Q_A - Amendment 0004.pdf

Question No.

Question Answer

If a port does not offer something (i.e. min 500 pax water ferry ) do we need to calculate to make it work in any case, such as bringing the water ferry in from another location to the hiring port ?

The HSP is responsible for meeting the requirements of the RTOP. The HSP determines how to ensure the service is available pursuant to the performance work statement (PWS).

At the time of the RTOP, the contractor can suggest an alternative method but if the RTOP is not changed, the contractor will otherwise have to follow the RTOP. Therefore, in the example provided if the requirement is for a min 600 pax water ferry and the port does not offer this, the HSP can request whether an alternative method such as two (2) 300 pax water ferries is allowed to be proposed.

Tug Services - per JOB. If Tugs are ordered and standing by for the arrival / or departure and its being delay, will charges just continue and be calculated in total after job complete? Some countries have PT (Port Tariff) so invoice will be submitted with the final costing , some countries booking is not PT and booking done on estimated hours for this job. How it would be calculated and charged? Normally ships will require 2 Tugs , so in exhibit / RTOP it will be reflected 2 JOB in and 2 JOB out?

The HSP is responsible for providing a price for the services in accordance with the RTOP regardless if the services are priced differently by the port. Please review the PWS in regards to Tug services and the definition of the "job" - it is not identified as "job per tug" but as arrival tug services and departure tug services. HSP should include any foreseeable causes of delay in its price. Specific delays or issues, which may arise, will be reviewed to determine responsibility.

Brow Services - per DAY. Understand all services included in set up, however in circumstances where few days after arrival ships decided or weather conditions worsened, brow must be re-positioned and entirely new set of services (i.e. crane, forklift, manpower) must be called in. How would that be chargeable as it will not count set up on arrival or departure, but few days in use already. Some countries will charge separately as totally new job. Re-positioning will no be applicable as its not concurrent job while arrival or departure.

The HSP is responsible for meeting the requirements of the RTOP. The HSP determines how to ensure the service is available pursuant to the performance work statement (PWS) and should include any foreseeable costs in its price. As per Schedule Note (2), prices shall be inclusive of performance at night, overtime, Fridays, Saturdays, Sundays, Holidays, performance under heavy rain and other inclement weather, and service to tankers and ships carrying explosives, as well as any cost associated with all necessary insurance (including Admiralty insurance) as required by local laws, licenses and permits or incurred to comply with applicable laws, codes, and regulations, in connection with the performance of the work. Anything perceived outside the original RTOP needs to be raised with the Contracting Officer at the RTOP level. Any pricing questions after task order performance will be reviewed in accordance with schedule notes on pricing and the

PWS.

Line Handlers- per JOB. In some circumstances on arrival or departure ships delay for more than 1-3hrs and line handlers are standing by on scheduled timing, how will their time be chargeable as JOB includes immediate current job not 4-6hrs sitting waiting on the pier. Booking for services is done hourly in some countries and any ships delay may be resulting in multiple job booking. Man power will be released and booked again if delay is greater than 2-4hrs (as example). How this services will be chargeable.

The HSP is responsible for providing a price for the services in accordance with the RTOP regardless if the services are priced differently by the port. The HSP determines how to ensure the service is available pursuant to the performance work statement (PWS) and should include any foreseeable costs in its price. Anything perceived outside the original RTOP needs to be raised with the Contracting Office at the RTOP level. Any pricing questions after task order performance will be reviewed in accordance with schedule notes on pricing and the PWS.

84 Is the POC list planned for circulation The POC List should be submitted

How can our contractors liaise with PLA/N in PRC regarding logistic issues: Port information (such as pier configurations, navigational chart, approaching channel data, radio channels, pilot pickup, CHT/Water connectors), vehicle dispatching and special events?

This engagement is between the HSP and the PLA/N.

86 Security issues in PVST in PRC, who is responsible? HSP or PLA/N?

The HSP should work with the PLA/N to determine the security issues in accordance with the force protection requirements of the ship. Per the PWS, the HSP is responsible for arranging the required services as stated in the RTOP.

