15-3000_SECTION_C_DRAFT.pdf

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 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 movement and prepositioning duties. OPTEMPO during the cargo movement phase is expected to be roughly 210 days underway and the remainder in port performing cargo operations. OPTEMPO during the second 12 month period is expected to be about 55 days underway and the remainder at anchor (in port). This operating tempo may vary.

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.

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 thatthe 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 buy the COR.

Warranted Speed Trial reports shall be transmitted via Naval Message using the below template or a template as directed by the Squadron Commander:

ROUTINE

R (DTG)

FM (SHIP PLAD)

TO COMSC WASHINGTON DC//N3/PM3//

INFO COLMSRRON ONE / TWO / THREE

MSC AREA COMMANDER (AS APPROPRIATE, i.e COMSCFE)

(SHIP OPERATING COMPANY, OTHERS, AS APPROPRIATE)

UNCLASS/N04000//

MSGID/GENADMIN/<SHIP NAME>/-/MMM//

SUBJ/REPORT OF WARRANTED-DESIGN SPEED TRIAL//

REF/A/DOC/REFERENCE WILL VARY BY SQUADRON//

AMPN/AS APPROPRIATE//

POC/SHIP’S MASTER/MASTER/<SHIP NAME>/LOCATION/EMAIL ADDRESS//

RMKS/

1. THE FOLLOWING REPORT OF WARRANTED/DESIGN SPEED TRIAL IS SUBMITTED FOR

<NAME OF SHIP>.

A. DATE OF TRIAL: DD/MM/YYYY

B. DATE OF LAST PROPELLER CLEANING: DD/MM/YYYY

C. DATE OF LAST RUDDER CLEANING: DD/MM/YYYY

D. DATE OF LAST UNDERWATER HULL CLEANING: DD/MM/YYYY

E. DATE ANTI-FOULING PAINT WAS APPLIED: DD/MM/YYYY

F. TYPE OF ANTI-FOULING PAINT LAST APPLIED: DD/MM/YYYY

G. DATE OF PREVIOUS TRIAL: DD/MM/YYYY

2. TRIAL DATA: (MIN 2HRS DURATION PER MEASURED LEG)

A. BEGIN TRIAL:

TIME (LOCAL): LEG 1 HHMM LEG2 HHMM

1) LATITUDE: DDDMM(N/S)CS DDDMM(N/S)CS

2) LONGITUDE: DDDMM(E/W)CS DDDMM(E/W)CS

END TRIAL:

TIME (LOCAL): LEG 1 HHMM LEG 2 HHMM

3) LATITUDE: DDDMM(N/S)CS DDDMM(N/S)CS

4) LONGITUDE: DDDMM(E/W)CS DDDMM(E/W)CS

B. TRUE WIND SPEED (KTS):

C. EST. SEA CURRENT SPEED (KTS):

D. EST. SEA CURRENT DIRECTION:

E. SEA STATE (BEAUFORT SCALE):

F. MINIMUM WATER DEPTH (FMS):

G. AVERAGE WATER DEPTH (FMS):

H. DRAFT FORWARD (FT/IN):

I. DRAFT AFT (FT/IN):

J. DISPLACEMENT (TONS):

K. SHAFT HORSEPOWER:

L. BRAKE HORSEPOWER:

M. LOAD INDICATOR:

N. SHAFT RPM:

O. WARRANTED/DESIGN FUEL CONSUMPTION; AT SEA:

1) TYPE:

2) BBLS/DAY:

3) BBLS/MILE:

P. OBSERVED FUEL CONSUMPTION (MAIN ENGINE):

1) TYPE:

2) TOTAL USED (BBLS):

3) USAGE RATE (BBLS/DAY):

4) USAGE RATE (BBLS/MILE):

Q. COURSE OVER GROUND:

R. DISTANCE OVER GROUND:

S. ENGINE MILES:

T. VESSEL WARRANTED/DESIGN SPEED:

U. WARRANTED/DESIGN SPEED OVER GROUND:

V. PERCENT SLIP (NEG/POS):

W. COMBINED AVERAGE SPEED OVER GROUND (FOR 2 LEGS):

3. ADDITIONAL COMMENTS: (MASTER INCLUDE A SUMMARY STATEMENT AS TO

WHETHER WARRANTED/DESIGN SPEED WAS OR WAS NOT ACHIEVED, ALONG

WITH ANY CONTRIBUTING FACTORS AS APPLICABLE).//

BT

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 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 significant design features or improvements made to increase the Vessel’s reliability, operability, and life expectancy).

