N3220525R0004.pdf

SEE ADDENDUM

( No Col lect Cal ls )

N3220525R0004 17-Dec-2024

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

01:00 PM 16 Jan 2025

5. SOLICITATION NUM BER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

( SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. TH IS ACQUISI TION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N322059. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAM E

JASON DASSOW

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

(TYPE OR PRINT)

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

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

0 27a. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRI ATION DATA

1. REQUISITION NUMBER

20.

ADDI TIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52. 212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO I TEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN

% FOR:SET ASI DE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-48

NORFOLK VA 23511

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DI SCOUNT TERMS11. DELIVERY FOR FOB DESTI NA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLIC ITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$47,000,000

NAICS:

488330

X

OFFER DATED

29. AW ARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWI SE IDENTIFI ED ABOVE AND ON ANY

COPI ES TO ISSUI NG OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN- OWNED

SM ALL BUSINESS PROGRAM

EDWOSB

(564) 226-8562

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF97

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEI VED INSPECTED

32b. SIGNATURE OF AUTHORI ZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATI VE

32e. MAILI NG ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORI ZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FI NALPARTIALCOMPLETE

36. PAY MENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHI P NUMBER

PARTI AL

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

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

41b. SIGNATURE AND TITLE OF CERTIFYI NG OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N3220525R0004

