N62387-15-R-2017.pdf

CODE

(Hour)

PAGE(S)

until 03:00 PM local t ime 26 Feb 2015

X

A X B X C X D

EX

X

G F 74 - 90

91 - 97 X H 98 - 100

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

1 100

(If other than Item 7)

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

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

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

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N00033 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

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

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 23

I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

24 - 31

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

33 - 35

36 - 38 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 39 - 44 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 45 - 72 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

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

PART II - CO NTRACT CLAUSES

MILITARY SEALIFT COMMAND WASHINGTON D.C.

914 CHARLES MORRIS COURT SE

WASHINGTON NAVY YARD DC 20398-5540

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

26 Jan 2015

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N62387-15-R-2017

Section A - Solicitation/Contract Form

SECTION A

MSC CONTRACT N62387-15-R-2017

SPECIAL TIME

UNDER FAR PART 15

1. This Request for Proposals (RFP) is a solicitation for offers to perform a Charter Party (the “contract” or

“Charter”) in accordance with the terms and conditions herein.

2. The Charter, when awarded, will consist of the completed Standard Form SF-33, this Preamble, the Box format, included in Section B, and Section B, “Supplies or Services and Prices” through Section J, “List of Attachments,” and the attachments themselves.

3. The signature of the Contracting Officer on the SF-33 signifies acceptance of the Contractor’s proposal and award of the Charter. The SF-33, the Box format and Sections B through J 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 solicitation and those in an Offeror’s proposal, this solicitation shall control, unless the Offeror clearly indicates that it has offered terms and conditions inconsistent with this solicitation and the Government has accepted the changed terms and conditions. All references to boxes in Section B through M shall be to the Box format unless otherwise stated.

4. Each part and each portion of each part 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.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Period Charter Hire

FFP

FOS: $_____/ day ROS (<10 days): $_____ / day ROS (>10 days): $_____ / day FOB: Destination

NET AMT

Base Period Reimbursables

FFP

Option Period One Charter Hire

FFP

FOS: $_____/ day ROS (<10 days): $_____ / day

Option Period One Reimbursables

Option Period Two Charter Hire

FFP

FOS: $_____/ day ROS (<10 days): $_____ / day

Option Period Two Reimbursables

Option Period Three Charter Hire

FFP

FOS: $_____/ day ROS (<10 days): $_____ / day

Option Period Three Reimbursables

Option Period Four Charter Hire

FFP

FOS: $_____/ day ROS (<10 days): $_____ / day

Option Period Four Reimbursables

SECTION B

SECTION B

B-1 BOX FORMAT

Vessel(s):

Owner, DUNS, CAGE, TIN (and TIN of parent, if applicable):

Solicitation Number (date):

Contract Number (date):

TBD

1. Vessel Required:

See RFP Section C

2. Place/Range of Delivery:

US East Coast, as mutually agreed to by the parties.

3. Place/Range of Redelivery:

US East Coast, as mutually agreed to by the parties.

4. Charter Period

Firm Period = one (1) year Option Period 1 = one (1) year Option Period 2 = one (1) year Option Period 3 = one (1) year Option Period 4 = eleven (11) months

5. Lay Days:

On or about 01 October 2014

6. Terms/Conditions/Attachments added, deleted or modified:

7. Vessel/Flag/Year Built: 8. Proposal Firm Until:

UNLESS OTHERWISE SPECIFIED, PROPOSAL IS

FIRM IN ACCORDANCE WITH RFP SECTION L-3.7.

9. Amendments Acknowledged (amendment numbers and dates)

10. Owner (style, address, phone, cell phone, pager, e-mail, fax) 11. Broker (address, phone, e-mail, fax)

12. Remittance address for hire (if other than box 10)

13. - 17. RESERVED

PER DIEM RATES

FIRM PERIOD

FULL OPERATIONAL STATUS

RATES

REDUCED OPERATIONAL

STATUS RATE

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS

RATE

(ROS 10 DAYS AND LONGER)

18A. USD per diem 19A. USD per diem 20A. USD per diem

FIRST OPTION PERIOD

FULL OPERATIONAL STATUS

RATES

REDUCED OPERATIONAL

STATUS RATE

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS

RATE

(ROS 10 DAYS AND LONGER)

18B. USD per diem 19B. USD per diem 20B. USD per diem

SECOND OPTION PERIOD

FULL OPERATIONAL STATUS

RATES

REDUCED OPERATIONAL

STATUS RATE

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS

RATE

(ROS 10 DAYS AND LONGER)

18C. USD per diem 19C. USD per diem 20C. USD per diem

THIRD OPTION PERIOD

FULL OPERATIONAL STATUS

RATES

REDUCED OPERATIONAL

STATUS RATE

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS

RATE

(ROS 10 DAYS AND LONGER)

18D. USD per diem 19D. USD per diem 20D. USD per diem

FOURTH OPTION PERIOD

FULL OPERATIONAL STATUS

RATES

REDUCED OPERATIONAL

STATUS RATE

(ROS LESS THAN 10 DAYS)

REDUCED OPERATIONAL STATUS

RATE

(ROS 10 DAYS AND LONGER)

18E. USD per diem 19E. USD per diem 20E. USD per diem

21. Indicate crewing arrangements during ROS (Less Than 10 Days) and ROS (10 Days and Longer):

22. Other Costs:

22. Other Costs (continued):

Cancellation Fee: The Contractor and Government agree the purpose of this clause is to induce the Contractor to offer to and to provide the required services when the Contractor otherwise would not offer to provide them because of the Contractor's inability to recover its out-of-pocket costs in the event the Government does not exercise an option to extend the term of the contract or terminates the contract for the convenience of the Government.

