Norfolk Tugs Reprocurement PWS _03 Oct 22.pdf

PERFORMANCE WORK STATEMENT

DESCRIPTION OF SUPPLIES AND SERVICES

1. This is a Charter Party contract for eight (8) time-chartered tugs in Norfolk, VA and surrounding waters. The tug charter is for a firm period of one year with options for three (3) additional one-year periods and one 336 day period to support the Government's requirement. Contractor shall provide the offered tugs by the stated canceling date. Only the tugs named, or substituted in accordance with the Substitution of Tugs clause, may be used under this contract.

PLACE OF PERFORMANCE:

Geographic Region(s)

Norfolk, VA

Surrounding Waters to include the following:

a) Joint Expeditionary Base Little Creek-Fort Story

b) Norfolk Naval Shipyard

c) Commercial Shipyards within the Hampton Roads area (Newport News, MHI and Colonna)

d) Cheatham Annex

e) Craney Island Fuel Depot

f) Yorktown Naval Weapons Station

g) Yorktown Fuel Depot

h) James River (Ghost Fleet)

i) Hospital Point

j) Cape Henry

k) Lynnhaven Anchorage

l) Little Creek Anchorages

m) Up to the line of demarcation and all points in between

2. The place of performance shall be in the geographical region of Norfolk, VA including surrounding navigable water. Within this geographical region, the Tug may be ordered to any berth, dock, anchorage, wharf, place, open roadstead, submarine line, or alongside any vessel, barge, lighter, submarine, craft, hull, derrick, or object of whatsoever nature that the Government may direct, provided the Tug can lie always afloat except in harbors or waters where it is customary and safe in the port to work aground.

3. Tugs will be home berthed at Naval Station (NAVSTA) Norfolk. The Government may reassign the Tugs, on a temporary or permanent basis, to meet emergent requirements. The Tug shall remain on site at the berth assigned 24 hours a day, 7 days a week when not on mission, undergoing refueling or required at a shipyard.

PERIODS OF PERFORMANCE:

Period Length

(days) Option Notice

Date of

Commencement

Date of

Completion

Firm Period

01 February 2024 31 January 2025

Option Period One

(See FAR clause

52.217-9)

01 February 2025

31 January 2026

Option Period Two

01 February 2026

31 January 2027

Option Period Three

01 February 2027

31 January 2028

Option Period Four

01 February 2028

31 December 2028

4. CHARTER PERIOD. This Charter shall be for the periods designated in the table of Periods of Performance shown above, commencing upon the date shown or the Charterer's acceptance of the Tug(s), whichever occurs later, and continuing until either the date of completion or the completion of the voyage then current, at

Charterer's sole option. Each tug shall be considered to have separate performance periods. Any optional periods shall be stated in the contract; in addition, the Government shall have the Time Lost options as specified under this contract and an option to extend services as specified in this contract. All optional periods shall be in direct continuation. Options shall be exercised pursuant to FAR 52.217-9 or FAR 52.217-8 of this contract.

5. TIME LOST

(a) Tacking to the End of Charter Period. Any time lost by the Vessel during the term of this Charter

(including during any option period) due to breakdown of machinery, interference by authority, collision, stranding, fire or other accidents or damage to the Vessel; or repairs, inspections, overhaul and alterations, preventing the work of the Vessel, shall be added to the charter period at Charterer's sole option, declarable at least thirty (30) calendar days prior to the termination of the charter period. Hire for such additional declarable period shall be at the same rate as in effect as of the date said declaration was made.

(b) Excessive Time Lost. The Government may by written notice cancel this Charter or Contract at no cost to the Government whenever, in any given contract period, for any reason whatsoever, more than thirty days are lost except for time lost as a result of the causes set forth in the “War” clause of this contract. See clause

52.212-4. Failure to cancel this Charter after thirty days are lost shall be without prejudice to any other rights of the Charterer, or any later right of the Charterer to cancel this Charter Party.

(c) Relationship to Other Remedies. No remedy conferred by this paragraph upon the Charterer is intended to be exclusive of any other remedy, but every such remedy shall be cumulative and shall be in addition to every other remedy already conferred by this Charter Party now or hereafter existing at Law or in Equity or by statute.

6. PERFORMANCE PERIOD: The total performance period under this Charter Party contract shall not exceed

59 months.

