N62387-15-R-5301_0007_-_Conformed.docx

N62387-15-R-5301

N62387-15-R-5301

Section B - Supplies or Services and Prices

Days

USNS MARTIN PER DIEM - BASE PERIOD

FFP

FOB: Destination

NET AMT

USNS MARTIN REIMBURSABLES - BASE PERIOD

COST

ESTIMATED COST

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USNS WHEAT PER DIEM - BASE PERIOD

NET AMT

USNS WHEAT REIMBURSABLES - BASE PERIOD

ESTIMATED COST

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NET AMT

ESTIMATED COST

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ESTIMATED COST

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NET AMT

ESTIMATED COST

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ESTIMATED COST

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ESTIMATED COST

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ESTIMATED COST

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ESTIMATED COST

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ESTIMATED COST

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ESTIMATED COST

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ESTIMATED COST

Days

NET AMT

ESTIMATED COST

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ESTIMATED COST

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ESTIMATED COST

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ESTIMATED COST

Days

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ESTIMATED COST

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ESTIMATED COST

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ESTIMATED COST

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ESTIMATED COST

Days

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ESTIMATED COST

Days

NET AMT

ESTIMATED COST

Reserved

NET AMT

999901

Reserved

NET AMT

999902

Reserved

NET AMT

999903

Reserved

NET AMT

999904

Reserved

NET AMT

999905

Reserved

NET AMT

999906

Reserved

NET AMT

999907

Reserved

NET AMT

999908

Reserved

NET AMT

999909

Reserved

NET AMT

SECTION B

1.0 General. The rates for services provided under this contract shall be payable at the applicable, fully loaded, rates stipulated in the rate schedules at Section B. Said payments shall be considered payment in full for all services, equipment, supplies and maintenance of Government equipment, and all Contractor personnel under this contract, including all penalty time, bonuses, payments, and emoluments payable to Contractor personnel for services under this contract, irrespective of the geographic scope of said services, the carriage of vehicular cargoes, bulk cargoes, and general cargoes Said payments do not include any premiums associated with the carriage of hazardous cargo (including explosives, and ammunition) that are reimbursable as addressed below or those items specifically identified as reimbursable under this contract.

Note: Any number of days identified herein for Full Operating Status (FOS), Reduced Operating Status (ROS), and Repair Availability (RAV), etc., are for pricing and evaluation purposes only. Any representations to specific operating tempo days per year are estimates only.

2.0 Per Diem Rate for Operation and Maintenance. Per Diem rates shall cover the cost of daily operation, maintenance, equipment, personnel, and service for each vessel, unless an expense is specifically listed in the contract as being reimbursable. The Contractor’s fixed price per diem rates shall cover all expenses for required travel and training under this contract, except those explicitly identified by the contract as reimbursable. Due to the staggered delivery of vessels during contract phase-in and phase-out, no minimum amount of ship per diem workload is guaranteed during the firm period or final period of contract performance.

3.0 Holidays. Holidays are defined as the ten (10) federal holidays specified at 5 USC 6103(a):

Table 1: Holidays per 5 USC 6103(a)

New Year’s Day, January 1.

Birthday of Martin Luther King, Jr., the third Monday in January.

Washington’s Birthday, the third Monday in February.

Memorial Day, the last Monday in May.

Independence Day, July 4.

Labor Day, the first Monday in September.

Columbus Day, the second Monday in October.

Veterans Day, November 11.

Thanksgiving Day, the fourth Thursday in November.

Christmas Day, December 25.

4.0 Reimbursable Items. Reimbursable supplies and services are those items specified in the contract as reimbursable, or otherwise pre-approved by the Contracting Officer. The reimbursement cost shall not include overhead, general and administrative costs, material handling costs, profit, or fees above the actual costs. See Section G for the documentation requirements for reimbursable items. The Contractor is responsible for ensuring that reimbursable expenses do not exceed funding expressly obligated to the applicable CLIN by the Contracting Officer for reimbursables. Reimbursable expenses that require pre-approval by the Contracting Officer must be pre-approved prior to the expense being incurred and reimbursement will be limited to the threshold approved by Contracting Officer.

5.0 Estimates. All quantities are estimates unless specifically guaranteed.

6.0 RESERVED.

7.0 Continuing Rate. If a vessel has a voyage in progress on the date of contract expiration, the applicable per diem rate for that vessel for the period beyond the expiration date shall be the per diem rate that is in effect on the last day of the contract for that vessel.

