15-R-2030_RFP.doc

ITEM NO

Charter Hire

FFP

Charter Hire

FOB: Destination

NET AMT

Lumpsum

Reimbursables

Reimbursables

NET AMT

Lumpsum

Mobilization

Mobilization

NET AMT

Lumpsum

Demobilization

Demobilization

NET AMT

NOTES ON CONTRACT

This acquisition is being conducted under FAR 13.5 Test Program for Certain Commercial Items.

INVOICE INSTRUCTIONS

See clause 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) and the MSC Specific WAWF Instructions provided below as a supplement to 252.232-7003.

The SCHEDULE of Supplies and Services follows as the CLINS and the Performance Work Statement.

BOXES

B-1 BOX FORMAT

Vessel(s):

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

Solicitation Number (date):

N62387-15-R-2030 (26 June 2015) Contract Number (date):

TBD

1. Vessel Required:

See RFP PWS

2. Place/Range of Delivery:

Naval Station Guam

3. Place/Range of Redelivery:

Naval Station Guam

4. Charter Period

About 34 days

5. Lay Days:

Commencing and cancelling on 09 September 2015 at 0800

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

Vessel(s):

THE OFFER IS FIRM UNTIL AN AWARD IS MADE UNLESS WITHDRAWN.

9. Amendments Acknowledged (amendment numbers and dates)

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

13. - 17. RESERVED

Vessel(s):

PER DIEM RATES

21. Reserved

22. Other Costs:

LAYDAYS PROPOSED

23. Laydays Proposed:

24. Estimated Readiness Date:

VESSEL SPECIFICATIONS

Vessel(s):

GENERAL

25. Vessel type and, if applicable, MARAD design type:

a. (ft)

b. (m)

a. (ft)

b. (m)

a. (ft)

b. (m)

a. (ft)

b. (m)

a (LT)

b. (M)

a. (ft)

b. (m)

a. (hp)

b. (kW)

a. (hp)

b. (kW)

48. Classification society entered and class assigned:

No

Vessel(s):

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")

PERFORMANCE WORK STATEMENT

1. GENERAL. The Military Sealift Command requires one vessel capable of providing cable laying. The vessel will be required to sail from NAVSTA Guam to the United States Army Kwajalein Atoll (USAKA)/ Regan Test Site (RTS) in the Republic of the Marshall Islands (RMI).

2. PERIOD OF PERFORMANCE. Period of performance is about 34 days commencing 09 September 2015 through 12 October 2015.

3. PLACE/RANGE OF DELIVERY. Naval Station Guam

4. PLACE / RANGE OF REDELIVERY. Naval Station Guam

5. LAYDAYS. Commencing: 09 September 2015 0800, Cancelling: 09 September 2015 0800

6. EMPLOYMENT OF VESSEL. Charter duration is about 34 days. It is estimated the vessel will be at sea 25 days without port calls. The at sea operations are estimated to consist of:

a. On-hire in Guam

b. Three (3) days load vessel with Government furnished equipment (GFE) in Guam

c. Seven (7) days transit to Kwajalein from Guam

d. Six (6) days of offshore cable operations

e. Four to eight (4 to 8) days weather delay contingency

f. Seven (7) days transit from Kwajalein to Guam.

g. Four (4) days off load GFE in Guam

h. Off-hire in Guam

7. AREA OF OPERATIONS/MISSION. The vessel will operate 32.7 nautical miles (60.6 kilometers)

North of the Kwajalein Island.

a. The mission will require 24-hour cable laying operations. The vessel shall deploy one (1) undersea cabled sensor system provided as GFE.

b. The vessel shall remain in position for an estimated 24 hours during the recovery and splicing of a near shore cable end. The government will perform the splicing. The vessel shall be capable of positioning its stern in 15 meter water and deploying an ROV to grab a cable end marked by an underwater buoy. The cable end shall be recovered on deck. The government will splice the undersea cable system to this recovered end. This hold position is approximately 600 meters from the shoreline.

c. The government provided divers will assist in visually providing feedback of the cables entering an existing horizontally drilled pipe and recovery of trunk cable ends.

d. The cable payout and vessel position will be controlled by the Government.

e. The cable laying speeds of the proposed vessel should be 0.5 to 3.0 knots.

f. The mission will require post cable deployment video inspection of cable down to a water depth of 1,500 meters.