Additionally, any Vessel built in a foreign Shipyard shall have a minimum of one (1) year’s documented performance history at the time of offer submission.

Classified Requirement: Vessel shall conform to certain classified Vessel requirements contained in Appendix Q. Any person viewing this information must hold a security clearance of

SECRET or higher.

Speed: The Vessel shall be capable of maintaining an average speed of sixteen (16) knots in moderate weather when laden.

Range: The Vessel shall have a minimum operating range of 13,000 nautical miles (nm) at sixteen (16) knots when fully laden in conditions of moderate weather.

Endurance: The Vessel shall have an endurance of 6,500 nm after 60 days of normal on-station prepositioning operations (e.g., an OPTEMPO of 86% at anchor/in port and 14% underway while in a prepositioning mode).

Breadth: The Vessel must be capable of transiting the Panama Canal.

Draft: The maximum mean summer draft is 35 ft. in salt water when the vessel is laden with a cargo load of 2,350 TEU, with each TEU weighing approximately 28,000 lbs., and bunkered for

13,000 nautical miles and using class constants.

Berthing: The Vessel shall be capable of messing and berthing a minimum of twenty-five (25)

Government personnel (in addition to crew). Lounge and recreation facilities shall be made available to embarked Government personnel.

Interoperability with MS Office programs (Office 2007 or newer) to enable file transfers of up to

20 MB while at sea. Vessel shall have the ability to take an Excel file and import cargo weight and location data into the Trim and Stability Program in order facilitate loading.

Stowage: Cargo shall be stowed in accordance with the International Maritime Dangerous Goods

(IMDG) Code (aniticipated cargo breakdown provided in Attachment P, “Cargo Data”).

Capacity: The Vessel shall have a minimum 2,350 TEU capacity when loaded in accordance with

IMDG codes. However, within the constraints of safety, security, net explosive weight, compatibility and other considerations, the Government may utilize the capacity of the entire

Vessel regardless of the minimum requirement. The Government will furnish all containers required to accommodate mission cargo; these containers will measure 20’L X 8’W X 8’6”H. The

1,350 mission-cargo TEU listed in Attachment P will be stowed within a climatically controlled environment.

Climate Control: Air Conditioning/Dehumidification (AC/DH) systems shall be installed to provide climate control for the 1,350 TEU comprising mission cargo. The vessel needs to be equipped with a cocoon used for the stowage of at least 26 of the mission-cargo TEU that must be stowed on deck per IMDG Code. The cocoon must meet the reliability, sustainability and construction requirements of Sections C-3.5.3.1 through C-3.5.3.10. The climatically controlled environment for the mission-cargo TEU shall be maintained as follows: maximum temperature of 85 degrees Fahrenheit and maximum relative humidity of 50%. These maximums shall be achieved within 30 days of completion of cargo on-load. Empty containers and/or loaded containers that are stowed onboard in excess of the mission-cargo TEU do not require climate control.

Cargo Hold Fixed Spray Water Cooling System: A fixed water spray cooling system that meets the requirements of SOLAS II-2/54 is required in areas to be used for carrying ammunition containers. This requirement is in addition to SOLAS regulation II-2/53, Fire protection arrangements in cargo spaces. The cooling water spray system is required regardless of current proposed Ship Regulatory Body acceptance of existing cargo hold fire-fighting.

Cranes: The Vessel shall be outfitted with a minimum of two (2) certified 30-Long Ton SWL cargo cranes and associated certified lifting gear capable of loading and unloading the mission cargo TEU listed in Attachment P. Each crane shall be outfitted with a safety hook or a hook that allows mousing as outlined in 49 CFR, §176.104. Ship’s crew must be trained and capable of operating ship’s cargo cranes as needed to meet port operations/mission schedules. All crane cabs shall be air conditioned.

