N62387-15-R-5301.docx

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

Days

USNS WHEAT PER DIEM - BASE PERIOD

NET AMT

USNS WHEAT REIMBURSABLES - BASE PERIOD

ESTIMATED COST

BASE PERIOD DATA AND REPORTS

Not Separately Priced. Includes all data and reports required for the applicable contract period by Section C of the Contract and Section 2 of the ROCON Technical Manual (Attachment A).

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Each

Dock Trials - All Ships - Base Period

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Days

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ESTIMATED COST

Days

NET AMT

ESTIMATED COST

Days

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ESTIMATED COST

Days

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ESTIMATED COST

Days

NET AMT

ESTIMATED COST

FFP

Not Separately Priced. Includes all data and reports required for the applicable contract period by Section C of the Contract and Section 2 of the ROCON Technical Manual (Attachment A).

NET AMT

Each

NET AMT

Days

NET AMT

ESTIMATED COST

Days

NET AMT

ESTIMATED COST

Days

NET AMT

ESTIMATED COST

Days

NET AMT

ESTIMATED COST

Days

NET AMT

ESTIMATED COST

FFP

Not Separately Priced. Includes all data and reports required for the applicable contract period by Section C of the Contract and Section 2 of the ROCON Technical Manual (Attachment A).

NET AMT

Each

NET AMT

Days

NET AMT

ESTIMATED COST

Days

NET AMT

ESTIMATED COST

Days

NET AMT

ESTIMATED COST

Days

NET AMT

ESTIMATED COST

Days

NET AMT

ESTIMATED COST

FFP

Not Separately Priced. Includes all data and reports required for the applicable contract period by Section C of the Contract and Section 2 of the ROCON Technical Manual (Attachment A).

NET AMT

Each

NET AMT

Days

NET AMT

ESTIMATED COST

Days

NET AMT

ESTIMATED COST

Days

NET AMT

ESTIMATED COST

Days

NET AMT

ESTIMATED COST

Days

NET AMT

ESTIMATED COST

FFP

Not Separately Priced. Includes all data and reports required for the applicable contract period by Section C of the Contract and Section 2 of the ROCON Technical Manual (Attachment A).

NET AMT

Each

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 Attachment G. 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 hazardous cargoes (including explosives, ammunition) vehicular cargoes, bulk cargoes, and general cargoes. Said payments do not include 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 operating tempo 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.

3.0 RESERVED.

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.

5.0 Estimates. All quantities are estimates unless specifically guaranteed.

6.0 CLIN Structure. Two CLINs (per diem and reimbursable) will be provided for each ship for each applicable contract period. Priced subCLINs will address per diem rates and specific reimbursable expenditure types. Additionally, two CLINs (Dock Trials and Data/Reports) will be provided for each contract period. CLIN Structure is subject to change at the discretion of the Government.

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). The ROS per diem rates provided under this contract shall be payable at the applicable, fully burdened rate stipulated in Attachment G. The ROS rates shall include all ROS 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 per diem rate for ROS will include direct costs (wages and fringes for crew plus remaining unlicensed crewmembers , insurance, and other itemized ship expenses), indirect costs/G&A (not otherwise included in direct costs), profit, and travel (including lodging, meals and incidental expenses).

9.0 Repair Availability (RAV). The RAV per diem rate provided under this contract shall be payable at the applicable, fully burdened rate stipulated in Attachment G. The RAV rate shall include 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. The per diem rate for RAV will include direct costs (wages and fringes for crew plus remaining unlicensed crewmembers , insurance, and other itemized ship expenses), indirect costs/G&A (not otherwise included in direct costs), profit, and travel (including lodging, meals and incidental expenses).

10.0 Full Operating Status (FOS). The FOS per diem rate provided under this contract shall be payable at the applicable, fully burdened rate stipulated in Attachment G. The FOS rate shall include all FOS 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 per diem rate for FOS will include direct costs (wages and fringes for crew plus remaining unlicensed crewmembers, insurance, and other itemized ship expenses), indirect costs/G&A (not otherwise included in direct costs), profit, and travel (including lodging, meals and incidental expenses).

