RFP_15-R-2112.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)

$38.5

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

N62387-15-R-2112 18-May-2015

b. TELEPHONE NUMBER

202-685-0345

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 18 Jun 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

FRANKLIN ORVIN

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

0 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

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-2112

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Class A Tug Services - Firm Period

FFP

Two Tugs for Class A tug services in Bremerton, Everett, Manchester, and Pt. Hadlock FOB: Destination

NET AMT

Class B Tug Services - Firm Period

FFP

Two Tugs for Class B tug services in Bremerton, Everett, Manchester, and

Class A Tug Services - Option Period 1

FFP

Two Tugs for Class A tug services in Bremerton, Everett, Manchester, and

Class B Tug Services - Option Period 1

FFP

Two Tugs for Class B tug services in Bremerton, Everett, Manchester, and

Class A Tug Services - Option Period 2

FFP

Two Tugs for Class A tug services in Bremerton, Everett, Manchester, and

Class B Tug Services - Option Period 2

FFP

Two Tugs for Class B tug services in Bremerton, Everett, Manchester, and

Class A Tug Services - Option Period 3

FFP

Two Tugs for Class A tug services in Bremerton, Everett, Manchester, and

Class B Tug Services - Option Period 3

FFP

Two Tugs for Class B tug services in Bremerton, Everett, Manchester, and

Class A Tug Services - Option Period 4

FFP

Two Tugs for Class A tug services in Bremerton, Everett, Manchester, and

Class B Tug Services - Option Period 4

FFP

Two Tugs for Class B tug services in Bremerton, Everett, Manchester, and

NOTES ON CONTRACT

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

C. 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.

Number of Call-Outs per Period*

Port & Tug Class Number of Call Outs Bremerton Class A 8 Bremerton Class B 10 Everett Class A 10 Everett Class B 10 Manchester Class A 2 Pt Hadlock Class A 10 Pt Hadlock Class B 2

*The average working time for each tug is estimated to be approximately one hour 15 minutes per call-out. The average call-out requires no more than one tug.

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 quantity 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 252.232-7006, Wide Area Work Flow Payment Instructions (MAY 2013). Also, see the MSC-Specific WAWF Instructions, later in this contract.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

1. This Contract requires two (2) Class A and two (2) Class B U.S. flag tugs to provide harbor support services and ship handling for the designated areas of Puget Sound, WA.

2. This contract is for all requirements that cannot be satisfied with Government-owned, government-controlled or time chartered vessels (both current and follow-on contracts with essentially the same terms). The actual work may vary considerably from the schedule of estimates contained herein.

3. AREA OF OPERATIONS: Within the geographical regions listed below, Tug(s) may be ordered to any berth, dock, anchorage, wharf, place, open roadstead, or alongside any vessel, barge, lighter, craft, hull, derrick, or object of whatsoever nature that the Government may direct, provided the Tug can lie always safely afloat except in harbors or waters where groundings are custom of the port.

Geographical Regions

• Bremerton, WA

• Everett, WA

• Manchester, WA

• Port Hadlock, WA

4. Period of Performance

Period Name Duration Commencement Date End Date

Firm Period 366 Days 01 Oct 2015 30 Sept 2016 Option One 365 Days 01 Oct 2016 30 Sept 2017 Option Two 365 Days 01 Oct 2017 30 Sept 2018

Option Three 365 Days 01 Oct 2018 30 Sept 2019 Option Four 366 Days 01 Oct 2019 30 Sept 2020

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

a) Contracting Officer; or

b) Contracting Officer’s Representative (COR);

c) Alternate Contracting Officer’s Representative (ACOR) (in COR’s absence).

6. The Tug(s) chartered under this contract shall have the minimum characteristics as described in the tug characteristics chart in the Tug Characteristics Sheet. 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.

Name SHP/

BHP*

Bollard

Pull Name SHP/

BHP*

Bollard

Pull Class A Tons Class B Tons

Note: Tug specifications and Characteristics, as accepted by the Government at time of award, are incorporated by reference.

