N3904018Q0128-0001_Amendment.pdf

N3904018RQ80099

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

This Amendment is issued to modify the PWS, modify clause 52.212-4, modify clause 52.212-5, to extend the date on Attachment 6, and to clarify the description of the #004 CLINs.

Changes are highlighted in yellow .

All other terms and conditions of the solicitation remain unchanged.

The closing date of the Solicitation is extended from 05/11/18 04:00 PM EST to 05/21/18 01:00 PM EST.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 35

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

16C. DATE SIGNED

BY 02-May-2018

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N3904018Q0128

X 9B. DATED (SEE ITEM 11)

18-Apr-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

02-May-2018

CODE

PORTSMOUTH NAVAL SHIPYARD

CONTRACTING DIVISION, CODE 410

BLDG 153, 6TH FLOOR

KITTERY ME 03904

N39040 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N3904018Q0128

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 11-May-2018 04:00 PM to 21-May-2018 01:00 PM.

SUPPLIES OR SERVICES AND PRICES

CLIN 0004

The CLIN description has changed from Base - Fuel to Base - Fuel & Reimbursables.

CLIN 1004

The CLIN description has changed from Option 1 - Fuel to Option 1 - Fuel & Reimbursables.

CLIN 2004

The CLIN description has changed from Option 2 - Fuel to Option 2 - Fuel & Reimbursables.

CLIN 3004

The CLIN description has changed from Option 3 - Fuel to Option 3 - Fuel & Reimbursables.

CLIN 4004

The CLIN description has changed from Option 4 - Fuel to Option 4 - Fuel & Reimbursables.

TABLE OF CONTENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Wage Determination

2015-0213 R10

Attachment 2 CAP 3 Attachment 3 QASP 2 Attachment 4 QASP Matrix 1 Attachment 5 Past Performance Info 1 Attachment 6 Past Performance Report 4 to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Wage Determination

2015-0213 R10

Attachment 2 CAP 3 Attachment 3 QASP 2 Attachment 4 QASP Matrix 1 Attachment 5 Past Performance Info 1 Attachment 6 Past Performance Report

4 02-MAY-2018

The following have been added by reference:

252.219-7003

The following have been modified:

SECTION C

Performance Work Statement

1. DESCRIPTION OF SUPPLIES AND SERVICES

This is a contract for two (2) continuously available Tugs to be home berthed in the Geographical Region described below. These Tugs will provide both routine and emergency tug and towing services in support of Portsmouth Naval Shipyard.

The Tug charter is for a firm period of one (1) year (365 days) with options for four (4) additional one year periods to support the Government's requirement. Contractor shall provide the offered Tug(s) by 1600 hours local time (place of delivery) on the day before the period of performance is to begin. Only the Tug(s) named, or substituted in accordance with the Substitution of Tugs clause, may be used under this contract.

2. PLACE OF PERFORMANCE

a. Portsmouth, NH, Kittery, ME and Surrounding Waters to include the following:

(1) Portsmouth Naval Shipyard

(2) The Piscataqua River area defined by a virtual boundary on the upstream portion of the river in the general vicinity of the Simplex Wire & Cable Company in Newington, NH down to the boundary provided by the mouth of the river.

(3) A specific point in the Atlantic Ocean which will reside in the area encompassed within a radius extending from the mouth of the Piscataqua River to no more than twelve miles offshore. The actual coordinate of this point is classified and will only be provided in the event a stricken vessel is required to be towed to this point. Note: Normal operations may not include this point, but the crew must be able to operate to a point 12 miles offshore under unique/emergency situations.

b. The place of performance shall be in the geographical region of Portsmouth, NH including surrounding navigable water as explained above. Within this geographical region, the Tug may be ordered to any berth, dock, anchorage, wharf, place, open roadstead, submarine line or alongside any vessel, barge, lighter, submarine, craft, hull, or object of whatsoever nature the Government may direct, provided the Tug can lie always afloat.

c. Tug will be home berthed within the Geographical Region as defined above and shall not leave the

Geographical Region except for the allowable conditions specified below. This requirement best supports the Tug response times of four (4) hours for routine service and one (1) hour for response to emergency situations.

(1) To provide commercial tug and towing services as long as the commercial services, only if released in accordance with Paragraph 21, "Temporary Release for Commercial Services."

(2) To travel to maintenance location or depot ONLY when a Government approved substitute Tug has been put into service at the home berth location.

