SOLICITATION NOTICE
V -- TUGCON
- Notice Date
- 5/16/2003
- Notice Type
- Solicitation Notice
- Contracting Office
- Department of the Navy, Military Sealift Command, MSC HQ - Washington, 914 Charles Morris Court, SE Washington Navy Yard, Washington, DC, 20398-5540
- ZIP Code
- 20398-5540
- Solicitation Number
- N00033-03-R-5278
- Response Due
- 5/19/2003
- Archive Date
- 6/3/2003
- Point of Contact
- Vernon Cooper, Contract Specialist, Phone 202-685-5821, Fax 202-685-5852, - Cathy Stangler, Procurement Officer, Phone 202-685-5825, Fax 202-685-5852,
- E-Mail Address
-
vernon.cooper@navy.mil, cathy.stangler@navy.mil
- Description
- 16 MAY 2003 THIS IS THE MILITARY SEALIFT COMMAND, SEALIFT PROGRAM MANAGEMENT OFFICE, WASHINGTON, DC. SUBJ: MSC REQUEST FOR PROPOSALS (RFP) N00033-03-R-5278 REF: (A) MSC TUGCON 90 (REV. 5/90) A. MILITARY SEALIFT COMMAND, SEALIFT PROGRAM OFFICE, CODE PM52P, REQUESTS PROPOSALS FOR A U.S. OR FOREIGN FLAG TUG(S), WITH PREFERENCE FOR U.S. FLAG, CAPABLE OF MEETING THE TRANSPORTATION REQUIREMENTS DESCRIBED BELOW. REF (A) SHALL BE THE CHARTER FORM OF ANY CONTRACT RESULTING FROM THIS SOLICITATION AND IS AVAILABLE UPON REQUEST. THIS SOLICITATION IS UNRESTRICTED. 1. RFP NO.: N00033-03-R-5278 2. CONTRACT NO.: WILL BE PROVIDED UPON FIXTURE 3. ISSUING AGENCY: MILITARY SEALIFT COMMAND ATTN: CODE PM52P, BLDG. 210, ROOM 275 914 CHARLES MORRIS CT., SE WASHINGTON NAVY YARD, DC 20398-5540 FAX 202-685-5852/5850 4. ADDRESS PROPOSALS TO: ADDRESS INDICATED IN BOX 3. 5. TUG(S) REQUIRED: U.S.FLAG TUG(S) CAPABLE OF TOWING THE CARGO DESCRIBED IN BOX 6 BELOW. CONTRACTOR SHALL PROVIDE BRIDLE(S) OUT TO AND INCLUDING FLOUNDER PLATE, TOW NAVIGATION LIGHTS AND FLOODING ALARM SYSTEM. THE REQUIRED DELIVERY DATE AT DISCHARGE PORT IS NO EARLIER THAN 10 JUNE AND NO LATER THAN 16 JUNE 2003. CONTRACTOR SHOULD PLAN TO TOW PER THE U.S. NAVY TOWING MANUAL, SL 740-AA-MAN-010, SEPT 88. MINIMUM SPEED LADEN IN MODERATE WEATHER IS 5 KNOTS. ? SPECIAL REQUIREMENTS ? SELECTED VESSEL TO HAVE ADEQUATE TOWING GEAR TO SUPPORT CARGO. 6. DESCRIPTION OF THE TOW: 6 LCU-2000s LONGEST PIECE: 2,088 IN WIDEST PIECE: 504 IN TALLEST PIECE: 876 IN HEAVIEST PIECE: 949 LTONS 7. PORT/PLACE OF DEPARTURE: USWC 8. PORT/PLACE OF DESTINATION: USWC 9. LAYTIME: 2 DAYS TOTAL SSHINC 10. PROPOSALS ACCEPTED UNTIL: 1400 HRS EST 19 MAY 03 11. LAYDAYS: 31 MAY 03 ? AVAILABLE TO LOAD 01 JUN 03 12. FOR ADDITIONAL INFORMATION, CONTACT: VERNON COOPER, 202.685.5821. 13. ACCOUNT CHARGEABLE: TO BE PROVIDED UPON AWARD. 