8. VESSEL CHARACTERISTICS/CAPABILITIES. The vessel shall have the minimum following characteristics and capabilities:

Cancelling: 09 September 2015, 0800

1. A table or counter (minimum 3 square meters) to operate available electronic equipment for the entire duration of the operations of the bridge.

2. The work space shall be equipped with heating/air conditioning as appropriate and the electrical power.

3. The work space shall provide adjacent bridge penetrations for GFE cable runs from the deck and one (1) GFE antenna installed above the bridge for basic communication.

2. In addition to the crew (US citizens or foreign nationals), the vessel shall provide berthing and four (4) hot (1 night meal), cafeteria style meals per day.

3. The vessel shall provide clean berthing, linen, heads, and shower facilities for project personnel.

4. The vessel shall provide an English interpreter if crew members are not fluent in English.

1. 50 square meters adjacent to the vessel's cable tanks and on the same deck as the deployment machinery.

2. Deck space will be required to store 20 repeaters outside of the cable tanks and the two 20 feet (ft.) x 8 ft. [length by width] ISO CONEX boxes.

3. A repeater weighs 390 pounds, length overall is 133 inches, width 12 inches, height 24.5 inches. It is anticipated that the repeaters would all lay parallel to each other.

4. Each repeater has an up/down runner or cable going into/out of the cable tanks.

1. A Remotely Operated Vehicle (ROV) crane or A-frame and be able to deploy a vessel provided ROV.

2. The vessel shall have a crane and sheave that can reach overboard for loading cable from the pier at NAVSTA Guam.

2. The vessel shall have an overhead lifting device to move the repeaters from the storage area to the stern/bow sheave for passage outside the LCE. An example of an overhead lifting device is an I-beam supporting a trolley and chain-fall hoist. The offeror shall make any ship modifications for passage of the repeaters outside the LCE.

3. A repeater weighing 182 kilograms.

4. A capstan or equivalent style winch to transfer the cable load from/to the repeaters during passage of the repeaters outside of the LCE. The repeaters shall not pass through the LCE or wrap around a capstan.

1. 110-120 volt, 50-60 hertz, two single phase 20-amp circuits with a minimum of 4 outlets are required on the bridge to power GFE personal computers, printer, external hard drives, etc.

2. 110-120 volt, 50-60 hertz, single phase, 10 kilowatts electrical power for one (1) container.

1. A ROV rated for 1,500 meter depth.

2. The ROV shall be operated by the vessel.

1. Two (2) cable tanks. A single tank shall be capable of containing 50 km of cable and a second tank shall store the spare cable. The tanks shall accommodate rings to further segregate different cable types with each tank. Cable types shall include double, single, and lightweight armor and unarmored cable.

2. Machinery to load the cable

2. The government crew does not anticipate transiting with the vessel. The government crew will embark/disembark at the Port of Kwajalein.

3. The vessel shall permit commercial divers to work near the stern of the vessel while offshore in the OPAREA.

4. Diving operations will be performed by a small boat provided as GFE. Operations do not require vessel support

1. The system shall be capable of holding station (with reference at the stern) within +/- 5 meters of a designated position (i.e. within 10 meters diameter circle) for up to 24 hours in weather conditions of Beaufort Wind Scale Number 5 (Winds 16-20 knots, moderate waves 2-3 meters in height, some foam and spray) within a heading allowance of +/- 60 degrees.