7. When tug service is requested, services shall be provided within the time specified in the “Required Response” boxes below.

Notification Time and Required

Response

• 5 hours (Manchester)

• 4.5 hours (Bremerton)

• 6.5 hours (Everett )

• 8 hours (Port Hadlock)

NOTE: Contractors shall respond to emergencies with utmost dispatch.

ORDERING

8. METHOD OF ORDERING:

a) Orders may be issued by:

i. DD Form 1155 (via facsimile, hardcopy or electronically); or

ii. Orally (To be confirmed in writing within 10 days).

b) Orders may be issued for:

i. A specific movement;

ii. Multiple movements to be performed.

9. SCHEDULE MINIMUM TOTAL ORDER QUANTITY: This contract may or may not incorporate a minimum guaranteed amount. The inclusion of a guaranteed amount is designated by a check in the boxes below:

a) ☐ CONTRACT HAS A MINIMUM GUARANTEE:

i) The government guarantees that it will order a minimum amount of work that will have a dollar amount equivalent to the following:

Rate (straight-time): Units (straight-time)

b) ☒ CONTRACT HAS NO MINIMUM GUARANTEE.

10. RATES FOR SERVICES

Firm Period Tug Rates:

Port & Tug Class Tug Service Rate Hourly Rate Cancelled

Orders Bellingham Class A Bremerton Class A Bremerton Class B Everett Class A Everett Class B Manchester Class A Pt Hadlock Class A Pt Hadlock Class B Seattle Class A Seattle Class B

Tacoma Class A Tacoma Class B

Option 1 Tug Rates:

Port & Tug Class Tug Service Rate Hourly Rate Cancelled

Orders Bellingham Class A Bremerton Class A Bremerton Class B Everett Class A Everett Class B Manchester Class A Pt Hadlock Class A Pt Hadlock Class B Seattle Class A Seattle Class B Tacoma Class A Tacoma Class B

Option 2 Tug Rates:

Port & Tug Class Tug Service Rate Hourly Rate Cancelled

Orders Bellingham Class A Bremerton Class A Bremerton Class B Everett Class A Everett Class B Manchester Class A Pt Hadlock Class A Pt Hadlock Class B Seattle Class A Seattle Class B Tacoma Class A Tacoma Class B

Option 3 Tug Rates:

Port & Tug Class Tug Service Rate Hourly Rate Cancelled

Orders Bellingham Class A Bremerton Class A Bremerton Class B Everett Class A Everett Class B Manchester Class A Pt Hadlock Class A Pt Hadlock Class B Seattle Class A Seattle Class B

Option 4 Tug Rates:

Port & Tug Class Tug Service Rate Hourly Rate Cancelled

Orders Bellingham Class A Bremerton Class A Bremerton Class B Everett Class A Everett Class B Manchester Class A Pt Hadlock Class A Pt Hadlock Class B Seattle Class A Seattle Class B

a) Service Rate: This rate is for the provision of any type of work that the vessel can perform and that is contemplated by this contract. This rate includes all of the following items: overtime (including but not limited to crew overtime/penalty time); penalty time; fuel costs; bonuses; payments; emoluments payable to the Master, Officers and crew for services under this contract; the cost, if any of transit to and from the location; and any other costs incurred in responding to the Government's order. The Vessel Service Rate shall be earned for the first hour of service, such service to be calculated from the date and time the vessel reports in all aspects ready to perform at the location, time and date specified in the Government order, but no earlier than the date and time specified in the order, unless agreed upon by the Government. Consecutive work shall not incur more than one Service Rate charge unless the Vessel is released from Government control between work.

b) Hourly Rate: Each job shall earn the Hourly Rate, pro-rated to the nearest quarter hour, after completion of the first hour of service. The Hourly Rate will continue to be earned until the Government dismisses the tug.

c) Cancelled Orders: Orders cancelled outside the required notification period shown in the Performance

Work Statement will incur no charge. Orders cancelled within the required notification period will incur a charge equal to two hours at the hourly rate.