(3) To undergo fueling operations.

(4) Support tug and towing services as requested by the Shipyard.

3. PERIODS OF PERFORMANCE

Period Length

(In Days) Option Notice

Date of Commencement

Date of Completion

Firm Period 365 NA 16 August 2018 15 August 2019

Option Year One

(Leap Year) See clause 52.217-9 16 August 2019 15 August 2020

Option Year Two 365 See clause 52.217-9 16 August 2020 15 August 2021

Option Year Three 365 See clause 52.217-9 16 August 2021 15 August 2022

Option Year Four 365 See clause 52.217-9 16 August 2022 15 August 2023

a. CHARTER PERIOD

This charter shall be for the periods designated in the Periods of Performance table shown above, commencing upon the date shown or the Government’s acceptance of the Tug(s), whichever occurs later, and continuing until either the date of completion or the completion of the voyage then current, at the Government's sole option. Each Tug 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 a contract. All optional periods shall be in direct continuation. Options shall be exercised pursuant to FAR 52.217-9 in this contract.

b. TIME LOST

(1) Tacking to the End of Charter Period.

Any time lost by the Tug during the term of this charter (including during any option period) due to the breakdown of machinery, interference by authority, collision, stranding, fire or other accidents or damage to the Tug; or repairs, inspections, overhaul and alterations, preventing the work of the Tug, shall be added to the charter period at Government’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.

(2) Excessive Time Lost.

The Government may by written notice cancel this charter or contract at no cost to the Government whenever, in any given 365 day period, for any reason whatsoever, more than thirty (30) days are lost except for time lost as a result of the causes set forth in the "War" clause of this contract. See clause 52.212-4. Failure to cancel this charter after thirty (30) days are lost shall be without prejudice to any other rights of the Government, or any later right of the Government to cancel this Charter Party.

(3) Relationship to Other Remedies.

No remedy conferred by this paragraph upon the Government 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.

c. PERFORMANCE PERIOD.

The total performance period under this Charter Party contract shall not exceed 60 months.

4. DELIVERY / REDELIVERY

a. DELIVERY

(1) The Tug(s) and all Associated Equipment shall be in place at their Home Berth in the Geographical

Region in the condition described below not later than 1600 hours local time (place of delivery) on the day before the period of performance is to begin. The Contractor shall give written notice of readiness during office hours to the appropriate Government representative at Portsmouth Naval Shipyard 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).

(a) Government inspection of the Tug(s) 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 Geographical Region Home Berth, whether national or local, excepted in the computation of said twenty-four hour period).

(b) Hire shall commence upon acceptance of the Tug(s) by the Government but not before the commencing date stated in the solicitation, unless approved in writing in advance by the Contracting Officer.

(c) Government shall have the liberty to cancel this Charter at no cost to the Government should the Tug(s) or Associated Equipment not be in place at their Home Berth in the Geographical Region in the condition described below not later than 1600 hours local time (place of delivery) on the day before the period of performance is to begin. Said cancellation is to be declared not later than twenty-four (24) hours after 1600 hours local time (Geographical Region Home Berth) on the day before the period of performance is to begin. Nothing in this paragraph shall limit any remedy of the Government otherwise available at Law, in Equity or under this Charter Party contract.

(2) Condition.

The Tug(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 Tug(s) and Associated Equipment in such state during the period of the Charter Party.

b. REDELIVERY

Unless lost, the Tug(s) shall be redelivered to their Geographical Region Home Berth. Government shall notify Contractor of the date of redelivery no later than the time shown in the statement of work.

5. AUTHORIZED TUGS

TUG NAME BOLLARD PULL

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

6. TUG SPECIFICATIONS AND CHARACTERISTICS

TUG CHARACTERISTICS

CHARACTERISTIC MINIMUM CHARACTERISTIC MINIMUM

FLAG USA CLASSIFICATION Classed by IACS recognized member

PROPULSION TYPE Tractor or ASD type ENDURANCE N/A

SHAFT HORSEPOWER N/A

PASSENGER

CAPACITY:

Each tug capable of carrying 12 in addition to crew; no berthing or victualling

BOLLARD PULL 65,000 lbs. forward bollard pull; and 50,000 lbs. astern.

SEWAGE CAPACITY 24 hrs.

TRANSIT SPEED 10 knots at 80% rated horsepower.

