15-2100_RFP.pdf

MILITARY SEALIFT COMMAND N10 WASH

914 CHARLES MORRIS COURT SE

WASHINGTON NAVY YARD DC 20398-5540

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$35.5M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

N62387-15-R-2100 13-Jan-2015

b. TELEPHONE NUMBER

(202) 443-0726

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 12 Feb 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

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

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

N62387

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JESSICA CHU

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

(TYPE OR PRINT)

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

488330

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

N62387-15-R-2100

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 366 Days

FIRM PERIOD - CHARTER HIRE KINGS BAY

FFP

3 TUGS FOR 366 DAYS

FOB: Destination

NET AMT

0002 366 Days

FIRM PERIOD - CHARTER HIRE MAYPORT

FFP

3 TUGS FOR 366 DAYS

0003 1 Dollars, U.S.

FIRM PERIOD - CONTINGENCY

FFP

REIMBURSABLE

0004 365 Days

OPTION OPTION 1 - CHARTER HIRE KINGS BAY

FFP

3 TUGS 365 DAYS

0005 365 Days

OPTION OPTION 1 - CHARTER HIRE MAYPORT

FFP

0006 1 Dollars, OPTION OPTION 1 - CONTINGENCY

0007 365 Days

OPTION OPTION 2 - CHARTER HIRE KINGS BAY

FFP

0008 365 Days

OPTION OPTION 2 - CHARTER HIRE MAYPORT

FFP

0009 1 Dollars, OPTION OPTION 2 - CONTINGENCY

0010 365 Days

OPTION OPTION 3 - CHARTER HIRE KINGS BAY

FFP

0011 365 Days

OPTION OPTION 3 - CHARTER HIRE MAYPORT

FFP

0012 1 Dollars, OPTION OPTION 3 - CONTINGENCY

REIMBUSRABLE

0013 335 Days

OPTION OPTION 4 - CHARTER HIRE KINGS BAY

FFP

3 TUGS 335 DAYS

0014 335 Days

OPTION OPTION 4 - CHARTER HIRE MAYPORT

FFP

3 TUGS 335 DAYS

0015 1 Dollars, OPTION OPTION 4 - CONTINGENCY

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-SEP-2015 TO

31-AUG-2016

N/A N/A

0002 POP 01-SEP-2015 TO

0003 POP 01-SEP-2015 TO

0004 POP 01-SEP-2016 TO

31-AUG-2017

0005 POP 01-SEP-2016 TO

0006 POP 01-SEP-2016 TO

0007 POP 01-SEP-2017 TO

31-AUG-2018

0008 POP 01-SEP-2017 TO

0009 POP 01-SEP-2017 TO

0010 POP 01-SEP-2018 TO

31-AUG-2019

0011 POP 01-SEP-2018 TO

0012 POP 01-SEP-2018 TO

0013 POP 01-SEP-2019 TO

31-JUL-2020

0014 POP 01-SEP-2019 TO

0015 POP 01-SEP-2019 TO

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

0002 N/A N/A N/A Government

0003 N/A N/A N/A Government

0004 N/A N/A N/A Government

0005 N/A N/A N/A Government

0006 N/A N/A N/A Government

0007 N/A N/A N/A Government

0008 N/A N/A N/A Government

0009 N/A N/A N/A Government

0010 N/A N/A N/A Government

0011 N/A N/A N/A Government

0012 N/A N/A N/A Government

0013 N/A N/A N/A Government

0014 N/A N/A N/A Government

0015 N/A N/A N/A Government

INTRODUCTION

BRIEF SUMMARY

The Government requires six (6) harbor tug vessels with 360- degree propulsion system and minimum 100,000 lbs bollard pull. Three (3) tugs will be stationed at Naval Submarine Base Kings Bay, GA and three (3) at Naval Station

Mayport, FL.

A fixed price time charter will be awarded for one (1) one-year firm period beginning September 01, 2015, with three (3) one-year option periods thereafter, and a final fourth option period for eleven months.

SCHEDULE OF ESTIMATES

1. The following estimates are not a guarantee of work. This information is provided for estimation purposes only.

Any difference in the actual numbers or workload experienced shall not form the basis for any claim or equitable adjustment.