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 365 Days

FIRM PERIOD - KINGS BAY TUG #1

FFP

FOB: Destination

NET AMT

0002 365 Days

FIRM PERIOD - KINGS BAY TUG #2

0003 365 Days

FIRM PERIOD - KINGS BAY TUG #3

0004 365 Days

FIRM PERIOD - KINGS BAY & MAYPORT TUG #4

0005 365 Days

FIRM PERIOD - MAYPORT TUG #5

0006 365 Days

FIRM PERIOD - MAYPORT TUG #6

0007 365 Days

FIRM PERIOD - MAYPORT TUG #7

0008 Hours

FIRM PERIOD - KINGS BAY AFTER HOURS

0009 Hours

FIRM PERIOD - MAYPORT AFTER HOURS

0010 1 Each

DELIVERY FEE

0011 1 Each

REDELIVERY FEE

1001 365 Days

OPTION OPTION 1 - KINGS BAY TUG #1

1002 365 Days

OPTION OPTION 1 - KINGS BAY TUG #2

1003 365 Days

OPTION OPTION 1 - KINGS BAY TUG #3

1004 365 Days

OPTION OPTION 1 - KINGS BAY & MAYPORT TUG #4

1005 365 Days

OPTION OPTION 1 - MAYPORT TUG #5

1006 365 Days

OPTION OPTION 1 - MAYPORT TUG #6

1007 365 Days

OPTION OPTION 1 - MAYPORT TUG #7

1008 Hours

OPTION OPTION 1 - KINGS BAY AFTER HOURS

1009 Hours

OPTION OPTION 1 - MAYPORT AFTER HOURS

2001 366 Days

OPTION OPTION 2 - KINGS BAY TUG #1

2002 366 Days

OPTION OPTION 2 - KINGS BAY TUG #2

2003 366 Days

OPTION OPTION 2 - KINGS BAY TUG #3

2004 366 Days

OPTION OPTION 2 - KINGS BAY & MAYPORT TUG #4

2005 366 Days

OPTION OPTION 2 - MAYPORT TUG #5

2006 366 Days

OPTION OPTION 2 - MAYPORT TUG #6

2007 366 Days

OPTION OPTION 2 - MAYPORT TUG #7

2008 Hours

OPTION OPTION 2 - KINGS BAY AFTER HOURS

2009 Hours

OPTION OPTION 2 - MAYPORT AFTER HOURS

3001 365 Days

OPTION OPTION 3 - KINGS BAY TUG #1

3002 365 Days

OPTION OPTION 3 - KINGS BAY TUG #2

3003 365 Days

OPTION OPTION 3 - KINGS BAY TUG #3

3004 365 Days

OPTION OPTION 3 - KINGS BAY & MAYPORT TUG #4

3005 365 Days

OPTION OPTION 3 - MAYPORT TUG #5

3006 365 Days

OPTION OPTION 3 - MAYPORT TUG #6

3007 365 Days

OPTION OPTION 3 - MAYPORT TUG #7

3008 Hours

OPTION OPTION 3 - KINGS BAY AFTER HOURS

3009 Hours

OPTION OPTION 3 - MAYPORT AFTER HOURS

4001 335 Days

OPTION OPTION 4 - KINGS BAY TUG #1

4002 335 Days

OPTION OPTION 4 - KINGS BAY TUG #2

4003 335 Days

OPTION OPTION 4 - KINGS BAY TUG #3

4004 335 Days

OPTION OPTION 4 - KINGS BAY & MAYPORT TUG #4

4005 335 Days

OPTION OPTION 4 - MAYPORT TUG #5

4006 335 Days

OPTION OPTION 4 - MAYPORT TUG #6

4007 335 Days

OPTION OPTION 4 - MAYPORT TUG #7

4008 Hours

OPTION OPTION 4 - KINGS BAY AFTER HOURS

4009 Hours

OPTION OPTION 4 - MAYPORT AFTER HOURS

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

0008 N/A N/A N/A N/A

0009 N/A N/A N/A N/A

0010 N/A N/A N/A N/A

0011 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

1002 N/A N/A N/A N/A

1003 N/A N/A N/A N/A

1004 N/A N/A N/A N/A

1005 N/A N/A N/A N/A

1006 N/A N/A N/A N/A

1007 N/A N/A N/A N/A

1008 N/A N/A N/A N/A

1009 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

2003 N/A N/A N/A N/A

2004 N/A N/A N/A N/A

2005 N/A N/A N/A N/A

2006 N/A N/A N/A N/A

2007 N/A N/A N/A N/A

2008 N/A N/A N/A N/A

2009 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

3002 N/A N/A N/A N/A

3003 N/A N/A N/A N/A

3004 N/A N/A N/A N/A

3005 N/A N/A N/A N/A

3006 N/A N/A N/A N/A

3007 N/A N/A N/A N/A

3008 N/A N/A N/A N/A

3009 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

4002 N/A N/A N/A N/A

4003 N/A N/A N/A N/A

4004 N/A N/A N/A N/A

4005 N/A N/A N/A N/A

4006 N/A N/A N/A N/A

4007 N/A N/A N/A N/A

4008 N/A N/A N/A N/A

4009 N/A N/A N/A N/A

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government 0011 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 1003 N/A N/A N/A Government 1004 N/A N/A N/A Government 1005 N/A N/A N/A Government 1006 N/A N/A N/A Government 1007 N/A N/A N/A Government 1008 N/A N/A N/A Government

1009 N/A N/A N/A Government 2001 N/A N/A N/A Government 2002 N/A N/A N/A Government 2003 N/A N/A N/A Government 2004 N/A N/A N/A Government 2005 N/A N/A N/A Government 2006 N/A N/A N/A Government 2007 N/A N/A N/A Government 2008 N/A N/A N/A Government 2009 N/A N/A N/A Government 3001 N/A N/A N/A Government 3002 N/A N/A N/A Government 3003 N/A N/A N/A Government 3004 N/A N/A N/A Government 3005 N/A N/A N/A Government 3006 N/A N/A N/A Government 3007 N/A N/A N/A Government 3008 N/A N/A N/A Government 3009 N/A N/A N/A Government 4001 N/A N/A N/A Government 4002 N/A N/A N/A Government 4003 N/A N/A N/A Government 4004 N/A N/A N/A Government 4005 N/A N/A N/A Government 4006 N/A N/A N/A Government 4007 N/A N/A N/A Government 4008 N/A N/A N/A Government 4009 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

FEB 2024

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services

FEB 2024

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

TUGTIME PROFORMA

MSC TUGTIME 2023

PREAMBLE

Preamble A. The charter, when awarded, will consist of the completed Standard Form (SF) 1449, this Preamble, and completed PARTS I through IX.