DELIVERY / REDELIVERY:

Delivery/Redelivery Port Earliest Delivery Date Canceling Date See FAR 52.212-2

Notices of Redelivery

Date / Place

Norfolk, VA 1 February 2024 1 February 2024 7 days/Norfolk

7. DELIVERY.

(a) The Tug(s) and all Associated Equipment shall be delivered in the condition described below to the

Charterer at a port or place indicated in the above chart not later than 1600 hours local time (place of delivery) on the canceling date stated. The Contractor shall give written notice of readiness during office hours to the appropriate Government representative at the port or place of delivery on a working day

(Saturdays, Sundays, or other recognized weekly days of rest, U.S. Government holidays, and holidays observed at the delivery port, whether national or local, shall not be considered working days). Government inspection of the Vessel shall be completed within a reasonable amount of time thereafter, not exceeding twenty-four (24) hours after proper tender of the notice of readiness, (Saturdays, Sundays, or other recognized weekly days of rest, U.S. Government holidays, and holidays observed at the delivery port, whether national or local, excepted in the computation of said twenty-four hour period). Hire shall commence upon acceptance of the Tug(s) by the Charterer but not before the commencing date stated in the solicitation, unless approved in writing in advance by the Contracting Officer. Charterer shall have the liberty to cancel this Charter at no cost to the Government should the Tug(s) or Associated Equipment not be ready in accordance with the provisions hereof by the canceling date. Said cancellation is to be declared not later than twenty-four (24) hours after 1600 hours local time (place of delivery) on the stated canceling date. Nothing in this paragraph shall limit any remedy of the Government otherwise available at Law, in

Equity or under this Charter Party contract.

(b) Condition. The Tug(s) and all Associated Equipment shall be seaworthy, properly and efficiently manned and trained, equipped, supplied, and in every way suitable and adequately fitted for and in all respects ready for the service contemplated under this Charter Party. Any Associated Equipment shall upon delivery be as described in this Charter Party and all equipment shall be operable. The Owner shall exercise due diligence to maintain the Tug(s) and Associated Equipment in such state during the period of the Charter

Party.

8. REDELIVERY. Unless lost, the Tug(s) shall be redelivered at a port or place indicated in the above table.

Charterer shall notify Contractor of the place and date of redelivery no later than the time shown in the performance work statement.

AUTHORIZED TUGS:

Name Bollard Pull

Marci Moran 100,000 lbs. forward/stern and 65,000 lbs. side

Karen Moran 100,000 lbs. forward/stern and 65,000 lbs. side

Susan Moran 100,000 lbs. forward/stern and 65,000 lbs. side

Tracy Moran 100,000 lbs. forward/stern and 65,000 lbs. side

Wendy Moran 100,000 lbs. forward/stern and 65,000 lbs. side

Surrie Moran 100,000 lbs. forward/stern and 65,000 lbs. side

Patricia Moran 100,000 lbs. forward/stern and 65,000 lbs. side

Kerry Moran 100,000 lbs. forward/stern and 65,000 lbs. side

Z-One (Substitute Tug) 100,000 lbs. forward/stern and 65,000 lbs. side

Fort Bragg (Substitute Tug) 100,000 lbs. forward/stern and 65,000 lbs. side

None Submarine Fendered tug 100,000 lbs. forward/stern and 65,000 lbs. side

9. AUTHORIZED TUGS. The Tugs used for performance of this Contract shall be only those identified in the table above (to be filled in upon contract award), or any authorized substitutes provided in accordance with the

Substitution of Tugs clause of this Contract.

10. None Subfenedered tug can be used for emergency substituion in the event 3 or more tugs inoperable due to casualty at a reduced rate.

TUG SPECIFICATIONS AND CHARACTERISTICS:

11. The Tug(s) chartered under this Charter Party contract shall have the minimum characteristics as described in the tug characteristics chart shown below. Specifications and characteristics exceeding the minimum, if offered and accepted by the Government, are incorporated upon contract award.

TUG CHARACTERISTICS

MINIMUM VESSEL CHARACTERISTICS MINIMUM VESSEL CHARACTERISTICS

FLAG: USA CLASSIFICATION: Classed by an IACS recognized classification society (hull and machinery).

MAXIMUM DRAFT: 18 feet ENDURANCE: 8 days.

MAXIMUM BEAM: 50 feet BOLLARD PULL: Minimum 100,000 lbs.

forward/stern bollard pull and 65,000 lbs. of side bollard pull

TRANSIT SPEED: 10 Knots MAXIMUM FIXED AIR DRAFT: 24 ft. Tugs must be low profile, capable of laying alongside under the bow or stern flare as needed for power.