MAXIMUM LENGTH

OVER ALL 105 ft.

BROW: 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 a LOS ANGELES or VIRGINIA CLASS submarine.

The end of the brow shall be fitted with rubber-coated rollers to prevent metal-to-hull contact between brow and submarine deck;

each side shall have handrails and mid-rails. Transfer to other submarine classes may be required.

MAXIMUM BEAM: N/A

MAXIMUM DRAFT: 19 feet

MAX FIXED AIR

DRAFT N/A

SURFACE

CONFIGURATION

Configured to prevent metal-to-hull contact with surface vessels under all conditions of vessel pitch and roll.

SURFACE FENDERING

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

SUBSURFACE

CONFIGURATION

Configured to prevent metal-to-hull contact with sub-surface vessels under all conditions of vessel pitch and roll.

SUBSURFACE

FENDERING

Non-marking fendering, clean and sufficient to prevent metal-to-hull contact with sub-surface vessels, firmly secured to vessel along entire length, and includes propeller guards, if applicable.

CAPSTANS/ WINCHES

Sufficient fore and aft capstans or towing winches to perform services under this contract. Each shall have a minimum safe working load appropriately rated to the bollard pull of the tug.

LINES

Suitably sized lines, wires and associated equipment to perform safely and efficiently the services in the contract.

NAVIGATION

EQUIPMENT

Required by the U.S.C.G for inland and international waters. Radar, fathometer, GPS, loudhailer, and two sets of fixed VHF radios.

COMMUNICATION

EQUIPMENT

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

Transceiver capability of 2-30 MHZ at 100 watt output.

FIREFIGHTING

Each tug shall have monitors to provide 360-degree coverage at 2,000 gpm, 120 psi.

OTHER

REQUIREMENTS

All vessels shall be compliant with all applicable Federal and State laws and regulations, and in particular with all U.S. Coast Guard regulations for tug vessels and their operation.

7. 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 Tug. 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 giving the oral notification.

b. Any Tug offered as a substitute shall have substantially the same characteristics, i.e., shall be similar to the tug it is replacing in that it also meets all of the requirements of the PWS and Specifications, including any waivers. It shall be fully ready to perform in accordance with this Charter Party upon arrival at the Tow or other work site designated by the Government. Any Tug substituted under this Clause shall result in no cost increase for the Government and substitution shall result in no operation delay for the Government except as provided above. It shall not otherwise excuse any other performance required under this Charter Party.

c. Notwithstanding the Government’s prior acceptance of any substitute Tug under this paragraph, the

Government may at any time reject any previously accepted substitute Tug 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.

8. 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.

b. 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.

c. 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).

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

e. All Contractor employees shall have in their possession photo identification at all times when working under this Charter Party Contract.

f. If the Government 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.

9. SECURITY CLEARANCES

No specific security clearance is required. However, the Tug(s) Master(s), Officer(s) and Crew(s) utilized throughout the service under this contract shall be United States citizens. Proof of citizenship shall be by passport and / or birth certificate, and shall be available for verification as requested by the Government.

10. TYPICAL SERVICES

a. The following list is provided illustrative purposes only and describes some of the services that may be performed as requested on the basis of a twenty four (24) hour per day, 365 day per year readiness, including but not limited to:

(1) Towing, twisting, mooring, berthing, docking, streaming, shifting, assisting, pulling, and escorting those vessel types listed below and miscellaneous other vessels, barges, submarines, crafts, hulls, sleds, lighters and objects of whatsoever nature including anything carried thereon. Government reserves the right to use Government owned or controlled Tugs or vessels separately or jointly with Contractor Tugs in performance of any services listed in this Contract.

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:

ATF, DDG, FFG, LSD, SSBN, SSN, foreign military vessels equivalent to any of the above;

(2) Transfers of pilots and Government Personnel by vessel;

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

(4) Line handling; and

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

b. Contractor shall provide adequate staff and communications to promptly respond to Government's requests for services under this contract on a 24 hour per day basis.

c. Contractor shall respond within four (4) hours of the Government’s request for typical / routine service.

This response requires that the Tugs must be fully operational and transited to a rendezvous location specified by the Government with all necessary preparations for readiness completed.

11. OTHER SERVICES, RESPONSIBILITIES, PLANS AND REPORTS

a. EMERGENCY SITUATIONS, TRAINING AND PLANS

(1) General.

