N62387-15-R-2102_Amendment_0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to modify the Minimum Vessel Characteristics stated in the RFP and request Final Proposal Revisions.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

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

16C. DATE SIGNED

BY 27-Jan-2015

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N62387-15-R-2102

X 9B. DATED (SEE ITEM 11)

10-Dec-2014

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

27-Jan-2015

CODE

MILITARY SEALIFT COMMAND N10 WASH

914 CHARLES MORRIS COURT SE

WASHINGTON NAVY YARD DC 20398-5540

N62387 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N62387-15-R-2102

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 001

The time and date for receipt of Final Proposal Revisions (FPRs) is January 29, 2015 at 1500 hours local Washington DC time. Discussions shall remain open until FPRs are due.

Final Proposal Revisions shall be in writing. E-mail Final Proposal Revisions to:

James.sledge@navy.mil

The Government intends to make award without obtaining further revisions. Final Proposal Revisions should acknowledge all amendments to the RFP.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Place of Performance

Geographic Region(s)

San Diego, CA

Surrounding Waters

Periods of Performance

Period Length

Date of Commencement

Date of Completion

Firm Period 366 days 01 April 2015 31 March 2016

Option Period One 365 days 01 April 2016 31 March 2017

Option Period Two 365 days 01 April 2017 31 March 2018

Option Period Three 365 days 01 April 2018 31 March 2019

Option Period Four 335 days 01 April 2019 29 February 2020

MINIMUM VESSEL CHARACTERISTICS

CHARACTERISTIC

MINIMUM

CHARACTERISTIC

MINIMUM

FLAG USA MAXIMUM LENGTH

OVERALL 60 FT.

MAXIMUM BEAM 20 FT.

SHAFT HORSEPOWER

800 hp MAXIMUM DRAFT 8 FT.

SURFACE FENDERING

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

MINIMUM EYE-

LEVEL HEIGHT 12 FT.

CAPSTANS/WINCHES

Sufficient for services performed under this contract

LINES Sufficient for services performed under this contract

NAVIGATION

EQUIPMENT

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

COMMUNICATION

EQUIPMENT

Minimum required by the U.S.C.G.

and FCC for inland and international waters.

REQUESTS FOR SERVICE

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

a) Contracting Officer; or

b) Regional Program Director, Navy Region Southwest Port Operations or his/her designee;

c) Port Operations Harbor Master, or

d) Contracting Officer’s Representative (COR).

AUTHORIZED VESSELS

Name SHP Bollard Pull

(lbs) Name SHP Bollard Pull

NOTIFICATION TIMES

Time Required Response

Straight Time: a 12-hour period between 0600-1800 hours (Mon. – Fri. except weekends and Federal Holidays) 15 minutes

Overtime: All hours not covered in straight time, and all weekends and Federal Holidays.

1 hour

AVAILABILITY / NOTIFICATION

2. AVAILABILITY. The Vessel will be available 24 hrs/day, seven days/week and 365 days per year. After receiving a request for service from an authorized Government offical (See “Requests for Service” above), the Vessel shall be fully crewed and ready for service in accordance with the table under “Notification Times” above.

3. NOTIFICATION. When Vessel service is requested, service shall be provided within the time specified in the

“Required Response” boxes in the table above entitled Notification Times.

RATE STRUCTURE

4. This Charter Party contract has a daily hire rate structure as follows:

(a) DAILY HIRE RATE STRUCTURE

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

(ii) Overtime: The overtime rate is the hourly differential to be added to the daily hire rate and shall cover all additional costs for operating the vessel during the overtime periods and shall be prorated to the nearest quarter-hour.

5. The rates to be paid under this Charter Party contract, as offered and accepted at the time of award, are provided in the table entitled Rate Schedule, which shall be filled in by the Government at the time of award.

GOVERNMENT PROVIDED SERVICES / FACILITIES

6. The Government shall provide the following to the contractor during period(s) of service:

a. Dockage and hotel services (electricity, water and sewage);

b. Parking space for one vehicle.

POINTS OF CONTACT

7. CONTRACTING QUESTIONS:

a. Contracting Officer, Cathlene Jo Stangler, N1031 (202) 685-5507

b. Contract Specialist, James Sledge, N1031 (202) 685-5955

c. Contracting Officer’s Representative, Paul Patricio, NRSW N31 (619) 556-2772

8. OPERATIONAL QUESTIONS:

a. Paul Patricio, NRSW N31 (619) 556-2772

DESCRIPTION OF SERVICES

9. CHARTER PARTY. This is a Charter Party contract for one (1) time-chartered Pusher Boat in San Diego, CA.

The Vessel charter is for a firm period of 366 days with options for three (3) additional one-year periods and one (1) additional 335 day period to support the Government's requirement. Contractor shall provide the Vessel(s) named in the table entitled Authorized Vessels by the stated canceling date. Only the Vessel(s) named, or substituted in accordance with the Substitution of Vessels clause, may be used under this contract.