2. The DP system shall be capable of “tracking between multiple waypoints” along a designated track within +/- 25 meters (50 meter wide corridor) at steady speeds of 0.1 to 3.0 knots for continuous periods of several days in weather conditions of winds up to 26 knots and waves up to 3.6 meters and within a heading allowance of +/- 60 degrees.

3. The GPS shall be referenced at the stern and provide the center of rotation at the stern.

4. The vessel shall have the ability to load a predetermined list of waypoints and be able to track between those waypoints without sudden changes in speed or heading.

5. The vessel shall provide the government with real-time output from vessel’s DGPS, gyro, and cable deployment equipment (cable count, cable speed, and overboard tension) to input into the government supplied MakaiLay System.

6. The vessel shall provide the DGPS signal and subscribe to the service providing DGPS corrections

a. Two (2) 20 x 8 feet CONEX boxes; one contains cable splicing equipment to performed by the Government as necessary (estimated weight is 20,000 pounds), the second contains boxes of spare materials (estimated weight is 33,000 pounds).

2. Undersea cable systems comprised of:

a. 70 kilometers of cable

b. 20 repeaters including joints

c. Two (2) Antennas and associated cable runs.

d. HF radios with base station.

2. If the crew contains Foreign Nationals, they must remain on the vessel at all times while docked. Vessel crew change must be completed, as required, outside of NAVSTA Guam.

GENERAL REQUIREMENTS

SUBSTITUTION OF VESSEL(S):

No proposed substitution will be permitted by Charterer during the procurement solicitation process after the date and time for offers has passed except when such substitution is made as part of a revised offer during a period in which the solicitation is reopened or when such substitution is made as part of a final proposal revision.

VESSELS COMPLEMENT AND CREW:

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 and possessing valid and current certificates/documents issued or approved by the country of the Vessel's registry. The Owner further warrants that the Master and those Officers charged with cargo handling shall be proficient with conversational English.

OTHER SERVICES, RESPONSIBILITIES, PLANS AND REPORTS

In the event of a security threat or incident involving the Vessel, crew or cargo during the voyage, the Vessel’s Master shall report any incident immediately to the cognizant MSC Area Command in whose area the Vessel is currently located. The MSC Command Center should be contacted if the cognizant Area Command cannot be reached. Contact numbers will be provided upon award.

REQUESTS FOR SERVICE

Changes within the general scope of any of the terms and conditions of this Contract may be ordered by the Contracting Officer. If any such change causes an increase or decrease in the cost of performance, such change shall be the subject of a bilateral modification to the Contract. However, nothing in this paragraph shall excuse the Contractor from proceeding with the Contract as changed.

No notice, communication, or representation from any person other than the Contracting Officer shall affect the Government’s obligation to reimburse the Contractor.

RATE STRUCTURE:

DAILY HIRE

Except as otherwise provided herein, the daily hire rate shall be considered payment in full for all services of the Vessel and Associated Equipment and all other requirements under this Charter Party contract, including, but not limited to penalty time, bonuses, payments, and emoluments payable to Master, Officers and crew for services under this Charter, irrespective of the geographic scope of said service and the nominal carriage of ammunition and hazardous cargoes. The Daily Hire rate shall also be considered payment in full for all overtime, port charges, fuel expenses, and meals for Government personnel. The Daily Hire rate includes meals for up to 12 Government personnel. Meals for all other government and military personnel shall be reimbursable in accordance with Reimbursable Supplies and Services (charterS) (MAR 2005).

WAGE DETERMINATION

Wage Determinations (2010-0147 R3, 2014-0800 R4, and 2014-0801 R3) are incorporated into this contract and are available upon request. Please contact Lorrie Leedy (Lorrie.leedy@navy.mil) to obtain wage determination.