8.0 Reduced Operating Status (ROS-5 Per Diem). The ship shall be fully manned by the ROS-5 crew identified in Section 19 of the Technical Manual (Attachment A) during core work hours, 0800 to 1700 local hours (including time allotted for breaks and lunch) five days a week (Monday through Friday), except holidays. The Contractor shall be paid the applicable, fully burdened ROS-5 rates stipulated in the rate schedules at Section B, which shall be considered payment in full for all ROS-5 services, equipment, supplies, operation and maintenance of the ship and Government equipment, and all contractor personnel under this contract, including all penalty time, bonuses, payments and emoluments payable to contractor personnel for services under this contract. The ROS-5 per diem rates should also include a two-day on board turnover period when replacing shipboard key billets and shall include the full wages and fringe benefits for one Officer to be retained on the ship evenings, holidays and weekends to fulfill security requirements. Gangway security-watch overtime, when required, will be reimbursed with Contracting Officer approval and therefore should not be included in the firm-fixed-price per diem. Except where explicitly stated otherwise, all crew travel costs, including those related to crew rotation, and MSC required training are for the Contractor’s account and will not be reimbursed by the Government.

8.1 Adjustments to ROS-5 Crew. The Government reserves the right to make minor crew adjustments during periods of ROS-5 (e.g. reduction of steward crew when ROS ships are nested and multiple ships crews are fed on one ship, the addition of an Electronics Officer, or the addition of crew for enhanced security). During times in which the ROS-5 crew is modified, the per-diem rate will be increased or decreased by the total amount of the crew member’s Total Wages/Fringes/Payroll Taxes as depicted in the Contractor’s Final Proposal Revision (FPR), Pricing Form C for ROS-5. The Government will not consider or pay adjustments to the per diem rate for Contractor overhead, general and administrative cost, material handling costs, profit, or fees.

If the requested crew billet is not listed on Pricing Form C for ROS-5, the Contractor shall provide a union-approved rate for that billet, adjusted only by the addition of contractor-provided fringe benefits and payroll taxes. The Government will not consider or pay adjustments to the per diem rate for Contractor for overhead, general and administrative cost, material handling costs, profit, or fees.

With Contracting Officer’s approval, the Government will also reimburse the Contractor for reasonable direct expenses associated with the additional crew member(s). The Government will not reimburse the Contractor for overhead, general and administrative cost, material handling costs, profit, or fees above the actual cost of such direct expenses. These direct expenses may include the following:

· subsistence for the crew member(s) remaining onboard with the prior written approval of the Contracting Officer;

· transportation costs of crew members leaving or returning to the ship because of a Government directed ROS-5 crew size adjustment ; and

· any extraordinary expense incurred with the Contracting Officer’s approval. The Contractor shall exercise prudent judgment to minimize all such direct costs and shall request the Contracting Officer’s prior approval of any action affecting such costs, including crew members remaining onboard, whenever practicable.

9.0 Alternate ROS. The Government reserves the right to designate an alternate Reduced Operating Status based upon an activation timeline of more or less than five days (e.g., ROS-4, ROS-30). During such time crew wages and fringes and transportation costs will be reimbursable with prior Contracting Officer consent. Other direct costs will be negotiated using the costs identified by the Contractor on Form A as the basis for negotiation.

10.0 Repair Availability (RAV Per Diem). The RAV per diem rates provided under this contract shall be payable at the applicable, fully burdened per diem rates stipulated in the rate schedules at Section B. The ship shall be fully manned by the RAV crew identified in Section 19 of the Technical Manual. The contractor’s firm-fixed-price RAV per diem rates shall include full wages and fringe benefits for each crewmember for an eight-hour workday, seven days per week (including all holidays). The proposed per diem rates should also include the full wages and fringe benefits for one Officer to be retained on the ship evenings, holidays and weekends to fulfill security requirements. The ship shall be manned by the RAV crew during shipyard work hours. Said payment shall be considered payment in full for all RAV services, equipment, supplies, operation and maintenance of the ship and Government equipment, and all contractor personnel under this contract, including all penalty time, bonuses, payments and emoluments payable to contractor personnel for services under this contract. Should shipyard work hours exceed 8 hours per day, overtime will be reimbursed in accordance with Section C-1.7.14.3.1 (ROS/RAV Overtime). It is the Government’s intent that the crew will reside onboard the vessel for the duration of the shipyard availability unless Contracting Officer approves shoreside accommodations due to special circumstances. Except where explicitly stated otherwise, all crew travel costs, including those related to crew rotation, and MSC required training are for the Contractor’s account and will not be reimbursed by the Government.

