20R3004- Conformed through AMD 0004.pdf

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until 01:00 PM local t ime 19 May 2020

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191 - 204 X H 205 kurt.oberg@navy .mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

DO-A3 1 212

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N32205 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

KURT J OBERG 757-443-2845

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 7 8 - 13

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

14 - 123

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

125 - 126

127 - 129 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 130 - 138 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 139 - 147 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

148 - 167

PART II - CO NTRACT CLAUSES

MILITARY SEALIFT COMMAND NORFOLK

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

NORFOLK VA 23511

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

27 Mar 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N3220520R3004

Section SF 30 - BLOCK 14 CONTINUATION PAGE

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 ***

SOLICITATION AMENDMENT 0003

The purpose of this Amendment is to:

5. Amend Note #1 under Table 3.7.2.a.

6. Add Note #2 under Table 3.7.2.a.

7. Add Note #3 under Table 3.7.2.a.

8. Changes above are shown in red lettering.

9. Respond to solicitation questions:

Question 25: Section 3.7.2.a calls for entirely dedicated personnel. This is not in the government’s best interest when the single vessel contract does not require a full-time employee in that position. Combined roles leave fewer Contractor personnel familiar with the vessel and operations. In an emergency, it is in the government’s interest to have as many Contractor personnel involved with the vessel as possible. That way, when the needs of the vessel peak, more resources are brought to bear. Peak times such as the ramp up to missions, repair periods, and vessel casualties are more critical times in comparison to normal state operations. Apart from the Port Engineer being allocated 100%, respectfully request the government allow for flexibility in all other positions to decrease percentage dedication as an alternative or supplement to combining roles.

ANSWER: As shown in the table at solicitation Section C-3.7.2.a, some positions require one person who is 100% dedicated to the USNS GUAM contract. Those positions are the Program Manager, the Engineering Manager, the Contract Administrator, the Property Control Manager and the Port Engineer. For the sake of further clarification, for each of those positions there shall be one person, who is 100% dedicated to the USNS GUAM contract. However, for the positions of Life Cycle Manager, Port Captain, Crewing and Training Manager, Purchasing Manager, Purchasing Agent, and Travel Manager, there is no requirement to have a separate person 100% dedicated to each of those tasks. Instead, an offeror may elect to combine these six positions into one or more positions.

However, the person or people holding these positions must still be 100% dedicated to the USNS GUAM contract. If an offeror proposes to combine positions in order to decrease the number of shore size staff, while permitted by the solicitation, this will be taken into consideration in the technical approach trade off section as it relates to the issue of how the organizational structure will function as an entity to meet contract requirements in the areas of Program Management, Engineering, Ship Operations, Property Management and Budget Management on ocean routes and at a variety of ports and piers. The solicitation, as written, does not allow a decrease in dedication percentage for each of these positions. So, for example, while an offeror could elect to select one individual to serve as both life cycle manager and port captain, that that person could not be less than 100% dedicated to the USNS GUAM contract. This will be reflected in Note #1 under Table 3.7.2.a.

Question 26: Reference conformed RFP through AMD 0002 page 140, Section H-5 (i) and conformed RFP through AMD 0002 page 192, Section L-7 (A) 12(b). There are some inconsistencies regarding contractor’s liability for damage to government cargo. The provision from Section H-5(i) suggests that the contractor may be liable for damage to government cargo (and should purchase insurance for this) while the letter required from Insurance Provider from Section L-7(A)12(b) suggests that contractor’s P&I policy may exclude cover for damage to government cargo. Can it be clarified which is correct?

ANSWER: There is no contractual requirement to purchase cargo insurance. Solicitation H-5(i) does state that the contractor could be responsible for the loss or damage of cargo. Importantly, however, it states that any claim against the contractor would be subject to the defenses and provisions that would apply if the government was filing a claim as a cargo owner/shipper against a carrier of cargo under a contract of carriage incorporating the provisions and defenses of the U.S. Carriage of Goods by Sea Act (COGSA). In other words, the contractor’s liability for loss or damage to cargo is limited by COGSA. Solicitation Section L-7(A)12(b) provides a template for a cover letter from the P&I insurer that must be submitted as part of the offeror’s proposal. There is no line for cargo insurance, because there is no requirement to purchase cargo insurance.

