Professional Documents
Culture Documents
Maritime Support Vessel Requirements
Maritime Support Vessel Requirements
5. DATE ISSUED
4. TYP E OF SOLICITATION
[ ] SEALED BID (IFB)
3. SOLICITATION NO.
N00033-13-R-2015
7. ISSUED BY
OF
P AGES
See Item 7
TEL: 202-685-5947
P AGE
126
15 Nov 2012
[ X ] NEGOTIATED (RFP )
8. ADDRESS OFFER TO
CODE N00033
RATING
CODE
TEL:
FAX: 202-685-5966
FAX:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9. Sealed offers in original and
copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if
until 02:00 PM local time 17 Dec 2012
handcarried, in the depository located in
(Date)
(Hour)
CAUT ION - LAT E Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and
conditions contained in this solicitation.
10. FOR INFORMATION A. NAME
CALL:
MARGARET METZ
(X) SEC.
X
X
X
X
X
X
X
X
A
B
C
D
E
F
G
H
C. E-MAIL ADDRESS
margaret.metz@navy .mil
DESCRIPT ION
PART I - THE SCHEDULE
SOLICIT AT ION/ CONT RACT FORM
SUPPLIES OR SERVICES AND PRICES/ COST S
DESCRIPT ION/ SPECS./ WORK ST AT EMENT
PACKAGING AND MARKING
INSPECT ION AND ACCEPT ANCE
DELIVERIES OR PERFORMANCE
CONT RACT ADMINIST RAT ION DAT A
SPECIAL CONT RACT REQUIREMENT S
1-2
3 - 21
22 - 50
51
52 - 54
55 - 58
59 - 67
68 - 88
DESCRIPT ION
PAGE(S)
PART II - CO NTRACT CLAUSES
X
I CONT RACT CLAUSES
89 - 95
PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS
X
J LIST OF AT T ACHMENT S
96
PART IV - REPRESENTATIO NS AND INSTRUCTIO NS
REPRESENT AT IONS, CERT IFICAT IONS AND
X
K
97 - 106
OT HER ST AT EMENT S OF OFFERORS
107 - 122
X
L INST RS., CONDS., AND NOT ICES T O OFFERORS
X
123 - 126
M EVALUAT ION FACT ORS FOR AWARD
AMENDMENT NO.
FACILIT Y
DAT E
AMENDMENT NO.
DAT E
20. AMOUNT
22. AUTHORITY FOR USING OTHER THAN FULL AND OP EN COMP ETITION:
10 U.S.C. 2304(c)(
41 U.S.C. 253(c)(
CODE
IT EM
EMAIL:
CODE
IMPORT ANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable
33-134
N00033-13-R-2015
Page 2 of 127
Section A - Solicitation/Contract Form
PREAMBLE
N00033-13-R-2015
Page 3 of 127
Section B - Supplies or Services and Prices
SPECIALTIME BOXES
SPECIALTIME BOXES
Vessel(s):
Owner Name:
Owner DUNS:
Owner CAGE:
Owner TIN (and TIN of
parent, if applicable):
Solicitation Number:
N00033-13-R-2015
1. Vessel Required:
TBD (TBD)
2. Place/Range of Delivery:
Little Creek, VA
4. Charter Period
5. Laydays:
The firm period of the Charter shall commence following Commencing: 28 September 2013
the conclusion of the approximately 204 day ramp-up
Cancelling: 30 September 2013
period, and conclude approximately twelve (12) months
after contract award. The Charter shall also include four Laydays may be changed after award.
(4) one-year option periods.
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Vessel:
7. Vessel/Flag/Year Built:
10. Owner (style, address, phone, cell phone, pager, e-mail, 11. Broker (address, phone, e-mail, fax)
fax)
12. Remittance address for hire (if other than box 10)
N00033-13-R-2015
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Vessel:
USD per
diem
USD per
diem
REDUCED OPERATIONAL
STATUS RATE
(ROS LESS THAN 10 DAYS)
19A.
USD per
diem
REDUCED OPERATIONAL
STATUS RATE
(ROS LESS THAN 10 DAYS)
19B.
USD per
diem
REDUCED OPERATIONAL
STATUS RATE
(ROS LESS THAN 10 DAYS)
19C.
REDUCED OPERATIONAL
STATUS RATE
(ROS LESS THAN 10 DAYS)
19D.
REDUCED OPERATIONAL
STATUS RATE
(ROS LESS THAN 10 DAYS)
19E.
RESERVED
20A. N/A
RESERVED
20B. N/A
RESERVED
20C. N/A
RESERVED
20D. N/A
RESERVED
20E. N/A
N00033-13-R-2015
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$
$
$
$
$
$
NOTE: As defined in the cancellation clause in Section H-43, cancellation fees shall not include the cost of vessel
modifications.
Ramp-Up Period:
Program Management Support for Ramp-Up Period (see Sections B-2.1 and C-2.0): Program management
support for the time charter ramp-up period, as described in Section C-2.0, shall be payable at the firm-fixedprice daily rate listed below.
Program Management Support
Vessel Modifications (See Sections B-2.2 and C-2.10): Modifications necessary to meet the vessel requirements
shall be payable at the firm-fixed-price sum listed below.
Vessel Modifications
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Vessel(s):
GENERAL
25. Vessel type and, if applicable, MARAD design type:
26. Place built:
b. (m)
38. Reserved
40. Summer mean draft:
a. (ft)
b. (m)
42. Displacement, loaded (on draft in Box 34):
a (LT)
b. (M)
44. Shaft Horsepower/kilowatts
a. (hp)
b. (kW)
41. Reserved
43. Summer Load Line Freeboard:
a. (ft)
b. (m)
45. Brake Horsepower/kilowatts
a. (hp)
b. (kW)
47. Number of persons other than crew that can be
carried:
Yes
No
N00033-13-R-2015
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Vessel(s):
GEAR
54. Number/location/SWL capacity of winches, derricks, booms, and cranes
CASUALTIES/DEFICIENCIES
55. Has vessel been involved in any serious grounding or collision within a period of twelve months from the submission
date of this proposal? (include full description if "yes")
56. Are any deficiencies lodged by any regulatory body outstanding against the Vessel (include full description if "yes")
N00033-13-R-2015
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Vessel(s):
61. Auxiliaries underway fuel consumption (net bbls at 60 62. Inport fuel consumption (net bbls at 60 deg F and
deg F and grade(s), only if not elsewhere identified)
grade(s))
FUEL CONSUMPTION AT VARIABLE SPEEDS
63: Average fuel consumption (net bbls at 60 deg F for all grades and all engines/auxiliaries utilized while underway
over moderate-weather passages
63A: Grades Consumed:
63 B. LADEN TO SUMMER MARKS
Knots
Net bbls
Net bbls
(NM)
per mile
per day
01>
02>
03>
04>
05>
06>
07>
08>
09>
10>
11>
12>
13>
14>
15>
16>
17>
18>
19>
20>
21>
22>
23>
24>
25>
Operating
Range
N00033-13-R-2015
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Vessel(s):
FUEL GRADE
64. Minimum vessel fuel specifications
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Vessel(s):
Box #
CONTINUATION
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SECTION B
SECTION B
B-2
RAMP-UP PERIOD
B-2.1 Program management support. Program management support for the time charter ramp-up
period, described in Sections C-2.1 through C-2.9, shall be payable at the applicable firm-fixedprice daily rate stipulated in Box 22. The program management support daily rate shall be
considered payment in full for the services outlined in Sections C-2.1 through C-2.9.
B-2.2 Vessel Modifications (see Section C-2.10). Modifications to the vessel necessary to meet
the vessel requirements described in Section C and referenced Attachments shall be payable at
the applicable firm-fixed-price sum stipulated in Box 22 and shall be earned upon delivery of the
vessel. Any modifications directed by the Contracting Officer prior to delivery of the vessel, in
accordance with Section G-3, that are not described in Section C shall be considered ramp-up
period reimbursable items.
B-3
B-4
CHARTER HIRE
B-3.1
Hire Rates. Charter hire for services under this Charter Party shall be payable at the
applicable rates stipulated in Boxes 1819 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, 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. Said hire rates are exclusive of the
costs of fuel, port charges, and all other reimbursables, which are addressed at Section
H-20(Fuel) and H-30 (Port Charges and Expenses), respectively, and throughout the
contract.
B-3.2
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 Vessels 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. If the Vessel
should be off hire or missing when a payment of hire would otherwise be due, payment
shall be made for all hire due for the charter period until the Vessel was lost or the last
communication was received. Thereafter, payment shall be postponed until the off-hire
period ceases or the safety of the Vessel is ascertained, as the case may be.
B-3.3
Port Operations Coordinator (POC). POC support for all regularly scheduled and
unscheduled inport periods, as described in Section C-4.8.2, shall be included in the
daily hire rate of each performance period under this Charter Party.
N00033-13-R-2015
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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.
EXP Type
25223
25224
25225
25226
25226
21011
31012
2522K
26054
26053
B-5
Description
Agent Fees
Pilot
Tugs
Security - Pierside
Security - Shipboard
Travel
Equipage
Other Port Charges
IFO Fuel
MGO Fuel
SubCLIN Suffix
DEFGHIJKLM-
CLIN STRUCTURE
The CLIN structure may be unilaterally changed by the Government at any time to accommodate
the funding format.
FUNDING INFORMATION ONLY
(To be completed by the Government after contract award)
CLIN/SubCLIN DESCRIPTION
0001
FIRM PERIOD RAMP-UP PROGRAM
MANAGEMENT SUPPORT
0001AProgram Management Support for Ramp-Up
Period
0002
FIRM PERIOD RAMP-UP
REIMBURSABLES
0003
FIRM PERIOD VESSEL
MODIFICATIONS
0003AVessel Modifications
0004
FIRM PERIOD CHARTER HIRE
0004AFOS Rate:
0004BROS <10 days Rate:
0005
FIRM PERIOD REIMBURSABLES
0006
FIRM PERIOD PORT OPERATIONS
COORDINATOR
0007
OPTION ONE CHARTER HIRE
0007AFOS Rate:
0007BROS <10 days Rate:
0008
OPTION ONE REIMBURSABLES
0009
OPTION ONE PORT OPERATIONS
COORDINATOR
0010
OPTION TWO CHARTER HIRE
0010AFOS Rate:
AMOUNT
See Below
TBD
TBD
See Below
TBD
See Below
TBD
TBD
TBD
NSP
See Below
TBD
TBD
TBD
NSP
See Below
TBD
N00033-13-R-2015
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0010B0011
0012
0013
0013A0013B0014
0015
0016
0016A0016B0017
0018
ITEM NO
0001
SUPPLIES/SERVICES
QUANTITY
1
UNIT
Dollars,
U.S.
TBD
TBD
NSP
See Below
TBD
TBD
TBD
NSP
See Below
TBD
TBD
TBD
NSP
UNIT PRICE
NET AMT
AMOUNT
N00033-13-R-2015
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ITEM NO
0002
SUPPLIES/SERVICES
QUANTITY
UNIT
Dollars,
U.S.
UNIT PRICE
AMOUNT
NET AMT
ITEM NO
0003
SUPPLIES/SERVICES
QUANTITY
1
UNIT
Dollars,
U.S.
UNIT PRICE
AMOUNT
NET AMT
ITEM NO
0004
SUPPLIES/SERVICES
QUANTITY
1
UNIT
Dollars,
U.S.
UNIT PRICE
NET AMT
AMOUNT
N00033-13-R-2015
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ITEM NO
0005
SUPPLIES/SERVICES
QUANTITY
UNIT
Dollars,
U.S.
UNIT PRICE
AMOUNT
NET AMT
ITEM NO
0006
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
NET AMT
AMOUNT
N00033-13-R-2015
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ITEM NO
0007
SUPPLIES/SERVICES
QUANTITY
1
UNIT
Dollars,
U.S.
UNIT PRICE
AMOUNT
NET AMT
ITEM NO
0008
SUPPLIES/SERVICES
QUANTITY
UNIT
Dollars,
U.S.
UNIT PRICE
AMOUNT
NET AMT
ITEM NO
0009
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
NET AMT
AMOUNT
N00033-13-R-2015
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ITEM NO
0010
SUPPLIES/SERVICES
QUANTITY
1
UNIT
Dollars,
U.S.
UNIT PRICE
AMOUNT
NET AMT
ITEM NO
0011
SUPPLIES/SERVICES
QUANTITY
UNIT
Dollars,
U.S.
UNIT PRICE
NET AMT
AMOUNT
N00033-13-R-2015
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ITEM NO
0012
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
NET AMT
ITEM NO
0013
SUPPLIES/SERVICES
QUANTITY
1
UNIT
Dollars,
U.S.
UNIT PRICE
AMOUNT
NET AMT
ITEM NO
0014
SUPPLIES/SERVICES
QUANTITY
UNIT
Dollars,
U.S.
UNIT PRICE
NET AMT
AMOUNT
N00033-13-R-2015
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ITEM NO
0015
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
NET AMT
ITEM NO
0016
SUPPLIES/SERVICES
QUANTITY
1
UNIT
Dollars,
U.S.
UNIT PRICE
NET AMT
AMOUNT
N00033-13-R-2015
Page 21 of 127
ITEM NO
0017
SUPPLIES/SERVICES
QUANTITY
UNIT
Dollars,
U.S.
UNIT PRICE
AMOUNT
NET AMT
ITEM NO
0018
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
NET AMT
AMOUNT
N00033-13-R-2015
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Section C - Descriptions and Specifications
SECTION C
C-1.0 GENERAL
C-1.1 Scope of Work/Mission. The following paragraphs outline the capability requirements necessary
for the Maritime Support Vessel (MSV) to execute assigned tasking in accordance with (IAW)
commanders guidance.
C-1.2 Overview. Military Sealift Command (MSC) requests a U.S. flagged vessel which shall function
as a Maritime Support Vessel (MSV). The vessel shall serve host to fifty (50) Sponsor personnel with
the ability to surge an additional one hundred fifty-nine (159) personnel, for a total of two hundred nine
(209) Sponsor personnel, within twenty-four (24) hours notice. The vessel shall maintain sufficient
stores onboard to support the crew and fifty (50) Sponsor personnel for a minimum of forty-five (45)
days without resupply. Additionally, the vessel shall have sufficient storage capacity to support at sea
operations for all two hundred nine (209) personnel for a minimum of forty-five (45) days without resupply. The vessel shall be Underway Replenishment (UNREP) (Fueling at Sea (FAS) and Vertical
Replenishment (VERTREP)) capable to include fuel and supplies with the standard Coalition/USNS
logistics ships in order to extend operations for a maximum of ninety (90) days. The vessel shall support
launch, recovery, refueling, and resupply of small crafts, provide organic force protection and perform
stowing, transport, launch/recovery, re-fueling of manned and unmanned rotary wing aircraft. The vessel
shall provide equipment stowage, messing, berthing, administrative/operational space, maintenance
space, emergency towing, and logistics services in support of operations. The contractor shall
independently operate all deck equipment to include the craft handling/launching systems.
C-1.3 Operational Support. Services shall include but not be limited to the following:
a.
b.
c.
d.
e.
C-1.4 Operational Control (OPCON). IAW with existing MSV Deployment Order (DEPORD).
C-1.5 Area of Operations. Worldwide.
C-1.6 Operating Tempo (OPTEMPO).
a.
b.
c.
d.
e.
C-1.7 Ship Clearances. The Government will secure diplomatic clearances and operational area
clearances when and where required.
N00033-13-R-2015
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C-2.0 PROGRAM MANAGEMENT SUPPORT FOR RAMP-UP PERIOD. The Contract shall
include a separate CLIN for the ramp-up period that shall commence upon award and end upon delivery
of the vessel, at which point charter hire will begin. The requirements of Sections C-2.1 through C-2.9,
below, apply to the ramp-up period and shall be included in the ramp-up period firm-fixed-price daily
rate. Section 2.10, Pre-delivery Modifications, will also occur during the ramp-up period and shall be
payable upon delivery of the vessel, at the firm-fixed-price sum stipulated in Box 22. The Government
reserves the right to include additional ramp-up period requirements, to be reimbursable in accordance
with Section G-7. The requirements described in Sections C-2.1, C-2.6, C-2.7, C-2.8, and C-2.9, below,
in addition to being required during the ramp-up period, will continue to be required throughout all time
charter periods. Sections C-2.1, C-2.6, C-2.7, C-2.8, and C-2.9 shall be included in the ramp-up period
firm-fixed-price daily rate, and shall also be included in the contracted charter hire rates for the time
charter periods.
C-2.1 Maintenance, Control and Administration of GFE. The Contractor shall maintain all GFE in
Attachment 1 unless otherwise directed and or annotated. Maintenance of GFE is not reimbursable under
this contract. Repair of GFE is considered reimbursable if the COR determines that the failure was not
the result of the contractors failure to maintain equipment or was not otherwise the result of negligence
on the part of the contractor. The contractor shall also ensure appropriate control procedures are in place
for accountability of all GFE.
C-2.2 Warehouse Requirements. The Government will deliver GFE to be installed by the contractor
prior to delivery. The contractor shall store the GFE sent to the contractor in a warehouse or other secure
facility. Government personnel shall have access to the facility upon request.
C-2.3 Office Space at the Shipyard. The contractor shall provide a private office facility and
conference room space, equipment and supplies for use by the Government during the vessel
modification period. The contractor provided facilities for use by Government personnel shall be
exclusive from the contractors personnel. The office and services described herein shall be provided
twenty-four (24) hours/day, seven (7) days/week. Offices shall be land based, air conditioned, heated
and located near the ship and other shipyard shops and offices.
C-2.4 Production Chart, Project, Planning and Production Status Monitoring Reports. Within ten
(10) days after award of contract, the contractor shall prepare and submit to the Contracting Officer a
Production Chart clearly indicating planned start date, planned completion date, and planned manning for
each item of the specification for contractor and subcontractors. The contractor remains responsible for
providing the production chart based upon input from the subcontractors. The contractor shall be
required to submit the production chart to the Contracting Officer on a weekly basis beginning one (1)
week after initial delivery (10 days after award) and until successful delivery of the vessel. The
production chart shall include all ship modifications, and regulatory body (US Coast Guard (USCG),
American Bureau of Shipping (ABS), NAVAIR) approval processes and how they are tracking to
estimated completion dates.
C-2.4.1 Pre-delivery Survey/Sea Trials. The contractor shall include a two-week period at the end of
the ramp-up period and prior to delivery of the vessel to allow for a Government inspection of all
modifications as well as sea trials while transitioning to the delivery port. All costs associated with this
pre-delivery/sea trial period, as well as any additional vessel modifications discovered during this period
that are necessary for the vessel to meet the requirements of the contract, shall be for the contractors
account. Any vessel modifications directed by the Contracting Officer that are not included within the
requirements of the contract shall be payable under Ramp-Up Period Reimbursables.
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C-2.5 Meetings. The contractor shall be prepared to support weekly meetings on site to provide review
of shipyard modification progress.
C-2.6 Certifications. The contractor shall obtain and maintain the required aviation facilities flight deck,
launch and recovery system, and/or heavy lift crane certifications. The vessel shall be inspected or
certified by the USCG under Sub Chapter I and classed by ABS (A1 AMS) or International Association
of Classification Societies (IACS) member classification society.
C-2.7 Quality System. The contractor shall develop and maintain a certified safety management system
which fulfills the requirements of the International Maritime Organizations (IMO) International Safety
Management Code (ISM). This system can be developed and implemented in conjunction with the
contractors existing Quality System or an internationally accepted and certified system. The contractor
shall obtain and maintain ISM certification both ashore (Document of Compliance) (DOC) and afloat
(Safety Management Certificate) (SMC) for the ship from a USCG approved certifying body. The DOC
and SMC shall be in place at delivery. The COR may inspect these systems to ensure compliance.
C-2.8 Manning Plan. The contractor shall submit a manning plan illustrating the crew level to meet all
mission/Government requirements including crewing requirements mandated by the USCG under 46
CFR 90 (Subchapter I) with its proposal and a copy of the final plan within 30 days after award.
C-2.9 Personnel Contingency Plan. The contractor shall develop a contingency plan adequate to ensure
that there will be no interruption of operations and maintenance service due to labor disruption within the
service provider's own labor force. The contingency plan must also include a plan to address substitution
of personnel when qualified/trained personnel are not available due to leave, sickness, death, etc. The
contractor shall submit the plan to the Contracting Officer thirty (30) calendar days after contract award.
C-2.10 Pre-delivery Modifications. During the pre-delivery ramp-up period, the Contractor is required
to perform all modifications necessary to meet the requirements of the RFP. As part of the modification
process, the Contractor is required to install the GFE referenced in Section C and Attachment 1 without
Government support. However, the Government intends to provide technical direction in support of the
installation of GFE while the Contractor performs vessel modifications necessary to meet contractual
requirements (Note: In accordance with Section G-3, technical direction as described herein shall not
constitute any change in price). Installation of GFE included in Section C and Attachment 1 shall be
included in the performance schedule documented in accordance with Paragraph F-2.
C-3.0 VESSEL REQUIREMENTS.
C-3.1 Vessel Characteristics.
C-3.1.1 Minimum Range. 8,000 nautical miles (NM)
C-3.1.2 Maximum Draft. 30 ft
C-3.1.3 Maximum Length. 700 ft
C-3.1.4 Minimum Vessel Speed. 20 knots sustained for five (5) days (120 hours).
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C-3.1.5 Seakeeping/Station Keeping. The vessel shall be able to maintain course and speed in storm
conditions of 50 knot winds and/or seas of up to 20 foot significant wave height. Vessel shall support
small craft launch and recovery operations up to and including seas described in Attachment 3.
Alongside refueling operations with small craft shall be conducted in maximum sea conditions described
in Attachment 3. The vessel shall be required to loiter for long periods of time as a re-supply station for
small crafts. The vessel shall have the capability to maintain directional stability below two knots.
C-3.1.6 Endurance. The vessel shall maintain sufficient stores onboard to support the crew and fifty
(50) Sponsor personnel for a minimum of forty-five (45) days without resupply. Additionally, the vessel
shall have sufficient storage capacity able to support at sea operations for all two hundred nine (209)
personnel for a minimum of forty-five (45) days without re-supply. The vessel shall be Underway
Replenishment (UNREP) (Fueling at Sea and Vertical Replenishment) capable to include fuel and
supplies with the standard Coalition/USNS logistics ships in order to extend operations for a maximum
of ninety (90) days.
C-3.1.7 Fuel. The vessel shall be capable of burning diesel fuel in order to receive fuel during FAS.
C-3.2 Vessel Operations.