87 Can we propose other commercial piers/berth for US Naval vessel visit in PRC?

The HSP should propose in accordance with the RTOP requirements. At the time of the RTOP, the contractor can suggest an alternative method, such as as an alternate pier/berth, but if the RTOP is not changed, the contractor will otherwise have to follow the RTOP.

Proposing alternative solutions but must be done within the definition of substitutions of the basic contract per clause H-2.

Schedule Note #2 - If “Pre-positioning/Pre-staging” for vetting can be required up to 5 days prior to ship arrival, then then this should be considered the commencement of the period of performance and the HSP eligible to be paid. How can cancellation of a task order after vetting be done fairly?

As noted in the RFP, the specific RTOP requirements may further define cancellation timeframes if they are outside what is listed in the basic contract. Any pre-vetting or pre-staging timeframes will be part of the RTOP, and the HSP can request additional information from the ordering officer.

Schedule Note #8 – The second sentence, beginning “Time will”, and sentences 3, 4, & 5 are contradictory. If time begins at 0000 and ends at 2359 on day of delivery/removal regardless of actual time. Please clarify?

Schedule Note no. 8 has been revised to clarify that for hourly rates, time will begin to be measured once the equipment and/or labor is along-side the vessel and is capable of operation, and for daily rates, a calendar day begins at 0000 and ends at 2359.

PWS 2.1.6.3 – The unit of issue for Trash is CZ, a volume measurement. In much of the world national/local regulation requires measurement of Trash in KG, a weight measurement. There is no conversion between volume and weight measurements.

What procedure will be utilized in these cases?

The ships only calculate in terms of volume. Therefore, the Contractor is responsible for Volume as determined by the RTOP in accordance with the PWS and is required to price accordingly.

PWS 2.2 Pilot Services & 2.3 Tug Services – How will extraordinary delays in berthing or unberthing due to mechanical, harbor traffic, weather, etc. be handled?

The HSP is responsible for meeting the requirements of the RTOP. The HSP determines how to ensure the service is available pursuant to the performance work statement (PWS) and should include any foreseeable costs in its price. As per Schedule Note (2), prices shall be inclusive of performance at night, overtime, Fridays, Saturdays, Sundays, Holidays, performance under heavy rain and other inclement weather, and service to tankers and ships carrying explosives, as well as any cost associated with all necessary insurance (including Admiralty insurance) as required by local laws, licenses and permits or incurred to comply with applicable laws, codes, and regulations, in connection with the performance of the work. Anything perceived outside the original RTOP needs to be raised with the Contracting Officer at the RTOP level. Any pricing questions after task order performance will be reviewed in accordance with schedule notes on pricing and the

PWS.

Amendment 0004 N68171‐20‐R‐0001 Q&A‐2

PWS 2.7 Trash – Trash that cannot be removed from the ship by ship’s force, i.e. tri-walls, pallets, etc. will required both crane and truck service. HSP’s will need accurate estimates in advance. How will the HSP be advised in advance in order to provide an accurate quote?

The RTOP will include the estimates.

PWS 2.37 & 2.38 - Please advise size differentiation between a Breasting Barge and a Fendering Barge.

The PWS does not define the size of the breasting or fendering barge. The minimum definition for the fendering and breasting barge are stated in the PWS, but the size is dependent on the size of the ship and is left to the HSP to decide based on the size of the ship and the safety elements required per the PWS.

PWS 2.48 Sandbags – If Unit of Issue is DY, how will HSP be notified the quantity of sandbags required?

If sandbags are required, specific information will be provided in the RTOP.

PWS 5.16.1 – Dive & Vetting, 5.16.1 directs inspection “before ship arrival.” Yet, includes requirement to inspect ship’s hull. How is this possible?

The PWS lists the extent of the requirement. Dive services may be required prior to the ship pulling in as well as when the ship pulls in. Specific information will be provided at the RTOP level.

PWS 7.2.9 & 7.3.9 – Traffic Violations & Fines. This paragraph makes no sense. The HSP should not be left holding the fine regarding traffic violations and fines incurred by ship’s personnel. HSP’s routinely experience ship’s not notifying us when tickets are received, ship’s hiding tickets until after departure, ship’s refusing to pay tickets, and even “We are leaving, you’ll never see us again; the ticket is yours”. What enforcement mechanism will the Government establish within the contract?

