3600_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

N3220518R3600 23-May-2018

b. TELEPHONE NUMBER

202-685-6309

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 09 Jul 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N322059. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LORRIE LEEDY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MILITARY SEALIFT COMMAND NORFOLK

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

NORFOLK VA 23511

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$38,500,000

NAICS:

488330

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF68

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N3220518R3600

Section SF 1449 - CONTINUATION SHEET

RFP

PERFORMANCE WORK STATEMENT

1. Overview: This is a Requirements type contract for tug services to be performed in the geographical zones described herein. This Contract requires two U.S. flag tugs to provide harbor support services, ship handling, and standby tug service for ammunition laden barges for the Seal Beach and Long Beach, CA areas. This contract is for all tug requirements in support of Government-Owned Government-Operated (GOGO) ships/vessels of the required bollard pull that cannot be satisfied with government owned, controlled or time-chartered tugs. The actual work may vary considerably from the schedule of estimates.

2. Services Required: The following illustrates the call-out services required under this contract:

Within the geographical regions listed below, Tug(s) 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 always lie safely afloat except in harbors or waters where working aground may be the custom of the port.

3. Geographic Regions: Seal Beach, CA, Long Beach, CA, and surrounding waters

LAYDAYS / LOCATION

Delivery/Redelivery Port Earliest Delivery Date Canceling Date

Seal Beach, CA 01 October 2018 01 October 2018

4. Ordering Period:

PERIOD START DATE END DATE

Base Period 1 October 2018 30 September 2019

Option One 1 October 2019 30 September 2020

Option Two 1 October 2020 30 September 2021

Option Three 1 October 2021 30 September 2022

Option Four 1 October 2022 30 September 2023

5. Authorized Tugs: The Tug(s) chartered under this Contract shall have the minimum characteristics as described in the tug characteristics chart in the Tug Characteristics Sheet. Specifications and characteristics exceeding the minimum, if offered and accepted by the Government, are incorporated by reference upon contract award and become the minimum requirement.

6. Minimum Requirements for Contractor Provided Tug: A tug provided under this contract shall have the following minimum characteristics:

CHARACTERISTIC MINIMUM CONTRACTOR’S INPUT

Flag US Flag

Classification Recognized IACS classification society

Propulsion Type Twin Screw or better

Bollard Pull Ahead 100,000 lbs.

Surface Configuration Configured to prevent hull-to-hull contact with surface vessel.

Surface Fendering Non-marking fendering, clean and sufficient to prevent hull-to-hull contact with surface vessels.

Lines Lines, wires, and associated equipment sufficient to safely and efficiently perform the services under this contract.

Capstans /Winches Sufficient for services performed under this contract with minimum safe working loads of 7,000 lbs.

Navigation Equipment Minimum required by the US Coast

Guard to support safe navigation in reduced visibility and during vessel escort.

Communication Equipment

Minimum required by the US Coast

Guard for international waters.

Capability to provide two-way communications in frequencies of CH

12, CH 13 and CH 16. Cellular phone.

7. Schedule of Estimates: The following estimates are not a guarantee of work. This information is provided for estimation purposes only. Any difference in the actual numbers or workload experienced shall not form the basis for any claim or equitable adjustment. Normally two tugs are required for each call out but may not always be the case.

Call-outs / hours Per Period

Call-outs

First Hour at

Service Rate

Additional

Hours at

Hourly Rate

Overtime Standby Days at the Daily Rate

Seal Beach 140 40 10 21

Long Beach 40 10 4 N/A

8. Rate Structure: The hourly rate shall be inclusive of weekend, holidays and overtime, based on the required aforementioned availability. The service rate and the hourly rate shall be inclusive of fuel and fuel surcharges, which will not be supplied / reimbursed by the Government.

