RFP_N62387-15-R-2111.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)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

N62387-15-R-2111 05-Feb-2015

b. TELEPHONE NUMBER

202-685-5433

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 06 Mar 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

CATHERINE BRODO

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

483111

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

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

N62387-15-R-2111

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 21 Days

FIRM PERIOD CHARTER HIRE

FFP

FOB: Destination

NET AMT

0002 Dollars, U.S.

FIRM PERIOD FUEL REIMBUSABLE

0003 Dollars, FIRM PERIOD REIMBUSABLES

0004 14 Days

OPTION PERIOD ONE CHARTER HIRE

0005 Dollars, OPTION PERIOD ONE FUEL REIMBUSABLE

0006 Dollars, OPTION PERIOD ONE REIMBUSABLE

0007 14 Days

OPTION PERIOD TWO CHARTER HIRE

0008 Dollars, OPTION PERIOD TWO FUEL REIMBUSABLE

0009 Dollars, OPTION PERIOD TWO REIMBUSABLE

0010 14 Days

OPTION PERIOD THREE CHARTER HIRE

0011 Dollars, OPTION PERIOD THREE FUEL REIMBUSABLE

0012 Dollars, OPTION PERIOD THREE REIMBUSABLE

0013 Dollars, MOB AND DEMOB

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 30-MAR-2015 TO

19-APR-2015

N/A N/A

0002 POP 30-MAR-2015 TO

0003 POP 30-MAR-2015 TO

0004 POP 20-APR-2015 TO

03-MAY-2015

0005 POP 20-APR-2015 TO

0006 POP 20-APR-2015 TO

0007 POP 04-MAY-2015 TO

17-MAY-2015

0008 POP 04-MAY-2015 TO

0009 POP 04-MAY-2015 TO

0010 POP 18-MAY-2015 TO

01-JUN-2015

0011 POP 18-MAY-2015 TO

0012 POP 18-MAY-2015 TO

0013 N/A N/A N/A N/A

NOTE TO OFFERORS

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

BOXES

B-1 BOX FORMAT

Vessel(s):

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

Solicitation Number (date):

N62387-15-R-2111 (05 February 2015)

Contract Number (date):

TBD

1. Vessel Required:

See RFP PWS

2. Place/Range of Delivery:

Little Creek, VA

3. Place/Range of Redelivery:

Little Creek, VA

4. Charter Period

21-day Firm Period with three (3) 14 -day Option

Periods

5. Lay Days:

30 March 2015

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

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

THE OFFER IS FIRM UNTIL AN AWARD IS MADE

UNLESS WITHDRAWN.

9. Amendments Acknowledged (amendment numbers and dates)

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

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

13. - 17. RESERVED

PER DIEM RATES

FIRM PERIOD

FULL OPERATIONAL STATUS

RATES

18A. USD per diem

FIRST OPTION PERIOD

18B. USD per

SECOND OPTION PERIOD

18C. USD per

THIRD OPTION PERIOD

18 D. USD per

MOB AND DEMOB

18 E. USD per

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

22. Other Costs:

LAYDAYS PROPOSED

23. Laydays Proposed: 24. Estimated Readiness Date:

GENERAL

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

26. Place built: 27. Year built:

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

30. Call Letters: 31. Official number:

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

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

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

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

38. Reserved

39. Length between perpendiculars:

a. (ft) b. (m)

40. Summer mean draft:

41. Reserved

a. (ft) b. (m)

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

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

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

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

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

48. Classification society entered and class assigned:

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

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

53. MARAD subsidized vessel: Yes No

GEAR

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

CASUALTIES/DEFICIENCIES

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

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

FUEL CONSUMPTION AT SERVICE SPEEDS

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

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

60a. Average fuel consumption underway at slow-speed loiter (net bbls at

60 deg F and grade(s))

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

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

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

FUEL CONSUMPTION AT VARIABLE SPEEDS

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

63A: Grades Consumed:

63 B. LADEN TO SUMMER MARKS

Knots

(NM)

Net bbls per mile

Net bbls per day

Operating

Range

01> 02>

03> PLEASE COMPLETE BOX 63B IN ENTIRETY

04>

05> 06>

07>

08> 09>

10> 11>

12> 13>

14>

15>

FUEL GRADE

64. Minimum vessel fuel specifications

Box # CONTINUATION

PERFORMANCE WORK STATEMENT

1.1. General. Military Sealift Command (MSC) requests one vessel to support US Navy submarine rescue utilizing the NATO Submarine Rescue System (NSRS), US Navy Submarine Rescue Chamber Flyaway System

(SRCFS), Assessment Underwater Work System (AUWS), and the US Navy Submarine Rescue Diving and

Recompression System (SRDRS) (collectively referred to as “submarine rescue systems”).

1.2. Area of Operations. The vessel will operate in the Atlantic Ocean in the vicinity of Little Creek, VA

1.3. Operating Scenario: The vessel will be on standby status to support submarine rescue in the event of a contingency.

1.4.. Delivery: Little Creek, VA

1.5 Redelivery: Little Creek, VA

1.6. Charter period: 30 March 2015 – 19 April 2015 (21 days) with three option periods, 20 April 2015 – 03

May 2015 (14 days), 04 May 2015 - 17 May 2015 (14 days) and 18 May 2015 – 01 June 2015 (14 days)

1.7. Lay Days: 30 March 2015, 0800

1.8. Certification . The vessel shall be USCG certified or classed by a recognized Classification Society (ABS or equivalent).

1.9. Endurance/Range: The vessel shall be capable of a minimum14 days un-replenished operation and have a minimum range of 1,000 nautical miles. The vessel shall provide continuous operational availability without interruption to ship’s position keeping capability and provision of emergency essential electrical supplies during the rescue activities.

1.10 Transit Speed: 10 knots (knts)

1.11 Dynamic Positioning: The vessel shall be DP-0 capable.

1.12 Sea Keeping: The vessel shall be capable of transiting in sea conditions up to, and including, significant wave heights of 5 meters.

1.12.1 Wind Speed/Transit Operations: The vessel shall be capable of operating continuously in wind speeds of

30 kts and transiting in wind speeds gusting up to 100 kts.

1.13. Vessel Deck Space/Stern Transom Configuration. The vessel shall have a minimum of 40m x10m or 35m x

12m of contiguous, unobstructed open deck space with an 11m open transom/flat stern or transom bulwark capable of being removed by unbolting or cutting. The vessel shall also have a clear opening at deck level to allow the Portable

Launch and Recovery System (PLARS) to be mounted directly on the transom, thus maximizing clearance between the Mother Ship (MOSHIP) and Submarine Rescue Vehicle (SRV) during launch and recovery.

1.14 Deck Flatness: The vessel shall have sufficient flatness on the working deck in the area of the NSRS installation to provide a height of no more than 4 inches between the lowest and highest local deflection points, including retractable deck equipment.

1.15 Deck Loading Capacity: The vessel shall have a minimum deck loading capacity as follows:

A minimum cargo loading capacity of 5.0 metric tons per square meter.

A minimum deck load capacity of 380 metric tons, with a center of gravity of 4 meters.

1.16 Small boat: The vessel shall provide a small boat (i.e. RHIB, or equivalent), a boat operator (coxswain), fuel, and associated launch and recovery equipment for use during emergency recovery of the rescue vehicle, or any lawful use. The boat must be capable of conducting underway personnel transfers between the vessel and other platforms.

1.17 Power on deck: The vessel shall provide the following individual electrical minimum demands:

Transfer Under Pressure (TUP) Rating 440v, 60Hz, 3ph.

Steady state load demand is 148A.

PLARS Rating 440v, 60Hz, 3ph.

Steady state load demand is 221A.