11.0 Full Operating Status (FOS Per Diem). The proposed per diem rates should include a two-day on board turnover period when replacing shipboard key billets. The contractor’s firm-fixed-price FOS per diem rates shall include the full wages and fringe benefits for each crewmember for an eight-hour workday, seven days per week (56 hours per week per person), and 365 days per year (including all holidays). In addition, any overtime incurred for the purpose of maintaining required “watches” shall be part of the fixed-price per diem. This includes the routine gangway watch, also referred to as the gangway security watch, which includes roving patrol duties. All crew travel costs, including those related to crew rotation, and MSC required training are for the Contractor’s account and will not be reimbursed by the Government. As it is not anticipated that the ships under this contract will upload sufficient quantities of ammunition/explosive material to warrant payment of an ammo bonus to crewmembers, Contractor’s FOS per diem rates shall not include ammo bonus premiums. In the event the Government places aboard the ship explosives in sufficient quantity to cause the Contractor to pay the crew a required "explosives bonus," the Government will reimburse the Contractor for actual bonus costs. A properly certified invoice citing this paragraph and including the language from the union agreement or other applicable document requiring payment of the bonus shall be submitted for payment.

12.0 Transition Costs. The contractor will not be paid a fixed fee to transition a ship from ROS to FOS, FOS to ROS, FOS to RAV and RAV to FOS. Rather, the contractor shall be reimbursed reasonable direct actual prices for supplies and services associated with the transition in accordance with Section G-7.

13.0 Dock Trials. The per instance dock trial rates provided under this contract shall be payable at the applicable, fully burdened rates stipulated in the rate schedules at Section B. The entire dock trial evolution will be conducted within the ROS-5 or RAV per diem. Firm-fixed-price dock trial rates shall include all additional costs that may be incurred above the fixed price per diem rate in completion of all tasks and requirements stated in the ROCON Technical Manual, Section 29 (Dock Trial Agenda).

14.0 Contractor’s Account. All overtime, penalty time, bonuses, and other emoluments, payable for whatever reason, shall be for the contractor’s account except those specifically authorized by the contract or approved by the Contracting Officer.

15.0 Funding Information Only.

15.1 CLIN Structure. Two CLINS (Per Diem, Reimbursables, and Dock Trials) will be provided for each ship for each applicable contract period. CLIN Structure is subject to change at the unilateral discretion of the Government.

15.1.1 Per Diem CLIN Structure. Below is the general CLIN structure that will be used for the Per Diem elements of the contract. The parent CLINs for Per Diem will be established as follows:

Table 2: CLIN Structure for OPHIRE/Per Diem (Exp Type 25213)

15.1.2 Per Diem sub-CLIN Structure. The Per Diem CLINS will use the following sub-CLIN format. Note that the each "xxxx" will correspond with a CLIN number in Table 2:

Table 3: sub-CLIN Structure for OPHIRE/Per Diem

15.1.3 CLIN Structure for Reimbursable Expenses. Following is the general CLIN structure that may be used for reimbursable elements of the contract if authorized by the contract or approved by the Contracting Officer.

Table 4: CLIN Structure for Reimbursable Expenses

15.1.4 Sub-CLIN Structure for Reimbursable Expenses. The reimbursable sub-CLINs will use the following structure. Note that the each "xxxx" will correspond with a CLIN number in Table 4.

Table 5: SubCLIN Structure for Reimbursable Expenses

15.1.5 CLIN Structure for Dock Trials. Following is the general CLIN structure that will be used for Dock Trial elements of the contract if authorized by the contract or approved by the Contracting Officer. The CLINs for Dock Trials will be established as follows:

Table 6: CLIN Structure for Dock Trials

15.1.6 Sub-CLIN Structure for Dock Trials. The Per Diem CLINS will use the following sub-CLIN format. Note that the each "xxxx" will correspond with a CLIN number in Table 6:

Table 7: sub-CLIN Structure for Dock Trials

15.2.1 Per Diem Rate Schedule. The following per diem rates shall be payable in accordance with Sections B-8, B-10, & B-11 above.

Table 8: Per Diem Rates Structure for All Ships

Period of Performance / Rate

MARTIN

WHEAT

KOCAK Class

15.2.2 Dock Trial Per Instance Rate Schedule. The following per diem rates shall be payable in accordance with Section B-13 above.

Table 9: Dock Trial Rates Structure for All Ships

Period of Performance / Rate

MARTIN

WHEAT

KOCAK Class

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

1 OPERATIONS AND MANNING

1.1 GENERAL OPERATIONS

1.1.1 Scope of Work/Mission. The Contractor shall provide personnel, operational and technical support ashore and afloat, equipment, tools, provisions and supplies to operate, maintain, and repair five Roll-On Roll-Off and Container (ROCON) ships for the Military Sealift Command (MSC), henceforth referred to as the “Government.” The ROCON ships include the following: USNS ROY M. WHEAT, USNS 1st LT HARRY L. MARTIN, USNS SGT MATEJ KOCAK, USNS MAJ STEPHEN W. PLESS, and USNS PFC EUGENE A. OBREGON. They shall be operated in a professional manner, maintained in good condition, and shall be mission-ready at all times. The Contractor shall plan, schedule, coordinate and ensure effective completion of all services described herein. All mechanical, electrical, and auxiliary systems shall be maintained in accordance with the terms and conditions of the contract. The Contractor is responsible for performing scheduled and unscheduled maintenance and repairs, as necessary, on a 24 hour a day basis.