C-3.2.1 Helicopter Facilities. The helicopter facilities shall meet the requirements of Aviation
Attachment 4 to achieve a NAVAIR Level I, Class 2 certified facility (day and night IMC (Instrument
Meteorological Conditions) landing facilities with service but no maintenance facilities) for the
following aircraft: MH6, AH6, MH47G, MH60K, MH60L, MH60M, UH60L, CH47 D-F, OH58D,
AH64 A-D, MV/CV 22, HH60H, HH60J-T, SH60 B-F, MH60R, MH60S, and the MH53E. A recovery
assist, securing, and traversing system (RAST) is not required. The flight deck, aircraft parking areas,
and hangar deck shall withstand the landing loads and parking loads associated with moderate and
storm sea conditions (sea state 5) for all aircraft identified above.
The contractor shall provide helicopter facilities with the ability to simultaneously launch/recover two
(2) MH-60 class or one (1) CH-53E class helicopter with clear, unobstructed vertical airspace.
Helicopter facilities shall comply with the requirements of USCG Navigation and Vessel Inspection
Circular No. 9-81 for day and night landings with instrument meteorological conditions (IMC) for the
following aircraft: MH6, AH6, MH47G, MH60K, MH60L, MH60M, UH60L, CH47 D-F, OH58D,
AH64 A-D, MV/CV 22, HH60H, HH60J-T, SH60 B-F, MH60R, MH60S, and the MH53E.
The flight deck shall also meet NAVAIR requirements for Level I, Class 4, Special Type 2 vertical
replenishment operations (VERTREP) for the H-60 series, CH-53K, H-46, CH-47, and V-22 aircraft.
The contractor shall provide adequate tie-down locations for an Unmanned Aerial Vehicle (UAV) and
all rotary wing aircraft shall be restrained in sea state 5. The flight deck must be reachable by material
handling equipment in order to move equipment (5,000 lb pallet) to below deck storage areas. The
contractor shall provide all necessary yellow gear to move equipment and aircraft around the flight
deck.
The Government may take delivery of the vessel prior to the flight deck receiving certification if the
delay in certification is caused by the Government and if the contractor is able to demonstrate that the
vessel, as delivered, is constructed to meet Aviation Attachment 4 requirements, NAVAIR 4.8.2.5 Air
Capable Ship Aviation Facilities Bulletin No. 1M requirements, and USCG Navigation and Vessel
Inspection Circular (NVIC) flight deck requirements.
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However, the aviation facility must be inspected and certified to Level 1, Class 2 by NAVAIR by the end
of the first option period. Should the aviation facility fail to achieve certification to Level 1, Class 2 by
NAVAIR by the end of the first option period, and the delay in certification is not caused by the
Government, a deduction of 10% will be applied to the daily charter hire rate until certification is
achieved.
C-3.2.2 Craft Launch/Recovery Systems. The contractor shall provide four (4) launch and recovery
systems to launch and recover up to 12.5m x 3m craft with a minimum draft of 2m. The launch and
recovery system shall be capable of lifting and supporting 30,000 pounds per craft and shall meet the
requirements of the ABS Guide for Certification of Lifting Appliances (latest revision), including the
requirements for personnel lifting. The contractor shall be able to launch two (2) manned craft in 20
minutes. The maximum speed for the vessel when conducting launch and recovery is 10 knots,
depending on the launch and recovery mechanism used; the minimum speed for the vessel when
conducting launch and recovery is 1-2 knots.
The contractor shall also provide:
Two (2) 110v 30A and outlets near the launch and recovery system. Each outlet shall be
sealed to prevent salt water intrusion.
Freshwater supply/hose near the launch and recovery system.
Craft fueling capability at each launch and recovery station.
Capacity for 8,000 gallons MOGAS
C-3.2.3 Jet Ski Launch and Recovery System. The contractor shall utilize the Craft Launch and
Recovery Systems to launch and recover four (4) Jet Ski sized craft and a Zodiac F470 craft.
Launch and recovery system must include adjacent stowage positions for up to four (4) Jet
Ski craft and four (4) Zodiac F470 or a combination of the two (2), no greater than eight (8)
total.
C-3.2.4 Enclosed Craft Storage/Work Area. The contractor shall provide a covered storage area with
a minimum of:
18 ft height, with minimum 30 ft opening to accommodate eight (8) craft up to 12.5m x 3m,
one (1) 10m craft, four (4) Jet Ski craft and four (4) Zodiac F470.
Must be adjacent to the craft launch and recovery systems to allow for easy transfer and
movement of personnel and equipment and ease of maintenance.
Must be sealed from the outside environment to prevent saltwater or outside air intrusion into
the space.
No portion of the interior may be visible to any outside observer.
500 sq ft mechanic workspace with workbench, modular drawer storage cabinets (Vidmar or
equal), electrical outlets, and compressed air.
300 sq ft secure communications storage and coxswain electronics maintenance space.
Exhaust fans to allow removal of craft engine exhaust and to facilitate the drying of craft and
equipment.
5 ft of clearance shall be provided around the front and back of each of the eight (8) craft.
220 V 30A and 110 V 30A outlets in craft storage / work areas.
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(coastal Marine 1G4-150S7-16-40, or equal) located aft of the receiver probe for inhaul of hose
messenger and span wire. A ship's fuel FAS receiving connection shall be provided at the receiving
station and shall be capable of receiving ship's fuel at a rate of 3,000 gpm at a minimum riser pressure of
40 psig. The connection shall terminate in an 8-in flanged gate valve in a vertical riser above the deck
and a flanged 90-degree elbow, approximately 2 ft above the deck. The elbow shall have a inch test
valve connection and a tapped boss with a plug for attaching to a pressure gauge. A JP5 receiving
connection shall be provided at the receiving station in accordance with NTTP 4-01.4 Underway
Replenishment section 3.11 2 inch Auxiliary Hose Rig (Under Fuel Stream Rig) and shall be capable
of receiving JP5 at a rate of 250 gpm. The connection shall terminate in a 2 inch flanged valve in a
vertical riser above the deck with a flanged 90-degree elbow and a D2 nozzle receiver. The elbow shall
have a inch test valve connection and a tapped boss with a plug for attaching to a pressure gauge.
C-3.2.7 Small Boat and Aviation Fuel Capacity. The contractor shall provide multiple JP5 fueling
station(s) in close proximity to the craft launch and recover station and flight deck with an overall
capacity of 150,000 gal of JP5 fuel. The contractor shall provide the required hoses and nozzles
C-3.3 Habitability/Arrangements.
C-3.3.1 Sponsor Berthing/Living Spaces. The contractor shall provide berthing/habitability
accommodations for two hundred seven (207) Sponsor personnel in accordance with Attachment 2.
Adequate showers/heads shall be provided. All accommodations shall be air conditioned and heated.
The contractor shall ensure all heating, ventilation, and air conditioning (HVAC) systems for all
Government living spaces shall be designed in accordance with Society of Naval Architects and Marine
Engineers (SNAME) Technical and Research Bulletin 4-16, except that the design shall be based on 105
degrees F ambient air and 95 degrees F sea water temperature. These design parameters should also be
factored into the design of any systems using seawater or ambient air as a heat transfer medium. In
addition, each room shall require two (2) LAN drops.
The contractor shall make available self-service laundry facilities. The contractor shall provide
commercial grade heavy duty machines to accommodate two hundred seven (207) Sponsor personnel.
Laundry facilities will be available at all times and will include a sufficient amount of cleaning supplies,
iron, ironing board and ironing board cover.
C-3.3.2 Government Office/Work Spaces. The contractor shall provide the following work spaces.
Unless otherwise specified, the contractor shall ensure adequate cooling, and office lighting with
dimmers shall be installed. HVAC systems shall be designed and installed using SNAME Technical and
Research Bulletin 4-16 as a standard except that the design shall be based on 105 degrees F ambient air
temperature and 95 degrees F seawater temperature. Unless otherwise specified, the contractor shall
install all equipment to be located in each space. For spaces that must be built to Intelligence
Community Directive (ICD 705) standards, the contractor shall install all required items to support SCIF
certification to include, alarms, locks (tumbler and applicable cipher locks), security devices and
curtains.
C-3.3.2.a Conference Room. The contractor shall furnish a dedicated and lockable planning
conference room (SCIF capable, built to ICD 705 standards), with a lockable communications storage
closet. All power shall include surge protection and automatic switching (ATS) to uninterrupted
power source (UPS) for backup. The space shall accommodate forty (40) personnel and the systems
and equipment listed below. The contractor shall install all required GFE hardware mounting and
support structures for the TV monitors, Video Teleconference (VTC) equipment, radios,
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computers/planning systems, phones and associated cable runs. The contractor shall provide the
support cable runs and mounting platform for Global Command Communication System (GCCS) and
Joint Battle Viewer (JBV) common operating systems.
Item
Thirty-five (35) workstations
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Power, 110 VAC, and at least 20 standard outlets, each output needed shall be capable of a
minimum of 20 amps.
One (1) contractor provided modular drawer storage cabinet (Vidmar or equal), approx 30" x
32"
Ten (10) 30A circuits (Contractor Furnished Equipment - CFE)
Four (4) 20A circuits (CFE)
Surge protected power outlets/strips to support GFE computers and electronic equipment
(CFE).
Radio Interface System (RIOS) from Communication room to Conference Room.
Feed from vessel gyro
C-3.3.2.c Support Rooms. Two (2) rooms (SCIF capable, built to ICD 705 standards) capable of
supporting thirty (30) personnel each and their workstations. The rooms should be partition able,
allowing for personnel to create four (4) total spaces, with each space supporting fifteen (15)
workstations. Each of the two (2) rooms shall include tables, chairs, and sufficient power to support the
following GFE:
Item
Two (2) GFE TV monitors (greater than 50)
Thirty (30) GFE workstations
GFE VTC suite
Two (2) GFE printers
One (1) GFE shredder
One (1) GFE large format plotter / printer
Additional support
requirements
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(approximately 7 ft long)
LAN drops
C-3.3.2.d Workout Rooms. The contractor shall provide a minimum of 2,600 sq. ft. for a workout
room. The space requires an overhead height of 9 feet or greater. The room must be uninterrupted by
walls with flat decking to support continuous use of space. Decking must be of sufficient strength to
support and secure heavy exercise equipment and withstand repeated impacts from heavy weights.
Require 24 electrical receptacles placed throughout the space
Four (4) Greater than 50" TV Screens/Monitors (GFE)
Two (2) separate LAN drops
The contractor shall also provide a minimum of 600 sq ft of open space to be used as a workout space.
The space requires an overhead height of 9 feet or greater. The room must be uninterrupted by bulkheads
with flat decking to support continuous use of space.
C-3.3.2.e Aircraft Maintenance Planning Space. The contractor shall provide one room in close
proximity to the aircraft hangar that can be used for aircraft maintenance planning. Space shall be sized
to support ten (10) personnel. Space shall include tables, chairs, and multiple power outlets/strips to
support the following:
Six (6) Workstations to accommodate twelve (12) GFE laptop computers, printers, and
phones. Each workstation shall have two (2) LAN drops.
C-3.3.2.f Aircraft Maintenance Work Space. The contractor shall provide a room in close proximity
and on the same level as the aircraft hangar that can be used for aircraft maintenance in accordance with
NAVAIR 4.8.2.5 Air Capable Ship Aviation Facilities Bulletin No. 1M. Space shall be sized to support
ten (10) personnel and their workstations. Space shall include tables, chairs, and multiple power
outlets/strips to support the following GFE:
Six (6) Workstations to accommodate twelve (12) GFE laptop computers, printers, and
phones. Each workstation shall have two (2) LAN drops.
C-3.3.2.g Departmental Storage Spaces. The contractor shall provide:
Six (6) 100 sq ft departmental storage spaces for tools, parts and equipment.
Seven (7) 160 sq ft rooms or one (1) space capable of being divided into seven (7) 160 sq ft of
segregated/caged spaces.
Spaces must have a minimum ceiling height of 9 feet.
Spaces shall include a minimum of four (4) each power circuits to support GFE, lighting and
receptacles (115VAC, 20A).
C-3.3.2.h Staff Work Space. The contractor shall provide a total of five (5) adjacent work rooms
connected by a common passageway as outlined below:
Two (2) sleeping quarters, in addition to those described in Attachment 2. Each of the
sleeping quarters shall be sound proofed, 8x8 berthing space with one (1) single bunk per
sleeping space.
Two (2) adjacent rooms, each furnished with a table and four (4) chairs (CFE), with adequate
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space to fit six (6) personnel comfortably. These adjacent rooms shall also be sound
proofed.
One (1) office space. The office space shall be SCIF capable, built to ICD 705 standards and
contain the following:
o Eight (8) workstations, eight (8) chairs, and appropriate electrical/wiring requirements.
o Sixteen (16) LAN drops
C-3.3.2.i Operations Space. The contractor shall provide a space (SCIF capable, built to ICD 705
standards) that is no more than 100' (measured by cable pathway) from the flight deck and the 72"(w) x
36"(h) and 34" antenna masts. The space must be large enough to facilitate operation of two (2) EUAS
Ground Control Stations (GCS), and to accommodate four (4) personnel. Each GCS setup consists of:
ten (10) drops for computers and two (2) drops for GFE printers.
C-3.3.2.j Expeditionary Unmanned Aircraft System (EUAS) Maintenance Office/Work space. The
contractor shall provide one (1) room with direct access to the aircraft hangar that can be used for aircraft
maintenance planning. The space shall be sized to support six (6) personnel. The space shall include
two (2) work benches, two (2) desks, chairs, and the following: six (6) LAN drops for computers, printers
and phones.
C-3.3.2.k Equipment Ready Room. The contractor shall provide a secure space to accommodate readyto-use equipment for a minimum of sixty (60) personnel. The room shall be located in close proximity
with access to the flight deck, craft launch and recovery area, armory, supports, and conference rooms.
Footlockers. The contractor shall provide individual footlockers (6Hx2Wx2L) for easy
access to personnel equipment stowed in ready-to use configuration
Two (2) workstations for GFE computers and phones along with LAN drops
One (1) GFE 50 TV screen
GFE provided GPS repeater
C-3.3.2.l Aviation Gear Storage Room. The contractor shall provide a secure space to accommodate
aviation gear for a minimum of sixty (60) personnel. The room shall be located in close proximity with
access to the flight deck, craft launch and recovery area, armory, supports, and conference rooms.
Footlockers. The contractor shall provide individual footlockers (6Hx2Wx2L) for easy
access to personnel equipment stowed in ready-to use configuration
Two (2) workstations for GFE computers and phones along with LAN drops
GFE provided GPS repeater
C-3.3.2.m Medical Space. The contractor shall provide a medical space where the primary focus shall be
support of a surged Surgical Response Team (SRT). The secondary focus shall be support of shipboard
medical clinic operations run by an independent duty corpsman or civilian equivalent. Specifics are as
follows:
Surgical Tables. The contractor shall support two (2) GFE surgical tables (moveable) with 5
feet of free space on each side (sides, head, foot) of the surgical tables.
Exam Tables. The contractor shall support two (2) GFE exam tables (moveable) with 3 feet of
free space on each side (sides, head, foot) of the exam tables.
Access. The contractor shall ensure the double doors to the medical space permit easy-open
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C-3.3.3.c.1 Charging Room. The contractor shall provide space to accommodate the following
equipment:
Two (2) Compressors, 4,000 psi/15 SCFM minimum, AMU approved with AMU filtration
system
Charging station
Ability to charge Standard Navy Double Lock (SNDL) recompression chamber (located near
the Oxygen (02) safe room)
Two (2) oxygen transfer pumps with shipboard air connection with dehydrator
Two (2) dip tanks (3'x 4' x 3' deep)
C-3.3.3.c.2 Oxygen (O2) Safe Room. The contractor shall provide a ventilated space with tables for
Self-Contained Underwater Breathing Apparatus (SCUBA) rig maintenance and SCUBA rig set up. The
space shall accommodate the following equipment:
Storage racks for K bottles, 10 x 02, 10 x He02
Soda Sorb storage (5 gal buckets; up to fifty (50) buckets stored at one time)
Mk 16 02/He02 bottle storage racks (twenty (20) bottles minimum)
Lar V 02 bottle storage racks (20 min)
Capable of embarking, housing, and support for a Standard Navy Double Lock (SNDL)
recompression chamber (20L x 8W x 8H)
Dive Locker space
Work space with workbench and four (4) LAN drops along with two (2) GFE provided
computers, power and lighting.
C-3.3.3.c.3. Drying Room.
Located near the 02 safe room and craft launch and recovery area, sufficiently sized, drying
room with industrial strength de-humidifying system(s), two (2) industrial fans, compressed
air hoses, and fresh water rinse capability.
Must support quick drying of gear for a minimum of sixty (60) personnel.
The ship shall provide proper external drainage which must be valve controllable to allow for
manual opening/closing of drains.
C-3.3.3.c.4 Battery Room.
200 sq ft Battery Charge locker with air supply and exhaust capable of maintaining the
temperature at 65 degrees (not to exceed 90 degrees), measuring roughly 60" x 24".
Four (4) 120VAC 30A or 220VAC 20A outlets dedicated for battery chargers (220VAC is
preferred due to stability)
Hydrogen gas monitor
FM200 Clean agent fire extinguishing system
C-3.3.3.c.5 Electronic Maintenance Space.
300 sq ft work space for electronic technicians to perform maintenance on GFE.
Access to 110v power source.
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Five (5) modular drawer storage cabinets (Vidmar or equal) to secure maintenance related
supplies
10,000 lb hoist or crane.
C-3.3.3.c.6 Electrical Power. The following power connections shall be made available in the area:
Two (2) 400 A 460-480V 3 Ph circuit breakers
Four (4) 25A 110V 1 Ph circuits with retractable 75ft reels
C-3.3.3.c.7 Dive Locker Service Air. The dive locker shall provide air meeting the following
specifications:
Dew point no higher than 40 deg F
Air at no less than 120 psi and 105 SCFM continuously
Be filtered to at least 0.1 micron particle size
C-3.4 Miscellaneous.
C-3.4.1 Internal Communications. The contractor shall provide space and power for mounting a GFE
encrypted 800 MHz radio repeater system, including thirty (30) radios. The contractor shall provide
internal-communications system (phone system) in each work and berth space. The contractor shall also
provide a shipboard alarm & announcing system (1 MC).
C-3.4.2 External Communications. The contractor shall provide space and power for mounting GFE
antennas that provide 360 degrees of azimuth and 90 degrees of elevation signals coverage. All Radio
Frequency (RF) cable runs shall be 100' or shorter. For RF cable distances greater than 100, cable run
segments may be connected by means of another approved electronic device in order to prevent signal
degradation. Cableways shall allow watertight cable runs from the primary communications space to
each antenna location. The contractor shall provide adequate conduit either through the mast or down
the mast to protect cabling from the elements. The contractor shall ensure there are enough power
connections to meet requirements while allowing for future expansion.
C-3.4.3 Network Requirements/Access. In accordance with cable separation requirements, the
contractor shall install fiber optic cables and CAT6E and conduit for three (3) independent networks
originating in the communications/server room GFE server racks and terminating in wall mounted GFE
half racks located in office spaces and/or workstations/desks as needed throughout the ship (pending ship
layout). Half racks with independent 20 amp circuits shall be capable of holding three (3) GFE switches
and contain three (3) GFE CAT6E patch panels. CAT6E patch panels shall extend contractor installed
GFE CAT6E in order to terminate in the contractor installed CAT6E workstation outlets. Each
workstation shall have three (3) RJ-45 outlet boxes, one for each classification of network, one (1) RJ-45
port per network and a four-plug 20A outlet for computers peripherals.
C-3.4.4 Required Antennae Mounting. The contractor shall provide the following:
C-3.4.4.1 Aircraft Antenna.
One (1) contractor manufactured mast and mounting plate with 110V/60Hz power supply
sufficient for 360 degree horizontal and 90 degree vertical coverage for a 72"(w) x 36"(h)
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parabolic antenna (GFE) (rotating parabolic dish antennae, weight = 200 pounds, power =
110V/15 A).
One (1) contractor manufactured mast and mounting plate for 34" antenna (GFE), No
electrical power required with same field of regard requirements as above. Both antennae
require direct line of sight to the flight deck and no blockage to facilitate 360 degree
coverage.
One (1) contractor manufactured plate on the port or starboard yardarm for one (1) GFE 24in
long whip antenna.
One (1) contractor provided Land Mobile Radio(LR 400) ultra flex cable with N type
connector (both ends) to the primary communications room
One (1) contractor manufactured plate for one (1) GFE 192mm dia/10lb antenna
One (1) GFE provided cable from the top of the mast to the primary communications room
C-3.4.4.2 Other Antennas.
Two (2) contractor manufactured masts each with a platform for mounting Omni directional
on one and a Very High Frequency (VHF) /Ultra High Frequency (UHF) Direction Finding
(DF) array on the second. As well as the ability to mount flat panel directional antenna on
to the mast itself.
o These masts and platforms need to have a physical separation from the ships
communications systems and radars
o Both masts should have platforms that measure a minimum of 24"x24"
o Both posts leading to the platforms shall have GFE directional flat panel antennas
o Both shall require GFE removable RF transparent radomes
o RF Cable runs:
Require a minimum of ten (10) RF cables capable 100MHz to 3GHz be run from the
Antenna mounts to the equipment spaces
Terminating in a patch panel to allow for system switch outs and modifications
In-line amps for cable runs greater than 33 feet.
o Install a GPS repeater system in the equipment spaces to alleviate many cables and
antenna requirements
C-3.4.4.3 Antenna #1. (30" antennae, weight 200 pounds, 110V/15A power, requires minimal
blockage to facilitate as close to 360 degree coverage as possible between both antennas):
Two (2) GFE antennas with contractor manufactured stands
Two (2) contractor provided LMR 400 ultra flex cables run to the primary communications
room
Two (2) contractor provided CAT6E run to the primary communications room
Two (2) contractor provided fiber runs as a redundancy to GFE run proprietary fiber
Two (2) contractor provided 110V power sources run to the two (2) GFE UPS located in the
electronics void
One (1) contractor manufactured mounting pedestal (48"H x30"W x 30"L) capable of
housing an antenna on top and an antenna power case inside. The pedestal shall have an
access door (38"Hx23"W) to an internal, climate controlled space to house the power case.
C-3.4.4.4 Antenna#2. (30" antenna, weight 200 pounds, 110V/15A power, requires minimal blockage
to facilitate as close to 360 degree coverage as possible):
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Contractor shall fabricate any mast mount required from mount down into the Conference
Room as well as run video cable from the Conference Room to the bridge.
FLIR cameras are to be mounted far enough away from exhaust stacks and any other heat
producing elements to prevent camera interference.
C-3.4.4.16 Global Broadcast System (GBS). (30" antenna, weight 200 pounds, 110V/15A power,
requires minimal blockage to facilitate as close to 360 degree coverage .as possible):
One (1) GFE antenna with contractor manufactured stand
One (1) contractor provided LMR 400 ultra flex cables run to the primary communications
room
One (1) contractor provided CAT6E run to the primary communications room
One (1) contractor provided fiber runs as a redundancy to GFE run proprietary fiber
One (1) contractor provided 110V/15A power source run to the GFE UPS located in the
electronics void
One (1) mounting pedestal (48"H x30"W x 30"L) capable of housing an antenna on top and
an antenna power case inside. The pedestal shall have an access door (38"Hx23"W) to an
internal, climate controlled space to house the power case.