OFF HIRE

1. General. In the event of the loss of time resulting from deficiency and/or default of men including but not limited to misconduct, illness, injury, strikes, labor disruptions, lockouts; deficiency of stores; fire; breakdown of or damage to hull, machinery, or equipment; collision; stranding; grounding; detention by authorities; average accidents to Vessel or cargo unless resulting from inherent vice, quality, or defect of the cargo; repairs; inspections; all dry-dockings including those for the purpose of examination/inspection or painting bottom but not for those dry-dockings under the Alterations clause contained herein; or deviation for the purpose of landing any ill or injured person on board other than any passenger, supercargo, or military personnel who may be carried at Charterer's request; or by any other cause whatsoever preventing the full working of the Vessel, the payment of hire shall cease for all time lost until the Vessel is again, at a position not less favorable to the Charterer than that at which such loss of time commenced, ready and in a fully efficient state to resume her service. Should the Vessel deviate or put back during a voyage contrary to the orders or directions of the Charterer for any reason, the hire is to be suspended from the time of her deviating or putting back until she is again, at a position not less favorable to the Charterer than that at which such loss of time commenced, ready and in a fully efficient state to resume her service. When the period of time lost to the Charterer on any one occasion is less than two (2) consecutive hours, the hire shall not be reduced for such period, provided no missions were missed during that period of time.

2. Costs for Owner. The cost of fuel consumed while the Vessel 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 Vessel is bound, shall be borne by the Owner. All fuel used by the Vessel being driven into port or to shallow harbors or to rivers or ports with bars, the delay of the Vessel and/or expenses resulting there from shall be for Charterer's account.

LOSS OF VESSEL

Should a Vessel be either lost or missing, or become a constructive total loss, the portion of the charter for such Vessel shall terminate and hire shall cease to be payable at the time of the 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, such payment shall be postponed until the off-hire period ceases or the safety of the Vessel is ascertained, as the case may be.

REIMBURSABLE ITEMS:

(Specifically stated portions of the following requirements shall be paid as reimbursable items) Reimbursable Supplies and Services (charterS) (MAR 2005)

1. 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 includes all costs incurred or paid by the Contractor, including but not limited to material handling charges, overhead, general and administrative costs, or profit, that are in any way associated with the Contractor’s purchase or provision of such supplies and services.

2. To be eligible to receive reimbursement for services and supplies identified in this contract as reimbursable items and obtained in support of this contract, the Contractor must obtain at least three quotes for each transaction in excess of $3,000 to ensure that adequate price competition was sought or the Contractor must provide an acceptable justification as to why it was impracticable to do so. For purchases of services and supplies other than fuel, the Contractor need provide the aforementioned documentation only when requested by the Contracting Officer. The Contractor shall maintain documentation of all reimbursable purchases until three years after the contract is completed and shall provide access to and copies of such documentation when requested by the Contracting Officer.

a) A description of the supplies or services to be subcontracted

b) Identification of the proposed subcontractor and price

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

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

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

5. The Government is not obligated to reimburse the Contractor for otherwise reimbursable supplies and services in excess of the funded amount stated in the Schedule under each Reimbursable CLIN.

6. The Contractor is not obligated to continue performance of any reimbursable work under this Contract or otherwise incur costs for reimbursable supplies or services in excess of the funded amount stated in the Schedule under each Reimbursable CLIN unless the Contracting Officer notifies the Contractor that the funded amount stated in the Schedule under the applicable Reimbursables CLIN has been increased. Notification shall be in writing. In the event notification is made orally, such notification shall be followed up in writing within two working days.

7. No notice, communication, or representation from any person other than the Contracting Officer shall affect the Government’s obligation to reimburse the Contractor.

8. Change orders shall not be considered an authorization to exceed the funded amount stated in the Schedule under the Reimbursable CLIN unless they contain a statement expressly increasing the funded amount of the Reimbursables CLIN by a sufficient amount to cover the change order.

