Conformed_RFP_(Amnd_0004).docx

N62387-15-R-5415

N62387-15-R-5415

Section A - Solicitation/Contract Form

SECTION A

RFP

UNDER FAR PART 15

PREAMBLE

1. This Request for Proposals (RFP) is a solicitation for offers to perform a Charter Party (the “contract” or “Charter”) in accordance with the terms and conditions herein.

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

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

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

Section B - Supplies or Services and Prices

CHARTER HIRE - FIRM PERIOD

FFP

FOB: Destination

NET AMT

REIMBURSABLES - FIRM PERIOD

COST

ESTIMATED COST

NET AMT

ESTIMATED COST

NET AMT

ESTIMATED COST

NET AMT

ESTIMATED COST

NET AMT

ESTIMATED COST

B-1 CHARTER BOXES

Vessel:

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

CHARTER BOXES

Solicitation Number (date):

N62387-15-R-5413 Contract Number (date):

US Gulf/East Coast; port in CHOP

3. Place/Range of Redelivery:

US Gulf/East Coast; port in CHOP

4. Charter Period

59 months total with base and all option periods. Base period of 12-months with three 12-month option periods and one 11-month option period.

5. Lay Days:

Commencing: 01 October 2015 Ending: 31 December 2015

To be narrowed bilaterally to a 5-day window 60 days prior to delivery to MSC.

6. Terms/Conditions/Attachments added, deleted or modified:

9. Amendments Acknowledged (amendment numbers and dates):

10. Owner:

(style, address, phone, cell phone, pager, e-mail, fax)

11. Broker (address, phone, e-mail, fax):

12. Remittance Address for Hire (if other than Box 11)

PRICING DATA:

Daily Charter Hire

VESSEL

BOX NOS., VESSEL STATUS, AND EXPENDITURE TYPES

13. FOS

2521K

16. Reserved.

17. Other costs

VESSEL DATA:

20. Reserved

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

32. Beam (extreme)

a. ft: b. m:

34. Immersion (on draft in Box 36):

a. ft: b. m:.

36. Summer mean draft:

a. LT: b. t:.

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

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

39. Summer Load Line Freeboard:

a. ft: b. m:.

40. Shaft Horsepower:

a. hp: b. kW:

44. Classification society entered and class assigned:

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

50. MarAd subsidized vessel? _____Yes _____No

51. Oil-pollution liability P&I coverage (maximum USD):

52. Member of ITOPF? _____Yes _____No

CARGO ARRANGEMENTS:

55. Number of grades of cargo that can be loaded/discharged simultaneously, using separate lines, pumps, and manifold connections:

56. Cargo cubic capacity (98% full ex slop tanks)

a. Bbls: b. m3:

57. Segregated clean ballast tank cubic capacity (98% full)

a. Bbls: b.. m3:

58. Slop tank capacity (98% full)

a. Bbls: b. m3:

59. List cargo tanks , coating type for each tank, and date of each coating:

SYSTEM DESCRIPTION (bbls and/or m3) (Identify cargo, ballast, and slop tanks) 60.

61. Manufacturer/type/designation of tank coating(s):

64. Distance, bow to center manifold:

a. ft.: b. m:

65. Distance, stern to center manifold:

a. ft.: b. m:

66. Distance, rail to center manifold:

a. ft.: b. m:

67. Distance, deck to center manifold:

a. ft.: b. m:

70. Heating coils/composition (describe):

71. Inert gas system (describe):

72. Vapor recovery system (describe):

PUMPS

73. Number and type of cargo pumps:

74. Capacity of cargo pumps (at 100 psi at manifold):

a. Bbls per hour: b. m3 per hour:

75. Number and type of stripping pumps:

76. Capacity of stripping pumps (at 100 psi at manifold):

a. Bbls: b. m3:

GEAR

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

MOORING ARRANGEMENTS

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

79. Number, length, and diameter of wires:

80. Breaking strength of wires:

81. Number, length, diameter of mooring ropes:

82. Breaking strength of mooring ropes:

CASUALTIES/DEFICIENCIES

83. Has Vessel been involved in any serious grounding, collusion or within a period of three years from the submission date of this proposal? If yes, include a full description.

84. Has Vessel been involved in any pollution incident within a period of five years from the submission date of this proposal? If yes, include a full description.