SEAL BEACH

TUG #1 FIRM PERIOD OPTION 1 OPTION 2 OPTION 3 OPTION 4

Service Rate

Hourly Rate

Overtime Rate

Standby Rate

TUG #2 FIRM PERIOD OPTION 1 OPTION 2 OPTION 3 OPTION 4

Service Rate

Hourly Rate

Standby Rate

LONG BEACH

TUG #1 FIRM PERIOD OPTION 1 OPTION 2 OPTION 3 OPTION 4

Service Rate

Hourly Rate

TUG #2 FIRM PERIOD OPTION 1 OPTION 2 OPTION 3 OPTION 4

Service Rate

Hourly Rate

(a) Tug Service Rate: This rate is for any type of work that the vessel can perform and that is contemplated by this contract. This rate includes all of the following items: overtime (including but not limited to crew overtime/penalty time); penalty time; fuel costs; bonuses; payments; emoluments payable to the Master, Officers and crew for services under this contract; the cost, if any, of transit to and from the location; and any other costs incurred in responding to the Government's order. The Vessel Service Rate shall be earned for the first hour of service, such service to be calculated from the date and time the vessel reports in all aspects ready to perform at the location, time and date specified in the Government order, but no earlier than the date and time specified in the order, unless agreed upon by the Government. Consecutive work shall not incur more than one Service Rate charge unless the Vessel is released from government control in between work.

(b) Hourly Rate: Each job shall earn the Hourly Rate, pro-rated to the nearest quarter hour, after completion of the first hour of service. The Hourly Rate will continue to be earned until the Government dismisses the vessel. This rate shall include fuel.

(c) Overtime Rate: If offered, this hourly charge shall be added to the Hourly Rate for any work performed during overtime hours, as defined in this contract. If offered, it shall also be added to the Vessel Service

Rate if the first hour of service covered by the Vessel Service Rate starts or ends in overtime. This rate shall be pro-rated to the nearest quarter hour.

(d) Standby Tug Rate: This rate is a daily rate to be applied pro-rated to the nearest hour to the period beginning at the time the Government dismisses the tug(s) from the call-out docking/undocking at the

Service Rate or the Hourly Rate, whichever applies, until the tug(s) is dismissed from standby service.

i.If any tug is to be called out only for standby service, the Service Rate will be earned for the first hour of standby time and the Standby Tug Rate will begin after the first hour.

ii.If any tug on standby is utilized at the Hourly Rate and returns to standby status, the Standby Tug Rate shall begin again after dismissal from assisting vessels at the Hourly Rate. For purposes of calculating the Standby Tug Rate, the 24-hour clock will begin again after return from the Hourly

Rate, the previous standby time having been pro-rated to the nearest hour.

iii.Fuel will be included in the Standby Rate.

(e) Cancelled Orders: Orders cancelled outside the required notification period shown in the Statement of

Work will incur no charge. Orders cancelled within the required notification period will incur a charge equal to one hour at the hourly rate.

9. Notification Times: When tug service is requested, service shall be provided within the time specified in the

“Required Response” boxes in the table below:

TIME REQUIRED RESPONSE

Straight Time: 0600-1700 hours M-F excluding

Federal Holidays subject to change by the

COR/Ordering Officer

Two (2) Hours

Overtime: All hours not covered in Straight Time and all weekends and Federal Holidays

Two (2) Hours

10. General Requirements: Typical Services are listed as follows for illustrative purposes only and describe some of the services that may be performed as requested on the basis of a 24 hour per day, 365 days 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;

b) Provide stand-by tug service on a day to day basis to meet port requirements that facilitate the movement of any ammunition laden barge, lighter or craft at all times.

c) Transfers of pilots and Government Personnel by vessel.

d) Tug emergency support services, including responses to weather conditions threatening vessels, piers, dry docks, or shore facilities; shipboard fires; collaborative fire support; 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;

e) Line handling

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

g) 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:

AE ARS DD LPH

AFDM AS DDG LSD

AGDS ASR FF LST

AKE ATF FFG MCM

AO AVM LCS MSO

AOE CG LHA SS

AOR CGN LHD EPF

AR CV LKA ESD

ARD CVN LPD JHSV

Or foreign military vessels equivalent to any of the above

Owner's Representative shall provide adequate staff and communications to respond promptly to Government's requests for services under this Contract on a 24-hour-day basis. Contractors shall respond to emergencies with utmost dispatch.