Stores Gear: The Vessel shall have stores cranes or booms capable of working stores without impeding cargo operations.

Self-Sustaining Capability: The Vessel shall be self-sustaining at all hatches that would need to be loaded to accommodate the 2,350 TEU minimum capacity requirement.

Fender System: The Vessel shall be equipped with port and starboard fender system supporting lighterage, watercraft, or high-speed vessels to moor safely alongside in order to conduct instream cargo operations while at anchor. Fenders shall be foam or similar (NOT pneumatic/gas) and deployable/retrievable by ship’s crew.

Armory Storage: In accordance with Section C-18.2.1, the Government will provide the ship with small arms including two (2) 9MM firearms and 500 rounds of 9MM ammunition. The

Vessel will be equipped by the Government with:

o One (1) class-5 gun safe o One (1) ship’s armory or other suitable magazine for the above for use by the ship’s crew to provide Force Protection (FP) within the life lines of the ship. The Contractor shall maintain the security and stowage of the weapons and ammunition in accordance with OPNAVINST

5530.13 (series) and COMSCINST 5530.3 (series).

The contractor shall provide adequately sized air conditioned spaces to safely and securely house these items.

Transport Capability: Vessel shall be certified to transport up to Category II Arms, Ammunitions, and Explosives (AA&E) IAW DoD 4500.9R, Chapter 205, Part II (Cargo

Movement), Defense Transportation Regulation.

C-3.5.2 Cargo Gear. The Vessel shall possess all lashing gear and tie-downs necessary to secure all container cargo loaded onboard. All twistlocks required for use on deck-stowed containers, including midlock cones used in 20’ ISO gaps, shall be compliant with OSHA and latest international classification societies. Midlock automatic cones must be used when stowing two (2) TEU within one (1) FEU slot.

The Vessel shall be equipped with trained crew and cargo handling equipment sufficient to operate a minimum of two (2) holds simultaneously, including at least two (2) certified auto-locking spreader bars with a SWL of 27 tons. Alternating one (1) crane between two (2) holds to meet this requirement is not acceptable. The crew shall operate and maintain all cargo handling equipment to the highest commercial marine standards. The Vessel shall be powered to operate all cargo gear simultaneously with all other required Vessel equipment such as, but not limited to, AC/DH, anchor windlass, and mooring winches.

C-3.5.3 Controlled Cargo Environment System.

C-3.5.3.1 Requirement. The Vessel shall be outfitted with an operational and efficient automated environmental control system that maintains cargo stowed below deck and within cocoon(s) in a climatically controlled cargo environment. The system shall automatically collect and store relative humidity, temperature and air flow data. The system shall generate and export reports containing this data in a Microsoft Office or Adobe Acrobat compatible format. These reports shall be generated and submitted weekly via electronic means to –the MSC Contracting Officer’s Representative (COR), and shall contain at least the daily average temperature and relative humidity for each cargo hold for each day in the reporting period.

C-3.5.3.2 Controlled Cargo Environment. The cargo hold environmental control system shall run automatically, maintain environmentally controlled air in constant circulation (blowers always running), and shall be adequate in capacity to ensure all cargo is maintained at a maximum of 85 degrees Fahrenheit and within 40-50%, inclusive, relative humidity within the design operating conditions of air temperature between 20 and 110 degrees Fahrenheit and seawater temperature between 40 and 80 degrees Fahrenheit. The controlled cargo environment parameters of a maximum of 85 degrees Fahrenheit and 40-50%, inclusive, relative humidity shall be achieved within 30 days of completion of cargo on-load.