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

INSPECTIONS

86. List oil company vetting inspections conducted during the past year and date of expiration.

FUEL CONSUMPTION AT VARIABLE SPEEDS:

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

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

89. Average fuel consumption (net Barrels per day and grade(s)) for laden, moderate weather passage at speed identified in Box 87:

Fuel Warranted Fuel Consumption Fuel Warranted Fuel Consumption

IFO-180 DFM

IFO-380 MGO

F76

90. Average fuel consumption (net Barrels per day and grade(s)) for ballast, moderate weather passage at speed identified in Box 88:

Fuel Warranted Fuel Consumption Fuel Warranted Fuel Consumption

IFO-180 DFM

IFO-380 MGO

F76

91. Auxiliaries underway fuel consumption (net Barrels per day and grade(s), only if not elsewhere identified) to include 10 sets of tank cleanings per year:

Fuel Warranted Fuel Consumption Fuel Warranted Fuel Consumption

IFO-180 DFM

IFO-380 MGO

F76

92. In port period fuel consumption (net Barrels per day and grade(s)):

Fuel Warranted Fuel Consumption- Loading Discharging Maneuvering

IFO-180

IFO-380

F76

DFM

MGO

93. Average fuel consumption (net Barrels per day and grade(s) for all engines/auxiliaries utilized while underway in heavy weather (Beaufort Force 5 and above) passages at the speed, ranges, and grade(s) indicated):

Fuel Warranted Fuel Consumption Fuel Warranted Fuel Consumption

IFO-180 DFM

IFO-380 MGO

F76

94: Grades Consumed:

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96. Minimum Vessel fuel specifications:

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

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

When requesting payment of cancellation costs, the Contractor shall provide evidence satisfactory to the Contracting Officer verifying that Contractor actually incurred the specified categories of cancellation costs prior to delivery of the vessel to the Government and the amount thereof.

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

This clause does not limit the rights of the Government under the clause entitled "Default" or under the clause entitled "Termination for Convenience of the Government."

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

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

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

B-2

B-2 CHARTER HIRE

B-2.1 Hire Rates. Charter hire for services under this Charter Party shall be payable at the applicable rates stipulated in Box 13 and shall be earned at the expiration of each fifteen (15) days of the charter period. Except as otherwise provided herein, said hire rates shall be considered payment in full for all services of the Vessel and Associated Equipment under this Charter including all overtime (including but not limited to crew overtime/penalty time required for the opening and closing of hatches), penalty time, bonuses, payments, and emoluments payable to Master, Officers, and crew for services under this Charter, irrespective of the geographic scope of said service and including hazardous cargoes. Said hire rates are exclusive of the costs of fuel and port charges, which are addressed at Section H-14 (Fuel) and H-12 (Port Charges and Expenses) below, respectively, and other stevedoring costs such as loading, securing and discharging cargo, which are addressed in Section C-9 (Loading and Discharging) below.

B-2.2 Loss of Vessel. Should the Vessel be either lost or missing and presumed lost, Charterer may, at its sole discretion, terminate this Charter, in which case hire shall cease to be payable at the time of the loss or, if said time is unknown, at the time of the Vessel’s last received communication. Similarly, should the Vessel become a constructive total loss, Charterer may, at its sole discretion, terminate this Charter, in which case hire shall cease to be payable at the time of the casualty resulting in the constructive loss. The Vessel shall be considered missing and presumed lost when, after a reasonable lapse of time, it fails to reach its next scheduled port and reasonable efforts to contact it fail.

B-3 Reimbursable Services. The Contractor may be required to purchase supplies and services to support the mission of the vessel. Reimbursement shall be in accordance with Section G. The following illustrates the types of reimbursable supplies and services which the Contractor may be required to purchase if authorized by the contract or as otherwise approved for purchase by the Contracting Officer.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

C-1 DEFINITIONS AND ACRONYMS.

C-1.1 AEL – Allowance Equipage List

C-1.2 Alterations — Additions of equipment; changes to the configuration, location, type, or number of pieces of equipment or systems; changes in the arrangement and outfitting of Vessel’s structure

C-1.3 Associated Equipment — Construed to include all contractor-furnished or owned equipment necessary for performance under this Charter

C-1.4 ATO – Anti-Terrorism Officer (same as Vessel Security Officer and Force Protection Officer)

C-1.5 AT/FP – Anti-Terrorism/Force Protection

C-1.6 Bbl — Barrel (42 U.S. gallons volume measure)

C-1.7 CAGE — Commercial and Governmental Entity Code (reference DFARS 252.204-7001)

C-1.8 CBR-D – Chemical, Biological and Radiological Defense

C-1.9 CBR-DO – Chemical, Biological, and Radiological Defense Officer

C-1.10 CEC — Contractor Establishment Code

C-1.11 CFE — Contractor-furnished equipment

C-1.12 CFR – Code of Federal Regulations

C-1.13 Charter – This document when executed; interchangeable with “contract” and “Charter Party”

C-1.14 Charterer — The United States of America

C-1.15 Charter Party — This document when executed; interchangeable with “contract” and “Charter”

C-1.16 Charter Party Date — Identified in Box 28 of SF-33

C-1.17 CHOP – Charterer’s Option

C-1.18 Classification Society – Non-governmental organizations or groups of professionals, ship surveyors and representatives of offices that promote the safety and protection of the environment of ships and offshore structures.