11. Substitution of Tugs: Substitution of tugs is authorized, but only for good cause shown and only upon proper notice to the Government and approval of the Contracting Officer.

Any tug nominated to be a substitute tug under this paragraph shall result in no additional cost to the

Government, shall have substantially the same characteristics and shall be similarly fitted and otherwise equal or superior in performance to the tug for which it is being substituted. The use of the substituted tug shall result in no operational delay and shall not otherwise excuse any other performance required under this

Contract.

Owner’s notification concerning substitution of tug must be made in writing to the Contracting Officer a minimum of 48 hours before non-availability of the contract tug except where urgency precludes written notice. If urgency precludes written notice, Owner shall give oral notice and shall confirm in writing within

48 hours of receipt of Government's order. Notice of substitution shall include all information required for

Government to make a determination that the substitute meets the Government’s minimum requirements.

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

12. Method of Ordering:

Orders may be issued by electronic DD Form 1155 or SF1449.

Orders may be issued for a specific movement or a series of movements.

13. Schedule Minimum Total Order Quantity: This contract does not incorporate a minimum guaranteed amount. The government does not guarantee that it will order a minimum amount of work.

14. Points of Contact

CONTRACTING QUESTIONS

Contracting Officer, Lorrie Leedy, COMSC N04103B1, 757- 443-2805

OPERATIONAL QUESTIONS

Timothy Vickers, COMSC PM4, 757-341-6824, Project Officer

Iben Gantt, COMSC PM4, 757-443-2711, Program Analyst

Christopher Eliff, Port Operations, CNRSW, N31, 619-556-5880, Contracting Officer’s Representative (COR)

15. Tug Complement and Crew:

a) 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).

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

c) 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.

d) All contractor employees shall have in their possession photo identification at all times when working under this Contract.

e) 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.

16. Insurance

Vessel Owner’s Insurance.

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 below or as expressly provided below or as expressly provided in the section entitled “War” , all expenses for such insurance coverage (including but not limited to premiums, additional premiums, calls, commissions, overspill claims, advancements, assessments, deductibles, and all other insurance costs regardless of Charterer or Contractor fault, neglect, action or inaction, or cause of claim or cost whatsoever) shall be for Contractor’s account and shall be deemed to be included in the hire payable under this Charter Party. Within 10 calendar days following award of this contract, Contractor shall provide the

Contracting Officer copies of policies or cover notes evidencing that required coverage has been obtained and demonstrating that the coverage is consistent with the requirements of this section. Contractor’s failure to provide the required policies or cover notes may be considered material breach of this contract. Contractor shall make insurance claims under applicable policies for all damages, injuries, or claims arising from or related to this charter when directed by Charterer regardless of Charterer’s fault, neglect, action, inaction, or breach of clauses, obligations or warranties (express, implied or otherwise) of this charter contract.

Contractor shall obtain an endorsement on all of Contractor’s insurance policies by which Contractor’s Insurer

“waives all rights of subrogation against the United States of America up to an amount of $350,000,000”.

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.

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.

Charterer Named Additional Assured on Owner’s Hull Policy, War Risk Hull Policy, Protection and Indemnity

(P&I), War Risk P&I, and Second Seaman’s War Risk Policy.

The United States of America (as Charterer) shall be named as an additional assured with waiver of subrogation under the Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, Protection and Indemnity (P&I), War Risk P&I, and Second Seaman’s War Risk policy.