14. SUBMIT INVOICES TO: MILITARY SEALIFT COMMAND, CODE N86 914 CHARLES MORRIS CT., SE WASHINGTON NAVY YARD, DC 20398-5540 15. ARTICLES DELETED FROM MASTER SOLICIATION: H15, H16, H24, H27.1, ALSO SEE ATTACHMENT J2. 16. ARTICLES MODIFIED IN MASTER SOLICITATION: SEE ATTACHMENT J2. 17. ARTICLES ADDED IN MASTER SOLICITATION: SEE ATTACHMENT J2 H15 INSURANCE H15.1 GENERAL. DURING THE FULL PERIOD OF THIS CONTRACT, CONTRACTOR SHALL MAINTAIN THE CUSTOMARY FULL-FORM MARINE INSURANCE COVERAGE ON THE TUG AND TOW (INCLUDING COVER AGAINST POLLUTION DAMAGE), INCLUDING TOWER?S HULL AND MACHINERY, TOWER?S PROTECTION AND INDEMNITY (P&I), TOWER?S LIABILITY, TOWER?S WAR RISK HULL AND MACHINERY, TOWER?S WAR RISK P&I, AND SECOND SEAMEN'S WAR RISK. THE INSURANCE COVERAGE SHALL COVER ALL LIABILITIES INCLUDING LIABILITY FOR DAMAGE TO THE TOW IN AN AMOUNT EQUAL TO THE LIMITS OF THE APPLICABLE TOWER?S LIABILITY (BUT IN NO CASE LESS THAN $5,000,000) AND TOWER?S P&I CLUB LIMIT FOR ENTERED TUGS (BUT IN NO EVENT LESS THAN $100,000,000 PER VESSEL PER INCIDENT), AND SHALL COVER ALL LIABILITIES FOR POLLUTION FROM OIL AND HAZARDOUS SUBSTANCES IN AN AMOUNT EQUAL TO THE APPLICABLE AND CUSTOMARY P&I CLUB LIMIT FOR ENTERED TUGS (BUT IN NO EVENT LESS THAN $300,000,000 PER VESSEL PER INCIDENT). WAR RISK SECOND SEAMAN?S COVERAGE SHALL BE AT LEAST EQUAL TO COVERAGE PROVIDED UNDER THE U. S. DEPARTMENT OF TRANSPORTATION, MARITIME ADMINISTRATION SECOND SEAMAN?S WAR RISK POLICY (1955 STANDARD FORM) INCLUDING COVERAGE OF $200,,000 PER CREW MEMBER FOR LOSS OF LIFE. THE CONTRACTOR?S OBLIGATION TO THE UNITED STATES TO OBTAIN SECOND SEAMAN?S COVERAGE DOES NOT CONFER ANY THIRD-PARTY BENEFICIAL INTEREST TO CREWMEMBERS AND IS NOT A PERSONAL ENTITLEMENT. EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT, THE EXPENSE FOR SUCH INSURANCE COVERAGES, INCLUDING, BUT NOT LIMITED TO, DEDUCTIBLES, PREMIUMS, CALLS, COMMISSIONS, ADVANCEMENTS, ASSESSMENTS, AND OVERSPILL CLAIMS, SHALL BE FOR THE OWNER'S ACCOUNT AND SHALL BE DEEMED TO BE INCLUDED IN THE HIRE PAYABLE UNDER THIS CONTRACT. H15.2 TRADING LIMITS. IF THE TUG IS SENT BEYOND THE LIMITS OF AMERICAN INSTITUTE TRADE WARRANTIES OR INSTITUTE WARRANTIES (AS APPLICABLE TO OWNER?S COVERAGE) UNDER THIS CONTRACT, THE GOVERNMENT AGREES TO REIMBURSE THE CONTRACTOR FOR THE ACTUAL EXTRA COST OF ADDITIONAL PREMIA AND/OR INCREASED DEDUCTIBLE LEVELS, TO THE EXTENT INCURRED, PROPERLY ASSESSED BY THE TUG?S MARINE INSURANCE UNDERWRITERS AND PAYABLE BY THE CONTRACTOR, WHICH