PASSENGER CAPACITY: 12 MAXIMUM LENGTH OVER ALL: 110 feet

BROW: One brow to allow for the safe transfer of two passengers at a time. The brow shall be a minimum two feet in width for the entire length to assure safe passage of personnel from the tug to the deck of all classes of submarines. The end of the brow shall be fitted with rubber-coated rollers to prevent metal-to-metal contact between brow and submarine deck; each side shall have handrails and mid-rails. The brow should be capable of being positioned in any direction in a 90-degree arc from abeam to straight astern.

SURFACE FENDERING: Gray bow fenders and gray or non-marking side fendering, clean and sufficient to prevent metal-to-metal contact with surface vessels.

SURFACE CONFIGURATION: Configured to prevent metal-to-hull contact with surface vessels.

SUBSURFACE FENDERING: Clean and sufficient to prevent metal-to-hull contact with sub-surface vessels.

Fendering should be firmly secured to vessel along entire length. Fendering includes propeller guards, if appropriate dependent upon tug type.

SUBSURFACE CONFIGURATION: Configured to prevent metal-to-hull contact with sub-surface vessels.

Configuration includes propeller guards, if applicable.

FIREFIGHTING: Each tug shall have sufficient fire monitors to provide 360-degree coverage at 3,000 gpm, 125 psi. Each station shall be equipped with 1.5” and

2.5” hose fittings. Fire-fighting system shall be capable of having AFFF injected into it for firefighting.

WINCHES/CAPSTANS: Sufficient fore and aft winches or capstans for services performed under this contract. Each winch shall have a minimum safe working load of 7,000 lbs. Each capstan shall have a minimum working load of 29,000 lbs. and 40 ft.

/minute pay-out/in-haul speed.

COMMUNICATION EQUIPMENT: Minimum required by the USCG and FCC for inland and international waters. In addition, systems shall include one two-way radio for communication on the following frequencies:

Narrow band and radio frequencies requirement are revised as follows:

Radio should be narrow band (NBFM) capable 25 watt output power 12.5 kHz channel spacing +/- 2.5 kHz FM modulation. As listed below 2 of the NNSY, frequencies have PL.

NSN

Port Ops 1 140.3500 MHz

Port Ops 2 148.5750 MHz

Port Ops 3 140.0000 MHz

Port Ops 4 141.5000 MHz

Deperming Sta. Lamberts Point

Degaussing 142.4125 MHz

JEBLCFS

NAB 1 139.6125 MHz

NAB 2 140.5375 MHz

NNSY

Pilot 142.9125 MHz PL 127.3

Tug 141.1000 MHz PL

Docking 149,6875 MHz PL 167.9

NWS Yorktown

Dock 148.1750 MHz

NAVIGATION EQUIPMENT: Minimum required by the USCG for inland and international waters.

OTHER EQUIPMENT: One (1) 12-foot aluminum ladder and one (1) 24 foot aluminum ladder.

SUBSTITUTION OF TUGS:

12. Substitution of tugs is authorized, but only for good cause shown and upon proper notice to the Government and approval of the Contracting Officer. Notice of intent to substitute by the Contractor shall identify the tug being substituted and the tug for which substitution is being made and shall provide the Contracting Officer with sufficient information on which to base a determination regarding good cause for substitution and the acceptability of the nominated substitute vessel. Notice shall be submitted in writing and shall be submitted sufficiently in advance to permit the Contracting Officer to make a reasoned determination regarding good cause and substitute tug suitability. If circumstances require oral notification, said notice shall provide all of the above required information and shall include a statement of circumstances that preclude a written notice prior to substitution. Confirmation of the information given in an oral notice shall be submitted to the Contracting

Officer in writing within forty-eight (48) hours of the giving of oral notification.

13. The Contractor shall fix and deploy a substitute Tug within a period of six (6) hours of submission of notice of substitution or within six (6) hours of the commencement of any off-hire whichever occurs first. (See “Off-hire and Loss of Vessel” paragraphs 27-30)

14. Any tug offered as a substitute shall have substantially the same characteristics, i.e., shall be similarly fitted and otherwise equal or superior in performance, as the tug for which substituted and shall be fully ready to perform in accordance with this Charter Party upon arrival at the Tow or other work site designated by Charterer. Any tug substituted under this Clause shall result in no cost increase for Charterer and substitution shall result in no operation delay for Charterer except as provided above. It shall not otherwise excuse any other performance required under this Charter party.

15. Contracting Officer's notice of acceptance or rejection of the substitute tug shall be made within reasonable time following Owner's nomination thereof, provided that the Contracting Officer is furnished sufficient information on which to base such a determination. Silence of the Contracting Officer shall not be construed as acceptance of any nominated tug.