Understanding that traffic violations and fines may not be assessed until after the Ship has left port, notification to the Contracting Officer is required as soon as practicable to coordinate payment by the responsible party.

97 PWS 7.5 & 7.6 – Does not address water transport to ship’s at anchor Any water transport required for ships at anchor will be addressed separate from these elins.

Daily Rate: The unit of issue for several services- Forklift, Manlift, Cranes has been changed from "hourly" to "day". In this case it won't be a minimum guaranteed price and the contractor has to include minimum price into the day charge? Please specify the day charge will be from 0800 to 1700 or 24hours? In many cases, customer requires couple hours for the service, but if they have to pay 24hours rate(day charge) it will not be cost effective?

Correct - there is no minimum guarantee. Per Schedule Note no. 8, a calendar day begins at 0000 and ends at 2359. Equipment and/or labor are required to be available and immediately capable of operation during the entire timeframe. Therefore, services will be billed on a daily basis. The ship may provide estimated timeframes in which the ship expects to use a particular service, but these estimates are only to assist with planning.

Regardless if a timeframe is provided, the services shall be the same price for the entire day.

Tug Services: Unit of issue will be "job" instead of hourly. When ships arriving/departing, depending on weather and ship's condition, it could take more hours than average. Contractors will submit price for this service with average price based on the port tariff. If it takes a way more than average for many reasons(weather, harbor traffic and condition of the ship), contractor has to take price risk since tug association charges based on actual hour.

In this case, can the contractor submit Request for Equitable Adjustment?

To the extent delays are foreseeable at time of RTOP award, those delays should be factored into the price. Just because, the visit takes longer than "average" is not the basis for an equitable adjustment. Extraordinary and unforseeable circumstances are required.

Although the HSP may submit a request for an equitable adjustment (REA) or a Claim pursuant to the disputes clause, FAR 52.233-1, the contractor may not be paid additional costs for any delay. Specific delays or issues will be reviewed to determine responsibility.

Why Ordering Office could give an HSP direct awards after reviewing available pricing list evaluation? What is the reason in case direct awards required?

There could be multiple reasons why an Contracting Officer/Ordering Officer may need to use the direct award approach, such as urgency, availability, etc. The pricing list, as discussed in H-2 Ordering Procedures, allows for a quick determination in these circumstances. Other issues may also arise, but it is ultimately the determination of the Contracting Officer/Ordering Officer in accordance with FAR 16.505 Ordering as related to fair opportunity and exceptions to fair opportunity.

Paragraph 2.3 TUG SERVICES (ELIN XX05 - XX06): Tug services Unit Of Issue is JOB; Please clarify does this mean "JOB per Tug" or, "JOB per Tug Service (one or more tugs used)" Example: If 2 tugs are needed for both arrival and departure of a ship. Will this be listed in the RTOP as 4 JOBS (2 tugs for arrival & 2 tugs for departure) or just 2 JOBS (1 tug service for arrival & 1 tug service for departure)

The PWS defines tug services in terms of arrival tug services and departure tug services.

The services are inclusive of all equipment necessary. Therefore, regardless of the number of tugs used, arrival tug services would be 1 Job and departure tug services would be 1 Job. For the example provided, if 2 tugs are needed for both arrival and departure of a ship, this would be listed as 2 JOBS (1 tug service for arrival and 1 tug service for departure).

Under Section 11 (Cyber Security Requirements for Hisbanding Service Providers) of RFP N6817120R0001 the RFP states, “The HSP that receives a MAC award shall confirm with the KO that its computer systems conform to these requirements immediately after contract award. This confirmation shall be in writing via email to KO”. Will the Navy conduct any audits or verifications of HSP compliance? If so, we request that vendors found to be non compliant be removed from the contract until they are compliant!

Thank you for your suggestion. We will take your suggestion under advisement for both the verification of HSP compliance as well as the removal of an HSP that is not compliant.

Presenting an offer per region. Can we bid for a region quoting for just some ports and not all of them part of the region? For example: For Region 28: Southeastern Asia 1 - Can we go for French Polynesia and New Caledonia (France).