In the event the Government does not exercise an option to extend the term of the contract or terminates the contract for convenience, the Contractor shall be entitled to not-to-exceed cancellation costs subject to the following conditions and according to the following schedule:

Prior to Delivery (of vessel or layberth) $ 0.00 During Fixed Performance Period $ 0.00 During 1st Option Performance Period $ 0.00 During 2nd Option Performance Period $ 0.00 During 3rd Option Performance Period $ 0.00 During 4th Option Performance Period $ 0.00

"Cancellation costs" means, and only means, costs specifically identified by the Contractor in its proposal and actually incurred by the Contractor between contract award and vessel delivery to the Government including, and limited to, the following categories of costs: costs incurred by the Contractor for vessel acquisition and modification or conversion costs, and only to the extent such modification, or conversion costs were incurred in order for the vessel to meet contract requirements. The Government will ensure it has sufficient working capital funds for these cancellation costs.

When requesting payment of cancellation costs, the Contractor shall provide evidence satisfactory to the Contracting Officer verifying that Contractor actually incurred the specified categories of cancellation costs prior to delivery of the vessel to the Government and the amount thereof.

The cancellation costs must be reasonable, allowable, and allocable to the contract. The Government will not be obligated in any event to reimburse the Contractor for the specified categories of cancellation costs in excess of the amount allotted in the schedule above for each contract period regardless of anything to the contrary in the clause entitled

"Termination for Convenience of the Government." The Contractor agrees that payment of the specified cancellation costs according to the schedule above for any contract period fully compensates the Contractor for the specified categories of cancellation costs. The Contractor waives any right it may have to claim any additional costs for the specified categories of cancellation costs in the event such cancellation costs become payable, whether as a result of a termination for convenience or as a result of the Government's failure to exercise an option. As used in this clause, the total amount payable by the Government for the specified categories of cancellation costs in the event the Government does not exercise an option or terminates the contract for convenience is as set forth in the schedule above.

This clause does not limit the rights of the Government under the clause entitled "Default" or under the clause entitled "Termination for Convenience of the Government."

Note: Pursuant to 10 USC§2401, the Government is prohibited from entering into a vessel lease or charter that contains a substantial termination liability. Offerors who submit substantial termination liabilities will not be considered for award. A substantial termination liability is defined by the statute as:

i. An agreement by the U.S., under the contract, to pay an amount greater than 25% of the value of the vessel for the termination liability; or

ii. An agreement by the U.S., under the contract, to pay an amount greater than 50% of the value of the vessel for the sum of the termination liability and the value of the total payments attributable to capital-hire.

LAYDAYS PROPOSED

23. Laydays Proposed: 24. Estimated Readiness Date:

GENERAL

25. Vessel type and, if applicable, MARAD design type: Subchapter I MSV

26. Place built: 27. Year built:

28. INMARSAT Ident.: 29. Vessel's e-mail/Fax:

30. Call Letters: 31. Official number:

32. Net registered tonnage: 33. Panama Canal tonnage:

34. Gross registered tonnage: 35. Suez Canal tonnage:

36. Beam (extreme): 37. Length Overall:

a. (ft) b. (m) a. (ft) b. (m)

38. Reserved

39. Length between perpendiculars:

a. (ft) b. (m)

40. Summer mean draft:

41. Reserved a. (ft) b. (m)

42. Displacement, loaded (on draft in Box 34): 43. Summer Load Line Freeboard:

a (LT) b. (M) a. (ft) b. (m)

44. Shaft Horsepower/kilowatts 45. Brake Horsepower/kilowatts

a. (hp) b. (Kw) a. (hp) b. (kW)

46. Nationality of Master/Officers/Crew: 47. Number of persons other than crew that can be carried:

48. Classification society entered and class assigned:

49. Insured value of vessel (USD) 50. Vessel’s present position/destination:

51. Last dry-dock date (mm/dd/yy): 52. Next dry-dock date (mm/dd/yy):

53. MARAD subsidized vessel: Yes No

GEAR

54. Number/location/SWL capacity of winches, derricks, booms, and cranes

CASUALTIES/DEFICIENCIES

55. Has vessel been involved in any serious grounding or collision within a period of twelve months from the submission date of this proposal? (include full description if "yes")

56. Are any deficiencies lodged by any regulatory body outstanding against the Vessel (include full description if "yes")

FUEL CONSUMPTION AT SERVICE SPEEDS

57. Average warranted speed (knots, for laden, moderate weather) 58. Reserved.

59. Average fuel consumption (net bbls at 60 deg F and grade(s): for laden, moderate weather passage as speed identified in Box 57)