In the event that the Owner is or unable to perform those duties as directed, or to timely respond to emergency situations, and upon determination by the Atlantic Fleet Commander (COMUSFLFORCOM) or his designated representative (Commander, Portsmouth Naval shipyard acting as the Area Commander) 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 by the lie 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.

(2) Response to Emergency Situations.

Contractor shall provide adequate staff and communications to promptly respond to Government's requests for response to an emergency situation under this contract on a twenty four (24) hour per day basis.

Contractor must respond within one (1) hour of the Government’s request to maneuver an affected ship in an emergency situation. This response requires that the Tugs must be fully operational and transited to a rendezvous location specified by the Government with all necessary preparations for readiness to commence tow completed.

(3) 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 clause 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 clause. 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.

(4) 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). The Owner will also be expected to provide all routine gear associated with normal operations, and in accordance with any gear prescribed in the specifications. In the event of unique/emergency situations, the Government may provide additional gear.

(5) 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.

(6) 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.

(7) 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 twenty four (24) hours in advance of the training. The training shall not be "crew augmentation" for purposes of this section. The Owner shall not be relieved of responsibilities under the section titled "CHARTER NOT A DEMISE" of this charter during training.

(a) 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 allow the Government to ensure that its 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.

(b) Training shall take place during normal operating hours.

(c) No more than thirty (30) days after award, the contractor shall submit a proposed training plan to meet the requirements of the Emergency Situation and Training clause. A final plan shall be submitted no later than thirty (30) days after receipt of the Government comments on the proposed plan.

(8) Release of Information During Emergency Situations

Because of the variety of possible reactions to emergency situations, especially radiological emergency situations, all requests from the public, news media or state/local officials for information concerning an emergency at the Shipyard will be referred to the Shipyard’s Public Affairs Office.

b. DRY-DOCKING

(1) Contractor, at its expense, shall dry-dock, clean and maintain each contracted Tugs bottom and propeller, and properly make all overhaul and other necessary repairs to maintain the Tug in class, maintain the Tug in compliance with this contract and its warranties above, and otherwise to keep the Tug 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.

(2) All dry-dockings under this clause shall be scheduled with the Government and shall be subject to the

Off-Hire clause.

c. SHIP PHYSICAL SECURITY

The Owner will comply with and implement the Navy Force Protection and Security requirements for the port in which it is docked or berthed. All costs shall be included in the basic hire, except for COR or Contracting Officer directed material purchase over $100.00 in total value, which shall be subject to the PASS THROUGH REIMBURSABLES section of the Contract.

d. STRIKE CONTINGENCY PLAN

(1) The Contractor shall provide and maintain a strike contingency plan that describes how services will be provided if there is a labor strike or any other deficiency of Master or crewmembers. The plan must be practicable and must clearly state the means and method for vessel manning during a strike or labor action and for providing services in the face of disruptive measures typical of a strike situation.

Award of the contract shall indicate the Contracting Officer's approval of the plan, whose approval shall not be unreasonably withheld.

(2) The Contractor shall update the plan, as necessary but no less frequently than yearly, and not later than thirty (30) days before the last day for the exercise of each option to extend contract term.

Exercise of an option to extend the term of the contract shall indicate the Contracting Officer's approval of the updated plan, whose approval shall not be unreasonably withheld.

e. VESSEL CASUALTY PLAN

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

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

f. INCIDENT REPORTS

In all instances in which any vessel being handled by Owner's Tug(s) sustains damage or is involved in any incident resulting in damage to vessels or property, or in bodily injury or death, Owner shall secure a report from the Tug Master or Officer acting as pilot, and from any licensed pilot aboard the vessel being handled.

Owner shall submit said report to the Contracting Officer within twenty four (24) hours following said incident, reporting the facts, listing deaths, reporting the extent of damages to property and any bodily injuries, and listing recommendations to prevent recurrence.

g. FUEL REPORTS.

Monthly, no later than the fifth working day of each month, submit a written report to the Contracting

Officer that states the amount of fuel consumed by each tug during the preceding month. In addition, if fuel was purchased from a commercial source as a reimbursable item under this Charter Party contract, with respect to each tug, separately state the total amount and the price-per-gallon paid for each time fuel was purchased.

h. EXTENUATING CIRCUMSTANCES PREVENTING ACCESS TO HOME BERTH LOCATION

(1) In the event that extenuating circumstances (e.g., river blocked by lowered bridge or dredging equipment) prevent the Contractor from having access to their normal Geographical Region Home Berth during the period(s) of service defined in this Contract, the Government shall coordinate with Contractor to make accommodations such that routine and emergency response services are not interrupted. These accommodations shall remain in place for only that amount that the home berth location is not accessible.