Within 10 calendar days following award of this contract, Contractor shall provide the Contracting Officer copies of policies or cover notes evidencing that the required coverage has been obtained. Contractor’s failure to provide the required policies or cover notes may be considered material breach of this contract.

“Other than owner” and “as owner” limitations. If Contractor’s Hull and Machinery policy (and Increased

Value policy if applicable), War Risk Hull and Machinery policy, Protection and Indemnity (P&I), War Risk

P&I, or Second Seaman’s War Risk policy contain(s) any provision limiting coverage under the policy only to liabilities arising as owner of the vessel, Contractor shall arrange for such limiting provision to be stricken from the policy.

If Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and

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

Charterer.

Limitations of Coverage to U.S. Limitation of Shipowner’s 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 Shipowner’s 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.

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

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.

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.”

Contractor to Indemnify. If Contractor fails to name the United States as additional assured with waiver of subrogation on Contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk

Hull and Machinery policy, or Second Seaman’s War Risk policy; or fails to obtain for the United States the

Time Charterer P&I policy/entry with War Risks coverage; the Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses which would have been covered by the required insurance policies/coverage.

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, Protection & Indemnity policy, War Risk Protection &

Indemnity policy, and Second Seaman’s War Risk policy, or the coverage afforded by the Time Charterer

Protection and Indemnity policy/entry with P&I War Risk coverage. If any such policy is vitiated or voided by

Contractor’s action or inaction, Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses which would have been covered by the policy had such policy remained in full force and effect.

In the event Contractor fails to strike “other than owner” or “as owner” provisions per Section 15.2.2, fails to amend supplemental limiting provisions as described in Section 15.2.2.1, or fails to amend provisions limiting payment or coverage as described in Section 15.2.3, Contractor shall indemnify and hold harmless the Charterer for all liability, costs, or expenses which would have been covered by Contractor’s Hull and Machinery policy

(and Increased Value policy if applicable), War Risk Hull and Machinery policy, Protection & Indemnity policy, War Risk Protection & Indemnity policy, and Second Seaman’s War Risk policy had such provisions been stricken or amended as required.

17. War

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

The Contractor shall immediately notify the Charterer:

(1) whenever any sailing orders will result in the Vessel subject to this contract being sent beyond the limits of the War Risk Trading Warranties of insurance policies required under this contract (to include entry into a war risk exclusion zone or when the Vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places or any other waters described in the Lloyd’s Joint War Committee’s current

Hull War, Strikes, Terrorism and Related Perils Listed Areas);

(2) if there are any changes to the War Risk Trading Warranties of insurance policies required under this contract (including changes to the exclusion zones or the Hull War, Strikes, Terrorism and Related Perils

Listed Areas) or changes to War Risk premiums, charges, or deductibles; or

(3) whenever additional premium charges or costs will be incurred as a direct result of compliance with any sailing orders issued by the Charterer under this contract. The Contractor shall ensure that the insurers provide it relevant information in a timely manner. If the Contractor has given this required notice to the

Charterer, the Charterer will reimburse the Contractor for the increase in costs (if any) of insurance premiums, charges, or deductibles which arise from the vessel sailing beyond the applicable War Risk

Trading Warranties (including changes to the war risk exclusion zones) when entry into any exclusion zone or Hull War, Strikes, Terrorism and Related Perils Listed Areas under such insurance has been approved in advance by the Charterer. The issuance of sailing orders, by itself, does not constitute approval in advance by the Charterer. The Charterer may give the Contractor notice and instructions concerning suspension of commercial War Risk insurance coverage and substitution of Government indemnity or Government War

Risk insurance as detailed in the section entitled “Government War Risk Insurance/Indemnity” below.