B. The signature of the Contracting Officer on SF 1449 signifies acceptance of the contractor’s proposal, as amended, and award of the charter. The offeror’s proposal, as revised, is hereby incorporated into the contract as an attachment as defined by the Order of Precedence section, the SF 1449, and PARTS I through IX contain in full all of the amendments, references, responses, deletions, additions and interlineations made by both parties to the RFP and the proposal as of the charter party date. In the event that there is any inconsistency between the terms and conditions of this contract and those in an offeror’s proposal, this contract shall control. All references to sections in PARTS II through IX shall be to PART I sections unless otherwise stated.

C. Each of the parts or any portion thereof of this charter party shall be deemed severable, and should any part or any portion thereof be held invalid, illegal, or unenforceable, the remaining parts and portions thereof shall continue in full force and effect. The headings herein are for the sake of convenience and reference only, and shall not affect the interpretation of this charter party.

D. Offeror fill–in clauses 52.203-2, 52.209-7 and 52.212-3, Alternate I, required for this solicitation are provided for the convenience of Offerors in PART XII, Submission Package. It also provides a Crew Compliment form, Attachment B; Offered Rate Sheet and Vessel Fuel Consumption Table, Attachment C;

Disclosure of Lobbying Activities (SF LLL), Attachment F; a form for Offeror’s Vessel Casualty and Strike Contingency Plans, Attachment G; Request for Clarification/Question Form, Attachment I; Shipyard Data Template, Attachment J; and a blank Offered Vessel Characteristics Sheet for Offerors to fill in characteristics of their offered vessels, Attachment A.

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

a. Rate Schedule

b. CLIN price and quantity data (for pass-through reimbursable items)

c. Vessels Under Charter

Both a., Rate Schedule; and c., Vessels Under Charter, will be filled in with the data offered in the awardee’s proposal.

(End of Preamble)

PART I

PART I

PERFORMANCE WORK STATEMENT

1. SCOPE OF WORK: MSC requests 7 continuously time-chartered tractor-like, U.S. flagged, and

Jones Act compliant tugs, three (3) in Kings Bay, GA, and three (3) in Mayport, FL. Additionally, this charter will include a one (1) continuously time-chartered tractor-like tug that will operate out of Mayport, FL or Kings Bay, GA. to support movements requiring 4 tugs. Tugs may be moved between ports at Charterer’s sole option with concurrance of Navy Region Southeast Port Ops Program Director. The Vessel(s) will provide harbor support services and ship handling at Kings Bay, GA and Mayport, FL, and navigable waters within these regions.

The following list, is not all- inclusive in either scope or description, is illustrative of the services to be performed:

(a) Towing, twisting, mooring, berthing, docking, streaming, shifting, assisting, pulling, and escorting various vessel types, barges, submarines, crafts, hulls, sleds, derricks, lighters, and objects of whatsoever nature including anything carried thereon. Government reserves the right to use government-owned, controlled, or chartered tugs or vessels separately or jointly with owner's tugs in the performance of any services listed in this contract.

a. The following is a list of vessel classes that are likely to be supported during the term of any contract resulting from this RFP. The list is for demonstration purposes only and is not a guarantee of vessel types to be supported and is not all-inclusive: AE, ARS, DD, LHD, AFDM, DDG, LSD, LHA, AGDS, ASR, LST, TAKE, LCS, AFT, MCM, TAO, SSN, CG, LPD, CVN, SSBN, SSGN, or foreign military vessels equivalent to any of the above.

(b) Transfers of pilots and government personnel by tug.

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

(d) Line handling.

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

(f) Owner's Representative shall provide adequate staff and communications to promptly respond to government's requests for services under this contract on a 24-hour-day basis.