C-3.5.3.3 Environmental Control and Monitoring Sensors. The Vessel shall be outfitted with a minimum of one (1) relative humidity and one (1) air temperature sensor for every 150,000 cubic feet of cargo hold volume. At a minimum, there shall be not less than two (2) relative humidity and two (2) air temperature sensors per cargo hold. Sensors shall be re-locatable using detachable extension cables, and mounted within cargo holds on interior surfaces only, away from any surface in contact with the ocean, ballast/fuel tanks, or solar loading. Airflow sensors shall be located at each air circulation blower and will register blower operation. In addition to cargo hold sensors, there shall also be one (1) ambient air temperature sensor and one (1) seawater temperature sensor. At a minimum, relative humidity sensors shall be accurate to plus or minus three (3) percent within 20% to 95% relative humidity, and temperature sensors accurate to plus or minus one-half (.5) degree Fahrenheit with a minimum measurement range of -0 to +140 degrees Fahrenheit.

C-3.5.3.4 Recorded Data. Cargo hold relative humidity and air temperature data, blower operation, and sea water and ambient air temperature data shall be taken in five (5) minute intervals and stored in averaged thirty (30) minute intervals. Data shall be time and date stamped by an internal clock/calendar set to Greenwich Mean Time. The monitoring system shall store data for a period of not less than five (5) years.

C-3.5.3.5 Required Environmental Data Submissions. The weekly environmental control report shall be submitted to MSC PM3, the cargo sponsor, the cognizant MSC Area Commander, and the cognizant

MPS Squadron Commander. The report shall contain the below data for each day in the reporting period in a tabular format to be agreed upon after contract award, but prior to ship delivery. Samples of notional report formats are available upon request.

Data to be reported for each day in the reporting period:

24 hour average daily relative humidity of each cargo hold

24 hour average daily air temperature for each cargo hold

24 hour average ambient temperature

24 hour average sea water temperature

24 hour average number of circulation blowers/AC units running vs. total number installed.

C-3.5.3.6 Maintenance of Reports. A copy of each weekly environmental control report shall be maintained onboard the Vessel for the life of the Contract.

C-3.5.3.7 Controlled Cargo Environment Physical Monitoring Requirement. The Master shall ensure physical monitoring of the controlled cargo environment is conducted at least once daily.

C-3.5.3.8 Installation and General Layout Drawings. Drawings depicting cargo environmental control zones and the locations of all environmental equipment, including sensor locations, shall be submitted to the

COR for review not later than 60 days after Contract award. Mathematical calculations used to determine size and quantity of AC/DH equipment needed to meet minimum contractual requirements shall also be submitted not later than sixty (60) days after Contract award. The Vessel shall not be taken on-hire until the Government is satisfied the environmental control system will meet minimum

Contract requirements. Updated general layout drawings shall be submitted to the MSC representative following system installation.

C-3.5.3.9 Cocoon Reliability and Sustainability. All cocoon(s) used to stow cargo shall be constructed to withstand 100 mph winds and associated rolling seas.

C-3.5.3.10 Cocoon Construction. Cocoon(s) must be constructed in such a manner as to allow cargo discharge operations to commence within six (6) hours of Vessel arrival at the port of discharge. Cocoon(s) shall be capable of being dismantled with minimal degradation/damage (i.e., cocoon(s) can be reused).

Cocoon(s) shall be designed to open by rolling within itself (accordion style) or aside rather than exist as a box structure which must be disassembled to commence cargo discharge operations. The time required to ready the Vessel for sea after the loading of the last piece of cargo shall not exceed 96 hours.

C-3.5.4 Cargo Provisions. Primary cargo will include United States Army (U.S. Army) explosive munitions with a minimum of 3.0 million pounds of Net Explosive Weight (NEW). The U.S. Army must have the ability to change the cargo quantity and type, and NEW up to vessel capacity. All retrograde/call forward cargoes shall be segregated from any and all prepositioning cargo. At no point shall any

AC/DH prepositioning cargo be moved/removed from the vessel while any retrograde/call forward cargoes are being loaded/discharged. Attachment P describes, without guarantee, the anticipated cargo, including number of containers, weights of loaded containers, and IMDG Code.

C-3.5.5 Other Vessel Specifications.

