20R3004- AMD 0004- Released.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Please see attached.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 113

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

16C. DATE SIGNED

BY 09-May-2020

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N3220520R3004

X 9B. DATED (SEE ITEM 11)

27-Mar-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

09-May-2020

CODE

MILITARY SEALIFT COMMAND NORFOLK

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

NORFOLK VA 23511

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N3220520R3004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

SOLICITATION AMENDMENT 0004

The purpose of this Amendment is to:

1. Extend the closing date of the solicitation to 19 May 2020, 1PM local Norfolk, VA time.

2. Add section C-1.3.2.1.a.

3. The change to Section C above is shown in red.

4. Respond to solicitation questions:

Solicitation N32205-20-R-3004 Questions and Answers

Question 27: With the potential addition of hundreds of temporary embarked personnel (TEP), a two-person steward’s department required as part of the manning schedule would not have the capacity to feed this many people onboard. Please clarify if this is the government’s expectation within this contract for the assigned two-person steward’s department to be responsible for providing meals to TEP or if supplemental steward’s department personnel would be added on a case-by-case basis.

ANSWER: There is no plan to embark “hundreds” of TEP; the volume of TEP is anticipated to be quite small, 1- 3 persons for very short durations. Should a TEP situation be planned that exceeds normal shipboard capabilities, augmentation and/or reimbursement of overtime will be considered as part of the event’s planning effort.

Section C-1.3.2.1.a. is added to the RFP to clarify this answer.

Question 28: Please provide the following technical documents if available:

MANUALS

Damage control manual Engineering operating manual: hull & machinery Engineering operating manual: electronics Machinery central control systems manual (mccsm) Service and maintenance manual/sams index Trim and stability booklet-abs approved Route operations manual

DRAWINGS

Ship assembly and support services-docking plan Electrical-ac distribution overview-one line diagram General arrangement & profile drawings Propulsion Shafting arrangement Waterjet oem (kamewa) Builder’s seatrials report

DOCUMENTS

Most recent example of a Load Case Report Ship’s drawing index (catalog of ship’s drawings) Service upgrades from original buildout for new service

ANSWER: The Following documents are provided:

MANUALS

Damage control manual- Provided Engineering operating manual: hull & machinery- Found in Craft Operating Manual Engineering operating manual: electronics- Found in Craft Operating Manual Machinery central control systems manual (mccsm)- Found in Craft Operating Manual Service and maintenance manual/sams index- ***Attempting to provide*** Trim and stability booklet-abs approved- Provided Route operations manual- *** Under Review ***

DRAWINGS

Ship assembly and support services-docking plan- Provided Electrical-ac distribution overview-one line diagram- *** Attempting to provide *** General arrangement & profile drawings- Provided Propulsion- Provided- Shafting General Arrangement Drawing Shafting arrangement- Provided- Shafting General Arrangement Drawing Waterjet oem (kamewa)- Provided Builder’s seatrials report- Not Available

DOCUMENTS

Most recent example of a Load Case Report- Examples included in Trim and Stability Booklet Ship’s drawing index (catalog of ship’s drawings)- Provided Service upgrades from original buildout for new service- *** Attempting to provide ***

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 12-May-2020 01:00 PM to 19-May-2020 01:00 PM.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

SECTION C

C-1. Operations C-1.1. General Operations C-1.1.1. Scope of Work/Mission The Contractor shall operate and maintain those vessels (hereinafter ship or ships) identified in C-1.1.1.a to support the assigned missions identified in C-1.1.1.a. The ships shall be operated in a professional manner, maintained in a good operable condition. Ship shall also be mission-ready at all times (excluding scheduled maintenance, repair, and overhaul periods). The Contractor shall operate the ships and related ship systems and equipment in accordance with (IAW) all relevant law and the terms of this contract. The Contractor shall operate the ship and related ships systems and equipment IAW USCG and ABS rules and regulations that would apply as if it is owned by a non-government entity, which includes but is not limited to maintaining a valid USCG Certificate of Inspection and ABS Classifications (including all statutory certificates) at all times. Additionally the Contractor shall obtain and maintain the certificates listed in C-1.1.1.b.

C-1.1.1.a. List of Ships

SHIP NAME SHIP MISSION SHIP CONFIGURATION

USNS GUAM (HST-1) US Marine Corps IMO 9328924

C-1.1.1.b. Certificates

• ABS, ‘Rules for Building and Classing High-Speed Craft,’ including all requirements for classification as

A1, AMS, ACCU, HSC Naval Auxiliary, HSC RO/RO Passenger Craft (B) with no outstanding recommendations at the time of delivery.

• USCG Regulations for Certification as High Speed Transport, Unrestricted Ocean Service

• U.S. Department of Transportation Hazardous Materials Regulations.

• International Convention for Safety of Life at Sea (SOLAS), including all amendments. *

• MARPOL, International Convention for the Prevention of Pollution from Ships Annex I, IV, V, VI *

• U.S. Public Health Service (USPHS), including Publication No. 393, ‘Handbook on Sanitation of Vessel

Construction’ and USPHS Ship Sanitation Exemption Control Certificates (SSECC) which have replaced the old De-Rat Certs.