PASSENGERS, SUPERCARGO AND GOVERNMENT REPRESENTATIVES:

The Charterer shall have the option of carrying passengers, assigning officers and/or enlisted personnel aboard the Vessel 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 24 hours, Charterer shall, in accordance with the Pass Through Reimbursables clause above, pay an amount of $30.00 per day, per person, covering all expenses including accommodations and victualing. Owner shall victual all other U.S. Government representatives, pilots, and Customs Officers when authorized by Charterer. Charterer shall pay $7.00 per meal for all such authorized and approved victualing provided as a result thereof.

MILITARY PERSONNEL

In addition to the carriage of personnel noted in subparagraph above, Charterer shall have the option to assign other military personnel aboard the Vessel. Such personnel are not to require victualing or berthing facilities from the Vessel unless requested by the military commander aboard, in which case the Owner will, in accordance with the Pass Through Reimbursables clause of this PWS, be reimbursed out-of-pocket expenses not to exceed the amount per person per day set forth in the subparagraph above. Charterer will supply life floats and jackets for the use of such military personnel carried aboard the Vessel during the Charter period. Such items are to be removed by Charterer at termination of Charter.

CHARTERER’S LIABILITY

The Charterer shall be liable to the Owner for any loss of the Vessel's fittings or appurtenances or any damage to the Vessel, her fittings, or appurtenances caused by the act of passengers, supercargoes, evacuees, or military personnel in the embarkation, carriage, or debarkation of passengers, supercargoes, evacuees, or military personnel to the extent such loss or damage is not payable under the Vessel's insurance policies. However, the Charterer shall not 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 Charterer 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.

INSURANCE

Vessel Owner’s Insurance

(1) General. During the full period of this Charter Party, the Owner shall maintain marine insurance coverage on the Vessel, including Hull and Machinery, Protection and Indemnity (P&I), Pollution Liability, War Risk Hull and Machinery, War Risk P&I and Second Seamen's War Risk. Except as otherwise provided in this Charter Party, the expense for such insurance coverages shall be for the Owner's account and shall be deemed to be included in the hire payable under this Charter Party. Except as provided herein, the Owner shall be responsible for the cost of such insurance, including deductibles, premia, additional premia, calls, commissions, advancements, assessments, and overspill claims where applicable. Within 10 calendar days following award of the contract, the Owner shall notify the Contracting Officer in writing that the required insurance has been obtained.

(2) Limitation of Liability. Except as otherwise specifically provided herein, the Charterer shall not be liable for any loss, damage, expense, cost, or liability whatsoever and howsoever incurred by the Owner or Vessel, or which are imposed upon the Owner or Vessel by operation of law. Any Amount due the Owner under paragraph (1) shall be subject to setoff by the Charterer to the extent of any amount recovered under insurance carried by the Owner, or to the extent of any amount recoverable under insurance required by paragraph (1).

(3) Cancellation or Material Change in Coverage. All policies shall contain an endorsement stating that “in the event of cancellation or any material change in policies adversely affecting the interest of the Government in such insurance, the cancellation or change shall not be effective until 30 days after written notice thereto the Contracting Officer.” Wording such as “will endeavor to mail notice” or “failure to mail such notices shall impose no obligation or liability” is not acceptable.

(4) Charterer Named Assured. The United States of America shall be named as an additional assured with waiver of subrogation under the Vessel’s Hull and Machinery policy (and the Increased Value policy if applicable), the Vessel’s P&I entry, any additional pollution liability coverage, the Vessel’s War Risk Hull and Machinery policy including P&I, and Second Seaman’s War Risk.

War

(1) Voyage Instructions. Operating limits of the vessel subject to this contract shall be worldwide. If the Vessel is ordered under this Charter Party to any port, place, or zone involved in a state of war, warlike operations or hostilities, civil strife, or piracy (whether there be a declaration of war or not) where it might be reasonably expected to be subject to capture, seizure, arrest, or hostile act by a belligerent power (whether de facto or de jure), pirate, or terrorist, it shall be unreasonable for the Owner not to prosecute said voyage if insurance against said risks is then available commercially or under a Government program, or if the Government offers the Owner indemnification against said risks pursuant to Public Law 85-804.