Additional Wage Costs. The Charterer shall reimburse Contractor for the cost of provable additional master and crew wages (including all additional bonuses and payments required) to the extent that such additional costs arise directly from exposure of the Vessel, and/or Vessel’s master and crew, to the risks described in the paragraph entitled “Voyage Instructions” above. However, any of said wages or payments shall not exceed in amount that which would be payable, under applicable laws and regulations, to U.S. civil service mariners in the employ of the Military Sealift Command in a similar port, place, zone, or route. Contractor shall notify

Charterer of all anticipated additional wage costs prior to entering any location which would trigger such additional costs; and no such costs shall be reimbursable unless Charterer, after notification of such costs, provides approval to enter such location.

18. Government War Risk Insurance/Indemnity:

Upon receipt of notice and instruction from the Contracting Officer, with respect to any area excluded by the War

Risk Trading Warranties or included by the Lloyd’s Joint War Committee on the Hull War, Strikes, Terrorism and

Related Perils Listed Areas under the Contractor’s commercial War Risk coverage, the Contractor shall, as soon as practicable, contact its insurance brokers or underwriters and arrange for the suspension of its commercial War

Risk insurance upon entry of the vessel into, or extension of stay of the vessel in such area(s), or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places, or any other waters described in the Lloyd’s Joint War Committee’s current Hull War, Strikes, Terrorism and Related Perils Listed

Areas , as the case may be, subject to resumption of its commercial War Risk insurance upon exiting such area(s).

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

Government War Risk Insurance. Under the authority of 46 U.S.C. § 53905, the United States Maritime

Administration (MARAD), at the request of Commander, Military Sealift Command, may furnish the following war risk insurance coverage, which will be effective during the vessel’s transit under this Contract in areas which are in war risk exclusion zones, or waters described in the current Lloyd’s Joint War Committee Hull War, Strikes, Terrorism and Related Perils Listed Areas , or otherwise excluded under the Contractor’s commercial marine War

Risk trading warranties, and which are designated by notice from the Contracting Officer to the Contractor:

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

Charterer;

(2) War Risk Protection and Indemnity coverage, insured at a value of either (i) 150% of the hull value stated in

Vessel's current commercial hull policy effective on Charter Party date or (ii) $50,000,000, whichever is greater but in no event exceeding that amount of commercial P&I cover which was in effect for the Vessel on Charter

Party date;

(3) War Risk Blocking and Trapping Coverage;

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

(5) War Risk Loss-of-Hire coverage, if a commercial loss-of-hire policy was in effect on the Vessel on Charter

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

Government Indemnity. Under the authority of Public Law 85‐804 (72 Stat. 972, August 28, 1958) and Executive

Order 10789, as amended by Executive Order 11610, the Secretary of Defense or the Secretary of the Navy may authorize the Contracting Officer to indemnify the Contractor against loss from risks that would be covered by

MARAD war risk coverage as set forth in the paragraph entitled “Government War Risk Insurance” directly above.

19. Strike Contigency Plan:

(a) Per Attachment A – Submission Package, the contractor shall provide and maintain a strike contingency plan that describes how services will be provided if there is a labor strike or any other deficiency of Master or crewmembers. The plan must be practicable and must clearly state the means and method for vessel manning during a strike or labor action and for providing services in the face of disruptive measures typical of a strike situation. Award of the contract shall indicate the Contracting Officer’s approval of the plan, whose approval shall not be unreasonably withheld.

(b) The contractor shall update the plan as necessary but no less frequently than yearly and not later than 30 days before the last day for the exercise of each option to extend contract term. Exercise of an option to extend the term of the contract shall indicate the Contracting Officer’s approval of the updated plan, whose approval shall not be unreasonably withheld.

20. Vessel Casualty Plan:

(a) Per Attachment A – Submission Package, the contractor shall provide and maintain a vessel casualty plan that describes how services will be continued if there is a casualty to the Vessel or to a system that makes the Vessel inoperable or incapable of safely providing a required service. The plan must be practicable and must clearly state the means and method for timely acquisition and deployment of a substitute vessel in the event of a vessel casualty. Award of the contract shall indicate the Contracting Officer’s approval of the plan, whose approval shall not be unreasonably withheld.