EXTRA COST IS OCCASIONED BY THE TUG?S TRADING BEYOND SUCH LIMITS. H15.3 LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE GOVERNMENT SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, EXPENSE, COST, OR LIABILITY WHATSOEVER AND HOWSOEVER INCURRED BY THE CONTRACTOR OR TUG, OR WHICH ARE IMPOSED UPON CONTRACT OR TUG BY OPERATION OF LAW. ANY AMOUNT DUE OWNER UNDER THIS PARAGRAPH H15 SHALL BE SUBJECT TO SETOFF BY THE GOVERNMENT TO THE EXTENT OF ANY AMOUNT RECOVERED UNDER INSURANCE CARRIED BY THE CONTRACTOR, OR TO THE EXTENT OF ANY AMOUNT RECOVERABLE UNDER INSURANCE REQUIRED BY SUBPARAGRAPH H15.1 ABOVE. H15.4 NOTIFICATION TO THE GOVERNMENT. CONTRACTOR SHALL, TO THE MAXIMUM EXTENT PRACTICABLE, KEEP THE GOVERNMENT, THROUGH THE CONTRACTING OFFICER, CURRENTLY INFORMED IN WRITING AS TO THE POTENTIAL VITIATION, SUSPENSION, LAPSE, OR TERMINATION OF ANY OF THE TUG'S INSURANCE POLICIES AS A CONSEQUENCE OF THIS CONTRACT. H15.5 INSURANCE COVER NOTE. THE INSURANCE POLICY COVER NOTE MUST NAME THE UNITED STATES AS AN ASSURED OR ADDITIONAL ASSURED WITH WAIVER OF SUBROGATION AGAINST THE UNITED STATES IN ALL CASES UNDER THE INSURANCE POLICIES, AND INDICATE THE RISKS INSURED (INCLUDING FULL FOUR-FOURTHS (4/4S) RUNNING DOWN CLAUSE-COLLISION LIABILITY COVERAGE AND FIXED OR FLOATING OBJECTS COVERAGE) UNDER THE CONTRACTOR?S TOWER?S LIABILITY POLICY, HULL AND MACHINERY POLICY, AND P&I ENTRY. THE COVER NOTE MUST STATE THE AMOUNT OF COVERAGE, INSURANCE DEDUCTIBLES (IF ANY), AND EXCLUSIONS (IF ANY) FROM TOWER?S LIABILITY, TOWER?S HULL AND MACHINERY, TOWER?S P&I, POLLUTION COVERAGE, WAR RISK, AND SECOND SEAMAN'S WAR RISK COVERAGE. THE COVER NOTE MUST ALSO CONTAIN THE FOLLOWING STATEMENT: ?THE TERMS OR CONDITIONS OF INSURANCE CONTAINED IN THIS COVER NOTE SHALL GOVERN AND SHALL BE CONTROLLING IN THE EVENT THAT THERE ARE ANY INCONSISTENT TERMS OR CONDITIONS IN ANY APPLICABLE TOWER?S LIABILITY AND TOWER?S P&I CLUB RULES OR INSURANCE POLICY. UNDERWRITERS AGREE TO WAIVE ANY RIGHTS OF SUBROGATION AGAINST THE UNITED STATES IN ALL CASES, REGARDLESS OF CAUSE. THE UNITED STATES SHALL NOT BE LIABLE FOR (AND THERE SHALL BE NO RECOURSE AGAINST THE UNITED STATES FOR) CALLS, COMMISSIONS, ADVANCEMENTS, ASSESSMENTS, OR OVERSPILL CLAIMS. IT IS UNDERSTOOD THAT ANY DISPUTES BETWEEN THE INSURER AND THE UNITED STATES WILL BE GOVERNED BY U.S. LAW, AND WILL BE ADJUDICATED IN A U.S. FEDERAL COURT. THE UNITED STATES HAS NOT CONSENTED TO THE ARBITRATION (EITHER DOMESTIC OR FOREIGN) OF ANY DISPUTES.? UPON