1.1.1.1 Order of Precedence: The ROCON Technical Manual provides added detail to Section C for the execution of this contract. The MSC Standard Operating Manual (SOM) is the primary MSC instructions that address MSC fleet operational execution requirements. In the event Section C conflicts with the ROCON Technical Manual, Section C shall take precedence over the Technical Manual. In the event Section C conflicts with the SOM, Section C shall take precedence. In the event the Technical Manual conflicts with the SOM and MSC Instructions, the Technical Manual shall take precedence over the SOM instructions.

1.1.2 Operational Control (OPCON). Operational Control will be exercised by the Operational Commander. The ships are projected to operate in the worldwide service under the ultimate operational control of the appropriate area commander. Each operational mission will be the subject of a classified Operational Order (OPORD) or Sailing Order (SAILORD) that specifies exactly how the mission will be accomplished. Delay of the ship or diversion from operations will be reported immediately to the Operational Commander. For Surge ROCONs, USTC delegates OPCON to COMSC who will normally delegate to the appropriate MSC Area Command.

1.1.3 Concept of Operations. The Surge ROCONs will be maintained in reduced operating status five (ROS-5) on the Atlantic, Pacific, or Gulf Coast of the United States. ROS-5 requires that the ships be maintained in such a condition that upon notification to transition to FOS they will be fully operational within five days (120 hours). From time to time, there may be Government stevedore cargo operations or other training required to be conducted on the ships while they are being maintained in ROS-5. An exception to this activation time period may be made when activation is required in connection with a severe weather sortie, contingency, or other emergent requirement.

1.1.4 Area of Operations. It is intended for the ships to be layberthed at sites on the Atlantic, Pacific, or Gulf Coast of the United States. The ships, however, may be sited worldwide. The ships are designed for extended, independent underway operations in remote geographic areas; therefore, self-sufficiency in operations and maintenance is an important mission objective.

1.1.5 Layberths. The Government may require the Contractor to solicit the services of a layberth facility. If the Government does require such a solicitation, all desired salient characteristics of the layberth will be communicated to the Contractor and all requirements for the facility subcontract will be jointly developed with both the Government and the Contractor providing input.

1.1.6 Operating Tempo (OPTEMPO). OPTEMPO for ROS-5 will normally consist of approximately 95% in port and 5% underway per ship; however, operational commitments may require deviation from this schedule. OPTEMPO will normally consist of one (1) dock trial every year and one (1) sea trial every 30 months; however, operational commitments may require deviation from this schedule. No notice trials may be conducted by the Government at any time, including after hours, weekends and holidays, to monitor the Contractor’s ability to transition the ships from ROS-5 to FOS status within the 120-hour period. At any time during the life of the contract, any or all of the ships may be placed in FOS in order to support military operations and exercises, or to support national emergency requirements. Ships placed in FOS are subject to deployment for indefinite periods of time.

1.1.6.1 Increased Costs During Increased OPTEMPO. No Government representations herein with respect to the expected operating tempo of the ships shall give rise to Government responsibility or liability for any increased costs associated with or caused by any increase or decrease in operating tempo beyond what has been forecast by the Government or by the Contractor.

1.1.7 Weather Operations:

1.1.7.1 Weather Information and Ship Routing. The Naval Oceanography Centers will provide Optimum Track Ship Routing (OTSR) for the ROCON ships in accordance with COMSCINST 3121.9 Series and NAVMETOCCOMINST 3140.1 Series. Routes assigned by the OTSR program are recommendations to the ship. The Contractor shall request OTSR program routes during severe and destructive weather conditions.

1.1.7.2 Severe and Destructive Weather Plan The Severe and Destructive Weather Plan identifies those measures to be taken by the crew to prepare the ROCON for severe weather, to include getting underway in less than 5 days and in accordance with USCG Certificate of Inspections (COI) Manning. The Contractor shall implement and maintain the Severe and Destructive Weather Plan in accordance with Operational Commander’s guidelines and COMSCINST 3141.2 Series and area commander guidance. When a hurricane condition is set in the Area of Operations (AOR), and the ship is in port or underway within the storm-related area, the ship shall submit an initial hurricane status report within one (1) hour of notification of the condition being set (in accordance with guidelines and COMSCINST 3141.2 Series. In addition, the ship shall request Optimum Track Ship Routing (OTSR) in accordance with Section C-1.1.7.1. Notification calls from the cognizant MSC Area Command or COMSC will be considered the same as receiving formal notification via naval message.