C-1.19 CMWWD – Counter Measures Water Wash Down System. Fixed system (or temporary using fire hoses attached to steel clips welded to vertical bulkheads or other structure). Using ship’s fire main system, when activated, provides 360 degree (ideally) sea water curtain protection, mitigating the effects of CBR attacks. Also used to wash contaminants from ship’s structure after a CBR attack.

C-1.20 COMSC — Commander, Military Sealift Command

C-1.21 COMSCINST — COMSC Instruction

C-1.22 CONSOL — Also known as Underway Replenishment wherein– Cargo consolidation that is done at sea, underway where the tanker will transfer cargo fuel to a Naval Auxiliary while underway via cargo hoses sent from an oiler. This requires special fittings on the tanker to be able to receive the hose via highline.

C-1.23 Contracting Officer — Identified in G-1

C-1.24 Contractor — Interchangeable with “Owner”

C-1.25 COR – Contracting Officer’s Representative – a person authorized by and responsible to the Contracting Officer as specified in a written authorization.

C-1.26 Crew — Of the Vessel identified at Box 7

C-1.27 CSF – Consolidated Storage Facility

C-1.28 Decontamination Station – An area of the ship (near entrances from the weather decks) with features for crew decontamination

C-1.29 DLA-Energy — Defense Logistics Agency-Energy (Formally Defense Energy Support Center (DESC))

C-1.30 DFARS — Department of Defense FAR Supplement

C-1.31 DoD — Department of Defense

C-1.32 DSS – Defense Security Service

C-1.33 DWT – Deadweight

C-1.34 EDI – Electronic Data Interchange

C-1.35 EST – Embarked Security Team, normally 15-person force, U.S. Navy or other

C-1.36 FAR — Federal Acquisition Regulation

C-1.37 FCC — Federal Communications Commission

C-1.38 FOS — see “Full Operational Status”

C-1.39 Ft – foot / feet

C-1.40 Full Operational Status — Vessel manned and provisioned, all Associated Equipment operational, and Vessel prepared in all respects to perform her mission in accordance with this Charter, whether or not so ordered

C-1.41 FPCON – Force Protection Condition

C-1.42 FPCON NORMAL –This condition applies when a general global threat of possible terrorist activity exists and warrants a routine security posture. At a minimum, access control will be conducted at all DoD installations and facilities.

C-1.43 FPCON ALPHA – This condition is declared as a general warning of possible terrorist activity, the nature and extent of which is unpredictable, when the circumstances do not justify full implementation of the measures of FPCON BRAVO. However, it may be necessary to implement selected measures from FPCON BRAVO. The measures in this FPCON must be capable of being maintained indefinitely.

C-1.44 FPCON BRAVO – This condition is declared when there is an increased and more predictable threat of terrorist activity even though no particular target is identified. The measures of this FPCON must be capable of being maintained for weeks without causing undue hardship, without affecting operational capability and without aggravating relations with local authorities.

C-1.45 FPCON CHARLIE – This condition is declared when an incident occurs or when intelligence is received indicating that some form of terrorist action against installations or personnel is imminent. Implementation of this measure for more than short periods will probably create hardship and will affect peacetime activities of the installation and its personnel.

C-1.46 FPCON DELTA – This condition is declared when a terrorist attack has occurred or when intelligence has been received that terrorist action against a specific location is likely. Normally this FPCON is declared as a localized warning.

C-1.47 FP Officer (FPO) – Same as Vessel Safety Officer/VSO and Anti-Terrorism Officer/ATO.

C-1.48 GFE – Government Furnished Equipment

C-1.49 GFM – Government Furnished Material

C-1.50 GFP — Government-furnished property (see FAR 52.245-1 below)

C-1.51 GMDSS – Global Maritime Distress and Safety System – A system for automatic distress communications required by SOLAS Chapter IV.

C-1.52 Government — The United States of America; interchangeable with “Charterer”

C-1.53 Government Personnel or Government Sponsored Personnel — All embarked personnel not employed by the Owner, including military personnel and Government-employed civilians

C-1.54 Government Designated Representative — Including, but not limited to, force protection personnel, military, government employees, and government contractors

C-1.55 HAZMAT – Hazardous Material

C-1.56 Heavy Weather — Conditions of gust winds of Beaufort Force 5 and above

C-1.57 hp — horsepower [1 hp equals 0.745799 kW]

C-1.58 Idle – Inport at anchor and/or alongside berth loading cargo (no cargo pumps workings)

C-1.59 IMO – International Maritime Organization, a UN regulatory body that issues SOLAS rules from its Maritime Safety Committee

C-1.60 INMARSAT – International Maritime Satellite

C-1.61 ISO – International Organization for Standardization, an international-standard-setting body composed of representatives from various national standards organizations