C-3.4.4.17 TACAN (very top of mast with attached lightning rod).
One (1) GFE antenna with contractor manufactured stand
One (1) contractor provided 7/8" helix cable run with N type connectors on both ends
One (1) contractor provided power source (110V/440V as applicable)
C-3.4.5 Physical Security. COMSCINST 5530.3A series establishes minimum physical security
standards for all ships. The Master is responsible for the safety and security of his ship and crew and
must ensure that appropriate members of his crew receive adequate shipboard and, when required, formal
training to carry out these requirements. Except as otherwise noted herein, all costs for physical security
shall be deemed to be included in the per diem charter hire rate.
C-3.4.6 Force Protection Space. The contractor shall provide surface areas to post a minimum of six
(6) GFE weapons mounts (to support 360-degree overlapping fields of fire) in support of the requirement
force protection posture. The contractor shall provide platforms and applicable armor as required to
provide personnel protection for the maximum of up to a 7.62mm armor piercing rounds.
C-3.4.7 Alarm/Intrusion Detection System. The contractor shall provide visual and audible alarm
protection to the Conference Room, Communications Center and Ready Service Lockers (RSLs).
Installation shall consist of sensors connected at each door of the operations and communication centers
and attached spaces. The contractor shall provide a remote alarm monitoring station that shall be located
within the communications center with a back-up system for the RSLs/ordnance magazines located on
bridge. The Government will equip each RSL with required sensors if RSLs are installed on an internal
deck of the vessel and the contractor shall install alarms as required.
C-3.4.8 Security Locks. The contractor shall install GSA-approved security locks on all Government
work spaces, staterooms, medical spaces, storage vans, and other Government spaces.
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C-3.4.9 Alarm and Announcing (1 MC) System. The contractor shall install an alarm and announcing
system throughout the ship to include messing and berthing areas. The announcing system must be able
to select an announcing template that sounds throughout the ship but does not sound in berthing areas.
C-3.4.10 Floodlights. The contractor shall provide an adequate amount of floodlights to illuminate the
waterline 360 degrees out to 50 yards around the vessel for force protection measures. All infrared,
green, and flood lights must have dimmers or other similar control to lower light intensity.
C-3.4.11 Security Cameras. The contractor shall provide and install a mounted Closed-Circuit
Television (CCTV) camera system, capable of degree/pan/tilt/zoom, day/night use, and record capable, in
sufficient number to provide a 360-degree, unobstructed view of the ships sides and high activity areas,
to allow observation of high risk activities such as flight deck operations and craft launch/recovery
operations.
C-3.4.12 Water Supply. The contractor shall provide a minimum of 22,500 gallons per day of potable
water production to support sponsor personnel and crew living onboard and 6,000 gallons per day of
fresh water for wash down of embarked equipment, gear and machinery. The Contractor shall also
provide a reserve potable water capability in case their primary system is unavailable due to a major
casualty.
C-3.4.13 Ships Crane. The vessel shall have a minimum 15 ton ships crane capable of supporting 24hour crane services in support of Government requirements. This crane shall be separate from the Craft
Launch and Recovery System.
C-4.0 OPERATIONAL SUPPORT REQUIREMENTS.
C-4.1 Conduct Operations. The contractor shall operate and navigate the ship safely in support of
Government operations.
C-4.2 Material Handling Operations. The contractor shall be responsible for the receipt, loading,
storage and discharge of materials and stores pertaining to shipboard day-to-day operations. The
contractor shall assist in loading, storage, and discharge of materials and stores for Government. The
contractor shall arrange for any shore-side equipment if required for load/discharge operations.
C-4.2.1 Rigging Equipment. The contractor shall provide sufficient rigging equipment to support
Sponsor (helicopter and craft) operations.
C-4.3 Lifesaving Equipment. The contractor shall operate all lifesaving support systems in accordance
with manufacturer's instructions at the time intervals and frequencies as required. Lifesaving support
systems include, but are not limited to, life rafts, davits, winches, and craft engines.
C-4.3.1 Safety Drills. The contractor shall conduct all regulatory drills required. Government personnel
will participate in all regulatory drills.
C-4.4 Support Sponsor Craft Operations. The contractor shall support all small craft, including jet skis
and zodiac boats, launch and recovery operations.
C-4.5 Not Applicable
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C-4.6 Operation of Systems. The contractor shall operate all vessel systems to provide main and
auxiliary propulsion, navigation, maneuvering, deck operations, and services to the Government to
support the mission equipment, hotel services, and emergency operations.
C-4.7 Agents. The contractor shall arrange for any agency services required for the continued operation
of the vessel. These agents serve as agents of the contractor only and are not agents of the Government.
The contractor shall submit to the Government the name of each agent it proposes to employ. The
Government retains the right to disapprove proposed agents and to require removal of an agent whose
performance the Contracting Officer finds to be unsatisfactory.
C-4.8 Port Visits.
C-4.8.1 Port Management. In order to ensure that the logistic needs of the Sponsor are met, it is critical
that the contractor effectively manage port visits. The contractor shall arrange for all services in port,
which include, but are not limited to, tugs, liberty support, embarking and escorting visitors, vehicles,
telephones, pilots, shore power, potable water, trash and garbage removal, oily waste removal, sewage
removal, hazardous materials removal, and line handlers. The contractor may use Government
contractors (e.g., Husbanding Service Providers (HSPs)), when available, for port or agent services prior
to using commercial sources if it is more cost effective to do so. If utilization of Government contracts
for agent or port services would adversely impact the mission of the ships, the contractor shall notify the
Contracting Officer prior to utilizing commercial sources.
C-4.8.2 Port Operations Coordinator (POC). The contractor shall provide a Port Operations
Coordinator who is available to meet the vessel at every regularly scheduled and unscheduled inport
period. The POC shall be required to travel up to seven (7) days in advance of the vessels arrival to
begin making logistic arrangements. In the case of unscheduled inport periods, the POC shall meet the
ship as soon as feasible. The POC shall be responsible for coordinating vessel and sponsor logistics
arrangements and/or services, to include the efficient purchase of fuel (see Section H-20.4). The POC
shall work closely with the Sponsor logistics coordinator to ensure each inport period is supported in a
timely and satisfactory manner.
The costs associated with the POCs wages shall be included in the fixed-price charter hire rates. For
planning purposes, the POC position shall require a minimum of one (1) full time personnel devoted
solely to this contract. The contractor shall submit consent requests for the POCs travel expenses. The
contractor shall be reimbursed for actual transportation costs, lodging, meals and incidental expenses
associated with the POCs travel in accordance with Section G-7. The contractor shall not exceed rates
estimated in the Joint Travel Regulation (JTR) for all travel reimbursement costs. Reimbursement for
airfare shall not exceed the lowest customary standard, coach or equivalent airfare offered during normal
business. The contractor will not be reimbursed for travel expenses unless records for transportation
contain evidence, such as original receipts substantiating actual costs incurred for travel. Actual costs
shall be considered reasonable, allowable, and reimbursable (in accordance with Section G-7) only to the
extent that they do not exceed on a daily basis the maximum per diem rate in effect at the time of travel
as set forth in the Federal Travel Regulation, Joint Travel Regulations, and the Standardized Regulations
as set forth in FAR 31.205-46.
C-4.8.3 Port Charges and Expenses. The Government shall reimburse the contractor for cost of loading
and unloading equipment, canal tolls, port/local taxes (provided the contractor exercises due diligence in
seeking on behalf of the Government immunity from such due taxes), entering/leaving port fees, customs
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broker fees, pilotage (when customary or required to transit a hazardous or restricted area or body of
water), pilotage or towage in connection or towage in connection with bunkering, ballasting or shifting
berths pursuant to Government orders and any other similar port charges for ports visited at Government
direction except as any of the foregoing pertains to the Master, officers, and crew. The Government shall
reimburse the contractor for cost of port services associated with supporting Government mission
operations. The Government shall not reimburse the contractor for expenses incurred by the contractor
for services rendered for the convenience of the ship, its crew, or in connection with the contractors
business such as fees of underwriters, or expenses in moving the ship about the port to obtain stores or
provisions, or transporting crewmembers for relief or convenience purposes.
C-4.8.4 Emergency Procurements. The contractor shall provide emergency procurement and travel
support to the Sponsor on a reimbursable basis upon written request of the OIC or sponsor logistics
coordinator, not to exceed $10,000 without Contracting Officer approval. Reimbursement for emergency
procurements will be handled in accordance with G-7.
C-4.8.4.1 Emergency Supplies and Technical Services. The contractor shall make emergency
purchases of supplies, parts, or other items for the Sponsor and services (technical representatives or
otherwise) upon written request of the OIC or sponsor logistics coordinator. Procurements are limited to
$10,000 per incident. The contractor must receive direction from the Contracting Officer for Sponsorrelated emergency procurements in excess of $10,000 prior to procurement action. Documentation for
reimbursement of items greater than $10,000 shall include copies of required notification and direction.
Notification of all emergency procurements by the Sponsor must be emailed to the COR and/or KO
within 24 hours of the request.
C-4.9 Provide Maintenance Support. As a result of high OPTEMPO it is imperative the contractor
perform predictive, preventative and corrective maintenance as required to maintain the vessel's
equipment and systems in a high state of readiness in addition to maintaining the vessel in class at all
times. The contractor shall arrange for the discharge of all Government small craft bilge waste. The
contractor shall support repairs up to and including small craft engine swap. The contractor shall
provide, operate, and maintain a fork lift (or pallet jack in conjunction with crane access) capable of
removing a 1-ton craft engine on a pallet from an ISU-90 container and moving the engine to anywhere
within the open deck space area. If, for any reason, emergent maintenance actions should render the
vessel unable to get underway or render Sponsor equipment (launch/recovery, cranes, or helipad)
inoperable, the contractor shall immediately notify the Government (COR, Sponsor and Contracting
Officer) and include an estimated time until the vessel will be able to get underway or the Sponsor
equipment is repaired.
C-4.10 Personnel.
C-4.10.1 Contractor Personnel. If for any reason the Government is dissatisfied with the qualifications,
conduct or performance of any person employed the contractor, the Contracting Officer will provide
particulars to the contractor who shall promptly and independently investigate and take immediate
corrective action.
C-4.10.2 Operational Responsibilities. The Master of the vessel shall be responsible at all times for the
safety of the vessel and all on board. The Master of the vessel shall be responsible for meeting overall
schedule requirements. The Master shall work closely with the officer-in-charge (OIC) to ensure the
mission is met. The Master of the vessel shall be under the direction of the Operational Commander with
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regards to the employment of the vessel, but shall not be under orders as regards safe navigation, care and
custody of the vessel, and care and safety of equipment, gear, and persons onboard.
C-4.10.3 Functional Relationship. A healthy functional relationship between the contractor personnel
(officers and crew) and the Sponsor is extremely critical. It is essential that the Master and Sponsor
appreciate their individual responsibilities and dependence upon each other for attainment of the overall
objective. A cooperative partnership between the two entities must be maintained at all times. The
attitude of the partnership developed between the two must extend to and be shared by all concerned.
The Master and Government shall jointly prepare for all operations concerning the vessel.
C-4.10.4 On-Board Government Personnel. During operations there will be a minimum of fifty (50)
and a maximum of two hundred seven (207) Sponsor personnel on board. The Officer in Charge (OIC)
will serve as the primary point of contact between the Government, onboard Sponsor personnel, and the
contractor. The OIC is responsible for all Government personnel assigned to the vessel; logistics for all
Government personnel and equipment; and working with the contractor (Master) to develop mission
plans and plans of the day.
C-4.10.5 Irreconcilable Differences. Irreconcilable differences between shipboard personnel and the
Government regarding operations or other matters arising under this charter shall be fully documented
and reported, by letter, message, or E-mail as appropriate, to the Contracting Officer for resolution.
C-4.10.6 Vessel Crewing. The vessel shall be crewed to safely and efficiently operate the vessel,
operate deck equipment and small craft, flight deck operations and perform mission operations on a
twenty-four (24) hour basis as described herein. The vessel must be manned to accomplish at a minimum
two (2) simultaneous Sponsor operations. Examples of simultaneous Sponsor operations include: (1) helo
operations and boat launch and recovery, (2) UNREP and helo operations, and (3) UNREP and
VERTREP. Additionally, crewing for voyages shall be in accordance with USCG Subchapter I
certification and shall be maintained throughout the charter period. Licensing, STCW endorsements, and
documentation are required in accordance with USCG regulations as applicable to the vessels type, size,
class, and service. The Master, officers, and crew shall possess valid and current licenses, certificates,
and documents for the capacity in which each is employed. At all times while underway, the contractor
shall have at least one (1) shipboard employee aboard who has received a USCG recognized first aid and
CPR certification within the past twelve (12) months.
C-4.10.6.1 Helicopter Fire Fighting Teams. The contractor shall designate a minimum of fourteen (14)
crewmembers as a helicopter fighting team during flight operations. In accordance with the NAVAIR
00-8R-14, AFFF hoses shall be deployed to the scene using maximum personnel participation. When in
place, a hose team shall consist of the AFFF hose with a minimum of five (5) persons (maximum seven
(7)) on each 2.5 inch hose; and a minimum of three (3) persons (maximum five (5)) on each 1.5 inch
hose.
C-4.10.6.2 Small Arms. The contractor shall ensure that five (5) crew members who will bear arms as
part of their physical security duties have successfully completed a small arms familiarization course, as
discussed in Paragraph C-4.13.1.
C-4.10.6.3 Helicopter Control Officers (HCOs). At least two (2) officers aboard ship (Chief Mate and
one (1) other licensed officer) shall be trained as Helicopter Control Officers, as discussed in Paragraph
C-4.13.2.2.
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C-4.10.6.4 Helicopter Landing Signal Enlisted (LSE). At least two (2) unlicensed deck crewmembers
aboard ship (Boatswains or Able Seamen) shall be trained as Landing Signal Enlisted.
C-4.11 Contractor Facility Clearance. The contractor shall possess a SECRET facilities clearance at
contract award, which shall be documented in Attachment 7 (DD-254).
C-4.11.1 Personnel Clearances. The Master and the entire crew shall hold SECRET clearances.
C-4.11.2 Personnel Screening. Crew members and non-crew members requiring access to the vessel
shall be vetted using the procedures described in Section H-15.
C-4.12 Crew Transportation Costs. All transportation costs for crewmembers shall be reimbursable.
C-4.13 Crew Training.
C-4.13.1 Small Arms Training. The contractor shall be responsible for all small arms training. The
contractor's course shall be taught to the same content and standards as the U.S. Navy's Small Arms
Qualifications (Ashore/Afloat) Instructor Course J-041-0148. Such training shall be completed prior to
commencement of shipboard employment. The contractor is responsible for the cost of small arms
training.
C-4.13.2 Aviation Facility Training. The Government will reimburse the contractor for the cost of the
following training courses.
C-4.13.2.1 Aviation Facility Operations. The contractor shall ensure that appropriate crewmembers are
trained for Aviation Facility operations in accordance with COMSCINST 12410.17 (series). Members of
the Helicopter Fire Fighting Teams shall have successfully completed the MSC approved Readiness
Refresher Course for Helo Fire Fighting. The course shall have a periodicity of five (5) years.
C-4.13.2.2 Helicopter Control Officer (HCO). The HCO must successfully complete the U.S. Navy's
Helicopter Control Officer's Course (D/E-2G-0200) every five (5) years.
C-4.13.2.3 Helicopter Landing Signal Enlisted (LSE).The LSE shall successfully complete the U.S.
Navy's Landing Signal Enlisted Course (D/E-600-0506) every five (5) years.
C-4.13.2.4 Shipboard Propulsion Fuels and Oils and JP-5 Systems and Testing Course. The
contractor shall ensure all Engineering Officers and any other persons performing specified duties must
complete the training course in order for the crewmembers to operate the JP-5 fueling systems properly.
The Shipboard Propulsion Fuels and Oils and JP-5 Systems and Testing course is offered at the Center
for Naval Engineering.
The Shipboard Propulsion Fuel and Oil, JP-5 System and Fuel Testing course is designed to provide
handling personnel the basic knowledge and the skill necessary to operate/maintain, propulsion/JP-5
shipboard fuel systems, and to monitor the quality of shipboard fuels through a vigilant fuel testing
program; and to provide familiarity with logs, records, and reports necessary to monitor fuel and oil
usage.
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The course provides instruction on the physical properties of propulsion/JP-5 fuels used in Navy ships
and aircraft and the significance of the quality test performed thereon; functional training regarding steps
and procedures to conduct required quality surveillance testing of propulsion, JP-5 fuels and oils used in
Navy ships and aircraft; lubricating oil management, the Navy Oil Analysis Program (NOAP) and logs,
records, pollution abatement and control, and reports needed to monitor shipboard fuel and oil use; and
characteristics and hazards of fuel tanks, transfer, stripping and service piping, pumps, and filters.
C-4.14 Vessel Modifications. The Government may, at its option, modify the vessel to meet new or
changing mission requirements. The Government will either task the contractor to perform or to
subcontract for the modifications as a reimbursable item, or undertake the modifications itself. The
contractor may not modify the vessel without approval of the Contracting Officer. Any approved
modifications will be fully tested and verified by the appropriate Government authority. Mission related
unforeseen structural modifications affecting class or the vessel's certifications may be required. The
costs to restore the vessel to its original class or certification shall be included in the contractor's proposal
for any such modifications. These restoration costs will be agreed to in the consent for the modification.
C-4.15 Safety Program. The contractor shall establish and maintain a safety program to promote
occupational safety for the ship's force and all embarked personnel. The safety program shall encompass
appropriate procedures and practices as necessary to establish a safe and hazard-free working and living
environment. The program shall address areas of typical shipboard evolutions and equipment operations,
mission operations, maintenance, and housekeeping. The program shall also incorporate applicable
USCG Regulations. At a minimum, the safety program will include asbestos control, heat stress control,
hearing and sight conservation, lead control, respiratory protection, electrical safety, gas free
engineering, lock-out/tag out procedures, hazardous material control and management, mercury control,
polychlorinated biphenyls, and man-made vitreous fibers. With respect to operations, the safety program
shall address methods to identify and communicate recommendations to improve the process, highlight
safety hazards, and implement procedures to prevent unsafe practices.
C-4.15.1 Emergency Escape Breathing Devices (EEBDs). The contractor shall provide two hundred
sixty nine (269) EEBDs to be located in each Sponsor stateroom and the staff support room (two hundred
nine (209), one (1) per berth) as well as the conference room (forty (40)) and communications room
(twenty (20)). The Sponsor shall be responsible for inspection and notifying the contractor if
replacement is required.
C-4.16 Reserved
C-4.17 Food and Hotel Services for Embarked Personnel. The contractor shall provide three (3)
galley-prepared meals and hotel services for embarked Government personnel. Embarked personnel
include up to two hundred nine (209) Government personnel assigned to the ship. Food provided to the
Government shall have the most reasonably attainable degree of variety, quality, quantity, and nutritional
value. The cost of meals and hotel services for the first fifty (50) embarked Government personnel shall
be included in the contractor's fixed price.
C-4.18 Subsistence Endurance Levels. The contractor shall establish standard records and procedures
to ensure endurance levels are attainable upon departure from port for each mission assignment. The
contractor shall maintain these endurance levels are maintained to meet endurance requirements stated in
Paragraph C-3.1.6.
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C-4.19 Procurement of Provisions while Underway. To meet the endurance requirements of the
contract, the contractor shall provide any required consumable supplies and provisions at its own
expense. The contractor shall not receive payment for such expenses other than the fixed daily rate and
the reimbursement rate for meals and hotel services listed in the contract. The contractor shall procure
all consumables from commercial sources. When operating outside of CONUS and Hawaii, the
contractor may order consumables from the Navy Supply System/Combat Logistics Force; DD Form
1348, DD Form 1155, or naval message may be used to order consumables as dictated by the nature of
the item and the requirements of the ordering activity. Precise guidance regarding requisitioning
procedures may be obtained by contacting the Customer Service office of the issuing Naval Supply
Activity. Procurement of consumables from Navy sources, except medical supplies, is to be handled as a
"CASH SALE" transaction. All ordering from the Naval Supply system for provisions and nonreimbursable consumables shall use the MSC established fund code "XP", and the appropriate DODAAC
and signal code "B" to ensure the contractor is billed directly. In situations where the contractor is not
billed directly, the contractor shall keep detailed records (to include ship's UIC; Julian date of
transaction; requisition number; item; quantity; price; and proof of payment) of all transactions and
submit a credit invoice to the Government for these transactions on a monthly basis. If the contractor
fails to ensure proper billing and fund code usage, and the Government receives billing for consumable
and/or provisions procurements, the Government will, at its option, deduct the cost of the transaction plus
an additional 10.5% administrative surcharge from the contractor's per diem payments. Upon redelivery,
the contractor shall be responsible for removing all consumables from the ship at its expense.
C-4.20 Provide Food Service. The contractor shall provide galley-prepared food service. Food
provided shall have the most reasonably attainable degree of variety, quality, quantity, and nutritional
value available in the maritime industry. Special menu requests for vegetarians and people with food
allergies, medical restrictions, and religious restrictions shall be made thirty (30) days in advance by the
Sponsor. Meals will be served daily as follows: Breakfast, 0730-0830; Lunch, 1130-1230; and Dinner,
1700-1800. Mealtimes shall be varied or extended to accommodate operational considerations.
Quantities of food for the above meals shall be unrestricted. Cafeteria service shall include tablecloths,
ceramic dishware, glasses and metal utensils. The OICs concurrence should be obtained in advance for
all meal plans. The OIC shall notify the contractor of the number of personnel remaining aboard the ship
during inport periods. Meal items at a minimum shall consist of:
BREAKFAST: Eggs/omelets (any style); breakfast meat (one); pancakes, waffles or French
toast; fruit (fresh when available); donuts, bagels or sweet rolls; bread and toast; butter, jelly
and syrups; hot cereal; cold cereals; potatoes (any style); fruit juice; coffee, tea, milk, cocoa,
and water.
LUNCH: One sandwich-type item (e.g., hamburger, tuna salad, grilled cheese, etc.); two (2)
additional entrees (one (1) of which shall be hot and one(1) of which shall consists of meat);
choice of two (2) vegetables; rice/potatoes; soup; salad bar (containing variety of vegetables
and condiments); diet plate; fruit; bread and butter; two (2) desserts plus ice cream; coffee,
tea, milk, and water.
