances, operational area clearances, and explosive event waivers when and where required. The Government will secure port visit clearances.

1.1.11 Husbanding Agent Appointments. The Government shall reimburse the Contractor for the customary fee paid to port husbanding agents in conjunction with the port visits of the ships, including the fees of agents appointed for canal transits and at bunkering ports. The Government retains the right to disapprove proposed agents or to require that the Contractor discontinue using an agent. The Government has the option of directing the Contractor to use a specific commercial or Government agent in any port for the reimbursable elements.

1.1.12 Mail. The ships will be assigned Navy Fleet Post Office (FPO) addresses, and forwarding services. Mail forwarding services will be provided by the Government through the appropriate Government Joint Military Postal

Activity and the U.S. Postal Service in accordance with DOD Postal Manual 4525.6 Series, Ch.11.5. The Contractor shall ensure the ship(s) transmits via Navy message an updated Mail Routing Information (MRI) message and a

Cargo Routing or Fleet Freight Forwarding Information message to allow mailings to be properly forwarded. See

Section 03.1.3 (A046 and A047) and Section 15.21 of the ESD Technical Manual for additional instructions on properly informing DoD mail and cargo forwarding services of the ship location. The Contractor shall pick up, deliver and/or forward any correspondence and parcels with respect to this contract on a daily basis.

1.1.13 SHIP TO SHIP TRANSFERS

1.1.13.1 Expeditionary Transfer Dock (ESD). The ESD concept was based on a modified commercial tanker design and provide two main functions which are:

1.1.13.2 ESD Connector. An at-sea connector between specific Large Medium Speed Roll-On/Roll-Off (LMSR) ships and smaller craft to facilitate the transfer of vehicles and equipment from the LMSR or other craft to shore via the connectors and vice versa. The full ESD capability was achieved when the mission system, called the Core

Capability Set (CCS) was installed on the ESD post-delivery. ESDs carry the vehicle transfer ramp (VTR) that was sourced from the LMSRs.

1.1.13.3 FLO/FLO Function. A float-on/Float-off (FLO/FLO) platform to transport DOD cargo point to point. The installed mission system (CCS) will need to be removed and stowed ashore prior to the FLO/FLO mission. The

CCS will then be reinstalled after the FLO/FLO mission to regain the at-sea connector capability. All costs associated with the FLO/FLO function are reimbursable.

1.1.13.4 Experienced Ship Handling Expert. The contractor shall maintain a pool of a minimum of four experienced Ship

Handling Experts (SHE). During the approach and transfer operations at sea, the master of the ESD shall be aided and advised by an experienced ship handling expert. This advisor shall have at least 2 years’ experience in supervising a large vessel during an approach and maneuver into final position alongside another vessel of similar size while underway, or experience in alongside lighterage transfers of the same nature.

The Government will advise the Contractor when mission requires the services of a SHE which is anticipated to be for two or more annual military exercises with duration of up to ten days each during FOS periods. A SHE may also be required to support quarterly skin to skin proficiency training on each vessel. Travel expenses for the SHE

(lodging, per diem, local transportation, CONUS and OCONUS travel) will be reimbursable within the limits of the

Joint Travel Regulations (JTR) with prior COR approval. The SHE is an advisor to the master of the ESD and is not considered part of the ship’s crew.

Contractor shall provide a SHE on-station and ready for duty within 96 hours after receiving the government notifications for emerging contingencies (i.e. elevated military posture, humanitarian relief, or other strategic military necessity requiring the ESD capabilities). Contractor shall provide a SHE on-station and ready for duty within 10 days after receiving government notifications for all other annual military exercises to support quarterly skin to skin proficiency training.

1.1.13.5 Mission Technical Requirements. The ESD is designed with an open, reconfigurable mission deck and is supplied with electric power, cargo fuel, fresh water, and salt water from the base ship. With the Core Capability Set (CCS) installed, the ESD provides:

25,000 sq. ft. of elevated vehicle stowage deck

Three Landing Craft, Air Cusion (LCAC) lanes with services

Skin-to-skin fendering system

Ability to transfer vehicles, personnel, and equipment in mid sea state 3 (skin-to-skin)

A stocking of Vehicle Lashing Assemblies (VLA) for securing vehicles, watercraft and containers, which must be accounted for periodically as required by Section 15 of the ESD Technical Manual.

