15-3000_RFP.pdf

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA

FAR (48 CFR) 53.214(c)

1 128

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N62387 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

MSCDC

conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

JESSICA CHU (202) 443-0726

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2

3 - 22

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

23 - 54

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

56 - 58

59 - 61 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 62 - 68 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 69 - 85 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

86 - 93

PART II - CO NTRACT CLAUSES

MILITARY SEALIFT COMMAND N10 WASH

914 CHARLES MORRIS COURT SE

WASHINGTON NAVY YARD DC 20398-5540

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

22 Jan 2015

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N62387-15-R-3000

Section A - Solicitation/Contract Form

PREAMBLE

MSC RFP N62387-15-R-3000

DRY TIME

UNDER FAR PART 15

PREAMBLE

1. This Request for Proposals (RFP) is a solicitation for offers to perform a Charter Party (the “contract” or

“Charter”) in accordance with the terms and conditions herein.

2. The Charter, when awarded, will consist of the completed Standard Form SF-33, this Preamble, the Box format included in Section B as completed by the offeror, Section B “Supplies or Services and Prices” through Section

J “List of Attachments,” and all Attachments listed in Section J as completed by the offeror.

3. The signature of the Contracting Officer on the SF-33 signifies acceptance of the Contractor’s offer and award of the Charter. The SF-33, the Box format, Sections B through J, and Attachments listed in Section J contain in full all of the amendments, references, responses, deletions, additions and interlineations made by both parties to the RFP and the proposal as of the Charter Party date. In the event that there is any inconsistency between the terms and conditions of this solicitation and those in an Offeror’s proposal, this solicitation shall control, unless the Offeror clearly indicates that it has offered terms and conditions inconsistent with this solicitation and the Government has accepted the changed terms and conditions. All references to boxes in Section B through

M shall be to the Box format of Section B unless otherwise stated.

4. Each part and each portion of each part of this Charter Party shall be deemed severable, and should any part or any portion thereof be held invalid, illegal, or unenforceable, the remaining Parts and portions thereof shall continue in full force and effect. The headings herein are for the sake of convenience and reference only, and shall not affect the interpretation of this Charter Party.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 152 Days

BASE PERIOD - CHARTER HIRE

FFP

BASE PERIOD - CHARTER HIRE

FOB: Destination

NET AMT

0002 Dollars, U.S.

BASE PERIOD - REIMBURSABLES

FFP

BASE PERIOD - REIMBURSABLES

1001 365 Days

OPTION OPTION PERIOD 1 - CHARTER HIRE

FFP

OPTION PERIOD 1 - CHARTER HIRE

1002 Dollars, OPTION OPTION PERIOD 1 - REIMBURSABLES

OPTION PERIOD 1 - REIMBURSABLES

2001 365 Days

OPTION OPTION PERIOD 2 - CHARTER HIRE

FFP

OPTION PERIOD 2 - CHARTER HIRE

2002 Dollars, OPTION OPTION PERIOD 2 - REIMBURSABLES

OPTION PERIOD 2 - REIMBURSABLES

3001 365 Days

OPTION OPTION PERIOD 3 - CHARTER HIRE

FFP

OPTION PERIOD 3 - CHARTER HIRE

3002 Dollars, OPTION OPTION PERIOD 3 - REIMBURSABLES

OPTION PERIOD 3 - REIMBURSABLES

4001 366 Days

OPTION OPTION PERIOD 4 - CHARTER HIRE

FFP

OPTION PERIOD 4 - CHARTER HIRE

4002 Dollars, OPTION OPTION PERIOD 4 - REIMBURSABLES

OPTION PERIOD 4 - REIMBURSABLES

5001 183 Days

OPTION OPTION PERIOD 5 - CHARTER HIRE

FFP

OPTION PERIOD 5 - CHARTER HIRE

5002 Dollars, OPTION OPTION PERIOD 5 - REIMBURSABLES

OPTION PERIOD 5 - REIMBURSABLES

B-1 BOXES

B-1 Box Format

DRYTIME BOXES

Solicitation Number (date):

N62387-15-R-3000 (dd mmm 2014) Contract Number (date):

1. Vessel Required:

See Section C-3.5

2. Place/Range of Delivery:

Sunny Point, NC (MOTSU).

3. Place/Range of Redelivery:

Worldwide.

4. Charter Period

Base period of approximately 5 months with four option periods of 1-year each and one approximately 6 month option period.

5. Lay Days:

Commencing: 02 May 2016

Ending: 06 May 2016

Vessel:

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

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 11)

PRICING DATA:

Daily Charter Hire

VESSEL

BOX NOS., VESSEL STATUS, AND EXPENDITURE TYPES

13. FOS

2521K

14. ROS<10 DAYS

2521K

15. ROS>10 DAYS

2521K

Base Period (approx. 5 months) $ $ $

First Option (One Year) $ $ $

Second Option (One Year) $ $ $

Third Option (One Year) $ $ $

Fourth Option (One Year) $ $ $

Fifth Option (approx. 6 months) $ $ $

16. Indicate crewing arrangements during ROS (less than 10 days) and ROS (10 days and longer):

17. Other costs

Vessel

A. Delivery Bonus: $

B. Redelivery Bonus: $

C. End of Charter Purchase Price for the vessel, per period:

Vessel

Fixed Period: $ st Option: $ nd

Option: $ rd

Option: $ th

Option: $ th

Option: $

OPTION TO PURCHASE THIS TIME CHARTERED VESSEL The Government has an option to purchase the vessel as stated herein. The Government may purchase the vessel following the completion of any contract period provided this option to purchase is exercised by the giving of written notice no later than the end of the then current contract period. "Contract period" means the base period or any option period following the exercise of an option under FAR 52.217-9, including any extension pursuant to FAR 52.217-8. Upon exercise of this purchase option, the

Government and the Contractor shall proceed diligently to closing which shall include, inter alia, transfer of title warranted by Contractor to be free of any claims, liens, charges, or other encumbrances of any kind or nature.