C-3.5.5.1 Dry-docking. Upon delivery, the Vessel shall conform to USCG regulations for extended tailshaft examination intervals found in 46 CFR 61.20-21 and for extended drydock examination interval found in 46 CFR 91.40-3(d) through (g). In addition, the Vessel shall not require drydocking for credit during the Charter Period.

C-3.5.5.2 Tin-Free Delivery. The Vessel shall deliver free of tin-based coating. A Vessel requiring re-coating shall be stripped down to bare metal before repainting with a suitable coating. Additionally, a hull requiring repainting shall be fleeted.

C-3.5.6 Other Vessel Requirements.

C-3.5.6.1 Reliability. The Vessel shall have reliable Vessel systems that perform consistently and are warranted to provide the capabilities as specified in this section. The Vessel shall have onboard spares for each type of boom/crane motor, boom/crane power cable, and boom/crane luffing and hoist cable. To increase the reliability of crane controls, crane cabs shall be air conditioned.

C-3.5.6.2 Air Draft. The maximum allowable air draft when in an unloaded or ballast condition is 135 feet.

C-3.5.6.3 Boat Fueling Station. The Vessel shall be capable of fueling a small boat alongside. The Vessel shall have a diesel fuel system connected to one (1) on-deck fueling station with the necessary attached piping, pumps, hoses, tanks and filler nozzles. The fueling system shall be USCG approved.

C-3.5.6.4 Bunkering. The Vessel shall be capable of being bunkered from a fuel barge or tanker alongside at anchor using standard six-inch hose flanges with camlock fittings. MARPOL regulations for taking samples during bunkering will apply.

C-3.5.6.5 Accommodation Ladders. The Vessel shall be fitted with accommodation ladders on both port and starboard sides, leading aft, and be fitted with one lower boat-landing platform (capable of handling lighterage, watercraft and high speed vessels). The platform shall be attached to the hull with padeyes or clips and be adequately fendered. Fenders shall be foam or similar material (not pneumatic or gas), and be deployable/retrievable by the ship’s crew.

C-3.5.6.6 Water-Making Capability. The Vessel shall have the capacity to produce and store thirty (30) tons of potable water per day at anchor in tropical waters (average seawater temperature 83 degrees

Fahrenheit) in a Public Health Service-approved system.

C-3.5.6.7 Laundry Equipment. The Vessel shall have laundry equipment sufficient in size to meet Officer, crew, and Government personnel needs in addition to the Vessel's laundry needs.

C-3.5.7 Pollution Control. (See also Section C-9).

C-3.5.7.1 MSD. The Vessel shall be fitted with a USCG-approved marine sanitation device. The Vessel shall have the ability to process and hold all sewage and grey water discharges for at least thirty (30) days of normal operation. The Vessel shall also have a sampling port on the overboard line from the MSD to allow sampling of effluent.

C-3.5.7.2 Incinerator. The Vessel shall be fitted with an incinerator that is cable of burning both solid waste and waste oil. Any incinerator installed shall meet Annex VI of MARPOL 73/78. It is anticipated the

Vessel will be required to use the incinerator to dispose of waste oil if prepositioned at Diego Garcia.

C-3.5.7.3 Oily Water Separator/Slops Retention. The Vessel shall be fitted with a USCG-approved bilge/oily water separator and shall employ methods, both through installed equipment and operational practices, to minimize slops (bilge water, waste oil, contaminated water, etc.) generation. The vessel shall be capable of retaining all slops generated during normal operations on board for a minimum of thirty

(30) days. Existing tanks may be used or converted to meet this requirement..

C-3.5.8 Spare Parts Storage Space. The Vessel shall be equipped with an allowance of spare parts (in addition to those required by regulatory bodies) and commensurate storage space sufficient for six (6) months usage in an isolated area.

C-3.5.8.1 Onboard Stores. The Vessel shall deliver with dry stores (general resupply items) sufficient to remain on station for a period of two (2) months. The Vessel shall be capable of storing ninety (90) days dry provisions and sixty (60) days chilled/frozen provisions in storerooms or in containers. Ship's stores/provisions to meet above endurance will be on hand upon arrival at the prepositioning site. Dry provisions shall not be allowed to go below thirty (30) days’ endurance.