The basic contract will be awarded based on region, not particular ports or countries within the region. It is the HSP's decision, after contract award as to whether to bid on particular port visits within the region.

Regarding RTOPs. Once we are selected in a Region and we sign a contract for that region, the Logistics Office/Vessel/POC will send us an RFQ and we'll have to quote in the time selected. Could you please describe more how the quoting stage (RTOP) is going to be?

The specific ordering instructions are provided in H-2. The RTOP process includes notifying all contractors who have been awarded a region, of an upcoming port visit. The specific information necessary for the port visit will be included as part of that RTOP. The Contracting Officer/Ordering Officer will provide instructions on how to submit offers and how offers will be evaluated. Once an award decision is made, the ordering officer will notify the winning HSP for the port visit and the HSP will be required to take action for the port visit.

Duration of the contract, What is the length of this contract? What could be the extension?

Per Section F-1 Ordering Period, the Contract is a 10 year contract composed of a base period of 5 years and an option period of 5 years. The HSP who wins a contract will be part of the ordering process over the first 5 year period. If the Government decides to exercise the option, the HSP will have an additional 5 years in which they can compete for port visits under this contract.

HSP shall provide Tug Services on standby for each day the ship is in port. Standby Tug Services shall be able to support ship movements within 2-hours notification.

What about ports where tug availability is charged? This means that if they come in on the 1st and leave on the 3rd, on the 2nd the tug service must also be available just in case?

That is correct. Standby tug services are to be available all days while the ship is in port.

The government does not dictate how to price this service, but is expected to be available each day.

Original vouchers. Do we need to send you the original vouchers of the port call (of the different services provided)? Or/And the invoices issued by our company?

Original vouchers are from the HSP. There may be occasion where original vouchers from subcontractors or vendors are required.

HSP shall provide a power source capable of supplying power to lighting, 20 110- 220VAC US outlets and miscellaneous portable electrical equipment (radios, stereos, hand tools, etc.). The power source shall emit sound levels of less than 84 decibels.

For such specific cases, are other alternatives admitted?

Any alternatives may be addressed to the Contracting Officer/Ordering Officer during the RTOP for a particular port visit.

Does the Navy object to the HSP advising the port prior to a port visit that although the HSP is contractually permitted to identify itself as the US Navy’s Agent , it is not in fact authorized to bind the Navy to any of the terms and conditions imposed by the port, including but not limited to the payment for any damage suffered by the port or by any other vessel visiting the port caused by US Navy or its ships. Similarly, the HSP is not able to accept any fines the port may levy on the Navy ship unless in an instance the fine is result of actions of the HSP?

The HSP can advise ports on the contractual relationship of the U.S. Navy and HSP. The HSP can provide point of contact (POC) information for the COR for any fines or other administrative items from the port that are not related to the HSP.

If in response to the advice provided to the port in #1 above, the port refuses to permit entry to the US vessel, how shall the HSP proceed, given the tight time frames which frequently exist, particularly in times of international tension, between notice to the port of the visit and arrival of the ship?

Any potential issues with port access due to the contractual relationship should be raised during the RTOP process by promptly engaging the Contracting Officer/Ordering Officer per Section C, Paragraph 1.3.

If the port refuses entry to a US vessel because of the advice given in # 1 above, will that be grounds for an adverse performance finding on the HSP’s CPAR or cause for termination for default?

If the port refuses entry due to actions of the HSP, adverse performance can be entered into the Contractor Performance Assessment Reporting System ( CPARS) and actions taken by the Contracting Officer for termination of the task order. If the port refuses entry unrelated to any actions of the HSP, adverse performance would not be held against the contractor but may still be grounds for a termination of the task order. These issues should be brought to the Ordering Officer's attention before the award of the task order in response to an RTOP.

What is the Navy's position in the event that the Navy refuses to permit the HSP to disclose to the port either (a) that its description as the Navy's "agent" is solely cosmetic and it is actually bereft of any form of binding authority, or, (b) that the HSP is acting as "agent" without contracting authority on behalf of its principal (as internationally established concept of shipping agent infers) and that failure to disclose this is illegal under the law of the port?

