N32205-18-R-3502.docx

N3220518R3502

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

DESCRIPTION OF SERVICES

1. This is a Charter Party contract for two (2) tractor-like tugs to support the Government’s requirement in New London, CT. The charter is for a firm period of one year with options for three (3) additional one-year periods and one 334 day period to support the Government's requirement. Contractor shall provide the offered tugs by the stated canceling date. Only the tugs named, or substituted in accordance with the Substitution of Tugs clause, may be used under this contract.

PLACE OF PERFORMANCE:

Geographic Region(s)

New London, CT & Surrounding Waters out to the continental shelf

2. The place of performance shall be in the geographical region of New London harbor and the surrounding navigable waters and including a distance out to the continental shelf. Within this geographical region, the Tug may be ordered to any berth, dock, anchorage, wharf, place, open roadstead, submarine line, or alongside any vessel, barge, lighter, submarine, craft, hull, derrick, or object of whatsoever nature that the Government may direct, provided the Tug can lie always afloat except in harbors or waters where it is customary and safe in the port to work aground.

3. Tugs will be home berthed in the Geographical Region noted above. The Government may reassign the Tugs, on a temporary or permanent basis, to meet emergent requirements. The Tug shall remain on site at the berth assigned 24 hours a day, 7 days a week when not on mission, undergoing refueling or required at a shipyard.

PERIODS OF PERFORMANCE:

(days)

Completion

Firm Period

Option Period One

Option Period Two

Option Period Three

Option Period Four

4. CHARTER PERIOD. This Charter Party shall be for the periods designated in the table of Periods of Performance shown above, commencing upon the date shown or the Charterer's acceptance of the Tug(s), whichever occurs later, and continuing until either the date of completion or the completion of the voyage then current, at Charterer's sole option. Each tug shall be considered to have separate performance periods. Any optional periods shall be stated in the contract; in addition, the Government shall have the Time Lost options as specified under this contract and an option to extend services as specified in this contract. All optional periods shall be in direct continuation. Options shall be exercised pursuant to FAR 52.217-9 or FAR 52.217-8 of this contract.

5. TIME LOST

(a) Tacking to the End of Charter Period. Any time lost by the Vessel during the term of this Charter (including during any option period) due to breakdown of machinery, interference by authority, collision, stranding, fire or other accidents or damage to the Vessel; or repairs, inspections, overhaul and alterations, preventing the work of the Vessel, shall be added to the charter period at Charterer's sole option, declarable at least thirty (30) calendar days prior to the termination of the charter period. Hire for such additional declarable period shall be at the same rate as in effect as of the date said declaration was made.

(b) Excessive Time Lost. The Government may by written notice cancel this Charter or Contract at no cost to the Government whenever, in any given contract period, for any reason whatsoever, more than thirty days are lost except for time lost as a result of the causes set forth in the “War” clause of this contract. See clause 52.212-4. Failure to cancel this Charter after thirty days are lost shall be without prejudice to any other rights of the Charterer, or any later right of the Charterer to cancel this Charter Party.

(c) Relationship to Other Remedies. No remedy conferred by this paragraph upon the Charterer is intended to be exclusive of any other remedy, but every such remedy shall be cumulative and shall be in addition to every other remedy already conferred by this Charter Party now or hereafter existing at Law or in Equity or by statute.

6. PERFORMANCE PERIOD: The total performance period under this Charter Party contract shall not exceed 59 months.

LAYDAYS / LOCATION:

See FAR 52.212-2(f) Notices of Redelivery Date / Place

7. DELIVERY.

(a) The Tug(s) and all Associated Equipment shall be delivered in the condition described below to the Charterer at a port or place indicated in the above chart not later than 1600 hours local time (place of delivery) on the canceling date stated. The Contractor shall give 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 Tug(s) by the Charterer but not before the commencing date stated in the solicitation, unless approved in writing in advance by the Contracting Officer. Charterer shall have the liberty to cancel this Charter at no cost to the Government should the Tug(s) or Associated Equipment not be ready in accordance with the provisions hereof by the canceling date. Said cancellation is to be declared not later than twenty-four (24) hours after 1600 hours local time (place of delivery) on the stated canceling date. Nothing in this paragraph shall limit any remedy of the Government otherwise available at Law, in Equity or under this Charter Party contract.