(2) Physical accommodations at the Shipyard shall include the following:

(a) Dockage and hotel services (minimum of shore power; water and sewage only if available at the dock). Contractor need not pay for the shore power;

(b) Space for a mobile office at a dockside location (approximately 200 square feet);

(c) Storage space (approximately 200 square feet).

(3) Liability for the tug boats while at the shipyard will be the responsibility of the Contractor. In the event any damage to the tug boat is caused by the Shipyard, the Government will be liable for damages

(4) In the event of an emergency at Portsmouth Naval Shipyard, response will continue to be required within the one (1) hour response time designated elsewhere under the terms of this contract.

(a) Contractor personnel will be transported by Government vessel to and from the Contractor Tugs to respond to perform needed services.

(b) Contact telephone numbers will be exchanged between the Port Operations Officer or his designated representative and the Contractor to facilitate pick-up rendezvous.

12. AVAILIBILITY / NOTIFICATION / REQUESTS FOR SERVICES

a. Contractor shall provide adequate staff and communications to promptly respond to Government's requests for service under this Contract on a twenty four (24) hour per day basis.

b. Contractor shall ensure two (2) Tugs are continuously available on a twenty four (24) hrs/day, seven (7) days/week, 365 days per year basis.

c. After receiving a request for service from an authorized Government official, the Tug shall be fully crewed and ready for service in accordance with the following response times:

(1) Contractor shall respond within four (4) hours of the Government’s request for typical / routine service. This response requires that the Tugs must be fully operational and transited to a rendezvous location specified by the Government with all necessary preparations for readiness completed.

(2) Contractor must respond within one (1) hour of the Government’s request to maneuver an affected ship in an emergency situation. This response requires that the Tugs must be fully operational and transited to a rendezvous location specified by the Government with all necessary preparations for readiness to commence emergency tow completed.

d. Availability and response times:

Time Required Response Daily Hire: Tugs shall be on stand-by, and shall be available

24 hrs/day, 7 days/week.

Within 1 hour

Regular Callout: All Callout hours, through 100 hours.

Typical Callout hours will be between 0600-1600 hours local time, Monday through Friday, with flexibility to start outside of those hours to accommodate unusual vessel arrival and departures times.

Within 4 hours

Overtime Callout: All Callout hours in excess of Regular Callout hours (101+ hours).

Within 4 hours

e. Schedule of Estimates:

Period Total Estimated Regular Callout Hours Per Year

(for all Tugs) Firm Period 100 Option Year One 100 Option Year Two 100 Option Year Three 100 Option Year Four 100

13. RATE STRUCTURE

This Contract has a daily hire rate structure as follows:

a. DAILY HIRE RATE STRUCTURE

(i) Daily Hire: Except as otherwise provided herein, the daily hire rate shall be considered payment in full for all services of the Tug 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.

(ii) Regular Callout: The Regular Callout rate is the hourly differential rate to be added to the daily hire rate, shall cover all costs for operating the vessel during the regular operating period for the estimated hours (not to exceed 100 per year), and shall be pro-rated to the nearest quarter-hour. This 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.

(iii) Overtime Callout: The Overtime Callout rate, if offered, is equivalent to the Regular Callout rate for operating the vessel, shall cover all costs for operating the vessel during the overtime operating period for the hours in excess of the estimated hours (101 and greater), and shall be pro-rated to the nearest quarter-hour.

14. REQUEST FOR SERVICES

a. Requests for services within the scope of this Charter Party contract may be issued by:

(1) Contracting Officer; or

(2) Port Operations Officer, or his / her designee; or

(3) Contracting Officer Representative (COR).

(4) Radiological Emergency Response Organization (RERO) Representative (for response to an emergency situation ONLY)

15. OFF HIRE

a. 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 Tug 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 clause contained herein; or deviation for the purpose of landing any ill or injured person on board other than any passenger, supercargo, or military person who may be carried at Government’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 Tug is again, at a position not less than favorable to the Government than that at which such loss of time commenced, ready and in a fully efficient state to resume her service. Should the Tug deviate or put back during a voyage contrary to the orders or directions of the Government 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 Government 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 Government 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. If missions missed, regardless of the amount of time lost, the hire for the time lost and any cost for extra fuel, if any, shall be reduced for such period. Off hire is on a per tug basis. Offeror may be allowed to substitute a vessel in accordance with the Substitution clause.

b. Costs for Owner.