Question 13: Due to the response provided in question 25, the response to question 13, which was provided in Solicitation Amendment 0001, is also revised.

Question 13: Reference RFP page 91-92, 3.7.2.a, Travel Manager. Can these services be subcontracted out?

REVISED ANSWER: The Travel Manager duties must be performed by a person that is 100% dedicated to this contract. However, there is no requirement to have a separate person 100% dedicated as Travel Manager and an offeror may elect to combine the Travel Manager position with the following positions: cycle manager, port captain, crewing and training manager, purchasing manager, and purchasing agent. Travel services, such as the use of a travel agent, may be subcontracted. This will be added to the solicitation as Note #2 under Table 3.7.2.a.

SOLICITATION AMENDMENT 0002

10. Extend the closing date of the solicitation to 12 May 2020, 1PM local Norfolk, VA time.

11. Amend table C-3.7.2.a.

a. Remove Purchasing Manager as a key billet.

b. Move superscript for Purchasing Agent from the Shore Side Personnel column to the Quantity column.

12. Amend Section C-3.8.2, second to last bullet.

13. Changes to Section C above are shown in red.

14. Respond to solicitation questions:

Question 14: Section 3.7.2.a, Contract Specific Shore Side Personnel includes a Purchasing Manager as a key position, however, no qualifications for this position are provided in section 3.8. Please provide qualification for the Purchasing Manager key billet position.

ANSWER: The Purchasing Manager is no longer a key shoreside position.

Question 15: Request a minimum two-week extension for bid submissions to allow adequate time to receive, evaluate, and negotiate Union labor proposals.

ANSWER: The solicitation response date is extended until 12 May 2020, 1PM local Norfolk, VA time.

Question 16: Section 3.8.7 includes qualifications for an Assistant Property Control Manager, which is not included in the personnel chart from section 3.7.2.a. Please advise if this position was listed as an error. If it is to be included, please advise if it is also a KBA.

ANSWER: The qualifications are generic for MSC O&M contracts. An Assistant Property Control Manager is not required for this procurement.

Question 17: Section 3.9 Training for Shore Side Personnel chart includes an Assistant Port Engineer. Does the government intend for this position to be included as it is not listed in the personnel chart from Section 3.7.2.a?

ANSWER: The training chart is generic for MSC O&M Contracts. The government does not intend to include an Assistant Port Engineer in this procurement.

Question 18: Section 3.8.2. Qualifications for Program Manager, respectfully request the government consider adding “or civilian” to the last bullet. For instance, a high level MSC civilian would clearly be highly qualified to be the Program Manager but would not qualify under the current criteria stated in the RFP.

ANSWER: Section 3.8.2 second to last bullet is amended to include a maritime governmental agency.

Question 19: Reference Section C-1.3.2.1 Temporary Embarked Personnel. $11-$13/ day is not enough to feed temporary embarked personnel food that is of similar quality level to mariners onboard. Please increase the level or allow for a simplified menu.

ANSWER: The daily reimbursable rate for meals remains as stated in Section C-1.3.2.1.

Question 20: Is MSC aware of any claims or potential claims related to industrial assistance regarding USNS

Guam? If so, please detail.

ANSWER: This question is not directly related to the RFP requirements.

Question 21: Are there any other known or potential claims that could carry-over to the new subcontractor? If so, please detail.

ANSWER: This question is not directly related to the RFP requirements.

Question 22: Sections 1.3.2 and 1.3.2.a. of the RFP are contradictory with regard to permanently embarked personnel (PEP). Please clarify if PEP food costs will be reimbursed or should be include as part of our fixed expense.