16. Notwithstanding Charterer's prior acceptance of any substitute tug under this paragraph, Charterer may at any time reject any previously accepted substitute vessel if it is determined that the characteristics of that substitute tug were misrepresented by the Contractor or are otherwise unsuited to the requirements of this Contract.

TUG COMPLEMENT AND CREW:

17. The Master(s), Officers and entire crew shall speak English fluently and possess valid and current certificates, licenses, and documents. The Master, Officers and crew of the Tug(s) shall be appointed or hired by the

Contractor and shall be deemed to be the servants and agents of the Contractor at all times except as otherwise expressly specified in this contract. The Master(s) of the Tug(s) shall be under the direction of the Government as regards the employment of the Tug(s) under a given order, but shall not be under Government's orders as regards navigation, care, and custody of the Tug(s).

18. Physical security equipment required to meet port security plans shall be Contractor-furnished.

19. All Contractor employees shall wear a Contractor-furnished uniform with Contractor and individual identification clearly and permanently marked. Individual employee names shall be visible on front of outer clothing. Contractor name shall be visible on the upper back of uniforms.

20. All Contractor employees shall have in their possession photo identification at all times when working under this Charter Party Contract.

21. If the Charterer shall have reason to be dissatisfied with the conduct or performance of the Master, Officers, or crew, the Contractor shall, on receiving particulars of the complaint, investigate the matter and, if necessary to alleviate the cause of the complaint, make a change in personnel.

22. SECURITY CLEARANCES.

a. The Contractor shall obtain and maintain a secure (confidential) facilities clearance for the duration of this contract.

b. Tug(s) Master(s), Officers(s) and Crew(s) will obtain and maintain RAPIDGATE card(s) throughout their service under this contract.

c. Records maintained by the contractor will be stored in a secure area and personnel designated to maintain stored records will be required to obtain and maintain a confidential clearance for the duration of this contract.

d. All Contractor personnel are required to obtain access to the installation by participating in the Defense

Biometric ID System (DBIDS). Contractor personnel are to immediately report instances of lost or stolen badges to the COR.

e. DEFENSE BIOMETRIC ID SYSTEM (DBIDS). DBIS is a program in which Contractor

Personnel who enroll, and are approved, are subsequently granted access to the installation for a period up to one year, or the length of the contract, whichever is less, and are not required to obtain a new pass from the Base Pass and Identification Office for each visit. The Government performs background screening and credentialing.

Throughout the year, the Contractor employee must continue to meet background-screening standards. Periodic background screenings are conducted to verify continued DBIS participation and installation access privileges. Any time invested, or price(s) paid, for obtaining DBIS credentials will not be compensated in any way or approved as a direct cost of any contract with the Department of the Navy.

f. Contractor shall provide a list of all employees possessing a DBIDS card to include Name, date of issue and expiration date when requested.

TYPICAL SERVICES:

22. The following list is provided for illustrative purposes only and describes some of the services that may be performed as requested on the basis of a 24 hour per day, 365 day per year readiness, including but not limited to:

(a) Towing, twisting, mooring, berthing, docking, streaming, shifting, assisting, pulling, and escorting those vessel types identified below and miscellaneous other vessels, barges, submarines, crafts, hulls, sleds, derricks, lighters, and objects of whatsoever nature including anything carried thereon. Government reserves the right to use Government-owned or controlled Tugs or vessels separately or jointly with

Owner's Tugs in the performance of any services listed in this Contract;

i) The following is a list of vessel classes that are likely to be supported during the term of any contract resulting from this RFP. The list is for demonstration purposes only and is not a guarantee of vessel types to be supported and is not all-inclusive:

(1) T-vessels AGOS, AGS, AH, AKE, AKR, AO, AOE, ARS, AS, ASR, ATF, CG, CGN, CVN, DDG, FFG, IX, JHSV, LCS, LHD, LPD, LSD, MCM, MHC, PC, SS, SSBN, SSN, YC, YD, YO, YON,YP, foreign military vessels equivalent to any of the above;

(b) Transfers of pilots and Personnel by vessel;

(c) Tug emergency support services, including responses to weather conditions threatening vessels, piers, dry-docks, or shore facilities; shipboard fires; vessels aground; vessel equipment failures; downed aircraft; oil spills; missions of mercy; collisions; ammunition mishaps; and search-and-rescue operations and shipboard casualty or National Defense Emergency;

(d) Line handling; and

(e) Providing personnel (other than a riding crew) to go aboard a tow.