Any potential issues with the port should be raised prior to award of the task order in response to the RTOP. As stated in response to question Number 71, above, the HSP can advise ports on the contractual relationship of the U.S. Navy and HSP. As set forth in Section C, Paragraph 1.3, "[a]lthough the HSP may not legally bind the United States, the HSP may make such representations in furtherance of its integration of services function under the contract. Any disputes that arise in connection with such services are to be promptly brought to the attention of the Contracting Officer and resolved directly between port officials and U.S. Government officials."

Although Paragraph H‐4 (p. 101 ) addresses the liability of the HSP in a situation where a Navy vessel is damaged because of the action/inaction of the port, port personnel or the HSP, nowhere in the solicitation is there any acknowledgment that the Navy would assume responsibility for damage to the port or its personnel when caused by a US Navy vessel or its crew. Please confirm that in the instance where a Navy vessel or a member of its crew causes damage or injury to the HSP, the port or port personnel or port contractors, the US Navy will accept responsibility for such damage or injury.

The HSP may submit a request for an equitable adjustment (REA) or a Claim pursuant to FAR 52-233-1 Disputes, incorporated by reference in the Contract (see page 108 of the solicitation), in order to address any issue, including damage/injury as described in this question, which may arise during task order performance. Any incidents, which occur during the subject port visit will be reviewed to determine responsibility.

In paragraphs 2.24.1 (Brow) and 2.26.1 (Brow Stand) the term “Reposition” is used to describe one of the services that must be included as part of the all inclusive price.

After the HSP has set the brow or stand on ship’s arrival, there should be no obligation to reposition the brow or stand after ship’s arrival without the HSP being able to charge for the equipment and labor necessary to affect the repositioning. Please clarify how the HSP would be required to “reposition brow or stand at no additional cost.

Any repositioning required due to the HSP not properly placing the brow will be covered at no charge. Any additional repositioning requirements need to be communicated with the COR and ordering officer to determine responsibility. The HSP is responsible for meeting the requirements of the RTOP. The HSP determines how to ensure the service is available pursuant to the performance work statement (PWS) and should include any foreseeable costs in its price. Anything perceived outside the original RTOP needs to be raised with the Contracting Officer at the RTOP level. Any pricing questions after task order performance will be reviewed in accordance with schedule notes on pricing and the PWS

The following paragraph appears under every ELIN in the solicitation: “Unit price shall be inclusive of all pricing variables, including, but not limited to, all necessary equipment, licensed operators, holiday and overtime costs, customs clearances, mobilization and demobilization (including all associated equipment and labor required to satisfy ship and port requirement), removal, disposal, transportation, setup, pre-positioning, staging, charter, vetting of operations, detention or demurrage, fuel and operating expenses, dismantling and labor, repositioning, all applicable taxes and surcharges. Unit price shall be inclusive of performance at night, overtime, Fridays, Saturdays, Sundays, Holidays, performance under heavy rain and other inclement weather, and service to tankers and ships carrying explosives, as well as any cost associated with all necessary insurance (including Admiralty insurance) as required by local laws, licenses and permits or incurred to comply with applicable laws, codes, and regulations, in connection with the performance of the work”. For services that are priced by the job (JB) such as PILOTS, TUGS and LINE HANDLER SERVICES, in the event there are additional costs incurred due to unforeseen delays caused by a vessel, what recourse does an HSP have for recovering the additional cost(s) from the US government?

The HSP is responsible for meeting the requirements of the RTOP. The HSP determines how to ensure the service is available pursuant to the performance work statement (PWS) and should include any foreseeable costs in its price. Anything perceived outside the original RTOP needs to be raised with the Contracting Officer at the RTOP level. Any pricing questions after task order performance will be reviewed in accordance with schedule notes on pricing and the PWS.

Please confirm that for services involving the placement & removal of equipment such as brows, oil booms and fenders to name a few, prices offered are to be inclusive of one (1) mob and one (1) demob and that any additional services such as repositioning of equipment for ship’s convenience are to be priced separately at the Task Order (TO) level.