11. The Government shall provide the following to the contractor:

a) None

12. CONTRACTING QUESTIONS:

a) Contract Specialist, Mr. James Sledge, COMSC N1031, (202) 685-5955

b) Contracting Officer, Mr. Carley Orvin, COMSC N1031, (202) 685-0345

13. OPERATIONS QUESTIONS:

a) Technical Specialist: Richard Carmack, 202-685-5989

b) Project Officer: Gladys Fisher, 202-685-5775

c) Contracting Officer’s Representative: Mr. Kevin Jochem, (360) 476-3543

d) Contracting Officer’s Representative: Mr. Roy Johnson (360) 476-0827

14. The tugs under this contract shall have the following minimum characteristics:

CLASS A TUGS (2)

CHARACTERISTIC

MINIMUM

FLAG USA SEWAGE CAPACITY One working day

SURFACE

CONFIGURATION AND

FENDERING

Configured with non-marking fendering, clean and sufficient to prevent metal-to-metal contact with surface vessels

CAPSTANS/WINCHES Sufficient for services performed under this contract

LINES Sufficient for services performed under this contract

PROPULSION TYPE Twin Screw or better

SHAFT HORSEPOWER 3000 SHP BOLLARD PULL

(ahead)

90,000 lbs.

BOLLARD PULL

(athwartship)

75,000 lbs BOLLARD PULL (amidship)

60,000 lbs

CLASS B TUGS (2)

FLAG USA SEWAGE CAPACITY One working day

SURFACE

CONFIGURATION AND

FENDERING

Configured with non-marking fendering, clean and sufficient to prevent metal-to-metal contact with surface vessels

CAPSTANS/WINCHES Sufficient for services performed under this contract

LINES Sufficient for services performed under this contract

PROPULSION TYPE Twin Screw or better

SHAFT HORSEPOWER 2000 SHP BOLLARD PULL

(ahead)

40,000 lbs.

GENERAL REQUIREMENTS

TYPICAL SERVICES

15. 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, 7 day per week 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 Tugs or vessels separately or jointly with Owner's Tugs in the performance of any services listed in this Contract;

b) Transfers of pilots and Government Personnel by vessel.

c) Tug 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;

d) Line handling; and

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

16. Owner's Representative shall provide adequate staff and communications to promptly respond to Government's requests for services under this Contract on a 24-hour-day basis.

17. NOTE: Contractors shall respond to emergencies with utmost dispatch.

18. Vessel security screening may be conducted while the vessel is on hire. The vessel’s hull may be searched by a Navy diver. Navy working dogs may be used to conduct security sweeps of the Tug(s) and all items being loaded prior to each call-out.

SUBSTITUTION OF TUGS

19. Substitution of tugs is authorized, but only for good cause shown and only upon proper notice to the Government and approval by the Contracting Officer. Notice of intent to substitute by the contractor shall identify the tug being substituted and the tug for which substitution is being made and shall provide the Contracting Officer with sufficient information on which to base a determination regarding good cause for substitution and the acceptability of the nominated substitute vessel. Notice shall be submitted in writing and shall be submitted sufficiently in advance to permit the Contracting Officer to make a reasoned determination regarding good cause and substitute tug suitability.

If circumstances require oral notification, said notice shall provide all of the above required information and shall include a statement of circumstances that preclude a written notice prior to substitution. Confirmation of the information given in and oral notice shall be submitted to the Contracting Officer in writing within forty-eight (48) hours of the giving of oral notification.

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

21. Contracting Officer’s notice of acceptance or rejection of the substitute tug 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 tug.

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

TUG COMPLEMENT AND CREW

23. The Master(s), Officers and entire crew shall speak English fluently and possess valid and current certificates, licenses, and documents. The Master, Officers and crew of the Tug(s) shall be appointed or hired by the Contractor and shall be deemed to be the servants and agents of the Contractor at all times except as otherwise expressly specified in this contract. The Master(s) of the Tug(s) shall be under the direction of the Government as regards the employment of the Tug(s) under a given order, but shall not be under Government's orders as regards navigation, care, and custody of the Tug(s).