Closing shall occur no later than thirty (30) calendar days following the end of the contract period in which the option is exercised. The purchase price shall be the GREATER of the contractor's offered option purchase price as stated in this time charter contract or the "fair market value" of the vessel at the time this option is exercised. “Fair market

Value” shall be determined by an appraiser, appointed and contracted solely by the Government, who shall provide such appraisal no earlier than ninety (90) days prior to the end of the contract period in which this option to purchase is exercised. The vessel shall be delivered to the Government at the place and time designated in the option exercise notice. If the purchase price is the "fair market value" of the vessel, then the vessel shall be delivered in the condition considered by the appraiser in determining the "fair market value." If the purchase price is the contractor's offered option purchase price, then the vessel shall be delivered in the condition that the Government accepted it at the initial time of on-hire under this time charter contract, and previously issued modifications, ordinary wear and tear excepted.

18. Delivery Date: Vessel: 19. Estimated Readiness Date:

VESSEL DATA:

20. Voluntary Intermodal Sealift Agreement (VISA) Status of Offeror and Vessel: SELECT ONE

Offeror IS a VISA Participant Vessel offered IS Enrolled in VISA

Offeror HAS APPLIED to be a VISA Participant Vessel offered WILL BE Enrolled in VISA

Offeror IS NOT a VISA Participant Vessel IS Not Enrolled in VISA

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

22. Place built: 23. Flag and Year built:

24. INMARSAT Identification No. 25. Vessel's e-mail/fax:

26. Call Letters: 27. Official Number:

28. Net registered tonnage: 29. Panama Canal tonnage:

30. Gross registered tonnage: 31. Suez Canal tonnage:

32. Beam (extreme)

a. ft: b. m:

33. Length Overall:

a. ft: b. m:

34. Immersion (on draft in Box 36):

a. LT/in: b. t/cm:

35. Length between perpendiculars:

a. ft: b. m:.

36. Summer mean draft:

a. ft b. m:

37. Deadweight capacity (on draft in Box 36)

a. LT: b. t:.

38. Displacement, loaded (on draft in Box 36):

a. LT/in: b. t/cm:

39. Summer Load Line Freeboard:

a. ft: b. m:.

40. Shaft Horsepower:

a. hp: b. kW

41. Brake Horsepower:

a. hp: b. kW:

42. Nationality of Master, Officer, and crew: 43. Number of people other than crew that can be carried:

44. Classification society entered and class assigned:

45. ISM certification? _____Yes _____No If yes, expiration date:

46. Insured value of Vessel (USD): 47. Vessel's present position/destination:

48. Last drydock date (mm/dd/yy): 49. Next drydock date (mm/dd/yy):

50. MarAd subsidized vessel? _____Yes _____No

51. Reserved

52. Reserved

CARGO ARRANGEMENTS:

53. Total grain cubic capacity (cu ft/ cubic meters underdeck, exclusive of deep tanks, reefer spaces and fitted with cell guides):

54. Total Bale cubic capacity (cu ft/ cubic meters underdeck, exclusive of deep tanks, reefer spaces and fitted with cell guides):

55. Number of Tween decks:

56. Square footage of cargo space (note particularly total square feet, square feet with 10 ft clearance, square feet underdeck Ro/Ro Space):

57. Square meters of cargo space (note particularly total square meters, square meters with 10 ft clearance, square meters underdeck Ro/Ro Space):

58. Total underdeck container capacity (TEU/FEU):

59. Total on-deck container capacity (TEU/FEU):

60. Total refrigerated-container capacity (TEU/FEU, including number/style of outlets):

61. Reefer-space capacity (cu ft / cu meters):

62. Deep-Tank capacity (cu ft / cu meters): 63. Capacity of spaces fitted with cell guides (TEU):

64. Amount and location of permanent ballast carried: 65. General description of ramps (number, location, size, and type)

66. Decks, number, size in ft2 and cu ft; size in m2 and cu m; arrangement, and strength in psf//kPa

67. Holds and Hatches: number, size, composition, type, strength

68. Hatch Covers; number, size composition, type, strength in psf/kPa

69. Reserved

70. Reserved

71. Reserved

72. Underdeck Height Restriction:

73. Description of lashing points; lashing and securing gear; type; description; and amount aboard

74. Barge Stowage Particulars

75. True Ownership: If the Offeror is not the true owner of the vessel being proposed, the Offeror shall provide proof acceptable to the Contracting Officer that the true owner commits that vessel will be provided, if the Offeror is awarded the contract.

76. Reserved

GEAR:

77. Number, location, and SWL capacity of cranes, winches, derricks, and booms:

MOORING ARRANGEMENTS:

78. Number, location, brake holding power of mooring winches:

79. – 82. Reserved

CASUALTIES/DEFICIENCIES:

83. Has Vessel been involved in any grounding or collision or allision since 01 Feb 2007? If yes, include a full description.

84. Reserved

85. Are any deficiencies lodged by any regulatory body outstanding against the Vessel. If yes, include a full description.