11.0 Reimbursable Services. The following are reimbursable type expenses authorized by the contract. Reimbursable expenses are reimbursable at cost only and reflect actual costs.

TABLE OF EXPENDITURE TYPES

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. With prior written notice from the Contracting Officer, 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. The Contractor will be responsible for managing any resultant subcontract, and consideration to the Contractor for providing layberth services will be negotiated prior to subcontract award.

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) and the Safety Management System (SMS) are 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 or SMS, Section C shall take precedence. In the event the Technical Manual conflicts with the SOM and SMS Instructions, the Technical Manual shall take precedence over the SOM and SMS instructions. In the unlikely event of a conflict between the SOM and SMS instructions, the Contractor shall contact the Contracting Officer for clarification.

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) or reduced operating status thirty (ROS-30) 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). ROS-30 requires that the ships be maintained in such a condition that upon notification to transition to FOS they will be fully operational within thirty days (720 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 or ROS-30. 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.

1.1.3.1 ROS Status. Although, a reduced operating status other than ROS-5 or ROS-30 is not anticipated, the Government reserves the right to designate an alternate reduced operating status for the ships. Should this occur, alternative ROS rates shall be negotiated in accordance with Section F-4 on a case-by-case basis prior to a ship entering the newly designated ROS, and will be based on mission-specific requirements. The Contractor will be directed to transition the operating status of the ship from ROS to FOS and back by the Contracting Officer.

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. It should not be assumed that layberth locations will remain constant for the duration of the operating contract. Layberth services may be provided at Government or commercially leased facilities. The Contractor may be directed to provide layberth services on a temporary basis (up to 180 days) or for an extended period of time (more than 180 days). If the Contractor provides layberth services on a temporary basis, the layberth daily rate as well as the services on the bulleted list below will be reimbursed. If the Contractor provides layberth services for an extended period of time, the services listed below will be reimbursed, but fixed-price layberth daily rates will be negotiated prior to subcontract award.

1. Electricity

1. Potable water

1. Telephone connections (the ship Operator is required to contract for and pay for monthly service and telephone charges for the ships)

1. Garbage collection

1. Pier side fire hydrants with 1500 GPM capability at 100 PSI pressure or local firefighting services within 15 minutes of the berth

1. Steam service (as required)

1. Sewage Disposal Service, where required by regulation

1.1.5.1 Berthing and Shore Services. When in FOS or ROS, at the layberth or in other ports, the Contractor shall arrange for berthing and shore services, as directed by the Contracting Officer. Shore services include, but are not limited to, potable water, shore steam, shore electrical power, trash and garbage removal, oily waste removal, sewage removal, and line handlers. The Government will reimburse the Contractor for the cost of these berthing and shore services.

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. In addition, at any time during the life of the contract, any or all of the ships may be placed in ROS-30 status upon direction from the Contracting Officer.

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. The Contractor hereby assumes all risks for increased costs associated with any change in anticipated operating tempo of the ships, whether or not such anticipated operating tempo is a result of representations made by the Government herein or elsewhere.

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 48 hours or less 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 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. 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 RESERVED.

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 or thirty-day Reduced Operational Status, as directed by the MSC, referred to as "ROS-5" or “ROS-30”, respectively. 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 120 or 720 hours, depending on the status. The Contractor will be directed to transition the ship from ROS to FOS as described in Section 1.1.15.4.1. During ROS-30, it is anticipated that most maintenance that a ship’s crew would normally accomplish will not be completed, and the ships ABS classification will be suspended. 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 6 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 6.6 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 6.6 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 6 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 6.6 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 or 720-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 or ROS-30 to FOS and return and from ROS-5 or ROS-30 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 (ROS-5 to FOS and ROS-30 to FOS) 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 or 720-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 as authorized by the COR. 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/ROS-30/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, ROS-30, 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.

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-4(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. If crewmembers in addition to these are required for special shipyard work or evolutions, the Contractor shall submit a request to the Contracting Officer with full justification for their retention. This request shall be submitted at least nine (9) calendar days prior to the start of the availability. The Government will reimburse the direct expenses of approved additional crewmembers. These direct expenses are total crew wages, including fringe benefits and payroll taxes, subsistence, local transportation costs and any extraordinary direct expense incurred with the Contracting Officer's prior approval. The Contractor shall exercise prudent judgment to minimize all such direct expenses and shall request the Contracting Officer's prior approval of any action affecting such costs.

