Maritime Support Vessel Requirements

2. CONTRACT NO.5. DATE ISSUED 4. TYP E OF SOLICITATION [ ] SEALED BID (IFB) 3. SOLICITATION NO. N00033-13-R-2015 7. ISSUED BY OF P AGES 1 (If other than Item 7) See Item 7 TEL: 202-685-5947 P AGE 126 6. REQUISITION/P URCHASE NO. 15 Nov 2012 [ X ] NEGOTIATED (RFP ) 8. ADDRESS OFFER TO CODE N00033 MILITARY SEALIFT COMMAND, N1031/PM2 914 CHARLES MORRIS COURT SE WASHINGTON NAVY YARD DC 20398-5540 RATING 1. THIS CONTRACT IS A RATED ORDER UNDER DP AS (15 CFR 700) SOLICITATION, OFFER AND AWARD 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 B. TELEP HONE (Include area code) 202-433-0726 (NO COLLECT CALLS) C. E-MAIL ADDRESS margaret.metz@navy .mil 11. T ABLE OF CONT ENT S PAGE(S) (X) SEC. 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 OFFER (Must be fully completed by offeror) NOT E: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period. 12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. 13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8) 14. ACKNOWLEDGMENT OF AMENDMENT S (T he offeror acknowledges receipt of amendments to the SOLICIT AT ION for offerors and related documents numbered and dated): CODE 15A. NAME AND ADDRESS OF OFFEROR 15B. T ELEPHONE NO AMENDMENT NO. FACILIT Y DAT E 16. NAME AND T IT LE OF PERSON AUT HORIZED T O SIGN OFFER (T ype or print) 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE. (Include area code) AMENDMENT NO. DAT E 17. SIGNAT URE 18. OFFER DAT E AWARD (To be completed by Government) 19. ACCEP TED AS TO ITEMS NUMBERED 21. ACCOUNTING AND AP P ROP RIATION 20. AMOUNT 23. SUBMIT INVOICES T O ADDRESS SHOWN IN 22. AUTHORITY FOR USING OTHER THAN FULL AND OP EN COMP ETITION: 10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( 24. ADMINISTERED BY (If other than Item 7) ) CODE 25. P AYMENT WILL BE MADE BY 26. NAME OF CONTRACTING OFFICER (Type or print) TEL: IT EM (4 copies unless otherwise specified) 27. UNITED STATES OF AMERICA EMAIL: CODE 28. AWARD DATE (Signature of Contracting Officer) 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 STANDARD FORM 33 (REV. 9-97) Prescribed by GSA FAR (48 CFR) 53.214(c) N00033-13-R-2015 Page 2 of 127 Section A - Solicitation/Contract Form PREAMBLE MSC RFP N00033-13-R-2015 SPECIAL TIME UNDER FAR PART 15 1. This Request for Proposals (RFP) is a solicitation for offers to perform a Charter Party (the “contract” or “Charter”) in accordance with the terms and conditions herein. 2. The Charter, when awarded, will consist of the completed Standard Form SF-33, this Preamble, the Box format, Section B, “Supplies or Services and Prices” through Section J, “List of Attachments,” and the attachments themselves. 3. The signature of the Contracting Officer on the SF-33 signifies acceptance of the contractor’s proposal and award of the Charter. The SF-33, the Box format, Sections B through J, and Attachments listed in Section J contain in full all of the amendments, references, responses, deletions, additions and interlineations made by both parties to the RFP and the proposal as of the Charter Party date. In the event there is any inconsistency between the terms and conditions of this solicitation and those in an offeror’s proposal, this solicitation shall control, unless the offeror clearly indicates that it has offered terms and conditions inconsistent with this solicitation and the Government has accepted the changed terms and conditions. All references to boxes in Sections B through M shall be to the Box format of Section B unless otherwise stated. 4. Each part and each portion of each part of this Charter Party shall be deemed severable, and should any part or any portion thereof be held invalid, illegal, or unenforceable, the remaining parts and portions thereof shall continue in full force and effect. The headings herein are for the sake of convenience and reference only, and shall not affect the interpretation of this Charter Party. 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: Contract Number (date): N00033-13-R-2015 1. Vessel Required: TBD (TBD) 2. Place/Range of Delivery: Little Creek, VA See RFP Section C 3. Place/Range of Redelivery: 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. 6. Terms/Conditions/Attachments added, deleted or modified: N00033-13-R-2015 Page 4 of 127 Vessel: 7. Vessel/Flag/Year Built: 8. Proposal Firm Until: UNLESS OTHERWISE SPECIFIED, PROPOSAL IS FIRM FOR 60 DAYS FROM THE DUE DATE FOR OFFERS 9. Amendments Acknowledged (amendment numbers and dates) 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) 13. — 17. RESERVED N00033-13-R-2015 Page 5 of 127 Vessel: PER DIEM RATES FIRM PERIOD FULL OPERATIONAL STATUS RATES 18A. USD per diem FIRST OPTION PERIOD FULL OPERATIONAL STATUS RATES 18B. USD per diem SECOND OPTION PERIOD FULL OPERATIONAL STATUS RATES 18C. THIRD OPTION PERIOD FULL OPERATIONAL STATUS RATES 18D. FOURTH OPTION PERIOD FULL OPERATIONAL STATUS RATES 18E. 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. 21. Indicate crewing arrangements during ROS (Less Than 10 Days): 22. Other Costs: RESERVED 20A. N/A RESERVED 20B. N/A RESERVED 20C. N/A RESERVED 20D. N/A RESERVED 20E. N/A N00033-13-R-2015 Page 6 of 127 22. Other Costs (continued): Cancellation Fee (see Section H-43): 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 conditions in Section H-43 and according to the following schedule: Prior to Delivery of Vessel During Firm Charter Performance Period During 1st Optional Performance Period During 2nd Optional Performance Period During 3rd Optional Performance Period During 4th Optional Performance Period $ $ $ $ $ $ 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 $ N00033-13-R-2015 Page 7 of 127 Vessel(s): 23. Laydays Proposed: 24. Estimated Readiness Date (see Section L-4.1.2(2): (1) (2) GENERAL 25. Vessel type and, if applicable, MARAD design type: 26. Place built: 27. Year built: 28. INMARSAT Ident.: 29. Vessel's e-mail/Fax: 30. Call Letters: 31. Official number: 32. Net registered tonnage: 33. Panama Canal tonnage: 34. Gross registered tonnage: 35. Suez Canal tonnage: 36. Beam (extreme): a. (ft) 37. Length Overall: a. (ft) b. (m) 39. Length between perpendiculars: a. (ft) b. (m) 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: 46. Nationality of Master/Officers/Crew: 48. Classification society entered and class assigned: 49. Insured value of vessel (USD) 50. Vessel's present position/destination: 51. Last dry-dock date (mm/dd/yy): 52. Next dry-dock date (mm/dd/yy): 53. MARAd subsidized vessel: Yes No N00033-13-R-2015 Page 8 of 127 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 Page 9 of 127 Vessel(s): FUEL CONSUMPTION AT SERVICE SPEEDS 57. Average warranted speed (knots, for laden, moderate weather) 58. Reserved. 59. Average fuel consumption (net bbls at 60 deg F and grade(s): for laden, moderate weather passage as speed identified in Box 57; not including auxiliaries) 60. Average fuel consumption at loiter/anchor(net bbls at 60 deg F and grade(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 PLEASE COMPLETE BOX 63B IN ENTIRETY N00033-13-R-2015 Page 10 of 127 Vessel(s): FUEL GRADE 64. Minimum vessel fuel specifications N00033-13-R-2015 Page 11 of 127 Vessel(s): Box # CONTINUATION N00033-13-R-2015 Page 12 of 127 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 18–19 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 Vessel’s last received communication. Similarly, should the Vessel become a constructive total loss, Charterer may, at its sole discretion, terminate this Charter, in which case hire shall cease to be payable at the time of the casualty resulting in the constructive loss. 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. REIMBURSABLE SUPPLIES AND SERVICES The contractor may be required to purchase supplies and services to support the mission of the vessel. Reimbursement shall be in accordance with Section G, paragraph G-7. The following N00033-13-R-2015 Page 13 of 127 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 Page 14 of 127 0010B0011 0012 0013 0013A0013B0014 0015 0016 0016A0016B0017 0018 ITEM NO 0001 ROS <10 days Rate: OPTION TWO REIMBURSABLES OPTION TWO PORT OPERATIONS COORDINATOR OPTION THREE CHARTER HIRE FOS Rate: ROS <10 days Rate: OPTION THREE REIMBURSABLES OPTION THREE PORT OPERATIONS COORDINATOR OPTION FOUR CHARTER HIRE FOS Rate: ROS <10 days Rate: OPTION FOUR REIMBURSABLES OPTION FOUR PORT OPERATIONS COORDINATOR 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 Firm Period Ramp-Up Program Mgmt Support FFP FOB: Destination NET AMT AMOUNT N00033-13-R-2015 Page 15 of 127 ITEM NO 0002 SUPPLIES/SERVICES QUANTITY UNIT Dollars, U.S. UNIT PRICE AMOUNT Firm Period Ramp-Up Reimbursables FFP FOB: Destination NET AMT ITEM NO 0003 SUPPLIES/SERVICES QUANTITY 1 UNIT Dollars, U.S. UNIT PRICE AMOUNT Firm Period Vessel Modifications FFP FOB: Destination NET AMT ITEM NO 0004 SUPPLIES/SERVICES QUANTITY 1 UNIT Dollars, U.S. UNIT PRICE Firm Period Charter Hire FFP FOB: Destination NET AMT AMOUNT N00033-13-R-2015 Page 16 of 127 ITEM NO 0005 SUPPLIES/SERVICES QUANTITY UNIT Dollars, U.S. UNIT PRICE AMOUNT Firm Period Reimbursables FFP FOB: Destination NET AMT ITEM NO 0006 SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE Firm Period Port Operations Coordinator FFP Not Separately Priced (NSP) FOB: Destination NET AMT AMOUNT N00033-13-R-2015 Page 17 of 127 ITEM NO 0007 SUPPLIES/SERVICES QUANTITY 1 UNIT Dollars, U.S. UNIT PRICE AMOUNT Option One Charter Hire FFP FOB: Destination NET AMT ITEM NO 0008 SUPPLIES/SERVICES QUANTITY UNIT Dollars, U.S. UNIT PRICE AMOUNT Option One Reimbursables FFP FOB: Destination NET AMT ITEM NO 0009 SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE Option One Port Operations Coordinator FFP Not Separately Priced (NSP) FOB: Destination NET AMT AMOUNT N00033-13-R-2015 Page 18 of 127 ITEM NO 0010 SUPPLIES/SERVICES QUANTITY 1 UNIT Dollars, U.S. UNIT PRICE AMOUNT Option Two Charter Hire FFP FOB: Destination NET AMT ITEM NO 0011 SUPPLIES/SERVICES QUANTITY UNIT Dollars, U.S. UNIT PRICE Option Two Reimbursables FFP FOB: Destination NET AMT AMOUNT N00033-13-R-2015 Page 19 of 127 ITEM NO 0012 SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Option Two Port Operations Coordinator FFP Not Sepatarely Priced (NSP) FOB: Destination NET AMT ITEM NO 0013 SUPPLIES/SERVICES QUANTITY 1 UNIT Dollars, U.S. UNIT PRICE AMOUNT Option Three Charter Hire FFP FOB: Destination NET AMT ITEM NO 0014 SUPPLIES/SERVICES QUANTITY UNIT Dollars, U.S. UNIT PRICE Option Three Reimbursables FFP FOB: Destination NET AMT AMOUNT N00033-13-R-2015 Page 20 of 127 ITEM NO 0015 SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Option Three Port Operations Coordinator FFP Not Separately Priced (NSP) FOB: Destination NET AMT ITEM NO 0016 SUPPLIES/SERVICES QUANTITY 1 UNIT Dollars, U.S. UNIT PRICE Option Four Charter Hire FFP FOB: Destination NET AMT AMOUNT N00033-13-R-2015 Page 21 of 127 ITEM NO 0017 SUPPLIES/SERVICES QUANTITY UNIT Dollars, U.S. UNIT PRICE AMOUNT Option Four Reimbursables FFP FOB: Destination NET AMT ITEM NO 0018 SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE Option Four Port Operations Coordinator FFP Not Separately Priced (NSP) FOB: Destination NET AMT AMOUNT N00033-13-R-2015 Page 22 of 127 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. Day and night small craft launch and recovery operations. Refueling small craft onboard and alongside Fueling at Sea (FAS) and vertical replenishments (VERTREPs) for stores. Day and night rotary wing operations. Logistics support (e.g. messing, berthing, communications and physical training facilities, etc.). 