60. Average fuel consumption underway at loiter/anchor(net bbls at 60 deg F and grade(s))

61. Auxiliaries underway fuel consumption (net bbls at 60 deg F and grade(s), only if not elsewhere identified)

62. Inport fuel consumption (net bbls at 60 deg F and grade(s))

FUEL CONSUMPTION AT VARIABLE SPEEDS

63. Average fuel consumption (net bbls at 60 deg F for all grades and all engines/auxiliaries utilized while underway over moderate-weather passages

63A: Grades Consumed:

63 B. LADEN TO SUMMER MARKS

Knots

(NM)

Net bbls per mile

Net bbls per day

Operating Range

01> 02>

03> PLEASE COMPLETE BOX 63B IN ENTIRETY

04> 05> 06> 07> 08> 09> 10> 11> 12> 13>

14> 15>

FUEL GRADE

64. Minimum vessel fuel specifications

Box # CONTINUATION

B-2 CHARTER HIRE

B-2.1 Hire Rates. Charter hire for services under this Charter Party shall be payable at the applicable rates stipulated in Boxes 18–20 and shall be earned at the expiration of each fifteen (15) days of the charter period. Except as otherwise provided herein, said hire rates shall be considered payment in full for all services of the Vessel and Associated Equipment under this Charter including all overtime, 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. Said hire rates are exclusive of the costs of fuel and port charges, which are addressed at Section H-20 (Fuel) and H-30 (Port Charges and Expenses), respectively.

B-2.2 Loss of Vessel. Should the Vessel be either lost or missing, or become a constructive total loss, this

Charter shall terminate and hire shall cease to be payable at the time of her loss or, if said time is unknown, at the time of the Vessel’s last received communication. If the Vessel should be off hire or missing when a payment of hire would otherwise be due, payment shall be made for all hire due for the charter period until the Vessel was lost or the last communication was received. Thereafter, payment shall be postponed until the off-hire period ceases or the safety of the Vessel is ascertained, as the case may be.

B-2.3 CLIN STRUCTURE. The CLIN structure may be unilaterally changed by the Government at award to accommodate the funding format.

FUNDING INFORMATION ONLY

(To be completed by the Government at contract award)

CLIN DESCRIPTION AMOUNT

0001 VESSEL CHARTER HIRE FIRM PERIOD

FOS Rate: $ / day ROS <10 days Rate: $ / day ROS >10 days Rate: $ / day

0002 REIMBURSABLE COST FIRM PERIOD

0003 VESSEL CHARTER HIRE OPTION 1

FOS Rate: $ / day ROS <10 days Rate: $ / day ROS >10 days Rate: $ / day

0004 REIMBURSABLE COST OPTION 1

0005 VESSEL CHARTER HIRE OPTION 2

FOS Rate: $ / day ROS <10 days Rate: $ / day ROS >10 days Rate: $ / day

0006 REIMBURSABLE COST OPTION 2

0007 VESSEL CHARTER HIRE OPTION 3

FOS Rate: $ / day ROS <10 days Rate: $ / day ROS >10 days Rate: $ / day

0008 REIMBURSABLE COST OPTION 3

0009 VESSEL CHARTER HIRE OPTION 4

FOS Rate: $ / day ROS <10 days Rate: $ / day ROS >10 days Rate: $ / day

0010 REIMBURSABLE COST OPTION 4

Section C - Descriptions and Specifications

SECTION C

SECTION C

C-1.0 GENERAL

C-1.1 Scope of Work/Mission: The following paragraphs describe the general scope of the Performance Work Statement.

C-1.2 Mission: The vessel shall serve as host/support ship for at-sea operations conducted by the Naval Surface Warfare Center Panama City (NSWC-PC). At-sea operations shall include deployment and recovery of inert or live mines and test instrumentation and objects, the tow of surface and submerged vehicles, housing and support of test data acquisition equipment and personnel, deployment and recovery of subsea equipment, Remote Operating Vehicle (ROV) operations, and on-station monitoring. The vessel shall be required to follow computer generated track lines while towing sonars or other towed systems. The vessel shall be required to accurately hold station while subsea equipment is deployed or recovered using the vessel’s crane from its stern. The vessel shall be required to hold station while an ROV is being deployed and operated over the side of the vessel.

C-1.3 Operational Support: Services shall include, but not be limited to the following:

a. Deployment and recovery of up to fifty (50) inert or live mines and test instrumentation and objects

b. Tow of surface and submerged vehicles

c. Housing and support of test data acquisition equipment and personnel

d. Deployment and recovery of subsea equipment/systems

e. Remote Operating Vehicle (ROV) operations

f. Guard Duty (for guarding shallow targets in an area in the Gulf of Mexico)

C-1.4 Operational Control (OPCON): Naval Surface Warfare Center Panama City (NSWC-PC).

C-1.5 Area of Operations: The vessel will operate in the Panama City, FL area out 60 miles for 90% of the time.

The remaining 10% of operational time may require the ship to operate away from Panama City, FL in locations such as Corpus Christi, TX in the Gulf of Mexico, Norfolk, VA in the Atlantic Ocean out 200 miles, the Florida Keys, Bahamas, or other distant locations.