• USCG Navigation & Vessel Inspection Circulars (NVICs)

• Panama Canal Regulations for routine commercial transit.

• Suez Canal Regulations.

• Federal Communications Commission Regulations and Equipment Certs.

• International Convention on Load Lines.

• ABS Surveys of Cargo gear & Guide for Certification of Cranes, Lifting Appliances, Container Securing

Systems,

• ABS Guide for Survey Based on Preventative Maintenance Techniques.

• Marine Safety Manual, COMDTINST 16000 series

• U.S. Department of Transportation, Hazardous Materials Regulations

• International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW)

* The HST vessels shall carry valid Statements of Voluntary Compliance (SOVC) for: Cargo Ship Construction, Cargo Ship Safety Equipment, Cargo Ship Radio, Oil Pollution Prevention, Sewage Pollution Prevention, Ali Pollution Prevention, Energy Efficiency, Safety Management. MARPOL Annex I, IV & VI and SOLAS.

C-1.1.1.c. Directives The Contractor shall comply with the MSC Standard Operating Manual (SOM), COMSCINST 3121.9 (series), Standard Operating Manual (SOM). In cases where the SOM and this Contract conflict, the Contractor shall notify the COR, and the Operational Commander immediately.

C-1.1.2. Operational Control (OPCON) Operational control of the ships covered under this contract is normally exercised by a designated operational commander who may or may not be the cognizant MSC Area Command. The Contractor shall comply with Operational Commander’s and MSC Area Commander’s operational control direction. If there is a conflict between the Operational Commander and the MSC Area Commander then the Contractor shall follow the direction of the Operational Commander. In exercising command authority, commanders are not authorized to make changes to the scope of the contract. If compliance will result in expenses that will exceed available funding obligated to the contract, then the Contractor shall obtain preapproval IAW section G-7, prior to incurring the expense.

The Contractor shall comply with all anti-terrorism/force protection (AT/FP) and other security requirements for the ships while at sea and in port that the Operational Commander requires MSC ships follow. Expenses incurred in performance of meeting AT/FP and other security requirements will be reimbursable when the Contractor obtains contracting officer approval prior to incurring the expense. If a situation arises which prevents the operator from complying with mission tasking, the Contractor shall immediately notify the Operational Commander and provide an information copy to COMSC and the cognizant MSC Area Commander.

The Operational Commander or Area Commander will obtain clearances to call at foreign ports for each ship. Each operational mission will be the subject of a classified Operational Order (OPORD) or Sailing Order (SAILORD) that specifies exactly how the mission will be accomplished. The contractor shall comply with all direction and https://eagle.onlineinventorysystem.com/Clients/ABS/ELF1-5.nsf/catalogbycategory?searchView&query=cargo%20gear*## instructions in OPORDs. The Master is authorized to make minor deviations from sailing orders to meet mission requirements, provided the Master immediately notifies all commands within the operational chain of command of the deviation.

The contractor shall immediately report any delay of any ship and/or diversions from operations to the Operational Commander.

C-1.1.2.a. Tactical Control (TACON) TACON is a sub-element of OPCON. It includes the detailed and local direction and control of ship movements necessary to accomplish operational missions. It is normally delegated to the cognizant MSC Area Commander by the Operational Commander.

The command exercising TACON will issue sail orders IAW the established ship schedules. The Contractor shall comply with all sail orders. However, the Master is authorized to make minor deviations from sailing orders to meet mission requirements, provided the Master immediately notifies all commands within the operational chain of command of the deviation.

C-1.1.2.b. Administrative Control (ADCON) Administrative control of the ship will be exercised by the Program Management Office, Military Sealift Command Headquarters (MSC HQ).

C-1.1.3. Area of Operations The Contractor shall plan to operate the ships worldwide and have the ability to do so during the entire period of performance. At time of solicitation, ships are operating in the areas identified in C-1.1.3.a.

C-1.1.3.a. Vessel Operating Areas The Government anticipates GUAM will be operating within Far East area of operations at time of contract award and will continue to operate within Far East Area of Operations throughout the contract period. GUAM is presently hubbed in Okinawa, Japan, and operates primarily in and between Japan and Korea. GUAM has also operated in and between Philippines, Singapore, Thailand, Commonwealth of the Marianas, and Guam and may operate anywhere in the Far East Area of Responsibility (AOR).

The government does not provide any guarantee the ships will continue to operate in these areas during the contract’s period of performance. Contract price shall not be increased or decreased to account for cost changes due to a change in ship(s) operational locations.

Concept of Operations:

At commencement of Contract performance and throughout the performance period of this contract, the government anticipates the ship(s) will be operated as indicated in C-1.1.3.b. However, the Government may direct ships to be placed into a Full Operating Status (FOS), Reduced Operating Status (ROS), Repair Availability Status (RAV) at any time and offerors shall account for this risk in their pricing. Contract’s FOS, ROS or RAV firm fixed price Op- Hire rate shall not be increased or decreased to account for cost changes due to a change in a ship’s operating status.