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. Schedule (optempo): 24 hours/day operations required Percent of time underway at transit speed in operating area: 20% Percent of time underway at transit speed (out of the operating area): 3% Percent of time underway at loiter/anchor: 72% Percent of time in port: 5% C-1.7 Ship Clearances. The Government will secure diplomatic clearances and operational area clearances when and where required. N00033-13-R-2015 Page 23 of 127 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 contractor’s 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 contractor’s 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 contractor’s 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. N00033-13-R-2015 Page 24 of 127 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 Organization’s (IMO) International Safety Management Code (ISM). This system can be developed and implemented in conjunction with the contractor’s 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). N00033-13-R-2015 Page 25 of 127 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. N00033-13-R-2015 Page 26 of 127 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. N00033-13-R-2015 Page 27 of 127 •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. C-3.2.5 Small Craft / Rotary Wing Fueling. 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 x8'W 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. If GFE fuel systems are installed, the contractor shall install ballistic protection to the exterior of all three (3) GFE provided Fuel Systems. The sides of each fuel container shall be protected with .375 inch thickness steel armor, and the top of the container shall be protected with 1/4 inch thickness steel armor. All steel armor shall meet the requirements of the MIL-DTL-46100E for Class-I-High-Hardness Steel Armor plate. The contractor shall ensure the supplier(s) of the steel armor provide documentation to verify conformance to MIL-DTL-46100E. When installed the armor plate shall not interfere with International Organization for Standardization (ISO) 1161 Corner Fittings and/or interfacing connector locks. The contractor shall ensure features are built into the ballistic protection to accommodate ready access to all the components/equipment requiring manual inspection, operation, monitoring, and maintenance and/or servicing. At a minimum, access shall be provided for the following system components: •Generator and associated control fittings • Meters and gauges •Dispensing hose reel(s) • Grounding cable(s) •Emergency shut-off filters •Fill ports/manholes • Electrical outlets/receptacles •Forklift holes Access through the ballistic protection shall not require the need for hand tools or shall not degrade the overall level of ballistic protection. The contractor shall ensure offset ballistic plates be installed on inboard side of fuel container sized for natural ventilation of the air space surrounding the fuel tank. The fuel tank shall be vented to the exterior of the ballistic protection and away from the other ventilation openings. The contractor shall ensure the armor is prepped, primed and coated for corrosion protection. The coating system shall match that used to protect ferrous steel shipboard structure directly exposed to the weather. The finish and color shall match the surround deck structure. C-3.2.6 Fueling at Sea (FAS). 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 N00033-13-R-2015 Page 28 of 127 (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 ¼ 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 ½ 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 ½ 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 ¼ 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, N00033-13-R-2015 Page 29 of 127 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 Five (5) workstations Six (6) GFE printers Two (2) GFE scanners Two (2) GFE shredders Eight (8) GFE flat panel TV screens (greater than 50") Eight (8) GFE communication radios (PRC-117's) One (1) Standard nautical chart table High Definition split screen display system One (1) GFE Iridium Docking Station One (1) GFE World clock Additional support requirements Contractor provided desks/tables and chairs shall accommodate two (2) GFE laptop computers and two (2) monitors at each workstation. Each workstation shall include two (2) empty electrical outlets and three (3) local area network (LAN) drops. Contractor provided desks/tables and chairs shall accommodate four (4) computers and three (3) monitors at each workstation. Each workstation shall include two (2) empty electrical outlets and three (3) LAN drops. Each printer requires a 220V power source and three (3) LAN drops Each scanner requires a 220V power source and three (3) LAN drops Each shredder requires a 220V power source Screens must be mounted together on the same wall. Requires pre-wiring and installation of GFE mounts. Each screen requires two (2) LAN drops. The contractor shall provide an 18-in shelf for video switches/controllers with electrical outlets under the TV wall. Radios must be installed in a central location. Contractor shall provide a radio rack with ventilation and/or exhaust vents sufficient to maintain radio temperatures IAW manufacturer’s guidance, and shall run cables to / from associated antennas. Contractor-provided table shall support maritime navigational planning, and include installed lighting along with a clear top to place chart below it Contractor-provided display system shall be installed in the vicinity of the navigation table and shall permit up to six (6) simultaneous segmented displays, with feeds from RADAR(s) repeater(s), shipboard security camera video, gyro feed, and Forward Looking Infrared (FLIR) display in the conference room. The display system must have the ability to feed to the eight (8) GFE TV screens. Contractor shall provide a manufactured mounting plate to accommodate the docking station N00033-13-R-2015 Page 30 of 127 C-3.3.2.b Communications/Server Room. The contractor shall furnish a dedicated, humidity controlled and lockable communications room (SCIF capable, built to ICD 705 standards) with a separate, attached, lockable storage space for communications equipment. Contractor shall ensure a dedicated stand-alone Air Conditioning (AC) system is installed in the Communications room to ensure adequate cooling for equipment, with a maximum temperature of 80 degrees F. The space shall accommodate the following equipment: Item Ten (10) GFE environmental cabinet server racks Four (4) 19”x36” or two (2) 19” x 72” racks for equipment installation Three (3) workstations One (1) workbench with static free matting, certified for electronics repair Additional support requirements The contractor shall install the racks complete with all hardware to include, but not limited to, slide rails for servers/routers/switches and associated mounting hardware, and a pull-out KVM-linked keyboard/monitor/mouse installed for server management for each rack. Contractor shall provide the workstations Contractor shall provide and hard mount the bench •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 Each printer requires a 220V power source and three (3) LAN drops Requires a 220V power source Requires a 110V power source and three (3) N00033-13-R-2015 Page 31 of 127 (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 N00033-13-R-2015 Page 32 of 127 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 N00033-13-R-2015 Page 33 of 127 capability and access without any trip hazards •Attachment Points. The contractor shall provide multiple, recessed "D" rings on the floor to be used as tie down points for all equipment / exam tables. The contractor shall provide multiple, fold-in wall hooks on the walls for hanging medical gear, ruck sacks, etc. The contractor shall provide brackets to mount six (6) GFE oxygen bottles near the head of each exam table. •Beds / Litter Capacity. The contractor shall provide ten (10) beds. The contractor shall provide multiple GFE universal litter arms, mounted to the wall and able to be swung out to carry multiple litters. • Heads/Showers. The contractor shall provide two (2) heads and two (2) showers in the medical space. •Additional. The contractor shall provide, a hot / cold water sink, sufficient electrical outlets, backup power source, a safe, a refrigerator, suction ports in proximity to the surgical tables, GFE surgical lighting / general medical space lighting and storage cabinets. • Location. Access to the medical space should have methods of entry from the flight deck and craft recovery space. Both methods of entry should be clear of ladders or any obstruction that would prevent a patient from being carried on a back board directly to the facility. •Communications. Three (3) workstations and LAN drops. Contractor provided desks/tables and chairs for GFE provided computers and phones. C-3.3.3 Government Equipment Space Requirements. The contractor shall provide the following. C-3.3.3.a Equipment Stowage. The contractor shall provide space to accommodate twelve (12) - 20'L x 8.7'W x8'H containers and six (6) standard 108"L x 88"W ISU boxes with a minimum of 5' wide walkways between container doors and around the craft. Access to all containers and ISU boxes shall be from the deck level or equivalent internal storage area. The contractor shall provide power for each ISU and each container in the following circuit sizes and quantities: 110V, 60Hz, 10A and (3) 110V, 60 Hz, 20A. C-3.3.3.b Ordnance and Weapons Storage. The contractor shall provide ordnance and weapons storage equal to the size of twenty-two (22) GFE climate controlled Ready Service Lockers (RSLs), four (4) weapons armories and two (2) ISU 90 weapons cleaning facilities. The exterior dimensions of the RSL are 11’L x 9'W x9'H and 20’L x9’W x9’H. The RSLs shall be secured to the deck with sufficient restraint to accommodate all vessel motions; they must be watertight and protected against corrosion. The RSLs shall be installed to allow the doors to swing open and provide sufficient spacing around RSL for all environmental, safety, inspection, and use considerations. Fourteen (14) of the RSLs shall be installed in a single location interior to the ship which prevents their observation from any aerial, sea, or pier side location. One (1) RSL shall be installed by each of the six (6) weapons systems for a total of six (6), and two (2) temporary RSLs will be installed on the flight deck. The contractor shall provide 110v/60Hzl20A power and potable or fresh water for each RSL. Minimum flow required is 28.8 gpm. The contractor shall install appropriate lighting, fire suppression, and alarm systems and must conform to NAVSEA OP 4 and OPNAVINST 5530.13C requirements. C-3.3.3.c Dive Locker. The contractor shall provide space to accommodate a dive locker. The dive locker shall be made of several rooms as described below. The dive locker shall be located within one (1) deck level of the craft launch and recovery area. The dive locker shall also be in close proximity to the medical space, with sufficient space to adequately tend to personnel in a medical emergency. N00033-13-R-2015 Page 34 of 127 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 (20’L x 8’W x 8’H) •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. N00033-13-R-2015 Page 35 of 127 •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 computer’s 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) N00033-13-R-2015 Page 36 of 127 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): N00033-13-R-2015 Page 37 of 127 •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 run 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-3.4.4.5 Antenna#3. Two (2) 1.3m antennae with 8' diameter/10' high radomes, weight 900 lbs to include both antenna and radome (One (1) port side, One (1) starboard side), requiring minimal blockage to facilitate 360 degrees of coverage between both antennas, power; Equipment Control Unit (ECU) power 230/208 VAC 60 Hz single phase power with 20 amps service. •Two (2) contractor manufactured mounting pedestals. Each pedestal must be steel flanged, raised rings that are welded to the deck with 16 x ½ in thru bolt with underside clearance for 1.125 in diameter washer and nut. •Two (2) contractor provided cable runs to control room. C-3.4.4.6 Antenna #4 (top yardarm). •One (1) contractor manufactured plate for GFE provided 14" dia/10lb antenna •One (1) GFE provided cable run from the top of the mast to the workstation designated in the conference room (requires conduit down the mast) C-3.4.4.7 Antenna #5 (port or starboard yardarm): • One (1) GFE antenna with contractor manufactured mounts • One (1) contractor provided LMR 400 ultra flex cable run to the primary communications room antenna • One (1) GFE antenna with contractor manufactured mounts • Two (2) contractor provided LMR 400 ultra-flex cable runs to the primary communications room • Two (2) SMA connectors at the antenna • One (1) SMA/one (1) TNC connectors in the primary communications room. C-3.4.4.8 SATCOM (port and starboard yardarms). •One (1) contractor manufactured plates for four (4) GFE 192mm dia/10lb antennas • Two (2) contractor provided LMR 400 ultra flex cables with N type connectors (both ends) to the primary communications room • Two (2) contractor provided LMR 400 ultra flex cables with N type connectors (both ends) to the conference room • Each of the four (4) omni-directional SATCOM antennas requires 360 degree look angle with at least a 10 degree elevation look angle N00033-13-R-2015 Page 38 of 127 C-3.4.4.9 Additional Antennas. •Four (4) contractor manufactured plates for four (4) GFE 13in long whip antennas •Four (4) contractor provided LMR 400 ultra flex cables with N type connectors (both ends) to the same workstation in the conference room as the Precise Reference Dipole (PRD) antenna cable . C-3.4.4.10 Video Antenna #1 (port and starboard yardarm). • Two (2) contractor manufactured plates for two (2) GFE 3ft long whip antennas • Two (2) contractor provided LMR 400 ultra flex cables with N type connectors (both ends) to the primary communications room C-3.4.4.11 Video Antenna #2 (port and starboard yardarm). •Two (2) contractor manufactured plates for two (2) GFE antennas • Two (2) contractor provided LMR 400 ultra flex cables with N type connectors (both ends) to the primary communications room C-3.4.4.12 Line of Sight (LOS) (UHF/VHF) (port and starboard yardarm). •Six (6) contractor manufactured plates for six (6) GFE antennas: o Two (2) 4ft tall skirt antennas o Four (4) 2ft tall skirt antennas • Six (6) contractor provided LMR 400 ultra flex cables with N type connectors (both ends) to the primary communications room C-3.4.4.13 Iridium Phone (yardarm). •One (1) contractor manufactured plate for one (1) GFE Iridium antenna •One (1) contractor provided LMR 400 ultra flex cable with N type, connector on antenna end to TNC connector in the conference room. C-3.4.4.14 Identify Friend or Foe (IFF) (port and starboard yardarm). • Two (2) contractor manufactured plates for two (2) IFF antennas (one (1) on the port yardarm and one (1) on the starboard yardarm) • Two (2) contractor provided LMR 400 ultra flex cables with N type connectors (both ends) to the primary communications room C-3.4.4.15 Forward Looking Infrared (FLIR) Camera. • Two (2) contractor manufactured plates for two (2) GFE FLIR systems • GFE provided cables from yardarm to conference room (and from conference room to bridge) • Contractor shall install two (2) GFE FLIR cameras. • Contractor shall provide the necessary cable runs and pedestal mount to support the installation. N00033-13-R-2015 Page 39 of 127 •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. N00033-13-R-2015 Page 40 of 127 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 Ship’s Crane. The vessel shall have a minimum 15 ton ship’s 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 N00033-13-R-2015 Page 41 of 127 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 vessel’s 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 POC’s 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 N00033-13-R-2015 Page 42 of 127 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 contractor’s 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 N00033-13-R-2015 Page 43 of 127 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 vessel’s 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. N00033-13-R-2015 Page 44 of 127 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. N00033-13-R-2015 Page 45 of 127 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. N00033-13-R-2015 Page 46 of 127 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. N00033-13-R-2015 Page 47 of 127 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 N00033-13-R-2015 Page 48 of 127 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 employee’s 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 41°F 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 41°F and 140°F longer than four (4) hours cumulative time. Cream puffs, custard-filled pies, cakes, éclairs, 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 N00033-13-R-2015 Page 49 of 127 control measures have been properly trained. All stores shall be checked by the contractor’s 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 80°F 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) N00033-13-R-2015 Page 50 of 127 • On a yearly basis contractor shall clean all carpeted areas. C-4.27.2 Clean Recreational Areas. The contractor shall clean all recreational lounges and exercise rooms. These services shall include daily and weekly janitorial services. On a daily basis, the contractor shall, at a minimum: • Dust rooms • Empty trash containers • Sweep and swab decks or vacuum if carpeted • 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). C-4-27.3 Clean Areas Contiguous to Sponsor Areas. The contractor shall keep passageway and ladder wells free of dirt and debris at all times, and sweep and swab decks on a daily basis. Every two (2) weeks, the contractor shall, at a minimum, wash the decks (tile only). Every two (2) months, the contractor shall, at a minimum, wax the decks (tile only). C-4.28 Data Reporting/Other Requirements. C-4.28.1 Fuel Inventory and Consumption Report. A fuel oil inventory and consumption report shall be submitted monthly, at the end of each month, to the Contracting Officer’s Representative (COR) and other addresses as designated at contract award. The fuel oil inventory shall include the following information: • Bunkers at the beginning of each month. • Bunkers at the end of each month. • Fuel received during the month and source, receipt, document number and date of receipt. • Number of days during the month underway and fuel consumed while underway • Number of days in port during the month and fuel consumed while in port C-4.28.2 Monthly Cost Reports. The contractor shall maintain worksheets for all reimbursables on the contract. The contractor shall update and submit the Monthly Cost Reports to MSC, PM22. These Monthly Cost Reports shall be updated each month and submitted to MSC PM2 by 1200 local time, Washington, DC on the 27th day of each month. They shall cover activity since the prior month's reports as of the last calendar day of the month (Days 1-25: actual costs; Days 26-last day of month: anticipated costs). All obligations made, expenses received (accounts receivable), and invoices paid (accounts payable) shall be updated on the cost reports on a monthly basis. The format of these reports is subject to change with Contracting Officer approval. See Attachment 6 for further guidance. N00033-13-R-2015 Page 51 of 127 Section D - Packaging and Marking SECTION D SECTION D PACKAGING AND MARKING D-1 PACKING - COMMERCIAL FOR DOMESTIC SHIPMENT Material shall be packed for shipment in such a manner that will insure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification Rules or regulations of other carriers as applicable to the mode of transportation. 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. N00033-13-R-2015 Page 52 of 127 Section E - Inspection and Acceptance INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN 0001 0002 0003 0004 0005 0006 0007 0008 0009 0010 0011 0012 0013 0014 0015 0016 0017 0018 INSPECT AT N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A INSPECT BY N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A ACCEPT AT N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A ACCEPT BY Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government Government 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; N00033-13-R-2015 Page 53 of 127 (2) Condition and operability of navigation, communication, and environmental-protection equipment and existence of appropriate technical manuals and onboard spares; (3) Condition (tightness and preservation) of hull, deck plating, superstructure, divisional bulkheads and the operability of ground tackle; (4) General material condition and maintenance of the Vessel; (5) Condition, operability, and certification of required safety and firefighting equipment; (6) Operability and safety of engineering spaces and equipment; (7) Bunker survey; (8) Condition of all equipment required under this Charter; E-1.1.2 The Government further reserves the right to have the Vessel surveyed at any time by an independent surveyor. E-1.1.3 If in the opinion of the Government Inspector or independent surveyor deficiencies exist that preclude the adequacy of the Vessel for the assigned service, a notice for correction will be issued. In the event that the stated deficiencies are not corrected in a reasonable period of time and in the opinion of the Contracting Officer (based upon the recommendation of the Government Inspector and/or the independent surveyor) the Vessel is inadequate for the intended service or unable to operate for the remaining period of the Charter as a result of these deficiencies, the Government reserves the right to cancel this Charter at no cost to the Government at any time during its term or to take any other action available under this Charter Party or authorized by law. E-1.1.4 The Vessel horsepower shall, if required by the Contracting Officer, be verified by an independent surveyor approved by the Government, at owner’s expense. E-1.1.5 The Government may attend factory, operational tests and/or other periodic inspections during the contract period of performance. E-1.2 Predelivery Inspection. A predelivery inspection of the Vessel may be held at Charterer's option upon the request of the Owner; such inspection shall be of an advisory nature only. At any such inspection, any representation of a Government representative present, or lack thereof, shall not be binding on the Charterer. This inspection shall be conducted, if