C-1.6 Estimated Operating Tempo Scenario (One-Year Period): 24 hours a day, seven days a week, whether at sea or in port:

a. Percent of time underway at less than 15 knots: 15%

b. Percent of time at anchor: 5%

c. Percent of time underway 15 knots or greater: 20%

d. Percent of time in port: 60%

A typical operation scenario requires the vessel to conduct the evolution underway and return to the Naval Support Activity (NAVSUPPACT) to offload. Pier side load-outs and offloads are accomplished by the Government utilizing the crane support assets at the NAVSUPPACT during regular working hours. The nature of Research, Development, Test, and Evaluation (RDT&E) missions often results in unexpected program delays. The majority of operations are daily where the vessel gets underway from the NAVSUPPACT in the morning and returns that afternoon. Deep water and remote operations, when the transit time is excessive, require the vessel to remain at-sea for the duration of the evolution, which is about 4 to 5 days or longer. While staying underway for 24 hours, 18-hour workdays supporting NAVSUPPACT personnel are normal. It is approximately 7 nautical miles (NM) from the NAVSUPPACT berthing facilities to the Gulf of Mexico. At least a quarter of daily operations’ underway time will be transiting to and from the operation area. Transit speed is limited only by safe navigation requirements.

C-1.7 Ship Clearances: The Government will secure diplomatic clearances and operational area clearances when and where required.

C-1.8 Ship Certification: The vessel shall be certified by the United States Coast Guard for the services that she will be engaged in and classed by a recognized classification society (ABS or equivalent).

C-2.0 VESSEL REQUIREMENTS

C.2.1 Vessel Characteristics: Minimum LOA of 145 ft.

C-2.2 Flag: The vessel shall be a Jones Act-qualified, U.S. Flagged vessel.

C-2.3 Minimum Transit/Towing Speed and Range: 1200 NM at a minimum 20 knots transit speed and 18 knots towing speed.

C-2.3.1 Acoustic Signature Capability: Noise level between 100 Hz and 20 kHz should be less than or equal to 160 (1/3 octave band level in dB relative to 1 micropascal at 1 m).

C-2.3.1.1 Engine Type – To support the acoustic signature capability the vessel shall be equipped with 4 x Cummins KTA 38M2, 5600 HP or equivalent .

C-2.4 Endurance: The vessel shall have sustained underway capability to support operations for twelve (12) people for a period of up to ten (10) days.

C-2.5 Maximum Draft: 12 feet

C-2.6 Minimum Beam: 25 feet

C-2.7 Open Deck Space: The vessel shall have a minimum 50ft by 20ft contiguous open deck space. The deck space shall be free of overhead obstructions with the exception of the crane and A-Frame, when installed.

C-2.8 Government Furnished Equipment (GFE): The vessel shall have sufficient deck strength to load and transport the GFE within the contiguous open deck space in accordance with C-2.8.1. The required GFE for an operation will be unique to that operation and may include: generators, instrumentation vans, and project winches.

The Government will on-load and secure the equipment. The vessel shall have a sufficient number of deck tie down pads available to attach all GFE. The vessel will be restored to its original condition after each mobilization and demobilization. The GFE will be self-sufficient with respect to environmental conditioning and fuel and will be maintained/operated by Government employees. During missions, the vessel’s crane, A-Frame and shipboard winch will be the only equipment operated by the vessel’s crew. The vessel will be required to carry up to fifty (50) various mine-shaped ordnances (live or inert). The contractor will be responsible for installing a Government furnished deck roller and tow gimbal to the stern of the vessel that can be removable and interchangeable.

C-2.8.1 Government Furnished Equipment (GFE) Dimensions:

The Government intends to use the following equipment onboard the vessel. Government equipment will be under Government control and in Government custody for the period of use.

• Weight: 300lbs to 5,000lbs

• Dimensions: Smallest 3' x 2' x 3'; Largest 25' long x 30" diameter

• Shapes: Various mine shapes and sizes/Concrete Clumps

• Generators

• Lab (10 x 20, 10 x 10)

• Instrumentation Vans (8 x 20, 8 x 10 or 8 x 40 MILVAN)

• Project Winches

• Rigid Hull Inflatable Boat (RHIB)

• Remote Operating Vehicle (ROV)

C-2.9 Seakeeping/Station Keeping:

C-2.9.1 The vessel shall have station-keeping ability during Remote Operating Vehicle operations and be able to maintain position within 10-15 meters of launch point for up to 3 hours in Sea State 3.

C-2.9.2 The vessel shall be capable of following a track line at 4 knots with a cross track error of + or – 3 meters in a Sea State 3 while towing various sonars or arrays.

C-2.9.3 The vessel shall be capable of launching a twenty-five foot Rigid Hull Inflatable Boat (RHIB) in up to a Sea State 3.

C-2.9.4 The vessel shall be capable of deploying and recovering inert or live mines and test instrumentation and objects within 3 meters.