INSPECTIONS:

86. Reserved

FUEL CONSUMPTION AT VARIABLE SPEEDS:

87. Average warranted speed (knots, for laden, moderate weather):

Mission Cargo Laden (min. 16 kts 1350 TEU under AC/DH):

Laden w/ 2350 TEU (min. 16 kts. 1350 TEU under AC/DH):

88. Average warranted speed (knots, for ballast, moderate weather):

Ballast (min. 16 kts):

89. Warranted daily average propulsion fuel consumption (net Barrels per day and grade(s)) for Laden, moderate weather passage at speed identified in Box 87:

Fuel Type Mission Cargo Laden Laden w/2,350 TEU Fuel Type Mission Cargo Laden Laden w/2,350 TEU

IFO-180 DFM/F76

RMG-380 MGO

90. Warranted daily average propulsion fuel consumption (net Barrels per day and grade(s)) for Ballast, moderate weather passage at speed identified in Box 88:

Fuel Type Ballast Fuel Type Ballast

IFO-180 DFM/F-76

RMG-380 MGO

91. Warranted daily average auxiliaries underway fuel consumption (net Barrels per day and grade(s), only if not elsewhere identified) with AC/DH requirements accounted for:

Fuel Type Mission Cargo Laden Ballast Fuel Type Mission Cargo Laden Ballast

IFO-180 DFM/F-76

RMG-380 MGO

92. Warranted daily average In Port fuel consumption (net Barrels per day and grade(s)), with AC/DH requirements for “Mission Cargo Laden” condition accounted for and for Idle periods with no “Mission Cargo” requirements:

Fuel Type Mission Cargo Laden Idle Period Fuel Type Mission Cargo Laden Idle Period

IFO-180 DFM/F76

RMG-380 MGO

93. Warranted daily average fuel consumption (net Barrels per day and grade(s)) for all Propulsion & auxiliary engines utilized while underway over moderate-weather passages at the Warranted Speed and grade(s) indicated):

Fuel Type

Mission Cargo

Laden (Box 89

+ Box 91)

Laden w/ 2,350

TEU (Box 89 +

Box 91)

Ballast (Box

90 + Box 91) Fuel Type

Mission Cargo

Laden (Box 89

+ Box 91)

Laden w/ 2,350

TEU (Box 89 +

Box 91)

Ballast (Box

90 + Box 91)

IFO-180 DFM/F76

RMG-380 MGO

94: Average daily fuel consumption (net Barrels per day and grade(s)) and ranges, with all Propulsion & auxiliary engines utilized, while underway over moderate-weather passages for various speeds indicated following:

94a. FULLY LADEN TO SUMMER MARKS 94b. LADEN WITH 2,350 TEU

Knots Net Barrels per day Operating Range (NM) Knots Net Barrels per day Operating Range (NM)

6> 6>

7> 7>

8> 8>

9> 9>

10> 10>

11> 11>

12> 12>

13> 13>

14> 14>

15> 15>

16> 16>

17> 17>

18> 18>

19> 19>

20> 20>

21> 21>

22> 22>

23> 23>

24> 24>

25> 25>

94c. MISSION CARGO LADEN

Knots Net Barrels per day

Operating Range (NM)

6>

7>

8>

9>

10>

11>

12>

13>

14>

15>

16>

17>

18>

19>

20>

21>

22>

23>

24>

25>

95. Minimum Vessel fuel specifications:

96. Cancellation Fee: The Contractor and Government agree the purpose of this clause is to induce the Contractor to offer to and to provide the required services when the Contractor otherwise would not offer to provide them because of the Contractor’s inability to recover its out-of-pocket costs in the event the Government does not exercise an option to extend the term of the contract or terminates the contract for the convenience of the Government.

In the event the Government does not exercise an option to extend the term of the contract or terminates the contract for convenience, the Contractor shall be entitled to not-to-exceed cancellation costs subject to the following conditions and according to the following schedule:

Prior to Delivery (of vessel) $

During Base Performance Period $

During 1 st Option Performance Period $

During 2 nd

Option Performance Period $

During 3 rd

Option Performance Period $

During 4th Option Performance Period $

During 5 th

Option Performance Period $

"Cancellation costs" means, and only means, costs specifically identified by the Contractor in its proposal and actually incurred by the Contractor between contract award and vessel delivery to the Government including, and limited to, the following categories of costs: costs incurred by the Contractor for vessel acquisition, reflagging costs and modification, or conversion costs, and only to the extent such modification, or conversion costs were incurred in order for the vessel to meet contract requirements. The Government has sufficient working capital funds for these cancellation costs.

When requesting payment of cancellation costs, the Contractor shall provide evidence satisfactory to the Contracting

Officer verifying that Contractor actually incurred the specified categories of cancellation costs prior to delivery of the vessel to the Government and the amount thereof.

The cancellation costs must be reasonable, allowable, and allocable to the contract as defined in FAR 31.201. The

Government will not be obligated in any event to reimburse the Contractor for the specified categories of cancellation costs in excess of the amount allotted in the schedule above for each contract period regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." The Contractor agrees that payment of the specified cancellation costs according to the schedule above for any contract period fully compensates the Contractor for the specified categories of cancellation costs. The Contractor waives any right it may have to claim any additional costs for the specified categories of cancellation costs in the event such cancellation costs become payable, whether as a result of a termination for convenience or as a result of the Government's failure to exercise an option. As used in this clause, the total amount payable by the Government for the specified categories of cancellation costs in the event the Government does not exercise an option or terminates the contract for convenience is as set forth in the schedule above.