possible, in a shipyard and on a date mutually agreeable to the Owner and the Government. The Owner will be advised of the condition of the Vessel and Associated Equipment as found by the Inspector. This predelivery procedure is to enable the Owner to correct any deficiencies discovered before the delivery inspection. The results of any predelivery inspection under this Article shall further be without prejudice to any later determinations that the Vessel or its Associated Equipment are unsuitable under this Charter contract, whether made at the delivery inspection or at any time during the currency of the charter period including options if exercised. E-2 ACCEPTANCE Acceptance is conditional upon approval by all applicable regulatory bodies and upon the Government’s determination that said Vessel is operational in all respects. The determination of N00033-13-R-2015 Page 54 of 127 whether the Vessel is operational shall include an assessment of installed Government-furnished equipment. E-2.1 Final Acceptance. Final acceptance of all services provided under this charter shall be made only upon certification of the final invoice as defined in the invoicing provisions contained in Section G. Such certification shall be made by the Contracting Officer or his/her designated representative. E-3 EXCUSABLE DELAYS/EXCEPTIONS (MSC 5252.247-9827 (AUG 2005)) E-3.1 Excepted events. Neither the Vessel, her Master, the Owner, nor the Charterer shall, unless otherwise in this Charter Party expressly provided, be responsible for any loss or damage or delay or failure in performing hereunder arising or resulting from any act of God; act of public enemies, pirates, or assailing thieves; arrest or restraint of princes, rulers, or people; seizure under legal process provided bond is promptly furnished to release the Vessel; flood; fire; blockade; riot, insurrection, or civil commotion; earthquake; or explosion. The Vessel shall have the liberty to sail with or without pilots, to tow and to be towed, to assist Vessels in distress, and to deviate for the purpose of saving life or property, or to go into dry dock or into ways with or without cargo, passengers or other personnel, as applicable, on board. E-3.2 Reservation. The exceptions identified in E-3.1 above shall not be such as affect Owner's warranties respecting the condition of the Vessel, or the Owner's obligations respecting the loading, handling, stowage, carriage, custody, care, and discharge of the cargo. Defaults of subcontractors at any tier or the Owner’s failure to perform due to a labor disruption, labor dispute, or strike shall not constitute excepted events under E-3.1. E-3.3 Notification. The contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. CLAUSES INCORPORATED BY REFERENCE 52.246-4 Inspection Of Services--Fixed Price AUG 1996 N00033-13-R-2015 Page 55 of 127 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 N00033-13-R-2015 Page 56 of 127 F-1 F-2 PERFORMANCE AND DELIVERY F-1.1 Performance. Performance of program management services under CLIN 0001 shall commence upon award and end upon delivery to and acceptance of the Vessel by the Government. Following delivery of the Vessel, program management support services will be included in the daily charter hire rate. CLIN 0001 does not include time charter services. Time charter services and reimbursables, as well as the Port Operations Coordinator services, under CLINs 0004-0018, shall commence upon delivery of the vessel at the location specified in Box 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. PERFORMANCE AND DELIVERY SCHEDULE The contractor shall, within three (3) business days after contract award, prepare and submit to the Contracting Officer for approval a practicable performance schedule for delivery of the Vessel in accordance with Box 5. The schedule shall show the order in which the contractor proposes to perform any required dry docking or shipyard work necessary to prepare the Vessel for delivery, and the dates on which the contractor contemplates starting and completing the salient features of the work. The schedule shall also show, with appropriate deviations and sequence logic, reflagging (if required), transit time, Government-furnished equipment installation, and any other major activities, necessary to deliver the Vessel. The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. N00033-13-R-2015 Page 57 of 127 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) day’s notice of expected date and range of redelivery, and of actual port or place of redelivery. Redelivery notice shall not impair the Charterer’s right to exercise any options under this Charter. F-5 PORTS/PLACES (MSC 5252.247-9810 (AUG 2005)) F-5.1 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 N00033-13-R-2015 Page 58 of 127 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. CLAUSES INCORPORATED BY REFERENCE 52.211-11 52.242-15 52.242-17 Liquidated Damages--Supplies, Services, or Research and Development Stop-Work Order Government Delay Of Work SEP 2000 AUG 1989 APR 1984 N00033-13-R-2015 Page 59 of 127 Section G - Contract Administration Data SECTION G TERMS SECTION G CONTRACT ADMINISTRATION DATA G-1 DESIGNATION OF PRINCIPAL CONTRACTING OFFICER The Principal Contracting Officer for this contract is: NAME: Veronica Gekhman CODE: N1031 ADDRESS: Military Sealift Command 914 Charles Morris Court SE Washington Navy Yard DC 20398-5540 PHONE: 202-685-5203 FAX: 202-685-5225 G-2 CONTRACTING OFFICER’S REPRESENTATIVE (COR) G-2.1 The Principal Contracting Officer’s Representative (COR) for this contract is: NAME: Gladys Fisher CODE: PM22 ADDRESS: Military Sealift Command 914 Charles Morris Court SE Washington Navy Yard DC 20398-5540 PHONE: 202-685-5775 As such, this individual will be responsible for monitoring the performance of the Owner and the adherence to the requirements of the contract as defined herein. G-2.2 The COR shall provide technical guidance on a day-to-day basis, and perform routine inspections of the facility on behalf of the Contracting Officer. In no event, however, shall any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract be authorized by the COR, or any other Government personnel, unless formalized by the proper documents executed by the Contracting Officer. G-2.3 When in the opinion of the Owner, the COR, or any other Government personnel, requests effort outside the existing scope of the contract, the Owner will promptly notify the Contracting Officer. No action will be taken by the Owner under such technical instruction unless the Contracting Officer authorized the change. G-3 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER G-3.1 Except as specified in paragraph G-3.2 below, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner N00033-13-R-2015 Page 60 of 127 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 Officer’s 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 N00033-13-R-2015 Page 61 of 127 thirty (30) days of the submission of the contractor’s payment request to the Government. The original vendor’s receipted invoice will constitute evidence that the contractor has satisfied the Government’s 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 vendor’s 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 N00033-13-R-2015 Page 62 of 127 contractor's original invoices are prepared on duplicating machines, these invoices must have the word "Original" typed, printed, or stamped thereon. G-4.7.2 When practicable, refer to supporting documents on the face of the invoice. G-4.7.3 Address invoices to: Department of the Navy Military Sealift Command, Code N83 914 Charles Morris Ct., SE, Bldg 210 Washington Navy Yard, DC 20398-5540 G-4.7.4 Mark or stamp every submitted invoice, voucher, or other routine request for payment of reimbursable expenses with the Certification Statement below. No payment will be made on submitted invoices, vouchers, or other routine requests for payment of reimbursable expenses unless they contain the certification statement, which must be attested to and signed by a duly authorized representative of the contractor. The certification statement shall read: “The undersigned affirms that I am a duly authorized representative of the contractor, and that this invoice, voucher, or other routine request for payment of reimbursable expenses is accurate, made in good faith for goods or services that have been provided to the Government, is fairly and reasonably priced, and (if based in whole or in part on goods or services provided to the Government by a Subcontractor) that all Subcontractors were selected by the contractor after full and open competition to the maximum extent practicable." G-4.8 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 N00033-13-R-2015 Page 63 of 127 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 MSC 5252.232-9803 PAYMENT OF FIXED PRICE PER DIEM (DEC 1988) G-6.1 Payment of per diem on the day the vessel is delivered or redelivered will be made at the full Per Diem rate. G-6.2 For periods of operation of less than a full 24-hour day (excluding delivery or redelivery days) the per diem rate will be prorated in accordance with the clause entitled “Determination of Applicable Fixed-Price Per Diem.” Calculation of per diem will be based on Greenwich Mean Time. G-6.3 Where a vessel has a voyage in progress on the date of contract expiration, the applicable per diem rate for that vessel for the period beyond the expiration date shall be the per diem rate that is in effect on the last day of the contract for that vessel. G-7 MSC 5252.232-9809 REIMBURSABLE SUPPLIES AND SERVICES, TIME CHARTER (MAR 2005) G-7.1 The Government will reimburse the contractor only for the actual price paid for those supplies and services that are expressly identified as reimbursable items by this contract. “Actual price" paid by the contractor for such supplies and services, includes tax paid, if any, and reduced by any and all credits and rebates, whether accrued or realized, associated with the supplies and services provided. “Actual price” does not include material handling charges, overhead, general and administrative costs, profit, or any other indirect cost that is in any way associated with the contractor’s purchase or provision of such supplies and services. The parties expressly agree that the offered and accepted daily rate includes all costs incurred or paid by the contractor, including but not limited to material handling charges, overhead, general and administrative costs, or profit, that are in any way associated with the contractor’s purchase or provision of such supplies and services. G-7.2 To be eligible to receive reimbursement for services and supplies identified in this contract as reimbursable items and obtained in support of this contract, the contractor N00033-13-R-2015 Page 64 of 127 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 contractor’s 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 Government’s obligation to reimburse the contractor. N00033-13-R-2015 Page 65 of 127 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. CLAUSES INCORPORATED BY FULL TEXT 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012) (a) Definitions. As used in this clause-Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall-(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the ``Web Based Training'' link on the WAWF home page at https://wawf.eb.mil/. (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). Invoice (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. N00033-13-R-2015 Page 66 of 127 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 activity’s WAWF point of contact. [email protected] (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) CLAUSES INCORPORATED BY FULL TEXT MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (AUG 2012) The information contained in this instruction is supplemental to DFARS 252.232-7006. N00033-13-R-2015 Page 67 of 127 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) CLAUSES INCORPORATED BY FULL TEXT 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) (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) N00033-13-R-2015 Page 68 of 127 N00033-13-R-2015 Page 69 of 127 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. H‐3.1 Vessel Owner’s Insurance. H‐3.1.1 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 Seaman’s War Risk. Except as otherwise expressly provided in Section H‐3.1.3 below or as expressly provided in the section entitled “War” (H‐4), 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 contractor’s 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. Contractor’s 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 Charterer’s fault, neglect, action, inaction, or breach of clauses, obligations or warranties (express, implied or otherwise) of this charter contract. H‐3.1.2 Contractor shall obtain an endorsement on all of contractor’s insurance policies listed in Section H-3.1.1 by which contractor’s Insurer “waives all rights of subrogation against the United States of America up to an amount of $350,000,000.” H‐3.1.3 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 Vessel’s trading beyond such limits. Contractor shall N00033-13-R-2015 Page 70 of 127 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 Charterer’s approval to proceed beyond such limits prior to doing so. If contractor fails to provide the notifications required or to obtain Charterer’s 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. H‐3.1.4 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 Charterer’s Contracting Officer by the Insurer (unless such change is directed by the Charterer’s Contracting Officer).” Additionally, contractor shall immediately notify Charterer of any change whatsoever in coverage. H‐3.2 Charterer Named Additional Assured on Owner’s Hull Policy, War Risk Hull Policy, and Second Seaman’s War Risk Policy. H‐3.2.1 The United States of America (as Charterer) shall be named as an additional assured with waiver of subrogation under the contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and Second Seaman’s 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. Contractor’s failure to provide the required policies or cover notes may be considered material breach of this contract. H‐3.2.2 “Other than owner” and “as owner” limitations. If contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s 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. H‐3.2.2.1 If contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s 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 H‐3.2.2, such provisions shall also be amended to ensure Charterer is provided full benefit of the insurance for its acts as Charterer. H‐3.2.3 Limitations of Coverage to U.S. Limitation of Shipowners’ Liability Act (or similar) limitation amounts. If contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and/or Second Seaman’s 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 Owner’s 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 N00033-13-R-2015 Page 71 of 127 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. H‐3.3 Time Charterer Protection and Indemnity (P&I) with P&I War Risk Coverage. H‐3.3.1 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 contractor’s 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. Contractor’s 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. H‐3.3.2 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 contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, or Second Seaman’s 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 contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, Second Seaman’s 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 contractor’s 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. N00033-13-R-2015 Page 72 of 127 H-3.4.2 In the event contractor fails to strike “other than owner” or “as owner” provisions per Section H‐3.2.2, fails to amend supplemental limiting provisions as described in Section H‐3.2.2.1, 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 contractor’s Hull and Machinery policy (and Increased Value policy if applicable), War Risk Hull and Machinery policy, and Second Seaman’s War Risk policy had such provisions been stricken or amended as required. H‐4 War. H‐4.1 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 85‐804 (72 Stat. 972, August 28, 1958). H‐4.2 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 Lloyd’s Joint War Committee’s 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. H‐4.3 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 Vessel’s 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 N00033-13-R-2015 Page 73 of 127 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. H‐5 Government War Risk Insurance/Indemnity. H‐5.1 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 (H‐4)” above, with respect to any area excluded by the War Risk Trading Warranties or included by the Lloyd’s Joint War Committee on the Hull War, Strikes, Terrorism and Related Perils Listed Areas under the contractor’s 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 Lloyd’s Joint War Committee’s 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 Government’s 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. H‐5.2 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 vessel’s transit under this Contract in areas which are in war risk exclusion zones, or waters described in the current Lloyd’s Joint War Committee Hull War, Strikes, Terrorism and Related Perils Listed Areas , or otherwise excluded under the contractor’s 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 Vessel’s 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 Seaman’s coverage, the principal sum of which shall be $200,000 per Master, Officer, or crew member (this is also the loss-of-life benefit); N00033-13-R-2015 Page 74 of 127 (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. H‐5.3 Government Indemnity. Under the authority of Public Law 85‐804 (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 N00033-13-R-2015 Page 75 of 127 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 Charterer’s Instructions. The Charterer or the Charterer’s 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 N00033-13-R-2015 Page 76 of 127 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. N00033-13-R-2015 Page 77 of 127 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 Vessel’s 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 Owner’s 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 N00033-13-R-2015 Page 78 of 127 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 Navy’s 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 N00033-13-R-2015 Page 79 of 127 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 Charterer’s 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 N00033-13-R-2015 Page 80 of 127 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 Charterer’s 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: [email protected]. 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. N00033-13-R-2015 Page 81 of 127 H-15.4.4 Scanned lists are unacceptable. Additionally, if there is a scheduled crew change or rotation of any percentage of such, the above information is to be provided at least four working days prior to departing (home or assignment) to report to the vessel. H-15.4.5 The Microsoft Excel attachment shall be password protected using the Microsoft password option. The password will be provided by MSCHQ N34. Access to personal information by contractor employees shall be on a need-to-know basis. To obtain the password, contact either Bruce Belden, 202-685-5378, [email protected] or Lance Murray, 202-685-5139, [email protected]. H-15.4.6 A Microsoft attachment can be password protected as follows: Open the template (spreadsheet) and click on Tools and then Options. In the Options drop down menu, click on Security. Then enter the password and click on OK. Then you will be asked to re-enter the password. Password is case sensitive. H-16 Crew Appearance. The contractor shall ensure that the appearance, dress, and behavior of the Officers and Crew is a credit to the Government. Accordingly, the contractor shall establish and enforce appropriate dress and grooming standards (i.e. khakis or white coveralls for officers and dark blue for unlicensed crew members, in order to distinguish officers from crew and to facilitate the identification of non-crew members). H-17 Prophylactic and Medical Countermeasure, Including Immunizations. U.S. flag time chartered vessel services are considered essential contractor services to the Department of Defense in support of military and associated support missions. As a result, Masters, officers, crewmembers, and other individuals who are embarked on such vessels for Owner’s purposes, including but not limited to subcontractors, are considered contractor personnel performing mission essential services under DODI 3020.37, November 6, 1990, (Change 1, January 26, 1996), and are subject to the following: H-17.1 Masters, officers, crewmembers and other individuals, as described above, who are embarked on any vessel(s) subject to this charter shall be medically pre-screened, and issued or given prophylactic and medical countermeasures, including immunizations, in accordance with Commander, Military Sealift Command (COMSC) policy. Owner shall ensure that all Masters, Officers, crewmembers, and other individuals embarked on any vessel(s) subject to this charter comply with all such prophylactic and medical countermeasures, including all immunization requirements in effect or made during the period of this charter, including any options or extensions. Notification of the requirements pursuant to this section shall be provided to Owner by the Contracting Officer. H-17.2 When prophylactic and medical countermeasures, including immunizations are required pursuant to this clause, Owner shall provide notification, as directed by the Contracting Officer, of the immunization status of all embarked personnel within twenty-four (24) hours of fixture or award. Further, at any time during the contract period, the immunization status of any relief personnel scheduled to board the vessel(s) is required no later than four (4) business days prior to the personnel change, unless authorized otherwise by the Contracting Officer. H-17.3 Any Master, officer, crewmember or other individual who refuses to comply with any prophylactic or medical countermeasure requirement, including any immunization requirement, or any policy concerning the use of said prophylactic or medical countermeasure, or who for medical, personal, religious or any other reason declines or is ineligible to take or use a particular N00033-13-R-2015 Page 82 of 127 required immunization or other prophylactic or medical countermeasure, shall be removed by Owner from the vessel as soon as possible, but not later than the next port call, and replaced, with an individual of