C-2.10 Deck Equipment:

C-2.10.1 Crane and A-Frame: The Contractor shall provide a stern crane with a minimum reach capacity of 30 feet while lifting 4,000 lbs Safe Working Load (SWL). The reach must extend at least 5 feet outboard of the stern of the ship. A mobile crane is not acceptable. The Contractor shall also provide a removable A-Frame capable of lifting 5,000 lbs on the back deck of the vessel. The Crane and A-Frame must be weight tested and certified annually. The contractor must provide a trained and qualified operator(s).

C-2.10.2 Winch with Capstan: The Contractor shall supply one winch with capstan rated at no less than 5 tons for various pulling operations such as towing or lifting objects to and from the vessel, ship moorings, or other similar applications. The Contractor will also supply required capstans and standard deck equipment required for mooring, anchoring, warping, and casting off.

C-2.10.3 Facilities: The vessel shall have the capability of having pad eyes installed on it for securing test equipment to the deck. The vessel must have an air-conditioned area on or near the ship’s bridge in which GFE tracking equipment will be installed. Vessel must also be capable of re-fueling (diesel) GFE generators on deck.

C-2.10.4 Hazardous Material (HAZMAT): The Contractor shall provide an Occupational Safety and Health Administration (OSHA) approved HAZMAT locker/cabinet and maintain a Material Safety Data Sheets (MSDS) file for all cleaning solutions, oils, hydraulics, greases and other HM material as required.

C-2.10.5 Fresh Water: The vessel shall supply 250 gallons of fresh water on the back deck daily for miscellaneous use.

C-2.10.6 Communication Equipment: The vessel shall have all required U.S. Coast Guard (USCG) and Federal Communications Commission (FCC) approved equipment, e.g., HF Radio and VHF Radio for a vessel of its class.

In addition to equipment required by the USCG, Vessel shall be equipped upon commencement of the Charter with the following minimum communications capability:

• Internet access to include commercial email capability.

C-2.10.7 Navigation Equipment: The vessel shall have radar capable of observing targets within a 30 mile range with a map overlay capability, an accurate fathometer, and station keeping ability in accordance with C-2.9. The vessel shall have standard equipment for safe navigation.

C-2.10.8 Electrical Power: The vessel shall provide 100 amp (60hz, 1ph/3ph) services for 110v, 208v, and 480v electrical power on the stern and 110v electrical power in the house of the ship.

C-2.11 Personnel:

C-2.11.1 Contractor Personnel: The Contractor shall provide a point of contact that shall be available to discuss work performed under this contract during the normal working day and periods of underway time. The Owner warrants that the Vessel shall have an efficient and legally sufficient complement of Master, Officers, and crew with adequate training and experience in operation of all of the Vessel's equipment. The Master, Officers, and entire crew shall be U.S. citizens, speak English, and possess valid and current certificates, licenses, and documents. The Master, Officers, and crew of this Vessel shall be appointed or hired by the Owner and shall be deemed to be the servants and agents of the Owner at all times except as otherwise specified in this Charter. The Master of the Vessel shall be under the direction of the Charterer as regards the employment of the Vessel but shall not be under Charterer's orders as regards navigation, care, and custody of the Vessel.

C-2.11.2 Licenses and Certificates: The vessel will be crewed to safely and efficiently operate the vessel, operate deck equipment and small boats, and perform mission operations on a 24-hour basis as described herein. Licensing, Standards of Training, Certification and Watchkeeping (STCW) endorsements, and documentation are required in accordance with USCG regulations as applicable to the vessel’s type, size, class, and service. The Master, officers, and crew shall possess valid and current licenses, certificates, and documents for the capacity in which each is employed. At all times while underway, the Contractor shall have at least one shipboard employee aboard who has USCG recognized first aid and CPR certification within the past 12 months. All transportation costs for crewmembers shall be to the Contractor’s account.

C-2.11.3 Transportation Worker Identification Credential (TWIC) Requirement: In accordance with 33 CFR 101, all crew members must possess a TWIC card and have the ability to obtain RAPID GATE credentials.

C-2.11.4 Conduct of Master Officers and Crew: If the Government shall have reason to be dissatisfied with the conduct of the Master, Officers, or crew, the Contractor shall, on receiving particulars of the complaint from the Contracting Officer, investigate the matter and, if necessary, make a change in personnel.

C-2.11.5 Operational Responsibilities: The Master of the vessel shall be responsible at all times for the safety of the vessel and all on board. The Master of the vessel shall be responsible for meeting overall schedule requirements.

The Master of the vessel shall be under the direction of the Senior Government Official with regards to the employment of the vessel, but shall not be under orders in regards to safe navigation, care and custody of the vessel, and care and safety of equipment, gear, and persons onboard.

C-2.11.6 Functional Relationship: A healthy functional relationship between the Contractor personnel (officers and crew) and the Government is extremely critical. It is essential that the Contractor personnel and Government appreciate their individual responsibilities and dependence upon each other for attainment of the overall objective.

A cooperative partnership between the two entities must be maintained at all times. The attitude of the partnership developed between the two must extend to and be shared by all concerned. Contractor personnel and Government shall jointly prepare for all operations concerning the vessel.

C-2.11.7 Irreconcilable Differences: Irreconcilable differences between shipboard personnel and the Government regarding operations or other matters arising under this charter shall be fully documented and reported, by letter, message, or E-mail as appropriate, to the Contracting Officer for resolution.