This clause does not limit the rights of the Government under the clauses entitled “Default,” “Termination for

Convenience of the Government,” “Loss of Vessel,” “No Cost Cancellation – Deficiencies,” “Remedies,” or

“Excessive Time Lost.” The clauses entitled “Default,” “Loss of Vessel,” “No Cost Cancellation – Deficiencies,”

“Remedies,” and “Excessive Time Lost” are not subject to cancellation costs.

Note: Pursuant to 10 U.S.C. § 2401, the Government is prohibited from entering into a vessel charter that contains a substantial termination liability. Offerors who submit substantial termination liabilities will not be considered for award. A substantial termination liability is defined by the statute as:

i. An agreement by the U.S., under the contract, to pay an amount equal to or greater than 25% of the value of the vessel for the termination liability; or

ii. An agreement by the U.S., under the contract, to pay an amount equal to or greater than 50% of the value of the vessel for the sum of the termination liability and the value of the total payments attributable to capital-hire.

CONTINUATION (Space for continuation of responses):

97.

B-2 TO B-3

B-2 Charter Hire

B-2.1 Hire Rates. Charter hire for services under this Charter Party shall be payable at the applicable rates stipulated in Boxes 13 – 15 and shall be earned at the expiration of each fifteen (15) days of the charter period. Except as otherwise provided herein, said hire rates shall be considered payment in full for all services of the Vessel and Associated Equipment under this Charter including all overtime (including but not limited to crew overtime/penalty time required for the opening and closing of hatches), 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 including the carriage of ammunition and hazardous cargoes. Said hire rates are exclusive of the costs of port charges and fuel, which are addressed at Sections H-13 (Port Charges and Expenses) and H-15 (Fuel), and other stevedoring costs such as loading, securing and discharging cargo, which are addressed in Section C-10 (Loading and

Discharging) below.

B-2.1.1 Rate Schedule (to be completed upon award). The following per diem rates shall be payable in accordance with Section B-2.1 above.

CLIN/SubCLIN Description Rate

0001 Charter Hire Base Period (Exp Type 2521K) See Below

0001A- FOS TBD

0001B- ROS < 10 days TBD

0001C- ROS ≥ 10 days TBD

0003 Charter Hire Option One (Exp Type 2521K) See Below

0003A- FOS TBD

0003B- ROS < 10 days TBD

0003C- ROS ≥ 10 days TBD

0005 Charter Hire Option Two (Exp Type 2521K) See Below

0005A- FOS TBD

0005B- ROS < 10 days TBD

0005C- ROS ≥ 10 days TBD

0007 Charter Hire Option Three (Exp Type 2521K) See Below

0007A- FOS TBD

0007B- ROS < 10 days TBD

0007C- ROS ≥ 10 days TBD

0009 Charter Hire Option Four (Exp Type 2521K) See Below

0009A- FOS TBD

0009B- ROS < 10 days TBD

0009C- ROS ≥ 10 days TBD

0011 Charter Hire Option Five (Exp Type 2521K) See Below

0011A- FOS TBD

0011B- ROS < 10 days TBD

0011C- ROS ≥ 10 days TBD

B-2.2 Loss of Vessel. Should the Vessel be either lost or missing and presumed lost, Charterer may, at its sole discretion, terminate this Charter, in which case hire shall cease to be payable at the time of the loss or, if said time is unknown, at the time of the Vessel’s last received communication. Similarly, should the Vessel become a constructive total loss, Charterer may, at its sole discretion, terminate this

Charter, in which case hire shall cease to be payable at the time of the casualty resulting in the constructive loss. The Vessel shall be considered missing and presumed lost when, after a reasonable lapse of time, it fails to reach its next scheduled port and reasonable efforts to contact it fail.

B-3 Reimbursable Services

The Contractor may be required to purchase supplies and services to support the mission of the vessel.

Reimbursement shall be in accordance with Section G-7. The following illustrates the types of reimbursable supplies and services which the Contractor may be required to purchase if authorized by the contract or as otherwise approved for purchase by the Contracting Officer.

EXPENDITURE TYPE DESCRIPTION

2522K Various Port Charges

23324 Communications Charges

21011 Crew Travel

26054 IFO Fuel

26053 MGO Fuel

Section C - Descriptions and Specifications

C-1 DEFINITIONS

SECTION C

DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT (PWS)

C-1 Definitions and Acronyms.

AC/DH - Air conditioning/Dehumidification

AEL – Allowance Equipment List

Alterations - Additions of equipment; changes to the configuration, location, type, or number of pieces of equipment or systems; changes in the arrangement and outfitting of Vessel’s structure.

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

Associated Equipment - Construed to include all Contractor-furnished or owned equipment necessary for performance under this Charter

ATO - Anti-Terrorism Officer (same as Vessel Security Officer and/or Force Protection Officer)

AT/FP - Anti-Terrorism/Force Protection

Bbl - Barrel (42 U.S. gallons volume measure)

CAGE - Commercial and Government Entity Code (reference DFARS 252.204-7001)

CBR-D- Chemical, Biological and Radiological Defense

CFE - Contractor-furnished equipment

Charter - This document when executed; interchangeable with “Contract” and “Charter Party”

Charterer - The United States of America

Charter Party Date - Identified in Box 28 of SF-33

CMWD - Countermeasure Washdown System. Fixed system (or temporary using fire hoses attached to steel clips welded to vertical bulkheads or other structure). Using Ship’s firemain system, when activated, provides 360 degree (ideally) sea water curtain protection, mitigating the effects of CBR attacks. Also used to wash contaminants from Ship’s structure after a CBR attack.

Cocoon – a non-permanent structure installed above all or part of the main deck in order to permit climate control of containers /cargo located outside of the Vessel’s cargo holds.