DINNER: Three (3) entrees (two (2) of which shall be hot and two (2) of which shall consist of
meat); choice of two (2) vegetables; rice/potatoes; soup; salad bar (containing variety of
vegetables and condiments); diet plate; fruit; bread and butter; two (2) desserts plus ice cream;
coffee, tea, milk, and water.
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C-4.20.1 Food Service for Non-Embarked Personnel. Non-embarked personnel are defined as
personnel in excess of fifty (50). Non-embarked personnel will directly pay the contractor for meals
based on the following schedule:
A fixed rate of $50.00 per ration (three (3) meals for one (1) person)
Single-meal rate per person shall be $14.00 for breakfast, $14.00 for lunch, and $22.00 for
dinner.
C-4.20.2 Provide Night Meal Service. When requested by the OIC, the contractor shall provide
Sponsor personnel assigned to the night watch with hot lunches served between the hours of 2330-0030.
This hot lunch is not intended to be treated as a fourth meal. It is designed for Sponsor personnel who
have missed the third meal. Sponsor personnel assigned night watch will be allowed to select items from
the lunch or dinner menu to be set aside in microwaveable containers marked with their name, or the OIC
may, at his option, request a hot lunch be prepared. Overtime is reimbursable for the crewmember(s)
preparing the hot meal at the OICs request. Prepared hot lunches shall consist of one (1) breakfast
entree; one (1) dinner entree; coffee, tea, cocoa, and milk; bread and butter. Either the breakfast entree
or dinner entree shall contain meat. All overtime associated with this night meal service will be coded
Sponsor-Support overtime (OT).
C-4.20.3 Provide Snack Foods. The contractor shall provide snack foods for Sponsor personnel twentyfour (24) hours per day. Snack foods shall include foods like:
Deli-meats and breads; relishes; cheese and crackers; fresh fruit (when available); peanut
butter; jellies/preserves; cookies; popcorn; ice cream bars/yogurt; potato chips; coffee, tea and
milk; hot cocoa mix.
C-4.20.4 Provide Sponsor-Requested Meals. Upon request of the Sponsor, the contractor shall provide
food preparation and service personnel to provide luncheon or dinner reception buffets for visiting VIP
guests of the ship. The Sponsor will stipulate how many meals are required at each function. In the
event the Sponsor wishes to serve alcoholic beverages in support of diplomatic or community relations,
the contractor shall adhere to provisions of OPNAVINST 1700.16 (Series) and COMSCINST
3121.9(Series). The cost of these meals is reimbursable in accordance with G-7.
C-4.21 Purchase of Foreign Foods. The contractor shall ensure that foreign meat, fish, poultry and
dairy products will be purchased only in emergency situations and only from approved sources. A list of
approved food sources in the operating area should be requested from MSC. The contractor shall further
comply with the provisions of COMSCINST 6000.1 (Series), Medical Manual, and NAVMED P-5010.
C-4.22 Food Service Operations. The Master or the Sponsors medical officer shall conduct weekly
inspections of food service spaces and equipment which shall be forwarded to the Master for review and
signature. These completed forms will be kept in a file for a minimum of one (1) year and made
available for inspection when requested by Government representatives. Periodic Quality Assurance
(QA) Inspections of the food service operation will be conducted by Government representatives. These
QA visits will include a sanitation inspection using NAVMED Form 6240/1. If the ship's food service
operation fails the sanitation inspection by receiving an unsatisfactory grade, the Government may direct
the closing of the galley and secure food service operations until all discrepancies have been corrected.
Alternate food service during this period of galley closure will be at the contractor's expense. Daily and
weekly cleaning of all food service operation spaces and equipment shall be done in strict accordance
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with CFP, ANSI and NSF standards. Provisions of COMSCINST 6000.1 (Series) and NAVMED P-5010
(Series) shall apply.
C-4.22.1 Food Handlers. All contractor personnel employed as food handlers shall meet the health and
training standards set forth in NAVMED P-5010-1 and ensure they are free from any communicable
diseases. All screening shall be documented in the food service employees onboard medical record and
kept on file for all food service employees currently assigned. The contractor shall be guided by food
handling instructions and precautions in accordance with COMSCINST 4000.2 (Series), COMSCINST
6000.1 (Series) and NAVMED P-5010.
C-4.22.2 Food Handling. The contractor shall follow food-handling instructions and precautions as
outlined below.
C-4.22.2.1 General Guidelines. If food cannot be served immediately after it has been prepared, the
four (4) hour limit for holding food to be served will be observed. In other words, if the food will not be
consumed within four (4) hours after being cooked, it will either be discarded or thoroughly chilled to
41F or below as soon after cooking as possible. If the product is allowed to intermittently be
refrigerated and warmed up, the total time of non-refrigerated periods will not be more than four (4)
hours.
C-4.22.2.2 Chilled Leftovers. Leftovers shall not be frozen and shall not be retained if not used within
twenty-four (24) hours. Foods composed of ingredients having been peeled, chopped, sliced, or diced by
hand after cooking shall NEVER be saved as leftovers. Reuse of cooked protein foods such as meats,
fish, poultry, and foods containing eggs and milk must follow the four (4) hour rule explained above.
Leftovers must be examined closely if held at temperatures between 41F and 140F longer than four (4)
hours cumulative time. Cream puffs, custard-filled pies, cakes, clairs, and similar products, including
those containing synthetic fillings, shall be prepared under strict sanitary conditions, covered, cooked
quickly, and refrigerated until served. Leftovers shall remain under refrigeration on the serving line, and
any leftover items shall be disposed of at the end of the day.
C-4.22.2.3 Food Service Sanitation. The grease traps over all ranges, grills, ovens, and deep-fat fryers
shall be flushed and cleaned after each day's operation of the galley. All exposed surfaces shall be wiped
down with detergent and hot water after each day's operation. Once a week the galley shall be
thoroughly cleaned from top to bottom, including, but not limited to, cleaning out the inside surfaces of
all reefers; emptying and cleaning all drawers and shelves; dismantling and cleaning all mechanized
galley equipment such as food mixers, meat slicers, can openers, etc.; opening and cleaning all grease
traps under grills and around deep-fat fryers; and doing all the other things normally associated with a
galley field day. Once a week the mess dining areas shall be thoroughly cleaned from top to bottom,
including drink dispensers (also prior to refilling dispensers), toasters, microwave, and refrigerators;
floors shall be stripped and waxed. When containers for the separation of waste food items are placed in
mess areas, these containers will be cleaned after each meal.
C-4.23 Provide Sanitation Services. The contractor shall maintain the ship in a sanitary condition at all
times in accordance with 46CFR196.15-10. All living spaces, staterooms, passageways, and stairwells
shall be maintained in a clean and sanitary condition, and monthly inspections conducted in accordance
with 46CFR189.33-1.
C-4.24 Provide Pest Control. The contractor shall ensure that all living spaces, recreation lounges, and
work areas are free of pests at all times. The contractor shall ensure that all personnel conducting pest
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control measures have been properly trained. All stores shall be checked by the contractors personnel as
appropriate, prior to loading to ensure they are rodent and pest free. The contractor shall comply with the
World Health Organization, International Health Regulations (IHR) of 1969, U.S. Navy Shipboard Pest
Control Manual, SECNAVINST 6210.2 (Series) Quarantine Regulations, and NAVMED P-5010,
Chapter 8 for further guidance and compliance.
C-4.25 Ship Sanitation Control Exemption Certificate (SSCEC)/Ship Sanitation Control
Certificate (SSCC). The contractor is responsible for ensuring that the ship is SSCEC or SSCC certified
at all times in compliance with guidelines delineated in the World Health Organization, International
Health Regulations (IHR) of 2005 and BUMEDNOTE 6210. This certification is required to be
completed on a recurring six (6) month basis. The contractor shall make arrangements to procure the
necessary SSCEC/SSCC Inspection Certification.
C-4.26 Provide Linen. The contractor shall provide the following laundered items to all Sponsor
personnel and guests (209): sheets, fitted bottom sheets, blankets, bedspreads, pillowcases, mattress
covers, bath towels (27" x 54"), hand towels, washcloths and bath mats. When replacing mattresses, the
contractor shall ensure fitted sheets fit the replacement mattresses. Bed linens shall be changed once
every week (twice a week if ambient interior temperature exceeds 80F during a seven (7) day period).
Towels shall be provided twice a week. Fresh bed linens and towels shall be provided when Sponsor
personnel are transferred or replaced. Tablecloths shall be changed, at a minimum, daily.
C-4.26.1 Mattresses and Pillows. The contractor shall replace Sponsor personnel mattresses and
pillows, as required. Mattresses shall meet CFR standards and fit the existing bed-frame space. Pillows
will be non-feather type. The cost of replacing only Sponsor mattresses and pillows is reimbursable.
C-4.26.2 Not Applicable
C-4.27 Clean Sponsor Work Areas. The contractor shall pick up trash on a daily basis and, at a
minimum, every week sweep and wipe down all dust collecting surfaces. The contractor shall, at a
minimum, every two (2) weeks swab floors in unclassified and classified Sponsor work areas. Every two
(2) months floors shall be waxed in unclassified and classified Sponsor work areas. At a minimum, the
contractor shall clean all carpeted areas annually.
C-4.27.1 Clean Sponsor Living Spaces. The contractor shall clean the Sponsor living spaces (i.e.,
staterooms and common areas surrounding staterooms). The OIC shall receive the same cleaning
services afforded the Master or at a minimum, three (3) times a week; remaining Sponsor personnel shall
receive the same cleaning services afforded the licensed officers or, at a minimum, twice a week. The
contractor shall, at a minimum:
Clean/disinfect commodes
Clean showers and wash basins
Sweep and swab decks or vacuum if carpeted
Empty trash containers
Make beds
Change or provide clean linens
Dust wipe overheads, vents, furniture and shelving
Every two (2) weeks, the contractor shall, at a minimum, wash the decks (tile only)
Every two (2) months, the contractor shall, wax the decks (tiles only)
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Section D - Packaging and Marking
SECTION D
SECTION D
PACKAGING AND MARKING
D-1
D-2
PACKING MATERIAL
The use of shredded paper, whether newspaper, office scrap, computer sheets, or wax paper in
packing material for shipment to Navy activities is prohibited.
D-3
MARKINGS OF SHIPMENTS
Classified material shall be prepared for shipment in accordance with the Industrial Security
Manual, DoD 5220.22M. Outer containers shall not disclose the name of classified matter
contained within the envelope or package, even though the name itself may not be classified. If
it is necessary that the outer container include or have attached thereto a list of the contents,
unclassified code numbers of generic terms shall be used which will not disclose the specific
contents. The contractor shall mark all shipments under this contract in accordance with the
edition of MIL-STD-129, Marking for Shipments and Storage in effect on the date of the
solicitation.
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Section E - Inspection and Acceptance
INSPECT AT
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SECTION E
SECTION E
INSPECTION AND ACCEPTANCE
E-1
INSPECTION
E-1.1 General
E-1.1.1 The Vessel and Associated Equipment shall be subject to the Government's
inspection as to suitability for the required service prior to delivery and subject to
subsequent inspections at any time during the currency of this Charter to determine
continuing suitability for the required service as well as to determine whether the
material condition of the Vessel and Associated Equipment will prevent effective
operation during basic and optional periods (if any) of this Charter. Such
inspections shall include but not be limited to:
(1) Condition and operability of all cargo handling gear including standing
and running rigging, cranes, booms, gantries, and status of regulatory
body inspections of same;
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ACCEPTANCE
Acceptance is conditional upon approval by all applicable regulatory bodies and upon the
Governments determination that said Vessel is operational in all respects. The determination of
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52.246-4
AUG 1996
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Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
UIC
0001
N/A
N/A
N/A
N/A
0002
N/A
N/A
N/A
N/A
0003
N/A
N/A
N/A
N/A
0004
N/A
N/A
N/A
N/A
0005
N/A
N/A
N/A
N/A
0006
N/A
N/A
N/A
N/A
0007
N/A
N/A
N/A
N/A
0008
N/A
N/A
N/A
N/A
0009
N/A
N/A
N/A
N/A
0010
N/A
N/A
N/A
N/A
0011
N/A
N/A
N/A
N/A
0012
N/A
N/A
N/A
N/A
0013
N/A
N/A
N/A
N/A
0014
N/A
N/A
N/A
N/A
0015
N/A
N/A
N/A
N/A
0016
N/A
N/A
N/A
N/A
0017
N/A
N/A
N/A
N/A
0018
N/A
N/A
N/A
N/A
SECTION F
SECTION F
DELIVERIES OR PERFORMANCE
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F-1
F-2
F-1.2
Delivery. Time is of the essence for delivery of the Vessel. It is anticipated by the
parties that the Vessel will be delivered within the laydays specified in Box 5 and any
delay in delivery beyond the laydays cancelling date shall constitute a material breach of
this contract. The Government may take delivery of the vessel prior to the flight deck
receiving certification if the delay in certification is caused by the Government and if the
contractor is able to prove that the vessel, as delivered, is constructed to meet Aviation
Attachment 4 requirements, NAVAIR 4.8.2.5 Air Capable Ship Aviation Facilities
Bulletin No. 1M requirements, and USCG Navigation and Vessel Inspection Circular
(NVIC) flight deck requirements. The Vessel and all Associated Equipment shall be
delivered to the Charterer at a port or place in accordance with Box 2 not later than 1600
hours local time at place of delivery on the date stated in Box 5, the Owner giving
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). At
the end of the ramp-up period, prior to delivery of the vessel, the vessel will undergo a
two-week pre-delivery survey, whereby the Government will inspect all modifications
and conduct sea trials while the vessel is transitioning to the delivery location.
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 Vessel by the Charterer but not before the date
commencing in Box 5.
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The contractor shall enter actual progress on the approved progress chart and provide an updated
copy to the Contracting Officer weekly. If the contractor identifies that work or changes required
by the Government will result in a schedule delay, the contractor shall notify the Contracting
Officer prior to commencing the work. Failure to provide advance notification of the potential
delay to the Contracting Officer will constitute acceptance by the contractor of all responsibility
for delays related to the work.
If, in the opinion of the Contracting Officer, the contractor falls behind the approved schedule,
the contractor shall identify the causes of schedule delays and take steps necessary to improve
progress, including those that may be required by the Contracting Officer, without additional cost
to the Government. In this circumstance, the Contracting Officer may require the contractor to
increase the number of shifts, overtime operations, days of work, or other activities necessary
and to submit for approval any supplementary schedule or schedules in chart form as the
Contracting Officer deems necessary to demonstrate how the approved rate of progress will be
regained.
Failure of the contractor to comply with the requirements of the Contracting Officer under this
clause shall be grounds for a determination by the Contracting Officer that the contractor is not
prosecuting the work with sufficient diligence to ensure delivery of the Vessel within the time
specified in the contract. Upon making this determination, the Contracting Officer may
terminate the contract in accordance with the default terms of this contract.
F-3
CONDITION
The Vessel and all Associated Equipment shall be, insofar as due diligence can make them so,
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 cargo-handling equipment shall be rigged, secured, and operable. The Owner shall
exercise due diligence to maintain the Vessel and Associated Equipment in such state during the
period of this Charter Party.
F-4
VESSEL REDELIVERY
Unless lost, the Vessel shall be redelivered at a port or place in accordance with Box 3. The
Charterer shall give the Owner no less than one (1) days notice of expected date and range of
redelivery, and of actual port or place of redelivery. Redelivery notice shall not impair the
Charterers right to exercise any options under this Charter.
F-5
Safety. The Charterer shall exercise due diligence to order the Vessel to safe berths or
places (or alongside vessels or lighters reachable on her arrival and designated/procured
by the Charterer) that the Vessel can approach, lie at, and depart from always accessible,
always afloat. The Charterer shall not, however, be deemed to warrant the safety of any
berth or place and shall not be liable or accountable for any loss, damage, injury, or
delay resulting from any unsafe condition at any berth or place unless caused by the
Charterer's failure to exercise due diligence as aforesaid. Any lightering will be at the
expense of the Charterer; however, in the event the Charterer directs the Owner to
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arrange for lighterage services, the Owner shall make all necessary arrangements
therefore.
F-5.2
F-6
Ice. The Vessel shall not be ordered or bound to enter any port or place inaccessible due
to ice or at which lights, lightships, markers, or buoys on Vessel's arrival are (or are
likely to be) withdrawn by reason of ice. The Vessel shall not be obliged to force ice. If
a port or place to which the Vessel is ordered is inaccessible due to ice, the Master shall
immediately notify the Charterer requesting revised orders and shall remain outside the
ice-bound area. If there is danger of the Vessel being frozen in at any port or place, the
Vessel shall, at Master's discretion, proceed to the nearest safe and ice-free position, at
the same time requesting the Charterer's revised orders. Any delay or detention resulting
from ice shall be for the Charterer's account.
CHARTER PERIOD
This Charter Party shall be for the period designated in Box 4, commencing upon the Charterer's
acceptance of the Vessel and continuing until either the date of her redelivery or the completion
of the voyage then current, at the Charterer's sole option. Any option periods shall be in direct
continuation; shall be without guaranty at the Charterer's sole option; and shall be declared as
specified in Section I. Optional periods may be declared at any time prior to redelivery of the
Vessel.
52.211-11
52.242-15
52.242-17
SEP 2000
AUG 1989
APR 1984
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Section G - Contract Administration Data
SECTION G TERMS
SECTION G
CONTRACT ADMINISTRATION DATA
G-1
G-2
G-3
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communicates with contractor personnel during the performance of this contract shall
constitute a change under the "Changes" clause of this contract.
G-3.2
The contractor shall not comply with any order, direction or request of Government
personnel unless it is issued in writing and signed by the Contracting Officer, or is
pursuant to specific authority otherwise included as part of this contract.
G-3.3 The Contracting Officer is the only person authorized to approve changes in any of the
requirements of this contract and notwithstanding provisions contained elsewhere in this
contract, the said authority remains solely the Contracting Officer's. In the event the
contractor effects any change at the direction of any person other than the Contracting
Officer, the change will be considered to have been made without authority and no
adjustment will be made in the contact price to cover any increase in charges incurred as
a result thereof.
G-4
INVOICE REQUIREMENTS
Note: WAWF invoicing and payment procedures are implemented for this contract.
G-4.1 Invoices shall be submitted in accordance with the following instructions.
G-4.2 The only items payable under this contract are the applicable ramp-up period program
management rates, vessel modification sum, per diem rates, and the items listed as
reimbursables under Section B. Any other items or expenses must be supported by the
appropriate contract modification/Contracting Officers authorization.
G-4.3 Invoices for fixed-price ramp-up period program management support and fixed-price
charter hire may be submitted by the contractor every fifteen (15) days. The contractor
shall invoice separately for Port Services. The contractor shall submit separate invoices
for each port call, along with the supporting documentation. Invoices for all reimbursed
items will be paid in accordance with FAR 52.232-25, Prompt Payment. All
reimbursables will be paid at actual incurred expense only. Reimbursable invoices shall
not include overhead, general and administrative expenses, material handling expenses,
profit or fees above the actual expense.
G-4.4 Invoices for the vessel modifications lump sum may be submitted by the contractor upon
delivery and acceptance of the vessel by the Government.
G-4.5 When submitting all invoices, the contractor shall:
G-4.5.1 Ensure that invoices for reimbursement are itemized on the invoice for each
service provided.
G-4.5.2 Ensure that supporting documentation for each invoice for reimbursement of
expenses paid by the contractor for the account of the Government is an original
vendor's receipted invoice. This shall be adequate supporting documentation for
the invoice, provided that the contractor is not delinquent in paying
subcontractor invoices, the payments will be made in accordance with the terms
and conditions of a subcontract or invoice; and payment will be made within
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thirty (30) days of the submission of the contractors payment request to the
Government. The original vendors receipted invoice will constitute evidence
that the contractor has satisfied the Governments requirements for the services
and/or materials required, delivered, and accepted by the Government for which
the invoice is rendered and must show the incurred expenses for which
reimbursement is sought. If during the course of Contract Administration, the
contractor is determined by the Government to be delinquent in paying
subcontractor invoices in a timely manner then the supporting documentation
shall be a vendors receipted invoice clearly marked Paid by the vendor, and a
copy of same. Where this procedure would cause extensive delay in payment, or
it is impractical to have the vendor mark the invoice paid, the contractor may
stamp the invoice paid annotating beneath the paid stamp the check number
evidencing payment. The Government may request copies of contractor's
canceled checks in support of the paid stamp on a random sample basis.
G-4.5.3 Indicate on each vendor invoice for foreign currency, the rate of exchange as of
the date of contractor payment. In addition, the contractor shall attach a copy of
the bank draft or other suitable document showing the rate of exchange.
G-4.5.4 Attach an English translation if the vendor's invoice or supporting documentation
is in a foreign language.
G-4.5.5 Advise all vendors to indicate on the vendor's invoices the date their services
were performed. Indicate this date on the face of the invoice with the line item
for the services received.
G-4.5.6 Attach copies of applicable Contracting Officer's written consent issued pursuant
to FAR 52.244-2 for reimbursable subcontracts; or other instances in the
Contract where consent is required (see Paragraph G-7.2).
G-4.5.7 Indicate the applicable Contract Line Item Number (CLIN), Project, Task and
Expenditure Type for which each invoiced item is payable.
G-4.5.8 Ensure that the company name, vessel, contract number, contract per diem rate,
and similar data shown on the invoice agree with that shown in the contract.
G-4.6
All invoices are to be submitted through WAWF. The supporting documentation for
any particular invoice may be submitted via mail if the data is too large to be attached in
WAWF. The contractor shall provide advance notice to the COR when submitting
supporting documentation via standard mail.
G-4.7 The Government reserves the right to return to paper invoicing at no cost to the
Government, in which case, in addition to G-4.5 above, the contractor shall comply with
the following:
G-4.7.1 Submit one original and one copy of all invoices and attach an original and one
copy of all supporting documents. For the purpose of this contract, copies
marked "copy" or "duplicate" are not acceptable as originals. When the
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Invoices for reimbursement submitted under this contract must be submitted no later
than ninety (90) days from receipt/payment of a payable invoice from a subcontractor.
Any invoice for reimbursement not submitted within this timeframe may not be payable
under the contract.
G-4.9 When it is necessary to forward invoices with classified supporting documents, the
contractor shall send the package in double mailing envelopes in accordance with the
NSIPOM DoD 5220.22-M. The inner envelope as well as the cover letter should be
clearly marked with the appropriate security classification.
G-4.10 If payments due under this contract have been assigned pursuant to FAR 52.232-23
(Assignment of Claims (JAN 1986)), invoices must include the name of the assignee,
address and account number where disbursements are to be forwarded.
G-4.11 Occasionally an invoice may be returned for correction. A "corrected" invoice shall be
submitted for any returned invoice. The corrected invoice is acceptable only when the
original invoice (for which the correction is submitted) is referenced in WAWF in the
Description field or attached to the corrected invoice (for paper submissions).