Period Estimated Additional Work Hours

Kings Bay Mayport

Firm Period 250 400

Option Period One 250 400

Option Period Two 250 400

Option Period Three 250 400

Option Period Four 250 400

SCHEDULE OF SUPPLIES AND SERVICES

1. Note on CLINs in Block 24: CLINs may be added to designate amounts funded for specific purposes, e.g., fuel, insurance, port charges and expenses, and, if used, restrict the funding amount available for each respective purpose. See 52.212-4 Addendum, Reimbursable Expenses.

DESCRIPTION OF SERVICES

PERFORMANCE WORK STATEMENT (PWS)

DESCRIPTION OF SUPPLIES AND SERVICES

1. This is a Charter Party contract for three (3) time-chartered tractor-like tugs in Kings Bay, GA and three (3) time-chartered tractor-like tugs in Mayport, FL. Tugs may be moved between ports at Charterer’s sole option.

Each tug charter is for a firm period of one (1) year with options for three (3) additional one-year periods and a fourth option for eleven (11) months to support the Government's requirement. This charter may be awarded to a single contractor, or two contractors may be awarded one port each. Contractor shall provide the tug(s) named below by the stated canceling date. Only the tug(s) named below, or substituted in accordance with the

Substitution of Tugs clause, may be used under this contract.

PRIMARY PLACE OF PERFORMANCE:

Geographic Region(s)

Kings Bay, GA

Mayport, FL

Surrounding Waters

2. The primary place of performance shall be in the geographical region of Kings Bay, GA and Mayport, FL and the surrounding navigable waters. Within this geographical region, the Tug(s) may be ordered to any berth, dock, anchorage, wharf, place, open roadstead, submarine line, or alongside any vessel, barge, lighter, submarine, craft, hull, derrick, or object of whatsoever nature that the Government may direct, provided the

Tug(s) can lie always afloat except in harbors or waters where it is customary and safe in the port to work aground.

3. Tug(s) will be home berthed in the Geographical Regions noted above. The Government may reassign the

Tug(s), on a temporary or permanent basis, to meet emergent requirements.

PERIODS OF PERFORMANCE:

The period of performance for the proposed contract is a firm one-year period, with three one-year option periods thereafter, and a fourth option for eleven months. If all option periods are exercised, the total period of performance will start on 01 SEP 2015 and end on 31 JUL 2020.

Contract

Year

Length

(Days)

Fiscal

Year Start Date End Date

Firm Period 366 FY16 01-Sep-15 31-Aug-16

Option One 365 FY17 01-Sep-16 31-Aug-17

Option Two 365 FY18 01-Sep 17 31-Aug-18

Option Three 365 FY19 01-Sep-18 31-Aug-19

Option Four 335 FY20 01-Sep-19 31-Jul-20

4. CHARTER PERIOD. This Charter shall be for the periods designated in the above table, commencing upon the date shown or the Charterer's acceptance of the Tug(s), whichever occurs later, and continuing until either the date of completion or the completion of the voyage then current, at Charterer's sole option. Each tug shall be considered to have separate performance periods. Any optional periods shall be stated in the contract; in addition, the Government shall have the Time Lost options as specified under this contract and an option to extend services as specified in this contract. All optional periods shall be in direct continuation. Options shall be exercised pursuant to FAR 52.217-9, contained in the contract.

5. TIME LOST

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

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

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

(c) Relationship to Other Remedies. No remedy conferred by this paragraph upon the Charterer is intended to be exclusive of any other remedy, but every such remedy shall be cumulative and shall be in addition to every other remedy already conferred by this Charter Party now or hereafter existing at Law or in Equity or by statute.

6. PERFORMANCE PERIOD: The total performance period under this Charter Party contract shall not exceed

59 months.

