15-R-3000_ATT_M_-_Off_hire.doc

N62387-15-R-3000 ATTACHMENT M: OFF-HIRE GUIDELINES

The following are guidelines that may be used to determine of off-hire charges against the Contractor for specific instances of failure to comply with requirements of this charter party. These standards are guidelines only and are not construed as binding and inflexible provisions of the charter party. When determining off-hire, the Government may consider difficulties encountered by the Contractor in transporting repair and spare parts, personnel, and service representatives which are attributable to the Government. The Contracting Officer at all times reserves the right to make off-hire determinations under the specific facts and circumstances of each incident at issue. If, in any particular instance, these standards operate to impose inequitable results on either the Government or the Contractor, the Contracting Officer may make appropriate adjustments to the off-hire amount suggested by the guidelines so as to comport with applicable Admiralty Law and Custom of the Trade practices.

Definitions:

OOC = Out of Commission

· percent of cargo holds affected (= affected holds/total holds required) or

· percent cargo gear affected (=affected cargo gear/total cargo gear required) Vessel operations during the event determine calculation used.

· percent of cargo holds affected (= affected holds/total holds required) or

· percent cargo gear affected (=affected cargo gear/total cargo gear required) Vessel operations during the event determine calculation used.

· percent of cargo holds affected (= affected holds/total holds required) or

· percent cargo gear affected (=affected cargo gear/total cargo gear required) Vessel operations during the event determine calculation used.

· percent of cargo holds affected (= affected holds/total holds required) or

· percent cargo gear affected (=affected cargo gear/total cargo gear required) Vessel operations during the event determine calculation used.

· percent of cargo holds affected (= affected holds/total holds required) or

· percent cargo gear affected (=affected cargo gear/total cargo gear required) Vessel operations during the event determine calculation used.

· percent of cargo holds affected (= affected holds/total holds required) or

· percent cargo gear affected (=affected cargo gear/total cargo gear required) Vessel operations during the event determine calculation used.

Note:

For actual issues of lost time (VICE readiness issues), actual time lost to be used to determine off-hire.

�We need to discuss this, as it appears to be in conflict with Section H?

�Section H is part of the Pro Forma and will not be changed at this point.

�What does this mean? Is it consistent with H-6 saying, “Failure of the parties to agree upon the extent of the proportional decrease in hire shall be a dispute under the clause entitled "Disputes" incorporated herein by reference in Section I below. Nothing in this clause shall limit the rights of the Charterer to place the Vessel off-hire pursuant to Section H-9 below.”

�Not sure what this means. Propose deleting or modifying if this has to do with warranted speed trials.

�If we keep this Attachment, we shuld clearly show the calculation for percents less than 100%. Foe example, how do you calculate “% cargo unable to work (MT)”?

N62387-15-R-3000 ATTACHMENT M