REQUEST OF THE CONTRACTING OFFICER, THE CONTRACTOR SHALL PROVIDE THE CONTRACTING OFFICER WITH A CURRENT COPY OF ALL INSURANCE COVER NOTES, POLICIES AND BINDERS, A CURRENT COPY OF THE P&I CLUB RULES BOOK, AND SUCH OTHER DOCUMENTATION COVERING THE TUG AS IS NECESSARY TO ESTABLISH THAT THE REQUIRED INSURANCE COVERAGE IS IN FULL FORCE AND EFFECT. THE CONTRACTOR SHALL PROVIDE THE CONTRACTING OFFICER IN A TIMELY FASHION WITH A COPY OF ANY REVISED OR REISSUED COVER NOTES, POLICIES, OR BINDERS. H16 WAR H16.1 REQUIREMENT. IF THE TUG IS ORDERED UNDER THIS CONTRACT TO ANY PORT, PLACE, ZONE, OR ROUTE 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 REASONABLY BE EXPECTED TO BE SUBJECT TO CAPTURE, SEIZURE, ARREST, OR HOSTILE ACT BY A BELLIGERENT POWER (WHETHER DE FACTO OR DE JURE), IT SHALL BE UNREASONABLE FOR OWNER NOT TO PROSECUTE SAID VOYAGE INSTRUCTIONS IF INSURANCE AGAINST SAID RISKS IS THEN AVAILABLE COMMERCIALLY OR UNDER A GOVERNMENT PROGRAM, OR IF THE GOVERNMENT OFFERS THE CONTRACTOR AN INDEMNITY UNDER PUBLIC LAW 85-804 AGAINST LOSSES THAT WOULD BE COVERED BY SUCH INSURANCE. IN THE EVENT OF THE EXISTENCE OF SAID RISKS, THE GOVERNMENT SHALL, TO THE EXTENT PROVIDED IN THIS PARAGRAPH (H-16), ASSUME PROVABLE ADDITIONAL COSTS OF WAGES (INCLUDING ALL ADDITIONAL BONUSES AND PAYMENTS REQUIRED) AND INSURANCE AND ALL TAXES ASSOCIATED THEREWITH PROPERLY INCURRED BY OWNER AS A CONSEQUENCE OF SERVICE UNDER THIS CONTRACT, EXCEPT THAT NO ADDITIONAL COSTS FOR WAGES OR INSURANCE SHALL BE PAYABLE BY THE GOVERNMENT IF SUCH ADDITIONAL COSTS WERE KNOWN OR SHOULD HAVE BEEN KNOWN BY OWNER AT THE TIME THAT FINAL PROPOSAL REVISIONS WERE DUE. IN SUCH A CASE, PARAGRAPHS H16.2, H16.3 AND H16.4 SHALL NOT BE APPLICABLE. H16.2 ADDITIONAL WAGE COSTS. THE GOVERNMENT SHALL REIMBURSE THE CONTRACTOR FOR PROVABLE ADDITIONAL COSTS (INCLUDING TAXES ASSOCIATED THEREWITH) INCURRED PURSUANT TO THIS CONTRACT AS A CONSEQUENCE OF THE RISKS IDENTIFIED IN H16.1 FOR (I) WAGES OF MASTER, OFFICERS, OR CREW AND (II) REQUIRED PAYMENTS OR BONUSES TO MASTER, OFFICERS, OR CREW. HOWEVER, ANY OF SAID WAGES OR PAYMENTS SHALL NOT EXCEED IN AMOUNT THAT WHICH WOULD BE PAYABLE, UNDER APPLICABLE LAWS AND REGULATIONS, TO U.S. CIVIL SERVICE MARINERS IN THE EMPLOY OF THE MILITARY SEALIFT COMMAND IN THE SAME PORT, PLACE, ZONE, OR ROUTE. H16.3 ADDITIONAL INSURANCE COSTS. THE GOVERNMENT SHALL REIMBURSE THE CONTRACTOR FOR PROVABLE ADDITIONAL COSTS OF PREMIA AND TAXES ASSOCIATED THEREWITH (OVER AND ABOVE SUCH COSTS IN