DELIVERY / REDELIVERY:

7. The place and time of initial delivery and redelivery shall be as stated in the following box:

Delivery/Redelivery Port Earliest Delivery Date Canceling Date

See FAR 52.212-2

Notices of Redelivery

Date / Place

Kings Bay, GA (3 Tugs) 01-Sep-15 01-Sep-15 7 days/ Kings Bay, GA

Mayport, FL (3 tugs) 01-Sep-15 01-Sep-15 7 days/Mayport, FL

8. DELIVERY.

(a) The Tug(s) and all Associated Equipment shall be delivered in the condition described below to the

Charterer at a port or place indicated above not later than 1600 hours local time (place of delivery) on the canceling date stated. The Contractor shall give 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, not exceeding twenty-four

(24) hours after proper tender of the notice of readiness, (Saturdays, Sundays, or other recognized weekly days of rest, U.S. Government holidays, and holidays observed at the delivery port, whether national or local, excepted in the computation of said twenty-four hour period). Hire shall commence upon acceptance of the Tug(s) by the Charterer but not before the commencing date stated in the solicitation, unless approved in writing in advance by the Contracting Officer. Charterer shall have the liberty to cancel this

Charter at no cost to the Government should the Tug(s) or Associated Equipment not be ready in accordance with the provisions hereof by the canceling date. Said cancellation is to be declared not later than twenty-four (24) hours after 1600 hours local time (place of delivery) on the stated canceling date.

Nothing in this paragraph shall limit any remedy of the Government otherwise available at Law, in Equity or under this Charter Party contract.

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

Party.

9. REDELIVERY. Unless lost, the Vessel shall be redelivered at a port or place stated in the contract. Charterer shall notify Contractor of the place and date of redelivery no later than the time shown in the PWS.

EMERGENT CONTINGENCY REQUIREMENTS:

10. The Government may reassign the Tug(s), on a temporary or permanent basis, to meet emergent requirements.

Tugs shall remain on site at the reassigned base 24 hours a day, 7 days a week.

11. In order to meet emergent requirements, the Government may reassign the Tug(s) on a temporary or permanent basis to work outside the primary geographical location. These ports are under the jurisdiction of the

Commander Navy Region South East (CNRSE) and include the ports along the Coast of the Gulf of Mexico and the Eastern seaboard from Key West Florida to South Carolina. Also included are the Caribbean ports at

Guantanamo, Cuba and Roosevelt Roads, Puerto Rico. Distances from Naval Station Mayport to these locations is provided below for planning purposes:

Cape Canaveral 153 NM

Key West 454 NM

Pensacola 964 NM

Guantanamo Bay, Cuba 861 NM

Roosevelt Roads, Puerto Rico 1158 NM

12. In the event the Government reassigns the Tug(s) on a temporary or permanent basis, in order to meet emergent requirements, the Government will try to provide at least 96 hours advance notice to the contractor whenever possible.

13. In case of a contingency the pre-negotiated contingency day rate will apply.

14. Reimbursable items in case of contingency will include rental vehicles, meals, air transportation (for crew rotations), local transport (van/car), and lodging at the site of contingency. Costs will be reimbursed at the JTR

(Joint Travel Regulations) rate current at the time of contingency. Tugs will, most likely, be going to a government installation or base. In the event that tugs are reassigned to a government base, government accomodations and transportation will be used first.

TUG INFO

AUTHORIZED TUGS:

15. The Tugs used for performance of this Contract shall be only those identified in the following table, or any authorized substitutes provided in accordance with the Substitution of Tugs clause of this Contract:

Name BHP Bollard Pull Name BHP Bollard Pull

TUG SPECIFICATIONS AND CHARACTERISTICS:

16. The Tug(s) chartered under this Charter Party contract shall have the minimum characteristics as described in the “Tug Characteristics” chart below. Specifications and characteristics exceeding the minimum, if offered and accepted by the Government, are incorporated by reference upon contract award.

CHARACTERISTIC MINIMUM CHARACTERISTIC MINIMUM

FLAG USA CLASSIFICATION Classed by IACS member

PROPULSION TYPE 360 degree Propulsion System

SHAFT

HORSEPOWER

N/A

BOLLARD PULL

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

ENDURANCE

7 days. Minimum operating range of 100 NM

PASSENGER

CAPACITY:

TRANSIT SPEED

12 knots at 80% rated horsepower DRAFT: 18 feet - Maximum

SEWAGE

CAPACITY

24 hrs.

LENGTH

OVER ALL:

N/A

SURFACE

FENDERING

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

SUBSURFACE

FENDERING

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

BROW: For Kings Bay and Mayport tugs: One brow to allow for the safe transfer of two passengers at a time.