G-4.12 Personnel of the Military Sealift Command are prohibited from altering an invoice in any
respect. Any deduction or difference between the amount invoiced and the amount paid
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will be explained by the Program Office, which will provide the applicable deduction
sheet via facsimile.
G-4.13 Questions regarding deductions should be referred to the Program Office. If the
contractor does not agree with a deduction, it may present a claim in accordance with
FAR 52.233-1 (Disputes (JUL 2002)). If the claim is approved, corrections will be made
by a Reinstatement, MSC Form 7560/3, prepared by the Program Office.
G-4.14 All correspondence relating to invoices should contain the ship's name, company name,
contract number, and invoice number.
G-4.15 All invoices, vouchers, or routine requests for payment of reimbursable expenses under
this contract must be submitted by the contractor to the Government not later than one
(1) year after the date of service or delivery of goods being billed. Any invoice, voucher,
or other routine request for payment not so submitted shall be deemed waived by the
contractor.
G-6
G-7
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shall obtain at least three (3) quotes for each transaction in excess of $2,500 to ensure
that adequate price competition was sought or the contractor shall 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 and 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.
G-7.2.1 A description of the supplies or services to be subcontracted.
G-7.2.2 Identification of the proposed subcontractor and price.
G-7.2.3 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.
G.7.3
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
contractors burden to demonstrate that the price it paid for reimbursable supplies and
services was fair and reasonable.
G-7.4 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.
G-7.5 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.
G-7.6 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-7.7 No notice, communication, or representation from any person other than the Contracting
Officer shall affect the Governments obligation to reimburse the contractor.
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G-7.8 Change orders shall not be considered an authorization to exceed the funded amount
stated in the Schedule under each 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.
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Not Applicable
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in
applicable fields in WAWF when creating payment requests and receiving reports in the
system.
Routing Data Table*
-----------------------------------------------------------------------Field Name in WAWF
Data to be entered in WAWF
-----------------------------------------------------------------------Pay Official DoDAAC N00033
Issue By DoDAAC N00033
Admin DoDAAC N00033
Inspect By DoDAAC N00033
Ship To Code N62387
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes
appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit
price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F,
(e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the ``Send
Additional Email Notifications'' field of WAWF once a document is submitted in the system.
COR email address to be provided upon award.
(Contracting Officer: Insert applicable email addresses or ``Not applicable.'')
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the
following contracting activity's WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys
WAWF point of contact. MSCHQ_WAWF@navy.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
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The information contained in the table in DFARS 252.232-7006 is for WAWF purposes only. Information included
in DFARS 252.232-7006 and this WAWF instruction apply only to WAWF Invoicing and WAWF Receiving
Reports. Contradictory information elsewhere in this contract, e.g. Ship to DoDAAC, shall be followed per the
terms and conditions of the contract.
When entering the invoice into WAWF, the Contractor shall fill in the DoDAAC fields or DoDAAC extensions
exactly as shown in the table in DFARS 252.232-7006. Fields that should not be filled in when entering the invoice
into WAWF will be indicated with the direction, "Leave Blank."
In some situations the WAWF system will pre-populate the "Pay DoDAAC," "Admin By DoDAAC" and "Issue By
DoDAAC." The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the
information in the table in DFARS 252.232-7006. If these DoDAACs do not match, then the Contractor shall
correct the field(s).
If Receiving Reports are required, ensure that the "Inspection" and "Acceptance" defaults of "destination" for both
fields are not changed in the WAWF online interface.
The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract document including CLIN
number (e.g. 0001), Quantity (may be adjusted for actual quantity or dollar value delivered and invoiced), and Unit
Price (e.g. $1.00). The dollar amounts on each CLIN or SubCLIN on the WAWF invoice shall reflect final
performance values, but in no instance can the dollar amount for each CLIN or SubCLIN exceed what is specified in
the contract document. The Contractor shall bill to the lowest level, e.g., the SubCLIN level. The Quantity and Unit
of Measure fields must be filled out exactly as indicated in the CLINs and SubCLINs to reduce the possibility of the
invoice being delayed or rejected during processing.
Before closing out of an invoice session in WAWF, but after submitting the document or documents, the Contractor
will be given the option to send additional email notifications by clicking on the "Send More Email Notifications"
link that appears on the page. The Contractor shall click on this link and add the Technical Point of Contact's
(TPOC) or Contracting Officer's Representative's (COR) email address in the first email address block and add any
other additional email addresses desired in the following blocks. This additional notification to the Government is
important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF
system.
(End of instructions)
252.201-7000
(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection
201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting
officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a
copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting
officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity,
delivery, or any other term or condition of the contract.
(End of clause)
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Section H - Special Contract Requirements
SECTION H
SECTION H
SPECIAL CONTRACT REQUIREMENTS
H-1 Craft. At no additional cost, the Owner shall input all port charges and costs into the Cost
Reporting, Analysis & Forecasting Tool (CRAFT), when this system is provided by the Charterer.
H-2 Agent Designation. The Charterer shall have the option of directing the Owner to use a specific
commercial or Government agent in any port for the reimbursable elements.
H-3 Insurance.
H3.1 Vessel Owners Insurance.
H3.1.1 During the full period of this Charter Party, contractor shall maintain marine
insurance coverage on the Vessel, including:
i. Hull and Machinery,
ii. Protection and Indemnity (P&I) (including pollution liability),
iii. War Risk Hull and Machinery,
iv. War Risk Protection and Indemnity (P&I), and
v. Second Seamans War Risk.
Except as otherwise expressly provided in Section H3.1.3 below or as expressly
provided in the section entitled War (H4), all expenses for such insurance coverage
(including but not limited to premiums, additional premiums, calls, commissions,
overspill claims, advancements, assessments, deductibles, and all other insurance costs
regardless of Charterer or contractor fault, neglect, action or inaction, or cause of claim
or cost whatsoever) shall be for contractors account and shall be deemed to be included
in the hire payable under this Charter Party. Within 10 calendar days following award of
this contract, contractor shall provide the Contracting Officer copies of policies or cover
notes evidencing that required coverage has been obtained and demonstrating that the
coverage is consistent with the requirements of this section. Contractors failure to
provide the required policies or cover notes may be considered material breach of this
contract. Contractor shall make insurance claims under applicable policies for all
damages, injuries, or claims arising from or related to this charter when directed by
Charterer regardless of Charterers fault, neglect, action, inaction, or breach of clauses,
obligations or warranties (express, implied or otherwise) of this charter contract.
H3.1.2 Contractor shall obtain an endorsement on all of contractors insurance policies
listed in Section H-3.1.1 by which contractors Insurer waives all rights of subrogation
against the United States of America up to an amount of $350,000,000.
H3.1.3 If Vessel is sent beyond the limits of American Institute Trade Warranties under
this Charter Party, the Charterer agrees to reimburse the contractor for the actual extra
cost of additional premiums and/or increased deductible levels to the extent such extra
cost is occasioned by the Vessels trading beyond such limits. Contractor shall
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immediately notify Charterer whenever any sailing orders will send the Vessel beyond
such limits, shall identify to Charterer any anticipated additional cost of insurance
relating thereto, and shall obtain Charterers approval to proceed beyond such limits
prior to doing so. If contractor fails to provide the notifications required or to obtain
Charterers informed prior approval, Charterer shall not be required to reimburse the
contractor for the costs described in this paragraph. The issuance of sailing orders, by
itself, does not constitute approval in advance by Charterer.
H3.1.4 All policies shall contain an endorsement stating that in the event Insurer
receives from Vessel Owner any notice of cancellation or any notice of material change
to the policy or its coverage, the cancellation or change shall not be effective until 30
days after written notice thereof is provided to Charterers Contracting Officer by the
Insurer (unless such change is directed by the Charterers Contracting Officer).
Additionally, contractor shall immediately notify Charterer of any change whatsoever in
coverage.
H3.2 Charterer Named Additional Assured on Owners Hull Policy, War Risk Hull Policy, and
Second Seamans War Risk Policy.
H3.2.1 The United States of America (as Charterer) shall be named as an additional
assured with waiver of subrogation under the contractors Hull and Machinery policy
(and Increased Value policy if applicable), War Risk Hull and Machinery policy, and
Second Seamans War Risk policy. Within 10 calendar days following award of this
contract, contractor shall provide the Contracting Officer copies of policies or cover
notes evidencing that the required coverage has been obtained. Contractors failure to
provide the required policies or cover notes may be considered material breach of this
contract.
H3.2.2 Other than owner and as owner limitations. If contractors Hull and
Machinery policy (and Increased Value policy if applicable), War Risk Hull and
Machinery policy, or Second Seamans War Risk policy contain(s) any provision
limiting coverage under the policy only to liabilities arising as owner of the vessel,
contractor shall arrange for such limiting provision to be stricken from the policy.
H3.2.2.1 If contractors Hull and Machinery policy (and Increased Value policy
if applicable), War Risk Hull and Machinery policy, or Second Seamans War
Risk policy contain(s) any provision designed to limit the effect of striking
other than owner or as owner provisions as required in Section H3.2.2, such
provisions shall also be amended to ensure Charterer is provided full benefit of
the insurance for its acts as Charterer.
H3.2.3 Limitations of Coverage to U.S. Limitation of Shipowners Liability Act (or
similar) limitation amounts. If contractors Hull and Machinery policy (and Increased
Value policy if applicable), War Risk Hull and Machinery policy, and/or Second
Seamans War Risk policy contain(s) any provision(s) limiting maximum payment to
Owner in any instance to the amount to which Owner is able to limit Owners liability
pursuant to the U.S. Limitation of Shipowners Liability Act of 1851, the 1976
Convention on Limitation of Liability for Maritime Claims, or any similar law,
contractor shall arrange for such limiting language to be stricken or amended to ensure
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the policy or policies are not similarly limited in payment or coverage amount with
respect to coverage afforded the United States of America as additional assured
Charterer.
H3.3 Time Charterer Protection and Indemnity (P&I) with P&I War Risk Coverage.
H3.3.1 Contractor shall obtain a Time Charterer Protection and Indemnity policy/entry
with P&I War Risk coverage for the United States of America (as Charterer) with
coverage amount of $350,000,000 and covering all risks typically covered by Time
Charterer Protection and Indemnity entries with P&I War Risk coverages in Protection
and Indemnity associations that are members of the International Group. Except as
otherwise expressly provided in the section entitled War, all expense of such
policy/entry described in this section (including but not limited to premiums, additional
premiums, calls, commissions, overspill claims, advancements, assessments, deductibles,
and all other insurance costs regardless of Charterer or contractor fault, neglect, action or
inaction, or cause of claim or cost whatsoever) shall be for contractors account and shall
be deemed to be included in the hire payable under this Charter Party. Within 10
calendar days following award of this contract, contractor shall provide the Contracting
Officer a copy of the policy. Contractors failure to provide the required copy of the
policy may be considered material breach of this contract. Contractor shall make
insurance claims under the Time Charterer Protection and Indemnity policy/entry
described in this section when directed by Charterer.
H3.3.2 Charterer shall not be obliged to declare to the insurer all ships chartered by it.
Contractor will advise the insurer that the Charterer will not declare all ships chartered
by it to the insurer, and shall obtain an endorsement on the policy stating, the United
States of America, as charterer, is not required to declare to [insert insurer name] all
ships chartered by it.
H-3.4 Contractor to Indemnify. If contractor fails to name the United States as additional assured
with waiver of subrogation on contractors Hull and Machinery policy (and Increased Value
policy if applicable), War Risk Hull and Machinery policy, or Second Seamans War Risk policy
as required by Section H-3.2; or fails to obtain for the United States the Time Charterer P&I
policy/entry with War Risks coverage required by Section H-3.3; the contractor shall indemnify
and hold harmless the Charterer for all liability, costs, or expenses which would have been
covered by the required insurance policies/coverage.
H-3.4.1 Contractor shall not, through action or inaction (including but not limited to
failing to meet all conditions of a policy, causing through action or inaction cessation of
a policy, or violating any warranty of a policy), vitiate or void the coverage afforded by
the contractors Hull and Machinery policy (and Increased Value policy if applicable),
War Risk Hull and Machinery policy, Second Seamans War Risk policy, or the
coverage afforded by the Time Charterer Protection and Indemnity policy/entry with P&I
War Risk coverage. If any such policy is vitiated or voided by contractors action or
inaction as described in this Section H-3.4.1, contractor shall indemnify and hold
harmless the Charterer for all liability, costs, or expenses which would have been
covered by the policy had such policy remained in full force and effect.
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H-3.4.2 In the event contractor fails to strike other than owner or as owner
provisions per Section H3.2.2, fails to amend supplemental limiting provisions as
described in Section H3.2.2.1, or fails to amend provisions limiting payment or
coverage as described in Section H-3.2.3, contractor shall indemnify and hold harmless
the Charterer for all liability, costs, or expenses which would have been covered by
contractors Hull and Machinery policy (and Increased Value policy if applicable), War
Risk Hull and Machinery policy, and Second Seamans War Risk policy had such
provisions been stricken or amended as required.
H4 War.
H4.1 Voyage Instructions. Operating limits of the vessel subject to this contract shall be
worldwide. If the Vessel is ordered under this Charter Party to any port, place, or zone involved
in a state of war, warlike operations or hostilities, civil strife, or piracy (whether there be a
declaration of war or not) where it might be reasonably expected to be subject to capture, seizure,
arrest, or hostile act by a belligerent power (whether de facto or de jure), pirate, or terrorist, it
shall be unreasonable for the contractor not to prosecute said voyage if insurance against said
risks is then available commercially or under a Government program, or if the Government offers
the contractor indemnification against said risks pursuant to Public Law 85804 (72 Stat. 972,
August 28, 1958).
H4.2 The Contractor shall immediately notify the Charterer: (i) whenever any sailing orders will
result in the Vessel subject to this contract being sent beyond the limits of the War Risk Trading
Warranties of insurance policies required under this contract (to include entry into a war risk
exclusion zone or when the Vessel will enter, sail for, or deviate towards the territorial waters of
any of the Countries or places or any other waters described in the Lloyds Joint War
Committees current Hull War, Strikes, Terrorism and Related Perils Listed Areas); (ii) if there
are any changes to the War Risk Trading Warranties of insurance policies required under this
contract (including changes to the exclusion zones or the Hull War, Strikes, Terrorism and
Related Perils Listed Areas) or changes to War Risk premiums, charges, or deductibles; or (iii)
whenever additional premium charges or costs will be incurred as a direct result of compliance
with any sailing orders issued by the Charterer under this contract. The contractor shall ensure
that the insurers provide it relevant information in a timely manner. If the contractor has given
this required notice to the Charterer, the Charterer will reimburse the contractor for the increase
in costs (if any) of insurance premiums, charges, or deductibles which arise from the vessel
sailing beyond the applicable War Risk Trading Warranties (including changes to the war risk
exclusion zones) when entry into any exclusion zone or Hull War, Strikes, Terrorism and Related
Perils Listed Areas under such insurance has been approved in advance by the Charterer. The
issuance of sailing orders, by itself, does not constitute approval in advance by the Charterer.
The Charterer may give the contractor notice and instructions concerning suspension of
commercial War Risk insurance coverage and substitution of Government indemnity or
Government War Risk insurance as detailed in the section entitled Government War Risk
Insurance/Indemnity below.
H4.3 Additional Wage Costs. The Charterer shall reimburse contractor for the cost of provable
additional master and crew wages (including all additional bonuses and payments required) to
the extent that such additional costs arise directly from exposure of the Vessel, and/or Vessels
master and crew, to the risks described in the paragraph entitled Voyage Instructions above.
However, any of said wages or payments shall not exceed in amount that which would be
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payable, under applicable laws and regulations, to U.S. civil service mariners in the employ of
the Military Sealift Command in a similar port, place, zone, or route. Contractor shall notify
Charterer of all anticipated additional wage costs prior to entering any location which would
trigger such additional costs; and no such costs shall be reimbursable unless Charterer, after
notification of such costs, provides approval to enter such location.
H5 Government War Risk Insurance/Indemnity.
H5.1 General. Upon receipt of notice and instruction from the Contracting Officer, as specified
in the last sentence of Section 4.2 of the section entitled War (H4) above, with respect to any
area excluded by the War Risk Trading Warranties or included by the Lloyds Joint War
Committee on the Hull War, Strikes, Terrorism and Related Perils Listed Areas under the
contractors commercial War Risk coverage, the contractor shall, as soon as practicable, contact
its insurance brokers or underwriters and arrange for the suspension of its commercial War Risk
insurance upon entry of the vessel into, or extension of stay of the vessel in such area(s), or when
the vessel will enter, sail for, or deviate towards the territorial waters of any of the Countries or
places, or any other waters described in the Lloyds Joint War Committees current Hull War,
Strikes, Terrorism and Related Perils Listed Areas , as the case may be, subject to resumption of
its commercial War Risk insurance upon exiting such area(s). In such instances, the contractor
shall accept the Governments indemnity or War Risk insurance, whichever is applicable, in lieu
of such commercial War Risk insurance. The contractor shall ensure that the suspension of its
commercial War Risk coverage is coincident with the time that any Government indemnity or
War Risk insurance becomes effective, and shall likewise ensure that its commercial War Risk
insurance is resumed at the time when any Government indemnity or War Risk insurance
becomes ineffective. The contractor shall retain the same risks, such as deductibles (if any), that
it has under its commercial insurance.
H5.2 Government War Risk Insurance. Under the authority of 46 U.S.C. 53905, the United
States Maritime Administration (MARAD), at the request of Commander, Military Sealift
Command, may furnish the following war risk insurance coverage, which will be effective during
the vessels transit under this Contract in areas which are in war risk exclusion zones, or waters
described in the current Lloyds Joint War Committee Hull War, Strikes, Terrorism and Related
Perils Listed Areas , or otherwise excluded under the contractors commercial marine War Risk
trading warranties, and which are designated by notice from the Contracting Officer to the
contractor:
(1) War Risk Hull Coverage, insured at the hull value stated in Vessels current
commercial hull and increased-value policies effective on Charter Party date, a copy of
which current hull policies shall be furnished to Charterer;
(2) War Risk Protection and Indemnity coverage, insured at a value of either (i) 150% of
the hull value stated in Vessel's current commercial hull policy effective on Charter Party
date or (ii) $50,000,000, whichever is greater but in no event exceeding that amount of
commercial P&I cover which was in effect for the Vessel on Charter Party date;
(3) War Risk Blocking and Trapping Coverage;
(4) War Risk Second Seamans coverage, the principal sum of which shall be $200,000
per Master, Officer, or crew member (this is also the loss-of-life benefit);
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(5) War Risk Loss-of-Hire coverage, if a commercial loss-of-hire policy was in effect on
the Vessel on Charter Party date. The sum insured by this policy, including the amount
of lost time that is covered, will be equivalent to the levels insured by the Vessel's
commercial policy. However, the amount insured by this policy will in no event exceed
the hire rate (effective under this Charter Party when the loss of time began), over a
maximum duration of 90 days lost. This maximum amount will be further subject to a
deductible equivalent to that in place under the Vessel's commercial policy.
H5.3 Government Indemnity. Under the authority of Public Law 85804 (72 Stat. 972, August
28, 1958) and Executive Order 10789, as amended by Executive Order 11610, the Secretary of
Defense or the Secretary of the Navy may authorize the Contracting Officer to indemnify the
contractor against loss from risks that would be covered by MARAD war risk coverage as set
forth in the paragraph entitled Government War Risk Insurance directly above.
H-6 Readiness (MSC 5252.246-9810 (JUN 1998)). Readiness is a required service of the Vessel.
Readiness shall be defined as the ability of a Vessel and Associated Equipment to perform the function
for which designed, built, or chartered, including the ability to deploy without delays, whether or not so
ordered to perform. If there is a degradation of this readiness, such that actual performance or condition
of the Vessel or Associated Equipment shows any failure to satisfy one or more of the Owner's
warranties or renders the Vessel in less than a fully efficient state, the hire will be proportionately
decreased so as to indemnify the Charterer to the extent of such failure, this Charter Party to remain
otherwise unaffected. Failure of the parties to agree upon the extent of the proportional decrease in hire
shall be a dispute under FAR clause 52.233-1, Disputes Alternate 1 incorporated herein by reference
in Section I. Nothing in this clause shall limit the rights of the Charterer to place the Vessel off-hire
pursuant to paragraph H-7 (Off-Hire).
H-7 Off-Hire (MSC 5252.246-9811 (AUG 2005)). 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 damages 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; drydocking for
the purpose of examination or painting bottom; 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 ready and in a fully efficient state to
resume her service from a position not less favorable to the Charterer than that at which such loss of time
commenced. 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 ready and in a fully efficient state to resume her service from a position not less
favorable to the Charterer than that at which such loss of time commenced. When the period of time lost
to the Charterer on any one occasion is less than four (4) consecutive hours, the hire shall not be reduced
for such period.
H-7.2 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
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ports with bars, the delay of the Vessel and/or expenses resulting therefrom shall be for
Charterer's account.
H-7.2 Delays/Excessive Fuel Consumption. If upon any passage the Vessel (i) fails to make the
warranted speed in Box 57or if her warranted fuel consumption exceeds that in Boxes 59-63,
either or both of which are 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 (ii) is delayed more than twelve (12) hours, the hire for the time lost and
any cost of extra fuel consumed, if any, shall be borne by the Owner. Any delay by ice shall be
for Charterer's account.
H-8 Mission
H-8.1 Charterers Instructions. The Charterer or the Charterers authorized representative shall
furnish the Master with all requisite instructions and sailing directions. The Master shall
exercise due diligence to observe all such orders and instructions of the Charterer in respect of
the Charterer's employment of the Vessel's services. The Vessel shall work day and night when
and as ordered by Charterer.
H-8.2 Operating Scenario. As generally described in Section C.
H-8.3 Crew Conduct. If the Charterer shall have reason to be dissatisfied with the conduct of the
Master, Officers, or crew, the Owner shall, on receiving particulars of the complaint in writing,
investigate the matter and, if necessary, make a change in personnel.
H-8.4 Use of Vessel. The whole reach and burthen 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 the
Vessel's winches and other appropriate gear actually on board, and the Owner shall provide
sufficient power to operate all the Vessel's winches simultaneously. The Vessel shall work night
and day, if required by the Charterer. Charterer shall have the use of any special gear or fittings
actually aboard the Vessel, although said gear or fittings are not required by this Charter. Any
material required for securing cargo is to be furnished by the Charterer and for its account, but
Charterer may have the free use of any lashings aboard the Vessel. Charterer to be responsible
for the replacement of lashing gear damaged by Charterer or its servants.
H-8.5 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 burthen
necessary for Vessel's Officers and crew, her cabin, tackle, apparel, furniture, provisions, fresh
water, stores, necessary ballast and fuel. The amount of the deck cargo shall be at the discretion
of the Master and the loading, carriage and discharge thereof shall be at the risk of the Charterer.