EFFECT ON THE DATE OF COMMENCEMENT OF PERFORMANCE UNDER THIS CONTRACT) REASONABLY INCURRED PURSUANT TO THIS CONTRACT AS A CONSEQUENCE OF THE RISKS IDENTIFIED IN H16.1 IN THE TUG?S WAR RISK HULL & MACHINERY POLICY, IN THE TUG?S WAR RISK PROTECTION & INDEMNITY POLICY, AND IN ANY OTHER WAR RISK POLICY INCLUDING, BUT NOT LIMITED TO, THOSE FOR THE LIVES OF OR FOR INJURIES TO OFFICERS AND CREW. CONTRACTOR MUST IMMEDIATELY NOTIFY THE CONTRACTING OFFICER PRIOR TO ENTRY INTO ANY DECLARED WAR RISK EXCLUSION ZONE, NOTIFY THE CONTRACTING OFFICER OF CHANGES TO DECLARED WAR RISK EXCLUSION ZONES OR INCREASED PREMIA, AND RECEIVE PERMISSION TO ENTER AND TO INCUR ANY ADDITIONAL EXPENSES. PROVIDED, HOWEVER, THAT NO PROPORTION OF ADDITIONAL PREMIA ALLOCABLE TO INSURING AN AMOUNT IN EXCESS OF THE INSURED VALUE OF THE TUG (AS OF THE DATE OF COMMENCEMENT OF PERFORMANCE OF THIS CONTRACT) SHALL BE REIMBURSABLE BY THE GOVERNMENT IN RESPECT OF ANY OF THE FOREGOING WAR RISK POLICIES. PROVIDED FURTHER THAT THE CONTRACTOR SHALL APPLY FOR AND REMIT TO THE GOVERNMENT AS SAVINGS ANY REBATES BY REASON OF TUG TRADING IN LOWER-PREMIUM WAR RISK AREAS. PROVIDED FURTHER THAT THE UNITED STATES OF AMERICA SHALL BE NAMED AS AN ADDITIONAL ASSURED WITH WAIVER OF SUBROGATION NOTED UNDER ALL OF THE FOREGOING WAR RISK POLICIES. ALTERNATIVELY, WITH RESPECT TO ANY AREA(S) EXCLUDED BY WAR RISK TRADING WARRANTIES UNDER OWNER?S COMMERCIAL WAR RISK INSURANCE COVERAGE, IN GOVERNMENT?S SOLE OPTION AND AT NO COST TO THE GOVERNMENT, THE GOVERNMENT MAY DELETE PARAGRAPH H16.3 WITH TWENTY-FOUR HOURS NOTICE IN WHICH CASE (I) H21 TUGCON WAR RISK COVERAGE SHALL AUTOMATICALLY BE EFFECTIVE IN SUCH AREA; OR (II) THE GOVERNMENT SHALL OFFER AN INDEMNITY UNDER PUBLIC LAW 85-804. H16.4 INSURANCE NONAVAILABILITY. IF NO COMMERCIAL OR GOVERNMENT INSURANCE OR INDEMNITY IS AVAILABLE FOR SERVICE UNDER THIS CONTRACT COVERING THE RISKS IDENTIFIED IN H16.1, TUG SHALL NOT BE REQUIRED TO ENTER OR REMAIN AT ANY PORT, PLACE, ZONE, OR ROUTE SUBJECT TO SAID RISKS; GOVERNMENT IN SUCH CASE SHALL HAVE THE RIGHT TO ORDER THE TUG TO OTHER PORT(S) OR PLACE(S) CONSISTENT WITH BOXES 7 AND 8 HEREIN. ADD THE FOLLOWING AS H21: H21 TUGCON WAR RISK INSURANCE. H21.1 GENERAL - UPON RECEIPT OF NOTICE AND INSTRUCTION FROM THE CONTRACTING OFFICER, WITH RESPECT TO ANY AREA EXCLUDED BY THE WAR RISK TRADING WARRANTIES 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 CANCELLATION OF ITS WAR RISK INSURANCE REQUIRED UNDER H15 INSURANCE UPON ENTRY OF THE