C-1.62 ITOPF — International Tanker Owners Pollution Federation Limited

C-1.63 km — kilometers

C-1.64 kW — kilowatts [1 kW equals 1.34 horsepower (hp)]

C-1.65 LT — Long Ton (2,240 pounds weight)

C-1.66 LOA – Length Overall

C-1.67 m — meter

C-1.68 m3 — cubic meter

C-1.69 Master — Of the Vessel identified in Box 7

C-1.70 Moderate Weather – Conditions up to sustained winds of Beaufort Force 5 (any day during which sustained winds of Beaufort Force 5 or above are encountered for more than six hours shall not be considered a “moderate-weather” day for purposes of fuel or speed warranties made under this Charter)

C-1.71 MSC — Military Sealift Command

C-1.72 MSC Norfolk – Military Sealift Command Norfolk

C-1.73 MSCDC –Military Sealift Command D.C.

C-1.74 NMCARS — Navy Marine Corps Acquisition Regulation Supplement

C-1.75 NM — Nautical Miles

C-1.76 OCIMF — Oil Company International Marine Forum

C-1.77 Owner — That entity or entities exercising commercial control of the Vessel identified in Box 7; interchangeable with “Contractor” and “offeror” and to include the disponent Owners and all the ship owner’s and the disponent Owner’s agents, employees, independent contractors, Master, Officers, and crew

C-1.78 P&I — Marine protection and indemnity insurance

C-1.79 Paying Office — Identified in Box 25 of SF 33

C-1.80 Performance Speed — Derived by dividing the total hours at sea on any given sea passage (as shown in the Vessel’s log) — after excluding any hours of non-moderate weather and any sea passage covered by an off-hire calculation – into the total miles at sea on the given sea passage.

C-1.81 Place — Any berth, dock, anchorage, submarine line, alongside any Vessel or lighter or any other place whatsoever to which Charterer is entitled to direct the Vessel hereunder

C-1.82 Psi — pounds per square inch (pressure measure)

C-1.83 QAR/QR – DLA-E Quality Assurance Representative. Person who inspects ship cargo spaces for suitability to carry cargo and cargo for compliance with DoD quality specifications.

C-1.84 Readiness — See Section H-7 below

C-1.85 RFP — Request for Proposals; interchangeable with solicitation

C-1.86 RSDL – Reactive Skin Decon Lotion

C-1.87 SDWT — Deadweight capacity, to assigned summer mean draft

C-1.88 Ship fill Allowance — The allowance of ammunition for the ships permanently installed armament. Ship fill ammunition does not include ammunition held for issue to other activities.

C-1.89 SIRE — Ship Inspection Reporting System — Database of ship OCIMF vetting inspections

C-1.90 SOA – Speed of Advance

C-1.91 SOLAS – The International Convention for Safety of Life at Sea, as amended. An international treaty issued by the Maritime Safety Committee of IMO which covers a wide range of measures designed to improve the safety of shipping.

C-1.92 SWL — Safe Working Load

C-1.93 TEU — Twenty-foot equivalent unit (container volume measure)

C-1.94 TIN — Taxpayer Identification Number (see FAR 52.204-3 below)

C-1.95 USCG — United States Coast Guard

C-1.96 Vessel — Identified at Box 7. If multiple vessels are identified in Box 7, the occurrence of the term “vessel” throughout this Charter Party and any attachments thereto shall be interpreted to apply to each vessel individually, unless otherwise specified.

C-1.97 VSO – Vessel Security Officer (same as ATO/Anti-Terrorism Officer and Force Protection Officer/FPO)

C-1.98 WOG — Without guaranty

C-2 MISSION.

C-2.1 Mission. The Vessel will be employed primarily in support the Department of Defense, Logistics Agency Energy (DoD/DLA-Energy) in the worldwide transportation of petroleum products. The Vessel will primarily be expected to operate in, but not limited to, the US East Coast/Gulf Coast region.

C-2.2 RESERVED.

C-2.3 Place/Range of Delivery. U.S. EAST COAST/ GULF COAST CHARTERER’S OPTION.

C-2.4 Place/Range of Redelivery. U.S. EAST COAST/ GULF COAST CHARTERER’S OPTION.

C-2.5 Charter Period. 59 months total with base and all option periods. Base period of 12-months with three (3) 12-month option periods and one (1) 11-month option period.

C-2.6 Lay days. 01 October 2015 - 30 December 2015, to be narrowed bilaterally to a 5-day window 60 days prior to delivery to MSC.

C-3 VESSEL REQUIREMENTS.

C-3.1 Vessel Specifications/Capability.