ANSWER: Meals and hotel services for crewmembers and PEP are included in the fixed rate. Meals and hotel services for non-crewmembers or government-embarked personnel are reimbursable.

Question 23: Sections 1.3.2 and 1.3.2.a. of the RFP are contradictory with regard to permanently embarked personnel (PEP). If PEP food costs must be included as part of our fixed price, how many PEP personnel should we assume when including them in our fixed price?

ANSWER: Currently, the number of PEP is zero.

Question 24: Refer to Section C- 3.11- Orientation Visits, and Meetings. Is the expectation for all shore side personnel to attend six meetings per year and if not, what quantity is expected?

ANSWER: In accordance with C-3.11, only key shoreside personnel are expected to attend meetings.

SOLICITATION AMENDMENT 0001

15. Add Attachment R- Reserved, Section J.

16. Amend Section L-6(2).

17. Amend L-7(B)(I)(C) reference.

18. Amend the following clauses:

a. DFARS 252.237-7023 (2)(b) amended to Attachment P

b. DFARS 252.237-7024 (b) amended to Attachment P

5. Changes above are shown in red lettering.

6. Respond to solicitation questions:

Question 1: There appears to be no attachment lettered “R.” Can you please provide the missing attachment or mark as reserved?

ANSWER: Attachment R (Reserved) is added to Section J.

Question 2: The RFP instructions state, “All proposal pages and paragraphs shall be numbered.” Can you please provide an example of how paragraphs shall be numbered?

ANSWER: Offerors can use their own numbering scheme that follows logical sequencing.

Question 3: L-7(B), which states in part, “A table of contents with page numbers corresponding to the proposal’s outline format shall be provided after the title page.” Is the Table of Contents included in the page count?

ANSWER: The Table of Contents is not included in the page count.

Question 4: L-7(B)(I)(C), which states “Offerors shall submit a Draft Training Plan that addresses the requirements of Solicitation Section C-1.8.4 and Section C-1.8.4a.” Section C-1.8.4a does not appear in the solicitation. Please verify the PWS reference should be 1.8.4.1.

ANSWER: The reference to C-1.8.4.a is incorrect and the reference should be C-1.8.4.1.

Question 5: Training Plans with nearly identical requirements are referenced in Volume II, Section I and Section

II under L-7(II)(A)(3), M-1(E)(1)(c) and in Section I, Subsection C, Training Plan. Can it be clarified the correct placement of the training plan within the proposal response?

ANSWER: Training Plan is part of the minimum technical proposal [(L-7(I)(C)] and part of the technical trade-off proposal [L-7(II)(A)(3)]. Both of these shall be submitted in Volume II.

Section M refers to how the proposal will be evaluated and Section M is not a submittal requirement.

Question 6: Is it is the Government’s intention received a submission of three volumes: Volume I Solicitation

Package, Volume II Technical Proposal, and Volume III Past Performance?

ANSWER: In accordance with Section L-6(2), each proposal shall be submitted in three separate volumes:

Volume I (Solicitation Package), Volume II (Technical Proposal), and Volume III (Past Performance).

Question 7: RFP page 197, L-7(II)(B) (4-5), which references 12-motnh synopsis of all SMS major non-conformities. Is it is the Government’s intention to receive a submission of (4 & 5) within Attachment I or as a separate document?

ANSWER: Submission of L-7(II)(B)(4) and L-7(II)(B)(5) shall be submitted as a separate document, not utilizing Attachment I.

Question 8: Referencing RFP page 186, L-4. Is it 10 business days or calendar days for the deadline to submit questions?

ANSWER: 10 calendar days. The last day to submit questions currently is 18 April 2020.

Question 9: L-7(B)(I)(A)(3), which states in part, “Resumes and signed Letters of Intent for all proposed Key

Shore Side Personnel listed in Section C…” L-7(II)(A)(1), which states in part, “The Offeror shall provide Resumes for all proposed Key Shore Side personnel and for additional personnel the offeror designates as “Key.” Can it be clarified where within the proposal response the resumes shall be placed?