23. Contractor shall provide adequate staff and communications to promptly respond to Government's requests for services under this contract on a 24-hour per day basis.

OTHER SERVICES, RESPONSIBILITIES, PLANS AND REPORTS

24. DRY-DOCKING.

(a) Contractor, at its expense, shall dry-dock, clean and maintain the Vessel's bottom and propeller, and properly make all overhaul and other necessary repairs to maintain the Vessel in class, maintain the Vessel in compliance with this contract and its warranties above, and otherwise to keep the Vessel tight, staunch, and strong, and in thoroughly efficient order and condition. All towage, pilotage, fuel, gas-freeing if required, water, and other expenses incurred during dry-dock, and while proceeding to and from dry-dock shall be for Owner's account.

(b) All dry-dockings under this clause shall be scheduled with the Charterer and shall be subject to the Off-

Hire clause.

25. EMERGENCY SITUATIONS AND TRAINING. This paragraph shall be incorporated into this Contract

ONLY if the following is checked _XX_.

(a) General. In the event that the Owner is unwilling or unable to perform those duties as directed, or to timely respond to emergency situations, and upon determination by the Atlantic Fleet Commander

(COMUSFLTFORCOM) or his designated representative that the emergency so requires, the Owner agrees to relinquish custody and control of the tug(s) to the Government in order to allow the Government to respond to the emergency situation using the Owner’s tug(s)/equipment augmented in whole or in part by a

Government crew. Such determination shall be provided to the Tug Master or designated representative by the Contracting Officer or the Contracting Officer’s Representative (COR). The period of Government operation and control shall not exceed that time required to respond to the emergency and properly return the tug(s) to Owner’s control.

(b) Mitigation. Owner’s release of the tug(s) for emergency operation by the Government shall serve to mitigate Owner's liability, if any, under the Termination for Cause clause of this contract. See FAR

52.212-4. The value of the release of tug(s) to the Government shall be offset against the Contractor's liability under the Termination for Cause clause. During a period of partial or complete augmentation of crew by the Government, as a result of default, the Owner shall not be entitled to charter hire.

(c) Owner Responsibility. The Owner shall cooperate and provide assistance in reactivation of the tug(s) from cold iron and provide any other assistance directed by the authorized Government representative(s).

(d) Government Responsibility. The Government shall be responsible for loss or damage to the tug(s) during periods of complete crew augmentation by the Government. During periods of partial crew augmentation, the Government shall be liable for damages resulting from Government action in accordance with the

Federal Tort Claims Act.

(e) Condition of Default. Any failure, untimely response, or refusal to perform any of the services outlined in this contract may be considered a condition of default under this charter, unless otherwise excepted.

(f) Training. The Owner shall provide the use of the Tug(s) and master(s) and crew(s) to train Government personnel in the operation of the Tug(s) as directed in writing by the Contracting Officer or COR; said writing to be provided at least 24 hours in advance of the training. The training shall not be “crew augmentation” for purposes of subsection (f) (1) of this section. The Owner shall not be relieved of responsibilities under the section titled "CHARTER NOT A DEMISE" of this charter during training. See clause 52.212-4.

(1) Such training shall include, but not be limited to, the full operation of the tug(s) (e.g., reactivating from cold iron; underway operation; and towage of vessels/submarines). Training shall include hands-on exercises and shall be conducted to ensure that Government personnel are able to properly, effectively and safely augment or replace the Owner's crew. Training shall be of sufficient quality to allow for partial or complete augmentation of the contractor’s crew.

(2) Training shall take place during normal operating hours.

(3) Training shall be conducted to ensure that Government personnel are able to operate the tug(s) properly, effectively and safely in the event of an Emergency.

26. SHIP PHYSICAL SECURITY. The Owner will comply with and implement the Navy Force Protection and

Security requirements for the port in which it is docked or berthed (e.g. RAPID Gate Program). All costs shall be included in the basic hire, except for COR or Contracting Officer directed material purchases over $100 in total value, which shall be subject to the PASS THROUGH REIMBURSABLES Section of the Contract. See below paragraph 39.