The brow shall be a minimum two feet in width for the entire length to assure safe passage of personnel from the tug to the deck of all classes of submarines. The end of the brow shall be fitted with rubber-coated rollers to prevent metal-to-metal contact between brow and submarine deck; each side shall have handrails and mid-rails. The brow should be capable of being positioned in any direction in a 90-degree arc from abeam to straight astern.

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

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

at 30’radius.

LINES

Sufficient for services performed under this contract

FIREFIGHTING:

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

and two fire stations (one port and one starboard).

CAPSTANS/

WINCHES

Sufficient fore and aft capstans

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

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

COMMUNICATION

EQUIPMENT

Minimum required by the

U.S.C.G. and FCC for inland and international waters. Additionally, all tugs must have a transceiver capable of working 2-30 MHz at

100-watt output, a loud hailer and one set of VHF radios.

SUBSTITUTION OF TUGS:

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

Officer in writing within forty-eight (48) hours of the giving of oral notification.

18. The contractor shall fix and deploy a substitute Tug within a period of six (6) hours of submission of notice of substitution or within six (6) hours of the commencement of any off-hire, whichever occurs first. (See “Off-hire” – paragraphs numbered 43-45 in PWS).

19. Any tug offered as a substitute shall have substantially the same characteristics, i.e., shall be similarly fitted and otherwise equal or superior in performance, as the tug for which substituted and shall be fully ready to perform in accordance with this Charter Party upon arrival at the Tow or other work site designated by Charterer. Any tug substituted under this Clause shall result in no cost increase for Charterer and substitution shall result in no operation delay for Charterer except as provided above. It shall not otherwise excuse any other performance required under this Charter party.

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

TUG COMPLEMENT AND CREW:

21. The Master(s), Officers and entire crew shall speak English fluently and possess valid and current certificates, licenses, and documents. The Master, Officers and crew of the Tug(s) shall be appointed or hired by the

Contractor and shall be deemed to be the servants and agents of the Contractor at all times except as otherwise expressly specified in this contract. The Master(s) of the Tug(s) shall be under the direction of the Government as regards the employment of the Tug(s) under a given order, but shall not be under Government's orders as regards navigation, care, and custody of the Tug(s).

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

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

24. All Contractor employees shall have in their possession an installation-specific rapid gate photo identification and/or other security badges at all times when working under this Charter Party Contract.

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

26. SECURITY CLEARANCES. The Contractor shall obtain and maintain confidential security clearances for the

Tug(s) Master(s), Officers(s) and Crew(s) throughout their service under this contract. All work will be performed in a Level One restricted area.

SERVICES

TYPICAL SERVICES:

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

(a) Towing, twisting, mooring, berthing, docking, streaming, shifting, assisting, pulling, and escorting those vessel types identified in Attachments to this Contract and miscellaneous other vessels, barges, submarines, crafts, hulls, sleds, derricks, lighters, and objects of whatsoever nature including anything carried thereon.

Government reserves the right to use Government-owned or controlled Tugs or vessels separately or jointly with Owner's Tugs in the performance of any services listed in this Contract;

(b) Transfers of pilots and Government Personnel and Equipment by vessel;

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

(d) Line handling; and

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

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

29. List of Vessel Classes

Given below is a list of vessel classes that are likely to be supported during the term of any contract resulting from this RFP. The list is for demonstration purposes only and is not a guarantee of vessel types to be supported.

. TAKE . CV . TAOE

. FFG . DDG . CG

. LHA . LHD . CVN

. LPD . LSD . FF

. LCS . SSGN . LPH

. PC . SSN . SSBN

. SS

OTHER SERVICES, RESPONSIBILITIES, PLANS AND REPORTS

30. DRY-DOCKING.

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

(b) All dry-dockings under this clause shall be scheduled with the Charterer and shall be subject to the Off-

Hire clause.

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

ONLY if the following is checked __X__.