ANSWER: Resumes and signed letters of intent shall be submitted as part of the Technical Proposal, Volume II.

The requirement to submit resumes at L-7 (I)(A)(3) is to satisfy the minimum technical requirement.

The requirement to submit resumes at L-7(II)(A)(1) is for the technical Approach Trade-off Factor, in which an offeror may receive additional credit for key personnel exceeding the minimum technical requirements.

Question 10: Attachment J which is incorrectly referenced in 252.237-7023 CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010) and 252.237-7024 NOTICE OF CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010). Please correct the reference to Attachment P, Mission Essential Contractor Services Plan Worksheet.

ANSWER: References in DRAFS 252.237-7023 and 252.237-7024 will be amended to reference Attachment P.

Question 11: Are resume pages counted?

ANSWER: Resumes and letters of intent are not counted and do not count toward the technical proposal page count limit.

Question 12: Where within the proposal response shall 252.225-7003 Report of Intended Performance Outside the

United States and Canada--Submission with Offer OCT 2015 (DD Form 2139) be submitted?

ANSWER: The response to DFARS 252.225-7003 shall be submitted in Volume I in accordance with L-7(A)(5).

Question 13: Reference RFP page 91-92, 3.7.2.a, Travel Manager. Can these services be subcontracted out?

ANSWER: The services of a Travel Manager may be subcontracted.

Section B - Supplies or Services and Prices

SECTION B

B-1.0 General. The fixed price per diem rates described in this section for services provided under this contract shall be payable at the applicable, fully burdened per diem rates stipulated in the Section B rate schedule.

Said payments shall be considered payment in full for all services, equipment, supplies, operation and maintenance of Government equipment, and all contractor personnel under this contract, including all penalty time, bonuses, payments, and emoluments payable to contractor personnel for services under this contract, irrespective of the geographic scope of said services, vehicular cargoes, bulk cargoes, general cargoes and the carriage of hazardous cargoes. For explosives bonus (ammo bonus), see Section B below. Said payments do not include those items specifically identified as reimbursable under this contract, which will be reimbursed in accordance with (IAW) Section G below. The periods of this contract are not tied to any specific fiscal year and may not align with the fiscal year. No adjustments will be made to the per diem rates for startup costs or Collective Bargaining Agreement (CBA) wages.

B-1.1 Per Diem Rate for Operation and Maintenance. Per diem rates shall cover the cost of daily operation, maintenance, equipment, personnel, and services required to operate and maintain the ships and ship’s equipment, unless the expense is specifically listed in the contract as being reimbursable.

B-1.2 Familiarization. The Contractor’s fixed price per diem shall include all costs associated with the ship familiarization period (IAW Section C) for the specified timeframes prior to ship delivery. Familiarization costs include, but are not limited to: crew wages & fringes, travel cost, travel wages, lodging, subsistence, training, insurance, administrative cost and any other costs associated with start-up costs not otherwise included in the offeror’s per diem rate.

B-1.3 Reimbursable Items. See Section G.

B-1.4 Estimates. All quantities within this contract and its attachments are estimates, unless this contract expressly states a specific quantity is a “guarantee.” If a stated quantity does not state it’s a “guarantee” then it shall not serve as the basis for additional compensation under the contract.

B-1.5 Holidays. Holidays referenced in this contract are those days listed in 5 USC 6103(a). Holidays.

B-1.6 Continuing Rate. See Section F-1(b) regarding voyage in progress on the date of contract expiration.