1.1.8 Administrative Control (ADCON). Administrative control will be exercised by Military Sealift Command, specifically the Surge Project Officer (PM35) for the Strategic Sealift Program Office (PM3).

1.1.9 Port Services. The Contractor shall use Government contracts, when available, for port or agent services prior to using commercial sources. If utilization of Government contracts for agent or port services would adversely impact the mission of the ships, the Contractor shall notify the Contracting Officer or COR prior to utilizing commercial sources. Contracting Officer/COR approval is not required.

1.1.10 Other Port Charges and Expenses. The Government shall reimburse the Contractor for costs of equipment required for loading and unloading Sponsor equipment, canal tolls, port/local taxes (provided the Contractor exercises due diligence in seeking on behalf of the Government immunity from such dues and taxes), entering/leaving port fees, custom broker fees, ballasting or shifting berths pursuant to Government direction, except as any of the forgoing pertains to the Master, officers, and crew. The Government shall not reimburse the Contractor for expenses incurred by the Contractor for services rendered for the convenience of the ship, its crew, or in connection with the Contractor’s business such as fees of underwriters, or expenses in moving the ships about the port to obtain stores or provisions.

1.1.11 Diplomatic Clearances. The Government will obtain diplomatic clearances, operational area clearances, and explosive load clearances when and where required. The Government will secure port visit clearances.

1.1.12 Husbanding Agents in Port. The Government retains the right to disapprove proposed agents and to require removal of an agent whose performance the Government (including the Contracting Officer’s Representative (COR) or an MSC Area Commander) finds to be unsatisfactory. The Contractor shall instruct the agent to respond directly to requests by the Government for information or reports. Expenses, including canal costs, incurred for agents for ships in FOS at berths other than the permanent layberth ports, shall be reimbursed to the Contractor by the Government. The Contractor, for his account, shall provide a telephone for each ship in any port other than its designated layberth. Notwithstanding the above, the Government may directly appoint the agent. The Government will pay all fees of agents appointed by and used by the Contractor as specified in this section to husband the ships, including pilots, tugboats, launches and the fees of agents appointed for canal transits and at bunkering ports, pursuant to the instructions of the Government, provided that such fees shall not exceed those customarily charged commercial ships for similar services. Fumigation/Pest Control will not be reimbursable unless prior authorization is received from the Contracting Officer Representative. The Government shall reimburse the Contractor an amount up to $150.00 per port call for postage and petty expenses in various ports outside of the continental United States.

1.1.13 Helicopter Operations. At the Government’s direction, aboard air-capable Surge ships, the Contractor shall meet all requirements to acquire and maintain the Aviation Facilities Certification for FOS and shall operate, maintain and man the ship helicopter flight deck in accordance with the NAVAIR 00-08R-14 and all other applicable Navy, NAVAIR and MSC instructions for day and night helicopter operations. During periods where the Government has directed the Contractor to support helicopter operations, the Contractor will be obligated to provide fully trained crew members joining the ship, to include a Helicopter Control Officer (HCO) and Landing Signal Person (LSE) and a ten-man helo firefighting (Helo FF) team in flight deck operations. The additional costs of training in support of this requirement (i.e., HCO, LSE, Helo FF) will be reimbursable in accordance with Section G-7

1.1.14 Mail. The ships will be assigned Navy Fleet Post Office (FPO) addresses, and forwarding services. Mail forwarding services will be provided by the Government through the appropriate Government Joint Military Postal Activity and the U.S. Postal Service in accordance with COMSCINST 3121.9 Series. The Contractor shall ensure each ship transmits via Navy message an updated Mail Routing Information (MRI) message and a Cargo Routing or Fleet Freight Forwarding Information message to allow mailings to be properly forwarded. See Section 15.22 of the ROCON Technical Manual for additional instructions on properly informing DOD mail and cargo forwarding services of the ship location. The Contractor shall pickup, deliver and/or forward any correspondence and parcels with respect to this contract on a daily basis.

1.1.15 Ship’s Operations

1.1.15.1 General. The Contractor shall operate the ships and related ship systems and equipment in accordance with United States Coast Guard (USCG) and the American Bureau of Shipping (ABS) rules and regulations. Operations will include roll-on/roll-off and lift-on/lift-off operations pier side or offshore as part of Logistics-Over-The-Shore (LOTS). Underway operations may vary from routine transits to participation as a member of a naval task force. The Contractor shall operate the ships to support all MSC and Navy requirements, and in accordance with the USCG regulations, which apply to the operation of these ships, unless, exempted. The Contractor shall maintain each ship in good working order and condition.