(g) The Government shall provide the following to the contractor during the period(s) of services.

(1) Mayport

i) Dockage and hotel services (electricity, water, oily waste and sewage);

ii) Parking space for ten contractor-designated vehicles

iii) Normal desk and workspace (200 sq. feet), if required; and

iv) Required Navy publications for the port.

v) Simulator training with Pilots when required.

vi) Fuel

(2) Kings Bay

i) Dockage and hotel services (electricity, water, oily waste and sewage);

ii) Parking space for ten contractor-designated vehicles

iii) Submarine indoctrination briefing for crew, and

iv) Formal training for non-occupational radiation workers

v) Navy Enterprise Land Mobile radios (ELMR) for ship / shore communications.

vi) Simulator training with Pilots when required.

vii) Fuel

2. AREA OF OPERATIONS: The place of performance shall be in the geographical region(s) of

Kings Bay, GA and Mayport, FL and the surrounding navigable waters. The Tug(s) will be home berthed in the Geographical Regions noted above. The government may reassign the Tug(s) to a different berth within the geographical region on a temporary or permanent basis to meet emergent requirements. The Tug(s) shall remain on site at the base assigned 24 hours a day, 7 days a week when not on mission, undergoing refueling, or required at a shipyard.

3. CONTRACT STYLE: Firm Fixed Price with pass-through reimbursable elements.

4. PERIOD OF PERFORMANCE:

a) One firm period and 4 option periods for a total of 59 months.

Period

Length

Option Notice Date of

Commencement Date of

Completion Firm Period 365 days 01 July 2025 30 June 2026 Option Period One 365 days (See FAR 52.217-9) 01 July 2026 30 June 2027 Option Period Two 366 days (See FAR 52.217-9) 01 July 2027 30 June 2028 Option Period Three 365 days (See FAR 52.217-9) 01 July 2028 30 June 2029 Option Period Four 335 days (See FAR 52.217-9) 01 July 2029 31 May 2030

b) PERFORMANCE PERIOD: The period of performance for the proposed contract is a firm one-year period, with three one-year option periods thereafter, and a fourth option for eleven months. If all option periods are exercised, the total period of performance will start on 01 JUL 2025 and end on 31 MAY 2030.

5. AVAILABILITY: The tug(s) shall be available 24 hours a day, 7 days a week, and 365/366 days per year. After receiving a request for service from an authorized Government official, tug(s) shall be fully crewed and ready for service in accordance with the response times in the table below.

6. NOTIFICATION: When Vessel service is requested, the vessel shall show up on station ready to perform the appropriate services provided within the time specified in the “Required Response” boxes below.

NOTIFICATION TIMES

7. SCHEDULE OF ESTIMATES: The following estimates are not a guarantee of work. This information is provided for estimation purposes only. Any difference in the actual numbers or workload experienced shall not form the basis for any claim or equitable adjustment. * However, any after-hours work in excess of the estimate below, will be reimbursed IAW the rates established in Section 10. Any after-hours not used by the Government in the Schedule of Estimates shall be carried over to the following periods of performance.

Times

Required Response

Time: 24-hour period with most of the work accomplished between 0600 – 1800 hours (Mon. – Fri. except weekends and Federal Holidays).

Minimum work conducted after 1800 hours of the above 24-hour period and on weekends and Federal Holidays has been factored into the rates per the Schedule of Estimates Section 9 above.

All tugs Mon-Fri except weekends and Federal Holidays - 15 minutes 1 tug (each port) - 15 minutes 2 tugs (each port) - 1 hour 1 Additional tug – 4 hours

PERIOD * ESTIMATED AFTER-HOURS USE

FOR ALL TUGS

Firm Period 740 Option 1 740 Option 2 740 Option 3 740 Option 4 740 Option 5 740

8. DELIVERY/REDELIVERY LOCATION: Kings Bay, GA and Mayport, FL =

9. TUG CHARACTERISTICS: The tug(s) chartered under this charter party contract shall have the minimum characteristics as described in the chart Tug Characteristics. Specifications and characteristics exceeding the minimum, if offered and accepted by the government, are incorporated by reference upon contract award.