A. One clean, double hull tanker or ATB/ITB with Inert Gas System (IGS) and Segregated Ballast Tanks (SBT) that is capable of carrying 190,000 BBLS (approximately 25,100 long tons (LT)) of at least three clean petroleum products (intentions F76, JP5, JP8 or JA1) in designated cargo tanks with double valve isolation. Vessel shall have a minimum SOA of 12 knots;

OR

B. One or two clean, double hull ATB/ITB with IGS and SBT that are capable of carrying a minimum of 145,000 BBLS each (approximately 19,100 LT) and maximum 190,000 BBLS (approximately 25,100 LT) combined of at least three clean petroleum products (intentions F76, JP5, JP8 or JA1) in designated cargo tanks with double valve isolation. Vessels shall have a minimum SOA of 10 knots:

C. In addition, vessel(s) shall have the following minimum particulars:

1. Shall be US Flag, Jones Act compliant

2. Shall have a maximum age of 15 years throughout the life of the charter

3. Shall be MARPOL/OPA-90 compliant.

4. Shall be SOLAS approved for non-coastwise voyages (intention Guantanamo, Cuba).

5. Shall comply with all applicable United States Coast Guard (USCG) regulations.

6. Shall have vetting approval from at least two oil majors providing date of vetting and name of major; at least one vetting approval must be less than 6 months old at time of award. Vetting approvals shall be maintained for the life of the contract.

7. Shall be a party to the SIRE System

8. Shall have a SIRE report that is less than 6 months old at all times during the performance of this contract.

9. Shall maintain current ISM Certification (SMC) and International Ship Security Certificate for the vessel(s) for the life of the contract.

10. Shall not exceed a maximum LOA of 613 feet.

11. Shall not exceed a maximum beam of 90 feet.

12. Shall not exceed a maximum DWT 43,000 MT

13. Shall have the ability to load minimum 140,000 BBLS (assume JP5 with an average API of 43.1) while not exceeding a laden draft of 30 feet.

14. Shall have a maximum height of cargo manifold above water line (AWL) shall not exceed 50 feet.

15. Shall be able to machine wash cargo tanks, as applicable, while underway or in port.

16. Shall be able to clean, mop, dry and inert cargo tanks at sea or in port within three (3) days’ notice by the Government during performance of the charter when required.

17. Shall be able to carry one complete, undecanted tank washings in dedicated slop tanks. (Tanker only, requirement does not apply to ATB/ITB)

18. Shall be able and equipped to call at offshore petroleum facilities. (Tanker only, requirement does not apply to ATB/ITB)

19. Shall be able and equipped to perform cargo operations pierside.

20. Shall be able and equipped to perform cargo operations at anchorage (e.g. ability to procure adequate fendering).

21. Shall be free of copper and copper alloys (brass, bronze, etc.) in compartments, pipelines, heating coils, fittings, etc. as it is not permitted in vessels chartered by MSC to carry petroleum products, unless vessel possesses a current DLA – Energy waiver.

22. Vessel tanks with copper or yellow metal compounds are not acceptable for Jet Fuel cargoes.

23. Coal tar coating is not an acceptable internal coating for vessel cargo tanks. Vessel(s) shall have coatings that are compatible with the fuel to be carried.

24. Shall have received acceptable ratings for its Certificate of Quality for the vessel’s last three cargoes.

25. If any of the vessel’s last three cargoes contained Fatty Acid Methyl Esters its cargo tanks shall be cleaned and conditioned in accordance with the guidance in accordance with Energy Institute HM50.

26. Shall be able to take upper, middle, lower, bottom, and all-level samples of the cargo (to include OBQ & ROB) without contaminating them from the sampling location. If unable to do so or if the sampling location is contaminated or suspected to be contaminated, Charterer will require open sampling on a tank by tank basis, consistent with safety and local terminal regulations.

27. Shall be fully bunkered when presented (NOR tendered).

C-5 FUEL OIL INVENTORY.

C-5.1 Fuel Monitoring Reports. A fuel oil inventory report shall be submitted to the Government on the 5th day of every month (for the previous month) using the Navy Energy Usage Reporting System (NEURS). Report shall be prepared in accordance with OPNAVINST 4100.11 and include the following information:

a. Bunkers at the beginning of each month.

b. Bunkers at the end of each month.

c. Fuel received during the month and source, receipt, document number and date of receipt.

d. Fuel consumed during the month.

C-5.2 Fuel Consumption Reports. A fuel consumption report/abstract shall be submitted to the Government on the 1st day of every month (for the previous month). 30 days prior to delivery of the vessel, the Government will provide an abstract form in EXCEL format to the Contractor that shall be used when submitting the monthly Fuel Consumption Report/Abstract. Contractor shall not make changes to the form or formulas in the spreadsheet.

C-5.3 Report Submission. The above fuel oil reports (Monitoring and Consumption) shall be recorded daily and submitted monthly using the Navy Energy Usage Reporting System (NEURS), per ALMSC 192334ZNOV03 (provided upon request). Reports and data collected shall be prepared and submitted in accordance with OPNAVINST 4100.11 via e-mail to the COMSC PM3, Strategic Sealift Program; an e-mail address will be provided upon award.