1.1.15.1.1 Sovereign Immunity. The Master, while performing ship operations, shall advise foreign authorities that each USNS vessel under this contract is a sovereign immune vessel of the United States. These privileges 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. The Contractor shall observe all guidelines found in ALMSC 020/06 and ALMSC 026/09- Sovereign Immunity Guidelines for MSC Masters, which they will receive upon award.

1.1.15.1.2 Foreign Law Enforcement. Masters shall refuse requests from foreign authorities for documents, physical evidence, and 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.

1.1.15.1.3 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 will 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.

1.1.15.2 Ships in ROS. Until ordered otherwise, the ships will remain in five-day Reduced Operational Status, as directed by the MSC, referred to as "ROS-5". The Contractor shall maintain the ships in a degree of readiness that will enable the Contractor to make the ship ready for sea and achieve FOS in a period of time not to exceed 120hours. The Contractor will be directed to transition the ship from ROS to FOS as described in Section C-1.1.15.4.1. Repairs deemed necessary during this time shall be done with the approval of the Contracting Officer only.

During ROS-5, the Contractor shall:

1.1.15.2.1. Advise ROS crew members that duties aboard a ROS ship may differ significantly from standard mariner operations. Although officers in FOS have large administrative workloads, ROS status requires “hands-on” duties that may not normally be associated with sea going (FOS) ships. ROS crews will be expected to comply with, but will not be limited to these general guidelines:

1.1.15.2.2. General care and custody of the ship, including tending mooring arrangements and shore power cables, when fitted

1.1.15.2.3. Develop familiarity with shipboard equipment and systems

1.1.15.2.4. Operate, maintain and repair as necessary shipboard equipment and systems, including all associated documentation

1.1.15.2.5. Perform all maintenance described in Section C-2 and all maintenance listed in the Shipboard Automated Maintenance Module (SAMM), except those tasks specifically delineated as Government responsibilities (see Section 06 of the ROCON Technical Manual). In this context maintenance includes regulatory body inspections, manufacturer's tests, corrective maintenance and repairs.

1.1.15.2.6. Comply with applicable Federal rules and regulations as may pertain to ships in ROS

1.1.15.2.7. Be available and participate in inspections, audits and status checks as may be required by this contract and associated with ROS ships

1.1.15.2.8. Inform/report on status of ships systems or equipment which may require additional repairs or upgrades

1.1.15.2.9. Provide onboard a ROS crew familiar with the ship's operating systems. The crew assigned to the ships when transition to FOS is ordered by the Government will remain onboard until the prescribed level of FOS manning is met. The FOS crew shall possess the requisite licensing, certifications, and other required training prior to assignment to the vessel. Additionally, they shall be familiar with the unique maintenance and operations of the assigned ROCON.

1.1.15.2.10. Provide for ship safety and security as described in COMSCINST 5530.3 Series and COMSCINST 3121.9 Series.

1.1.15.2.11. Maintain all logs, charts, records and reports listed in Section 03 of the ROCON Technical Manual.

1.1.15.2.12. Ship Smartness. The Contractor shall maintain the entire ship in a material condition that is consistent with and conforms to MSC's Standards of Appearance as specified by COMSCINST 3120.16 Series and Section 06.6 of the ROCON Technical Manual, except that the Contractor’s obligation in this regard shall not cause the Contractor to exceed the budget and prioritization parameters set forth under the Maintenance and Repair Budget & Prioritization Schedule (Section 06.7 of the ROCON Technical Manual). The Contractor shall institute a continuous program of ship cleanliness, preservation and maintenance as set forth in Section C-2, Section 06 of the ROCON Technical Manual, and COMSCINST 3120.16 Series. The COR will periodically conduct inspections to ensure ship smartness is being maintained to the maximum extent possible within the budget and prioritization parameters (Section 06.7 of The ROCON Technical Manual). During exercises it may be difficult to maintain the standard set forth in this Section; however, once the ship arrives at the layberth, the Contractor shall ensure the ship's appearance is brought back to these standards within thirty (30) days.

1.1.15.2.13. Work Rules for Unique ROS positions. Contractors shall advise ROS crewmembers that many shipboard duties and responsibilities do not fall under standard seafaring conditions. Due to size and composition of ROS maintenance crew, there will be times when ship personnel shall be expected to cross normal departmental boundaries for work related to safety, security and habitability of the ship. Such work will include, but shall not be limited to:

1. Secure ship in prevailing weather conditions

1. Keep watch on and adjust gangway or double up mooring lines

1. Take on and stow ship stores/parts

1. Operate equipment for storing/testing

1. Housekeeping such as maintaining cleanliness and sanitation

1. Being prepared to participate as part of familiarization or sailing crew

1.1.15.3 Ships Transitioning from ROS to FOS. FOS will be ordered by COMSC (including the PM3 Surge Project Officer, the COR, or the Staff Duty Officer (SDO)) and/or the cognizant MSC Area Command. The movement of the ships while in FOS will be normally directed by the cognizant MSC Area Commander or another operational commander.