The HSP is responsible for meeting the requirements of the RTOP. The HSP determines how to ensure the service is available pursuant to the performance work statement (PWS) and should include any foreseeable costs in its price. Anything perceived outside the original RTOP needs to be raised with the Contracting Officer at the RTOP level. Any pricing questions after task order performance will be reviewed in accordance with schedule notes on pricing and the PWS.

For services such as CRANE, FORKLIFT, MANLIFT and VEHICLES WITH DRIVER/OPERATOR that are priced by the day (DY) will the unit of issue DY be defined at the RTOP level or are HSPs to price the service(s) to account for the availability pier side of drivers/operators 24/7?

Per Schedule Note no. 8, a calendar day begins at 0000 and ends at 2359. Equipment and/or labor are required to be available and immediately capable of operation during the entire timeframe. Therefore, services will be billed on a daily basis. The ship may provide estimated timeframes in which the ship expects to use a particular service, but these estimates are only to assist with planning. Regardless if a timeframe is provided, the services shall be the same price for the entire day.

Paragraph 2.1.5.9.2 states that “In the event of any releases of oil, hazardous substances, Bilge water, CHT, chemicals, or gases due to HSP activity; immediately (within 15 minutes) notify the COR. HSP is responsible for verbal and written notifications as required by Navy Instructions. Spill response shall be in accordance with local regulations and at no cost to the Government”. Please confirm that by “HSP activity” it is meant that the release is due to the fault of the HSP and that in cases where a release is caused due to vessel’s fault any/all costs associated with clean‐up, port fines etc are the responsibility of the US government.

As stated, the "HSP activity" refers to releases of oil, hazardous substances, Bilge water, CHT, chemicals, or gases caused by the HSP and/or HSP's subcontractors (including vendors and/or ports) in performing its contracted services. The Government may also enforce Clause H-4 in the event of damage to property of the Government during task order performance. Any incidents, which occur during the subject port visit will be reviewed to determine responsibility.

If damage occurs during performance of a port visit, the HSP should be informed immediately and a joint survey be conducted, in some cases an independent surveyor maybe required to be appointed to survey the damage. We cannot determine the reason of the damage fairly if the HSP is informed days or several weeks after its occurrence.

Accordingly, please revise the solicitation to provide that the HSP will be immediately informed of the incident and included in the damage assessment if damage occurs to a Navy vessel during HSP performance of a port visit.

There is no need to revise the solicition. It is the responsibility of both the HSP and the Government to notify each other of any damage, which occurs during the performance of a port visit. Any incidents, which occur during the subject port visit will be investigated/reviewed, and to the extent possible, depending on when damage occurs, length of port visit, availability of the vessel, both the HSP and the Government should be involved in any damage assessment.

2.1.4.1 states that direct/indirect cost such as port charges related to dockage, berthage, wharfage etc. shall be incorporates into the Ship Husbanding Services. A variation in the ships tasking could change these charges. Eg. Berth occupancy is charged based on the hours spent on the discharge of cargo or loading of fuel. These are evolutions which cannot be predicated or controlled by the agent. Hence, actual charges could be in variance to the assumed charges. Also, if the [Period of Performance] POP is changed to a public holiday after the award, the port charges will change. In such cases will the Navy accept a revision in the Ship Husbanding Services charges?

Any changes to a requirement via the changes clause, FAR 52.243-1 Alt II, due to a PoP change or a change in services predicated by the Government allows for an equitable adjustment by the contractor.

Will we have to offer all the regions in the final proposal or if may we only offer the region or part of the regions with which we are comfortable with?

The basic contract will be awarded based on region, not particular ports or countries within the region. It is the HSP's decision, after contract award as to whether to bid on particular port visits within the region.

Please advise whether the RTOP will provide the exact scope of crane job (i.e. the job, location onboard, weight of the load, height and other details) for HSP to quote for the proper crane and required associated arrangments such as crane pallet bars/slings etc.

The concern here is that the HSP should not be held responsible for failure to undertake the intended job if the proper details are not provided to the HSP in advance.

The RTOP will provide as many details as possible for use of the crane. If issues arise during the port visit that the HSP considers to be outside the original intended use of the crane, the HSP can raise the issue with the Contracting Officer at the RTOP level.