The Contractor shall include, with the submitted reports, a statement certifying the accuracy of the data contained therein as a true and exact copy of Vessel deck and engine log books.

C-6 PERSONNEL AND FACILITY SECURITY CLEARANCES. The Contractor is required to have a facility clearance at the Secret level with the capability to store classified information up to the secret level to include a GSA approved Class 6 document safe that has an approved electronic combination locking device and approved shredder capable of destroying documents classified up to Secret in accordance with DoD 5220.22-M National Industrial Security Program Operating Manual (NISPOM). The Master, Chief Mate, and any additional officer (deck or engineering) shall have a completed investigation comparable to at least a National Agency Check and adjudication indicating eligibility for access to SECRET. It is the Owner's responsibility to submit requests for security clearances in the proper format and in a timely manner prior to assignment to the program based on Defense Security Service (DSS) guidance. Both Personal and Facility Clearances must be in place at the start of Contract performance and be maintained throughout the life of the Contract. See DD-254, "Contract Security Classification Specification," Attachment D, for other security requirements.

C-7 SHIP MANAGEMENT

C-7.2.1 Prior Cargoes.

1. Naphtha/condensates: Mercaptan sulphur, reported in “parts per million” (ppm) or “mass percent”, or Doctor Test (ASTMD 4952).

2. Gasoline (Motor or Aviation): State whether the previous product was “leaded” or “unleaded”. This is needed to determine cargo tank “safe entry” testing requirements.

C-7.2.1.3 If cargo is carried by the vessel in the 30-day period between when the last three cargo Certificates of Quality are submitted to the Government and when the vessel is delivered under the contract, the Owner shall submit Cargo Quality Certificates to the Contracting Officer for review upon completion of loading the cargo. Rejection by DLA-Energy Quality Assurance due to cargo non-compatibility would be grounds for cancellation of the contract at no cost to the Government.

C-7.2.2 Upon delivery in accordance with paragraph F-1, all cargo tanks designated for cargo carriage and adjacent tanks, including slop tanks, shall be clean and be ready to receive lawful cargo.

C-7.2.3 Vessel must report fully loaded with bunkers when they submit their notice of readiness at port of delivery in accordance with H-14.1.

C-7.3 Drydock. Owner, at its expense, shall drydock, clean and maintain the Vessel's bottom and propeller, and make all overhaul and other necessary repairs properly to maintain the Vessel in class, maintain the Vessel in compliance with F-2 (Condition) above and the warranties of H-38, and otherwise to keep the Vessel tight, staunch, and strong, and in thoroughly efficient order and condition. For such purpose of drydock, Charterer shall allow Vessel to proceed to an appropriate port upon 60 days' prior notice to the Contracting Officer. All towage, pilotage, fuel, gas-freeing if required, water, and other expenses incurred while proceeding to and from drydock shall be for Owner's account.

C-7.3.1 Suspension of Hire. In case of dry docking, pursuant to C-7.3, at a port where Vessel is to load, discharge, or bunker under Charterer's orders, hire shall be suspended from the time the Vessel receives free pratique on arrival, if in ballast, or upon completion of discharge of cargo, if loaded, until Vessel is again ready for service. In case of drydocking at a port other than where Vessel loads, discharges or bunkers, payment of hire shall cease from the time of deviation until the Vessel is again ready and in a position not less favorable to the Charterer than that at which such deviation occurred.

C-7.4 All tank cleaning during the term of the contract will be for the account of the contractor.

C-7.5 Redelivery. The Vessel, at the termination of this Charter, shall be returned to the Owner by the Charterer with tanks in like condition, excepting normal wear and tear.

C-7.6 Delivery Schedule. In the event that the delivery schedule submitted with an offer and included in the Contract is delayed enough to compromise the timely delivery of the vessel, the Contractor shall notify the Contracting Officer of the delay.

C-7.7 Upon award of this contract, the Contractor shall immediately notify all contractor personnel, who are or who will be employed by, or who are or who will be accompanying, United States Naval Forces outside the continental United States (OCONUS), and who are not a host country national ordinarily resident in the host country, that such personnel, and any dependents residing with such personnel, who engage in conduct OCONUS that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States as required by the Military Extraterritorial Jurisdiction Act of 2000, Pub. L. 106-523, 114 Stat. 2488, codified at 18 U.S.C. 3261 – 3267, as implemented by DoD Instruction 5525.11, “Criminal Jurisdiction over Civilians Employed by or accompanying the Armed Forces outside the United States.” Reference is made to Secretary of Defense memo dated 10 March 2008; “UCMJ jurisdiction Over DoD Civilian Employees, DoD Contractor Personnel, and Other Persons Serving With or Accompanying the Armed Forces Overseas During Declared War and in Contingency Operations.”