C-1.1.3.b. Operating Tempo (OPTEMPO) MSC anticipates GUAM will average approximately 90% FOS and 10% RAV status throughout the contract period.

Currently this correlates to an annual 30-day RAV and a 5-day window of opportunity for planned repairs in the other eleven months.

Future OPTEMPO may vary for the ship(s). Underway periods consist of all time a ship is operating outside of a port, which includes but is not limited to: independent steaming, speed trials, and transits to and from selected ports for ship and cargo maintenance or for the loading or discharging of cargo in support of sponsor exercises. The government does not guarantee future OPTEMPO will be similar to past OPTEMPO. Operational commitments drive OPTEMPO of ships. Operational commitments during this contract’s period of performance may radically differ from past operational requirements.

C-1.1.3.1. General Operations The Contractor shall ensure the ship(s) and all ship(s) equipment, systems, and appurtenances are continuously maintained in good working order and repair regardless of the frequency or importance of use.

In case of emergency, nothing in this Contract shall be construed as preventing the Master from taking the most effective action to safeguard life, property and the ship. The Master shall have authority to abort operations temporarily on the basis of clear and present danger to life at sea. Upon abortion of any operation, the Master shall inform the OPCON with an information copy to COMSC and the cognizant MSC Area Commander. The Master shall provide a written report of the action taken, the rationale for the action, and recommendations to prevent a future recurrence of a similar event that requires a Master to abort an operation. The Master shall submit the written report as soon as possible but not later than five working days of the aborted event. Under normal operating conditions the Master shall not take any mission-aborting action without the prior approval of the OPCON.

C-1.1.3.1.1 Crew Maintenance Overtime In order to validate crew maintenance overtime the Contractor shall electronically submit a ship's force work list for each ship, for the upcoming month, no later than five business days prior to the end of the current month IAW Section 4.4.1, Monthly Budget Status Report. The Contractor shall submit the ship’s force work list to the COR and include the following minimum information within it:

• A prioritized list of repairs and other corrective maintenance actions that each ship intends to accomplish during the upcoming month (regularly scheduled Shipboard Automated Maintenance Management (SAMM) PM tasks are not to be included in this list). This list shall be generated using the open ship’s force (SF) and Voyage Repairs (VR) items in each ship's SAMM Repair Module.

• A cost estimate of additional maintenance overtime hours or additional crew (if any), by work item, required to perform each task with clearly stated justifications for incurring the additional costs.

• An estimate of any industrial assistance (IA) costs associated with completing any proposed corrective maintenance tasks with clearly stated justifications for incurring the additional costs.

If requested by the COR, for each task requiring overtime (OT) or additional ship's force, the Contractor shall include a cost comparison demonstrating that the estimated costs for additional OT or personnel is lower than the estimated costs associated with subcontracting IA to perform the identical work. All assumptions and calculations used in the cost comparison are to be clearly identified.

The Contractor shall not incur OT listed above without COR approval.

If additional OT, ship's force, or IA is requested for the upcoming month, the Contractor shall obtain COR approval and funding confirmation.

1.1.3.2 Full Operating Status (FOS)

For ships identified as FOS; the Government estimates the ships will spend the majority of the time fully manned in FOS status during the Contract performance period. Actual in port and underway percentages may vary. During FOS, Contractor shall conduct at sea operations 24 hours a day, 7 days a week. Contractor shall crew ships in FOS with crew in accordance with Section 1.4.1. Contractor FOS crews shall work eight (8) hours per day, seven (7) days a week (including national holidays). The Contractor shall maintain the FOS crew twenty-four (24) hours a day, seven (7) days a week. Watches

1.1.3.3 Reduced Operating Status (ROS)

For ships identified as ROS; the Government estimates the ships may spend a majority of the time in ROS status with reduced manning during the Contract performance period. This status includes time spent in shipyard availabilities in ROS/ RAV status. However, actual in port and underway percentages may radically vary from estimates. ROS OPTEMPO typically consists of 100% in port operations (pier side or on dry dock). The Contractor shall man ships in ROS with crew according to Section 1.7.1. The Contractor ROS crews shall work eight hours per day, five days a week and Contractor shall include these hours in the fixed price. The Contractor shall maintain a duty watch of two mariners at all times. One watch stander shall be assigned to engine watch and the other shall be assigned to deck watch. Either the engine watch stander or deck watch stander shall be a licensed officer. When a ship is directed to transition to FOS, an activation notice will be issued by MSCHQ.

1.1.3.4 Ships in ROS

The Contractor shall work within the approved budget to maintain the ships in a mission ready state and be able to transition to FOS within the applicable reactivation timeframe. If additional funding is necessary, the Contractor shall make a formal request to the Government and explain what additional funding is needed for and provide a justification for the need. When requesting additional funding, the Contractor shall not begin work for which the additional funds were requested prior to receiving approval from the government. The Contractor shall ensure ship(s) and all equipment, systems, and appurtenances are continuously maintained IAW the approved transition plan. The Contractor shall perform scheduled and unscheduled maintenance actions and repairs necessary to maintain mission readiness, safety, environmental protection, regulatory compliance, or the reactivation schedule.