(b) The contractor shall update the plan as necessary but no less frequently than yearly and not later than 30 days before the last day for the exercise of each option to extend contract term. Exercise of an option to extend the term of the contract shall indicate the Contracting Officer’s approval of the updated plan, whose approval shall not be unreasonably withheld.

21. Incident Reports: In all instances in which any vessel being handled by Owner’s Vessel(s) sustains damage or is involved in any incident resulting in damage to vessels or property, or in bodily injury or death, Owner shall secure a report from the Vessel Master or Officer acting as pilot, and from any licensed pilot aboard the vessel being handled. Owner shall submit said report to the Contracting Officer within twenty-four hours following said incident, reporting the facts, listing deaths, reporting the extent of damages to property and any bodily injuries, and listing recommendations to prevent recurrence.

22. Compliance: All vessels shall be compliant with all applicable Federal and state laws and regulations and in particular, with all applicable U.S. Coast Guard regulations for vessels and their operation.

23. 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. All costs shall be included in the basic hire, except for Contracting Officer directed material purchases over $100 in total value, which shall be subject to the Pass Through Reimbursables Section of the Contract.

24. Supercargo and Government Designated Representatives (Aug 2005):

(a) Charterer’s Option. The Charterer shall have the right to assign supercargo (supercargo as used herein is both plural and singular) and other Government designated representatives aboard the Vessel for duty purposes to the extent that accommodations and United States Coast Guard certification (when applicable) allow and in accordance with COMSC Instruction 3121.9 Series. The Charterer shall pay an amount of

$30.00 per day, per person, covering all expenses including accommodations and victualling. The Owner shall victual U.S. Government designated representatives, pilots, and Customs Officers when authorized by the Charterer at $7.00 per meal. The Government particularly reserves the right to put a representative onboard the Vessel, with the pilot, at the approach to a discharge port (or otherwise as mutually agreeable) to inspect the Vessel and to monitor the unloading; reimbursement for accommodations and/or victualling is to be as described above.

(b) Military Personnel. In addition to the carriage of personnel, the Charterer shall have the right to assign other military personnel aboard the Vessel. Such personnel are not to require victualling or berthing facilities from the Vessel unless requested by the military commander aboard, in which case the Owner will be reimbursed out-of-pocket expenses not to exceed the amount per person per day set forth above.

The Owner shall provide sufficient lifesaving equipment for such personnel in accordance with SOLAS and all other applicable regulatory requirements.

(c) Charterer’s Liability. The Charterer shall be liable to the Owner for any loss of the Vessel's fittings or appurtenances or any damage to the Vessel, her fittings, or appurtenances caused by the act of supercargo or Government designated representatives in the embarkation, carriage, or debarkation of supercargo or

Government designated representatives to the extent such loss or damage is not payable under the Vessel's insurance policies. However, the Charterer shall not be liable for such damage unless written notice specifying such damage and, if obtainable, the name of the party or parties causing such damage shall have been given to the Charterer or its authorized representative within a reasonable time.

25. Wage Determination: The Department of Labor Wage Determinations are added as Attachment D.

26. Funding: Funding will be provided with each individual task order. Expenditures may not exceed the funding on any task order for that purpose.

27. Security Clearances: The Contractor shall obtain and maintain Transportation Worker Identification

Credential (TWIC) for the Tug(s) Master(s), Officers(s) and Crew(s) throughout their service under this contract.

28. Contractor Manpower Reporting:

a) The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Military Sealift Command via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

b) Reporting inputs will be for the labor executed during the ordering period during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2018. Contractors may direct questions to the help desk at: http://www.ecmra.mil/.

INSTRUCTIONS

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 06 July 2018 at 1300 Eastern Time. 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 from 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 testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal

Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part

101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section

Suite 8100

470 L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925)

Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph

(i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock

Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique…