N62387-15-R-2102_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)

35.5

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

N62387-15-R-2102 10-Dec-2014

b. TELEPHONE NUMBER

202-685-5955

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 09 Jan 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

JAMES C. SLEDGE

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-2102

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 Days

FIRM PERIOD DAILY HIRE

FFP

FOB: Destination

NET AMT

0002 Hours

FIRM PERIOD OVERTIME

0003 Dollars, U.S.

FIRM PERIOD REIMBURSABLES

1001 Days

OPTION PERIOD ONE DAILY HIRE

1002 Hours

OPTION PERIOD ONE OVERTIME

1003 Dollars, OPTION PERIOD ONE REIMBURSABLES

2001 Days

OPTION PERIOD TWO DAILY HIRE

2002 Hours

OPTION PERIOD TWO OVERTIME

2003 Dollars, OPTION PERIOD TWO REIMBURSABLES

3001 Days

OPTION PERIOD THREE DAILY HIRE

3002 Hours

OPTION PERIOD THREE OVERTIME

3003 Dollars, OPTION PERIOD THREE REIMBURSABLES

4001 Days

OPTION PERIOD FOUR DAILY HIRE

4002 Hours

OPTION PERIOD FOUR OVERTIME

4003 Dollars, OPTION PERIOD FOUR REIMBURSABLES

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

1001 N/A N/A N/A Government

1002 N/A N/A N/A Government

1003 N/A N/A N/A Government

2001 N/A N/A N/A Government

2002 N/A N/A N/A Government

2003 N/A N/A N/A Government

3001 N/A N/A N/A Government

3002 N/A N/A N/A Government

3003 N/A N/A N/A Government

4001 N/A N/A N/A Government

4002 N/A N/A N/A Government

4003 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-APR-2015 TO

31-MAR-2016

N/A N/A

0002 POP 01-APR-2015 TO

0003 POP 01-APR-2015 TO

1001 POP 01-APR-2016 TO

31-MAR-2017

1002 POP 01-APR-2016 TO

1003 POP 01-APR-2016 TO

2001 POP 01-APR-2017 TO

31-MAR-2018

2002 POP 01-APR-2017 TO

2003 POP 01-APR-2017 TO

3001 POP 01-APR-2018 TO

31-MAR-2019

3002 POP 01-APR-2018 TO

3003 POP 01-APR-2018 TO

4001 POP 01-APR-2019 TO

29-FEB-2020

4002 POP 01-APR-2019 TO

4003 POP 01-APR-2019 TO

NOTICE TO OFFERORS

A. OFFEROR FILL-IN CLAUSES

Offeror fill–in clauses 52.203-2 and 52.212-3 required for this solicitation are provided for the convenience of Offerors in the Submission Package. It also provides a form to record the offered prices and forms for the proposed Vessel characteristics, the Vessel Casualty and Strike Contingency Plans and the Past Performance Questionnaire.

END OF NOTICE TO OFFERORS

NOTES ON CONTRACT

B. SCHEDULE OF ESTIMATES

The following estimates are not a guarantee of work. This information is provided for contractor estimation purposes and for contract evaluation purposes see provision 52.212-2. Any difference in the actual numbers or workload experienced shall not form the basis of any claim or equitable adjustment.

Period

Estimated

Overtime

Hours

Firm Period 10

Option Period One 10

Option Period Two 10

Option Period Three 10

Option Period Four 9

C. SCHEDULE OF SUPPLIES AND SERVICES

1. The Schedule of Supplies and Services follows as CLINS under this contract.

2. The following tables will be filled in by the government at award:

a. Rate Schedule

b. CLIN price and quanity of data

c. Authorized Vessels

3. INVOICE INSTRUCTIONS:

a. Invoices shall be submitted in accordance with the instructions in DFARS clause 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) and DFARS clause 252.232-2006, Wide Area Work Flow Payment Instructions. Also, see the Section WAWF

Instructions below.

DAILY RATES

CONTRACT PRICING FOR DAILY RATES AND OVERTIME RATES

(To be filled in by the Government at award)

Firm

Option

One

Option

Two

Option

Three

Option

Four

Daily Hire Rate

(Per Day)

Overtime

Rate (Per Hour)

Mob/Demob

Wage Determination (2010-0205 Rev. 6) is incorporated into this contract and is available upon request, at www.msc.navy.mil. Click on Contracts/Library of Common Documents.

Funding will be added under the CLINs above for Daily Hire and reimbursable expenses for each fiscal year.

Expenditures may not exceed the funding on any CLIN for that purpose.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Place of Performance

Geographic Region(s)

San Diego, CA

Surrounding Waters

Periods of Performance

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 http://www.msc.navy.mil/

MINIMUM VESSEL CHARACTERISTICS

CHARACTERISTIC

MINIMUM

CHARACTERISTIC

MINIMUM

FLAG USA

MAXIMUM LENGTH

OVERALL

60 FT.

BOLLARD PULL

Minimum 15,000 lbs. forward bollard pull.