The Contractor shall follow its proposed standardized transition plan to meet established milestones for transitioning to FOS. The Contractor shall perform maintenance and repair planning in a manner that provides shipboard readiness and seamless transitions. The Contractor shall use ship's force to accomplish all maintenance and repairs that are customarily accomplished by the ships’ crew within the industry.

1.1.3.5 Ship Activation – ROS to FOS

During the ROS to FOS transition period, the Contractor shall indoctrinate all newly assigned crewmembers concerning a ship’s operation and mission as described in Section C-1.1.1 – Scope of Work/Mission. All ROS crewmembers assigned to a ship upon its activation shall sail with the ship in FOS for a minimum of 30 days or for the duration of the activation, whichever is less. The Contractor shall ensure consumable stores and provisions on an activated ship are sufficient for the intended voyage. When directed by the Government, the Contractor shall arrange for bunkers. The Contractor shall prepare the ship for departing its lay berth and getting underway at the end of the ROS to FOS activation period. Then Contractor shall proceed as ordered. The Contractor shall not be paid the per diem FOS rate until the first non-ROS crew member has arrived onboard the ship and has been onboard the ship for at least one calendar day. The Contractor will notify the COR and Contracting Officer once the first non-ROS crew member has arrived onboard the ship. The Contractor will reduce the FOS per diem rate, when invoicing, based on the number of FOS crew that have not arrived onboard the ship.

1.1.3.6 Items for Transition from ROS to FOS

Contractor shall submit a transition plan that states the actions, in chronological order, the Contractor will take to prepare a ship for transition from ROS to FOS and provide an explanation of what each action entails. For ships in ROS at time of award, the transition plan shall be submitted to the COR within 30 days of award. Otherwise, transition plans shall be submitted to the COR within 30 days of notification of the intent to place a ship in ROS.

Transition plans shall include the Contractor’s internal administrative functions and detailed explanations of the actions needed to carry out the plan. The transition plan, shall include a checklist that Contractor shall submit daily though out the activation that indicates status of the following ship systems:

• Full crew aboard IAW terms of contract

• Review of physical security, bomb threat procedures completed by master

• Small arms and ammunition aboard

• Reviewed pertinent instructions of MSC Area Command under whose TACON ship will be

• Assignments made for FOS crew to fire bill and lifeboat stations

• Ensure crewmembers provided with ship familiarization briefing upon arrival

• Arrangements made for disconnecting shore water and electric power hoses/cables

• Watch schedules posted

• Line handlers, tugs and pilots arranged

• Provide crew list to COR, and identify ROS crew

• All navigational equipment, including radars, satellite navigation, RDF, fathometer, and speed log tested and operational

• Required charts and publications for mission onboard and updated

• All communications equipment tested and operational including bridge to bridge VHF

• Test all watertight doors

• Test all forklifts and mobile machinery

• Test all ramps and hoistable decks

• All cranes tested satisfactorily

• Cargo deck drains checked for proper operation (free of debris)

• Anchors walked clear of hawse and returned to stowed position

• Adequate fuel aboard or bunkering arrangements made for next port

• Anchor and navigation lights verified operable

• Ship’s whistles, bell, and gong tested (local regulation permitting)

• Test mooring winches

• All cargo lights operational

• Certified Lifejackets (required number onboard)

• Test rescue boats and davits

• Check gyro repeaters against master gyro

• Test general announcing system/loud hailers

• Ensure all ship’s clocks synchronized

• Communications guard shift, weather routing, and mail routing messages sent

• All hand-held radios and sound powered communications tested and operational

• Test general alarm

• Medical supplies onboard, distributed in first aid or medical lockers as required all expiration dates shall be validated

• Ensure all IA materials are removed from ship or stowed clear of cargo stowage areas

• Main engine(s) fully operational

• Waterjet propulsion and drive-train fully operational

• 95% capacity potable water aboard

• Ship’s service generators on line and fully operational

• Steering system, alarms, and rudder angle indicators tested satisfactorily from bridge and after steering

• Shipboard chemicals aboard duration of voyage and expiration dates validated

• Dehumidifier hoses removed from equipment as necessary

• Starting air, control air, and ship’s service air system functioning properly

• Blowers and heat sensors tested satisfactory

• CO sensor systems tested satisfactory

• Lube oil purifying system on line and fully operational

• Main engine throttles tested satisfactory at all stations

• Test bridge alarm system

• Test fire main system

• Validate all damage control equipment

• Bilges and equipment surfaces free of lube oil and fuel oil

• All required flange spray shields properly installed on oil systems

• Test main console alarm systems

• Galley/ hotel services equipment fully functional

1.1.3.7 Repair Availability (RAV)

For ships in a RAV status, Contractor crews shall work a minimum of seven days a week, ten hours per day, which shall be included in the Contractor’s firm fixed price. The Contractor shall man ships in RAV with crew according to Section C. The Contractor shall maintain a duty watch of two mariners at all times. One watch stander shall be assigned to engine watch and the other shall be assigned to deck watch. Either the engine watch stander or deck watch stander shall be a licensed officer. Contractor crews shall maintain and operate ship equipment in support of the RAV and IAW C-1. Contractor crews shall live onboard during of the entire RAV period unless prior authorization is obtained from the COR.