COMLANTFLT – Commander, U.S. Atlantic Fleet

COMPACFLT – Commander, U.S. Pacific Fleet

COMNAVEUR – Commander, U.S. Naval Forces, Europe

COMNAVFORJAPAN - Commander, U.S. Naval Forces, Japan.

COMNAVSURFLANT - Commander, Naval Surface Force, U.S. Atlantic Fleet.

COMNAVSURFPAC - Commander, Naval Surface Force, U.S. Pacific Fleet

COMPSRON – Commander, Maritime Prepositioning Squadron

COMSC - Commander, Military Sealift Command.

COMSCINST - Commander, Military Sealift Command Instruction

COMSCCENT – Commander, Military Sealift Command Central

COMSCEUR - Commander, Military Sealift Command Europe

COMSCFE – Commander, Military Sealift Command Far East

COMSCLANT - Commander, Military Sealift Command Atlantic

COMSCPAC - Commander, Military Sealift Command Pacific

COMSECONDFLT - Commander, U.S. Second Fleet

COMSEC - Communications Security

COMSEVENTHFLT - Commander, U.S. Seventh Fleet

COMSIXTHFLT - Commander, U.S. Sixth Fleet

COMTHIRDFLT - Commander, U.S. Third Fleet

CO – Contracting Officer, identified in Box 26 of SF-33

COR - Contracting Officer's Representative

Contractor - Interchangeable with “Owner”

Crew - Of the Vessel identified at Box 7

Decontamination Station- A compartment onboard the Ship with direct access to the weather deck outfitted with features for crew decontamination.

DC - Damage Control

DCAA - Defense Contract Audit Agency

DCMA - Defense Contract Management Agency

Designated Maritime Physician - Hospital, clinic and/or physician jointly approved by

Contractor/Union/COMSC providing primary care, second opinions, or hospitalization for emergency medical care.

DFARS - Department of Defense Federal Acquisition Regulation Supplement (issued by the

Department of Defense)

DIS - Defense Investigative Service

DLA-E – Defense Logistics Agency – Energy, formerly DESC

DoD - Department of Defense

DRRS-N - Defense Readiness Reporting System for Navy (replaced Status Of Readiness and Training

System (SORTS))

DTG – Date Time Group. A unique number consisting of date-hour-minute in Zulu time plus month

(3 letter abbreviation) and year (2 digit) which facilitates making reference to that message.

DWT – Deadweight tonnage

ECDIS – Electronic Chart Display and Information System, a computer based navigation information system that complies with IMO Standards

EMCON - Emissions Control

Emergency Repairs - Unexpected and unscheduled repairs required to maintain the integrity of the

Ship's hull, machinery and/or systems; to insure the safety of the crew; and/or to provide for the effective performance of the Ship's mission.

EOM - Engineering Operating Manual (COMSCINST 3540.7)

EPIRB - Emergency Position Indicating Radio Beacon

EST – Embarked Security Team, normally a 12-person force, U.S. Navy or contracted personnel

FAR - Federal Acquisition Regulation

FCC - Federal Communications Commission

FEU – Forty foot Equivalent Unit (Cargo container of 40 foot length, or size/volume/cargo capacity measurement equal to same)

FFD - Fit For Duty

FLC - Fleet Logistics Center, formerly Fleet Industrial Supply Center (FISC)

Fleet Commander – Commander, Pacific Fleet; Commander, Atlantic Fleet; or their designated subordinate Commander.

FOS - Full Operating Status (for Reduced Operating Status, see Section H-16)

FP or FP/AT – Force Protection or Force Protection/Anti-Terrorism

FLO/FLO – Float-On, Float-Off vessel loading/discharging process

Ft – feet

FPCON – Force Protection Condition

FPCON NORMAL – This condition applies when a general global threat of possible terrorist activity exists and warrants a routine security posture. At a minimum, access control will be conducted at all

DoD installations and facilities.

FPCON ALPHA - This condition is declared as a general warning of possible terrorist activity, the nature and extent of which is unpredictable, when the circumstances do not justify full implementation of the measures of FPCON BRAVO. However, it may be necessary to implement selected measures from FPCON BRAVO. The measures in this FPCON must be capable of being maintained indefinitely.

FPCON BRAVO - This condition is declared when there is an increased and more predictable threat of terrorist activity even though no particular target is identified. The measures of this FPCON must be capable of being maintained for weeks without causing undue hardship, without affecting operational capability and without aggravating relations with local authorities.

FPCON CHARLIE - This condition is declared when an incident occurs or when intelligence is received indicating that some form of terrorist action against installations or personnel is imminent.

Implementation of this measure for more than short periods will probably create hardship and will affect peacetime activities of the installation and its personnel.

FPCON DELTA - This condition is declared when a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location is likely. Normally this FPCON is declared as a localized warning.

FPO – Force Protection Officer (same as Vessel Security Officer and/or Anti-Terrorism Officer).

GFP - Government-Furnished Property (see FAR 52.245-1)

Government - The United States of America; interchangeable with “Charterer”

Government Designated Representative - Including, but not limited to, force protection personnel, military, Government employees, and Government Contractors hp – horsepower [1 hp equals 0.745799 kW]

Husbanding Services - Services generally provided by a steamship agent rendered for the convenience of the Ship or its Master, officers or crew, or in connection with the Ship's business.

These include: arranging for the delivery of food, stores and supplies, arranging for mail delivery and posting, repatriation of crew members and crew replacements, supply of currency, medical treatment of crew members, and any other crew related expenses.