(b) Condition. The Tug(s) and all Associated Equipment shall be seaworthy, properly and efficiently manned and trained, equipped, supplied, and in every way suitable and adequately fitted for and in all respects ready for the service contemplated under this Charter Party. Any Associated Equipment shall upon delivery be as described in this Charter Party and all equipment shall be operable. The Owner shall exercise due diligence to maintain the Tug(s) and Associated Equipment in such state during the period of the Charter Party.

8. REDELIVERY. Unless lost, the Tug(s) shall be redelivered at a port or place indicated in the above table. Charterer shall notify Contractor of the place and date of redelivery no later than the time shown in the performance work statement.

AUTHORIZED TUGS:

9. AUTHORIZED TUGS. The Tugs used for performance of this Contract shall be only those identified in the table below (to be filled in upon contract award), or any authorized substitutes provided in accordance with the Substitution of Tugs clause of this Contract.

TUG SPECIFICATIONS AND CHARACTERISTICS:

10. The Tug(s) chartered under this Charter Party contract shall have the minimum characteristics as described in the tug characteristics chart shown below. Specifications and characteristics exceeding the minimum, if offered and accepted by the Government, are incorporated upon contract award.

TUG CHARACTERISTICS

SUBSTITUTION OF TUGS:

11. Substitution of tugs is authorized, but only for good cause shown and upon proper notice to the Government and approval of the Contracting Officer. Notice of intent to substitute by the Contractor shall identify the tug being substituted and the tug for which substitution is being made and shall provide the Contracting Officer with sufficient information on which to base a determination regarding good cause for substitution and the acceptability of the nominated substitute vessel. Notice shall be submitted in writing and shall be submitted sufficiently in advance to permit the Contracting Officer to make a reasoned determination regarding good cause and substitute tug suitability. If circumstances require oral notification, said notice shall provide all of the above required information and shall include a statement of circumstances that preclude a written notice prior to substitution. Confirmation of the information given in an oral notice shall be submitted to the Contracting Officer in writing within forty-eight (48) hours of the giving of oral notification.

12. The Contractor shall fix and deploy a substitute Tug within a period of six (6) hours of submission of notice of substitution or within six (6) hours of the commencement of any off-hire whichever occurs first. (See “Off-hire and Loss of Vessel” paragraphs 27-30)

13. Any tug offered as a substitute shall have substantially the same characteristics, i.e., shall be similarly fitted and otherwise equal or superior in performance, as the tug for which substituted and shall be fully ready to perform in accordance with this Charter Party upon arrival at the Tow or other work site designated by Charterer. Any tug substituted under this Clause shall result in no cost increase for Charterer and substitution shall result in no operation delay for Charterer except as provided above. It shall not otherwise excuse any other performance required under this Charter party.

14. Contracting Officer's notice of acceptance or rejection of the substitute tug shall be made within reasonable time following Owner's nomination thereof, provided that the Contracting Officer is furnished sufficient information on which to base such a determination. Silence of the Contracting Officer shall not be construed as acceptance of any nominated tug.

15. Notwithstanding Charterer's prior acceptance of any substitute tug under this paragraph, Charterer may at any time reject any previously accepted substitute vessel if it is determined that the characteristics of that substitute tug were misrepresented by the Contractor or are otherwise unsuited to the requirements of this Contract.

TUG COMPLEMENT AND CREW:

16. The Master(s), Officers and entire crew shall speak English fluently and possess valid and current certificates, licenses, and documents. The Master, Officers and crew of the Tug(s) shall be appointed or hired by the Contractor and shall be deemed to be the servants and agents of the Contractor at all times except as otherwise expressly specified in this contract. The Master(s) of the Tug(s) shall be under the direction of the Government as regards the employment of the Tug(s) under a given order, but shall not be under Government's orders as regards navigation, care, and custody of the Tug(s).

17. Physical security equipment required to meet port security plans shall be Contractor-furnished.

18. All Contractor employees shall wear a Contractor-furnished uniform with Contractor and individual identification clearly and permanently marked. Individual employee names shall be visible on front of outer clothing. Contractor name shall be visible on the upper back of uniforms.