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

25. 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.

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

27. 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.

WAGE DETERMINATION

Wage Determination 2010-0205 R7 is incorporated into this contract and is available upon request, or at https://www.procurement.msc.navy.mil/procurement/contract/Welcome.jsp. Any subsequent wage determinations or revisions as appropriate will be incorporated into the contract when they become effective.

PLANS AND REPORTS

PLANS AND REPORTS

29. 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.

30. 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.

https://www.procurement.msc.navy.mil/procurement/contract/Welcome.jsp

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.

31. 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.

32. 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

32. 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.

33. 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 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.

(c) 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.

34. Government War Risk Insurance / Indemnity

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

(b) 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:

(c) War Risk Protection and Indemnity insurance covering all liabilities up to an amount of $250,000,000;

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

(d) 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.

SOLICITATION PROVISIONS

WAWF INSTRUCTIONS

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

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

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

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

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

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

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

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

(End of instructions)

52.212-4 ADDENDUM

In accordance with FAR 12.301(e) and FAR 12.302, the following paragraphs, stating additional terms and conditions consistent with customary commercial practice and necessary for performance of the contract, are added to FAR 52.212-4.

(a) NO COST CANCELLATION OF CONTRACT. The Government shall have the right to cancel the contract at no cost upon 30-days written notice by the Contracting Officer in any option period.

(b) INVOICE ADDRESS. See DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT

INSTRUCTIONS.

(c) LAWS GOVERNING. This Charter Party shall be governed by the laws of the United States.

(d) STANDARDS OF APPEARANCE. It is important that the Vessel operation meets the highest possible standards of appearance and Vessel smartness. To this end, the Owner and operator will institute a continuous program of Vessel maintenance. The hull, decks, deckhouse, and all appurtenances will be cleaned and preserved as necessary and painted as required. The interior of the Vessel's deckhouses will be maintained in a clean and orderly state, with all equipage properly and securely stowed. The main and auxiliary machinery spaces will be kept clean and free of excessive accumulations of oil and debris. All spaces will be lighted to allow safe operation and correct maintenance of machinery and equipment.

(e) WAIVER OF CLAIMS. All claims whatsoever under this contract must be submitted to the Contracting

Officer pursuant to the clause entitled “Disputes” within six months of the accrual of the claim. All claims not so submitted shall be deemed waived by the Owner.

(f) GENERAL DEFINITIONS.

(1) "Assisting" - Movement of a tow, which is making use of, or which has available for use, her own propulsion

(2) "Associated Equipment" - Construed to include all Contractor-furnished or owned equipment necessary for performance under this Contract

(3) "Crew" – Members of the Vessel(s) identified in rate schedule.

(4) "Dry-docking" - For purposes of this Contract dry-docking shall mean any removal of the Vessel from the water for any purpose.

(5) "Line-handling" - Movement or transportation of the tow's lines ashore by Vessel's crew

(6) "Master" – Master of the Vessel identified in the rate schedule

(7) "Overtime" – As shown in statement of work.

(8) "Owner" - That entity exercising commercial control of the Vessel(s) identified in the Rate Schedule;

interchangeable with "contractor" and "offeror" and to include disponent owners and all the shipowner's and disponent owner's agents, employees, independent contractors, Master, Officers, and crew

(9) "Owner's Representative" - See "Representative", below

(10) "Place" - Any berth, dock, anchorage, submarine line, alongside any Vessel or lighter or any other place whatsoever to which Charterer is entitled to direct the Vessel hereunder

(11) "Representative" - Foreman, superintendent, dispatcher, supervisor, or manager employed and designated by Owner to respond to Government requests for service under this Contract

(12) "Vessel/Vessels" - Those Vessels identified in the Rate Schedule and any other Vessel(s) accepted by the

Government for use under this Contract (the word "Vessel" as used in this Contract is both plural and singular).

