Form MA-163A Instructions for Application for Shipyard Financing

Title XI Obligation Guarantees - 46 CFR Part 298

MA-163A Instruction and Application for Shipyard Financing 4.15.2024

Title XI Obligation Guarantees - 46 CFR Part 298

OMB: 2133-0018

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OMB 2133-0018

Expires XX/XX/XXXX

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A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2133-0018. Public reporting for this collection of information is estimated to be approximately 150 hours per response, including the time for reviewing instructions, completing, and reviewing the collection of information. All responses to this collection of information are voluntary. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Maritime Administration, MAR-390, 1200 New Jersey Avenue, SE, Washington, DC 20590.


INSTRUCTIONS FOR

APPLICATION FOR SHIPYARD FINANCING

An application for shipyard financing (the “Application”) under the Federal Shipyard Financing Program (46 USC Chapter 537; “Title XI” or the “Act”), and the regulations prescribed to carry out the provisions of the Act (46 CFR Part 298; the "Regulations"), shall be prepared and submitted in substantially similar form as attached to these instructions:

  • Please answer each question as completely as possible.

  • The metric measurement system may be used when supplying data.

  • If any question or request for information in the application is inapplicable to the applicant's particular case or the answer is “N/A” or "None," this should be so stated.

  • No Title XI financing may be considered for approval until a completed Application has been received.

  • The applicant’s name shall be included on all accompanying electronic or physical documents for identification.

  • The Application and any associated documents should be submitted in Microsoft Word-compatible format (.doc or .docx) and/or indexed, searchable and copiable, portable document format (.pdf).

  • Financial spreadsheets should be in an unlocked Microsoft Excel-compatible format (.xls or .xlsx) with formulas.

  • Subsequent amendments and supplements to the Application shall utilize the same formats and shall be properly identified.

Any amendment to the Application shall include a cover letter marked "Amendment," contain a statement on the first page thereof, clearly identifying it as an amendment to the Application, state the name of the applicant, and note any changes to the Application.

Public Release of Application Information -

Part I: All information supplied in Part I of the Application will be released for public information purposes.

Part II-III: All information supplied in Part II through III of the Application will be subject to the following:

  • If the application, including the attachments thereto, contains information the applicant considers to be trade secrets or commercial or financial information and privileged or confidential, or otherwise exempt from disclosure under the Freedom of Information Act (FOIA), 5 USC 552(b)(4), the applicant shall assert a claim of exemption at the time of application.

  • The same requirement shall apply to any amendment to the Application.

Applicant Considerations Prior to Application Submission -

Prior to Application submission, the applicant should initiate a preliminary meeting with the Maritime Administration (MARAD) through its Office of Marine Financing (OMF), in Washington, D.C. to discuss the Application and requirements of the Act and the Regulations (a “Pre-Application Meeting”).

MARAD recommends this Pre-Application Meeting to (1) ensure that the applicant is able to submit sufficient information for the most efficient review of the Application and (2) consider the eligibility of the applicant for the "Streamlined Application Review” process.


Application Submission Process -

As part of the Pre-Application Meeting discussion, the applicant may request to be considered for the Streamlined Application Review process. MARAD will determine if an applicant is eligible, and then notify the applicant that it may proceed with the Streamlined Application process.

All Applications will be considered under one of two application processes: standard/traditional or streamlined.

  • Standard/Traditional Application process: Applications are accepted on a rolling basis. Applications not eligible for Streamlined Application processing will undergo review via this process. In general, all Applications are processed in order of receipt but are not required to be approved in that same order.

  • Streamlined Application process: Applicants are only able to submit for Streamlined Application Review at the invitation of MARAD. For the purpose of the expedited consideration of Applications for Title XI financing, a Streamlined Application is defined as an Application which exhibits higher credit quality and a lower probability of default; and, as a result, exposes the Title XI program to a lower level of credit loss.

Both Application review processes require the same information. The Standard Application process requires all required documentation at time of application submission whereas the Streamlined Application Review Process requires less initial information in the two-step process that evaluates earlier identified lower risk factors.

Application Submission Requirements -

Standard/Traditional Application Review: The Application shall be submitted to OMF electronically in two steps with the following parts and attachments via email to marinefinancing@dot.gov in the initial step:

  • Part I: Summary Information.

  • Part II: Applicant and Project.

  • Part III: Construction Period Financing (if applicable).

  • Attachment VII: Declaration Regarding Lobbying.

  • A request for wire instructions to transmit the required application fee of $5,000 or tracking information for submission of such application fee via courier/delivery service to OMF.

Applications will not be processed until the application fee is received.

Upon receipt of the application fee, OMF will provide applicants access to a secure document portal for submission of the other attachments of the Application that are required to be completed in accordance with the type of financing applied for, as set forth in Part I, Section 5 of the Application.

Streamlined Application Review: The Application shall be submitted to OMF electronically in three steps with the following parts and attachments via email to marinefinancing@dot.gov in the initial step:

  • Part I: Summary Information.