C-3.5.8.2 Paint Locker. The Vessel shall have a paint locker with paint adequate for two (2) months usage on-station. The Vessel shall carry scaling equipment and staging on board to maintain its topside material condition.

C-3.5.9 Miscellaneous Equipment. The Vessel shall deliver with the following equipment:

Two (2) VHF-FM transceivers with chargers

Two (2) trash dumpsters, capable of being offloaded at anchor and large enough to hold five (5) days of normal refuse.

One (1) set bridge wing signal lights

One (1) set convoy flags and pennants

Two (2) Long Range Acoustic Device (LRAD) conforming to the following minimum specifications:

o Maximum Beam width: +/- 15 deg at 1 KHZ - 3 db o Minimum Volume: 146 db at 1 meter, 95 db at 300 meters o Minimum Usable Range: Intelligent speech at 300 meters

Automated External Defibrillator (AED) o Subject to the requirements of the paragraph below, the Contractor shall provide at least one

(1) AED unit. Unless otherwise specified in Box 6, all AEDs must be FDA approved and be suitable for Shipboard use. The Vessel's Medical Person-in-Charge shall be trained to operate and maintain the AEDs.

o The Contractor shall provide sufficient AEDs, stored in a location ready for use, to ensure that response time to Shipboard medical emergencies does not exceed five (5) minutes from any location on the Vessel. AEDs shall be stored in a location that is accessible to trained rescuers.

C-3.5.10 Vessel Name. The Government may require the Contractor to change the name of the Vessel to a name of the Government’s choice at no additional cost to the Government. Upon redelivery and at no additional cost to the Government, the Government may require the Contractor to change the name of the Vessel back to something other than the Government-provided name.

C-4 Crew Qualifications.

C-4.1 Crew as Agents of Owner. The Master, officers and crew of the Vessel shall be appointed or hired by the Contractor and shall be deemed to be the servants and agents of the Contractor at all times, including during cargo operations, except as otherwise specified in this Charter. The Master of the

Vessel shall be under the direction of the Charterer with regard to the employment of the Vessel but shall not be under Charterer's orders with regard to navigation, care, and custody of the Vessel. The ship’s crew shall be trained, qualified and medically fit sufficient to accomplish the requirements of the

Performance Work Statement (PWS) and consistent with the ship's mission. The Master, officers and unlicensed crew shall be U.S. citizens. The Master, officers and the entire crew shall be able to adequately communicate in spoken and written English and possess valid and current certificates, licenses, and documents. Deck and Engine officers shall meet requirements of the USCG and STCW and possess current, valid USCG licenses, including Radar Observer endorsement for deck officers, commensurate with the tonnage and classification of the Vessel. GMDSS operators and maintainers shall be properly licensed and certified. Licensed personnel shall have the necessary endorsements on their USCG Merchant Mariner's Document for the job to which they are assigned. All crew shall hold valid U.S. passports for the full length of their assignment onboard.

C-4.1.1 Conduct of Master, Officers, and Crew. If the Charterer has reason to be dissatisfied with the conduct of the Master, officers or crew, the Contractor shall, on receiving particulars of the complaint, investigate the matter and, if necessary, make a change in personnel.

C-4.1.2 Crew Appearance. The Contractor shall ensure that the appearance, dress and behavior of the officers and crew are a credit to the Government. Accordingly, the Contractor shall establish and enforce appropriate dress and grooming standards for shipboard personnel (e.g., khakis or white coveralls for officers and blue for unlicensed crewmembers) in order to distinguish officers from non-officer crew and to facilitate the identification of non-crew personnel.

C-4.2 Antiterrorism and Physical Security.

C-4.2.1 General. The Owner shall comply with COMSCINST 5530.3 (series), which is the primary reference on antiterrorism and physical security matters and establishes minimum-security standards for MSC ships, and with COMSCINST 5521.1 (series), which is the MSC Security Screening Procedures. MSC

Area Commanders may direct the Vessel take additional security measures as the local threat condition warrants.

C-4.2.2 Crew, Vendor and…