19. All Contractor employees shall have in their possession photo identification at all times when working under this Charter Party Contract.

20. If the Charterer shall have reason to be dissatisfied with the conduct or performance of the Master, Officers, or crew, the Contractor shall, on receiving particulars of the complaint, investigate the matter and, if necessary to alleviate the cause of the complaint, make a change in personnel.

21. RESERVED

TYPICAL SERVICES:

22. The following list is provided for illustrative purposes only and describes some of the services that may be performed as requested on the basis of a 24 hour per day, 365 day per year readiness, including but not limited to:

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

i) The following is a list of vessel classes that are likely to be supported during the term of any contract resulting from this RFP. The list is for demonstration purposes only and is not a guarantee of vessel types to be supported and is not all-inclusive:

(1) T-vessels AGOS, AGS, AH, AKE, AKR, AO, AOE, ARS, AS, ASR, ATF, CG, CGN, CVN, DDG, FFG, IX, JHSV, LCS, LHD, LPD, LSD, MCM, MHC, PC, SS, SSBN, SSN, YC, YD, YO, YON,YP, foreign military vessels equivalent to any of the above;

(b) Transfers of pilots and Personnel by vessel;

(c) Tug emergency support services, including responses to weather conditions threatening vessels, piers, dry-docks, or shore facilities; shipboard fires; vessels aground; vessel equipment failures; downed aircraft; oil spills; missions of mercy; collisions; ammunition mishaps; and search-and-rescue operations and shipboard casualty or National Defense Emergency;

(d) Line handling; and

(e) Providing personnel (other than a riding crew) to go aboard a tow.

23. Contractor shall provide adequate staff and communications to promptly respond to Government's requests for services under this contract on a 24-hour per day basis.

OTHER SERVICES, RESPONSIBILITIES, PLANS AND REPORTS

24. DRY-DOCKING.

(a) Contractor, at its expense, shall dry-dock, clean and maintain the Vessel's bottom and propeller, and properly make all overhaul and other necessary repairs to maintain the Vessel in class, maintain the Vessel in compliance with this contract and its warranties above, and otherwise to keep the Vessel tight, staunch, and strong, and in thoroughly efficient order and condition. All towage, pilotage, fuel, gas-freeing if required, water, and other expenses incurred during dry-dock, and while proceeding to and from dry-dock shall be for Owner's account.

(b) All dry-dockings under this clause shall be scheduled with the Charterer and shall be subject to the Off-Hire clause.

25. EMERGENCY SITUATIONS AND TRAINING. This paragraph shall be incorporated into this Contract ONLY if the following is checked _XX_.

(a) General. In the event that the Owner is unwilling or unable to perform those duties as directed, or to timely respond to emergency situations, and upon determination by the Atlantic Fleet Commander (COMUSFLTFORCOM) or his designated representative that the emergency so requires, the Owner agrees to relinquish custody and control of the tug(s) to the Government in order to allow the Government to respond to the emergency situation using the Owner’s tug(s)/equipment augmented in whole or in part by a Government crew. Such determination shall be provided to the Tug Master or designated representative by the Contracting Officer or the Contracting Officer’s Representative (COR). The period of Government operation and control shall not exceed that time required to respond to the emergency and properly return the tug(s) to Owner’s control.

(b) Mitigation. Owner’s release of the tug(s) for emergency operation by the Government shall serve to mitigate Owner's liability, if any, under the Termination for Cause clause of this contract. See FAR 52.212-4. The value of the release of tug(s) to the Government shall be offset against the Contractor's liability under the Termination for Cause clause. During a period of partial or complete augmentation of crew by the Government, as a result of default, the Owner shall not be entitled to charter hire.

(c) Owner Responsibility. The Owner shall cooperate and provide assistance in reactivation of the tug(s) from cold iron and provide any other assistance directed by the authorized Government representative(s).

(d) Government Responsibility. The Government shall be responsible for loss or damage to the tug(s) during periods of complete crew augmentation by the Government. During periods of partial crew augmentation, the Government shall be liable for damages resulting from Government action in accordance with the Federal Tort Claims Act.