CHARACTERISTIC MINIMUM CHARACTERISTIC MINIMUM

FLAG USA CLASSIFICATION Classed by IACS member

PROPULSION TYPE

360 degree Propulsion System

SHAFT

HORSEPOWER

N/A

BOLLARD PULL

100,000 lbs. Forward and Stern pull and 80,000 lbs. Side pull

ENDURANCE

7 days. Minimum operating range of 100 NM

PASSENGER

CAPACITY:

TRANSIT SPEED

12 knots at 80% rated horsepower

DRAFT:

18 feet – Maximum for 4 of 7 total Tugs 25 feet – Maximum for 3 of 7 total Tugs

SEWAGE CAPACITY 24 hrs.

LENGTH

OVER ALL:

N/A

SURFACE

FENDERING

Non-marking fendering, clean and sufficient to prevent metal-to-hull contact with surface vessels under all conditions of pitch and roll to include wing fendering for pilot embark and debark.

SUBSURFACE

FENDERING

Non-marking fendering, clean and sufficient to prevent metal-to-hull contact with sub-surface vessels under all conditions of pitch and roll. Fendering should be firmly secured to vessel along entire length. Fendering shall include propeller /Manatee guards.

BROW: For Kings Bay and Mayport tugs: One brow to allow for the safe transfer of two passengers at a time. The brow shall be a minimum two feet in width for the entire length to assure safe passage of personnel from the tug to the deck of all classes of submarines.

The end of the brow shall be fitted with rubber-coated rollers to prevent metal-to-metal contact between brow and submarine deck; each side shall have handrails and mid-rails. The brow should be capable of being positioned in any direction in a 90-degree arc from abeam to straight astern.

For the tugs operating in Kings Bay, two (2) tugs should have the brow located on the starboard side and one (1) tug should have the brow located on the port side.

BOOM: Tugs shall be equipped with boom(s) located so that material can be transferred, and brow placed while underway. Boom shall be sized to permit reaching the main deck of the vessels identified in Attachment 3, excluding aircraft carriers. Boom shall have the following capacity/capabilities: 8,000 lbs. at 5’ radius and 1,000 lbs.

at 30’radius.

LINES

Sufficient for services performed under this contract

FIREFIGHTING:

Each tug shall have a system capable of providing 3,000 gpm at the fire pump and sufficient fire monitors to provide 360-degree coverage at 1,000 gpm, 125 psi. and two fire stations (one port and one starboard).

CAPSTANS/

WINCHES

Sufficient fore and aft capstans / winches to perform services under this contract and capable of handling 8 in. lines. Each shall have a minimum safe working load of 7,500 lbs.

(fwd) and 9,000 lbs. (aft), shall have 40 ft. per minute payout/in-haul speed and be able to be operated locally and from the pilot house.

COMMUNICATION

EQUIPMENT

Minimum required by the U.S.C.G. and FCC for inland and international waters.

Additionally, all tugs must have a transceiver capable of working 2-30 MHz at 100-watt output, a loud hailer and one set of VHF radios.

10. PRICING SHEET: Daily Rate: The daily rate shall be inclusive of weekends, holidays and after-hours, based on the required availability above. Daily rate is exclusive of fuel, which shall be supplied/pass-through reimbursed by the government.