TUG INTO, OR EXTENSION OF STAY OF THE TUG IN SUCH AREA(S), AS THE CASE MAY BE, SUBJECT TO REINSTATEMENT UPON EXITING SUCH AREA(S), AND ACCEPT THE GOVERNMENT INDEMNITY OR WAR RISK INSURANCE, WHICHEVER IS APPLICABLE, IN LIEU OF SUCH COMMERCIAL WAR RISK INSURANCE. THE CONTRACTOR SHALL ENSURE THAT THE CANCELLATION 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 REINSTATED 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. H21.2 GOVERNMENT WAR RISK INSURANCE - UNDER THE AUTHORITY OF 46 APP. U.S.C. ? 1285, THE UNITED STATES MARITIME ADMINISTRATION (MARAD) MAY FURNISH THE FOLLOWING WAR RISK INSURANCE COVERAGE, SUBJECT TO CHANGE WITHOUT NOTICE, WHICH WILL BE EFFECTIVE DURING EACH TUG?S TRANSIT UNDER THIS CONTRACT IN AREAS WHICH ARE IN EXCLUSION ZONES 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. (A) WAR RISK PROTECTION AND INDEMNITY INSURANCE COVERING ALL LIABILITIES UP TO AN AMOUNT OF $100,000,000; PROVIDED THAT, WITH RESPECT TO POLLUTION LIABILITY, ALL LIABILITIES UP TO CLUB OR POLICY LIMITS SHALL BE COVERED; AND (B) WAR RISK HULL AND MACHINERY INSURANCE, CURRENTLY IN AN AMOUNT UP TO 150% OF THE ACTUAL HULL VALUE OR $45,000,000, WHICHEVER IS GREATER; AND (C) WAR RISK SECOND SEAMAN?S COVERAGE, THE PRINCIPAL SUM OF WHICH SHALL BE $200,000 PER MASTER, OFFICER, OR CREW MEMBER (THIS INCLUDES LOSS OF LIFE BENEFIT). NON-HOSPITALIZATION DISABILITY PAYMENTS THEREIN TO BE PAYABLE IN THE AMOUNT OF $1,500 PER MONTH. HOSPITALIZATION DISABILITY PAYMENTS THEREIN TO BE PAYABLE IN THE AMOUNT OF $1,000 PER MONTH. DISMEMBERMENT BENEFITS TO BE PAYABLE IN ACCORDANCE WITH THE SCHEDULE IDENTIFIED IN THE POLICY AS A PERCENTAGE OF THE PRINCIPAL SUM OF $200,000. FOR LOSS OR DAMAGE TO PERSONAL EFFECTS, AN AMOUNT NOT EXCEEDING $1,500 SHALL BE PAYABLE TO LICENSED OFFICERS, AND AN AMOUNT NOT TO EXCEED $1,000 SHALL BE PAYABLE TO UNLICENSED CREW. H21.3 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 H21.2. (A) H24 TOWING LIABILITY "H24.1 ANY AND ALL COSTS ASSOCIATED WITH THE FOLLOWING SHALL BE FOR THE SOLE ACCOUNT OF THE OWNER WITHOUT RECOURSE TO THE GOVERNMENT, PROVIDED THAT THE FOLLOWING RESULTS DURING THE PERFORMANCE OF SERVICES UNDER THIS CONTRACT, OR PREPARATIONS THEREFOR, FROM ANY NEGLIGENCE, WRONGFUL ACT OR OMISSION OF OWNER OR ITS AGENTS, SERVANTS, EMPLOYEES, OR SUBCONTRACTORS; OR FROM ANY UNSEAWORTHINESS, UNFITNESS, OR BREAKDOWN OF ANY TUG, GEAR, OR OTHER EQUIPMENT FURNISHED BY OWNER UNDER THIS CONTRACT: (A) INJURY OR DEATH OF TUGMASTER OR CREW OF THE TUG, OR