  • Part II: Applicant and Project (Partial - Sections I.A.1, II.A, II.F, IV.B.2-4, IV.D.1, and IV.E).

  • Attachment VII: Declaration Regarding Lobbying.

  • A request for wire instructions to transmit the required application fee of $5,000 or tracking information for submission of such application fee via courier/delivery service to OMF.

Applications will not be processed until the application fee is received.

Upon receipt of the application fee, OMF will provide applicants access to a secure document portal for submission of the following attachments of the Application: Attachment IV.

After evaluation of the parts and attachments provided in steps one and two, OMF will provide access to a secure portal for submission of the other parts and attachments of the Application that are required to be completed in accordance with the type of financing applied for, as set forth in Part I, Section 5 of the Application.

PART I - SUMMARY INFORMATION


  1. Name and address of applicant.

  2. Name and address of parent company (if applicable).

  3. Congressional district number of applicant.

  4. Shape4 Shape3







    Nature of application (check as many as applicable):

    1. Construction period financing (Also complete Part III)

    2. Mortgage period financing

  5. The Proposal:

    1. Describe briefly the proposed project.

    2. Provide the total estimated actual cost (details to be provided in Part II, Section IV.D.1); the requested level of Title XI financing (i.e., 87.5%, 75%); and the estimated financing amount.

    3. Indicate the requested period of the Title XI financing.

    4. Indicate the estimated construction commencement and completion date(s).

    5. Has the applicant or a related company previously applied for Title XI financing? If so, under what name and what was the outcome?

    6. Will the project involve indebtedness other than Federal Financing Bank notes? (if yes, specify):

    7. Name and phone number of principal contact concerning this Title XI application.

    8. Does the Applicant have a website? If so, please provide the address.

PART II - APPLICANT AND PROJECT

The undersigned, (herein referred to as the "Applicant"), hereby applies to the United States of America, represented by the Maritime Administrator of the Maritime Administration (the "Administrator") under the Act and the Regulations for the financing.

  1. THE APPLICANT: Its Identity


    1. Form of Organization -

      1. Please detail the business structure of the Applicant (e.g., corporation, partnership, limited partnership, limited liability company), including the name, address of the principal place of business, place of formation, and date of formation.

      2. Please provide the tax identification number(s) or equivalent(s) and NAICS code(s) for the Applicant and parent company (if applicable).

      3. Please provide certified copies of the certificate of incorporation and bylaws, certificate of formation, partnership agreement or other documentation forming the Applicant and parent company (if applicable) as Attachment XI. If more than one entity, please include a company organizational chart with annotations for ownership of less than 100%.

      4. Does the Applicant or parent (if applicable) have an active SAM.gov registration and UEI number? If yes, please provide. If no, please note one will be required before the application may be approved.

    2. Ownership -

      1. The Applicant shall provide the following information regarding the entity's officers, directors, partners or members: name and address, office or position, nationality and interest owned (e.g., shares owned and whether voting or non-voting).

      2. Please provide a brief statement of the general effect of each voting agreement, voting trust or other arrangement whereby the voting rights of any interest in the Applicant are controlled or exercised by any person who is not the holder of legal title to such interest.

  1. THE APPLICANT: Background


    1. Business Activities - Please provide a brief description of the Applicant's principal business activities during the past five years.


    1. Affiliated Entities - Please list all business entities that directly or indirectly through one or more intermediaries, control, are controlled by or are under common control with the Applicant. Please indicate the nature of the business transacted by each entity and the relationship between these entities. This information may be presented in the form of a chart in Attachment XI. Indicate whether any of the affiliated entities have previously applied for or received Title XI financing.

    2. Bankruptcy - Please indicate whether the Applicant, any predecessor or affiliated entity has been in bankruptcy or reorganization under any insolvency or reorganization proceeding. If so, please give details.

    3. Default - Please provide a statement indicating whether the Applicant or any predecessor or affiliated entity is now, or during the past five years has been, in default under any agreement or undertaking with others or with the United States of America. Is the Applicant currently delinquent on any Federal debt? If so, please provide explanatory information.

    4. Banking References - Please provide the following information:

      1. Principal bank(s) or lending institution(s) - name and address.

      2. Nature of relationship.

      3. Individual references, name(s), telephone and email address of banking officer(s).


    1. Financial Information - The Applicant shall submit as Attachment IV the following financial statements:

      1. The most recent financial statement of the Applicant, its parent and other significant participants, as applicable (year-end or intermediate), and the three most recent audited statements with details of all existing debt. If the Applicant is a new entity and is to be funded from or guaranteed by external source(s), it shall provide the abovementioned statements for such source(s);

      2. A pro-forma balance sheet of the Applicant and guarantor (if applicable) as of the estimated date of execution of the loan documentation reflecting the assumption of the Title XI financing, including the current liability; and

      3. Pro-forma balance sheets for five years subsequent to the closing.

  1. THE APPLICANT: Management/Operations


    1. Past Business Activities - A brief description of the principal business activities during the past five years of each officer, director, partner or member listed above in Section I.B.1. If these persons (have) act(ed) as executive officers in other entities, please indicate the names of these entities and whether such entities are in default under any agreement or undertaking with others or with the United States of America. Are any of these entities currently delinquent on any Federal debt? If so, please provide explanatory information.