1.1.4 Weather Operations

1.1.4.1 Weather Information and Ship Routing

IAW COMSCINST 3121.9 (series), Standard Operating Manual (SOM the Master shall include in the MOVREP a request for the Naval Oceanography Centers to provide Optimum Track Ship Routing (OTSR) prior to a ship’s departure from port. Routes assigned by the OTSR via formal naval message program are in the form of recommendations to ship Masters. Ship’s routing information provided by the cognizant MSC Area Command or COMSC shall be considered the same as receiving OTSR by Navy Meteorological and Oceanography Command recommendations. All restrictions and/or delays due to weather shall be logged in the ship’s deck log and include OTSR message identifiers and/or other justifications.

1.1.4.2 Severe and Destructive Weather Plan

The Contractor shall maintain and implement Severe Weather Procedures IAW Operational Commanders’ guidelines and COMSCINST 3121.9 (series), Standard Operating Manual (SOM), for all ships. For ships in ROS, the Contracting Officer may authorize additional manning to support underway sorties scheduled to commence within 48 hours from receipt of the order. When a hurricane condition is set in the area of operations (AOR), and any ship is in port or underway within the storm-related area, the Contractor shall submit an initial hurricane status report for all ships within one hour of notification of the condition being set. In addition, the Contractor shall request OTSR IAW Section 1.1.4.1 above. The Masters shall request OTSR program routes during severe and destructive weather conditions. Ship’s routing information provided by the cognizant MSC Area Command or COMSC shall be considered the same as receiving formal notification via naval message including Optimum Track Ship Routing (OTSR).

1.1.5 Port Services

The Government will furnish port services. If the government does not furnish port services, then the cost of port services will be reimbursable with prior COR approval. Port services include but are not limited to, tugs, pilots, berthing, potable water, feed water, shore power, spill-booms, docking, trash and garbage removal, oily waste removal, sewage removal, hazardous materials removal, line handlers, shore services, and launch services. When directed by the Government, the Contractor shall use Government port and agent services. In all other cases, the Contractor shall obtain port and agent services through a commercial provider. The Contractor shall exercise due diligence to obtain the fairest and most reasonably priced port services. If commercial port or agent services appear excessive, the Contractor shall notify the Contracting Officer of the charges prior to the ship entering port. As a part of the budgeted amount for port services, the following are reimbursable: canal tolls, port/local dues and taxes (provided the Contractor exercises due diligence in asserting and seeking immunity on behalf of the Government from the dues and taxes pursuant to contract section 1.1.8), entering/leaving port fees, customs broker fees, ballasting or shifting berths pursuant to Government orders and any other similar port charges for ports visited at the Government's direction. The Contractor shall submit separate invoices for each port call, unless pre-approved by the COR, along with the supporting documentation. Port services associated with supporting Sponsor mission operations (which includes but is not limited to supporting all Sponsor requested work) are reimbursable when preapproved by the COR. However, the Government will not reimburse the Contractor for expenses incurred by the Contractor for services rendered for the convenience of: a ship, the Contractor, Contractor’s crew, or in connection with the Contractor's business (such as underwriter fees).

1.1.6 Diplomatic Clearances

The Government will obtain diplomatic clearances, operational area clearances, and explosive event waivers when required. The Government will also secure port visit clearances.

1.1.7 Husbanding Agent Appointments

The customary fee paid to port husbanding agents in conjunction with the port visits of the ships are reimbursable, which includes fees of agents appointed for canal transits and at bunkering ports. For the reimbursable elements of this contract, the Government may disapprove proposed agents and require the Contractor discontinue using an agent at the Government’s sole discretion. Additionally, the Government shall have the option of directing the Contractor to use a specific commercial or Government agent in any port for reimbursable elements of this contract.

1.1.8 Ship’s Operations

1.1.8.1 Government Ships in Foreign Ports

The Contractor shall comply with the following requirements while docked, anchored or transiting foreign waters Outside Continental United States (OCONUS):

1.1.8.1.1 Sovereign Immunity

While performing ship operations, each ship Master shall advise foreign authorities and husbanding agents that their vessel is a sovereign immune vessel of the United States. Masters shall also inform foreign authorities that their ship’s sovereign immunity protections includes immunity from arrest, immunity from ship searches (whether in foreign internal or territorial waters, or in international waters), immunity from foreign taxation, exemption from any foreign state regulation requiring flying the flag of such foreign state either in its ports or while passing through its territorial sea, and entitlement to exercise exclusive control over persons on board such vessels with respect to acts performed on board. The Contractor shall comply with all guidelines found in NAVADMIN 158/16, Sovereign Immunity Policy, ALMSC 020/06, Sovereign Immunity Guidance for MSC Masters, and ALMSC 026/09, Supplemental Sovereign Immunity Guidance. The Contractor shall contact the Area Command for the area of operations (AO) should any foreign authority or husbanding agent request information (submission of documents or completion of forms) contrary to the US Navy and MSC sovereign immunity policies.