B-1.7 Full Operating Status (FOS) Per Diem. The FOS per diem rates shall include an on board turnover period as required in Section C when replacing shipboard key billets listed in Section C. The FOS per diem rates shall include the full wages and fringe benefits for each crewmember IAW Section C. In addition, any overtime incurred for the purpose of maintaining required “watches” IAW Section C shall be part of the per diem rate. This includes the routine gangway watch, also referred to as the gangway security watch, which includes roving patrol duties. The FOS per diem payment shall be considered payment in full for all FOS services, equipment, supplies, operation and maintenance of the ship and Government equipment, and all contractor personnel under this contract, including but not limited to all penalty time, bonuses, payments and emoluments payable to contractor personnel for services under this contract.

B-1.8 Reduced Operating Status (ROS) Per Diem. The firm-fixed-price ROS per diem rates provided under this contract shall be payable at the applicable, fully burdened per diem rates stipulated in the Section B rate schedule. The ROS per diem rates shall include an on board turnover period as required in Section C when replacing shipboard key billets. The ROS per diem rates shall include the full wages and fringe benefits for each crewmember IAW Section C. The ROS per diem rates shall also include the full wages and fringe benefits to fulfill security/watch requirements listed in Section C while the vessel is in a non-FOS status.

Gangway security-watch overtime, when required, will be reimbursable when the COR preapproves the expenses; therefore, it should not be included in the firm-fixed-price per diem. The ROS per diem payment shall be considered payment in full for all ROS services, equipment, supplies, operation and maintenance of the ship and Government equipment, and all contractor personnel under this contract, including but not limited to all penalty time, bonuses, payments and emoluments payable to contractor personnel for services under this contract.

B-1.9 Adjustments to ROS Crew Size. The Government reserves the right to make minor crew adjustments during periods of ROS (e.g. reduction of steward crew when ROS ships are nested and multiple ships crews are fed on one ship, the addition of an Electronics Officer, or the addition of crew for enhanced security). During times in which the ROS crew is modified, the per-diem rate will be increased or decreased by the total amount of the crew member’s Total Wages/Fringes/Payroll Taxes as depicted in Attachment O, Pricing Forms. If the requested crew billet is not listed on Pricing Forms, the Contractor shall provide a union-approved rate for that billet, adjusted only by the addition of contractor-provided fringe benefits and payroll taxes. The Government will not consider or pay adjustments to the per diem rate for Contractor overhead, general and administrative cost, material handling costs, profit, fees, or any other cost with the exception of reasonable direct expenses for:

• Subsistence for the crew member(s) remaining onboard with the prior written approval of the

Contracting Officer;

• Transportation costs of crew members leaving or returning to the ship because of a Government directed ROS crew size adjustment; and

• Any extraordinary expense incurred with the Contracting Officer’s prior approval. The Contractor shall exercise prudent judgment to minimize all such direct costs and shall request the Contracting Officer’s prior approval of any action affecting such costs, including crew members remaining onboard, whenever practicable.

B-1.10 Alternate ROS. The Government has the right to designate an alternate ROS based upon an activation timeline of more or less than five days (e.g., ROS-4, ROS-30). During Alternate ROS, the per-diem rate will be increased or decreased by the total amount of the crew member’s Total Wages/Fringes/Payroll Taxes as depicted in Attachment O, Pricing Forms. Other direct costs will be negotiated using the costs identified by the Contractor on Form A as the basis for negotiation.

B-1.11 Repair Availability (RAV) Per Diem. The RAV per diem rates shall include full wages and fringe benefits for each crewmember IAW Section C. The RAV per diem rates shall also include the full wages and fringe benefits to fulfill security/watch requirements listed in Section C. The crew shall reside onboard the vessel for the duration of the shipyard availability unless the Contracting Officer approves shoreside accommodations due to special circumstances. Per diem payment shall be considered payment in full for all RAV services, equipment, supplies, operation and maintenance of the ship and Government equipment, and all contractor personnel under this contract, including but not limited to all penalty time, bonuses, payments and emoluments payable to contractor personnel for services under this contract.