H-9 MSC 5252.247-9864 STANDARDS OF APPEARANCE (JUN 1998). It is important that the Vessel
operation meets the highest possible standards of appearance and Vessel smartness. To this end, the
Owner and operator will institute, manage, and fund a continuous program of Vessel maintenance. The
hull, decks, deckhouse, and all appurtenances will be cleaned and preserved as necessary and painted as
required. The interior of the Vessel's deckhouses will be maintained in a clean and orderly state, with all
equipage properly and securely stowed. The main and auxiliary machinery spaces will be kept clean and
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free of excessive accumulations of oil and debris. All spaces will be lighted to allow safe operation and
correct maintenance of machinery and equipment.
H-10 Vessel Warranty.
H-10.1 General. Owner warrants that the Vessel performing under this contract shall be in full
conformity with the requirements of this contract from the time of delivery and thereafter during
the currency of this contract. Additionally the owner warrants that the Vessel shall be under U.S.
flag upon delivery (see DFARS 252.247-7025 at Section I concerning requirements for
reflagging work in U.S. shipyards.).
H-10.2Regulatory Compliance. The Owner warrants that the Vessel and all Associated
Equipment shall be in full compliance with all applicable international conventions and all
applicable laws, regulations, and other requirements of the nation of registry and of the nation(s)
and local jurisdictions to whose port(s) and/or place(s) it is contemplated that the Vessel will be
ordered hereunder. The Vessel shall be delivered and maintained in the highest class of a
recognized classification society and be in compliance with all current safety, health, and
pollution regulations promulgated by appropriate authorities, including the latest applicable IMO
regulations. The Owner further warrants that the Vessel shall have on board all certificates,
records, or other documents required by the aforesaid conventions, laws, regulations, and
requirements, including a Certificate of Financial Responsibility meeting the requirements of the
U.S. Coast Guard and promulgated pursuant to the U.S. Federal Water Pollution Control Act, as
amended, and/or the Oil Pollution Act of 1990.
H-10.3Complement. The Owner warrants that the Vessel shall have an efficient and legally
sufficient complement of Master, Officers, and crew with adequate training and experience in
operation of all of the Vessel's equipment. The Master, Officers, and entire crew shall be U.S.
citizens (if Vessel is U.S.-flag), speak English, and possess valid and current certificates,
licenses, and documents. The Master, Officers, and crew of this Vessel shall be appointed or
hired by the Owner and shall be deemed to be the servants and agents of the Owner at all times
except as otherwise specified in this Charter. The Master of the Vessel shall be under the
direction of the Charterer as regards the employment of the Vessel but shall not be under
Charterer's orders as regards navigation, care, and custody of the Vessel.
H-10.4Speed, Maneuverability and Station Keeping Warranty. The Owner warrants that, unless
otherwise ordered by the Charterer, the Vessel is capable of maintaining and shall maintain,
throughout the currency of this contract the speed, maneuverability and station keeping
requirements of this contract.
H-10.5Fuel and speed warranty
H-10.5.1 Moderate weather Underway Laden. The Owner warrants that, unless
otherwise ordered by the Charterer, the Vessel is capable of maintaining, throughout the
period of this Charter Party, the average speed in knots identified in Box 57 on any given
moderate-weather passage from sea buoy to sea buoy while fully laden to summer marks.
On any such passage as just described at the average speed identified in Box 57, daily
fuel consumption in net barrels shall be at the average rate(s) identified in Boxes 59 and
61, for the grade(s)/viscosity(ies) therein identified to be consumed.
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H-10.5.2 Moderate Weather - Variable Speeds. For periods during which the Charterer
orders the Vessel to operate at speeds other than those identified in Box 57, the Owner
warrants that the Vessel's total fuel consumption (including all auxiliaries) in net barrels
at those ordered speeds in moderate weather shall be at the average rates identified in
Boxes 63 and 63B for the stated speed, range, and load conditions for the
grade(s)/viscosity(ies) identified in Box 63A to be consumed.
H-10.5.3 Moderate Weather - Underway Loiter/Anchor. The Owner warrants that the
Vessels fuel consumption in net barrels (including all auxiliaries) during all periods
underway at loiter or anchor shall be at the average rate identified in Box 60, for the
grade(s)/viscosity(ies) therein identified to be consumed.
H-10.5.4 Auxiliaries. The Owner warrants that the Vessel's fuel consumption
(underway/steaming/laden) in net barrels for all auxiliaries, in addition to any fuel
consumption identified in Box 59, shall be at the average rate identified in Box 61 for the
grades/viscosities therein identified to be consumed, regardless of speed or weather
conditions.
H-10.5.5 Inport Periods. The Owner warrants that the Vessel's fuel consumption in net
barrels (including all auxiliaries) during all periods inport shall be at the average rate
identified in Box 62, for the grade(s)/viscosity(ies) therein identified to be consumed.
H-10.6 Remedies. Should actual performance or readiness condition of the Vessel show any
failure to satisfy one or more of such warranties or other contract requirements not due to the
fault of the Charterer, the hire may be equitably decreased, the Charter may be terminated, or the
Vessel may be placed off-hire, at Charterer's option so as to indemnify the Charterer to the extent
of such failure. However, in all cases the Owner shall bear the cost of excessive fuel
consumption resulting from the Owners breach of its fuel warranties. The foregoing remedies
shall not limit other recoveries available under law or within this charter.
H-10.7 Other Compliances. The contractor shall comply with all applicable Federal, State and
local laws, executive orders, rules and regulations applicable to its performance under this
contract.
H-11 Drydock.
H-11.1 General. 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 paragraphs F-3 and H-9 of this Contract and the
warranties of paragraph H-10 of this Section, 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 ninety 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 also be for Owner's account.
H-11.2 Suspension of Hire. In case of drydocking, pursuant to paragraph H-11.1 above, 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
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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.
H-12 Salvage.
H-12.1 All salvage moneys earned by the Vessel during the period of this Charter shall be
divided equally between the Owner and the Charterer after deducting Master's, Officers' and
crew's shares, legal expense, vessel hire lost, if any, as a result of the salvage service, value of
fuel consumed, repairs of damage, if any, and other extraordinary loss or expense sustained as a
result of the salvage service. Charter hire shall continue to be paid by Charterer during
deviations for the purpose of performing salvage service.
H-12.2 If requested by Charterer, Owner agrees to accept Navy salvage services. Such services
may be provided using Navy personnel and resources or Navy contracted resources.
H-12.3 In providing such services, the Navy, through Charterer, agrees to waive all claims for
pure or bonus salvage. Instead, Charterer shall be entitled to the following:
H-12.3.1 In those cases in which the salvage services are provided by Navy personnel
and resources, the salvage claim shall be limited to a schedule of current per diem rates
and allowable expenses as established by the Navys Supervisor of Salvage. In no event
shall such amount exceed a maximum claim of $25,000 per day.
H-12.3.2 In those situations in which the Navy utilizes contracted resources to deliver
assistance, Owner shall be liable for the actual daily rate charged to the Navy by the
contractor(s).
H-12.4It is understood that this limited Supervisor of Salvage claim is asserted against the vessel
only, is solely for the vessel's account, and does not include any amounts for the salvage of the
Government's cargo. Notwithstanding any other provisions of this contract, this limited
Supervisor of Salvage claim IS NOT directly or by way of setoff chargeable in whole or in part
to the Government by way of general average or otherwise.
H-13 Risk of Loss.
H-13.1 Carriage of Goods by Sea Act (COGSA). Except as otherwise specified herein, the
Owner, Vessel, and Charterer in all matters arising under this Charter Party shall be entitled to
the like privileges, rights, and immunities (from the time the cargo is loaded until the time it is
discharged from the Vessel) as are contained in 46 U.S.C. App. 1300-1315. However, any
references in COGSA to (a) notices of loss or damage or (b) limitation-of-action periods shall not
apply to this Charter Party. For purposes of this Charter Party, the term "carrier" as used in that
Act shall mean "Owner" and the term "shipper" shall mean "Charterer."
H-13.2 Containers. For purposes of the application of the COGSA, goods shipped in containers
which are stowed on deck shall be deemed shipped under deck. With respect to the limitation of
liability provisions of COGSA, a container shall be considered a single package only if bulk
cargo is stored therein. For non-bulk cargo shipped in containers, the limitation of liability
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provisions of COGSA shall apply to each package within a container or, for non-packaged cargo,
to each measurement ton of cargo within the container. See also paragraph H-40, Deck Cargo.
H-13.3 Package Limit. Except in the case of containerized cargo, for purposes of the application
of COGSA, in the case of any loss or damage to or in connection with goods exceeding in actual
value $500 per package, or in the case of goods not shipped in packages, per measurement ton,
the value of the goods shall be deemed to be $500 per package or per measurement ton, and the
Owner's liability, if any, shall be determined on the basis of the value of $500 per package or per
measurement ton, unless the nature of the goods and a valuation higher than $500 shall have been
declared in this Charter Party and, in such case, if the actual value of the goods per package or
per measurement ton shall exceed such declared value, the value shall nevertheless be deemed to
be the declared value. Should Charterer declare valuation higher than $500.00 per package or
per measurement ton, Charterer shall direct Owner to obtain increased cargo legal-liability
coverage on said higher-declaration cargo, with the expense of any additional premia and
incurred deductibles therefore for Charterer's account.
H-13.4 Other Statutes. The Owner and the Vessel shall have the benefit of all limitations of and
exemptions from liability accorded the Owner by any U.S. statute or rule of law for the time
being in force (except to the extent that contract terms entitle the Government to compensation
from the contractor for the contractor's failure to perform the requirements and obligations of this
Charter or to the extent such statute or rule of law is subordinate to any statutorily mandated
provision of this Charter Party by operation of law).
H-13.5 Fire. Neither the Owner nor any corporation owned by, subsidiary to, or associated or
affiliated with the Owner shall be liable to answer for or make good any loss or damage to the
cargo occurring at any time and even though before loading on or after discharge from the
Vessel, by reason or by means of any fire whatsoever, unless such fire shall be caused by its
design or neglect or unless such wholly owned, subsidiary, or associated corporation serves as
underwriter for the Owner and the policy between the Owner and underwriter provides coverage
for such liability.
H-14 MSC 5252.247-9858 SUPERCARGO AND GOVERNMENT REPRESENTATIVES (JUN 1998)
H-14.1 Charterers Option. The Charterer shall have the right to assign supercargo (supercargo
as used herein is both plural and singular) and other government representatives aboard the
Vessel for duty purposes as far as accommodations and United States Coast Guard certification,
when applicable, allow and in accordance with COMSC Instruction 3121.9 as amended. The
Charterer shall pay an amount of $50.00 per day, per person, covering all expenses including
accommodations and victualling. The $50.00 per day shall be charged only when the individual
is on board for a twenty-four (24) hour period or greater. Otherwise, the Owner shall victual U.S
Government designated representatives, pilots and Customs Officers when authorized by the
Charterer at rates specified in Section C-4.20.1. The Government particularly reserves the right
to put a representative onboard the Vessel, with the pilot, at the approach to a discharge port (or
otherwise as mutually agreeable) to inspect the Vessel and to monitor the unloading;
reimbursement for accommodations and/or victualling is to be as described above.
H-14.2 Military Personnel. In addition to the carriage of personnel noted in paragraph H14.1above, Charterer shall have the right to assign other military personnel aboard the Vessel.
Such personnel are not to require victualling or berthing facilities from the Vessel unless
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requested by the military commander aboard, in which case the Owner will be reimbursed out-ofpocket expenses not to exceed the amount per person per day set forth in paragraph H-14.1
above. Charterer will supply life floats and jackets for the use of such military personnel carried
aboard the Vessel during the charter period. Such items to be removed by Charterer at
termination of Charter.
H-14.3 Charterers Liability. The Charterer shall be liable to the Owner for any loss of the
Vessel's fittings or appurtenances or any damage to the Vessel, her fittings, or appurtenances
caused by the act of supercargoes or government representatives in the embarkation, carriage, or
debarkation of supercargoes or government representatives to the extent such loss or damage is
not payable under the Vessel's insurance policies. However, the Charterer shall not be liable for
such damage unless written notice specifying such damage and, if obtainable, the name of the
party or parties causing such damage shall have been given to the Charterer or its authorized
representative within a reasonable time.
H-15 Crew List.
H-15.1 Crew, Vendor and Transient Vetting. Crew members and non crew members must be
submitted separately for vetting using the procedures below.
H-15.2 Crew Members: The contractor shall submit the Full Name, Billet, SSN, Date of Birth,
Birth Country, City of Birth, State of Birth, U.S. Passport Number and Nationality for all crew
members to MSCHQ/PM2 using the Government-provided MSC/EPIC Force Protection
Personnel/Crew list Submission Template to allow screening by the El Paso Intelligence Center
(EPIC). The template must be filled out in its entirety by the contractor and resubmitted
electronically in Microsoft Excel format to the Government, at the following PM2 mailbox:
MSCHQ.PM2-screening.fct@navy.mil. Submit crewmembers as they are identified to go to the
ship. When a crew member is replaced, only submit that crewmember instead of submitting the
entire crew list again. All new personnel must be screened at the beginning of the hiring process
prior to being sent to the ship. All personnel shall be resubmitted every time they join/rejoin a
vessel, upon a change in contract or contractor, upon transfer from one ship to another, and once
in each twelve (12) month period.
H-15.3 MSC PM2 will notify the contractor of any anomalous screening results requiring further
action or investigation.
H-15.4 Emails containing the Microsoft Excel attachment shall be written as follows:
H-15.4.1 Subject line format is as follows: FOUO - PRIVACY SENSITIVE - EPIC
PM2 - NAME of SHIP - CREW or NON-CREW
H-15.4.2 Body of email is to begin and end as follows: FOR OFFICIAL USE ONLY PRIVACY SENSITIVE. ANY MISUSE OR UNAUTHORIZED DISCLOSURE MAY
RESULT IN BOTH CIVIL AND CRIMINAL PENALTIES
H-15.4.3 Submitter's name, company, address, and telephone number must be included in
the email.
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The Owner shall retain the MARPOL sample in accordance with MARPOL VI
regulations, mail the Offship Lab sample to the Charterers designated fuel lab using the
prepaid mailer, offer the Vendor sample to the fuel supplier, retain the Offship Retest
sample until the later of the time that the fuel is consumed or ninety (90) days. The
Owner shall record the serial numbers and disposition of all sample bottles in the Ships
Log.
H-20.3.2 For charters of six (6) months or less, the Owner shall perform and bear all
costs associated with fuel testing. At a minimum the Owner shall collect, seal, and
serialize a MARPOL VI retained sample and an Offship Test sample. The Owner shall
have the Offship sample tested in accordance with ISO 8217:2005 for the fuel bunkered.
All test results shall be forwarded by email to msc.mschq-fuel.fct@navy.mil.
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.
H-20.4 Owners Purchase of Fuel. The Port Operations Coordinator (see Section C-4.8.2), on
behalf of the Owner, shall, if directed by the Charterer, purchase fuel for the Vessel, in which
case the Charterer shall reimburse the Owner the cost of all fuel (excluding lube oils and slop
removal) procured by the Owner and loaded in the Vessel during the period of this Charter. If
the Owner is required to incur costs under this paragraph by the Charterer, the Charterer shall
thereafter reimburse the Owner for the reasonable expenses of such fuel upon presentation of
properly certified vouchers, supporting receipts, and other documentation which justify the
charges as fair and reasonable in accordance with Section G-7 (Reimbursables) above. The
Owner shall not, however, be reimbursed any amount in excess of the current market price of
such fuel at the place of loading plus all reasonable expenses incurred by the Owner in loading
said fuel on board the Vessel. The title to all fuel for the cost 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, in the case of any such fuel which is purchased for the
performance of this Charter. The Charterer shall be afforded all benefits of Owner's contracts for
its fuel requirements, including but not limited to any savings addressed in paragraph H-21
(Savings) below.
H-20.5 Off-Hire. If the Vessel 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.
H-20.6 Redelivery. Upon redelivery of the Vessel, 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
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Charterer shall direct, at Owner's time and expense. The Charterer shall be credited with the
value of fuel on board at the time of redelivery, computed at the current market price at the port
of redelivery, except that for charters where the vessel receives no bunkers during the course of
the charter, the Charterer shall reimburse Owner for the amount of fuel used during the Charter at
the current market rate at delivery port at time of delivery.
H-20.7 Reasonable Expenses. The term "reasonable expenses" as used in this paragraph, shall
mean all reasonable costs excluding crew overtime which are necessarily incurred in loading said
fuel on board the Vessel 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; cost of shifting lighters for the convenience of the Vessel, handling lighter lines; and
such similar expenses which the Charterer shall find were necessarily incurred in the loading of
fuel on the Vessel during the period of this Charter.
H-21 MSC 5252.232-9813 SAVINGS (JUN 1998). The Owner agrees that any refunds, rebates, credits,
discounts, insurance payments, or other amounts (including any interest thereon) accruing to or received
by the Owner under this Charter shall be paid by the Owner to the Government to the extent that they are
properly allocable to costs, expenses, or reimbursements for which the Owner has been reimbursed by
the Government under the terms of this Charter. The foregoing shall apply to any savings to the Owner
resulting from a fleet reduction, applied on a pro rata basis.
H-22 MSC 5252.232-9810 INVOICING AND PAYMENT (REIMBURSABLES) (OCT 1998). The
Owner shall be reimbursed by the Charterer for all of the charges and expenses which are incurred by the
Owner for Charterers account as herein provided, upon presentation of such vouchers, receipts, and
other documentation necessary to determine the charges and expenses fair and reasonable, as are required
under the applicable provisions of this Charter Party and billing instructions.
H-23 Assignment. The contractor or its assignee may assign its rights to receive payment due as a result
of performance of this contract to a bank, trust company, or other financing institution, including any
Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However,
when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the
contractor may not assign its rights to receive payment under this contract.
H-24 Post-Award Conference. The contractor agrees to attend any post award conference convened by
the contracting activity or contract administration office in accordance with Federal Acquisition
Regulation Subpart 42.5.
H-25 Compliance with Laws Unique to Government Contracts. The contractor agrees to comply with 31
U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal
contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C 327, et seq., Contract Work Hours
and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C.
2409 related to whistleblower protections; 49 U.S.C 40118, Fly American; and 41 U.S.C. 423 relating to
procurement integrity.
H-26 Other Compliances. The contractor shall comply with all applicable Federal, State and local laws,
executive orders, rules and regulations applicable to its performance under this contract.
H-27 MSC 5252.247-9844 MARAD CONSTRUCTION DIFFERENTIAL SUBSIDY (CDS) (JUN
1998). The contractor, if operating a Vessel or vessels built with Construction Differential Subsidy
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(CDS) unequivocally agrees that there will be no increase in contract price due to any liability to repay
CDS which such contractor may incur.
H-28 MSC 5252.246-9812 TIME LOST (JUN 1998)
H-28.1 Tacking to the End of Charter Period. Any time lost by the Vessel during the currency of
this Charter Party (including during any option period exercised) 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 twenty-seven (27)
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.
H-28.2 Excessive Time Lost. The Government may by written notice cancel this Charter at no
cost to the Government whenever, in any given 365-day period, for any reason whatsoever, more
than thirty (30) days are lost. 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.
H-28.3 Relationship to Other Remedies. No remedy conferred by this paragraph upon the
Charterer is intended to be exclusive of any other remedy already conferred by this Charter Party
now or hereafter existing at law or in equity or by statute.
H-29 MSC 5252.247-9815 NEGLIGENCE OF PILOTS (FEB 1999). The Government, as Charterer,
shall not be held responsible, liable, or accountable for losses sustained by the Owner or the
Vessel through the negligence of pilots or tugboats although engaged by the Charterer. Pilots
and tugboats shall be considered servants of the Owner.
H-30 MSC 5252.232-9811 PORT CHARGES AND EXPENSES (JUN 1998)
H-30.1 Expenses for Charterer. Except as otherwise provided herein, Charterer shall pay
expenses of loading and unloading cargo and all wharfage, dockage, canal tolls (while vessel is
on hire), dues, taxes, and similar port charges imposed by public authority including consular
charges (except those pertaining to the Master, Officers, and crew) incurred by the Vessel in
ports visited pursuant to Charterer's direction. Agency fees, provided not incurred for the
convenience of the Vessel or Owner, shall also be for Charterer's account. The Charterer shall
pay all pilotage charged to the Vessel; however, in no case shall the Charterer reimburse the
Owner for pilotage paid to the Master or other members of the crew. Surveyors or consultants as
mutually agreed may be retained under this Charter in order to facilitate fact-finding in respect of
actual or potential claim actions or for inspections or surveys generally; the costs therefore shall
be as mutually agreed and, if for Charterer's account, said costs shall be incurred only after prior
written approval from the Contracting Officer. The Charterer shall reimburse the Owner up to
$60.00 per port call for postage and petty expenses (including photocopies) in foreign ports.
H-30.2 Reimbursement. All of the charges incurred for Charterer's account as noted in paragraph
H-30.1 above shall be paid by the Owner if so required by the Charterer. The Charterer shall
thereafter reimburse the Owner for such charges.
H-31 Owners Obligation.
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H-31.1 Provisions, Insurance, Wages, Fees, and Other Expenses. The Owner shall, unless
otherwise provided herein, provide and pay for all provisions; deck, engine room, and galley
stores and fresh water; insurance on the Vessel; wages of, transportation of, and services for
Master, Officers, and crew and consular fees pertaining to them in accordance with paragraph H30.1 above. Owner will be responsible for all port charges associated with the foregoing.
H-31.2 Dispatch. The Owner, through its agents, employees, and servants, shall commence and
prosecute the voyages made pursuant to this Charter with utmost dispatch and shall render all
customary assistance with the Vessel's crew and equipment.
H-31.3 Logs. The Owner shall have maintained on board the Vessel deck and engine room logs,
true copies of which shall be retained by Owner and made available to the Charterer at any time
upon request and at no cost to the Government for a period of ten (10) years after the expiration
of this Charter Party. Logs shall be legible and in English.
H-32 MSC 5252.233-9801 WAIVER OF CLAIMS (JUN 1998). All invoices or claims whatsoever for
moneys due the Owner under this Charter must be submitted not later than one (1) year after the relevant
period of service. Any said claim or invoice not so submitted shall be deemed waived by the Owner.
H-33 MSC 5252.247-9823 CHARTER NOT A DEMISE (DEC 1988). Nothing herein contained shall be
construed as creating a demise of the Vessel to the Charterer, the Owner under this Charter retaining
complete and exclusive possession and control of the Vessel and her navigation.