1.1.8.1.2 Foreign Law Enforcement

Masters shall refuse requests from foreign authorities for documents, physical evidence, interviews of personnel, statements, any request to board, examine, inspect, or search a ship, and any request for the physical delivery of persons on a ship to foreign authorities. The requirements in this paragraph are in addition to the requirements in

FAR 52.229-6-Foreign Fixed-Price Contracts, and any other applicable FAR clauses incorporated into this contract.

1.1.8.1.3 Foreign Port Visits

The Master may provide a Shore Party List of individuals who will go ashore to the host nation if such a list is requested by a foreign government authority. The Shore Party List may contain only the names and passport numbers of those personnel. The Contractor or its employed Master shall not provide any other information.

Masters shall comply with applicable U.S. and host nation agreements, such as Status of Forces Agreements, that specify particular procedures for port visits in that country.

1.1.9 Casualty, Incident, Injury and Weekly Status Reporting

The Contractor shall ensure all casualties, incidents, deaths, and injuries are reported IAW Navy Regulations via naval message IAW COMSCINST 3121.9 (series), Standard Operating Manual (SOM), and format of NWP 1-03.1 (series), and notify the COR; as provided in subparagraphs below.

1.1.9.a. Casualty Report (CASREP) The Contractor shall report all mechanical, structural, electrical or equipment casualties in the Navy standard format of a CASREP IAW NWP 1-03.1 (series). The Contractor’s Navy message format reports shall consist of the initial CASREP and shall be followed by updates and a casualty correction (CASCOR) of the casualty. If a casualty is mission degrading (category C-3 or C-4), the Contractor shall report it within 12 hours of occurrence. If a casualty is not mission degrading and cannot be corrected within 48 hours, then Contractor shall report it no later than 24 hours after the occurrence. Additionally, CASREP reports shall be included in a Defense Readiness Report System for Navy vessels (DRRS-N) IAW COMSCINST 3121.9 (series) Standard Operating Manual (SOM) and NTRP 1-

03.5 (series).

1.1.9.1 Special Incident Reporting

The Contractor shall inform the USCG of “special incidents” as defined in 46 CFR 4.05 and IAW all applicable USCG regulations. Additionally, the Contractor shall report all special incidents that result in damage to gear or cargo, injury to person(s), and loss of life IAW COMSCINST 3121.9 (series), Standard Operating Manual (SOM).

Special incidents that require a report IAW COMSCINST 3121.9 include, but are not limited to: collision, stranding, grounding, foundering, heavy weather damage, fire, explosion, failure of gear and equipment, and any other damage affecting the seaworthiness of ships.

1.1.9.2 Marine Casualty Investigations

The Contractor shall report all marine casualties IAW 46 CFR 97, all other applicable federal regulations, and the most current MSC/USCG Memorandum of Agreement. If the Coast Guard investigates a casualty then the Contractor shall provide the Contracting Officer, COR, and ABS with the USCG Casualty Investigation Report and all correspondence regarding the marine casualty investigation no later than two business days from receipt of the investigation report.

1.1.9.3 Weekly Ship Status Report

The Contractor shall submit a weekly email summary to the Program Manager using the Weekly Ship Status Report template that will be provided after award.

1.1.10 Emergency Sorties

The Contractor shall emergency sortie when directed by an Operational Commander. If compliance will result in expenses that will exceed available funding obligated to the contract, then the Contractor shall obtain preapproval IAW Section G-7, prior to incurring the expense.

1.1.11 Reserved

1.1.12 Design Speed Trials

The Contractor shall conduct periodic speed trials to demonstrate ships are able to obtain design speed. Speed trials are to be conducted for vessels in FOS (1) Every six months; (2) First opportunity following hull cleaning or propeller polishing; and (3) When directed by the Contracting Officer or COR. Speed trials for vessels in ROS, will be directed by the Contracting Officer or the COR and will not exceed two per year. The Contractor shall submit to the Contracting Officer and COR a completed report upon completion of all speed trials. Report format can be obtained from the COR.

1.1.13 Salvage/Rescue Assistance

The Contractor shall immediately notify COMSC, the local MSC Area Commander and COR when a ship suffers a casualty, or becomes disabled at sea. The Contractor shall also comply with COMSCINST 5420.2 (series).

1.1.13.1 Rescue Assistance Report

In the event of a rescue assistance situation, the Contractor shall submit a salvage or rescue/assistance request IAW the provisions of NWP 1-03.1 (series). The Contractor shall submit this report in conjunction with any CASREP and reports of required emergency repairs. At a minimum, the Contractor shall include the following in the report:

• Ship Location

• Weather Conditions

• Description of casualty, including cause and action being taken by the crew to control damage

• Type of assistance required

• As applicable, this report shall also include:

o Draft forward and aft prior to casualty o Draft forward and aft after casualty o Amount of potable water, ballast, and bunkers on ship by tanks, and ruptured, distorted, or otherwise disrupted strength members o Type of bottom, if aground o Range of tide and time of next tide, if aground

1.1.14 Diver support

The Contractor shall request, and receive the approval of the COR prior to utilizing diver services.