Battery Charging Module Rating 440v, 60Hz, 3ph. Steady state load demand is 90A. Portable Navigation

Tracking and Communications System (PNTCS) Rating 230v, 60Hz, 1ph (Live and neutral) via 440/230V

1ph transformer.

Steady state load demand is 21A (440V).

If the vessel cannot provide the above power requirements, there must be sufficient deck space in addition to the space required in 1.13 made available to support three (3) Government furnished Rescue Portable Generator Systems

(RPGS) (approx. 20ft x 8ft per RPGS).

1.18 Diesel Fuel Capacity: If the RPGS are used to provide power on deck, the vessel shall provide a minimum of

4200 gallons of light diesel (BS2869, ASTM D975, D74, or EN590 compatible fuel) accessible on the working deck for the RPGS - approximately 300 gallons per day during operations.

1.19 Propulsion and Power Generation Configuration. The vessel shall provide propulsion via shrouded propellers (fixed or CPP). If the ship’s propulsion is delivered via un-shrouded propellers (fixed or CPP), the shafts must be capable of being crash-stopped in an emergency. If electrical power is derived from Shaft Generators, these need to be capable of isolation and supply achieved via alternative methods of power generation

1.20 Fresh Water: The vessel shall provide fresh water at a flow rate of 12l liters/min on demand to the TUP 1m

Header Tank during the operational deployment period.

1. 21 Sea Water. The vessel shall provide 20m

/hour continuous flow for NSRS equipment cooling. For the duration of the resuce operation.

1.22 Working Deck Fire Protection Capability: The vessel shall provide fire-fighting coverage of all GFE on deck.

1.23 Communication/Navigation Equipment. The vessel shall provide ship-to-ship and ship-to-shore voice communications on marine band radio. The vessel shall also provide a 1 meter squared clear desk top area with personnel access on the Bridge or in an Operations Room with a 240v 50 Hz power supply for the Portable

Navigation Tracking and Communication System (PNTCS) Command Console and Secure Communications system.

1.24 Waste disposal capability: In addition to the capacity required for the crew and 12 mission personnel, the vessel shall provide a facility for storing/disposing of human biological waste products from up to 72 personnel

(rescues) in decompression for the 14 day operational period

1.25 Berthing/Messing: The vessel shall provide berthing accommodations and meals (when underway) for 12 mission personnel. Berthing shall conform to USCG standards. Adequate showers/heads shall be provided. All accommodations shall be air conditioned. If the ship is required to get underway during the charter period, the contractor will be reimbursed for sponsor personnel meals, up to $30 per person per day.

1.26 Port Services. It is anticipated that the vessel will be berthed at Navy facilities in Little Creek, VA. The

Contractor shall employ an agent to arrange for all port services on a reimbursable basis (if not provided directly by the Government ) during this charter. Port services shall include tugs, pilots, berthing, potable water, shore power, trash and garbage removal, oily waste removal, sewage removal, hazardous materials removal, line handlers, dedicated telephone service, and liberty launch services.

WAGE DETERMINATION

Wage Determination (2010-0205 R7) is incorporated into this contract and is available upon request. Please contact

Catherine Brodo (catherine.brodo@navy.mil) or Franklin Orvin (franklin.orvin@navy.mil) to obtain wage determination.

RATE STRUCTURE

DAILY HIRE

Except as otherwise provided herein, the daily hire rate shall be considered payment in full for all services of the

Vessel and Associated Equipment and all other requirements under this Charter Party contract, including, but not limited to penalty time, bonuses, payments, and emoluments payable to Master, Officers and crew for services under this Charter, irrespective of the geographic scope of said service and the nominal carriage of ammunition and hazardous cargoes. The Daily Hire rate shall also be considered payment in full for all overtime and port charges.

Fuel expenses and meals for Government personnel while underway are reimbursable.