H-34 MSC 5252.247-9818 GENERAL AVERAGE (AUG 2005). General average shall be adjusted,
stated and settled according to the York-Antwerp Rules 2004, and any subsequent modification thereof,
in the port of New York and according to the laws and usages of the port of New York. In such
adjustment, disbursements in foreign currencies shall be converted into United States Dollars at the
exchange rate prevailing in the United States on the date made and allowances for damage to cargo
claimed in foreign currency shall be converted into United States Dollars at the exchange rate prevailing
on the last day of discharge of such damaged cargo from the Vessel. Notwithstanding the foregoing, the
Charterer's contributions in general average shall in no event exceed three times the Owner's contribution
for any single general average incident.
H-35 MSC 5252.247-9832 LIMITATIONS (JAN 1999). The Owner shall have the benefit of all
limitations of and exemptions from liability accorded to the Owner or Chartered Owner of the Vessel by
any statute or rule of law for the time being in force except to the extent that contract terms entitle the
Government to compensation from the contractor for the contractor's failure to perform the requirements
and obligations of this Charter or such statute or rule of law limiting the contractor's liability is
subordinate to any statutorily mandated provision of this Charter Party by operation of law. Nothing in
this Charter Party shall operate to limit or deprive the Owner of any statutory exceptions or limitation of
liability (against parties other than the Charterer) on the theory of personal contract or otherwise.
H-36 ALTERATIONS. See Section C-4.14, Vessel Modifications.
H-37 MSC 5252.247-9833 LAW GOVERNING (JUN 1998). This Charter Party shall be governed by
the laws of the United States.
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H-38 MSC 5252.247-9845 MSC SHIP PHYSICAL SECURITY (JUN 1998). The Owner shall comply
with and implement the Ship Physical Security Requirements contained in COMSC Instruction 5530.3
(Series) "MILITARY SEALIFT COMMAND (MSC) SHIPBOARD ANTITERRORISM (AT)
PROGRAM," as revised, incorporated herein by reference with the same force and effect as if given in
full text. Upon request the Contracting Officer will make the full text available.
H-39 Communications Equipment.
H-39.1 In addition to equipment required by the USCG, Vessel shall be equipped upon
commencement of the Charter with the following minimum communications capability:
Internet access to include commercial e-mail capability.
H-39.2 If the Government decides to install a secure communications capability on the vessel
during the performance of this contract, the contractor shall ensure that the vessel is capable of
supporting secure (encrypted) communication equipment by complying with DOD and DON
guidance on proper access, handling and disposition of classified material. The Government will
supply the contractor with relevant publications providing guidance on physical security
requirements.
H-40 Deck Cargo. Should deck cargo be carried, it shall be carried at the Charterer's risk, excepting cargo
shipped in containers.
H-41 MSC 5252.203-9800 EMPLOYMENT OF NAVY PERSONNEL RESTRICTED (DEC 1988). In
the performance of this contract, the contractor will not use as a consultant or employ (on either a full or
part time basis) any active duty Navy personnel (civilian or military) without the prior approval of the
Contracting Officer. Such approval may be given only in circumstances where it is clear that no laws and
no DoD or Navy instructions, regulations, or policies are contravened and no appearance of a conflict of
interest will result.
H-42 RESERVED
H-43 Cancellation Fee. The contractor and Government agree the purpose of this clause is to induce the
contractor to offer to and to provide the required services when the contractor otherwise would not offer
to provide them because of the contractor's inability to recover its out-of-pocket costs in the event the
Government does not exercise an option to extend the term of the contract or terminates the contract for
the convenience of the Government.
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 schedule in Specialtime Box 22.
"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 and reflagging costs. 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
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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 clauses entitled Default,
Termination for Convenience of the Government, Loss of Vessel, Inspection, Remedies, or
Excessive Time Lost. The clauses entitled Default, Loss of Vessel, Inspection, Remedies, and
Excessive Time Lost are not subject to cancellation costs.
Note: Pursuant to 10 USC2401, 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.
H-44 Reduced Operational Status (Layup) (MSC 5252.212-9805) (Aug 2005)
H-44.1 Charterers Option. The Charterer shall have the right to direct the Owner to place the
Vessel in a period of reduced operational status (ROS). During any such period the rate of hire
shall be as stipulated in the applicable boxes in Section B. The less-than-10-day rates stipulated
in Section B shall apply over the full term of: (a) any ROS period which actually extends less
than ten (10) days, and (b) any ROS period which is initially estimated by the Charterer to extend
less than ten (10) days, regardless of the actual duration. The 10-day-and-longer rates stipulated
in Section B shall apply over the full term of any ROS period which is estimated to and does
extend ten (10) days or longer, without reference to any other ROS or FOS rates.
H-44.2 Notice to Owner. The Charterer shall give the Owner written or electronic notice or, in
the event notice is given by telephone, written or electronic confirmation of exercise of the right
specified in paragraph H-44.1 above, including with said notice an estimate of the duration of the
ROS period. Such notice shall also specify the time at which the period of ROS is to commence,
which time shall not be less than forty-eight (48) hours subsequent to the receipt of such notice
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by the Owner or its representative. The Charterer shall give the Owner written or electronic
notice or, in the event notice is given by telephone, written or electronic confirmation of
termination of the period of ROS. Such notice shall specify the time at which such period shall
terminate, which time shall be at least seventy-two (72) hours (Saturdays, Sundays and holidays
excluded) subsequent to the receipt of said notice by the Owner or its representative; provided,
however, that by agreement between the Owner and the Charterer the Vessel may be returned to
full operational status (FOS) before the time specified in the notice of termination of the reduced
operational period.
H-45 Substitution. Subject to the Charterer's approval, the Owner may, at any time, propose a substitute
Vessel or Vessels. The nominated Vessel shall possess the same characteristics as the Vessel being
replaced. Approval of a vessel substitution is a matter within the Charterer's sole discretion.
H-46 Statutory Employee. Pursuant to La.R.S. 23:1061(A)(3). The Department of the Navy, by and
through Military Sealift Command, and contractor expressly provide and agree that the United States of
America and/or the Department of the Navy, by and through Military Sealift Command, is the statutory
employer of any of contractors employees and is entitled to the tort immunity provided in La.R.S.
23:1061 and La.R.S. 23:1032.
H-47 Order of Precedence. Any inconsistency in this solicitation or contract shall be resolved by giving
precedence in the following order:
(a) The Schedule, including the Box format and excluding the specifications
(b) Representations and other instructions
(c) Contract clauses
(d) Solicitation provisions (prior to award)
(e) Other documents, exhibits, and attachments
(f) Specifications
H-48 Military Extraterritorial Jurisdiction Act. 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.
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Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.202-1
52.203-3
52.203-5
52.203-6
52.203-7
52.203-8
52.203-10
52.203-12
52.203-13
52.203-16
52.204-2
52.204-4
52.204-9
52.204-10
52.209-6
52.209-9
52.210-1
52.211-15
52.215-2
52.215-8
52.215-10
52.215-12
52.215-17
52.215-21 Alt IV
52.219-4
52.219-8
52.219-9 Alt II
52.219-16
52.219-28
52.222-3
52.222-21
52.222-26
52.222-29
52.222-35
52.222-36
52.222-37
52.222-40
52.222-41
Definitions
JAN 2012
Gratuities
APR 1984
Covenant Against Contingent Fees
APR 1984
Restrictions On Subcontractor Sales To The Government
SEP 2006
Anti-Kickback Procedures
OCT 2010
Cancellation, Rescission, and Recovery of Funds for Illegal or JAN 1997
Improper Activity
Price Or Fee Adjustment For Illegal Or Improper Activity
JAN 1997
Limitation On Payments To Influence Certain Federal
OCT 2010
Transactions
Contractor Code of Business Ethics and Conduct
APR 2010
Preventing Personal Conflicts of Interest
DEC 2011
Security Requirements
AUG 1996
Printed or Copied Double-Sided on Postconsumer Fiber
MAY 2011
Content Paper
Personal Identity Verification of Contractor Personnel
JAN 2011
Reporting Executive Compensation and First-Tier SubcontractAUG 2012
Awards
Protecting the Government's Interest When Subcontracting
DEC 2010
With Contractors Debarred, Suspended, or Proposed for
Debarment
Updates of Publicly Available Information Regarding
FEB 2012
Responsibility Matters
Market Research
APR 2011
Defense Priority And Allocation Requirements
APR 2008
Audit and Records--Negotiation
OCT 2010
Order of Precedence--Uniform Contract Format
OCT 1997
Price Reduction for Defective Certified Cost or Pricing Data AUG 2011
Subcontractor Certified Cost or Pricing Data
OCT 2010
Waiver of Facilities Capital Cost of Money
OCT 1997
Requirements for Certified Cost or Pricing Data or
OCT 2010
Information Other Than Certified Cost or Pricing Data-Modifications (Oct 2010) - Alternate IV
Notice of Price Evaluation Preference for HUBZone Small JAN 2011
Business Concerns
Utilization of Small Business Concerns
JAN 2011
Small Business Subcontracting Plan (JAN 2011) Alternate II OCT 2001
Liquidated Damages-Subcontracting Plan
JAN 1999
Post-Award Small Business Program Rerepresentation
APR 2012
Convict Labor
JUN 2003
Prohibition Of Segregated Facilities
FEB 1999
Equal Opportunity
MAR 2007
Notification Of Visa Denial
JUN 2003
Equal Opportunity for Veterans
SEP 2010
Affirmative Action For Workers With Disabilities
OCT 2010
Employment Reports on Veterans
SEP 2010
Notification of Employee Rights Under the National Labor DEC 2010
Relations Act
Service Contract Act Of 1965
NOV 2007
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52.222-43
52.222-50
52.222-54
52.223-3
52.223-6
52.223-12
52.223-18
52.224-1
52.224-2
52.225-13
52.227-1
52.227-2
52.227-3
52.227-14
52.228-9
52.229-3
52.229-6
52.232-1
52.232-4
52.232-8
52.232-9
52.232-11
52.232-17
52.232-18
52.232-23
52.232-25
52.232-33
52.233-1 Alt I
52.233-3
52.233-4
52.237-3
52.242-13
52.243-1 Alt IV
52.243-7
52.244-2
52.244-5
52.244-6
52.245-1
52.245-9
52.246-20
52.246-25
52.247-21
52.247-27
52.247-63
52.247-64
52.248-1
Fair Labor Standards Act And Service Contract Act - Price SEP 2009
Adjustment (Multiple Year And Option)
Combating Trafficking in Persons
FEB 2009
Employment Eligibility Verification
JAN 2009
Hazardous Material Identification And Material Safety Data JAN 1997
Drug-Free Workplace
MAY 2001
Refrigeration Equipment and Air Conditioners
MAY 1995
Encouraging Contractor Policies To Ban Text Messaging
AUG 2011
While Driving
Privacy Act Notification
APR 1984
Privacy Act
APR 1984
Restrictions on Certain Foreign Purchases
JUN 2008
Authorization and Consent
DEC 2007
Notice And Assistance Regarding Patent And Copyright
DEC 2007
Infringement
Patent Indemnity
APR 1984
Rights in Data--General
DEC 2007
Cargo Insurance
MAY 1999
Federal, State And Local Taxes
APR 2003
Taxes--Foreign Fixed-Price Contracts
JUN 2003
Payments
APR 1984
Payments Under Transportation Contracts and Transportation- APR 1984
Related Services Contracts
Discounts For Prompt Payment
FEB 2002
Limitation On Withholding Of Payments
APR 1984
Extras
APR 1984
Interest
OCT 2010
Availability Of Funds
APR 1984
Assignment Of Claims
JAN 1986
Prompt Payment
OCT 2008
Payment by Electronic Funds Transfer--Central Contractor
OCT 2003
Registration
Disputes (Jul 2002) - Alternate I
DEC 1991
Protest After Award
AUG 1996
Applicable Law for Breach of Contract Claim
OCT 2004
Continuity Of Services
JAN 1991
Bankruptcy
JUL 1995
Changes--Fixed-Price (Aug 1987) - Alternate IV
APR 1984
Notification Of Changes
APR 1984
Subcontracts
OCT 2010
Competition In Subcontracting
DEC 1996
Subcontracts for Commercial Items
DEC 2010
Government Property
APR 2012
Use And Charges
APR 2012
Warranty Of Services
MAY 2001
Limitation Of Liability--Services
FEB 1997
Contractor Liability for Personal Injury and/or Property
APR 1984
Damage
Contract Not Affected by Oral Agreement
APR 1984
Preference For U.S. Flag Air Carriers
JUN 2003
Preference for Privately Owned U.S. - Flag Commercial
FEB 2006
Vessels
Value Engineering
OCT 2010
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52.249-2
52.249-8
52.251-1
52.253-1
252.203-7000
252.203-7001
252.203-7002
252.203-7003
252.203-7004
252.204-7000
252.204-7002
252.204-7003
252.204-7005
252.204-7006
252.204-7008
252.205-7000
252.209-7004
252.211-7003
252.211-7007
252.215-7000
252.215-7008
252.219-7003
252.222-7006
252.223-7001
252.223-7002
252.223-7003
252.225-7001
252.225-7002
252.225-7004
252.225-7005
252.225-7006
252.225-7012
252.225-7025
252.225-7040
252.225-7041
252.225-7043
252.226-7001
252.232-7003
252.232-7010
252.233-7001
252.237-7010
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252.237-7019
252.237-7023
252.237-7024
252.239-7001
252.243-7001
252.243-7002
252.244-7001
252.245-7000
252.245-7001
252.245-7002
252.245-7003
252.245-7004
252.247-7000
252.247-7002
252.247-7006
252.247-7025
252.247-7027
252.251-7000
SEP 2006
OCT 2010
OCT 2010
JAN 2008
DEC 1991
MAR 1998
JUN 2012
APR 2012
APR 2012
APR 2012
APR 2012
APR 2012
AUG 2000
DEC 1991
DEC 1991
JUN 2005
OCT 2011
AUG 2012
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(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12;
and
(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or
disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government
Accountability Office.
(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final
payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from
this solicitation.
(2) The SAM registration shall be for the same name and address identified on the contract, with its associated
CAGE code and DUNS or DUNS+4.
(3) If indicated by the Government during performance, registration in CCR may be required in lieu of SAM.
(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) A contractor may obtain a DUNS number
(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call
Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should
indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The Contractor should be prepared to provide the following information:
(i) Company legal business name.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company physical street address, city, state and Zip Code.
(iv) Company mailing address, city, state and Zip Code (if separate from physical).
(v) Company telephone number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) Reserved.
(e) Processing time for registration in SAM, which normally takes five business days, should be taken into
consideration when registering. Contractors who are not already registered should consider applying for registration
at least two weeks prior to invoicing.
(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for
any liability resulting from the Governments reliance on inaccurate or incomplete data. To remain registered in the
SAM database after the initial registration, the Contractor is required to review and update on an annual basis from
the date of initial registration or subsequent updates its information in the SAM database to ensure it is current,
accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and
is not a substitute for a properly executed contractual document.
(g)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name
(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not
completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the
Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed
name with a minimum of one business days written notification of its intention to
(A) Change the name in the SAM database;
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform
the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or changeof-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the
contract will be considered to be incorrect information within the meaning of the Suspension of Payment
paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in
the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of
Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractors
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SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that
Contractor will be considered to be incorrect information within the meaning of the Suspension of payment
paragraph of the EFT clause of this contract.
(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed
through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.
(End of Clause)
52.217-8
The Government may require continued performance of any services within the limits and at the rates specified in the
contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary
of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder
shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor
anytime prior to redelivery of the vessel.
(End of clause)
52.217-9
(a) The Government may extend the term of this contract by written notice to the Contractor prior to contract
expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend
before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60
months.
(End of clause)
52.222-42
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29
CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and
states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the
provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION
See equivalent MSC CIVMAR wages at:
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http://www.msc.navy.mil/civmar/payroll.htm
(End of clause)
52.252-2
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in
full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may
be accessed electronically at this/these address(es):
https://www.acquisition.gov/far/
https://www.acq.osd.mil/dpap/dfarspgi/current/index.html
(End of clause)
52.252-6
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an
authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapters 1-2) clause with
an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
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Section J - List of Documents, Exhibits and Other Attachments
SECTION J
Attachment
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Title
GFE List
MSV 2.0 Shipboard Habitability
Sea State References
Helicopter Facilities Requirements
Design Data Sheet (DDS) 130-2
Sample Monthly Cost Report
DD 254
Department of Labor Wage Determination 2010-0147 Rev 1
Department of Labor Wage Determination 2010-0148 Rev 1
Mission-Essential Contractor Services
Price Form: Basic Pricing Data
Price Form: Pricing Summary
Price Form: Crew Complement
Past Performance Datasheet
Past Performance Questionnaire
SF-LLL
Note: Documents referenced within the Attachments listed above are available upon request
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Section K - Representations, Certifications and Other Statements of Offerors
SECTION K
SECTION K
REPRESENTATIONS, CERTIFICATIONS,
AND OTHER STATEMENTS OF OFFERORS
K-1
By submitting its proposal, the offeror certifies that any termination liability amounts included in
Specialtime Box 22 do not constitute substantial termination liability, as defined in 10 U.S.C. 2401.
K-2 Certification of Compliance with the Service Contract Act
By submitting its proposal, the offeror certifies that the wages and fringe benefits included in its
proposed pricing and to be paid to crewmembers comply with the Service Contract Act minimum wages
and fringe benefits identified in the wage determinations attached to this solicitation.
K-3
Authorized Negotiators
The offeror represents that the following persons are authorized to negotiate on its behalf with the
Government in connection with this request for proposals: (List names, titles, and telephone numbers of
the authorized negotiators).
NAME TITLE TELEPHONE NUMBER
52.203-11
52.204-5
52.222-38
52.225-25
252.203-7005
252.209-7001
252.209-7002
SEP 2007
MAY 1999
SEP 2010
NOV 2011
NOV 2011
JAN 2009
JUN 2010
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252.225-7003
252.225-7031
252.225-7042
252.247-7022
Report of Intended Performance Outside the United States and OCT 2010
Canada--Submission with Offer
Secondary Arab Boycott Of Israel
JUN 2005
Authorization to Perform
APR 2003
Representation Of Extent Of Transportation Of Supplies By AUG 1992
Sea
52.203-2
(a) The offeror certifies that -(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition,
any consultation, communication, or agreement with any other offeror or competitor relating to
(i) Those prices,
(ii) The intention to submit an offer, or
(iii) The methods of factors used to calculate the prices offered:
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to
any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the
case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit
an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory -(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal,
and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1)
through (a)(3) of this provision; or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals
have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this
provison ______________________________________________________ (insert full name of person(s) in the
offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her
position in the offeror's organization);
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not
participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs
(a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a
signed statement setting forth in detail the circumstances of the disclosure.
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(End of clause)
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52.209-5
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that(i) The Offeror and/or any of its Principals(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award
of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment
rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust
statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen
property (if offeror checks have, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity
with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and
(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent
Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not
finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the
liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
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(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax
liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection
action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles
the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a
final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer
has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been
issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals
contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the
course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no
prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the
taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal
rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making
timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the
taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection
action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts
terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having
primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract
award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in
withholding of an award under this solicitation. However, the certification will be considered in connection with a
determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of
an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of
business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was
placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification,
in addition to other remedies available to the Government, the Contracting Officer may terminate the contract
resulting from this solicitation for default.
(End of provision)
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52.219-1
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 483111.
(2) The small business size standard is 500 employees.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a
construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500
employees.
(b) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.
(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)
The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business
concern as defined in 13 CFR 124.1002.
(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)
The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the
offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The
offeror represents as part of its offer that-(i) It ( ) is, ( ) is not a WOSB concern eligible under the WOSB Program, has provided all the required documents
to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its
eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the
representation in paragraph (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB
Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible
under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each
WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed
copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror
represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this
provision.] The offeror represents as part of its offer that-(i) It ( ) is, ( ) is not an EDWOSB concern eligible under the WOSB Program, has provided all the required
documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that
affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the
representation in paragraph (b)(5)(i) of this provision is accurate for each EDWOSB concern participating in the
joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that
are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall
submit a separate signed copy of the EDWOSB representation.
(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.)
The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.
(7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of
this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned
small business concern.
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(8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.]
The offeror represents, as part of its offer, that-(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of
Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material
change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was
certified by the Small Business Administration in accordance with 13 CFR part 126; and
(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation
in paragraph (b)(8)(i) of this provision is accurate for the HUBZone small business concern or concerns that are
participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern
or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern
participating in the joint venture shall submit a separate signed copy of the HUBZone representation.
(9) (Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.) The offeror shall
check the category in which its ownership falls:
____ Black American.
____ Hispanic American.
____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei,
Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the
Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the
Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu,
or Nauru).
____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri
Lanka, Bhutan, the Maldives Islands, or Nepal).
____ Individual/concern, other than one of the preceding.
(c) Definitions. As used in this provision-Service-disabled veteran-owned small business concern-(1) Means a small business concern-(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any
publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled
veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans
or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver
of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is serviceconnected, as defined in 38 U.S.C. 101(16).
N00033-13-R-2015
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"Small business concern," means a concern, including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business
under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.
Veteran-owned small business concern means a small business concern-(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more
veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned small business concern," means a small business concern -(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least
51 percent of the stock of which is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
(d) Notice.
(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the
clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be
furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small
disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the
preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other
provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
(End of provision)
52.222-22
The offeror represents that -(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of
this solicitation;
(b) ( ) It has, ( ) has not, filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be
obtained before subcontract awards.
(End of provision)
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52.222-25
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(b) Certification. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted
business operations in Sudan.
(End of provision)
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Section L - Instructions, Conditions and Notices to Bidders
SECTION L
SECTION L
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
L-1
L-2
NUMBER OF OFFERS
Offerors shall make one (1) complete offer for each proposed vessel.
L-3
SUBMISSION OF OFFERS
L-3.1
Offers must be submitted by mail or hand delivery only (including commercial express
delivery services) and should be enclosed in a sealed package. Final proposal revisions
(FPRs), if requested by the Contracting Officer, may be submitted by electronic mail (see
Section L-3.10).
L-3.2
Hand delivered and mailed proposals shall be sent to the following location and must be
received there prior to the due date and time for proposal submission:
Military Sealift Command
Attn: Ms. Veronica Gekhman, N1031
914 Charles Morris Court SE
Washington Navy Yard, DC 20398-5540
L-3.3
Access to the Navy Yard, where MSC is located, is restricted. Offerors and couriers and
other delivery services may encounter unpredictable and lengthy delays or denied access
when attempting to enter that facility. Similarly, mailed and emailed proposals may
encounter unpredictable and lengthy routing delays. In all cases, offerors are responsible
N00033-13-R-2015
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for the risks associated with the chosen delivery method and for ensuring that the
Government receives the complete proposal at the appropriate designated location prior
to the due date and time for proposal submission.