1.1.15 Cargo Operations

1.1.15.1 Cranes, Stern Ramps and Side Port Platforms

The Contractor shall operate the installed cranes, ramps and platforms IAW manufacturer’s instructions and ensure safe operating conditions and peak efficiency. Cargo cranes shall be operated IAW ABS Cargo Registry requirements.

1.1.15.2 Government Stevedore Damage

Damage by Government-provided stevedore Contractors to ships or ships’ equipment during load or discharge operations shall be repaired at the Government’s expense. The Contractor shall report this damage on MSC Form 5880/1 to the local MSC Representative on scene, Contracting Officer, COR, and shall also provide additional investigative assistance when directed by the Contracting Officer. Upon approval, the Contractor shall take necessary action to correct the stevedore damage which will be reimbursable.

1.1.16 Explosives Handling

The Contractor shall stow and handle explosives and ammunition, including pyrotechnics, IAW USCG regulation, 49 CFR parts 171 through 176, all other applicable federal regulations, and applicable Navy requirements including the requirements in OPNAVINST 8023.2C (series), U.S. Navy Explosives Safety Policies, Requirements, and Procedures, OP 1810, Ordnance Equipment Handling and Shipping Instruction, OP 3347, U.S. Navy Ordnance Safety Precautions, and NAVSEA OP 3221, Loading and Stowage of Military Ammunition and Explosives Aboard Break Bulk Merchant Ships.

1.1.17 Post and Maintain Sailing Board

The Contractor shall post and maintain a Sailing Board IAW its prevailing labor agreements. The exact sailing time shall be coordinated with the Operational Commander.

1.1.18 Set Sea Detail

The Contractor shall comply with applicable Navy requirements and procedures for entering U.S. and foreign ports, which includes requirements in COMSCINST 3121.9 (series), Standard Operating Manual (SOM). During anchoring operations, sailing, and arrival operations, the Contractor shall set and man a sea detail. At a minimum, the detail shall consist of one licensed deck officer, one unlicensed deck department crewmember assigned to the anchor detail, one unlicensed crewmember from the deck department who shall be assigned to the steering gear room, and one unlicensed crewmember from the engine department who shall be assigned to the steering gear room.

1.1.18.1 Vessel Specific Information

Due to unique vessel construction, Contractor shall provide SMS Procedures outlining mitigations to the inability to man steering gear rooms.

1.1.19 Maneuvering

The Contractor shall require the ship Master’s presence on the bridge when docking or undocking a ship, when entering or leaving port, when maneuvering in close waters or near other ships, or at any other time when conditions warrant his/her presence on the bridge.

1.1.20 Ship Crew List

The Contractor shall maintain a current crew list for each ship. This list shall include the mariner's name, position, license held, and security clearance level. The Contractor shall submit a crew list to the COR prior to a ship leaving port.

1.1.21 Reserved

1.1.22 Provisions of Assessments and Studies

Upon government demand, the Contractor shall provide specialized technical or IA to perform studies and/or assessments of prepositioning matters that include, but are not limited: to feasibility of calling potential ports, capability of vessel(s) performing certain types of cargo operations, root cause analyses, failure analysis, and the ability of the vessel(s) to perform unique missions. Any direct costs beyond those otherwise in the fixed rate shall require prior approval of the Contracting Officer.

1.2 Shipboard Operations

1.2.1 Regulatory Body Requirements

1.2.1.1 USCG Notification

The Contractor shall notify the local USCG Officer in Charge of Marine Inspection (OCMI) immediately of any scheduled, non-scheduled, or emergency dry-dockings and shall make all arrangements for an inspector and/or investigator to attend a ship undergoing any emergency dry-docking.

1.2.1.2 USCG Inspection Expenses

When a USCG inspector is required to visit a ship in an area where there is no local OCMI, the Contractor shall coordinate travel arrangements for the inspector. The USCG inspectors’ transportation, lodging, meals and incidental expenses are reimbursable IAW G-7.

1.2.1.3 USCG Inspection Deficiencies

The Contractor shall correct any CG-835's, Notice of Merchant Marine Inspection Requirements or Deficiencies, issued by USCG for ships operated under this contract.

1.2.1.4 Reporting Requirements for USCG Issues

The Contractor shall provide all reports and correspondence related to USCG inspections and investigations to the Contracting Officer, COR, MSC Engineering Typedesk, and Program Manager. The Contractor shall provide the report and correspondence in electronic format no later than two calendar days after the Contractor receives it.

1.2.1.5 Report of Regulatory Deficiency

The Contractor shall report all regulatory deficiencies contained in a CG-835/USCG letter/ USCG work list. The report shall be made to the COR, MSC Engineering Typedesk and the Program Manager (PM) no later than 24 hours after its issuance. The report shall be submitted via e-mail in electronic format. The Contractor shall include the following with the report: a copy of the CG-835/letter/work list, a description of the deficiencies, and the corrective action taken or planned by the Contractor to remedy the deficiencies.