1.1.15.14.2 Deferment of Availabilities. Under certain circumstances it may be possible to defer availabilities. In order to effect a deferral, the Contractor must make a request to the Contracting Officer at least 100 days prior to the scheduled repair availability with documentation to establish the satisfactory condition of the ship.

1.1.16 CARGO

1.1.16.1 Cargo Composition. The ships shall be used to carry cargo including, but not limited to, DOD unit equipment, personnel, ISO containers, and vehicles for support of U.S. Military forces to enhance rapid deployment or in other transportation or prepositioning services as directed by the Government.

1.1.16.2 Hazardous Cargo. The Government (except as to matters affecting the stability and seaworthiness of the ships) shall be responsible for proper loading, stowage, maintenance and discharge of goods of a flammable, explosive or dangerous nature, and shall comply with all applicable regulations and furnish any necessary fittings.

1.1.16.3 Waivers, Exemptions and Permits. The Government will obtain all necessary USCG waivers, exemptions and permits with regard to the cargo.

1.1.16.4 Receipt for Cargo. If required, the Government shall prepare a manifest that shall list the cargo loaded on the ship. The Master shall sign this manifest in acknowledgment of the receipt of cargo said to have been loaded by the Government without responsibility as to quantities, mixture, mark, number of vehicles, packages, weights, etc., or the apparent condition of the cargo, it being understood that it is the Government's responsibility to tally the cargo and to check the condition thereof upon loading and discharging. Any receipt signed by or on behalf of the Master or agent(s) appointed by the Contractor shall be without prejudice to the terms and conditions and exceptions of this Contract and subject to all of them. Notwithstanding this statement, it is the Master's responsibility to examine furnished names, especially a hazardous cargo manifest and to insert the correction when found deficient.

1.1.16.5 Master's Supervision Responsibility. The Master, under USCG regulations, is responsible for the safety of the crew and the ship, and, therefore, has a responsibility to ensure that cargo operations are conducted in accordance with those regulations. Cargo shall be loaded, stowed, trimmed, secured and discharged by the Government under the Master's supervision; the Master shall be responsible for such activity as it pertains to the safety and seaworthiness of the ship.

1.1.16.6 Lost/Damaged Cargo. The Contractor shall generally not be liable for the cost of repairing or replacing cargo that is damaged or lost. However, the Contractor is not relieved of other liability, obligations or consequences, if any, imposed by other clauses of this Contract, as listed in Section I, if the cargo is lost or damaged due to the Contractor's failure to properly perform its obligations under this Contract or due to Contractor’s negligence.

1.1.16.7 Preparation for Cargo Operations – Cranes and Ramps. In preparing a ship for commencement of cargo operation, only qualified crewmembers will operate ship's cranes to position ramps and platforms, to lift/set hatch covers, and lower position ramps. Any overtime required for these functions is for the account of the Contractor.

1.1.17 Cargo Handling Equipment:

1.1.17.1 Cranes and Stern Ramps. The Contractor shall operate and maintain the installed cranes, stern ramps and gantry cranes in appropriate ABS class and ensure safe operating conditions and peak efficiency. Cranes shall be operated and maintained in accordance with ABS Cargo Registry requirements.

1.1.17.2 Material Handling Equipment (MHE). The Contractor shall operate and maintain the MHE such as forklifts, container lift trucks and man lifts in accordance with the manufacturer's instructions and safety guidelines.

1.1.17.3 Exposed Hydraulic Hoses. All stern ramp, crane, gantry, and other hydraulic hoses that are in close proximity to shipside and are exposed to the environment, and whose failure could lead to the discharge of oil into the water, shall be replaced every overhaul maintenance cycle. Apparent integrity of these specific hoses shall not preclude their replacement.

1.1.18 Loading and Discharging

1.1.18.1 Safe Berth. The cargo or cargoes shall be laden and discharged at any dock or any wharf, place or open roadstead that the Government may direct, provided the ship can lie always safely afloat at any time of tide.