OF CAPTAIN, OFFICERS, OR CREW OF THE TOW; (B) INJURY OR DEATH OF ANY PERSON ABOARD THE TUG OR TOW; (C) LOSS OR DAMAGE SUSTAINED BY THE TUG OR TOW, OR ANY PROPERTY ABOARD THE TUG OR TOW; (D) LOSS OR DAMAGE TO THIRD PARTIES OR THEIR PROPERTY BY REASON OF CONTACT WITH THE TUG OR TOW, OR BY ANY OBSTRUCTION CREATED BY THE PRESENCE OF THE TUG OR TOW; (E) ANY LIABILITY EXPENSE IN RESPECT TO WRECK REMOVAL FOR THE TUG OR TOW, MOVING OR LIGHTENING OR BUOYING THE TUG OR TOW, OR PREVENTING OR ABATING POLLUTION ORIGINATING FROM THE TUG. H24.2 WHENEVER THE TUGMASTER (OR ANY CREW) OF ANY TUG FURNISHES OR IS ENGAGED IN FURNISHING TUG POWER OR ASSISTANCE TO ANY VESSEL (WHICH VESSEL UTILIZES OR HAS READILY AVAILABLE HER OWN PROPULSION CAPACITY) AND GOES ABOARD SAID VESSEL, OR WHEN ANY LICENSED PILOT GOES ABOARD SAID VESSEL, THE TUGMASTER, CREW MEMBER OR LICENSED PILOT BECOMES THE SERVANT OF THE OWNER OF THE ASSISTED VESSEL IN RESPECT TO THE GIVING OF ORDERS TO ANY OF THE TUGS PROVIDED FOR OR ENGAGED IN SAID SERVICES AND IN RESPECT TO THE HANDLING OF THE VESSEL. FURTHER, NEITHER THOSE PROVIDING THE TUG OR PILOT, NOR THE TUG, ITS OWNERS, CHARTERERS, OPERATORS, MANAGERS, OR AGENTS SHALL BE UNDER ANY LIABILITY FOR EXECUTING THE ORDERS OF SAID TUGMASTER, CREW MEMBER, OR LICENSED PILOT, NOR SHALL SAME BE LIABLE FOR ANY DAMAGE RESULTING THEREFROM, UNLESS SAID DAMAGE IS CAUSED OR RESULTS FROM THE NEGLIGENCE OR WRONGFUL ACT OR OMISSION OF THE TUG OWNERS, CHARTERERS, OPERATORS, MANAGERS, EMPLOYEES, OR AGENTS OF THOSE FURNISHING THE TUG OR PILOT. H24.3 IN ALL INSTANCES IN WHICH ANY VESSEL BEING HANDLED BY OWNER'S TUG SUSTAINS DAMAGE OR IS INVOLVED IN ANY INCIDENT RESULTING IN DAMAGE TO VESSELS OR PROPERTY, OR IN BODILY INJURY OR DEATH, OWNER SHALL SECURE A REPORT FROM THE TUGMASTER OR OFFICER ACTING AS PILOT, OR FROM ANY LICENSED PILOT ABOARD THE VESSEL BEING HANDLED. OWNER SHALL SUBMIT SAID REPORT IN TRIPLICATE TO THE CONTRACTING OFFICER WITHIN TWENTY-FOUR HOURS FOLLOWING SAID INCIDENT, REPORTING THE FACTS, LISTING DEATHS, REPORTING THE EXTENT OF DAMAGES OR BODILY INJURIES, AND LISTING RECOMMENDATIONS TO PREVENT RECURRENCE." ATTACHMENT J2 IS INCORPORATED BY REFERENCE IN THIS RFP AND IS AVAILABLE UPON REQUEST. TUGCON FP CLAUSES. (1) OWNER AGREES THAT U.S. ARMED FORCES PERSONNEL MAY BOARD THE VESSEL AT ANY TIME AT ANY LOCATION FOR U.S. NATIONAL SECURITY PURPOSES, GIVES CONSENT FOR SUCH BOARDING, AND AGREES TO COOPERATE FULLY WITH SUCH U.S. ARMED FORCES PERSONNEL ON THE BOARDING