(a) General. In the event that the Owner is unwilling or unable to perform those duties as directed, or to timely respond to emergency situations, and upon determination by the U.S. Fleet Forces Command, (USFFC) or his designated representative that the emergency so requires, the Owner agrees to relinquish custody and control of the tug(s) to the Government in order to allow the Government to respond to the emergency situation using the Owner’s tug(s)/equipment augmented in whole or in part by a Government crew. Such determination shall be provided to the Tug Master or designated representative by the Contracting Officer or the Contracting Officer’s Representative (COR). The period of Government operation and control shall not exceed that time required to respond to the emergency and properly return the tug(s) to Owner’s control.

(b) Mitigation. Owner’s release of the tug(s) for emergency operation by the Government shall serve to mitigate Owner's liability, if any, under the Termination for Cause clause of this contract. See FAR

52.212-4. The value of the release of tug(s) to the Government shall be offset against the Contractor's liability under the Termination for Cause Clause. During a period of partial or complete augmentation of crew by the Government, as a result of default, the Owner shall not be entitled to charter hire.

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

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

Federal Tort Claims Act.

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

(f) Training. The Owner shall provide the use of the Tug(s) and master(s) and crew(s) to train Government personnel in the operation of the Tug(s) as directed by the Contracting Officer or COR in writing; said writing provided at least 24 hours in advance of the training. The training shall not be “crew augmentation” for purposes of subsection (f) (1) of this section. The Owner shall not be relieved of responsibilities under the section titled "CHARTER NOT A DEMISE" of this charter during training. See clause 52.212-4

Addendum, 2 (d).

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

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

32. SHIP PHYSICAL SECURITY. The Owner will comply with and implement the Navy Force Protection and

Security requirements for the port in which it is docked or berthed. All costs shall be included in the basic hire, except for COR or Contracting Officer directed material purchases over $100 in total value, which shall be subject to the PASS THROUGH REIMBURSABLES Section of the Contract. See below paragraphs 50-54.

33. STRIKE CONTINGENCY PLAN.

(a) The Contractor shall provide and maintain a strike contingency plan that describes how services will be provided if there is a labor strike or any other deficiency of Master or crewmembers. The plan must be practicable and must clearly state the means and method for vessel manning during a strike or labor action and for providing services in the face of disruptive measures typical of a strike situation. Award of the contract shall indicate the Contracting Officer’s approval of the plan, whose approval shall not be unreasonably withheld.

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

34. VESSEL CASUALTY PLAN.

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

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

35. EMERGENCY SITUATION TRAINING PLAN. No more than 30 days after award, the contractor shall submit a proposed training plan to meet the requirements of the Emergency Situation and Training clause, if incorporated. A final plan shall be submitted no later than 30 days after receipt of the Government comments on the proposed plan.

36. SEVERE WEATHER RESPONSE PLAN. The Contractor shall provide a specific Severe Weather Response

Plan for the contract tugs and crews at NS Mayport and NSB Kings Bay. These plans must be approved by the

CORs at NS Mayport and NSB Kings Bay within 30 days of contract award.

37. FUEL REPORTS. Monthly, no later than the fifth working day of each month, the Contractor shall submit a written report to the Contracting Officer that states the amount of fuel consumed by each tug during the preceding month. In addition, if fuel was purchased from a commercial source as a reimbursable item under this

Charter Party contract, with respect to each tug, separately state the total amount and the price-per-gallon paid for each time fuel was purchased.

38. INCIDENT REPORTS. In all instances in which any vessel being handled by Owner’s Tug(s) sustains damage or is involved in any incident resulting in damage to vessels or property, or in bodily injury or death, Owner shall secure a report from the Tug Master or Officer acting as pilot, and from any licensed pilot aboard the vessel being handled. Owner shall submit said report to the Contracting Officers Representative within twenty-four hours following said incident, reporting the facts, listing deaths, reporting the extent of damages to property and any bodily injuries, and listing recommendations to prevent recurrence.

AVAILABILITY/RATES/OFFHIRE

AVAILABILITY / NOTIFICATION / REQUESTS FOR SERVICES

38. AVAILABILITY. The tugs will be available 24 hrs/day, seven days/week and 365/366 days per year. Tugs shall be fully crewed and ready for service within 15 minutes’ notice from 0600-1800 hours Mon-Fri except for weekends and Federal Holidays. After 1800 hours in each port there will be one (1) tug fully crewed and ready for immediate service in 15 minutes. Two (2) tugs (or all other tugs assigned to the port) shall be fully crewed and ready for service upon one-hour notice.