With the CCS removed, the ESD provides a maximum of:

o 82,820 sq. ft. of cargo stowage deck o 22,640 LT of lift capacity (MONTFORD POINT - ESD 1) and 11,800 LT of lift capacity (JOHN

GLENN - ESD 2)

o 16.4 ft. clearance of water over the deck for FLO/FLO operations

1.1.13.6 Cranes. The Contractor shall operate and maintain the ESD shipboard crane equipment.

1.1.13.7 On Deck Fueling Stations. The ESD fueling system consists of two (2) on deck JP5 fueling stations with attached piping, pumps, hoses, tanks and filler nozzles. The Contractor is obliged to ensure the fueling system is operated in accordance with the fuel system safety guidelines.

1.1.14 OPERATE SHIPS

1.1.14.1 General. The Contractor shall operate the ships and related ship systems and equipment in a safe and professional manner in accordance with United States Coast Guard (USCG) and the American Bureau of Shipping (ABS) rules and regulations. The Contractor is responsible for complying with operational schedules and other such mission tasking issued by MSC. The Contractor shall maintain each ship and its installed equipment in good working order and accomplish alterations as directed by the Government which includes identifying, prioritizing and managing repairs in accordance with Section 06 of the ESD Technical Manual.

1.1.14.2 Government Vessels in Foreign Ports. The following tenets are to be closely observed while docked or anchored outside CONUS:

1.1.14.2.1 Sovereign Immunity. The Master, while performing ship operations, shall advise foreign authorities that each

USNS vessel under this contract is a sovereign immune vessel of the United States. These privileges include immunity from arrest or search (whether in foreign internal or territorial waters, or in international waters), immunity from foreign taxation, exemption from any foreign state regulation any requirement to fly the flag of a foreign state either in its ports or while passing through its territorial sea. These privileges include an entitlement to exercise exclusive control over persons on board such vessels with respect to acts performed on board. The

Contractor shall observe all guidelines for MSC ship Masters found in ALMSC 020/06 and ALMSC 026/09 -

Sovereign Immunity Guidelines.

1.1.14.2.2 Foreign Law Enforcement. Masters shall refuse requests from foreign authorities for documents, physical evidence, interviews of personnel, statements, any request to board, examine, inspect, or search the vessel, and any request for the physical delivery of persons on the vessel to foreign authorities. The Master lacks authority to comply with such a request, and shall so advise foreign authorities.

1.1.14.2.3 Foreign Port Visits. The Master may, if appropriate, provide a Shore Party List of individuals who will go ashore to the host nation before granting liberty if such a list is requested. The Shore Party List may contain only the names and passport numbers of those personnel. No other information may be provided. Masters shall comply with applicable U.S. and host nation agreements, such as status of forces agreements, that specify particular procedures for port visits in that country.

1.1.14.3 General ROS Duties and Responsibilities. For ships in ROS-5, the Contractor shall advise ROS crew members that duties aboard a ROS ship may differ significantly from standard mariner operations. Although officers in FOS have large administrative workloads, ROS status will require “hands-on” duties not normally associated with sea going ships. ROS crews shall be expected to comply with, but shall not be limited to, these general guidelines:

General care and custody of the vessel, including tending mooring arrangements and shore power cables, when fitted

Develop familiarity with shipboard equipment and systems

Operate, maintain and repair as necessary shipboard equipment and systems, including documentation

Enforce and abide by applicable Federal rules and regulations as may pertain to ships in various levels of ROS

Be available for those inspections, audits and status checks as may be appropriate for ROS ships

Routinely inform MSC of status of ships systems or equipment which may require additional repairs or upgrades