(e) Condition of Default. Any failure, untimely response, or refusal to perform any of the services outlined in this contract may be considered a condition of default under this charter, unless otherwise excepted.

(f) Training. The Owner shall provide the use of the Tug(s) and master(s) and crew(s) to train Government personnel in the operation of the Tug(s) as directed in writing by the Contracting Officer or COR; said writing to be provided at least 24 hours in advance of the training. The training shall not be “crew augmentation” for purposes of subsection (f)(1) of this section. The Owner shall not be relieved of responsibilities under the section titled "CHARTER NOT A DEMISE" of this charter during training. See clause 52.212-4.

(1) Such training shall include, but not be limited to, the full operation of the tug(s) (e.g., reactivating from cold iron; underway operation; and towage of vessels/submarines). Training shall include hands-on exercises and shall be conducted to ensure that Government personnel are able to properly, effectively and safely augment or replace the Owner's crew. Training shall be of sufficient quality to allow for partial or complete augmentation of the contractor’s crew.

(2) Training shall take place during normal operating hours.

(3) Training shall be conducted to ensure that Government personnel are able to operate the tug(s) properly, effectively and safely in the event of an Emergency.

26. SHIP PHYSICAL SECURITY. The Owner will comply with and implement the Navy Force Protection and Security requirements for the port in which it is docked or berthed (e.g. DBIDS Program). All costs shall be included in the basic hire, except for COR or Contracting Officer directed material purchases over $100 in total value, which shall be subject to the PASS THROUGH REIMBURSABLES Section of the Contract. See below paragraph 39.

OFFHIRE

27. GENERAL. In the event of the loss of time resulting from deficiency and/or default of men including but not limited to misconduct, illness, injury, strikes, labor disruptions, lockouts; deficiency of stores; fire; breakdown of or damage to hull, machinery, or equipment; collision; stranding; grounding; detention by authorities; average accidents to Vessel or cargo unless resulting from inherent vice, quality, or defect of the cargo; repairs; inspections; all dry-dockings including those for the purpose of examination/inspection or painting bottom but not for those dry-dockings under the Alterations clause contained herein; or deviation for the purpose of landing any ill or injured person on board other than any passenger, supercargo, or military personnel who may be carried at Charterer's request; or by any other cause whatsoever preventing the full working of the Vessel, the payment of hire shall cease for all time lost until the Vessel is again, at a position not less favorable to the Charterer than that at which such loss of time commenced, ready and in a fully efficient state to resume her service. Should the Vessel deviate or put back during a voyage contrary to the orders or directions of the Charterer for any reason, the hire is to be suspended from the time of her deviating or putting back until she is again, at a position not less favorable to the Charterer than that at which such loss of time commenced, ready and in a fully efficient state to resume her service. When the period of time lost to the Charterer on any one occasion is less than two (2) consecutive hours, the hire shall not be reduced for such period, provided no missions were missed during that period of time. Off hire is on a per tug basis. Offeror may be allowed to substitute a vessel in accordance with the Substitution clause.

28. COSTS FOR OWNER. The cost of fuel consumed while the Vessel is off-hire, as well as all port charges, pilotages, and other expenses incurred during such period and consequent upon the putting in to any port or place other than that to which the Vessel is bound, shall be borne by the Owner. All fuel used by the Vessel being driven into port or to shallow harbors or to rivers or ports with bars, the delay of the Vessel and/or expenses resulting there from shall be for Charterer's account.

LOSS OF VESSEL

29. LOSS OF VESSEL. Should a Tug be either lost or missing, or become a constructive total loss, the portion of the charter for such Tug shall terminate and hire shall cease to be payable at the time of the loss or, if said time is unknown, at the time of the Tug’s last received communication. If the Tug should be off-hire or missing when a payment of hire would otherwise be due, such payment shall be postponed until the off-hire period ceases or the safety of the Tug is ascertained, as the case may be.

30. DELAYS/EXCESSIVE FUEL CONSUMPTION. If upon any passage the Vessel fails to make the warranted speed or if her warranted fuel consumption exceeds that offered due to defect in or breakdown of any part of her hull, machinery, or equipment; casualty; or inefficiency of Master, Officers, or crew or their failure to proceed with utmost dispatch, and if the Vessel is delayed more than two (2) hours, provided no missions were missed during that period of time, the hire for the time lost and any cost of extra fuel consumed, if any, shall be borne by the Owner.