OFFHIRE

27. GENERAL. In the event of the loss of time resulting from deficiency and/or default of men including but not limited to misconduct, illness, injury, strikes, labor disruptions, lockouts; deficiency of stores; fire; breakdown of or damage to hull, machinery, or equipment; collision; stranding; grounding; detention by authorities;

average accidents to Vessel or cargo unless resulting from inherent vice, quality, or defect of the cargo; repairs;

inspections; all dry-dockings including those for the purpose of examination/inspection or painting bottom but not for those dry-dockings under the Alterations clause contained herein; or deviation for the purpose of landing any ill or injured person on board other than any passenger, supercargo, or military personnel who may be carried at Charterer's request; or by any other cause whatsoever preventing the full working of the Vessel, the payment of hire shall cease for all time lost until the Vessel is again, at a position not less favorable to the

Charterer than that at which such loss of time commenced, ready and in a fully efficient state to resume her service. Should the Vessel deviate or put back during a voyage contrary to the orders or directions of the

Charterer for any reason, the hire is to be suspended from the time of her deviating or putting back until she is again, at a position not less favorable to the Charterer than that at which such loss of time commenced, ready and in a fully efficient state to resume her service. When the period of time lost to the Charterer on any one occasion is less than two (2) consecutive hours, the hire shall not be reduced for such period, provided no missions were missed during that period of time. Offhire is on a per tug basis. Offeror may be allowed to substitute a vessel in accordance with the Substitution clause.

28. COSTS FOR OWNER. The cost of fuel consumed while the Vessel is off-hire, as well as all port charges, pilotages, and other expenses incurred during such period and consequent upon the putting in to any port or place other than that to which the Vessel is bound, shall be borne by the Owner. All fuel used by the Vessel being driven into port or to shallow harbors or to rivers or ports with bars, the delay of the Vessel and/or expenses resulting there from shall be for Charterer's account.

LOSS OF VESSEL

29. LOSS OF VESSEL. Should a Tug be either lost or missing, or become a constructive total loss, the portion of the charter for such Tug shall terminate and hire shall cease to be payable at the time of the loss or, if said time is unknown, at the time of the Tug’s last received communication. If the Tug should be off-hire or missing when a payment of hire would otherwise be due, such payment shall be postponed until the off-hire period ceases or the safety of the Tug is ascertained, as the case may be.

30. DELAYS/EXCESSIVE FUEL CONSUMPTION. If upon any passage the Vessel fails to make the warranted speed or if her warranted fuel consumption exceeds that offered due to defect in or breakdown of any part of her hull, machinery, or equipment; casualty; or inefficiency of Master, Officers, or crew or their failure to proceed with utmost dispatch, and if the Vessel is delayed more than two (2) hours, provided no missions were missed during that period of time, the hire for the time lost and any cost of extra fuel consumed, if any, shall be borne by the Owner.

AVAILABILITY / NOTIFICATION / REQUESTS FOR SERVICES

31. AVAILABILITY. The tugs will be available 24 hrs/day, seven days/week and 365/366 days per year. After receiving a request for service from an authorized Government official (See “Requests for Services” below), the

Tug shall be fully crewed and ready for service in accordance with the notification times in the table below.

32. NOTIFICATION. When tug service is requested, service shall be provided within the time specified in the

“Required Response” boxes indicated below. A minimum response time of 15 minutes will apply to all eight

(8) tugs during straight time. All eight (8) tugs are to be available for overtime use. In overtime two of the tugs will be required to be on duty within 15 minutes while another tug will be required to be on standby within one

(1) hour. The remaining four (4) tugs will be required to respond to request for service during overtime within a minimum of 24 hours.

(a) For tug services requested without 24 hours’ notice after straight time hours, for tug in addition to the two

15 minute and the 1 one hours tug… The contractor is not required to provide a 4th-8th boat with the exception of emergencies.

Time Required Response

Straight-Time: An 11-hour period starting between

0500-1100 hours local time, Monday through Friday, except weekends and Federal Holidays as directed by the COR. The start of the straight time will be set on a daily basis by the COR with 24 hour notification.

15 minutes

Overtime: All hours not covered in straight time, and all weekends and Federal Holidays.

8 Tugs Total

24 hour minimum (5 tugs)

1 hour minimum (1 tug)- standby

15 minutes minimum (2 tugs)- duty

RATE STRUCTURE

33. This Charter Party contract has a daily hire rate structure as follows:

(a) DAILY HIRE RATE STRUCTURE

(i) Daily Hire: Except as otherwise provided herein, the daily hire rate shall be considered payment in full for all services of the Tug and Associated Equipment and all other requirements under this Charter

Party contract, including, but not limited to 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 the nominal carriage of ammunition and hazardous cargoes. Unless a separate overtime rate is offered, the Daily Hire rate shall also be considered payment in full for all overtime, including but not limited to crew overtime or penalty time required for the making up or breaking of tows. This Rate does not include port charges or the price that the Contractor pays for fuel.