1.1.14.4 Work Rules for ROS positions. Contractors shall advise ROS crewmembers that many shipboard duties and responsibilities do not fall under standard seafaring conditions. Due to size and composition of ROS crew, there will be times when ship personnel shall be expected to cross normal departmental boundaries for work related to safety, security and habitability of the ship. Such work will include, but shall not be limited to:

Secure ship in prevailing weather conditions

Keep watch on and adjust gangway or double up mooring lines

Take on and stow ship stores/parts

Operate equipment for storing/testing

Housekeeping such as maintaining cleanliness and sanitation

Being prepared to participate as part of familiarization or sailing crew

1.1.14.5 Specific Reactivation Events. If the contractor is tasked to perform movements under ship’s power (such as sorties or changing geographic location) then it must man and operate the ship in accordance with USCG regulations.

1.1.15 Vessel Activation – ROS-5 to FOS. During the ROS to FOS transition period, the Contractor shall ensure all newly assigned FOS crewmembers are properly indoctrinated concerning the ship’s operation and mission as described in

Section C-0 above. The Contractor shall ensure consumable stores and provisions sufficient for the intended voyage are onboard the ship. When directed by the Government, the Contractor shall arrange for bunkers. The ship shall be prepared to get underway by the Contractor in order to depart its lay berths at the end of the specified 5-day ROS reactivation period. The ship will then proceed as ordered.

1.1.15.1 ROS-5 Transition Plans. The Contractor shall prepare a detailed ROS to FOS transition plan for ROS-5 ships based on Section 28 of the ESD Technical Manual (ROS-5 to FOS Checklists) for approval by the Government 30 days after contract award. The Contractor shall maintain the transition plans and shall provide copies of, updates, or changes to the COR. The transition plans shall incorporate the requirements of the ESD Technical Manual Section

28 and shall ensure that the ship(s) will be ready for tasking at the end of the ROS to FOS transition period.

Completed checklists will be made available to the COR for use in determining that FOS has been achieved.

1.1.15.2 FOS Certification. During any ROS to FOS activation period the Contractor will continue to receive the contracted

ROS-5 per diem rate until the COR certifies to the Contracting Officer that FOS is achieved. Costs associated with the transition from ROS to FOS (e.g. wages, travel and meals) are reimbursable. The Contractor shall comply with the checklist per the ESD Technical Manual Section 28.

1.1.15.3 Ship Deactivation – FOS to ROS. During the FOS to ROS transition period, the Contractor shall ensure all departing FOS crewmembers have completed all actions required to ensure proper accounting and disposition of

Government Property and to ensure the safety and security of the ship.

1.1.15.4 ROS Certification. During the FOS to ROS deactivation period the Contractor will continue to receive the contracted FOS per diem rate until the COR certifies to the Contracting Officer that ROS-5 is achieved. The

Contractor shall comply with the checklist per the ESD Technical Manual Section 28.

1.1.16 Standard Operating Manual (SOM). The Standard Operating Manual, COMSCINST 3121.9 (series) is the primary

MSC instruction that addresses the unique mission of the MSC fleet and is applicable to the subject ship(s) under this contract. It provides policies and procedures pertaining to the operation and administration of the MSC fleet and provides a guide to other more definitive instructions. Ship Masters shall comply with the instruction’s content.

In cases where the SOM and Section C conflict, Section C shall take precedence also see Section C1.1.1.2.

1.1.17 Casualty, Incident, Injury and Weekly Status Reporting. The Contractor shall ensure all casualties, incidents and injuries (or death) are reported in accordance with Navy Regulations via naval message in accordance with

COMSCINST 3121.9 Series and format of NWP 1-03.1; as provided below:

1.1.17.1 Casualty Report (CASREP). Machinery, hull or equipment casualties shall be reported in the Navy standard format of a Casualty Report (CASREP) in accordance with NWP 1-03.1. The Navy message format reports shall consist of the initial CASREP, and shall be followed by updates and a final correction (CASCOR) of the casualty. If a casualty is mission degrading, it must be reported within 12 hours of occurrence. If a casualty is not mission degrading but cannot be corrected within 48 hours, it must be reported not later than 24 hours after the occurrence.