AVAILABILITY / NOTIFICATION / REQUESTS FOR SERVICES

31. AVAILABILITY. The tugs will be available 24 hrs/day, seven days/week and 365/366 days per year. After receiving a request for service from an authorized Government official (See “Requests for Services” below), the Tug shall be fully crewed and ready for service in accordance with the table under “Notification Times” below.

32. NOTIFICATION. When tug service is requested, service shall be provided within the time specified in the “Required Response” boxes indicated below.

RATE STRUCTURE

33. This Charter Party contract has a daily hire rate structure as follows:

(a) DAILY HIRE RATE STRUCTURE

(i) Daily Hire: Except as otherwise provided herein, the daily hire rate shall be considered payment in full for all services of the Tug and Associated Equipment and all other requirements under this Charter Party contract, including, but not limited to penalty time, bonuses, payments, and emoluments payable to Master, Officers and crew for services under this Charter, irrespective of the geographic scope of said service and the nominal carriage of ammunition and hazardous cargoes. Unless a separate overtime rate is offered, the Daily Hire rate shall also be considered payment in full for all overtime, including but not limited to crew overtime or penalty time required for the making up or breaking of tows. This Rate does not include port charges or the price that the Contractor pays for fuel.

(ii) Overtime: The overtime rate is the hourly differential to be added to the daily hire rate and shall cover all additional costs for operating the Tug during the overtime periods and shall be pro-rated to the nearest quarter-hour.

34. The rates to be paid under this Charter Party contract, as offered and accepted at the time of award, are provided in the table, Price Sheet, which shall be filled-in by the Government at the time of award.

REQUESTS FOR SERVICES

35. Requests for services within the scope of this Charter Party contract may be issued by:

a) Contracting Officer; or

b) Port Operations Officer, or his /her designee; or

c) Contracting Officer’s Representative (COR).

GOVERNMENT PROVIDED SERVICES / FACILITIES

36. The Government shall provide the following to the contractor during period(s) of service:

(a) Dockage and hotel services (electricity, water and sewage);

(b) Parking space for seven (7) vehicles.

POINTS OF CONTACT

37. CONTRACTING QUESTIONS:

(a) Contracting Officer, Bryce Kemmerer , COMSC N04103A (757) 443-3089

(b) Contract Specialist, Michael Peroha , COMSC N04103A (757) 443-1473

(c) Contracting Officer’s Representative, Jeffery Rule, (757) 322-2913

38. OPERATIONAL QUESTIONS:

(a) Technical POC, Iben Gantt, N0322, (757) 443-2711

(b) Project Manager, Tim Vickers, N0322, (757) 341-6824

39. PASS THROUGH REIMBURSABLE EXPENSES

(a) The Government will reimburse the Contractor only for the actual price paid for those supplies and services that are expressly identified as reimbursable items by this contract. “Actual price" paid by the Contractor for such supplies and services, includes tax paid, if any, and reduced by any and all credits and rebates, whether accrued or realized, associated with the supplies and services provided. “Actual price” does not include material handling charges, overhead, general and administrative costs, profit, or any other indirect cost that is in any way associated with the Contractor’s purchase or provision of such supplies and services. The parties expressly agree that the offered and accepted daily rate includes all costs incurred or paid by the Contractor, including but not limited to material handling charges, overhead, general and administrative costs, or profit, that are in any way associated with the Contractor’s purchase or provision of such supplies and services.

(b) To be eligible to receive reimbursement for services and supplies identified in this contract as reimbursable items and obtained in support of this contract, the Contractor must obtain at least three quotes for each transaction in excess of $3,000 to ensure that adequate price competition was sought or the Contractor must provide an acceptable justification as to why it was impracticable to do so. In the case of fuel purchases, unless directed otherwise by the Contracting Officer, the Contractor shall provide the documentation listed in subparagraphs (i) through (iii) below to the Contracting Officer for approval prior to purchasing fuel. For purchases of services and supplies other than fuel, the Contractor need provide the aforementioned documentation only when requested by the Contracting Officer. The Contractor shall maintain documentation of all reimbursable purchases until three years after the contract is completed and shall provide access to and copies of such documentation when requested by the Contracting Officer.