MAXIMUM BEAM 20 FT.

SURFACE FENDERING

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

MAXIMUM DRAFT 8 FT.

SUBSURFACE

FENDERING

Non-marking fendering, clean and sufficient to prevent metal-to-metal contact with sub-surface vessels. Fendering should be firmly secured to vessel along entire length.

Fendering includes propeller guards, if applicable

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

REIMBURSABLE EXPENSES

38. PASS THROUGH REIMBURSABLE EXPENSES

(a) The Government will reimburse the Contractor only for the actual price paid for those supplies and services that are expressly identified as reimbursable items by this contract. “Actual price" paid by the

Contractor for such supplies and services, includes tax paid, if any, and reduced by any and all credits and rebates, whether accrued or realized, associated with the supplies and services provided. “Actual price” does not include material handling charges, overhead, general and administrative costs, profit, or any other indirect cost that is in any way associated with the Contractor’s purchase or provision of such supplies and services. The parties expressly agree that the offered and accepted daily rate 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.

(b) 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. In the case of fuel purchases, unless directed otherwise by the Contracting Officer, the Contractor shall provide the documentation listed in subparagraphs (i) through (iii) below to the Contracting Officer for approval prior to purchasing fuel.

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.

(i) A description of the supplies or services to be subcontracted

(ii) Identification of the proposed subcontractor and price

(iii) 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

(c) 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 was fair and reasonable.

(d) 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.

(e) 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.

(f) 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.

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

(h) 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.

39. FUEL.

(a) Delivery Bunkers. Upon delivery of the Vessel, 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 Vessel(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 Vessel 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 Vessel, 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 Vessel 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 Vessel; handling lighter lines; and such similar expenses which the Charterer shall find were necessary to pay for the loading of fuel on the Vessel(s) during the period of this Charter.

40. PORT CHARGES AND EXPENSES

Expenses for Charterer. Except as otherwise provided herein, Charterer shall pay expenses of loading and unloading cargo and all wharfage, dockage, canal tolls, dues, taxes, and similar port charges imposed by public authority including consular charges (except those pertaining to the Master, officers, and crew) incurred by the

Vessel in ports visited pursuant to Charterer’s direction. Agency fees, provided not incurred for the convenience of the Vessel or owner shall also be for Charterer’s account. The Charterer shall pay all pilotage charged to the

Vessel; however, in no case shall the Charterer reimburse the Owner for pilotage paid to the Master or other members of the crew. Surveyors or consultants as mutually agreed may be retained under this Charter in order to facilitate fact-finding in respect of actual or potential claim actions or for inspection or surveys generally; the costs shall be incurred only after prior written approval from the Contracting Officer.

41. 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, 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 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.

PLANS AND REPORTS

PLANS AND REPORTS

42. 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.

43. 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 Vessel or to a system that makes the Vessel 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 vessel 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.

44. EMERGENCY SITUATION TRAINING PLAN. No more than 30 days prior to delivery 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.

45. FUEL REPORTS. Monthly, no later than the fifth working day of each month, submit a written report to the

Contracting Officer that states the amount of fuel consumed by each vessel 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 vessel, separately state the total amount and the price-per-gallon paid for each time fuel was purchased.

46. INCIDENT REPORTS. In all instances in which any vessel being handled by Owner’s Vessel(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 Vessel Master or Officer acting as pilot, and from any licensed pilot aboard the vessel being handled. Owner shall submit said report to the Contracting Officer within twenty-four 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.

47. COMPLIANCE: All vessels shall be compliant with all applicable Federal and state laws and regulations and in particular, with all applicable U.S. Coast Guard regulations for vessels and their operation.

INSURANCE, WAR, AND WAR RISK

INSURANCE

48. Vessel Owner’s Insurance

(a) General. During the full period of this Charter Party, the Owner shall maintain marine insurance coverage on the Vessel, including Broad Form Tower’s Liability Insurance (including damage to the Tow) on each vessel performing under this Contract, Hull and Machinery, Protection and Indemnity (P&I) (including

Tower’s Protection and Indemnity Liability Insurance on each vessel performing under this Contract), Pollution Liability, War Risk Hull and Machinery, War Risk P&I, Second Seamen's War Risk and

Government Personnel 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). 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.

(b) 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 (a) 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 (a).

(c) 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.

(d) Charterer Named Assured. The United States of America shall be named as an additional assured with waiver of subrogation under the Vessel’s Broad Form Tower’s Liability policy, Tower’s P&I policy, 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.

49. War

(a) Voyage Instructions. 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.

(b) 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…