39. NOTIFICATION. When tug service is requested, service shall be provided within the time specified in the

“Required Response” boxes, below:

Times

Required Response

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

Minimum work conducted after 1800 hours of the above 24 hour period and on weekends and Federal Holidays has been factored into the rates per the Schedule of Estimates paragraph 1 above.

All tugs Mon-Fri except weekends and

Federal Holidays - 15 minutes

1 tug (each port) - 15 minutes

2 tugs (each port) - 1 hour

REQUESTS FOR SERVICE

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

a) Contracting Officer; or

b) Port Operations Officer, or his /her designee; or

c) Contracting Officer’s Representative (COR).

RATE STRUCTURE:

41. This Charter Party contract has a daily hire rate structure with reimbursable differential as follows:

(a) DAILY HIRE RATE STRUCTURE

i) Daily Hire: Except as otherwise provided herein, the daily hire rate shall be considered payment in full for all services of the Tug and Associated Equipment and all other requirements under this Charter

Party contract, including, but not limited to penalty time, bonuses, payments, and emoluments payable to Master, Officers and crew for services under this Charter, irrespective of the geographic scope of said service and the nominal carriage of ammunition and hazardous cargoes. Unless a separate overtime rate is offered, the Daily Hire rate shall also be considered payment in full for all overtime, including but not limited to crew overtime or penalty time required for the making up or breaking of tows. This Rate does not include port charges or the price that the Contractor pays for fuel.

42. The rates to be paid under this Charter Party contract, as offered and accepted at the time of award, are as follows:

KINGS BAY DAILY RATES

Tug #1 Firm Period Option Period

One

Option Period

Two

Option Period

Three

Option Period

Four

Daily Hire Rate

Contingency

Area Daily Rate

Tug #2

One

Option Period

Two

Option Period

Three

Option Period

Four

Daily Hire Rate

Tug #3

One

Option Period

Two

Option Period

Three

Option Period

Four

Daily Hire Rate

MAYPORT DAILY RATES

Tug #1

One

Option Period

Two

Option Period

Three

Option Period

Four

Daily Hire Rate

Tug #2

One

Option Period

Two

Option Period

Three

Option Period

Four

Daily Hire Rate

Tug #3

One

Option Period

Two

Option Period

Three

Option Period

Four

Daily Hire Rate

Wage Determination (2010-0205 R6) is incorporated into this contract and is available upon request. Please contact

Jessica Chu (jessica.chu@navy.mil) or Carley Orvin (franklin.orvin@navy.mil) to obtain wage determination.

mailto:jessica.chu@navy.mil mailto:franklin.orvin@navy.mil

OFF HIRE

43. 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.

44. 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.

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

LOSS OF VESSEL

46. LOSS OF VESSEL. Should the Tug(s) be either lost or missing and presumed lost, Charterer may, at its sole discretion, terminate this Charter, in which case 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. Similarly, should the Vessel become a constructive total loss, Charterer may, at its sole discretion, terminate this Charter, in which case hire shall cease to be payable to be payable at the time of the casualty resulting in the constructive loss. The Vessel shall be considered missing and presumed lost when, after a reasonable lapse of time, it fails to reach its next scheduled port and reasonable efforts to contact it fail.

REIMBURSABLE ITEMS

REIMBURSABLE ITEMS:

[Specifically stated portions of the following requirements shall be paid as reimbursable items]

47. PASSENGERS, SUPERCARGO AND GOVERNMENT REPRESENTATIVES:

(a) Charterer’s Option. 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 of this PWS (See below, paragraphs 50-54.), pay an amount of $30.00 per day, per person, covering all expenses including accommodations and victualling. Owner shall victual all other U.S. Government representatives, pilots, and

Customs Officers when authorized by Charterer. Charterer shall pay $7.00 per meal for all such authorized and approved victualling provided as a result thereof.

(b) Military Personnel. In addition to the carriage of personnel noted in subparagraph (a) above, Charterer shall have the option to assign other military personnel aboard the Vessel. Such personnel are not to require victualling 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.

(c) 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.

48. FUEL.

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

Contracting Officer.