(ii) Overtime: The overtime rate is the hourly differential to be added to the daily hire rate and shall cover all additional costs for operating the Tug during the overtime periods and shall be prorated to the nearest quarter-hour.

34. The rates to be paid under this Charter Party contract, as offered and accepted at the time of award, are provided in the table, Price Sheet, which shall be filled-in by the Government at the time of award.

REQUESTS FOR SERVICES

35. Requests for services within the scope of this Charter Party contract may be issued by:

a) Contracting Officer; or

b) Port Operations Officer, or his /her designee; or

c) Contracting Officer’s Representative (COR).

GOVERNMENT PROVIDED SERVICES / FACILITIES

36. The Government shall provide the following to the contractor during period(s) of service:

(a) Dockage and hotel services (electricity, water and sewage)

(b) Parking space for three (3) vehicles per tug

(c) Office space

(d) Storage space (approx. 200 sqft.)

POINTS OF CONTACT

37. CONTRACTING QUESTIONS:

(a) Contracting Officer, Carley Orvin, COMSC N103 (757) 341-4628

(b) Contract Specialist, David Hamilton, COMSC N103 (757) 443-5916

(c) Contracting Officer’s Representative, CNRMA Jeffery Rule, (757) 322-2913

38. OPERATIONAL QUESTIONS:

(a) Technical POC, Iben Gantt, PM41, (757) 443-2711

(b) Project Manager, Tim Vickers, PM41, (757) 341-6824

39. PASS THROUGH REIMBURSABLE EXPENSES

(a) The Government will reimburse the Contractor only for the actual price paid for those supplies and services that are expressly identified as reimbursable items by this contract. “Actual price" paid by the Contractor for such supplies and services, includes tax paid, if any, and reduced by any and all credits and rebates, whether accrued or realized, associated with the supplies and services provided. “Actual price” does not include material handling charges, overhead, general and administrative costs, profit, or any other indirect cost that is in any way associated with the Contractor’s purchase or provision of such supplies and services.

The parties expressly agree that the offered and accepted daily rate includes all costs incurred or paid by the

Contractor, including but not limited to material handling charges, overhead, general and administrative costs, or profit, that are in any way associated with the Contractor’s purchase or provision of such supplies and services.

(b) To be eligible to receive reimbursement for services and supplies identified in this contract as reimbursable items and obtained in support of this contract, the Contractor must obtain at least three quotes for each transaction in excess of $3,000 to ensure that adequate price competition was sought or the Contractor must provide an acceptable justification as to why it was impracticable to do so. In the case of fuel purchases, unless directed otherwise by the Contracting Officer, the Contractor shall provide the documentation listed in subparagraphs (i) through (iii) below to the Contracting Officer for approval prior to purchasing fuel.

For purchases of services and supplies other than fuel, the Contractor need provide the aforementioned documentation only when requested by the Contracting Officer. The Contractor shall maintain documentation of all reimbursable purchases until three years after the contract is completed and shall provide access to and copies of such documentation when requested by the Contracting Officer.

(i) A description of the supplies or services to be subcontracted

(ii) Identification of the proposed subcontractor and price

(iii) Suppliers contacted and price quotes. Include other pertinent data such as price lists used if suppliers were not contacted and information regarding the selection if other than price-related factors were considered

(c) The Contracting Officer may reduce the reimbursement by any amount above that which the Contracting

Officer finds, in his/her sole discretion, is greater than that which is fair and reasonable for the supplies or services provided, giving due consideration to the facts and circumstances prevailing at the time that the

Contractor procured the supplies and services. Disputes as to the amount by which any reimbursement is reduced shall be resolved in accordance with the “Disputes” clause of the contract. It shall be the

Contractor’s burden to demonstrate that the price it paid for reimbursable supplies and services was fair and reasonable.

(d) When the Contractor expects total funding expended for reimbursable items to reach 85 percent of the total funds available on each Reimbursable Supplies and Services CLIN, the Contractor shall notify the

Contracting Officer and the COR and any other Government official identified by the Contracting Officer.

The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule. The Contractor shall not exceed or incur costs that exceed the amount of funding stated on each Reimbursable Supplies and Services CLIN at the time a reimbursable item is ordered.

(e) The Government is not obligated to reimburse the Contractor for otherwise reimbursable supplies and services in excess of the funded amount stated in the Schedule under each Reimbursable CLIN.