PARTY. (2) OWNER AGREES TO RENDER ALL NECESSARY ASSISTANCE TO SUCH UNITED STATES ARMED FORCES BOARDING PARTY WITH RESPECT TO THE IDENTIFICATION OF CREW MEMBERS OR SUCH OTHERS AS MAY BE ABOARD THE VESSEL, AND TO PERMIT THE UNITED STATES ARMED FORCES PERSONNEL TO SEARCH WITHOUT LIMITATION ANY AND ALL VESSEL SPACES FOR U.S. NATIONAL SECURITY PURPOSES. (3) OWNER CONSENTS TO THE IMMEDIATE REMOVAL OF CREWMEMBERS OR SUCH OTHERS AS MAY BE ABOARD THE VESSEL DEEMED UNSUITABLE FOR ANY REASON BY THE CONTRACTING OFFICER, OR U.S. ARMED FORCES PERSONNEL. OWNER AGREES TO REPLACE ANY SUCH CREWMEMBERS PROMPTLY SO AS NOT TO DELAY PROSECUTION OF THE VOYAGE, AND THAT SUCH REPLACEMENTS WILL FULLY COMPLY WITH ALL CREW SCREENING REQUIREMENTS. HIRER AGREES TO BEAR REASONABLE COSTS INCURRED BY THE OWNER ASSOCIATED WITH REPLACEMENT, IF NECESSARY. (4) HIRER RESERVES THE RIGHT, AT HIRER?S SOLE OPTION, TO EMBARK ADDITIONAL ARMED U.S. ARMED FORCES MEMBERS, FOR THE PURPOSES OF PROTECTION OF THE U.S. ARMED FORCES MEMBERS RESPONSIBLE FOR THE EQUIPMENT AS WELL AS THE EQUIPMENT BELONGING TO THE U.S. ARMED FORCES. THESE ADDITIONAL FORCE PROTECTION PERSONNEL WILL PROVIDE SECURITY IN ACCORDANCE WITH RULES OF ENGAGEMENT ESTABLISHED BY U.S. MILITARY AUTHORITIES, AND WILL OPERATE UNDER THE COMMAND OF COMPETENT U.S. MILITARY AUTHORITIES. OFFERORS SHALL PROVIDE A CERTIFIED CREW LIST PRIOR TO AWARD AND NO LATER THAN 120 HOURS PRIOR TO DELIVERY OF THE VESSEL AT THE LOAD PORT. A LIST OF ANY RELIEFS SCHEDULED TO BOARD THE VESSEL ALSO IS REQUIRED WITHIN 96 HOURS OF PERSONNEL CHANGE. THIS LIST SHALL INCLUDE FULL NAME (INCLUDING MIDDLE NAME OR THE LETTERS NMN IF NO MIDDLE NAME), DATE OF BIRTH, PLACE OF BIRTH, CITY AND COUNTRY, PASSPORT NUMBER AND COUNTRY OF ISSUE, AND NATIONALITY OF ALL CREWMEMBERS AND OTHER PERSONNEL ONBOARD THE VESSEL. THE LIST SHALL BE SUBMITTED IN AN ELECTRONIC FORMAT (IN MS EXCEL FILE FORMAT TRANSMITTED ELECTRONICALLY TO MSCHQ-CARGO@NAVY.MIL). B. INSTRUCTIONS TO OFFERORS OFFERORS SHALL USE THE GUIDELINES SET FORTH IN SECTION L OF TUGCON 90 FOR SUBMISSION OF OFFERS; HOWEVER, AT A MINIMUM, THE OFFERS MUST CONTAIN THE FOLLOWING: 1. TOWAGE PRICE AND DEMURRAGE RATE 2. SPEED OF ADVANCE (SOA) LADEN AND DETAILED ITINERARY. 3. PART I OF REF (A) TO INCLUDE FULL DESCRIPTION OF THE TUG(S). 4. SECTION K OF REF (A) FULLY COMPLETED. 5. PROPOSED ROUTE AND WEATHER DATA. SIGNED: CATHLENE JO STANGLER, CONTRACTING OFFICER, SEALIFT PROGRAM, N10/PM52
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