B-1.12 Transition Costs. When transitioning a ship from ROS to FOS, FOS to ROS, FOS to RAV or RAV, ROS to Alternate ROS, Alternate ROS to ROS, Alternate ROS to FOS, or RAV to FOS to meet the requirements in Section C, expenses incurred to make the transition are reimbursable.

B-1.13 Dock Trials. See Section C for dock trial requirements. The Government anticipates dock trials shall be conducted at a minimum of once per quarter for any vessel in ROS status. Additional expenses incurred above the designated status per diem rate will be reimbursable when the COR preapproves the expenses.

B-1.14 Ship Turnover. See Contract Clause 52.237-3 (Continuity of Services) and Section C. All reimbursable costs under Contract Clause 52.237-3 shall be reimbursed by the government at the ship’s per diem status in effect during the turnover process.

B-1.15 Contractor’s Expense. All overtime, penalty time, bonuses, and other emoluments, payable for whatever reason, shall be at Contractor’s expense except those expressly authorized by the contract or pre-approved by the Contracting Officer.

B-1.16 Contract Line Item Number (CLIN) Structure. The CLIN structure may be unilaterally changed by the

Government anytime during the life of the contract to accommodate the funding format.

B-1.17 Operational Commanders, National Command Authority, Fleet Commanders, and MSC Area

Commanders. This contract gives authority to Operational Commanders, the National Command Authority, Fleet Commanders and Area Commanders to direct the contractor to take action on specific matters. When exercising this authority, they are not authorized to make changes to the scope of the contract. If compliance with their direction will result in expenses that exceed available funding obligated to the contract, then the Contractor shall obtain preapproval IAW section G-7, prior to incurring the expense.

FUNDING INFORMATION ONLY

CLIN Structure. Two CLINS (per diem and reimbursables) will be used for each contract year.

Per Diem CLIN Structure. Below is the general CLIN structure that will be used for the fixed-price elements of the contract. This is subject to change at the unilateral discretion of the Government. The parent CLINs for per diem will be established as follows:

Table 1: CLIN Structure for OPHIRE/Per Diem (Exp. Type 25213) Ship Name Firm Period Option 1 Option 2 Option 3 Option 4 52.217-8

6-month Period

USNS GUAM 0001 1001 2001 3001 4001 5001

Reimbursable Services CLIN Structure. The following is the general CLIN structure that may be used for reimbursable elements of the contract if authorized by the contract or approved by the Contracting Officer.

Table 2: CLIN Structure for Reimbursable Expenses Ship Name Firm Period Option 1 Option 2 Option 3 Option 4 52.217-8

6-month Period

USNS GUAM 0002 1002 2002 3002 4002 5002

Reimbursable Expense Types.

Table 3: Reimbursable Expense Types Description EXP TYPE

Crew Travel/Training 21011 Port/Canal Charges 2522K Overhaul 25232 Industrial Assistance 25235 Contract Service Not Classified 2528B Ship Spares 31011 Crew Overtime 2521G Award Fee 25288 Shore Power 23331 Utilities 23331

Per Diem Rate Schedule. The following per diem rates shall be payable IAW Section B.

Per Diem Rates for USNS GUAM Period of Performance / Rate

Ship Status Firm Period Option 1 Option 2 Option 3 Option 4 52.217-8 6-month Period

FOS

ROS

RAV

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Firm Period- Fixed Price Per Diem

FFP

365 Days

NET AMT

Contract Data Requirements List

DD Form 1423, Not Separately Priced

OPTION Option 1- Fixed Price Per Diem

OPTION Option 2- Fixed Price Per Diem

OPTION Option 3- Fixed Price Per Diem

366 Days

OPTION Option 4- Fixed Price Per Diem

Section C - Descriptions and Specifications

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

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

SHIP NAME SHIP MISSION SHIP CONFIGURATION

USNS GUAM (HST-1) US Marine Corps IMO 9328924 https://eagle.onlineinventorysystem.com/Clients/ABS/ELF1-5.nsf/catalogbycategory?searchView&query=cargo%20gear*##

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 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…