equal or better qualifications who has, as applicable, the required immunization(s) or is eligible and willing to comply with the requirement. Any removal and replacement of personnel pursuant to this clause shall be solely at Owner’s expense, including, but not limited to, travel, per diem, wages and associated administrative expenses. H-17.4 Crew shortages resulting from the application of this section may subject the vessel(s) to being placed off-hire. H-18 Security Threat. In the event of a security threat or incident involving the ship, crew or cargo the ship's master should report any incident immediately to the MSC Area Command in whose area the ship is currently located. The MSCHQ Command Center should be contacted if the Area Command cannot be reached. Contact numbers will be provided upon award. H-19 RESERVED H-20 MSC 5252.247-9821 FUEL (AUG 2009) H-20.1 Delivery Bunkers. Upon delivery of the Vessel, the Owner shall present to the Contracting Officer a statement certified by the Owner or its authorized agent showing the amount and grade of fuel on board at the time of delivery with such additional verification as the Contracting Officer may require and the Charterer shall pay the Owner for such fuel at the current market price at the port of delivery upon certification and verification of such statement by the Contracting Officer, 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. The Charterer shall pay for the on-hire bunker survey if performed by an independent surveyor and required by the Contracting Officer. The Owner shall provide additional bunkers as may be required by the Charterer prior to the acceptance of the Vessel by the Charterer; and the Charterer shall reimburse the Owner all costs directly connected with the bunkering of the additional fuel, including but not limited to lighterage, dockage and similar charges, and taxes related therewith. H-20.2 Provision of Fuel. The Charterer shall ordinarily supply or cause to be supplied any or all of the fuel required by the Vessel during the period of this Charter. The grade of such fuel is to be specified by the Owner, and the grade supplied shall be at least that grade unless otherwise mutually agreed. H-20.3 Fuel Oil Sampling and Testing. H-20.3.1 For charters exceeding six (6) months, the Owner shall provide and install a "continuous drip-type" fuel oil testing flange to obtain fuel samples. The Charterer shall bear all costs for fuel testing. The Charterer will provide to the Owner all sample bottles, primary sample containers, seals, and prepaid mailers necessary for collecting and testing bunker fuel. During each bunkering, the Owner shall be responsible for collecting the primary sample by IMO MARPOL VI specified continuous drip sample method, and then generating four (4) individual samples from the primary sample. All samples shall be clearly labeled, sealed and serialized. The four (4) individual samples consist of the 1) MARPOL, 2) Offship Lab, 3) Vendor and 4) Offship Retest samples. N00033-13-R-2015 Page 83 of 127 The Owner shall retain the MARPOL sample in accordance with MARPOL VI regulations, mail the Offship Lab sample to the Charterer’s 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 Ship’s 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 [email protected]. 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 Owner’s 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 N00033-13-R-2015 Page 84 of 127 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 Charterer’s 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 N00033-13-R-2015 Page 85 of 127 (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. N00033-13-R-2015 Page 86 of 127 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. N00033-13-R-2015 Page 87 of 127 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 N00033-13-R-2015 Page 88 of 127 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 USC§2401, the Government is prohibited from entering into a vessel lease or charter that contains a substantial termination liability. Offerors who submit substantial termination liabilities will not be considered for award. A substantial termination liability is defined by the statute as: i. An agreement by the U.S., under the contract, to pay an amount greater than 25% of the value of the vessel for the termination liability; or ii. An agreement by the U.S., under the contract, to pay an amount greater than 50% of the value of the vessel for the sum of the termination liability and the value of the total payments attributable to capital-hire. H-44 Reduced Operational Status (Layup) (MSC 5252.212-9805) (Aug 2005) H-44.1 Charterer’s 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 N00033-13-R-2015 Page 89 of 127 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 contractor’s 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.” N00033-13-R-2015 Page 90 of 127 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 N00033-13-R-2015 Page 91 of 127 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 N00033-13-R-2015 Page 92 of 127 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 Termination For Convenience Of The Government (FixedAPR 2012 Price) Default (Fixed-Price Supply & Service) APR 1984 Government Supply Sources APR 2012 Computer Generated Forms JAN 1991 Requirements Relating to Compensation of Former DoD SEP 2011 Officials Prohibition On Persons Convicted of Fraud or Other Defense- DEC 2008 Contract-Related Felonies Requirement to Inform Employees of Whistleblower Rights JAN 2009 Agency Office of the Inspector General APR 2012 Display of Fraud Hotline Poster SEP 2011 Disclosure Of Information DEC 1991 Payment For Subline Items Not Separately Priced DEC 1991 Control Of Government Personnel Work Product APR 1992 Oral Attestation of Security Responsibilities NOV 2001 Billing Instructions OCT 2005 Export-Controlled Items APR 2010 Provision Of Information To Cooperative Agreement Holders DEC 1991 Subcontracting With Firms That Are Owned or Controlled By DEC 2006 The Government of a Terrorist Country Item Identification and Valuation JUN 2011 Reporting of Government-Furnished Property AUG 2012 Pricing Adjustments DEC 1991 Only One Offer JUN 2012 Small Business Subcontracting Plan (DOD Contracts) AUG 2012 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 Hazard Warning Labels DEC 1991 Safety Precautions For Ammunition And Explosives MAY 1994 Changes In Place Of Performance--Ammunition And DEC 1991 Explosives Buy American And Balance Of Payments Program JUN 2012 Qualifying Country Sources As Subcontractors JUN 2012 Report of Intended Performance Outside the United States and OCT 2010 Canada--Submission after Award Identification Of Expenditures In The United States JUN 2005 Quarterly Reporting of Actual Contract Performance Outside OCT 2010 the United States Preference For Certain Domestic Commodities JUN 2012 Restriction on Acquisition of Forgings DEC 2009 Contractor Personnel Authorized to Accompany U.S. Armed JUN 2011 Forces Deployed Outside the United States Correspondence in English JUN 1997 Antiterrorism/Force Protection Policy for Defense Contractors MAR 2006 Outside the United States Utilization of Indian Organizations and Indian-Owned SEP 2004 Economic Enterprises, and Native Hawaiian Small Business Concerns Electronic Submission of Payment Requests and Receiving JUN 2012 Reports Levies on Contract Payments DEC 2006 Choice of Law (Overseas) JUN 1997 Prohibition on Interrogation of Detainees by Contractor NOV 2010 Personnel N00033-13-R-2015 Page 93 of 127 252.237-7019 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 Training for Contractor Personnel Interacting with Detainees Continuation of Essential Contractor Services Notice of Continuation of Essential Contractor Services. Information Assurance Contractor Training and Certification Pricing Of Contract Modifications Requests for Equitable Adjustment Contractor Purchasing System Administration Government-Furnished Mapping, Charting, and Geodesy Property Tagging, Labeling, and Marking of Government-Furnished Property Reporting Loss of Government Property Contractor Property Management System Administration Reporting, Reutilization, and Disposal Hardship Conditions Revision of Prices Removal of Contractor's Employees Reflagging or Repair Work Riding Gang Member Requirements Ordering From Government Supply Sources 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 CLAUSES INCORPORATED BY FULL TEXT 52.204-99 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (DEVIATION)(AUG 2012) (a) Definitions. As used in this clause— “Central Contractor Registration (CCR) database” means the retired primary Government repository for Contractor information required for the conduct of business with the Government. “Commercial and Government Entity (CAGE) code” means— (1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.” “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. “Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. “Registered in the SAM database” means that— (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database; (2) The Contractor’s CAGE code is in the SAM database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process. “System for Award Management (SAM)” means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes— (1) Data collected from prospective federal awardees required for the conduct of business with the Government; N00033-13-R-2015 Page 94 of 127 (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 Government’s 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 day’s 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 Contractor’s N00033-13-R-2015 Page 95 of 127 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) CLAUSES INCORPORATED BY FULL TEXT 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 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) CLAUSES INCORPORATED BY FULL TEXT 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (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) CLAUSES INCORPORATED BY FULL TEXT 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989) 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: N00033-13-R-2015 Page 96 of 127 http://www.msc.navy.mil/civmar/payroll.htm (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION)(AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 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 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (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) N00033-13-R-2015 Page 97 of 127 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 N00033-13-R-2015 Page 98 of 127 Section K - Representations, Certifications and Other Statements of Offerors SECTION K SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS K-1 Certification of Non-Substantial Termination Liability 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 CLAUSES INCORPORATED BY REFERENCE 52.203-11 52.204-5 52.222-38 52.225-25 252.203-7005 252.209-7001 252.209-7002 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions Women-Owned Business (Other Than Small Business) Compliance With Veterans' Employment Reporting Requirements Prohibition on Engaging in Sanctioned Activities Relating to Iran--Certification. Representation Relating to Compensation of Former DoD Officials Disclosure of Ownership or Control by the Government of a Terrorist Country Disclosure Of Ownership Or Control By A Foreign Government SEP 2007 MAY 1999 SEP 2010 NOV 2011 NOV 2011 JAN 2009 JUN 2010 N00033-13-R-2015 Page 99 of 127 252.225-7003 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 CLAUSES INCORPORATED BY FULL TEXT 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) (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. N00033-13-R-2015 Page 100 of 127 (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) (a) Definitions. Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (d) Taxpayer Identification Number (TIN). ___ TIN:.-------------------------------------------------------___ TIN has been applied for. ___ TIN is not required because: ___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; ___ Offeror is an agency or instrumentality of a foreign government; ___ Offeror is an agency or instrumentality of the Federal Government. (e) Type of organization. ___ Sole proprietorship; ___ Partnership; ___ Corporate entity (not tax-exempt); ___ Corporate entity (tax-exempt); N00033-13-R-2015 Page 101 of 127 ___ Government entity (Federal, State, or local); ___ Foreign government; ___ International organization per 26 CFR 1.6049-4; ___ Other-------------------------------------------------------(f) Common parent. ___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. ___ Name and TIN of common parent: Name------------------------------------------------------------------TIN-------------------------------------------------------------------(End of provision) CLAUSES INCORPORATED BY FULL TEXT 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) (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. N00033-13-R-2015 Page 102 of 127 (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) N00033-13-R-2015 Page 103 of 127 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012) - ALTERNATE I (APR 2011) (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. N00033-13-R-2015 Page 104 of 127 (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 Page 105 of 127 "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 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 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) N00033-13-R-2015 Page 106 of 127 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) The offeror represents that (a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (End of provision) 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN-CERTIFICATION (AUG 2009) (a) Definitions. As used in this provision-Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. Marginalized populations of Sudan means-(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and (2) Marginalized areas in Northern Sudan described in section 4(9) of such Act. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. N00033-13-R-2015 Page 107 of 127 (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) N00033-13-R-2015 Page 108 of 127 Section L - Instructions, Conditions and Notices to Bidders SECTION L SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L-1 DEADLINE FOR RECEIPT OF QUESTIONS FROM PROSPECTIVE OFFERORS Potential offerors requesting additional information or clarifications relating to this solicitation shall submit their request in writing by mail, courier, fax or email. Requests must be received in the office designated below no later than 2:00 PM Washington, DC time, 10 calendar days prior to the RFP closing date. Questions received after this time and date may not be answered prior to the solicitation closing. All questions will be answered publicly, via the MSC and Federal Business Opportunities websites. No telephonic responses will be provided. Submit questions to the attention of: Margaret Metz and Veronica Gekhman. Department of the Navy Military Sealift Command Code N1031/PM2 914 Charles Morris Ct. SE Washington, DC 20398-5540 Fax: 202-685-5966 Questions may be emailed to [email protected] and [email protected]. 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 Page 109 of 127 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 Proposal pages must be printed double-sided. Pages may be single- or double-spaced, no smaller than 12-point font type, on standard 8-1/2" x 11" paper. A maximum of four foldouts, no larger than 24-1/2" x 11" is permitted; foldouts may be used for charts and diagrams only. Pages, graphs, foldouts or any other information (with the exception of General Arrangement drawings) in excess of these limits will not be considered in the evaluation. Volume I is limited to fifty-five (55) pages of content, excluding table of contents, blank pages, title pages, tab indices, foldouts, required vessel schematic documentation, resumes, and employment agreements. There is no page limitation for Volume II. Price proposals shall be prepared using Microsoft Excel, and the cell contents of the electronic copy shall not be locked. L-3.6 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 offeror’s 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 N00033-13-R-2015 Page 110 of 127 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 General Proposal Requirements The successful proposal may be incorporated into the resulting contract. Offers submitted in response to this solicitation should address all relevant requirements. Offerors shall follow the guidelines set forth below for Volumes I and II. L-4.1 Volume I - Technical Proposal L-4.1.1 The Technical Volume shall describe how the vessel meets the requirements and capabilities set forth in this solicitation. The technical data, documentation and supporting rationale shall be complete and specific. The offeror shall provide an adequate level of detail to demonstrate complete understanding and compliance with each of the requirements set forth in Sections L-4.1.2(3)(a) through (d) and M-2.1, and detail regarding how they will be met. This can be done through drawings, descriptions, and supporting calculations and analysis. The Government will determine whether an offeror’s proposal is acceptable based on the information submitted. Additional information may be requested if deemed necessary. L-4.1.2 Volume I shall contain the following, with no pricing information: (1) Title Page, Cover Letter, Table of Contents. The title page shall meet the requirements of FAR 52.215-1(c)(2). If the offeror wishes to restrict disclosure of information in its proposal, it may include the legend permitted by FAR 52.215-1(e). Although a cover letter is not required, offerors may submit one, and it should be placed after the title page. A table of contents shall be provided after the title page (and cover letter, if applicable), listing the chapters, sections, subsections, page numbers, etc. (2) Completed Specialtime Boxes. Offerors shall provide Specialtime Boxes identifying the vessel and providing the offeror’s DUNS, CAGE, and TIN. Offerors shall complete and provide Boxes 2, 3, 7 – 12, and 23 – 64 from N00033-13-R-2015 Page 111 of 127 Part B of this solicitation. Offerors shall include in their submission a fuel grade from the list of fuel grades in Section M-2.3.2(c) of the solicitation. Offerors shall include two dates in Box 24; (1) the earliest date on which the proposed vessel could commence performance, as outlined in F-1.1, and (2) the estimated date on which the vessel will be ready for delivery, as outlined in F-1.2. (3) Technical Proposal. Offerors shall fully describe the vessel proposed for this contract. Offerors must address how the proposed vessel and the contractor’s organization meet the minimum requirements in the solicitation and attachments. The offeror’s technical proposal shall specifically address the following: (a) Vessel Characteristics: Offerors shall demonstrate that the proposed vessel meets or exceeds the requirements below: RFP Section Berthing C-1.2, C-3.3.1 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 Minimum Technical Requirements The vessel will have the capacity to berth, support, and feed fifty (50) Government personnel with the ability to surge to one hundred fifty-nine (159) for a total of two hundred nine (209) sponsor personnel within twenty-four (24) hours for a maximum of ninety (90) days. The vessel shall be U.S.-flagged upon delivery, inspected or certified by the United States Coast Guard (USCG) under Sub Chapter I, and classed by American Bureau of Shipping (ABS) (A1 AMS) or International Association of Classification Societies (IACS) member classification society. Offerors not meeting these requirements at the time of proposal submission shall submit with proposals an affirmative statement that the certifications described in C-2.6 will be met prior to delivery of the vessel. 8,000 NM 30 ft maximum 700 ft maximum 20 knots sustained for five (5) days (120 hours). Able to transit at least 3,000 NM in up to sea state 5. The support 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 must 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 must be capable of anchoring in water depths for a vessel of its class and size. The vessel will 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. 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 N00033-13-R-2015 Page 112 of 127 Flight Deck C-3.2.1 supplies with the standard Coalition/USNS logistics ships in order to extend operations for a maximum of ninety (90) days. The vessel must capable of burning diesel fuel in order to receive fuel and to resupply small boats. The contractor shall provide a flight deck capable of being NAVAIR certified to Level 1, Class 2 with the ability to simultaneously launch/recover two (2) MH-60 Class or one (1) CH-53E Class helicopter with clear, unobstructed vertical airspace in accordance with NAVAIR 4.8.2.5 Air Capable Ship Aviation Facilities Bulletin No. 1M. 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 The contractor shall also provide: Jet Ski Launch and Recovery System C-3.2.3 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. N00033-13-R-2015 Page 113 of 127 Small Craft/Rotary Wing Fueling C-3.2.5 Fueling at Sea (FAS) C3.2.6 Small Boat and Aviation Fuel Capacity C-3.2.7 Sponsor Berthing/Living Spaces C-3.3.1 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. N00033-13-R-2015 Page 114 of 127 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 ship’s 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 (b) Arrangements: Offerors shall provide general arrangement drawings or draft sketches, and narrative descriptions showing the proposed locations of all required spaces and compartments listed in Section C-3.2 and C3.3 (c) Operations and Manning: Offerors shall demonstrate recent experience, 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 offeror’s 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 N00033-13-R-2015 Page 115 of 127 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”. N00033-13-R-2015 Page 116 of 127 (5) DD Form 254, Contract Security Classification Specification, (Attachment 7) completed with offeror’s information in Blocks 6 and 7. (6) Corporate Viability. The offeror shall provide financial information sufficient to permit the Contracting Officer to make a determination of financial responsibility. Examples of information to support the determination are balance sheets, cash flow statements, income statements, and combined financial statements that illustrate the company’s ability to remain a viable business concern. The offeror must furnish evidence of adequate financial resources to perform the contract or the ability to obtain such resources. For the purpose of this section, adequate financial resources are an amount equal to the total