In accordance with COMSCINST 3121.9 (series), CASREP reports shall be included in a Defense Readiness Report

System for Navy vessels (DRRS-N), established by NTRP 1-03.5, to assess a unit's ability to accomplish their assigned mission(s) and essential tasks associated with those missions. The Government may direct the Contractor to perform a formal Root Cause Analysis (RCA). The costs of such RCA will be reimbursable if an outside firm is utilized with prior Contracting Officer approval.

1.1.17.2 Special Incident Reporting. Reporting of all accidents or occurrences resulting in damage by or to the ship, gear or cargo, or injury to personnel, or loss of life shall be issued in accordance with COMSCINST 3121.9 Series. This includes among other things, collision, stranding, grounding, foundering, heavy weather damage, fire, explosion, failure of gear and equipment, and any other damage affecting the seaworthiness of the ship. In the case of a marine accident, injury or death as defined by the U.S. Coast Guard, the Contractor shall inform the USCG of such occurrences in accordance with report form CG-2692 guidelines.

1.1.17.3 Marine Casualty Investigations. The current MSC/USCG Memorandum of Agreement (MOA) requires the

Contractor to report all marine casualties in accordance with 46 CFR 97. The Coast Guard may decide to investigate casualties meeting these reporting requirements. The Contractor shall provide the Contracting Officer, COR, and ABS with the USCG Casualty Investigation Report, including all correspondence regarding any marine casualty investigation.

1.1.17.4 Weekly Ship Status Report. Each Contractor shall submit a weekly summary to PM3 by email containing each ship’s status addressing the following:

Key Billet Names and proposed turnover dates

Status/Schedule

Fuel State

Info on significant CASREPs

Repairs scheduled

Significant issues

Upcoming events

System Authorization Access Request Navy (SAAR-N) status of crew

USCG and ABS Certifications with due dates

1.1.18 Emergency Sorties. Emergency sorties may be required at the discretion of the Government and as directed by the local MSC Area Command or at any other time the Government determines such a sortie is appropriate, such as to avoid hazardous weather.

1.1.19 Design Speed Trials. Contractor shall conduct speed trials during FOS on a regular basis to demonstrate ship(s) are able to obtain warranted-design speed. Speed trials are to be conducted: (1) every six months; (2) first opportunity following hull cleaning or propeller polishing; or (3) when directed by Numbered Fleet Commander, Squadron

Commander, or MSC. The Contractor shall submit to the Squadron Commander and MSC PM3 the template provided in Section 03.1.2 of the ESD Technical Manual (Item A021A) upon completion of trials.

1.1.20 Garbage/Solid Waste Disposal. When disposing of garbage and other solid wastes, the Contractor shall comply with COMSCINST 5090.2 (series) and OPNAV Instruction 5090.1 (series), as well as applicable provisions of the

Act to Prevent Pollution from Ships (33 U.S.C.1901 et seq.) and MARPOL 73/78 Annex V of the International

Convention for Prevention of Pollution from Ships

1.1.21 Salvage. The Contractor shall immediately notify COMSC, the local MSC Area Commander and COR if any ship suffers a casualty, or otherwise becomes disabled at sea. Salvage is the saving of distressed or sunken ships or removal of ships as hazards to navigation. Rescue/assistance is comprised of measures administered to ships in distress or in danger of a distress situation. The Government is responsible for arranging salvage assistance. In circumstances where Government provided assistance is not available, the Contractor will be tasked to provide such services on reimbursable basis in accordance with Section G-8.

The Contractor shall render assistance, and send an initial message which must be transmitted immediately to

COMSC with all pertinent information. In providing such services, the Navy may decide to waive all claims for

“pure” or “bonus” salvage.

In those cases in which the salvage services are provided by Navy personnel and resources, the salvage claim shall be limited to a schedule of current per diem rates and allowable expenses as established by the Navy’s

Supervisor of Salvage. In no event shall such amount exceed a maximum claim of $25,000 per day.