DELIVERY AND REDELIVERY

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

Delivery/Redelivery Port

Delivery Date

Redelivery Date

Little Creek, VA 11 March 2015 31 March 2015

DELIVERY

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 0800 hours local time (place of delivery) on the canceling date stated.

The Contractor shall give written notice of readiness during office hours to the Contracting Officer’s Representative

(COR) 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, by the COR/Assistant COR (ACOR), 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 the cancelling time listed 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.

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.

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 above in the Notices of Redelivery.

TIME CHARTER

CHARTER PERIOD

This Charter shall be for the periods designated in Period of Performance (see Paragraph 6 of PWS), commencing upon the date shown or the Charterer's acceptance of the Vessel(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. 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. All optional periods shall be in direct continuation. Options shall be exercised pursuant to FAR 52.217-9 or FAR 52.217-8 of this contract.

TIME LOST

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 twenty-four (24) hours 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.

Excessive Time Lost

The Government may by written notice cancel this Charter or Contract at no cost to the Government whenever 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.

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.

CREW AND COMPLEMENT

VESSEL COMPLEMENT AND CREW

The Master(s), Officers and entire crew shall be U.S. Citizens, speak English fluently and possess valid and current certificates, licenses, and documents and have no felony convictions. 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).

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

Charter Party Contract. Contractor shall provide a complete listing of all personnel assigned under the contract to include name, qualification and position held. It shall also indicate those personnel essential to operate the vessels under emergent conditions.

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.

OFFHIRE

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.

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.

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.

INSURANCE

(1) General. During the full period of this Charter Party, the Owner shall maintain marine insurance coverage on the

Vessel, including Hull and Machinery, Protection and Indemnity (P&I), Pollution Liability, War Risk Hull and

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

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

(3) Cancellation or Material Change in Coverage. All policies shall contain an endorsement stating that “in the event of cancellation or any material change in policies adversely affecting the interest of the Government in such insurance, the cancellation or change shall not be effective until 30 days after written notice thereto the Contracting

Officer.” Wording such as “will endeavor to mail notice” or “failure to mail such notices shall impose no obligation or liability” is not acceptable.

(4) Charterer Named Assured. The United States of America shall be named as an additional assured with waiver of subrogation under the Vessel’s Hull and Machinery policy (and the Increased Value policy if applicable), the

Vessel’s P&I entry, any additional pollution liability coverage, the Vessel’s War Risk Hull and Machinery policy including P&I, and Second Seaman’s War Risk.

WAR

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

(2) The Vessel Owner shall immediately notify the Charterer: (i) whenever any sailing orders will result in a vessel subject to this contract being sent beyond the limits of the War Risk Trading Warranties of insurance policies required under this contract (to include entry into a war risk exclusion zone or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places, or any other waters described in the Lloyd’s

Joint War Committee’s current List of Areas of Perceived Enhanced Risk); (ii) if there are any changes to the War

Risk Trading Warranties of insurance policies required under this contract (including changes to the exclusion zones or the List of Areas of Perceived Enhanced Risk) or changes to War Risk premiums, charges, or deductibles; or (iii) whenever additional premium charges or costs will be incurred as a direct result of compliance with any sailing orders issued by the Charterer under this contract. The Owner shall ensure that the insurers provide it relevant information in a timely manner. If the Owner has given this required notice to the Charterer, the Charterer will reimburse the Owner for the increase in costs (if any) of insurance premiums, charges, or deductibles which arise from the vessel sailing beyond the applicable War Risk Trading Warranties (including changes to the war risk exclusion zones) when entry into any exclusion zone or Area of Perceived Enhanced Risk under such insurance has been approved in advance by the Charterer. The issuance of sailing orders, by itself, does not constitute approval in advance by the Charterer. The Charterer may give the Owner notice and instructions concerning suspension of commercial War Risk insurance coverage and substitution of Government indemnity or Government War Risk insurance as detailed in the section entitled “Government War Risk Insurance/Indemnity” below.