KINGS BAY DAILY RATES

Tug #1 of 7 (18 Ft Max)

Firm Period Option Period

One Option Period

Two Option Period

Three Option Period

Four

Daily Hire Rate (per day)

After-Hours Rate (per hour)

Tug #2 of 7

Firm Period Option Period

One Option Period

Two Option Period

Three Option Period

Four

Daily Hire Rate (per day)

Tug #3 of 7

Firm Period Option Period

One Option Period

Two Option Period

Three Option Period

Four

4TH Tug (to be shared BETWEEN Kings May & Mayport per Section 1 SCOPE OF WORK )

Tug #4 of 7

Firm Period Option Period

One Option Period

Two Option Period

Three Option Period

Four

MAYPORT DAILY RATES

Tug #5 of 7

Firm Period Option Period

One Option Period

Two Option Period

Three Option Period

Four

Tug #6 of 7

Firm Period Option Period

One Option Period

Two Option Period

Three Option Period

Four

Tug #7 of 7 (25 Ft Max)

Firm Period Option Period

One Option Period

Two Option Period

Three Option Period

Four

Rate (per day)

The Total Daily Rate for each period (the sum of the daily rate of all tugs) will be filled in the table above by the Government at time of award with the pricing data from the successful proposal. Funding will be added under the CLINS for Daily Hire and reimbursable expenses for each fiscal year. Expenditures may not exceed the funding on any CLIN for that purpose.

11. FUEL CONSUMPTION RATES:

12. WAGE DETERMINATION. Wage Determination ( 2015-0213 Rev34 ) is incorporated into this contract and is available upon request or at www.msc.navy.mil click on Contracts/Library of Common Documents.

13. FUNDING. Funding will be added for each period. Expenditures may not exceed the funding on any CLIN for that purpose.

14. DAILY HIRE RATE STRUCTURE

(a) Daily Hire: Except as otherwise provided herein, the daily hire rate shall be considered payment in full for all services of the vessel and associated equipment and all other requirements under this charter party contract, including, but not limited to penalty time, bonuses, payments, and emoluments payable to Master, Officers and crew for services under this charter, irrespective of the geographic scope of said service and the nominal carriage of ammunition and hazardous cargoes. The daily hire rate shall also be considered payment in full for all overtime, including but not limited to crew overtime or penalty time required for the making up or breaking of tows. In addition, the daily hire shall include the estimated after-hours as outlined in Section 7 Schedule of Estimates. In the event, the Government exceeds the estimated hours in the Schedule of Estimates the contractor will be entitled to bill in accordance with the reimbursable section of the contract. The after-hour rates are established in After-Hours table in Section 10. The daily hire rate does not does not include port charges or the price that the contractor pays for fuel.

(b) After-Hours: The after-hour rate is the hourly differential to be added to the daily hire rate and shall cover all additional costs for operating the vessel during the after-hours periods and shall be prorated to the nearest quarter-hour. This Rate does not include port charges or the price that the Contractor pays for fuel.

(c) The rates to be paid under this charter party contract, as offered and accepted at the time of award, are provided in the table, Price Sheet, which shall be filled-in by the government at the time of award.

15. CHARTER PERIOD. This Charter shall be for the periods designated in the table of periods of performance shown above, commencing upon the date shown or the charterer's acceptance of the vessel(s), whichever occurs later, and continuing until either the date of completion or the completion of the voyage then current, at charterer's sole option. Each vessel shall be considered to have separate performance periods. Any optional periods shall be stated in the contract; in addition, the government shall have the time lost options as specified under this contract and an option to extend services as specified in this contract. All optional periods shall be in

KNOTS

(NM)

NET BBLS

PER DAY

OPERATING

RANGE

01> 02> 03> 04> 05> 06> 07> 08> 09> 10> 11> 12> 13> 14> 15> direct continuation. Options shall be exercised pursuant to PART III Additional Contract Requirements FAR 52.217-9, Option to Extend the Term of the Contract.

16. TIME LOST.

(a) Tacking to the End of Charter Period. Any time lost by the vessel during the term of this charter

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

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

(c) Relationship to Other Remedies. No remedy conferred by this paragraph upon the charterer is intended to be exclusive of any other remedy, but every such remedy shall be cumulative and shall be in addition to every other remedy already conferred by this charter party now or hereafter existing at law or in equity or by statute.