Contractor shall track and make daily deficiency reports to report the status of corrective actions. If Contractor determines a CG-835 will not be completed by the due date, the Contractor shall immediately notify the Contracting Officer, COR, and Program Manager in writing. Written notification shall provide details of the facts and circumstances that prevent the completion by the due date, provide a plan of action for correcting the event detailed in the CG-835, and provide a correction completion date. The Contractor shall incorporate status reports for outstanding regulatory body deficiencies into weekly operations summary reports.

1.2.1.6 Certificates of Inspection (COI)

The Contractor shall maintain each ship’s COI IAW USCG required inspection periodicity. The Contractor shall have the COI endorsed annually by the anniversary date listed on the COI. The Contractor shall submit to the Contracting Officer, COR, MSC Engineering Typedesk, and Program Manager, copies of all certificates of Inspection no later than two calendar days after completion of each inspection.

1.2.1.7 Additional Inspection Requirements

The Contractor shall arrange for and manage USCG inspector/ABS surveyor attendance to obtain all necessary certifications, approvals, and waivers in order to maintain USCG and ABS classification. This includes, but is not limited to: operational tests and inspections, alterations to equipment, and inclining experiments.

1.2.1.8 Approval for Regulatory Extension Requests

The Contractor shall not seek a deadline extension for satisfying regulatory requirements without receiving prior authorization to make a request from the Contracting Officer, or COR.

1.2.1.9 ABS Surveyor Travel

When an ABS surveyor is required to visit a ship in an area where there is no local ABS office, the Contractor shall coordinate travel arrangements. The government will reimburse Contractor for ABS surveyor’s travel expenses IAW Section G.

1.2.1.10 Reporting Requirements

The Contractor shall provide electronic copies, in Adobe Acrobat PDF format, of all survey reports and certificates, via email to the Contracting Officer, COR, MSC Engineering Typedesk, and Program Manager no later than two days after completion of the availability or in port turnaround period during which each survey was accomplished.

The purchase price of ABS reports are reimbursable when the COR preapproves the expense.

1.2.2 Unmanned Engine Room Operations

The Contractor shall maintain full USCG approval for unmanned engine room operation for the ships covered by this contract that are certified at the time of award of this contract. The Contractor shall operate the engine room in an unmanned mode to the greatest extent possible when in port or at anchorage. All overtime for duty watch responsibilities will be incorporated into the Contractor's fixed rate using the OPTEMPO estimated in this statement of work as the basis for calculation. The Contractor shall obtain authorization or direction from the COR if any ship that is not certified at the time of award of this contract requires the certification for unmanned engine room operations. ROS ships shall be operated in a manned condition during sea trials or speed trials.

1.2.3 Maintain Charts and Publications

IAW COMSCINST 3145.1 (series), Nautical Charts and Publication Allowance, MSC assigned Allowance List charts, and nautical publications shall be maintained onboard by the Contractor and updated IAW applicable USCG regulations.

1.2.3.1 Electronic Charts

The Contractor shall maintain electronic charts for each ship’s region of operation unless the COR directs otherwise.

1.2.4 Maintain Ship(s) Material Readiness

The Contractor shall maintain all ships’ readiness for all operational requirements within the ships’ required operational capability/projected operational environment (ROC-POE). The government will notify Contractor of each ship’s operational capability and projected operational environment (ROC-POE) upon award.

1.2.4.1 In Port Readiness (FOS)

The Contractor shall maintain each ship's capability to get underway within 24 hours of receipt of sailing orders and shall have full crew while in FOS. The Contractor shall have all main, auxiliary, and emergency systems ready for sustained operation at sea at the outset of each voyage. When anticipated maintenance and repair work precludes, or has the potential to preclude, a ship from getting underway within any 24-hour period while in FOS then the Contractor shall notify the COR and Operational Commander pursuant to applicable Operational Commander guidance. However, the Contractor does not need to give notice if a ship is in a scheduled voyage repair period while in FOS.

1.2.4.2 In Port Readiness (ROS)

The Contractor shall maintain each ship's capability to get underway within the vessel’s ROS status. The Contractor shall have all main, auxiliary, and emergency systems ready for sustained operation at sea at the outset of each voyage. When anticipated maintenance and repair work will preclude, or has the potential to preclude, a ship from getting underway while in ROS then Contractor shall notify the COR and Operational Commander IAW applicable Operational Commander guidance. However, the Contractor does not need to give notice if a ship is in a scheduled voyage repair period while in ROS.

1.2.5 In Port Maintenance

In cases where anticipated maintenance, repair, or regulatory body activities will prevent a ship from getting underway and performing the assigned mission within the time allowed for vessel’s status (i.e., FOS or ROS), the Contractor shall notify the Operational Commander, MSC Area Commander, and COR. This notice shall set forth the specific nature of the work to be accomplished, the estimated time required to accomplish the described work, and any viable alternatives that would enable the ship to maintain the original operating schedule.