The cost of fuel consumed while the Tug is off-hire, as well as 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 Tug is bound, shall be borne by the Owner. All fuel used by the Tug being driven into port or to shallow harbors or to rivers or ports with bars, the delay of the Tug and / or expenses resulting there from shall be for the Government's account.

c. Delays/Excessive Fuel Consumption.

If upon any passage the Tug 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 Tug 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. If missions missed, regardless of the amount of time lost, the hire for the time lost and any cost for extra fuel, if any, shall be reduced for such period.

16. LOSS OF VESSEL

Should a Tug be either lost or missing, or become a constructive total loss, the remaining portion of the Charter for such Tug shall terminate and hire shall cease to be payable at the time of the loss, 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.

17. PASSENGERS, SUPERCARGO AND GOVERNMENT REPRESENTATIVES:

a. Government’s Option. The Government shall have the option of carrying passengers, assigning officers and/or enlisted personnel aboard the Tug for duty purposes and appointing supercargo (supercargo as used herein is both plural and singular) as far as accommodations and inspection certification allow and in accordance with COMSC Instruction 3120.19 as amended. If supercargo remains onboard for over twenty four (24) hours, Government shall, in accordance with the Pass Through Reimbursable clause of this Statement of Work, pay an amount of $30.00 per day, per person, covering all expenses including accommodations and victualling. Owner shall victual all other U.S. Government representatives, pilots, and Customs Officers when authorized by Government. Government shall pay $7.00 per meal for all such authorized and approved victualling provided as a result thereof.

b. Military Personnel. In addition to the carriage of personnel noted in subparagraph above, Government shall have the option to assign other military personnel aboard the Tug. Such personnel are not to require victualling or berthing facilities from the Tug unless requested by the military commander onboard, in which case the Owner will, in accordance with the Pass Through Reimbursables clause, be reimbursed out-of-pocket expenses not to exceed the amount per person per day set forth in the subparagraph above.

Government will supply life floats and jackets for the use of military personnel carried aboard the Tug during the Charter period. Such items are to be removed by Government at termination of Charter.

c. Government's Liability. The Government shall be liable to the Owner for loss of the Tug’s fittings or appurtenances or any damage to the Tug, her fittings, or appurtenances caused by the act of passengers, supercargoes, evacuees, or military personnel in the embarkation or carriage, or debarkation of passengers, supercargoes, evacuees, or military personnel to the extent such loss or damage is not payable under the Tug's insurance policies. However, the Government shall only be liable for such damage unless written notice specifying such damage and, if obtainable, the name of the party or parties causing such damage shall have been given to the Government or its authorized representative within a reasonable time.

Payment for any such loss or damage shall be by agreement of the parties and failure to agree shall be resolved under the FAR clause 52.212-4 (d) Disputes.

18. INSURANCE

a. General.

During the full period of the Charter Party, Owner shall maintain a Certificate of Insurance, which shall be furnished upon delivery of the first Tug, evidencing the insurance coverage listed below. The expense for such insurance coverage shall be for the Owner's account and shall be deemed to be included in the rates payable under this Contract.

b. Broad Form Owner’s Liability Insurance (including damage to the Tow) on each Tug performing under this Contract in the amount of generally accepted industry standards, with trading limits adequate for the services contemplated herein;

c. Owner’s Protection and Indemnity Liability Insurance on each Tug performing under this Contract in the amount generally accepted industry standards, with trading limits adequate for the services contemplated herein;

d. Hull and Machinery Insurance on the Tug(s) performing under this Contract, with trading limits adequate for the services contemplated herein.

e. Government Personnel Insurance Training.

Insurance shall cover hands-on operation of the vessel equipment by Government personnel while training to operate the vessel under the Emergency Situations and Training clause.

f. Limitation of Liability.

Except as otherwise specifically provided herein, the Government shall not be liable for any loss, damage, expense, cost, deductibles or liability whatsoever and howsoever incurred by the Owner or Tug, or which are imposed upon Owner or Tug by operation of law. Any amount due to the Owner under this section shall be subject to set off by Government to the extent of any amount recovered under insurance carried by Owner, or to the extent of any amount recoverable under insurance required by subparagraph above.

g. Notification of Government.