It is understood that this limited Supervisor of Salvage claim is asserted against the vessel only, is solely for the vessel’s account, and does not include any amounts for salvage of Government cargo. Notwithstanding any other provisions of this contract, this limited Supervisor of Salvage claim IS NOT directly, or by way of setoff, chargeable in whole or in part to the Government by way of general average or otherwise

Should the vessel require assistance, Navy salvage ships, equipment and facilities are maintained on a worldwide basis, however, nothing shall prohibit the Master from asserting responsibility for the ship and making an immediate direct request for commercial salvage services or such other emergency action when warranted

1.1.22 Diving Operations. The Contractor shall request the consent of the Contracting Officer Representative (COR) prior to contracting for diving operations.

1.1.23 Ammo Bonus. In the event the Government places aboard the ship explosives in sufficient quantity to cause the

Contractor to pay the crew a required "explosives bonus," the Government will reimburse the Contractor actual bonus costs. A properly certified invoice citing this paragraph and including the language from the union agreement or other applicable document requiring payment of the bonus will be submitted for payment.

1.2 ENGINEERING OPERATIONS

1.2.1 General. The Contractor shall operate ship equipment and machinery in accordance with the Manufacturers’

Technical Manuals, United States Coast Guard (USCG) regulations based on 33 CFR, 46 CFR and 49 CFR, American Bureau of Shipping (ABS) guidance and any applicable local or other jurisdictional requirements.

1.2.1.1 Unmanned Engine Room Operations. The ships are constructed with features that will allow them to be certified for unmanned engine room operations. The Contractor shall obtain full USCG approval for unmanned engine room operation (review of logs and at-sea demonstration) during the first year of operation of each ship. The Contractor shall operate the engine room in an unmanned mode to the greatest extent possible when in port or at anchorage. All overtime for duty watch responsibilities will be incorporated into the contractor's fixed rate using the OPTEMPO estimated in this statement of work as the basis for calculation.

1.2.2 In Port Readiness. Regardless of the length or nature of a port visit while on a FOS mission, the Contractor shall ensure that each ship is fully capable of getting underway to perform the assigned mission within twenty-four (24) hours of receipt of sailing orders, unless an applicable CASREP has been transmitted.

1.2.2.1 In Port Maintenance. In those cases where anticipated maintenance, repair, or regulatory body activities will prevent the ship from getting underway and performing the assigned mission within twenty-four (24) hours, the

Contractor shall notify the Operational Commander, Squadron Staff or MSC Area Commander, and COR. This notice shall set forth the specific nature of the work to be accomplished, the estimated time required to accomplish the work as described, and any viable alternatives that would enable the ship to maintain the original operating schedule. The Contractor shall request the Operational Commander’s permission to proceed with the work described. The Operational Commander, Squadron Staff or, MSC Area Commander, and the COR reserve the right to require the Contractor to reschedule the requested work. This does not affect the consent requirements of Section

C-2.4.

1.2.2.2 Ship Voyage Repairs or Industrial Assistance in Port. The Contractor shall use ship’s force whenever possible to accomplish voyage repairs during normal working hours. The contractor shall procure and manage industrial assistance or technical support in accordance with G-8 in any of the following cases:

The scope or complexity of the work is beyond ship’s force capabilities.

The required work cannot be completed by ship’s force within the time allowed by the vessel’s reactivation schedule.

The price for subcontracting the work to a third party is evaluated by the Contractor or the Government to be more cost effective than using ship’s force and the Government determines possible savings warrant consent

1.2.3 Fuel, Lubricating/Hydraulic Oil, Chemicals, and Paint. Except as provided below, the Government will furnish all required fuel, lubricating/hydraulic oil, chemicals, and paint. Refer to ESD Technical Manual Sections 10, 11, 12, 13, and 27 for specific requirements for procuring products and services via Government administered contracts

(“Independent Agencies”). Packaged petroleum products such as WD-40 and cutting oils are consumable supplies and are to be provided by the contractor at its own expense regardless of quantity. See Technical Manual Section 15

(Government Furnished Property) for specific details on Consumables. The grades of fuel authorized for use onboard the ships are set forth in Section 27 of the ESD Technical Manual.