value of forty-five (45) days of the proposed daily charter hire rate for the vessel (calculated on the basis of the firm period FOS charter hire rate). (7) Collective Bargaining Agreements (CBAs). If applicable, provide copies of current documents that are signed and dated by the parties. (8) Mission-Essential Contractor Services Plan. In accordance with DFARS 252.237-7023 and 252.237-7024, all offerors shall submit a MissionEssential Contractor Services Plan. (9) Small Business Subcontracting Plan. In accordance with FAR 52.219-9 and DFARS 252.219-7003, large business offerors shall submit a Small Business Subcontracting Plan with their proposal. Offerors shall ensure that they submit a Small Business Subcontracting Plan with all of the information required by FAR 52.219-9. A subcontracting plan is NOT REQUIRED from small business concerns and will not be evaluated. (10)Past Performance. Offerors are requested to provide information on up to three (3) previous Government contracts whose effort is/was recent and relevant to the effort required by this solicitation. (i) “Recent” is defined as a contract in-progress or completed within the last three (3) years. If the offeror has not had three (3) Government contracts within the last three (3) years, information on recent and relevant subcontracts and/or commercial contracts may be submitted. (ii) “Relevant” is defined as a contract that is of similar scope, magnitude, complexity to the requirements as set forth in this solicitation. • Scope: Experience in the areas defined in the PWS. • Magnitude: The measure of the similarity of the volume, dollar value and/or duration of the work actually performed under the offeror’s submitted contracts to the PWS. N00033-13-R-2015 Page 117 of 127 • Complexity: The measure of the similarity of technical difficulty, managerial intricacy and/or required coordination of efforts and disciplines performed by the offeror in its submitted contracts to the PWS. For complexity, not only will the tasks performed by the offeror be considered, but also the offeror’s ability to coordinate tasks (e.g., concurrent performance requirements). A Past Performance Data Sheet (Attachment 14) is requested to be submitted for each contract to be considered as past performance. Offerors shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of this solicitation; a detailed description of the work performed for the contract; and the role performed, including whether the offeror acted as a prime contractor or a subcontractor. Offerors are responsible for the accuracy of all data provided. Past performance information regarding predecessor companies, key personnel who have relevant experience and subcontractors that will perform major or critical aspects of the requirement may be provided as past performance submissions. For each of the contracts the offeror describes in a Performance Data Sheet (Attachment 14), the offeror is requested to provide a Past Performance Questionnaire (Attachment 15) to a reference at the organization that awarded the contract. It is requested that the reference, not the offeror, email or fax the completed Past Performance Questionnaire (Attachment 15) BEFORE THE DUE DATE FOR PROPOSALS directly to Veronica Gekhman, Military Sealift Command, 914 Charles Morris Court SE, Washington Navy Yard DC 20398-5540, e-mail: [email protected]; Fax Number: (202) 685-5966. The offeror, NOT THE GOVERNMENT, is responsible for ensuring that the Government receives a sufficient number of questionnaires. All offerors are required to address historical compliance with the requirements of FAR Part 52.219-8 (Utilization of Small Business Concerns) in the Performance Data Sheet (Attachment 14). In addition, large businesses shall address 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.) in the Performance Data Sheet (Attachment 14). (11)Price Proposal. Offeror’s price proposal must clearly indicate the prices that are applicable to the program management support for the ramp-up period, the vessel modifications, and the FOS/ROS operation offered. The offeror’s price proposal shall contain the following: (i) Offeror’s proposed firm-fixed-price daily rate for program management support of the approximately seven-month ramp-up period described in Sections C-2.1 through C-2.9 shall be entered under Specialtime Box 22. N00033-13-R-2015 Page 118 of 127 (ii) Offeror’s proposed firm-fixed-price sum for vessel modifications shall be entered under Specialtime Box 22. (iii) Offeror’s proposed Daily Charter Hire prices shall be entered under Specialtime Boxes 18-22. (iv) Offerors shall complete Attachment 11, “Basic Pricing Data,” for each performance period, and Attachment 12, “Pricing Summary.” Attachment 12 will be used for evaluation purposes only. In completing Attachments 11 and 12 offerors shall assume 204 days in the ramp-up period, 161 days in the firm period of the time charter, 365 days in option one, 366 days in option two, 365 days in option three, and 365 days in option four. In completing the fuel consumption portion of Attachment 12, offerors shall use the 5% in-port, 72% underway at loiter/anchor, and 23% underway at transit speed operating tempo specified in Section C , and the fuel conversion factors and pricing specified in Section M, paragraph M-2.3.2(c). Attachment 12 shall also detail the type and number of auxiliary equipment included in Box 61 of the Specialtime Box format. (v) Offerors shall complete Attachment 13, “Crew Complement Form” for each performance period. (vi) Provide support data and breakdowns as required by FAR 52.215-20, below. L-5 Cost or Pricing Data If adequate price competition is not received and none of the other exceptions in FAR 15.403-1(b) applies, prior to contract award the Contracting Officer may require submission of certified cost or pricing data, in accordance with FAR 52.215-20. Offerors will be notified if Certified Cost of Pricing Data is required. L-6 Pre-Award Survey A pre-award survey shall be conducted when insufficient information is available to the Contracting Officer to make a determination of responsibility with regard to a prospective contractor, pursuant to FAR Part 9. L-7 Pre-Award Survey of Vessel As part of a technical pre-award survey the Government reserves the right to inspect the offeror’s proposed vessel and associated equipment prior to award, which may include a two-hour speed trial to evaluate warranted speed and fuel consumption figures. Such acceptability inspection shall not be conducted for the purpose of determining whether one offeror’s proposed vessel is superior to another, but only to determine that the offered vessel, as set forth in the proposal, meets the acceptability standards in the solicitation. If, upon inspection of the vessel, the Government determines that the offered vessel does not meet the acceptability standards, the offer may be rejected. N00033-13-R-2015 Page 119 of 127 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. CLAUSES INCORPORATED BY REFERENCE 52.211-6 52.215-1 52.215-16 52.222-24 252.225-7003 Brand Name or Equal AUG 1999 Instructions to Offerors--Competitive Acquisition JAN 2004 Facilities Capital Cost of Money JUN 2003 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 Report of Intended Performance Outside the United States and OCT 2010 Canada--Submission with Offer CLAUSES INCORPORATED BY FULL TEXT 52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) (JAN 2006) (a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (1) ASSIST (http://assist.daps.dla.mil); (2) Quick Search (http://assist.daps.dla.mil/quicksearch); (3) ASSISTdocs.com (http://assistdocs.com). (b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-(1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard); (2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (End of provision) 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988) N00033-13-R-2015 Page 120 of 127 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 [email protected] The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation. (End of clause) 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008) Any contract awarded as a result of this solicitation will be ___ DX rated order; _X_ DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.] (End of provision) 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 offeror’s proposed cancellation fee, (Specialtime Box 22) if not zero. (End of provision) 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a fixed-price contract with reimbursable items resulting from this solicitation. (End of provision) 52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMATION (MAY 1999) N00033-13-R-2015 Page 121 of 127 (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: [email protected] (End of clause) 52.233-2 SERVICE OF PROTEST (SEP 2006) (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 officer’s 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. N00033-13-R-2015 Page 122 of 127 (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 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 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 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (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) 252.237-7024 NOTICE OF CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010) (a) Definitions. Essential contractor service and mission-essential functions have the meanings given in the clause at 252.237-7023, Continuation of Essential Contractor Services, in this solicitation. (b) The offeror shall provide with its offer a written plan describing how it will continue to perform the essential contractor services listed in attachment --, Mission Essential Contractor Services, dated --------, during periods of crisis. The offeror shall-(1) Identify provisions made for the acquisition of essential personnel and resources, if necessary, for continuity of operations for up to 30 days or until normal operations can be resumed; (2) Address in the plan, at a minimum-(i) Challenges associated with maintaining essential contractor services during an extended event, such as a pandemic that occurs in repeated waves; (ii) The time lapse associated with the initiation of the acquisition of essential personnel and resources and their actual availability on site; N00033-13-R-2015 Page 123 of 127 (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) N00033-13-R-2015 Page 124 of 127 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 offeror’s probability of meeting the solicitation requirements. To develop an overall rating, the Government’s evaluation will take into account relevant information submitted by each offeror as part of its proposal and the Government’s 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 N00033-13-R-2015 Page 125 of 127 (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 offeror’s performance and any associated risk. (c) The Government will consider the extent of the offeror’s 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 offeror’s 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 N00033-13-R-2015 Page 126 of 127 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 The following fuel conversion factors will be used: Type IFO 180/RME-180 Open Market IFO 380/RMG-380 Open Market MGO Open Market Bbls per Metric Ton 6.526 6.468 7.507 (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. N00033-13-R-2015 Page 127 of 127 (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