(i) A description of the supplies or services to be subcontracted

(ii) Identification of the proposed subcontractor and price

(iii) Suppliers contacted and price quotes. Include other pertinent data such as price lists used if suppliers were not contacted and information regarding the selection if other than price-related factors were considered

(c) The Contracting Officer may reduce the reimbursement by any amount above that which the Contracting Officer finds, in his/her sole discretion, is greater than that which is fair and reasonable for the supplies or services provided, giving due consideration to the facts and circumstances prevailing at the time that the Contractor procured the supplies and services. Disputes as to the amount by which any reimbursement is reduced shall be resolved in accordance with the “Disputes” clause of the contract. It shall be the Contractor’s burden to demonstrate that the price it paid for reimbursable supplies and services was fair and reasonable.

(d) When the Contractor expects total funding expended for reimbursable items to reach 85 percent of the total funds available on each Reimbursable Supplies and Services CLIN, the Contractor shall notify the Contracting Officer and the COR and any other Government official identified by the Contracting Officer. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule. The Contractor shall not exceed or incur costs that exceed the amount of funding stated on each Reimbursable Supplies and Services CLIN at the time a reimbursable item is ordered.

(e) The Government is not obligated to reimburse the Contractor for otherwise reimbursable supplies and services in excess of the funded amount stated in the Schedule under each Reimbursable CLIN.

(f) The Contractor is not obligated to continue performance of any reimbursable work under this Contract or otherwise incur costs for reimbursable supplies or services in excess of the funded amount stated in the Schedule under each Reimbursable CLIN unless the Contracting Officer notifies the Contractor that the funded amount stated in the Schedule under the applicable Reimbursables CLIN has been increased. Notification shall be in writing. In the event notification is made orally, such notification shall be followed up in writing within two working days.

(g) No notice, communication, or representation from any person other than the Contracting Officer shall affect the Government’s obligation to reimburse the Contractor.

(h) Change orders shall not be considered an authorization to exceed the funded amount stated in the Schedule under the Reimbursable CLIN unless they contain a statement expressly increasing the funded amount of the Reimbursables CLIN by a sufficient amount to cover the change order.

40. FUEL.

(a) Delivery Bunkers. Upon delivery of the Tug, the Owner shall present to the Contracting Officer a statement certified by the Owner or its authorized agent showing the amount and grade of fuel on board at the time of delivery with such additional verification as the Contracting Officer may require. The Charterer shall pay for the on-hire bunker survey if performed by an independent surveyor and required by the Contracting Officer.

(b) Provision of Fuel. The Charterer shall ordinarily supply or cause to be supplied any or all of the DFM (F76) grade fuels required by the Vessel during the period of this Charter. For charters six months or more, the Government shall be responsible for any fuel testing. For charters less than six months, the Owner shall be responsible for any fuel testing. Testing laboratory confirmation of compatibility and specifications of newly on-board delivered fuel shall constitute acceptance by Owner. The Vessel shall not be off-hire in the event of delay resulting from the supply of fuel found to be off specification, unless for want of due diligence by Owner. If the Owner loads such fuel on the Vessel at his own expense, the Charterer shall reimburse the Owner the reasonable expenses of such loading.

(c) Owner’s Purchase of Fuel. The Owner shall, if directed by the Charterer, purchase fuel for the Vessel, in which case the Charterer shall, in accordance with the Pass Through Reimbursables clause of this PWS, reimburse the Owner the price paid for all fuel (excluding lube oils) procured by the Owner and loaded in the Vessel during the period of this Charter. Such direction of the Charterer shall be limited to individual fuel purchases and the total amount reimbursable by the Charterer for purchase of fuel and any reasonable expenses paid for loading the fuel aboard the Tug(s) s shall not exceed the funding obligated and available under the fuel CLIN or subCLIN at the time the fuel is purchased. Reimbursement shall be paid only upon presentation of properly certified vouchers, supporting receipts, and other documentation, which justify the charges as fair and reasonable. The Owner shall in no event be reimbursed any amount in excess of the current market price of such fuel and reasonable expenses. The title to all fuel of which the Owner is entitled to be reimbursed hereunder shall automatically pass to and vest in the Charterer upon delivery to the Owner or upon the happening of any other event by which title passes from the vendor or supplier thereof to the Owner. The Charterer shall be afforded all benefits of Owner's contracts for its fuel requirements, including but not limited to any savings addressed in contract section titled Savings.