C-7.8 Delay in Providing Information . Any delay resulting from the Owner’s failure to provide any of the information described above within the prescribed time frames shall result in a corresponding increase in the time afforded to the Charterer to accept delivery of the Vessel, if such information is required prior to delivery.

C-7.9 Owner shall hot wash all vessel cargo spaces with water not to exceed 58 degrees centigrade prior to presenting for initial acceptance and inspection. All cargo tanks must be free of loose rust, previous cargo residues and films (including dyes), significant salt deposits and other impediments that could impact the quality of the cargo to be loaded.

C-8 EQUIPMENT

C-8.1 Communications. The Contractor shall ensure that the Vessel configuration and equipment meets the Regulatory Body Distress/Ship requirements of the U.S. Coast Guard (USCG), Federal Communications Commission (FCC), International Maritime Organization (IMO); and International Convention for the Safety of Life at Sea (SOLAS), 1974 as amended.

The Contractor shall also meet the following MSC specific requirements:

C-8.1.1 Communications Space and Equipment. As previously described in C-3.2.6, the Vessel shall be equipped with a separate, suitable, and securable communication space designated and equipped for the Government to operate and maintain special communications equipment. The space, at a minimum shall have adequate square footage in which Contractor-furnished and MSC-furnished equipment can be operated and maintained, estimated to be twenty square feet.

(a) The Contractor shall provide:

(1) One INMARSAT Fleet Broadband 500 terminal.

(2) MF/HF Transceiver(s); can be included in an integrated GMDSS console.

(b) The Government will provide, and the Contractor shall accommodate, Secure Communications devices.

(c) Department of Defense General Service (GENSER) Messaging. The Vessel shall be capable of transmitting and receiving GENSER messages. Classified and unclassified GENSER message traffic is controlled by a personal computer based system.

(d) Radiotelephone Services. The Vessel shall be capable of radiotelephony over terrestrial and satellite circuits in the VHF, HF, MF bands as described in COMSCINST 2000.2 Series.

(e) Secure Communications. The Vessel shall be capable of supporting secure (encrypted) communication equipment by complying with DOD and DON guidance on proper access, handling and disposition of classified material. The Contractor shall comply with physical security requirements in the following publications:

(i) DOD Manual 5220.22-M (Industrial Security Manual for Safeguarding Classified Information) and DOD 5220.22-S (COMSEC supplement)

(ii) SECNAVINSTs 5510.30 Series and 5510.36 Series

(iii) COMSCINST 2280.3 Series

(b) Communications Administrative Services. The Vessel shall have standard office furniture necessary to support communications administrative functions in accordance with the procedures described in COMSCINST 2000.2 Series. These include a telephone connection to the interior communications system, and a safe . The safe shall be a GSA approved container, multi-drawer (2) , class 6 document safe, with an approved electronic combination locking device (X-09).

(c) Communications Training. The Contractor shall ensure that those mariners performing the communication duties on board ship successfully complete the following courses:

(i) Electronic Key Management System (EKMS). Masters and any other mariners serving as Electronic Key/Local Element Managers shall successfully complete the MSC sponsored shoreside EKMS / Local Element course which concentrates on COMSCINST 2280.3 (series) policy regarding safeguarding and/or destroying classified material and maintaining safe combinations in accordance with Section C-1.5.2.4 (Secure Communications).

(ii) Masters and any other mariners serving as Operator’s of MSC installed computer systems such as the PC-PC Transfer System shall successfully complete the MSC sponsored shoreside PPTS course of instruction which concentrates on COMSCINST 2000.1 (series) regarding sending and receiving GENSER naval messages and official e-mail through MSC networks.

(iii) Information Awareness (IA) training. As required by DoD, any person (ashore or afloat) given access to a NMCI U.S. Government computer shall annually attend the latest version CD DoD Information Awareness training, and other cyber security training as directed by COMSC.

(d) Logs and Files. The Vessel shall have standard office equipment necessary to maintain communications logs as required by regulatory bodies and COMSCINST 2000.2 Series.

C-8.2 Navigational Equipment. The Vessel shall be equipped, upon commencement of the Charter, with the navigational equipment required by the USCG.

C-8.3 Automated External Defibrillator (AED). The Contractor shall provide sufficient AEDs, stored in a location ready for use, to ensure that response time to shipboard medical emergencies does not exceed five minutes from any location on the Vessel. AEDs shall be stored in a location that is accessible to trained rescuers. AEDs must be FDA approved and be suitable for shipboard use. The Vessel’s Medical Department Representative shall be trained to operate and maintain the AED.

C-9 LOADING AND DISCHARGING

C-9.1 General Loading and Discharging. The whole reach and burden of the Vessel shall be at the disposal of the Charterer, reserving only proper and sufficient space for Vessel’s Master, Officers, and crew, tackle, apparel, furniture, provisions, stores, and fuel. The Charterer shall have the use of all cargo handling equipment onboard and the Owner shall provide sufficient power to operate all the Vessel’s cargo handling equipment simultaneously. The Vessel shall work night and day.