(f) The Contractor is not obligated to continue performance of any reimbursable work under this Contract or otherwise incur costs for reimbursable supplies or services in excess of the funded amount stated in the

Schedule under each Reimbursable CLIN unless the Contracting Officer notifies the Contractor that the funded amount stated in the Schedule under the applicable Reimbursables CLIN has been increased.

Notification shall be in writing. In the event notification is made orally, such notification shall be followed up in writing within two working days.

(g) No notice, communication, or representation from any person other than the Contracting Officer shall affect the Government’s obligation to reimburse the Contractor.

(h) Change orders shall not be considered an authorization to exceed the funded amount stated in the Schedule under the Reimbursable CLIN unless they contain a statement expressly increasing the funded amount of the Reimbursables CLIN by a sufficient amount to cover the change order.

40. FUEL.

(a) Delivery Bunkers. Upon delivery of the Tug, the Owner shall present to the Contracting Officer a statement certified by the Owner or its authorized agent showing the amount and grade of fuel on board at the time of delivery with such additional verification as the Contracting Officer may require. The Charterer shall pay for the on-hire bunker survey if performed by an independent surveyor and required by the

Contracting Officer.

(b) Provision of Fuel. The Charterer shall ordinarily supply or cause to be supplied any or all of the DFM

(F76) grade fuels required by the Vessel during the period of this Charter. For charters six months or more, the Government shall be responsible for any fuel testing. For charters less than six months, the Owner shall be responsible for any fuel testing. Testing laboratory confirmation of compatibility and specifications of newly on-board delivered fuel shall constitute acceptance by Owner. The Vessel shall not be off-hire in the event of delay resulting from the supply of fuel found to be off specification, unless for want of due diligence by Owner. If the Owner loads such fuel on the Vessel at his own expense, the Charterer shall reimburse the Owner the reasonable expenses of such loading.

(c) Owner’s Purchase of Fuel. The Owner shall, if directed by the Charterer, purchase fuel for the Vessel, in which case the Charterer shall, in accordance with the Pass Through Reimbursables clause of this PWS, reimburse the Owner the price paid for all fuel (excluding lube oils) procured by the Owner and loaded in the Vessel during the period of this Charter. Such direction of the Charterer shall be limited to individual fuel purchases and the total amount reimbursable by the Charterer for purchase of fuel and any reasonable expenses paid for loading the fuel aboard the Tug(s) s shall not exceed the funding obligated and available under the fuel CLIN or subCLIN at the time the fuel is purchased. Reimbursement shall be paid only upon presentation of properly certified vouchers, supporting receipts, and other documentation, which justify the charges as fair and reasonable. The Owner shall in no event be reimbursed any amount in excess of the current market price of such fuel and reasonable expenses. The title to all fuel of which the Owner is entitled to be reimbursed hereunder shall automatically pass to and vest in the Charterer upon delivery to the Owner or upon the happening of any other event by which title passes from the vendor or supplier thereof to the Owner. The Charterer shall be afforded all benefits of Owner's contracts for its fuel requirements, including but not limited to any savings addressed in contract section titled Savings.

(d) Off-Hire – Fuel. If the Tug should go off-hire during the period of this Charter, the Owner shall present to the Contracting Officer a statement certified by it or its authorized agent showing the amount of fuel on board at the time the off-hire period commenced and the amount of fuel on board when the off-hire period ended. The Charterer shall be credited for the cost of the fuel consumed during the off-hire period and also reasonable expenses incurred in loading such fuel, with such costs based upon costs at the previous refueling point.

(e) Redelivery. Upon redelivery of the Tug, the Charterer shall ensure that the amount of fuel on board the tug is equal to the amount on board at delivery. The Owner shall present to the Contracting Officer a statement certified by the Owner or its authorized agent showing the amount of fuel on board at the time of redelivery. A bunker survey conducted by an independent bunker surveyor approved by the Charterer shall be performed at the port of redelivery or such other place, as the Charterer shall direct, at Owner's time and expense.

(f) Reasonable Expenses. The term "reasonable expenses" as used in this paragraph, shall mean all reasonable direct expenses paid, excluding crew overtime, which are necessarily incurred in loading said fuel on board the Tug such as: expenses incurred at tanker terminal; loading fuel from lighters, barges, or other craft used as lighters, including lighterage, lighter demurrage, or detention incurred; shifting lighters for the convenience of the Tug; handling lighter lines; and such similar expenses which the Charterer shall find were necessary to pay for the loading of fuel on the Tug(s) during the period of this Charter.

END OF PERFORMANCEWORK STATEMENT