(3) Additional Wage Costs. The Charterer shall reimburse Owner for the cost of provable additional master and crew wages (including all additional bonuses and payments required) to the extent that such additional costs arise directly from exposure of the Vessel, and/or Vessel’s master and crew, to the risks described in the paragraph entitled “Voyage Instructions” above. However, any of said wages or payments shall not exceed in amount that which would be payable, under applicable laws and regulations, to U.S. civil service mariners in the employ of the

Military Sealift Command in a similar port, place, zone, or route. Owner shall notify Charterer of all anticipated additional wage costs prior to entering any location which would trigger such additional costs; and no such costs shall be reimbursable unless Charterer, after notification of such costs, provides approval to enter such location.

GOVERNMENT WAR RISK INSURANCE / INDEMNITY

(1) General. Upon receipt of notice and instruction from the Contracting Officer, as specified in the last sentence of

Section (2) of the section entitled “War” above, with respect to any area excluded by the War Risk Trading

Warranties or included by the Lloyd’s Joint War Committee on the Hull War, Strikes, Terrorism and Related Perils

Listed Areas (also known as Listed Areas of Perceived Enhanced Risk) under the Owner’s commercial War Risk coverage, the Owner shall, as soon as practicable, contact its insurance brokers or underwriters and arrange for the suspension of its commercial War Risk insurance upon entry of the vessel into, or extension of stay of the vessel in such area(s), or when the vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or places, or any other waters described in the Lloyd’s Joint War Committee’s current Listed Areas of Perceived

Enhanced Risk, as the case may be, subject to resumption of its commercial War Risk insurance upon exiting such area(s). In such instances, the Owner shall accept the Government’s indemnity or War Risk insurance, whichever is applicable, in lieu of such commercial War Risk insurance. The Owner shall ensure that the suspension of its commercial War Risk coverage is coincident with the time that any Government indemnity or War Risk insurance becomes effective, and shall likewise ensure that its commercial War Risk insurance is resumed at the time when any Government indemnity or War Risk insurance becomes ineffective. The Owner shall retain the same risks, such as deductibles (if any), that it has under its commercial insurance.

(2) Government War Risk Insurance. Under the authority of 46 U.S.C. § 53905, the United States Maritime

Administration (MARAD), at the request of Commander, Military Sealift Command, may furnish the following war risk insurance coverage, which will be effective during the vessel’s transit under this Contract in areas which are in war risk exclusion zones, or waters described in the current Lloyd’s Joint War Committee Listed Areas of Perceived

Enhanced Risk, or otherwise excluded under the Owner’s commercial marine War Risk trading warranties, and which are designated by notice from the Contracting Officer to the Owner:

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

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

(3) Government Indemnity. Under the authority of Public Law 85-804 (72 Stat. 972, August 28, 1958) and

Executive Order 10789, as amended by Executive Order 11610, the Secretary of Defense or the Secretary of the

Navy may authorize the Contracting Officer to indemnify the Owner against loss from risks that would be covered by MARAD war risk coverage as set forth in the paragraph entitled “Government War Risk Insurance” directly above.

REIMBURSABLES

PASS THROUGH REIMBURSABLES

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.

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 (1) through (3) 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.

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

(2) Identification of the proposed subcontractor and price

(3) 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

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.

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.

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.

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.

No notice, communication, or representation from any person other than the Contracting Officer shall affect the

Government’s obligation to reimburse the Contractor.

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.

GOVERNMENT PERSONNEL

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 above, 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.

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.

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

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.

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.

INCIDENT REPORTS

(a) 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.

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.

FUEL

1. 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 and the Charterer shall pay the Owner for such fuel at the current market price at the port of delivery upon certification and verification of such statement by the Contracting Officer, except that for charters where the vessel receives no bunkers during the course of the charter, the Charterer shall reimburse Owner for the amount of fuel used during the Charter at the current market rate at delivery port at time of delivery. The Charterer shall pay for the on-hire bunker survey if performed by an independent surveyor and required by the Contracting Officer. The Owner shall provide additional bunkers as may be required by the Charterer prior to the acceptance of the Vessel by the Charterer; and the Charterer shall reimburse the Owner all costs directly connected with the bunkering of the additional fuel, including but not limited to lighterage, dockage and similar charges, and taxes related therewith.