ATTACHMENT B

ATTACHMENT (B)

PAST PERFORMANCE DATA

1. Complete Name of Reference (Government agency, commercial firm, or other organization)

2. Complete Address of Reference

3. Contract Number or other control number

4. Date of contract

5. Date work was begun

6. Date work was completed

7. Contract type, initial contract price, estimated cost and fee, or target cost and profit or fee

8. Final amount invoiced or amount invoiced to date

9a. Reference/Technical point of contact (name, title, address, telephone

no. and email address)

9b. Reference/Contracting point of contact (name, title, address, telephone no. and email address)

10. Location of work (country, state or province, county, city)

11. Current status of contract (choose one):

[ ] Ongoing [ ] Complete [ ] Terminated for Convenience [ ] Terminated for Default [ ] Other (explain)

12. Provide a summary description of contract work. Describe the scope and complexity of work, its relevancy to the efforts to be performed under this solicitation and a description of any problems encountered and your corrective actions. Additional details, to include past performance information regarding predecessor companies, key personnel who have relevant experience and subcontractors that will perform major or critical aspects of the requirement can be attached to this form, but shall not exceed two (2) pages in length.

13a. Did this contract require a Small Business Subcontracting Plan pursuant to FAR 52.219-9? Yes __, No__.

13b. If “Yes” to 13a, have you regularly submitted your reports in the Electronic Subcontract Reporting System (ESRS) in a timely manner? Yes __, No__.

If no, why not?

14. Address historical compliance with the requirements of FAR Part 52.219-8 (Utilization of Small Business Concerns) for government contracts. (Large Businesses: Address historical compliance with the requirements of FAR 52.219-9 (Small Business Subcontracting Plan) and DFARS 252.219-7003 (Small Business Subcontracting Plan, DOD Requirements).

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.216-18 Ordering OCT 1995 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

DEC 2012

52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information AUG 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

DEC 2014

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) OCT 2014 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision)

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

In accordance with FAR 12.302 (Tailoring of provisions and clauses for the acquisition of commercial items) the following shall take precedence over the un-tailored paragraphs.

(a) This procurement is a FAR Part 12 acquisition being conducted under the FAR Subpart 13.5 Commercial Items

Test Program. Accordingly, simplified acquisition procedures apply. After receipt of proposals the Government may, with or without notice, negotiate with and, if desired, seek proposal revisions from as many or as few offerors as it, in its discretion, deems appropriate

(b) Proposals may be only hand delivered, mailed or e-mailed directly to Franklin.orvin@navy.mil the sole designated E-mail address and inbox for receipt of E-mail submissions. No other electronic means of submission, used in whole or in combination with E-mail, is permitted.

E-mail proposals shall be in either Adobe or Microsoft Word format, with the exception of the signed 1449 and any amendments, which must be included in a proposal as scanned .pdf files, and the price proposal, which may be submitted in Excel format. Offerors are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. To be timely, an E-mail proposal must be received in its entirety in the designated E-mail inbox by the due date and time for proposal submission. An E-mail proposal that resides on a Government server, but has not appeared in the designated E-mail inbox by the due date and time for proposal submission will be considered late unless the exception at FAR 52.212- 1(f)(2)(i)(A) applies. The exception at FAR 52.212-1(f)(2)(i)(B) shall not apply to E-mail proposals.

Hand delivered and mailed proposals shall be sent to the following location and must be received there prior to the due date and time for proposal submission:

Military Sealift Command Attention: Franklin Orvin, N1031, Room 215 Washington Navy Yard 914 Charles Morris Court, SE Washington, DC 20398-5540

Access to the Washington Navy Yard is restricted. Offerors and couriers and other delivery services may encounter unpredictable and lengthy delays or denied access when attempting to enter that facility. Similarly, mailed and emailed proposals may encounter unpredictable and lengthy routing delays.