17. DELIVERY.

(a) The vessel(s) and all associated equipment shall be delivered in the condition described below to the charterer at a port or place indicated in the “Delivery/Redelivery Location” section, not later than 1600 hours local time (place of delivery) on the canceling date stated. The contractor shall give written Notice of Readiness (NOR) during office hours to the appropriate government representative at the port or place of delivery on a working day (Saturdays, Sundays, or other recognized weekly days of rest, U.S. Government holidays, and holidays observed at the delivery port, whether national or local, shall not be considered working days). Government inspection of the vessel shall be completed within a reasonable amount of time thereafter, not exceeding twenty-four (24) hours after proper tender of the notice of readiness (Saturdays, Sundays, or other recognized weekly days of rest, U.S. Government holidays, and holidays observed at the delivery port, whether national or local, excepted in the computation of said twenty-four hour period). Hire shall commence upon acceptance of the vessel(s) by the charterer but not before the commencing date stated in the solicitation, unless approved in writing in advance by the Contracting Officer. Charterer shall have the liberty to cancel this charter at no cost to the government should the vessel(s) or associated equipment not be ready in accordance with the provisions hereof by the canceling date. Said cancellation is to be declared not later than twenty-four (24) hours after 1600 hours local time (place of delivery) on the stated canceling date. Nothing in this paragraph shall limit any remedy of the government otherwise available at law, in equity or under this charter party contract.

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

18. REDELIVERY. Unless lost, the vessel(s) shall be redelivered at a port or place indicated in the above table.

Charterer shall notify contractor of the place and date of redelivery no later than the time shown in the performance work statement.

19. AUTHORIZED TUGS.

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

(b) Substituted vessel(s) chartered under this charter party contract shall have the minimum characteristics as described in the PART I Tug Characteristics. Specifications and characteristics exceeding the minimum, if offered and accepted by the government, are incorporated by reference upon contract award and become the minimum requirement.

Name BHP Bollard Pull Name BHP Bollard Pull

KB Tug # 1 MP Tug # 5 KB Tug # 2 MP Tug # 6 KB Tug # 3 MP Tug # 7

MP/KBTug # 4

20. SUBSTITUTION OF TUGS.

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

AUTHORIZED APPROVED SUBSTITUTE TUGS:

Name BHP Bollard Pull Name BHP Bollard Pull

(b) Notwithstanding the above, the COR(s) identified for this contract are authorized to approve tug substitutions of tugs listed in the section titled “Authorized Tugs” in PART I, which will be filled in by the government at contract award. The contractor shall notify the Contracting Officer upon receiving approval for such a substitution by the COR(s).

(c) The contractor shall fix and deploy a substitute tug within a period of six (6) hours of submission of notice of substitution or within six (6) hours of the commencement of any off-hire whichever occurs first. (See “Off-hire and Loss of Vessel” sections.)

(d) Any tug offered as a substitute shall meet the minimum characteristics as described in the section titled “Tug Characteristics.” Any tug substituted under this section shall result in no increase to the price of this charter party and substitution shall result in no operation delay for charterer except as provided above. It shall not otherwise excuse any other performance required under this charter party.

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

(f) Notwithstanding charterer's prior acceptance of any substitute tug under this paragraph, charterer may at any time reject any previously accepted substitute vessel if it is determined that the characteristics of that substitute tug were misrepresented by the contractor or are otherwise unsuited to the requirements of this contract.

21. TUG COMPLEMENT AND CREW.

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

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

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

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

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

(f) Each Vessel Master of vessel(s) shall possess U.S. Coast Guard 100 Ton Master License.

22. SECURITY CLEARANCES. Reserved.

23. DRY-DOCKING.

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

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

24. EMERGENCY SITUATIONS AND TRAINING. This paragraph shall be incorporated into this contract

ONLY if the following is checked X .