IACS - International Association of Classification Societies

IAW - In Accordance With

IDC - Independent Duty Corpsman

IMO - International Maritime Organization

Independent Agency – A Commercial entity under contract to the Government to provide all

Government-owned or Chartered Ships of the Military Sealift Command, including the Vessel in this

Contract, various shipboard supplies and services required for compliance with certain MSC operations and maintenance programs.

Industrial Assistance - Maintenance and repair work performed by an independent subcontractor to the Contractor.

INMARSAT - International Maritime Satellite

Installed Equipment – All items except furniture, recreation and gym equipment that are permanently or semi-permanently attached to the Ship by welds, bolts, or similar methods of attachment. This includes pumps, engines, winches, kingposts, booms, antennae, etc. This category of material is generally treated in the same manner as the Ship’s hull, so that the terms “Ship and installed equipment” and simply “Ship” are generally synonymous.

ISP – Inport Security Plan. A classified Naval Message which details AT/FP measures while in port.

ISM - International Safety Management System

ISPS - International Code for the Security of Ships and of Port Facilities (ISPS Code)

ISSC – International Ship Security Certificate km – kilometers kPa – kilo Pascal [1 kPa equals 20.886 psf] kW - kilowatts [1 kW equals 1.34 horsepower (hp)]

Laden – ship/vessel loaded with cargo or freight

Literage (lighterage) – small boats (pusher boat, tug, LCU, etc) used for in-stream cargo discharge operations

LO/LO – Lift-On/Lift-Off. The method for loading or discharging the Vessel using a crane.

LTON or LT - Long Ton (2,240 pounds weight) m – meter m3 – cubic meter

MARPOL – International Convention for the Prevention of Pollution from Ships

MB - Megabyte

MDR – Medical Department Representative. A person assigned solely to provide medical care and operate a clinic aboard Ship, as compared to a commercial M-PIC (see below).

MILSTRIP – Military Standard Requisitioning and Issue Procedures

MPF – Maritime Prepositioning Force

MPF(E) – Maritime Prepositioning Force, Enhanced

MPS – Maritime Prepositioning Ship

M&R - Maintenance and Repair

Maintenance - As defined by the Department Of Defense Dictionary through http://www.dtic.mil/doctrine/dod_dictionary/.

MAREP - Message generated by maritime surface forces to report on surface, subsurface, air or special interests units operating in Maritime environment.

Master – The official title of the Captain of the Vessel identified in Box 7.

MR - Medical Representative

MEDEVAC - Medical Evacuation; usually to the nearest medical treatment facility.

Mission Cargo- TEU required to be under AC/DH

MIB - Marine Index Bureau

MT – Measurement Ton (forty cubic feet, volume measurement)

MOA - Memorandum of Agreement

M-PIC – Medical Person in Charge aboard a commercially manned Ship. This is generally a collateral duty of the Master or Chief Mate for first aid purposes.

Moderate Weather - Sustained wind and sea conditions of "Beaufort Wind Scale" Beaufort Force 5 and World Meteorological Organization Sea State 4.

MOTCO – Military Ocean Terminal, Concord, CA

MOTSU - Military Ocean Terminal, Sunny Point, NC

MSC - U.S. Department of the Navy, Military Sealift Command

MT – Metric Ton. A unit of weight, equal to 1,000 kilograms.

NAVSEA - Naval Sea Systems Command

NEURS - Navy Energy Usage Report System

NICN - Navy Item Control Number

NCIS - Naval Criminal Investigative Service

NGW – New Generation Wideband satellite communications system (prototype)

NM- Nautical Miles

NMCARS - Navy Marine Corps Acquisition Regulation Supplement

NOR – Notice of Readiness

Owner - That entity exercising commercial control of the Vessel identified in Box 7; 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.

OAA – Ordnance Accounting Ashore

O&M - Operations and Maintenance

OCI – Onboard Condition Inspection – Survey of Vessel conducted by N75, N4 and MSC medical personnel to assess material condition, appearance, mission equipment readiness and confirm compliance with contractual requirements.

ODS - Ozone Depleting Substances

OPCOM – Operational Commander (Normally the MSC Area Command)

OPCON - Operational Control by Military Authority

Operation - Operation includes the daily, or other periodic starting, stopping, adjusting, inspecting, lubricating, etc. of the mechanical, electrical and auxiliary systems and equipment; watch standing and conducting rounds to maintain Ship's status.

OPNAVINST - Chief of Naval Operations Instruction

OPORD - Operations Order

OPSEC - Operations Security

OTSR - Optimum Track Ship Routing

P&I - Marine protection and indemnity insurance

Paying Office - Identified in Box 25 of SF-33

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.

Psf – Pounds per square foot (load measurement)

Psi - Pounds per square inch (pressure measure)

PREREP – An alternate form of the LOGREP message, the PREREP specifies arrival time and date, purpose of visit, port services required and other requirements.

Readiness – Pertains to the Vessel’s ability to perform all required missions. See Section H-6

RFP - Request for Proposals. Interchangeable with Solicitation

RO/RO – Roll-On/Roll-Off. A method for loading or discharging a Vessel by driving a vehicle onboard or ashore.

ROS - Reduced Operating Status. See Section H-16

SDWT - Deadweight capacity, to assigned summer mean draft

SHIPFILL – The quantity of government equipage issued based on the number of equipment or personnel carried on board.

Speed – The rate of advance of a vessel. It is derived by dividing the total hours at sea on any given sea passage (as show in the Vessel’s log)—after excluding any hours of non-moderate weather and any sea passage covered by an off-hire calculation—into the total miles at sea on the given sea passage.