(2) The Vessel Owner shall immediately notify the Charterer: (i) whenever any sailing orders will result in a vessel subject to this contract being sent beyond the limits of the War Risk Trading Warranties of insurance policies required under this contract (to include entry into a war risk exclusion zone or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places, or any other waters described in the Lloyd’s Joint War Committee’s current List of Areas of Perceived Enhanced Risk); (ii) if there are any changes to the War Risk Trading Warranties of insurance policies required under this contract (including changes to the exclusion zones or the List of Areas of Perceived Enhanced Risk) or changes to War Risk premiums, charges, or deductibles; or (iii) whenever additional premium charges or costs will be incurred as a direct result of compliance with any sailing orders issued by the Charterer under this contract. The Owner shall ensure that the insurers provide it relevant information in a timely manner. If the Owner has given this required notice to the Charterer, the Charterer will reimburse the Owner for the increase in costs (if any) of insurance premiums, charges, or deductibles which arise from the vessel sailing beyond the applicable War Risk Trading Warranties (including changes to the war risk exclusion zones) when entry into any exclusion zone or Area of Perceived Enhanced Risk under such insurance has been approved in advance by the Charterer. The issuance of sailing orders, by itself, does not constitute approval in advance by the Charterer. The Charterer may give the Owner notice and instructions concerning suspension of commercial War Risk insurance coverage and substitution of Government indemnity or Government War Risk insurance as detailed in the section entitled “Government War Risk Insurance/Indemnity” below.

(3) Additional Wage Costs. The Charterer shall reimburse Owner for the cost of provable additional master and crew wages (including all additional bonuses and payments required) to the extent that such additional costs arise directly from exposure of the Vessel, and/or Vessel’s master and crew, to the risks described in the paragraph entitled “Voyage Instructions” above. However, any of said wages or payments shall not exceed in amount that which would be payable, under applicable laws and regulations, to U.S. civil service mariners in the employ of the Military Sealift Command in a similar port, place, zone, or route. Owner shall notify Charterer of all anticipated additional wage costs prior to entering any location which would trigger such additional costs; and no such costs shall be reimbursable unless Charterer, after notification of such costs, provides approval to enter such location.

Government War Risk Insurance / Indemnity

(1) General. Upon receipt of notice and instruction from the Contracting Officer, as specified in the last sentence of Section (2) of the section entitled “War (j)” above, with respect to any area excluded by the War Risk Trading Warranties or included by the Lloyd’s Joint War Committee on the Hull War, Strikes, Terrorism and Related Perils Listed Areas (also known as Listed Areas of Perceived Enhanced Risk) under the Owner’s commercial War Risk coverage, the Owner shall, as soon as practicable, contact its insurance brokers or underwriters and arrange for the suspension of its commercial War Risk insurance upon entry of the vessel into, or extension of stay of the vessel in such area(s), or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places, or any other waters described in the Lloyd’s Joint War Committee’s current Listed Areas of Perceived Enhanced Risk, as the case may be, subject to resumption of its commercial War Risk insurance upon exiting such area(s). In such instances, the Owner shall accept the Government’s indemnity or War Risk insurance, whichever is applicable, in lieu of such commercial War Risk insurance. The Owner shall ensure that the suspension of its commercial War Risk coverage is coincident with the time that any Government indemnity or War Risk insurance becomes effective, and shall likewise ensure that its commercial War Risk insurance is resumed at the time when any Government indemnity or War Risk insurance becomes ineffective. The Owner shall retain the same risks, such as deductibles (if any), that it has under its commercial insurance.