L-3.4
Neither telegraphic nor facsimile offers will be considered; however, offers may be
modified by written, telegraphic, electronic mail, or facsimile notice, if that notice is
received by the time specified for receipt of offers. A signed .pdf file of the offer
modification must be attached if the submission is via electronic mail.
L-3.5
Two separately bound volumes shall be submitted (Volume I Technical, and Volume II
Solicitation Package/Price/Past Performance), with tabs or markings separating each
section. Offerors must submit proposals in accordance with the following:
Volume
Number of
Originals
Number of
Copies
I
II
1
1
4
1
Number of
Electronic Copies
(provided via CDs)
1
1
Proposals shall not contain any classified information. Any portion of an offer, which
the offeror considers business sensitive, should be clearly marked as such (see FAR
52.215-1(e)).
L-3.7
Offers must arrive prior to the date and time indicated in Block Number 9 of the
Standard Form 33 for this solicitation and shall remain firm for a period of not less than
sixty (60) calendar days from the date of the initial offer, or if discussions are held and
final proposals submitted, sixty (60) calendar days from the date of the offerors final
proposal revisions.
L-3.8 For treatment of late proposals or modifications of proposals see FAR 52.215-1.
L-3.9
For electronic copies, indicate on each media storage device the Volume Title,
Solicitation Number, and offeror name. Use separate files to permit rapid location of all
portions including exhibits, annexes and attachments if any. The offeror shall submit
proposal volumes in electronic format using Microsoft Windows-compatible, virus-free,
stable media storage devices capable of being read on a DVD/CD-ROM drive. If files
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are compressed then the necessary decompression program must be included. Each
Volume shall be submitted on a separate media storage device. The electronic copies of
the proposal shall be submitted in a format readable by Microsoft Office XP
Professional. For evaluation purposes, the original hardcopy versions of each proposal
volume shall be considered the official proposal submission.
L-3.10 For Final Proposal Revisions submitted via electronic mail, proposals shall be in either
Adobe, Microsoft Word, with the exception of the signed SF1449, any amendments,
which must be included in a proposal as scanned .pdf files, and the price proposal, which
must be submitted in Microsoft Excel format. Offerors are advised that the Government
may be unable to receive other types of electronic files (e.g., .zip files) or files in excess
of 20 megabytes. To be timely, an E-mail proposal must be received in its entirety in the
designated E-mail inbox by the due date and time for final proposal submission. An Email proposal that resides on a Government server, but has not appeared in the
designated E-mail inbox by the due date and time for proposal submission will be
considered late in accordance with FAR 15.208(b).
L-4
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Certifications
C-2.6
Minimum Range
C-3.1.1
Draft
C-3.1.2
Length
C-3.1.3
Speed C-3.1.4
Seakeeping/docking
and station keeping
(including small
boats)
C-3.1.5
Endurance
C-3.1.6
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Craft
Launch/Recovery
Systems C-3.2.2
The flight deck shall also meet NAVAIR requirements for Level I, Class 4,
Special Type 2 vertical replenishment operations (VERTREP) for the H-60
series, CH-53K, H-46, CH-47, and V-22 aircraft.
The contractor shall provide four (4) launch and recovery systems to launch and
recover up to 12.5m x 3m craft with a minimum draft of 2m. The launch and
recovery system shall be capable of lifting and supporting 30,000 pounds per craft
and shall meet the requirements of the ABS Guide for Certification of Lifting
Appliances (latest revision), including the requirements for personnel lifting. The
contractor shall be able to launch two (2) manned craft in 20 minutes.
Fuel C-3.1.7
Covered/Enclosed
Craft Storage/Craft
Work Area
Covered/Enclosed
Craft Storage/Craft
Work Area
C-3.2.4
Two (2) 110v 30A and outlets near the launch and recovery system.
Each outlet shall be sealed to prevent salt water intrusion.
Freshwater supply/hose near the launch and recovery system.
Craft fueling capability at each launch and recovery station.
Capacity for 8,000 gallons MOGAS
The contractor shall utilize the Craft Launch and Recovery Systems to launch and
recover four (4) Jet Ski sized craft and a Zodiac F470 craft.
Launch and recovery system must include adjacent stowage positions
for up to four (4) Jet Ski craft and four (4) Zodiac F470 or a
combination of the two (2), no greater than eight (8) total
The contractor shall provide a covered storage area with a minimum of:
18 ft height, with minimum 30 ft opening to accommodate eight (8)
craft up to 12.5m x 3m, one (1) 10m craft, four (4) Jet Ski craft and
four (4) Zodiac F470.
Must be adjacent to the craft launch and recovery systems to allow for
easy transfer and movement of personnel and equipment and ease of
maintenance.
Must be sealed from the outside environment to prevent saltwater or
outside air intrusion into the space.
No portion of the interior may be visible to any outside observer.
500 sq ft mechanic workspace with workbench, modular drawer
storage cabinets (Vidmar or equal), electrical outlets, and
compressed air.
300 sq ft secure communications storage and coxswain electronics
maintenance space.
Exhaust fans to allow removal of craft engine exhaust and to facilitate
the drying of craft and equipment.
5 ft of clearance shall be provided around the front and back of each
of the eight (8) craft.
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Small Craft/Rotary
Wing Fueling
C-3.2.5
Fueling at Sea
(FAS) C3.2.6
Government Work
Spaces
Requirements C3.3.2
220 V 30A and 110 V 30A outlets in craft storage / work areas.
Include space for one (1) ISU 8' L x 9' W x 8' H.
Include freshwater hookups for garden hose style connection and
exhaust fans to allow removal of craft engine exhaust.
Two (2) LP air lines from the ship service air system with a retractable
reel system with standard air nozzles and 100 ft hoses in the
storage/work area. The exact location of the LP air lines will be
coordinated at a later time.
Small craft stowage locations require adequate tie downs to secure the
30,000lb craft in up to sea state 5
Crane with a 2,000 lb lift capacity for the ability to pull craft engines.
The contractor shall provide four (4) separate internal fueling/filtering systems for
MOGAS and four (4) separate fueling/filtering stations for AVFUEL, to include
one (1) 100LL. If internal storage is not available, the contractor shall install three
(3) GFE Fuel System (USCG approved) containers. Two (2) shall be 20'L x8'W
x8'H containers with a 4,000 gallon capacity for craft refueling and one (1) shall be
a 20'L x8W 'x8'H container with 4,000 gallon capacity for rotary wing refueling.
The contractor shall provide a shelter for each of the Fuel Systems. Additionally,
these fuel systems need to be hardwired into the vessel electrical distribution
system.
A single-hose, single-probe fuel STREAM receiver station shall be provided on
the starboard side of the vessel in accordance with NTTP 4-01.4 UNDERWAY
REPLENISHMENT and NAVSHIPS drawing 804-2227933. Station shall be
provided with gypsy winch (coastal Marine 1G4-150S7-16-40, or equal) located
aft of the receiver probe for inhaul of hose messenger and span wire.
The contractor shall provide multiple JP5 fueling station(s) in close proximity to
the small craft launch and recovery system and flight deck with an overall capacity
of 150,000 gal of JP5 fuel. The contractor shall provide the required hoses and
nozzles.
The contractor shall provide berthing/habitability accommodations for two
hundred seven (207) Sponsor personnel in accordance with Attachment 2.
Adequate showers/heads shall be provided. All accommodations shall be air
conditioned and heated.
The contractor shall make available self-service laundry facilities. The contractor
shall provide commercial grade heavy duty machines to accommodate two
hundred seven (207) Sponsor personnel. Laundry facilities will be available at all
times and will include a sufficient amount of cleaning supplies, iron, ironing board
and ironing board cover.
The contractor shall provide the work spaces listed in paragraph(s) C-3.3.2 a-m.
Unless otherwise specified, the contractor shall ensure adequate cooling with a
maximum temperature of 80 degrees F and adequate office lighting with dimmers
shall be installed.
Medical Spaces
C-3.3.2.m
The contractor shall provide a medical space where the primary focus shall be
support of a surged Surgical Response Team (SRT). The secondary focus shall be
support of shipboard medical clinic operations run by an independent duty
corpsman or civilian equivalent.
Government
Equipment Space
Requirements
C-3.3.3
The contractor shall provide sufficient space to accommodate the GFE listed in
Paragraphs C-3.3.3.c.1 through C-3.3.3.c.7.
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Communications
Requirements
C-3.4
The contractor shall provide space and power for mounting GFE described in:
C-3.4.1 Internal Communications; C-3.4.2 External Communications; and C-3.4.3
Network Requirements/Access
Required antennae
mounting
C-3.4.4
The contractor shall provide space and power as stated in Section C-3.4.4,
including Paragraphs C-3.4.4.1 through C-3.4.4.17.
Security
Requirements/Force
Protection
C-3.4.5
The contractor shall establish, provide, and install the requirements listed in
Paragraphs C-3.4.5 through 3.4.11.
Water Supply
C-3.4.12
The contractor shall provide a minimum of 22,500 gallons per day of potable
water production to support sponsor personnel and crew living onboard and 6,000
gallons per day of fresh water for wash down of embarked equipment, gear and
machinery. The Contractor shall also provide a reserve water capacity in case the
primary system suffers a casualty.
The vessel shall have a minimum 15 ton ships crane capable of supporting 24hour crane services in support of Government requirements. This crane shall be
separate from the Craft Launch and Recovery System.
Crane Support
C-3.4.13
within the last five (5) years, operating and manning a deep ocean going
vessel (greater than 1600 tons).
(d) Maintenance and Repair: Offerors shall demonstrate recent experience,
within the last five (5) years, in soliciting, awarding, and managing
shipyard overhauls, voyage repairs, and crew capable repairs.
L-4.2 Volume II Solicitation Package, Price Proposal, and Past Performance Information
L-4.2.1 With the exception of the Technical Proposal contents, Volume II contains all
additional information and documentation necessary to demonstrate compliance with the
requirements of the solicitation, including the offerors pricing and past performance
information.
L-4.2.2 Volume II shall contain the following :
(1) Proposal Cover Letter that includes:
(i) The solicitation number, the name, address, and telephone and facsimile
numbers of the offeror (and electronic address if available);
(ii) A statement specifying the extent of agreement with all terms,
conditions, and provisions included in the solicitation and agreement to
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furnish any or all items upon which prices are offered at the price set
opposite each item;
(iii) The names, titles, and telephone and facsimile numbers (and electronic
addresses if available) of persons authorized to negotiate on the offeror's
behalf with the Government in connection with this solicitation; and
(iv) Name, title, and signature of person authorized to sign the proposal.
Proposals signed by an agent shall be accompanied by evidence of that
agent's authority, unless that evidence has been previously furnished to
the issuing office.
(v) Offeror shall certify that it currently owns or is the bareboat charterer of
the vessel(s) or has an irrevocable, legally enforceable right (e.g.,
contract or option) to purchase, bareboat charter or lease the vessel(s)
proposed, for the duration of any charter awarded pursuant to this
solicitation (including any extension thereto). Any such right to
purchase, bareboat charter or lease the vessel(s) may be contingent upon
receipt of award of a contract under this solicitation. In the event the
offeror is not the owner or bareboat charterer of the vessel(s) at the time
of submission of its offer, offeror shall provide as part of its proposal the
following evidence of the legally enforceable right (e.g., contract or
option) to purchase, bareboat charter or lease the vessel(s) proposed:
Identity of current owner
Current nation of registry
Description and date of contract or option to purchase,
bareboat charter or lease the vessel
Name and position of signatories to such contract or option
Offeror shall provide documentation corroborating such certification if
requested by the Contracting Officer, to include, but not limited to,
copies of any contracts or agreements to purchase or lease such
vessel(s).
(2) Standard Form (SF) 33 (page 1 of the RFP) with blocks 12 through 18
completed (signed and dated). Failure to submit a signed and dated SF 33
may result in rejection of the offer.
(3) Representations and Certifications. The offeror must submit a complete
Representations and Certifications of all applicable provisions included in
the solicitation. Items which are not applicable must be marked N/A. If
an offeror has completed its representations and certifications online, it must
so state in its proposal.
(4) Attachment 16, Standard Form SF-LLL, Disclosure of Lobbying
Activities.
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L-8 Security
The performance of this contract requires that the offeror have a SECRET facility clearance granted by a
Military Department. The Government expects that there will be no lag between award and
commencement of performance, during which a prospective offeror without a facility clearance could
obtain one.
52.211-6
52.215-1
52.215-16
52.222-24
252.225-7003
52.211-3
AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL
SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988)
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The specifications cited in this solicitation may be obtained from:
Military Sealift Command, PM2
914 Charles Morris Court SE
Washington Navy Yard, DC 20398-5540
202-433-0726
Margaret Metz
margaret.metz@navy.mil
The request should identify the solicitation number and the specification requested by date, title, and number, as
cited in the solicitation.
(End of clause)
52.215-20
REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION OTHER
THAN CERTIFIED COST OR PRICING DATA (OCT 2010)ALTERNATE IV (OCT 2010)
(a) Submission of certified cost or pricing data is not required.
(b) Provide data described below:
i) Pricing information as outlined in Section L-4.2.2(11)
ii) Breakdown of the major elements included in the offerors proposed cancellation fee, (Specialtime Box
22) if not zero.
(End of provision)
52.216-1
The Government contemplates award of a fixed-price contract with reimbursable items resulting from this
solicitation.
(End of provision)
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(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than
Central Contractor Registration, the Government has designated the office cited in paragraph (c) of this clause as the
office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this
contract.
(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in
paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office
than that designated in paragraph (c). The Government need not use any EFT information sent to any office other
than that designated in paragraph (c).
(c) Designated Office:
Name: Military Sealift Command
Mailing Address:
Washington Navy Yard
ATTN: Code N8
914 Charles Morris Ct, SE
Washington, DC 20398-5540
Telephone Number: 202-685-5878
Person to Contact: Brenda Hunter
Electronic Address: brenda.hunter@navy.mil
(End of clause)
52.233-2
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an
agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served
on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from
Veronica Gekhman
Military Sealift Command
914 Charles Morris Court, S.E.
Washington Navy Yard, Building 157
Washington, DC 20398-5540.
Interested parties may request an independent review of their protest as an alternative to consideration by the
contracting officer or as an appeal of the contracting officers decision on their protest. See FAR 33.103. Requests
for independent review shall be addressed to:
Director, Contracts & Business Management Directorate, Code N10
Military Sealift Command
914 Charles Morris Court, S.E.
Washington Navy Yard, Building 157
Washington, DC 20398-5540.
MSC encourages potential protestors to discuss their concerns with the Contracting Officer prior to filing a protest.
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(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the
GAO.
(End of provision)
52.252-1
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is
cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its
quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by
paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a
solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far/
http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
(End of provision
52.252-5
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an
authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is
indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
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(iii) The components, processes, and requirements for the identification, training, and preparedness of personnel who
are capable of relocating to alternate facilities or performing work from home;
(iv) Any established alert and notification procedures for mobilizing identified ``essential contractor service''
personnel; and
(v) The approach for communicating expectations to contractor employees regarding their roles and responsibilities
during a crisis.
(End of provision)
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Section M - Evaluation Factors for Award
SECTION M
SECTION M
EVALUATION FACTORS FOR AWARD
M-1 BASIS FOR AWARD. The Government will evaluate offers on a Lowest Price Technically
Acceptable (LPTA) basis in accordance with FAR 15.101-2. The evaluation will be conducted in
accordance with Sections L and M of the RFP. The technical factor and past performance will be
evaluated on an acceptable/unacceptable basis. Technical tradeoffs will not be made and no additional
credit will be given for exceeding the minimum requirements of the solicitation. Award will be made to
the offeror with the lowest evaluated price proposal and acceptable past performance whose offer
conforms fully to the solicitation requirements and meets the acceptability standards for all non-price
factors. In order to be considered for award, an offer must receive an acceptable rating in every nonprice factor. An unacceptable rating in any non-price factor will render the entire offer unacceptable.
The Government reserves the right to accept any offer or portion of offer unless the proposal specifically
states otherwise. The Government intends to make an award for the charter of one vessel. Each vessel
proposed will be independently evaluated.
M-2 EVALUATION FACTORS.
(a) In selecting the lowest-priced, technically acceptable offer, the following factors will be
evaluated:
Factor 1: Technical
Factor 2: Past Performance
Factor 3: Price
(b) The paragraphs below provide expanded descriptions of the factors upon which proposals will be
evaluated and rated.
M-2.1 Technical.
All proposals will be evaluated based on the requirements listed in Section L-4.1.2(3). Technical
proposals will be evaluated based on acceptable/unacceptable criteria. In order to be determined
technically acceptable, and thus be eligible for award, vessels must meet or exceed the requirements for
the technical factor described in Section L-4.1.2(3).
Proposals rated unacceptable for any of the technical requirements listed in Section L-4.1.2(3) will be
rated overall unacceptable for the technical factor.
M-2.2 Past Performance.
(a) The past performance evaluation will assess the offerors probability of meeting the solicitation
requirements. To develop an overall rating, the Governments evaluation will take into account
relevant information submitted by each offeror as part of its proposal and the Governments
assessment and evaluation of other sources of information. Other sources of information for past
performance may include, but are not limited to, Past Performance Information Retrieval System
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(PPIRS) reports, the Federal Awardee Performance and Integrity Information System (FAPIIS),
Electronic Subcontract Report System (ESRS), other databases, questionnaires and interviews.
(b) The Government will consider the recency and relevancy of past performance information
compared to the requirements detailed in the PWS, the source of the information, the context of
the data and general trends in the offerors performance and any associated risk.
(c) The Government will consider the extent of the offerors ability to perform a previous contract
successfully in the areas of; (a) quality of product or services; (b) timeliness or scheduling of
supplies/deliveries; (c) business relations/customer satisfaction; (d) key personnel and staffing
(including subcontractors); and (e) cost controls (COST CONTRACTS ONLY).
(d) The Government may consider the company itself, predecessor companies, key personnel who
have relevant experience and subcontractors who will perform major or critical aspects of the
requirement.
(e) For all offerors, the Government will consider historical compliance with the requirements of
FAR Part 52.219-8 (Utilization of Small Business Concerns). In addition, for large businesses,
the Government will consider historical compliance with the requirements of FAR Part 52.219-9
(Small Business Subcontracting Plan) and DFARS 252.219-7003 (Small Business Subcontracting
Plan, DOD Requirements).
(f) The Government reserves the right to consider Past Performance Questionnaires received after the
due date for receipt of proposals. The Government reserves the right to contact references for
verification or additional information and the right to consider other relevant past performance
information. The Government may call customers, whether or not provided by the offeror, to
inquire about the offerors past performance. The Government does not assume the duty to
search for data to cure the problems it finds with the information provided by the offeror. The
burden of providing thorough and complete past performance information remains with the
offeror.
(g)In accordance with FAR 15.305(a) (2) (iv), an offeror without a record of relevant past
performance or for whom information on past performance is not available, will not be evaluated
favorably or unfavorably on past performance, and will be given a rating of acceptable on the
past performance evaluation factor.
M-2.3 Price.
M-2.3.1 General. Price analysis techniques will be used to determine price reasonableness. Materially
unbalanced offers will not be considered for award.
M-2.3.2 Evaluated Price.
(a) The total evaluated price will equal the sum of the total dollar amounts offered for program
management support of ramp-up period, vessel modifications, charter hire and fuel for the firm
and option time periods, and any other costs (excluding ROS rates and cancellation fees) set
forth in the offer. For evaluation purposes, any additional costs (excluding ROS rates and
cancellation fees) not already incorporated in the program management support of the ramp-up
period, vessel modifications, or charter hire will be incorporated as part of the time charter firm
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period price. The total Program Management Support of Ramp-Up Period will equal the offered
daily rate multiplied by the number of days in the ramp-up period portion of the firm period
(approximately 204). The total Charter Hire will equal the offered daily rate multiplied by the
number of days in the period (approximately 161 in the charter portion of the firm period, 365 in
option periods 1, 3 and 4, and 366 in option period 2). The proposed price must be determined to
be fair and reasonable prior to award.
(b) For evaluation purposes, fuel cost will be based upon the fuel consumption figures provided in
each proposal, calculated according to the operational tempo of the mission. Fuel consumption
will be calculated using the operational tempo in the table below. Evaluated fuel consumption
will be added to the evaluated price for each contract period.
Operational Tempo
Underway
Loiter/Anchor
In Port
23%
72%
5%
(c) Fuel consumption costs will be calculated using the most current Defense Logistics AgencyEnergy (DLA-E) standard prices and fuel conversion factors. The following DLA-E FY 2013
rates, effective 01 October 2012, will be used:
Type
IFO 180/RME-180 Open
Market
IFO 380/RMG-380 Open
Market
MGO Open Market
Price
$767.45 per metric ton
$760.62 per metric ton
$1,198.14 per metric
ton
(d) The above fuels are the only available fuel at DESC/Defense Fuel Stocking Points (DFSPs). Only
the above fuels will be used for evaluation purposes. Offerors shall propose fuels from the above
list (whichever types are appropriate for their vessel) and warrant the fuel consumption for each
type of fuel chosen. When multiple fuels are proposed, the fuel with the lowest per unit cost will
be used for evaluation purposes.
M-2.3.3 Other Rates and Cancellation Fee. While not evaluated for contract award, ROS rates and
cancellation fees submitted will be analyzed for price reasonableness.
M-3 COMPLIANCE WITH SOLICITATION REQUIREMENTS.
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(a) Proposals will be evaluated to determine compliance with all of the Instructions, Conditions and
Notices to Offerors contained in Section L of the solicitation including proposal submission
requirements. The solicitation requirements include all stated terms, conditions, representations,
certifications, and other information required by Section L of this solicitation. Proposals must
provide unconditional assent to the material terms of the solicitation. In accordance with FAR
52.215-1, the Government may waive informalities and minor irregularities in proposals
received.
(b) For large businesses, the Government will evaluate the Small Business Subcontracting Plan in
accordance with FAR 52.219-9. Failure to submit and negotiate a subcontracting plan
acceptable to the Contacting Officer may make the offeror ineligible for award of a contract.
M-4 NOTICE OF AWARD. A written notice of award or acceptance of an offer, mailed or otherwise
furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a
binding contract without further action by either party. Before the offer's specified expiration time, the
Government may accept an offer (or part of an offer), whether or not there are negotiations after its
receipt, unless a written notice of withdrawal is received before award.
M-5 AWARD WITHOUT DISCUSSIONS. Pursuant to FAR 52.215-1(f), Instructions to OfferorsCommercial Items (JAN 2004), the Government intends to award a contract resulting from this
solicitation to the responsible offeror whose proposal represents the best value after evaluation in
accordance with the factors and in the solicitation. The Government intends to evaluate proposals and
award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)).
The Government reserves the right to conduct discussions if the Contracting Officer later determines
them to be necessary.
CLAUSES INCORPORATED BY REFERENCE
52.217-5
Evaluation Of Options
JUL 1990