1.2.4 Fuel Quality Assurance and Testing. In order to assure bunker fuel and bulk cargo fuel delivered to the ships meets the quality standards of the ESD Technical Manual and bunker purchase specifications, the Contractor shall take fuel samples at the manifold while bunkering in accordance with MARPOL Annex VI requirements outlined in

ESD Technical Manual Section 10.5 and Section 27. Test results will be communicated by MSC N7 to the ship for entry into the Oil Record Book. Sampling and testing shall be conducted as follows:

Take samples by manual or automatic means when receiving bunker fuel;

Sample size to be 400ml or more and bottle labels signed by Chief Engineers and Supplier;

Mail one sample to designated laboratory using mailing kit provided by MSC;

Retain a second sample onboard not less than one year or until those bunkers are expended; and

Quarterly Testing of bulk cargo fuel shall be in accordance with MARPOL Annex VI requirements.

1.2.5 Fuel Bunkering. The Contractor shall comply with the USCG Regulations and COMSCINST 3121.9

(series) for fuel bunkering. Federal Regulations call for the establishment and utilization of a fueling bill including sampling, personnel billets, communications, and procedures for bunkering. Each ship is equipped with an oil spill containment and cleanup kit as detailed in MSC’s Allowance Equipage List

(AEL) which is available upon request to PM3 Logistics. The Contractor shall be responsible for maintaining and preserving all cleanup kits pursuant to Section C-5.1.3 (Durable Moveable Property) and

Section 15.22(b) and (e) of the ESD Technical Manual.

1.2.6 Fuel Source and Consumption Data. The Contractor shall obtain fuel from Defense Logistics Agency - Energy

(DLA-E) military stocks or through a DLA-E contract with a commercial supplier. The Contractor shall provide the Government at least ten (10) business days advance notice for all fuel oil requirements. Ships installed with the

Daily Voyage Record (DVR), a module within the SAMM Engineer’s Daily Logbook, are no longer required to submit a monthly NEURS reports but will follow the guidance of daily record entries. Ships that do not have a DVR installed shall report fuel inventory and consumption on a monthly basis via the Navy Energy Users Reporting

System (NEURS) format N0712-001.04-F and send by email to: MSCHQ-NEURS@navy.mil.

1.2.7 Energy Conservation. The contractor shall assist the Government in energy conservation efforts. At a minimum the contractor shall:

Submit for consideration, when identified and as applicable, proven and measurable energy conservation measures that have been adopted by commercial industry both ashore and afloat.

Maintain optimum plant alignment to safely meet navigation and mission requirements while consuming the least amount of fuel practicable.

Maintain hull and running gear cleanliness to the extent that operational, budget, and logistical constraints allow.

Trim vessel to as close to an even keel when underway to the extent that specific fuel, ballast, cargo and hull stress constraint allow.

Maintain economical speed to the extent operational orders and movement schedules allow.

Support MSC funded energy audits and provide input to prioritization and implementation of identified energy conservation measures

1.2.8 Alternate Fuel Suppliers. Alternate commercial sources may be utilized only when the required Government sources are not available or would cause the diversion or delay of the ship. In such a case, the Contractor shall obtain the service of an Independent Surveyor to ensure the fuel provided by the supplier is of the proper quality and quantity. Fuel oil shall be purchased on a competitive basis. The Contractor shall solicit competition to the maximum extent practicable and submit the results to the Contracting Officer for consent to subcontract prior to purchasing the fuel. The Contractor shall submit invoices for fuel oil cost reimbursement, with attached documentation. The Government will reimburse the Contractor for all reasonable actual expenses incurred to purchase commercial fuel oil including loading fuel from lighters, lighter demurrage or detention, shifting lighters for the convenience of the ships, handling lighter lines, and other such expenses which the Contracting Officer finds necessary and reasonable in the loading of fuel oil onto the ships.

1.2.9 Shipboard Chemicals Treatment and Testing. The Government will make available (as GFP or reimbursable) the shipboard chemicals, test kits, and services described in Section 12.4 of the ESD Technical Manual.