(d) Off-Hire – Fuel. If the Tug should go off-hire during the period of this Charter, the Owner shall present to the Contracting Officer a statement certified by it or its authorized agent showing the amount of fuel on board at the time the off-hire period commenced and the amount of fuel on board when the off-hire period ended. The Charterer shall be credited for the cost of the fuel consumed during the off-hire period and also reasonable expenses incurred in loading such fuel, with such costs based upon costs at the previous refueling point.

(e) Redelivery. Upon redelivery of the Tug, the Charterer shall ensure that the amount of fuel on board the tug is equal to the amount on board at delivery. The Owner shall present to the Contracting Officer a statement certified by the Owner or its authorized agent showing the amount of fuel on board at the time of redelivery. A bunker survey conducted by an independent bunker surveyor approved by the Charterer shall be performed at the port of redelivery or such other place, as the Charterer shall direct, at Owner's time and expense.

(f) Reasonable Expenses. The term "reasonable expenses" as used in this paragraph, shall mean all reasonable direct expenses paid, excluding crew overtime, which are necessarily incurred in loading said fuel on board the Tug such as: expenses incurred at tanker terminal; loading fuel from lighters, barges, or other craft used as lighters, including lighterage, lighter demurrage, or detention incurred; shifting lighters for the convenience of the Tug; handling lighter lines; and such similar expenses which the Charterer shall find were necessary to pay for the loading of fuel on the Tug(s) during the period of this Charter.

END OF PERFORMANCE WORK STATEMENT

NOTES ON CONTRACT

NOTICE TO OFFERORS

A. SUBMISSION PACKAGE

Attachment A provides the Tug Characteristic Sheet.

Attachment B is the Vessel Casualty and Strike Contingency Plan.

Attachment C is the Offered Rates Sheet.

Attachment D is the Past Performance Data Sheet.

Attachment E is the Past Performance Questionnaire.

END OF NOTICE TO OFFERORS

NOTES ON CONTRACT

INTRODUCTION

This solicitation is a request to time charter two (2) tugs to support the Government's requirement in New London, CT for ship handling, docking and undocking in the harbor and surrounding waters. The charter is for a firm period of 365 days beginning 01 August 2018 and ending 31 July 2019 and options for three (3) additional one-year periods and a fourth period of eleven (11) months ending 30 June 2023.

SCHEDULE OF SUPPLIES AND SERVICES

1. The Schedule of Supplies and Services follows as CLINS under this contract.

2. The following tables will be filled in by the government at award:

a. Daily Rate

b. CLIN price and quantity data

c. Authorized tugs

INVOICE INSTRUCTIONS:

a. Invoices shall be submitted in accordance with the instructions in DFARS clause 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) and DFARS clause 252.232-2006, Wide Area Work Flow Payment Instructions. Also, see the Section WAWF Instructions below.

FIRM PERIOD - TUG #1 CHARTER HIRE

FFP

FOB: Destination

NET AMT

FIRM PERIOD - TUG #2 CHARTER HIRE

NET AMT

FIRM PERIOD - OVERTIME

NET AMT

FIRM PERIOD - REIMBURSABLE FUEL

NET AMT

NET AMT

NET AMT

NET AMT

NET AMT

NET AMT

NET AMT

NET AMT

NET AMT

NET AMT

NET AMT

NET AMT

NET AMT

NET AMT

NET AMT

NET AMT

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-JUL-2019

31-JUL-2019

31-JUL-2019

31-JUL-2020

31-JUL-2020

31-JUL-2020

31-JUL-2021

31-JUL-2021

31-JUL-2021

31-JUL-2022

31-JUL-2022

31-JUL-2022

30-JUN-2023

30-JUN-2023

30-JUN-2023

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral…