RFP_19R3603.pdf

1. This Requirement contract is for tug services for submarine and surface vessels visiting the Naval

Ordinance Test Unit at Port Canaveral, FL. The requirement is for two twin screw or better tugs to provide harbor support services and ship handling in and around the Port Canaveral area.

2. The expected annual operating tempo (OPTEMPO) for the two tugs is 100 ship movements of approximately 2 hours duration, of which 12 ship movements may occur during overtime working hours. Therefore, the annual estimate of ship movements is 400 hours [(2 tugs x 2 hours) x 100 moves]. This is an estimate and not a guarantee of work.

3. Period of Performance

Period Length (days) Option Notice Date of

Commencement Date of

Completion Base Period

17-Dec-19 16-Dec-20

Option Period One 365 (See FAR clause

52.217-9) 17-Dec-20 16-Dec-21 Option Period Two

365 (See FAR clause 52.217-9) 17-Dec-21 16-Dec-22

Option Period Three 365 (See FAR clause

52.217-9) 17-Dec-22 16-Dec-23 Option Period Four

366 (See FAR clause 52.217-9) 17-Dec-23 16-Dec-24

4. Requests for services within the scope of this contract may only be issued by:

(a) Contracting Officer; or

(b) Contracting Officer’s Representative (COR)

5. The Tug(s) chartered under this contract shall have the minimum characteristics as described in the tug characteristics chart in the Vessel 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. 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

Hourly Time: 0700-1900 hours M-F excluding Federal Holidays Twelve hours

Overtime: 1901-0659 All hours not covered in Hourly Time and all weekends and federal holidays

One hour

NOTE: Contractors shall respond to emergencies with utmost dispatch.

7. Ordering. Specific details as to the date of the order, the start and end date of service, the start and end time of service, the contract number, the task order number, the purchase request number, the vessel name, the number of tugs used, the services required, and the delivery destination will be provided through technical direction by the COR/ACOR. The quantities for individual line items set forth in the contract shall not exceed the funding on the CLIN(s).

Additionally, the hours requested in each order shall not exceed the hours available on the CLIN(s). A modification to the contract must be executed before additional quantities may be ordered that exceed the CLIN amount. See Attachment B – Instructions for Call-Out Services Order Request Form.

Points of Contact.

CONTRACTING QUESTIONS

Contracting Officer, Lorrie Leedy, COMSC N103A, 757-443-2805 Contract Specialist, Courtney Woodley, COMSC N103A, 757-443-3864

OPERATIONAL QUESTIONS

Project Officer, Timothy Vickers, COMSC PM4, 757-341-6824 Program Analyst, Iben Gantt, COMSC PM4, 757-443-2711

Contracting Officer’s Representative (COR), To be determined

Method of Ordering.

(i) Orders may ONLY be issued by the Contracting Officer, the Contract Specialist, and/or the Contracting Officer Representative (COR) appointed to this contract.

(ii) Orders may only be issued in the form of Attachment B (Instructions for Call-Out Services Order Request Form), if the contract is fully funded, or in the electronic form 1449 (task order) if the contract will not be fully funded.

(iii) All orders MUST be documented with a Contract Action Report in FPDS-NG.

(iv) See Attachment B – Instructions for Call-Out Services Order Request Form

8. RATES FOR SERVICES (See table Attachment F for contract rates)

(a) Hourly Rate: This rate gives a rate for the provision of any type of work that the vessel can perform and that is contemplated by this contract. This rate includes all of the following items: 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 Hourly Rate, pro-rated to the nearest quarter hour, shall be calculated from the date and time the tug reports in all aspects ready to perform at the location, time and date (but no earlier than the date and time specified in the order, unless agreed upon by the Government) specified in the Government order. The Hourly Rate will continue to be earned until the Government dismisses the vessel.

(b) Overtime Rate: Overtime rate is applicable from 1901-0659 and all weekends and holidays.

This rate includes fuel costs.

(c) Cancelled Orders: Orders cancelled within the required response time shown in the Request for Proposal (RFP) will incur no charge.

9. The Government shall provide the following to the contractor: Nothing will be provided.

10. VESSEL CHARACTERISTICS: Tugs shall have the following minimum characteristics:

CHARACTERISTIC

MINIMUM

CHARACTERISTIC

MINIMUM

FLAG

USA MAXIMUM DRAFT: 16FT IN SALT

WATER

PROPULSION TYPE

TWIN SCREW OR

BETTER

SHAFT

HORSEPOWER

MIN: 2,100

TRANSIT SPEED

8 KTS MIN IN

MODERATE

WEATHER UNDER

80% RATED

HORSEPOWER

BOLLARD PULL

AHEAD:

MIN: 60,000 LBS

LINES

LINES AND

WIRES, AND

ASSOCIATED

EQUIPMENT

SUFFICIENT TO

SAFELY AND

EFFICIENTLY

PERFORM THE

SERVICES UNDER

THIS CONTRACT

SURFACE

FENDERING

NON-MARKING

FENDERING, CLEAN

AND SUFFICIENT TO

PREVENT METAL-

TO-METAL

CONTACT WITH

SURFACE VESSELS

CAPSTANS/WINCHES

SUFFICIENT FOR

SERVICES

PERFORMED

UNDER THIS

CONTRACT WITH

MINIMUM SAFE

WORKING LOADS

OF 7,000 LBS.

SUBSURFACE

FENDERING

NON-MARKING

FENDERING, CLEAN

AND SUFFICIENT TO

PREVENT METAL-

TO-METAL

CONTACT WITH

SUB-SURFACE

VESSELS.

FENDERING TYPE

AND

ARRANGEMENT

SHALL BE IAW

MILSTD 2040

(AVAILABLE UPON

REQUEST).

COMMUNICATION

EQUIPMENT

MINIMUM

REQUIRED BY

THE US COAST

GUARD FOR

INTERNATIONAL

WATERS.

NAVIGATION

EQUIPMENT

MINIMUM

REQUIRED BY THE

US COAST GUARD

TO SUPPORT SAFE

NAVIGATION IN

REDUCED

VISIBILITY AND

DURING

SUBMARINE

ESCORT.

GENERAL REQUIREMENTS

11. 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, 7 day per week 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 hereon. 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) Transfers of pilots, Government Personnel by vessel.

(c) 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;

(d) Line handling

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

(f) 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 . MSO

. AO . AVM . IX . SS

. AOE . CG . LHA . SSBN

. AOR . CGN . LHD . SSN

. AR . CV . LKA - SSGN

. ARD . CVN . LPD

. Or foreign military vessels equivalent to any of the above

12. 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.

13. Vessel security screening may be conducted while the vessel is on hire. The vessel’s hull may be searched by a Navy diver. Navy working dogs may be used to conduct security sweeps of the Tug(s) and all items being loaded prior to each call-out.

14. Substitution of tugs is authorized, but only for good cause shown and upon proper notice to the

Government and approval of the Contracting Officer. The Contractor shall provide notice of intent to substitute and shall identify both the tug being substituted and the substitute tug. The Contractor shall also provide the Contracting Officer with sufficient information to base a determination 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.

15. The Contractor shall fix and deploy a substitute Tug within a period of 12 hours after notice of submission of substitution or within 24 hours of any off-hire. (See clause 52.212-4 addendum, “Off-hire” paragraph, whichever occurs first.)

16. 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 Contract 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 excuse any other performance required under this Contract.

17. 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.

18. 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.

19. 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).

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

21. 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.

22. All contractor employees shall have in their possession photo identification at all times when working under this contract.

23. 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.

24. STRIKE CONTINGENCY 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.

(b) The Contractor shall update the plan, if changed, but may continue 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.

25. 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 Tug or to a system that makes the Tug 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 tug in the event of a vessel casualty. Award of the contract shall indicate the Contracting Officer’s approval of the plan

(b) The Contractor shall update the plan, if changed, 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.

26. INCIDENT REPORTS. Should any vessel being handled by Owner’s Tug(s) sustain damage or is involved in any incident resulting in vessel or property damage, bodily injury, or death, the Owner shall secure a report from the Tug Master or Officer acting as pilot, and from any licensed pilot aboard the vessel. Owner shall submit said report to the MSC PM41 Program Office and 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.

27. 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 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.

31. 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.

32. 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.

33. 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.

34. 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 regular hourly rate, 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.

35. SUPERCARGO AND GOVERNMENT DESIGNATED REPRESENTATIVES.

(a) Charterer’s Option. The Charterer shall have the right to assign supercargo and other

Government designated representatives aboard the Vessel for duty purposes to the extent that accommodations and United States Coast Guard certification 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 the Contracting Officer within one week of the damage taking place.

36. WAGE DETERMINATION. The Department of Labor Wage Determinations are added as Attachment I.

37. FUNDING. Funding will be provided for the base period and each option, or it will be provided per individual task order.

38. 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.

39. 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 2019.

Contractors may direct questions to the help desk at: http://www.ecmra.mil/.

INSTRUCTIONS

52.212-1 Instructions to Offerors -- Commercial Items (Oct 2018)

(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 26 August 2019 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;

(11) 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 by the time specified in the solicitation. If no time is specified, 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 entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(End of Provision)

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL

ITEMS (Oct 2018)

In accordance with FAR 12.302 (Tailoring of provisions and clauses for the acquisition of commercial items) the following shall take precedence over the un-tailored paragraphs.

a. This procurement is a FAR Part 12 acquisition being conducted under the FAR Subpart 13.5, Simplified Procedures for Certain Commercial items. After receipt of proposals the Government may, with or without notice, negotiate with and, if desired, seek proposal revisions from as many or as few offerors as it, in its discretion, deems appropriate.

b. Proposal and proposal modifications (e.g., proposal extension) may also be submitted electronically in response to this solicitation by e-mail directly courtney.woodley@navy.mil and lorrie.leedy@navy.mil, the designated E-mail addresses and inboxes for receipt of E-mail submissions. No other electronic means of submission, used in whole or in combination with E-mail, is permitted.

c. Proposals must be submitted via e-mail on or before 26 August 2019 at 1300 Eastern Time in Adobe Acrobat (.pdf) format, and must be compatible with Adobe Acrobat Reader 8.0 or later version.

Proposals/modifications must contain either a verifiable electronic signature (e.g. PKI enable certificate), or a scanned image of the handwritten signature of the Offeror or Offeror's agent. Offerors are advised that delays in the receipt of e-mail do occur, and the Offeror is solely responsible for timely receipt of offers by the Government regardless of any problems or delays related to computer hardware or software systems including, but not limited to, servers and firewalls. An E-mail proposal that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for proposal submission will be considered late. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. For electronic proposal/modifications, the only acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers is the receipt of the E-mail proposal, readable, in its entirety in the designated E-mail inbox by the due date and time for proposal submission. Any other timestamp or meta-data of the Offeror's sent e-mail shall not be construed as sufficient documentation of the Government's receipt of an e-mailed offer. It is the Offeror's responsibility to ensure the proposal has been received in the designated E-mail inbox by the due date and time.

d. All Questions regarding the RFP shall be submitted to courtney.woodley@navy.mil and lorrie.leedy@navy.mil . All questions must be submitted 24 hours prior to RFP closing.

e. Access to the Norfolk Naval Station is restricted. Offerors and couriers and other delivery services may encounter unpredictable and lengthy delays or denied access when attempting to enter that facility.

Similarly, emailed proposals may encounter unpredictable and lengthy routing delays. In all cases, Offerors are responsible for the risks associated with the chosen delivery method and for ensuring that the Government receives the complete proposal at the appropriate designated location prior to the due date and time for proposal submission.

f. Failure of an offer to address any items in this RFP may make the offer unacceptable and/or may result in it not being considered for award.

g. Offerors are encouraged to submit offers using the Submission Package. The Submission Package contains forms for the proposed Minimum Vessel Characteristics, the Offered Rates, the Vessel Casualty Plan, and the Strike Contingency Plan. Vessel Characteristics Sheets, Rate Sheets, or other documents may be substituted but must address the details in these forms.

h. Representations and Certifications clauses that offerors are required to complete are also provided.

i. By submission of an…