1.2.10 Environmental Protection and Enhancement. The Contractor shall monitor and control ship system operation and waste disposal and comply with all applicable Federal, State, interstate, and local laws and regulations, including Navy and MSC Environmental Instructions. The Contractor shall comply with

Chapters of OPNAV INST 5090.1 (series) (Environmental Readiness Program Manual) concerning

Environmental Compliance Afloat. The Contractor shall also comply with applicable MSC Instructions, including: COMSCINST 5090.1 (series) (Environmental Protection Program); COMSCINST 5090.2

(series) (Disposal of Solid Waste in the Marine Environment)- See Section C-1.1.20 for guidance on handling solid waste; COMSCINST 5090.3 (series) (Shipboard Management of Ozone Depleting

Substances) and 40 CFR Part 82 subpart B (ODS); COMSCINST 5090.4 (series) (Afloat Oil-Hazardous

Substance Spill Drill and Command Post Exercise Program); and MSC non-Tank Response Plan/SOPEP.

1.2.10.1 Water Pollution. The Contractor shall comply with applicable portions of the Federal Water Pollution

Control Act (Clean Water Act or CWA), 33 U.S.C. § 1251 et seq., the Act to Prevent Pollution from Ships

(33 U.S.C. 1091 et seq.), regulations in 33 CFR 151 and 155, DoD 4715.6-R1 (Regulations on Vessels

Owned or Operated by the Department of Defense-dated Jan 2005) and COMSCINST 5090.1 (series) Navy

Environmental Protection Programs. When the Final Rule is published in the Federal Register, the

Contractor will comply with the Uniform National Discharge Standards for ships of the Armed Forces.

The Contractor shall maintain and operate all shipboard pollution prevention equipment in accordance with the manufacturer’s instructions. Contractors operating MSC ships shall not surrender nor waive the sovereign immunity of a Government owned ship during any environmental incident. All vessels shall only use cleaning chemicals or supplies which contain, by weight, 0.5% or less of phosphates or derivatives of phosphates.

1.2.10.2 Oil Spill Response. In the event of an oil spill, Contractor shall provide at its own expense immediate response capability to protect the vessel and crew, stop the outflow of oil and mitigate damage to the environment. Contractor shall activate and engage in contracting with oil spill removal organizations, act as liaison with the Federal On-Scene Coordinator (or cognizant foreign authority), and fund response activities until such time as being relieved of such responsibilities by the Navy On-Scene Commander

(NOSC) who will then assume responsibility for management of the continuing oil spill response. All oil spills shall be immediately reported directly to the National Response Center, and other parties per

OPNAVINST 5090.1 (series) and MSC's Vessel Response Plan / Shipboard Oil Pollution Emergency Plan

(VRP/SOPEP).

1.2.10.3 Ballast Water Management. The Contractor shall be guided by any ballast water exchange requirements contained in OPNAVINST 5090.1 (series) and other applicable statutes and regulations.

1.2.10.3.1 Gray Water Management. The Contractor shall be guided by any ballast water exchange requirements contained in OPNAVINST 5090.1 (series) and other applicable statutes and regulations

1.2.10.4 Marine Sanitation Device (MSD) Disposal System. The Contractor shall maintain and operate the installed

MSD disposal system in accordance with the manufacturer’s instructions, applicable USCG regulations, Clean Water Act, Uniform National Discharge Standards (UNDS), and other applicable statutes and regulations, to preclude the contamination of harbors, rivers, channels, or other restricted areas with untreated sewage, and/or gray water. Personnel working with MSD equipment shall be aware of health aspects as required in Section C-3.19.1 (Safety and Occupational Health Program).

1.2.10.5 Ozone Depleting Substances. The contractor shall operate and maintain equipment and systems containing

Ozone Depleting Substances (ODS) in accordance with manufacturer’s instructions. Equipment with an installed charge of more than 50 pounds shall be maintained to remain within the maximum annual leakage rates of 15 percent for total refrigerant in air conditioning equipment and 35 percent of total refrigerant in ship stores and cargo refrigerant as stated in OPNAVINST 5090.1 (series). ODS shall be recovered prior to maintenance on systems. Persons who perform maintenance, service or repair of any appliance which contains and/or uses Class I or II refrigerants shall hold a valid EPA approved certification as Universal

Technician as required by 40 CFR part 82.