SWL - Safe Working Load

TEU – Twenty Foot Equivalent Unit (Cargo container of 20 foot length, 8 foot height, 8 foot width, or size/volume/cargo capacity measurement equal to same). For the purpose of this solicitation/contract, all government-furnished TEUs are 20’ long by 8’ wide by 8’6” high.

TIN - Taxpayer Identification Number

USCG - United States Coast Guard

USD – U.S. Dollars

Vessel - Identified at Box 7

VSP – Vessel Security Plan

VSO – Vessel Security Officer (same as Anti-Terrorism Officer and/or Force Protection Officer)

WOG - Without guarantee – Certain clauses of this RFP/Contract provide information for planning purposes, but are not guaranteed. Information provided “without guarantee” is information for which, if there is a change, such change will not be considered a valid basis for a Contractor request for equitable adjustment or Contractor claim.

C-2 TO C-3.4.1

C- 2 Sovereign Immunity.

General. The Owner shall operate the Vessel and related Vessel systems and equipment in accordance with the rules and regulations of the United States Coast Guard (USCG) and the classification society under which it is classed (see also Section C-3.3.2).

Sovereign Immunity. The Contractor shall observe all guidelines found in ALMSC 020/06 and

ALMSC 026/09 (Sovereign Immunity guidelines for MSC Ship Masters), which shall be provided upon Contract award. The Master, while performing Ship operations, shall advise foreign authorities that the Vessel under this Contract is a sovereign immune Vessel of the United States.

Privileges of this status include immunity from arrest or search (whether in foreign internal or territorial waters, or in international waters), immunity from foreign taxation, exemption from any foreign state regulation requiring flying the flag of such foreign state either in its ports or while passing through its territorial sea, and entitlement to exercise exclusive control over persons on board such Vessels with respect to acts performed on board.

Foreign Law Enforcement. Masters shall refuse requests from foreign authorities for documents, physical evidence, interviews of personnel, statements, any request to board, examine, inspect, or search the Vessel, and any request for the physical delivery of persons on the Vessel to foreign authorities. The Master lacks authority to comply with such a request, and shall so advise foreign authorities.

Foreign Port Visits. The Master may, if appropriate, provide a Shore Party List of individuals who will go ashore to the host nation before granting liberty in port if such a list is requested. The

Shore Party List may contain only the names and passport numbers of those personnel; all other information shall not be provided. Masters shall comply with applicable U.S. and host nation agreements, such as status of forces agreements, that specify particular procedures for port visits in that country.

C-3 Mission.

C-3.1 Planning. The Vessel is to be employed in worldwide trade for the transportation and/or prepositioning of cargo (including but not limited to hazardous cargoes, explosives, ammunition, vehicular, containerized and general cargoes); and for military readiness, in accordance with the terms of this Charter. The Vessel shall be capable of deployment to worldwide locations within 24 hours of notification by the Operational Commander designated by the U.S. Navy. Underway periods shall consist of independent steaming, convoy operations, transit to/from selected ports for cargo maintenance, bunkering, or for cargo discharging/loading operations. The environmental control system shall be capable of operating in and maintaining environmental parameters as specified in

Section C-3.5.3 “Controlled Cargo Environment System” despite Vessel prepositioning in areas with extreme heat, such as the Persian Gulf, or extreme cold.

C-3.2 Preposition Location. For planning purposes, without guarantee, Diego Garcia may be considered the prepositioning location for the Vessel; however, actual prepositioning location assigned by the

Charterer may vary from Diego Garcia.

C-3.2.1 Operating Tempo (OPTEMPO). It is estimated, without guarantee, that the vessel will be used as a

“Multi-Purpose APS Munitions Ship”. Over a 24 month period, it is anticipated that the ship will spend about 12 months conducting ammunition movements to and from selected ports and about 12 months at a prepositioning location designated by the Government. The 24 month cycle will repeat itself, alternating between cargo movements and prepositioning duties. Anticipated OPTEMPO for the full period of performance is summarized below. This operating tempo may vary in response to cargo and scheduling requirements and is not guaranteed.

C-3.2.2 OPTEMPO Table. The below table is an estimate of the vessel’s anticipated, without guarantee, OPTEMPO days at sea and days in port. Please note, the vessel’s anticipated on hire date is on or about 02 May 2016, and, if all options are invoked, the vessel will be redelivered on or about 01 April, 2021. OPTEMPO days reflect these dates, which represent only part of the affected fiscal years.

Estimated OPTEMPO FY16 FY17 FY18 FY19 FY20 FY21 Total Days

Days at Sea 103 141 172 139 182 138 875

Days in Port 49 224 193 226 184 45 921

C-3.3 Warranty/Description of Vessel.

C-3.3.1 General. The Owner warrants that the Vessel performing under this Charter Party shall be in full conformity with the requirements of this Charter Party, from the time of delivery and thereafter during the currency of this Charter Party. In particular the Owner warrants that the Vessel is as described in

Part B of this Charter Party and that the Vessel shall be under U.S. flag upon delivery (see DFARS

252.247-7025 at Section I concerning requirements for reflagging work in U.S. shipyards). Should any specification of the Owner in the contract be in excess of a required specification elsewhere in this contract, the Owner’s specification shall prevail over the required specification.