1.1.15.4 Transition Period. During the transition period, the newly assigned crewmembers will be properly indoctrinated by the Contractor concerning the ships' operation and mission as specified in Section C-1. The Contractor shall ensure that consumable stores and provisions sufficient for the intended voyage are onboard the ships. When directed by the Government (COMSCINST 3121.9 Series), the Contractor shall arrange for bunkers. The ships shall be prepared to get underway by the Contractor in order to depart their layberths at the end of the 120-hour period. The ships will then proceed to the ports of embarkation in order to complete the load out of cargo and equipment. During the transition period (ROS or RAV to FOS) the Contractor will continue to receive the contracted ROS or RAV per diem rate, whichever applies until FOS is achieved. The cost to transition from ROS-5 to FOS and return and from ROS-5 to RAV and return will be reimbursed. Properly includable transition costs include, but are not limited to, additional crew wages, crew transportation costs, messing and berthing, and other costs (e.g. fuel, tugs, pilots, etc.).

1.1.15.4.1 Transition Plan. The Contractor shall prepare a detailed transition plan for each potential ROS to FOS transition based on Section 21 of the ROCON Technical Manual (Checklist for Transition from ROS to FOS) for approval at the start of performance under this contract. The Contractor shall maintain the transition plan and shall provide copies, updates, and changes to the Government COR. The transition plan shall incorporate the requirements of Section 21 of the ROCON Technical Manual to ensure that the ships will be fully ready for sea at the end of the 120-hour transition period. Completed checklists will be made available to the COR for use in determining that FOS has been attained. The Contractor shall submit to the COR a crew list of all positions manned during ROS indicating whether the positions are being filled with permanent or replacement personnel.

1.1.15.5 Ships in Full Operating Status (FOS). The Contractor shall operate each ship in FOS in a safe and professional manner, and sail with a full crew. The Contractor is responsible for complying with operational schedules and other such mission tasking issued by COMSC or the operational commander (normally the appropriate MSC Area Command). The Contractor shall maintain each ship and its installed equipment in good working order and accomplish alterations that do not exceed $150,000 as authorized by the COR, provided that funding is available in the Contractor’s Maintenance and Repair budget. Alterations with a value of $150,000 or more, or that require additional funding, shall be submitted to the Contracting Officer for approval. During FOS, the MSC Area Commander or another operational commander may provide the ships with specific courses/speeds, restricted zone routings or similar information for the safety of the ships based on intelligence reports or other information not readily available to the ship. If the Contractor is unable to comply with these orders because the Master determines it jeopardizes the safety of the ship, the Master must advise the operational commander within one hour, by immediate precedence message, of the Contractor's intended actions and reasons for not accepting the direction. The Master shall enforce all laws of the United States and all applicable rules and regulations of the USCG and Military Sealift Command. In case of emergency, nothing in this contract shall be construed as preventing the Master from taking the most effective action to safeguard life, property and the ship. The Master will have authority to abort operations temporarily on the basis of clear and present danger to life at sea. The Master shall inform the Operational Commander with an information copy to COMSC and the cognizant MSC Area Commander as soon as practicable after exercising this authority.

1.1.15.6 Standard Operating Manual (SOM), The SOM, COMSCINST 3121.9 Series, is the primary MSC instruction that addresses the unique mission of the MSC fleet and is applicable to the subject ships. It provides policies and procedures pertaining to the operation and administration of the MSC fleet and provides a guide to other more definitive instructions. Masters shall be familiar with the instruction’s content. In cases where the SOM and this contract conflict, provisions of this contract shall take precedence.

1.1.15.7 Emergency Sorties. Emergency sorties may be required to avoid severe or dangerous weather such as hurricanes or at any time the Government determines such a sortie is appropriate. The Contractor will comply with U.S. Coast Guard guidance regarding the manning of the vessel during emergency sorties. It is not intended that a ship will be able to work cargo or otherwise be fully mission ready upon emergency sortie. If necessary, the Contractor shall obtain a permit to proceed from the cognizant USCG authority (e.g. Captain of the Port (COTP) or Officer in Charge (OIC) of Marine Inspection (OCMI)). Emergency sorties shall be performed at the discretion of the Government and as directed by the cognizant MSC Area Command.