C-9.2 Cargo Quantity Limitation. In no case shall the cargo exceed what the Vessel can reasonably stow and carry, in the judgment of the Master, over and above the space and burden necessary for Vessel’s Officers and crew, her cabin, tackle, apparel, furniture, provisions, fresh water, stores, necessary ballast and fuel.

C-9.3 Detention or Standby. If by reason of the Owner’s failure to use diligence to keep the Vessel in a thoroughly efficient state of hull, machinery, equipment, personnel, and other particulars relating to the seaworthiness of the Vessel, the Charterer incurs cost of stevedoring detention or standby time in connection with the loading or discharging of cargo, such costs shall be for the account of the Owner, provided, however, the Owner shall not be liable for such costs unless the period of detention or standby time exceeds 20 minutes. The Charterer, within 24 hours after the period of detention or standby time commences, shall give the Owner or its representative written notice of the detention or standby time.

C-9.4 Lighterage. Lighterage, if any, will be at the risk and expense of the Charterer, except as otherwise provided herein. For each evolution when scheduled, Owner shall obtain spill prevention booms for use during lightering operations and adequate fendering for alongside operations and be able to lighter (skin to skin) from another tanker. Contractor shall arrange oil spill protection and cleanup. Any items used by contractor herein are reimbursable.

C-9.5 Terminal Worker Damage. The Charterer’s liability for damages caused by the tortuous or wrongful acts and omissions of government officials, personnel, and employees, including government terminal workers, is governed by Federal law. Nothing in this charter waives, or should be interpreted as a waiver, of the sovereign immunity of the United States.

Before submitting a claim or a request for equitable adjustment under the terms of the Disputes clause of this contract, see FAR 52.233-1 (Alt I), for damage or loss caused by governmental terminal workers, the Contractor shall exhaust its administrative remedies for the tortuous or wrongful acts or omissions of government officials, personnel, and employees. Any claim or request for equitable adjustment seeking reimbursement for loss or damage to property based on the negligent or wrongful acts of government officials, personnel, or employees, submitted to the Contracting Officer for consideration or adjudication under the terms of the Dispute clause not previously presented to the authority based on tort concept, may, in the sole discretion of the Contracting Officer, be returned to the Contractor without action or forwarded to the authority responsible for the adjudication of claims brought against the United States based on tort concepts as a matter under its cognizance.

C-9.6 Injurious Cargoes. No injurious cargoes, including acids that are injurious to the Vessel, are to be shipped.

C-9.7 Carriage of Non-Clean Products. The Charterer shall have the right to carry dirty petroleum products excluding crude oil at any time during the currency of this Charter Party and also the right to change from dirty petroleum products to clean petroleum products any time during the currency of this Charter Party, it being understood that any time and expense involved in cleaning the tanks to carry clean petroleum products after carrying dirty petroleum products shall be for the Charterer’s account, except that any additional cleaning required by reason of carrying a higher grade of cargo which can normally be done by the crew and/or with the Vessel’s equipment shall be for the Owner’s account. It is also understood that this paragraph does not alter the responsibilities of the parties with respect to the condition of the tanks on delivery and redelivery as contained in C-7.

C-9.8 Oil/Water Interface Point. The Vessel shall establish, immediately upon completion of loading and immediately prior to discharge, either by manual or electronic means, the oil/water interface point in all cargo tanks and record such readings in Vessel’s logs.

C-9.9 Ballast Discharge. The Vessel shall be capable of discharging ballast while loading cargo and of taking on ballast while discharging.

C-10 GOVERNMENT PERSONNEL. Notwithstanding any restrictions in this charter party to the contrary, Owner agrees to embark and berth, using permanent or temporary living quarters, a maximum of five (5) Government personnel, including supercargo and armed force protection personnel as provided for under the Force Protection clause. In the event complying with this requirement exceeds the Vessel’s Certificate of Inspection (COI), Owner will advise the Charterer and agrees to make reasonable efforts to obtain all appropriate waivers so as to allow the Vessel to carry such additional personnel. If Owner is unable to obtain the necessary waivers, Owner shall notify the Charterer immediately. The cost of any additional lifesaving equipment shall be for Owner’s account. The cost of berthing and victualling the Government personnel will be reimbursed at a not to exceed rate of $30 per day.

C-11 CADET. The Owner shall participate in programs for Merchant Marine Cadets for training of engine and deck cadets under the sponsorship of the U.S. Merchant Marine Academy and all accredited state maritime schools. Vessel(s) must be capable of accommodating a maximum of two cadets at all times. Available positions shall be distributed as equally as possible among the requesting schools.