1.2.10.6 Air Pollution. Emission levels will be consistent with Clean Air Act. Areas of concern are containment of abrasive blasting particulate (including general particulates and heavy metals), control of stack emissions during boiler repair and blowdown operations, removal of asbestos, and compliance with applicable statutes and regulations, including EPA and USCG regulations.

1.2.10.7 Noise Pollution. The contractor shall comply with the Noise Control Act of 1972, 42 U.S.C. 4901 et seq., and implementing regulations. Retrofit modifications are not prescribed or authorized for existing noise sources.

1.2.11 Compliance with HAZMAT Laws, Statutes and Regulations. The Contractor shall comply with the

Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; the Clean Air Act (CAA), 42

U.S.C. § 7401 et seq.; the Clean Water Act (CWA), 33 U.S.C. §§ 1251-1387; the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601 et seq.; 10 U.S.C. §

7311: the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., and all applicable Federal, State, interstate, and local environmental statutes and regulations. When practicable, the Contractor shall utilize

DOD turn-in sites and procedures for the recycling or disposal of hazardous substances. These sites are available from MSC upon request.

1.2.11.1 HAZMAT Control and Management. The Contractor shall contract for the proper removal, handling, storage, transportation, and disposal of hazardous materials generated in the performance of contract requirements. The Contractor shall, when entering into contracts for ship repair or maintenance, ensure that said contracts comply with Section C-2.4 (Industrial Assistance Management) and contain the provisions required by 10 U.S.C. § 7311. The Contractor will further ensure that used and excess HAZMAT, and wastes expected to be generated during the performance of maintenance and repair work, shall be removed from the ship in accordance with OPNAVINST 5090.1 (series). When these activities take place outside

U.S. waters, the Contractor shall also require third parties, such as shipyards performing repairs, to adhere to comparable environmental standards.

1.2.11.2 Material Safety Data Sheets (MSDS). An inventory of hazardous materials used onboard ship will be maintained. Hazardous materials (HAZMAT) will be used and stowed in accordance with MSDS guidance. MSDS shall be obtained from the supplier for hazardous material used, handled, packaged and transported or disposed. The Contractor shall ensure that an inventory of hazardous materials brought onboard is accurately maintained. MSDS for each item of hazardous material shall be kept on file.

Permanently Embarked Personnel (PEP) shall provide the Contractor with unique or special handling requirements.

1.2.11.3 Potable Water Conditioning. The ships are equipped with potable water treatment and testing equipment to comply with ESD Technical Manual Section 12.5. The Contractor shall ensure that qualified Engine

Department crew test, treat, monitor, and maintain the condition of the potable water in accordance with

NAVMED P-5010. 6 (series) (Water Supply Afloat). There shall be maintained onboard ship a Potable

Water Testing and Treatment Log in accordance with ESD Technical Manual Section 03.2.2 (B012), wherein shall be entered the frequency, amount and duration of all potable water treatments.

1.3 HOTEL SERVICES

1.3.1 General. The Contractor shall provide hotel services to the ship’s permanently assigned commercial mariner

(CONMAR) crew and any embarked personnel who are approved by MSC to eat and/or berth aboard.

1.3.2 Food and Hotel Services. The Contractor’s steward department shall be responsible for meals and hotel services for the ship’s crewmembers and other embarked personnel. The cost for hotel services and meals for crew shall be part of the Contractor’s fixed price. The cost for hotel services and meals for embarked personnel shall be reimbursed by the Government on a fixed rate, per non-crew embarked person, as follows: meals-$4.00 per meal not to exceed a maximum of $12.00 per day, berthing-$12.00 per day. No additional related expenses of any kind (such as steward department wages, laundry, etc.) shall be reimbursed.

1.3.2.1 Inport Visitors. Government personnel or other authorized…