C-3.3.2 Regulatory Compliance. The Owner warrants that the Vessel and all Associated Equipment shall be in full compliance with all applicable international conventions and all applicable laws, regulations, and other requirements of the nation of registry and of the nation(s) and local jurisdictions to whose port(s) and/or place(s) the Vessel may be ordered hereunder. Additionally, the Vessel shall operate in compliance with the International Maritime Dangerous Goods Code. The Vessel shall be delivered with all applicable Class Certificates issued by a recognized classification society of the International

Association of Classification Societies (IACS) with no Conditions of Class on record. The vessel must also be in compliance with all current safety, health, and pollution regulations promulgated by appropriate authorities, including the latest applicable ISO/IMO regulations. The Owner further warrants that the Vessel shall have onboard all certificates, records, or other documents required by the aforesaid conventions, laws, regulations, and requirements, including a Certificate of Financial

Responsibility meeting the requirements of the U.S. Coast Guard and promulgated pursuant to the U.S.

Federal Water Pollution Control Act, as amended, and/or the Oil Pollution Act of 1990.

C-3.3.3 Complement. The Owner warrants that the Vessel shall have an efficient and legally sufficient complement of Masters, Officers, and crew with adequate training and experience in the operation of all of the Vessel’s equipment.

C-3.3.4 Fuel and speed warranty.

C-3.3.4.1 Moderate weather: service speeds.

C-3.3.4.1.1 Laden. The Owner warrants that the Vessel is capable of maintaining, throughout the period of this

Charter Party, the average speed in knots identified in Box 87 on any given moderate-weather passage from sea buoy to sea buoy while laden. On any such passage as just described at the average speed identified in Box 87, daily fuel consumption in net barrels shall be at the average rate(s) identified in

Boxes 89 for propulsion fuel and 91 for underway auxiliary fuel, for the grade(s)/viscosity(ies) therein identified to be consumed. The sum of boxes 89 and 91 shall represent the Owner’s warranted daily average fuel consumption as identified in Box 93.

C-3.3.4.1.2 Ballast. The Owner warrants that the Vessel is capable of maintaining, throughout the period of this

Charter Party, the average speed in knots identified in Box 88 on any given moderate-weather passage from sea buoy to sea buoy while in a ballast condition. On any such passage as just described at the average speed identified in Box 88, daily fuel consumption in net barrels shall be at the average rate(s) identified in Boxes 90 and 91, for the grade(s)/viscosity (ies) therein identified to be consumed.

C-3.3.4.2 Moderate Weather - Variable Speeds. For periods during which the Charterer orders the Vessel to operate at speeds other than those identified in Boxes 87 or 88, the Owner warrants that the Vessel's total fuel consumption (including all auxiliaries) in net barrels at those ordered speeds in moderate weather shall be at the average rates identified in Boxes 94a. and 94b. and 94c. for the stated speed, range, and load conditions therein identified to be consumed.

C-3.3.4.3 Auxiliaries. The Owner warrants that the Vessel's fuel consumption (underway/steaming/laden) in net barrels for all auxiliaries, in addition to any propulsion fuel consumption identified in Boxes 89 or 90, shall be at the average rate identified in Box 91 for the load conditions and fuel grades/viscosities therein identified to be consumed, regardless of speed or weather conditions.

C-3.3.4.4 Idle Periods. The Owner warrants that the Vessel's fuel consumption in net barrels (including all auxiliaries) during all periods at anchor or alongside berth shall be at the average rate identified in Box

92, for the load conditions and fuel grade(s)/viscosity(ies) therein identified to be consumed.

C-3.3.4.5 Warranted Speed Trials. The Owner shall conduct speed trials on a regular basis to demonstrate the ship is able to obtain the warranted speed while remaining within the warranted fuel consumption. As a minimum, warranted speed trials are to be conducted every six months and at the first opportunity after hull cleaning. Warranted speed trials shall also be conducted when directed by the Numbered

Fleet Commander, Squadron Commander, or MSC. Warranted speed trial report shall be submitted to the COR, the Squadron Commander, and other Government Personnel as directed by the COR.

Warranted Speed Trial reports shall be transmitted via Naval Message using the template provided by the Squadron Commander.

C-3.3.5 Remedies. Should actual performance or readiness condition of the Vessel show any failure to satisfy one or more warranties or other Charter requirements not due to the fault of the Charterer, the charter hire may be equitably decreased, this Charter may be terminated, or the Vessel may be placed off-hire, at the Charterer's option so as to compensate the Charterer to the extent of such failure. In all cases the

Owner shall bear the cost of excessive fuel consumption resulting from the Owner’s breach of its fuel warranties. The foregoing remedies shall not limit other recoveries available under law or within this

Charter.

C-3.4 Other compliances. The Owner shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this Contract.

C-3.4.1 Compliance with Laws Unique to Government Contracts. The Owner agrees to comply with 31

U.S.C. § 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. § 431 relating to officials not to benefit; 40 U.S.C. § 327, et seq., Contract Work

Hours and Safety Standards Act; 41 U.S.C. § 51-58, Anti-Kickback Act of 1986; 41 U.S.C. § 265 and

10 U.S.C. § 2409 relating to whistleblower protections; 49 U.S.C. § 40118, Fly American; and 41

U.S.C. § 423 relating to procurement integrity.

C-3.5 TO C-3.5.1

C-3.5 Vessel Requirements.

C-3.5.1 Vessel Specification/Capability and Cargo Description. The Vessel shall meet the following minimum specifications:

U.S. Flag: The Vessel shall be U.S. Flagged upon delivery.

Vessel Age: U.S. built, current U.S. flag or former U.S. flag, vessels are not subject to any age restrictions. Any non-U.S. built Vessel requiring reflagging shall not exceed 30 years in age at time of delivery; except if Vessel has undergone substantial rebuilding/life extension (to be determined on a case by case basis with consideration given to…