(b) Provision of Fuel. The Charterer shall ordinarily supply or cause to be supplied any or all of the DFM

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

(c) Owner’s Purchase of Fuel. The Owner shall, if directed by the Charterer, purchase fuel for the Vessel, in which case the Charterer shall, in accordance with the Pass Through Reimbursables clause of this PWS, reimburse the Owner the price paid for all fuel (excluding lube oils) procured by the Owner and loaded in the Vessel during the period of this Charter. Such direction of the Charterer shall be limited to individual fuel purchases and the total amount reimbursable by the Charterer for purchase of fuel and any reasonable expenses paid for loading the fuel aboard the Tug(s) s shall not exceed the funding obligated and available under the fuel CLIN or subCLIN at the time the fuel is purchased. Reimbursement shall be paid only upon presentation of properly certified vouchers, supporting receipts, and other documentation, which justify the charges as fair and reasonable. The Owner shall in no event be reimbursed any amount in excess of the current market price of such fuel and reasonable expenses. The title to all fuel of which the Owner is entitled to be reimbursed hereunder shall automatically pass to and vest in the Charterer upon delivery to the Owner or upon the happening of any other event by which title passes from the vendor or supplier thereof to the Owner. The Charterer shall be afforded all benefits of Owner's contracts for its fuel requirements, including but not limited to any savings addressed in contract section titled Savings.

(d) Off-Hire – Fuel. If the Tug should go off-hire during the period of this Charter, the Owner shall present to the Contracting Officer a statement certified by it or its authorized agent showing the amount of fuel on board at the time the off-hire period commenced and the amount of fuel on board when the off-hire period ended. The Charterer shall be credited for the cost of the fuel consumed during the off-hire period and also reasonable expenses incurred in loading such fuel, with such costs based upon costs at the previous refueling point.

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

(f) Reasonable Expenses. The term "reasonable expenses" as used in this paragraph, shall mean all reasonable direct expenses paid, excluding crew overtime, which are necessarily incurred in loading said fuel on board the Tug such as: expenses incurred at tanker terminal; loading fuel from lighters, barges, or other craft used as lighters, including lighterage, lighter demurrage, or detention incurred; shifting lighters for the convenience of the Tug; handling lighter lines; and such similar expenses which the Charterer shall find were necessary to pay for the loading of fuel on the Tug(s) during the period of this Charter

49. INSURANCE.

(a) General. During the full period of this Charter Party, the Owner shall have in place marine insurance coverage on the Vessel, the Owner shall have in place marine insurance coverage on the Vessel including

Hull and Machinery, Protection and Indemnity (P&I), War Risk Hull and Machinery, including P&I, and if

U.S.-flagged, Second Seamen’s War Risk Policy. Owner shall, when requested, furnish a Certificate of

Insurance evidencing required coverage. Except as otherwise provided in this Charter Party, 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.

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

(c) Tower's Protection and Indemnity Liability Insurance on each Vessel performing under this Contract in the amount of generally accepted industry standards, with trading limits adequate for the services contemplated herein;

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

(e) Limitation of Liability. Except as otherwise specifically provided herein, the Charterer shall not be liable for any loss, damage, expense, cost, deductibles or liability whatsoever and howsoever incurred by the

Owner or Vessel, or which are imposed upon Owner or Vessel by operation of law. Any amount due to the

Owner under this section shall be subject to setoff by Charterer to the extent of any recovery under any insurance carried by the Owner.

(f) Notification of Charterer. Owner shall, to the maximum extent practicable, keep the Charterer, through the Contracting Officer, currently informed in writing as to the potential vitiation, suspension, lapse, or termination of any of Vessel's insurance policies as a consequence of this Charter Party.

(g) Charterer Named Assured. The United States of America shall be named as an additional assured with waiver of subrogation on all applicable insurance policies. All cost of such insurance, including but not limited to deductibles, premia, additional premia, calls, commissions, advancements, assessments, and overspill claims where applicable, shall be for Owner’s account. Owner agrees to make claims against insurers for losses or damages covered by insurance regardless of Charterer fault, action or omission, and

Owner will pay all costs and deductibles associated with such claims.

PASS THROUGH REIMBURSABLES:

50. The Government will reimburse the Contractor only for the actual price paid for…