(a) General. In the event that the owner is unwilling or unable to perform those duties as directed by the Port

Operations Officer or his designated representative that the emergency so requires, the owner agrees to relinquish custody and control of the tug(s) to the government in order to allow the government to respond to the emergency situation using the owner’s tug(s)/equipment augmented in whole or in part by a government crew. Such determination shall be provided to the Tug Master or designated representative by the Contracting Officer or the Contracting Officer’s Representative (COR). The period of government operation and control shall not exceed that time required to respond to the emergency and properly return the tug(s) to owner’s control.

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

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

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

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

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

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

ii) Training shall take place during normal operating hours.

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

25. SHIP PHYSICAL SECURITY. The owner will comply with and implement the Navy Force Protection and Security requirements for the port in which it is docked or berthed (e.g. DBIDS Gate Program). All costs shall be included in the basic hire, except for COR or Contracting Officer directed material purchases over $100 in total value, which shall be subject to the Pass Through Reimbursable Expenses section of the contract.

26. OFF-HIRE – GENERAL. In the event of the loss of time resulting from deficiency and/or default of men including but not limited to misconduct, illness, injury, strikes, labor disruptions, lockouts; deficiency of stores; fire;

breakdown of or damage to hull, machinery, or equipment; collision; stranding; grounding; detention by authorities;

average accidents to vessel or cargo unless resulting from inherent vice, quality, or defect of the cargo; repairs;

inspections; all dry-dockings including those for the purpose of examination/inspection or painting bottom but not for those dry-dockings under the Alterations section in PART II or deviation for the purpose of landing any ill or injured person on board other than any passenger, supercargo, or military personnel who may be carried at charterer's request; or by any other cause whatsoever preventing the full working of the vessel, the payment of hire shall cease for all time lost until the vessel is again, at a position not less favorable to the charterer than that at which such loss of time commenced, ready and in a fully efficient state to resume her service. Should the vessel deviate or put back during a voyage contrary to the orders or directions of the charterer for any reason, the hire is to be suspended from the time of her deviating or putting back until she is again, at a position not less favorable to the charterer than that at which such loss of time commenced, ready and in a fully efficient state to resume her service.

When the period of time lost to the charterer on any one occasion is less than two (2) consecutive hours, the hire shall not be reduced for such period, provided no missions were missed during that period of time. Off-hire is on a per tug basis. Offeror may be allowed to substitute a vessel in accordance with the Substitution of Tugs section.

(a) All port charges, pilotages, and other expenses incurred during such period and consequent upon the putting in to any port or place other than that to which the vessel is bound, shall be borne by the owner. All fuel used by the vessel are for owner’s account as per the fuel section below; to include fuel from being driven into port or to shallow harbors or to rivers or ports with bars, the delay of the vessel and/or expenses resulting there.

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

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

29. REQUESTS FOR SERVICES within the scope of this Charter Party contract may be issued by:

(a) Contracting Officer; or

(b) Regional Program Director, Navay region Southeast Port Operations Officer, or his /her designee;

(c) Navy Region Southeast Port Operations Metro Surface Coordinator, or

(d) Contracting Officer’s Representative (COR).

31. PASS THROUGH REIMBURSABLE EXPENSES

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

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

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

(ii) Identification of the proposed subcontractor and price.

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

(c) The contractor shall maintain the above listed documentation for three years after the contract performance is completed. Contractor shall provide access to and copies of the documentation when requested by the Contracting Officer.

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

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

(f) The government is not obligated to reimburse the contractor for otherwise pass-through reimbursable supplies and services in excess of the funded amount stated in the Schedule under each Pass-Through Reimbursable CLIN.

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

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

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

32. FUEL.

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

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

(c) Owner’s Purchase of Fuel. The owner shall, if directed by the charterer, purchase fuel for the vessel, in which case the charterer shall, in accordance with the Pass Through Reimbursables section of this PWS, reimburse the owner the price paid for all fuel (excluding lube oils) procured by the owner and loaded in the vessel during the period of this charter.