C-3.0 OPERATIONAL RESPONSIBILITIES

C-3.1 Deck Equipment Preservation: The Contractor shall ensure all deck equipment is maintained in a working condition at all times.

C-3.2 Operation of Systems: The Contractor shall operate all platform systems to provide main and auxiliary propulsion, navigation, maneuvering, deck operations, and services to the Government to support the mission equipment, the unit’s hotel services, and emergency operations.

C-3.3 Live Fire (Ammo/Mine) Handling and Operations: The ship’s crew will provide transportation, crane operation and serve as support personnel to supplement the Government’s certified ammunition handlers during ammunition loading and offloading operations. For the purposes of this contract, the ship’s crew shall be considered working party personnel in accordance with OPNAVINST 8023.24B dated 16 March 2010. The crew will not be required to obtain ammunition handling qualifications; however, they shall attend comprehensive safety briefs prior to their assignment as support personnel for ammunition handling operations. The crane operator, either crew-or Government-provided, shall be a qualified crane operator and must possess a certificate documenting this qualification.

C-3.4 Lifesaving Equipment/Drills: The Contractor shall operate all lifesaving support systems in accordance with manufacturer’s instructions at the time intervals and frequencies as required. Lifesaving support systems include, but are not limited to life rafts, davits, winches, and boat engines. The Contractor shall conduct all regulatory drills required. Government personnel will participate in all regulatory drills.

C-3.5 Vessel Modifications: The Government may modify the vessel to meet new or changing mission requirements at its discretion. The Government will either task the Contractor to perform the modifications, task the Contractor to subcontract for the modifications as a reimbursable item, or undertake the modifications itself. Any and all equipment put aboard as a result of the modifications will be GFE. All GFE will be removed prior to the vessel’s redelivery at the expense of the Government, unless otherwise agreed to. The Contractor may not modify the vessel without approval of the Contracting Officer. Any approved modifications will be fully tested and verified by the appropriate Government authority. Unforeseen structural modifications that are mission related and affect the vessel’s class or certifications may be required. The costs of Government directed modifications and the costs to restore the vessel to its original class or certification at award and as required by this contract shall be borne by the Government.

C-3.6 Sponsor Berthing/Living Spaces: Shipboard personnel will consist of 10 to 12 people. No more than four

(4) personnel will occupy a stateroom. No special berthing arrangements are required beyond providing male/female segregation. Curtained-off bunks are acceptable.

C-3.7 Food Service/Snacks/Laundry for Government Personnel: The Contractor shall provide three (3) galley-prepared cafeteria style meals and hotel services for up to twelve (12) embarked Government/Contractor personnel when not in port (unless specifically requested). Food provided to the Government shall have the most reasonable attainable degree of variety, quality, quantity, and nutritional value. The cost of meals and hotel services for the 12 embarked Government personnel shall be included in the contractor’s fixed price. Meal items at a minimum shall consist of the following:

C-3.7.1 Breakfast – Eggs/omelets, breakfast meat (one), fruit, donuts, bagels or sweet rolls, toast, hot or cold cereal, fruit juice, coffee, soft drinks, tea, milk and bottled water.

C-3.7.2 Lunch – One sandwich type (hamburger, tuna salad, grilled cheese, etc); two entrees (of which one shall be hot and consist of meat); vegetables, rice/potatoes, coffee, soft drinks, tea, milk and bottled water.

C-3.7.3 Dinner – Three entrees (of which two shall be hot and consist of meat), vegetables, rice/potatoes, dessert, coffee, soft drinks, tea, milk and bottled water.

C-3.7.4 Snack Foods. The Contractor shall provide snack foods and bottled water for Government personnel.

Snack foods shall include foods such as cheese and crackers, fresh fruit, peanut butter and jelly, cookies or brownies, popcorn, ice cream, potato chips, etc.

C-3.7.5 Food Service for Additional Government Personnel. The Contractor shall provide galley prepared food service for additional personnel not permanently assigned to the vessel. It is the responsibility of the Contractor to collect for these meals. Breakfast shall be reimbursed at a not-to-exceed price of (US) $5.00 and lunch and dinner at a not to exceed price of (US) $12.50.

C-3.7.6 Food Service Operations. The Master or the Sponsors medical officer shall conduct weekly inspections of food service spaces and equipment which shall be forwarded to the Master for review and signature. These completed forms will be kept in a file for a minimum of one (1) year and made available for inspection when requested by Government representatives. Periodic Quality Assurance (QA) Inspections of the food service operation will be conducted by Government representatives. These QA visits will include a sanitation inspection using NAVMED Form 6240/1. If the ship’s food service operation fails the sanitation inspection by receiving an unsatisfactory grade, the Government may direct the closing of the galley and secure food service operations until all discrepancies have been corrected. Alternate food service during this period of galley closure will be at the contractor’s expense. Daily and weekly cleaning of all food service operation spaces and equipment shall be done in strict accordance with CFP, ANSI and NSF standards. Provisions of COMSCINST 6000.1 (Series) and NAVMED P-5010 (Series) shall apply.