Owner shall, to the maximum extent practicable, keep the Government, through the Contracting Officer, currently informed in writing as to the potential vitiation, suspension, lapse, or termination of any of Tug's insurance policies as a consequence of this Charter Party. All policies shall contain an endorsement stating that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the Contractor provides written notice of the same to the Contracting Officer.

h. Government Named Insured.

The United States of America shall be named as an additional insured with waiver of subrogation under the

Broad Form Owner’s Liability Insurance policy, the Owner's Protection and Indemnity Liability Insurance (P&I) policy, and the Hull and Machinery Insurance policy (and the Increased Value policy if applicable).

19. FUEL AND PORT CHARGES

a. FUEL.

(1) Delivery Bunkers.

Upon delivery of the Tug, 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 Government shall pay for the on-hire bunker survey if performed by an independent surveyor and required by the Contracting Officer.

(2) Provision of Fuel.

(a) The Government shall ordinarily supply or cause to be supplied any or all of the DFM (F76) grade fuels required by the Tug during the period of this Charter.

(b) For charters six months or more, the Government shall be responsible for any fuel testing.

(c) For charters less than six months, the Owner shall be responsible for any fuel testing.

(d) Testing, laboratory confirmation of compatibility and specifications of newly on-board delivered fuel shall constitute acceptance by Owner.

(e) The Tug 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 Tug at his own expense, the Government shall reimburse the Owner the reasonable expenses of such loading.

(3) Owner's Purchase of Fuel.

(a) Owner shall, if directed by the Government, purchase fuel for the Vessel, in which case the

Government shall in accordance with the Pass Through Reimbursables clause, reimburse the Owner the price paid for all fuel (excluding lube oils) procured by the Owner and loaded in the Tug during period of this Charter. Such direction of the Government shall be limited to individual fuel purchases and the total amount reimbursable by the Government for purchase of fuel and any reasonable expenses for loading the fuel aboard the Tug(s) s shall not exceed the funding obligated and available under the fuel CLIN or subCLIN at the time the fuel is purchased.

(b) Reimbursement shall be paid only upon presentation of properly certified vouchers, supporting receipts, and other documentation, which justify the charges as fair and reasonable. The Owner shall in no event be reimbursed any amount in excess of the current market price of such fuel and reasonable expenses. The title to all fuel of which the Owner is entitled to be reimbursed hereunder shall automatically pass to and vest in the Government upon delivery to the Owner or upon the happening of any other event by which title passes from the vendor or supplier thereof to the Owner. The Government shall be afforded all benefits of Owner's contracts for its fuel requirements.

(4) Off-Hire - Fuel.

If the Tug should go off-hire during the period of this Charter, the Owner shall present to the

Contracting Officer a statement certified by it or its authorized agent showing the amount of fuel onboard at the time the off-hire period commenced and the amount of fuel on board when the off-hire period ended. The Government shall be credited for the cost of the fuel consumed during the off-hire period and reasonable expenses incurred in loading such fuel, with such costs based upon costs at the previous refueling point.

(5) Redelivery.

Upon redelivery of the Tug, the Government shall ensure that the amount of fuel on board the tug is equal to the amount on board at delivery. The Owner shall present to the Contracting Officer a statement certified by the Owner or its authorized agent showing the amount of fuel on board at the time of redelivery. A bunker survey conducted by an independent bunker surveyor approved by the Government shall be performed at the port of redelivery or such other place, as the Government shall direct, at Owner's time and expense.

(6) Reasonable Expenses.

The term "reasonable expenses" as used in this paragraph, shall mean all reasonable direct expenses paid, excluding crew overtime, which are necessarily incurred in loading said fuel on board the Tug such as: expenses incurred at tanker terminal; loading fuel from lighters, barges or lighters, including lighterage, lighter demurrage, or detention incurred; shifting lighters for the convenience of the Tug;

handling lighter lines; and such similar expenses which the Government shall find were necessary to pay for the loading of fuel on the Tug(s) during the period of this Charter.

20. PASS THROUGH REIMBURSABLE

a. The Government will reimburse the Contractor only for the actual price paid for those supplies and services that are expressly identified as 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 included 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 anyway associated with the Contractor's purchase or…