(2) Government War Risk Insurance. Under the authority of 46 U.S.C. § 53905, the United States Maritime Administration (MARAD), at the request of Commander, Military Sealift Command, may furnish the following war risk insurance coverage, which will be effective during the vessel’s transit under this Contract in areas which are in war risk exclusion zones, or waters described in the current Lloyd’s Joint War Committee Listed Areas of Perceived Enhanced Risk, or otherwise excluded under the Owner’s commercial marine War Risk trading warranties, and which are designated by notice from the Contracting Officer to the Owner:

a. War Risk Protection and Indemnity insurance covering all liabilities up to an amount of $250,000,000;

b. War Risk Second Seaman’s coverage, the principal sum of which shall be $200,000 per Crew Member for loss of life.

(3) Government Indemnity. Under the authority of Public Law 85-804 (72 Stat. 972, August 28, 1958) and Executive Order 10789, as amended by Executive Order 11610, the Secretary of Defense or the Secretary of the Navy may authorize the Contracting Officer to indemnify the Owner against loss from risks that would be covered by MARAD war risk coverage as set forth in the paragraph entitled “Government War Risk Insurance” directly above.

ECMRA

Contractor Manpower Reporting Language for all Solicitation Contract and all Existing Contracts

Enterprise-Wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Military Sealift Command via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities

(3) Y, Construction of Structures and Facilities;

(4) S, Utilities ONLY; and

(5) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

CLAUSES INCORPORATED BY REFERENCE

52.204-4

52.204-7 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper System for Award Management

MAY 2011

JUL 2013

By The Government of a Terrorist Country

DEC 2014

JUN 2013

252.244-7000 252.245-7001

252.245-7002 252.245-7003 252.245-7004 Subcontracts for Commercial Items Tagging, Labeling, and Marking of Government-Furnished Property.

Reporting Loss of Government Property Contractor Property Management System Administration.

Reporting, Reutilization, and Disposal.

JUN 2013

APR 2012

APR 2012

APR 2012

MAR 2015

CLAUSES INCORPORATED BY FULL TEXT

MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (AUG 2012)

The information contained in this instruction is supplemental to DFARS 252.232-7006.

The information contained in the table in DFARS 252.232-7006 is for WAWF purposes only. Information included in DFARS 252.232-7006 and these WAWF instructions apply only to WAWF Invoicing and WAWF Receiving Reports. Contradictory information elsewhere in this contract, e.g. Ship to DoDAAC, shall be followed per the terms and conditions of the contract.

When entering the invoice into WAWF, the Contractor shall fill in the DoDAAC fields or DoDAAC extensions exactly as shown in the table in DFARS 252.232-7006. Fields that should not be filled in when entering the invoice into WAWF will be indicated with the direction, “Leave Blank.”

In some situations the WAWF system will pre-populate the “Pay DoDAAC,” “Admin By DoDAAC” and “Issue By DoDAAC.” The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the information in the table in DFARS 252.232-7006. If these DoDAACs do not match, then the Contractor shall correct the field(s).

If Receiving Reports are required, ensure that the “Inspection” and “Acceptance” defaults of “destination” for both fields are not changed in the WAWF online interface.

The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract document including CLIN number (e.g. 0001), Quantity (may be adjusted for actual quantity or dollar value delivered and invoiced), and Unit Price (e.g. $1.00). The dollar amounts on each CLIN or SubCLIN on the WAWF invoice shall reflect final performance values, but in no instance can the dollar amount for each CLIN or SubCLIN exceed what is specified in the contract document. The Contractor shall bill to the lowest level, e.g., the SubCLIN level. The Quantity and Unit of Measure fields must be filled out exactly as indicated in the CLINs and SubCLINs to reduce the possibility of the invoice being delayed or rejected during processing.

Before closing out of an invoice session in WAWF, but after submitting the document or documents, the Contractor will be given the option to send additional email notifications by clicking on the “Send More Email Notifications” link that appears on the page. The Contractor shall click on this link and add the Technical Point of Contact’s (TPOC) or Contracting Officer’s Representative’s (COR) email address in the first email address block and add any other additional email addresses desired in the following blocks. This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF system.

(End of instructions)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.