C-3.7.6.1 Food Handlers. All contractor personnel employed as food handlers shall meet the health and training standards set forth in NAVMED P-5010-1 and ensure they are free from any communicable diseases. All screening shall be documented in the food service employee’s onboard medical record and kept on file for all food service employees currently assigned. The contractor shall be guided by food handling instructions and precautions in accordance with COMSCINST 4000.2 (Series). COMSCINST 6000.1 (Series) and NAVMED P-5010.

C-3.8 Port Operations: The Government will provide all port services unless mission requirements dictate that port services should be procured from other ports that do not have a U.S. Government facility. The Government will reimburse the Contractor if the Government does not provide port services. The primary support point for the vessels is the berthing facilities at the NAVSUPPACT, Panama City, Florida. The nominal depth at the berths is 20ft. Shore power (480v / 240v 3 phase and 115v single phase), diesel fuel, potable water, and sewage/trash removal services are available.

C.3.9 Automated External Defibrillator (AED): The Contractor shall provide sufficient Automated External Defibrillator (AED) units for the vessel’s size and class. All AEDs must be FDA approved and be suitable for shipboard use. The vessel’s medical officer shall be trained to operate and maintain the AED. The AED shall be stored in a location ready for use to ensure that response time to shipboard medical emergencies does not exceed five minutes from any location on the vessel. AEDs shall be stored in a location that is accessible to trained rescuers.

C. 3.10 Information Assurance:

C.3.10.1 Requirement for Contractor Information Assurance (IA) Report: The Contractor shall provide an Information Assurance Report to describe their environment that safeguards DOD non-public information resident on or transiting the contractor's unclassified information systems from unauthorized access and disclosure. Protection measures applied should consider the risks (i.e. consequences and their probability) of loss, misuse, unauthorized access, or modification of information. The report shall address the SANS (SysAdmin, Audit, Network, Security) Institute's Twenty Critical Security Controls for Effective Cyber Defense: Consensus Audit Guidelines (http://www.sans.org/critical-security-controls <http://www.sans.org/critical-security-controls>) and be provided. The contractor is encouraged to provide additional information above and beyond what is outlined in the SANS guidelines to enhance the government's understanding of their information security posture. The report will be updated 30 days prior to exercise of an option period, if applicable.

C.3.10.2 Cyber Security Incidents:

C-3.10.2.1 Reporting Requirements: The contractor shall report to the following Government as soon as possible upon discovery of any suspected cyber intrusion events that affect DOD information resident on or transiting the contractor's unclassified information systems.

1. MSC IA Operations (IA OPs)

2. Email: ia.team@msc.navy.mil

3. Commercial Phone: 202-685-5610

Initial report shall be provided even if some details are not yet available, with follow-on detailed reporting within 72 hours. Reportable cyber intrusion events include the following:

1. A cyber intrusion event appearing to be an advanced persistent threat

2. A cyber intrusion event involving data exfiltration or manipulation or other loss of any DOD information resident on or transiting the contractor's, or its subcontractors', unclassified information systems 3. Intrusion activities that allow unauthorized access to an unclassified information system on which DOD information is resident or transiting Definition of advanced persistent threat: An extremely proficient, patient, determined, and capable adversary, includes two or more of such adversaries working together.

C-3.10.2.2 Incident Report Content:

The incident report shall include, at a minimum, the following information:

1. Applicable dates (date of suspected compromise and date of discovery)

2. Threat methodology (all known resources used such as Internet Protocol (IP) addresses, domain names, copies malware, etc.)

3. An account of what actions the threat(s) may have taken on the victim system/network and what information may have been accessed

4. A description of the roles and functions of the threat-accessed system mailto:ia.team@msc.navy.mil

5. An initial list of potentially impacted government programs and each program's classification

6. What information may have been exfiltrated that may impact government programs

7. A list of all employees and subcontracted employees who work or have worked with the victim system/network

8. A point of contact to coordinate damage assessment activities

C-3.10.2.3 Incident Report Submission:

The contractor will submit unclassified network cyber incident reports to the USTRANSCOM Technical Information Analysis Center (TIAC) and USTRANSCOM designated government personnel via encrypted email or another mutually agreed upon secure communications method. Copies of malware require special handling and pre-coordination must be accomplished prior to submission.

Section D - Packaging and Marking

SECTION D

D-1 PACKING - COMMERCIAL FOR DOMESTIC SHIPMENT

Material shall be packed for shipment in such a manner that will insure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

D-2 PACKING MATERIAL

The use of shredded paper, whether newspaper, office scrap, computer sheets, or wax paper in packing material for shipment to Navy activities is prohibited.

D-3 MARKINGS OF SHIPMENTS

Classified material shall be prepared for shipment in accordance with the Industrial Security Manual, DoD 5220.22M. Outer containers shall not disclose the name of classified matter contained within the envelope or package, even though the name itself may not be classified. If it is necessary that the outer container include or have attached thereto a list of the contents, unclassified code numbers of generic terms shall be used which will not disclose the specific contents. The Contractor shall mark all shipments under this contract in accordance with the edition of MIL-STD129, “Marking for Shipments and Storage” in effect on the date of the solicitation.