10. PLACE OF PERFORMANCE. The place of performance shall be in the geographical region of San Diego, CA and the surrounding navigable waters. Within this geographical region, the Vessel(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 Vessel(s) can always lie safely afloat except in harbors or waters where it is customary and safe in the port to work aground.

11. GEOGRAPHICAL REGION. Vessel(s) will be home berthed in the Geographical Region noted above. The

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

The Vessel(s) shall remain on site at the base assigned 24 hours a day, 7 days a week when not on mission, undergoing refueling or required at a shipyard.

12. CHARTER PERIOD.

(a) This Charter Party shall be for the periods designated in the table entitled Periods of Performance, commencing upon the date shown or the Charterer's acceptance of the Vessel(s), which ever occurs later, and continuing until either the date of completion or the completion of the voyage then current, at Charterer's sole option. 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 clause 52.217-9, Option to Extend the Term of the Contract.

13. 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 firm or option 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.

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

59 months.

15. DELIVERY.

(a) The Vessel(s) and all Associated Equipment shall be delivered in the condition described below to the Charterer at a port or place indicated 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 Vessel(s) by the Charterer but not before the commencing date stated in the solicitation, unless approved in writing in advance by the Contracting Officer. Charterer shall have the liberty to cancel this Charter at no cost to the Government should the Vessel(s) or Associated Equipment not be ready in accordance with the provisions hereof by the canceling date. Said cancellation is to be declared not later than twenty-four (24) hours after 1600 hours local time (place of delivery) on the stated canceling date.

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

(b) Condition. The Vessel 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.

16. 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 performance work statement.

17. AUTHORIZED VESSELS. The Vessel(s) used for performance of this Contract shall be only those identified in the table under Requests for Service entitled Authorized Vessels (to be filled in upon contract award), or any authorized substitutes provided in accordance with the Substitution of Vessels clause of this Contract.

APPROVED VESSELS AND CREW

18. The Vessel(s) chartered under this Charter Party contract shall have the minimum characteristics as described in the Minimum Vessel Characteristics chart. Specifications and characteristics exceeding the minimum, if offered and accepted by the Government, are incorporated by reference upon contract award and become the minimum requirement.

SUBSTITUTION OF VESSELS:

19. Substitution of Vessels 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 Vessel being substituted and the Vessel 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 Vessel 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.

20. The Contractor shall fix and deploy a substitute Vessel 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 (See clause 52.212-4 addendum, “Off-hire” paragraph), whichever occurs first.

21. Any Vessel 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 Vessel for which substituted and shall be fully ready to perform in accordance with this Charter Party upon arrival at the work site designated by Charterer. Any Vessel 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.

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

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

VESSEL COMPLEMENT AND CREW:

24. 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 Vessel(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 Vessel(s) shall be under the direction of the Government as regards the employment of the Vessel(s) under a given order, but shall not be under Government's orders as regards navigation, care, and custody of the Vessel(s).

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

26. 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.

27. All contractor employees shall have in their possession photo identification at all times when working under this

Charter Party Contract.

28. 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.

29. Each new Vessel master of vessels shall complete CNRSW Vessel master PQS for familiarization prior to assignment as Vessel master.

TYPICAL SERVICES

30. 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 below 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 Vessels or vessels separately or jointly with Owner's Vessels in the performance of any services listed in this Contract;

(1) The following is a list of vessel classes that are likely to be supported during the term of any contract resulting from this RFP. The list is for demonstration purposes only and is not a guarantee of vessel types to be supported and is not all-inclusive:

a. T-AE, AFDM, T-AFS, T-AKE, T-AO, T-AOE, T-AOR, T-ARS, AS, T-ATF, CG, CVN, DDG, FFG, IX, LHA, LHD, LKA, LPD, LSD, LMSR, MCM, SS, SSBN, SSN, foreign military vessels equivalent to any of the above;

(b) Transfers of pilots and Government Personnel by vessel.

(c) Movement of any or all related berthing equipment such as camels or fenders as required to moor or nest ships and the movement of paint floats as directed.

(d) Vessel emergency support services, including responses to weather conditions threatening vessels, piers, dry-docks, or shore facilities; shipboard fires; collaborative fire support; 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;

(e) Line handling; and

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

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

OTHER SERVICES

32. 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.

33. 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 REIMBURSABLE EXPENSES Section of the Contract.

OFFHIRE

34. 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. Offhire is on a per vessel basis. Offeror may be allowed to substitute a vessel in accordance with the Substitution clause.

35. 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

36. 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.

37. 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.

END OF PERFORMANCEWORK STATEMENT

(End of Summary of Changes)