2. Provision of Fuel. The Charterer shall ordinarily supply or cause to be supplied any or all of the fuel required by the Vessel during the period of this Charter. The grade of such fuel is to be specified by the Owner, and the grade supplied shall be at least that grade unless otherwise mutually agreed.

3. Fuel Oil Sampling and Testing.

a. For charters exceeding six months, the Owner shall provide and install a "continuous drip-type" fuel oil testing flange to obtain fuel samples. The Charterer shall bear all costs for fuel testing. The Charterer will provide to the

Owner all sample bottles, primary sample containers, seals, and prepaid mailers necessary for collecting and testing bunker fuel. During each bunkering, the Owner shall be responsible for collecting the primary sample by IMO

MARPOL VI specified continuous drip sample method, and then generating four individual samples from the primary sample. All samples shall be clearly labeled, sealed and serialized. The four individual samples consist of the 1) MARPOL, 2) Offship Lab, 3) Vendor and 4) Offship Retest samples. The Owner shall retain the MARPOL sample in accordance with MARPOL VI regulations, mail the Offship Lab sample to the Charterer’s designated fuel lab using the prepaid mailer, offer the Vendor sample to the fuel supplier, retain the Offship Retest sample until the later of the time that the fuel is consumed or 90 days. The Owner shall record the serial numbers and disposition of all sample bottles in the Ship’s Log.

b. For charters of six months or less, the Owner shall perform and bear all costs associated with fuel testing. At a minimum the Owner shall collect, seal, and serialize a MARPOL VI retained sample and an Offship Test sample.

The Owner shall have the Offship sample tested in accordance with ISO 8217:2005 for the fuel bunkered. All test results shall be forwarded by email to msc.mschq-fuel.fct@navy.mil.

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.

(4) Owner’s Purchase of Fuel. The Owner shall, if directed by the Charterer, purchase fuel for the Vessel, in which case the Charterer shall reimburse the Owner the cost of all fuel (excluding lube oils and slop removal) procured by the Owner and loaded in the Vessel during the period of this Charter. If the Owner is required to incur costs under this paragraph by the Charterer, the Charterer shall thereafter reimburse the Owner for the reasonable expenses of such fuel upon presentation of properly certified vouchers, supporting receipts, and other documentation which justify the charges as fair and reasonable. The Owner shall not, however, be reimbursed any amount in excess of the mailto:msc.mschq-fuel.fct@navy.mil current market price of such fuel at the place of loading plus all reasonable expenses incurred by the Owner in loading said fuel on board the Vessel. The title to all fuel for the cost 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, in the case of any such fuel which is purchased for the performance of this Charter. The Charterer shall be afforded all benefits of

Owner's contracts for its fuel requirements.

OTHER INFORMATION

POINTS OF CONTACT

1. CONTRACTING QUESTIONS:

a. Contracting Officer, Franklin Orvin, N1031 (202) 685-0345

b. Contract Specialist, Catherine Brodo, N1031 (202) 685-5433

c. Contracting Officer’s Representative, Willie Barnhill, PM2 (202) 685-0035

2. OPERATIONAL QUESTIONS:

a. Willie Barnhill (202) 685-0035

ECMRA

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

Enterprise-Wide Contractor Manpower Reporting Application (ECMRA)

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

The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities

(3) Y, Construction of Structures and Facilities;

(4) S, Utilities ONLY; and

(5) V, Freight and Shipping ONLY.

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

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

CLAUSES INCORPORATED BY FULL TEXT

https://doncmra.nmci.navy.mil/ https://doncmra.nmci.navy.mil/

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.