Section E - Inspection and Acceptance

SECTION E

E-1 INSPECTION

E-1.1 General

E-1.1.1 The Vessel and Associated Equipment shall be subject to the Government's inspection as to suitability for the required service prior to delivery and subject to subsequent inspections at any time during the currency of this Charter to determine continuing suitability for the required service as well as to determine whether the material condition of the Vessel and Associated Equipment will prevent effective operation during basic and optional periods (if any) of this Charter. Such inspections shall include but not be limited to:

(1) Condition and operability of all cargo handling gear including standing and running rigging, cranes, booms, gantries, and status of regulatory body inspections of same;

(2) Condition and operability of navigation, communication, and environmental-protection equipment and existence of appropriate technical manuals and onboard spares;

(3) Condition (tightness and preservation) of hull, deck plating, superstructure, divisional bulkheads and the operability of ground tackle;

(4) General material condition and maintenance of the Vessel;

(5) Condition, operability, and certification of required safety and firefighting equipment;

(6) Operability and safety of engineering spaces and equipment;

(7) Bunker survey;

(8) Condition of all equipment required under this Charter;

E-1.1.2 The Government further reserves the right to have the Vessel surveyed at any time by an independent surveyor.

E-1.1.3 If in the opinion of the Government Inspector deficiencies exist that preclude the adequacy of the Vessel for the assigned service, a notice for correction will be issued. In the event that the stated deficiencies are not corrected in a reasonable period of time and in the opinion of the Contracting Officer (based upon the recommendation of the Government Inspector and/or the independent surveyor) the Vessel is inadequate for the intended service or unable to operate for the remaining period of the Charter as a result of these deficiencies, the Government reserves the right to cancel this Charter at no cost to the Government at any time during its term or to take any other action available under this Charter Party or authorized by law.

E-1.1.4 The Vessel horsepower shall, if required by the Contracting Officer, be verified by an independent surveyor approved by the Government.

E-1.1.5 The Government may attend factory, operational tests and/or other periodic inspections during the contract period of performance.

E-1.2 Predelivery Inspection. A predelivery inspection of the Vessel may be held at Charterer's option upon the request of the Owner; such inspection shall be of an advisory nature only. At any such inspection, any representation of a Government representative present, or lack thereof, shall not be binding on the Charterer. This inspection shall be conducted, if possible, in a shipyard and on a date mutually agreeable to the Owner and the Government. The Owner will be advised of the condition of the Vessel and Associated Equipment as found by the Inspector. This predelivery procedure is to enable the Owner to correct any deficiencies discovered before the delivery inspection. The results of any predelivery inspection under this Article shall further be without prejudice to any later determinations that the Vessel or its Associated Equipment are unsuitable under this Charter contract, whether made at the delivery inspection or at any time during the currency of the charter period including options if exercised.

E-2 ACCEPTANCE

E-2.1 Acceptance is conditional upon approval by all applicable regulatory bodies and upon the Government’s determination that said vessel is operational in all respects.

E-2.1 Final Acceptance. Final acceptance of all services provided under this contact shall be made only upon certification of the final invoice as defined in the invoicing provisions contained in Section G.

E-3 EXCUSABLE DELAYS/EXCEPTIONS

E-3.1 Excepted events. Neither the Vessel, her Master, the Owner, nor the Charterer shall, unless otherwise in this Charter Party expressly provided, be responsible for any loss or damage or delay or failure in performing hereunder arising or resulting from any act of God; act of public enemies, pirates, or assailing thieves; arrest or restraint of princes, rulers, or people; seizure under legal process provided bond is promptly furnished to release the Vessel; flood; fire; blockade; riot, insurrection, or civil commotion;

earthquake; or explosion. The Vessel shall have the liberty to sail with or without pilots, to tow and to be towed, to assist Vessels in distress, and to deviate for the purpose of saving life or property, or to go into dry dock or into ways with or without cargo, passengers or other personnel, as applicable, on board.

E-3.2 Notification. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

E-3.3 Reservation. The exceptions identified in E-3.1 above shall not be such as affect Owner's warranties respecting the condition of the Vessel, or the Owner's obligations respecting the loading, handling, stowage, carriage, custody, care, and discharge of the cargo. Defaults of subcontractors at any tier or the Owner’s failure to perform due to a labor disruption, labor dispute, or strike shall not constitute excepted events under E-3.1.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A Government N/A Government 0002 N/A Government N/A Government 0003 N/A Government N/A Government 0004 N/A Government N/A Government 0005 N/A Government N/A Government 0006 N/A Government N/A Government

0007 N/A Government N/A Government 0008 N/A Government N/A Government 0009 N/A Government N/A Government 0010 N/A Government N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

SECTION F

F-1 DELIVERY

The Vessel and all Associated Equipment shall be delivered to the Charterer at a port or place in accordance with Box 2 not later than 1600 hours local time at place of delivery on the canceling date stated in Box 5, the Owner giving written notice of readiness 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. Hire shall commence upon acceptance of the Vessel by the Charterer, but not before the commencing date stated in Box 5, unless approved in writing in advance by the Contracting Officer.