1.1.15.7.1 Emergency Sortie Costs. Emergency sorties will be conducted within the ROS-5 or RAV per diem. The Contractor will not be entitled to FOS per diem until such time the ship is underway, at which time FOS per diem will be paid, less any crew deductions for less than full FOS manning. The Government shall reimburse the Contractor for additional personnel costs which are incurred as a result of having to hire crew members in excess of the number of crew members set forth in the Contract for ROS-5 or RAV. The Contractor will be reimbursed these additional personnel costs, including travel expenses, if reasonable and if actually incurred during the emergency sortie. In no event shall the Contractor be reimbursed for indirect costs, overhead or profit associated with emergency sortie costs.

1.1.15.7.2 Sortie with FOS. If the Contractor obtains sufficient crew and is directed by the COR to transition to FOS prior to sortie so as to continue on to a mission or conduct a full sea trial, then only FOS per diem will be paid.

1.1.15.8 Sea Trials. Sea Trials are conducted to assess ship's operational readiness, determine operating condition of all machinery, equipment and systems, and to train crewmembers (Section 28 of the ROCON Technical Manual). Sea trials will be conducted in accordance with a schedule established by the COR as directed and approved by the Surge Project Office, and shall take place approximately every 30 months in ROS-5.

1.1.15.9 Reports. Operational reporting requirements are contained in, but not necessarily limited to those listed in of COMSCINST 3121.9 Series, and Section 03 of the ROCON Technical Manual.

0. Weekly Ship Status Report. Each Contractor shall submit a weekly summary to PM3 by email containing each ship’s status addressing the following:

· Key Billet Names and proposed turnover dates

· Status/Schedule

· Fuel State

· Info on significant CASREPs

· Repairs scheduled.

· Significant issues

· Upcoming events:

· SAAR-N status of crew

1.1.15.10 Casualty Reporting. The Contractor shall report to COMSC (including the SDO, the Contracting Officer, Surge Project Office, and the COR ) and the Operational Commander all casualties to shipboard equipment, machinery, and ship's hull and shall report any change in status of their correction in accordance with the requirements of COMSCINST 3121.9 Series and format of NWP 1-03.1. Casualties shall be reported in a series of Casualty Reports (CASREPs):“CASUALTY/INITIAL,” CASUALTY/ UPDATE,” and “CASUALTY/CORRECT.” Each report shall also be reflected in the “Defense Readiness Reporting System-Navy (DRRS-N).

1.1.15.11 Reporting of Marine Casualties. The Contractor shall inform the USCG, COMSC PM3 and the COR of all accidents or occurrences resulting in damage by or to the ship, gear or cargo, or injury, or loss of life. This includes among other things, collisions, strandings, groundings, founderings, heavy weather damage, fires, explosions, failure of gear and equipment, and any other damage that might affect or impair the seaworthiness of the ship. The initial report shall be by either a CASREP or UNIT Situation Report (SITREP) as required by COMSCINST 3121.9 Series. UNIT SITREP is formatted IAW OPNAVINST 3100.6G (FOUO). The Contractor shall inform the U. S. Coast Guard of such casualties in accordance with USCG regulations (USCG form 2692).

1.1.15.12 Marine Casualty Investigations. The current MSC/USCG Memorandum of Agreement requires the Contractor to report all marine casualties in accordance with 46 CFR 97. The Coast Guard shall investigate all casualties meeting these reporting requirements. The Contractor shall provide the Contracting Officer, COR, and ABS with a Casualty Investigation Report that shall include all correspondence to and from the USCG regarding any marine casualty investigation.

1.1.15.13 Waste Disposal. When disposing of plastic and garbage wastes, the Contractor shall comply with OPNAV Instruction 5090.1 Series regarding environmental compliance afloat, COMSCINST 5090.2 Series, applicable provisions of the Act to Prevent Pollution from Ships, 33 U.S.C. § 1901 et seq., and Annex V of the International Convention for Prevention of Pollution from Ships (MARPOL 73/78).

1.1.15.14 Ships in Repair Availability (RAV) Status. During regular overhaul, dry docking or midterm availabilities, or during any period when the ship is undergoing alterations for the Government's account, the ship will be considered to be in Repair Availability (RAV) Status in accordance with the provisions of Section F-5(d). The Contractor shall accomplish preventative maintenance as required by SAMM; monitor repairs and alterations; and provide for required in-port security.

1.1.15.14.1 RAV Minimum and Additional Crew. During RAV, the Contractor shall maintain crew at the minimum level specified at Section 19 of the Technical Manual. The Contractor shall be responsible for all wages, housing, subsistence, local transportation, and other incidental costs related to the retention of these crewmembers.