    2. Business Relationships - The name and address of each organization engaged in business activities which have a direct financial relationship to those carried on or to be carried on by the Applicant with which any person listed above has any present business connection, the name of each such person and, briefly, the nature of such connection.


    1. Management Agreements - Please provide a copy of any management agreement(s) between the Applicant and any related or unrelated organization(s) which will affect the management of the Title XI project. Attach any copies of the management agreement(s) as Attachment X.



    1. Please provide a detailed statement showing the ability of the Applicant to successfully operate the shipyard, including name, education, background of, and licenses held by, all senior supervisory personnel concerned with the physical operation of the shipbuilding technology. This description should also include areas of operation.


    1. Please provide a brief description of the general character (i.e., number of building ways, launch method, drydocks and size) and location (i.e., water depth, length of riverfront) of the principal properties of the Applicant employed in its business. Describe each site, if more than one location. Describe financial encumbrances, if any.


    1. Please provide a detailed statement showing the Applicant's ability to successfully construct/reconstruct or repair vessels.


    1. Describe the types of vessels which will be built or repaired by the Applicant.


    1. Describe all union affiliations. Describe the size and capabilities of the workforce.


  1. THE PROJECT

    1. Project Description - The Applicant shall provide a detailed description of the project. The information requested should be presented as Attachment I. The project description must include:

      1. Provide a comprehensive statement detailing the work scope of all engineering, construction, and facility improvements completed and planned for which Title XI financing is proposed, including a Master Construction Schedule, Critical Path Analysis, Schedule of Values, and Material Ordering Schedule.

      2. Provide a brief statement describing the scope of other work and improvements which are not included in the Title XI project. This portion of the application should be supplemented by exhibits such as Gantt chart, plant/yard layouts, construction plans, specifications, and others as necessary to present a comprehensive scope of the work.

      3. Provide a comprehensive statement describing the technologies and production processes which will be employed including a detailed analysis of the productivity increases and/or savings which will be achieved. This portion of the application should be supplemented by exhibits such as process control and process flow diagrams and others as necessary to present a comprehensive description of the modern or advanced technologies to be utilized in the shipyard.

    2. Economic Soundness

      1. Market Study - The Applicant should provide a market review to demonstrate the need and potential market for the project. The market review should include market indicators (data) outlined in the attached market study guidelines in Attachment VI. The project's expected revenues and expenses should be consistent with the data presented in the market review.

      2. Revenue - Provide a detailed statement of the revenues expected to be earned from the project based upon the information provided above. The revenues should be estimated for the projected utilization rate for the vessel(s). A justification for the utilization rate should be supplied and should indicate the number of days per year allowed for maintenance, drydocking, inspection, etc.

      3. Expenses -

        1. Provide a detailed breakdown of estimated daily operating expenses for the shipyard, such as wages, including staffing, and aggregated to a straight line, overtime and fringe benefits; utility costs; cost of stores, supplies and equipment; maintenance and repair cost; insurance costs and other expenses (indicate items included).

        2. Provide a detailed breakdown of annual capital costs and administrative expenses, segregated as to:

          1. Interest on debt;

          2. Principal amortization; and

          3. Salaries and other administrative expenses (indicate basis of allocation).


      1. Forecast of Operations - Utilizing the revenue and expense information outlined above provide a forecast of operations for the Title XI project on a cash basis in spreadsheet form as Attachment XII. This forecast should incorporate expected reoccurring revenue and expenses for the requested Title XI financing period. The applicant should supply adequate backup details to support its assumptions.

    1. Design - Complete Attachment II by listing all identifying characteristics and the manufacturer for each item of the proposed shipbuilding technology. In addition, please complete Attachment III by providing the name of the proposed supervising architect and state his/her experience and qualifications.


    1. Cost of the Project - The following information shall be submitted with respect to the cost of the project.


      1. Actual Cost of Construction - A detailed statement of the estimated actual cost of construction or detailed statement of the estimated actual cost to manufacture the shipbuilding technology including those items which would normally be capitalized as construction costs and other items requested to be included in Actual Cost such as:

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Labor, Materials, and Equipment

$

Land

$

Escalation

$

Changes & Extras

$

Owner Furnished Items (at cost)

$

Design

$

Engineering

$

Inspection

$

Guarantee Fee

$

Net Interest during Construction

$

Commitment Fee(s)

$

Total Actual Cost (excluding foreign items)

$

Foreign Equipment and Service (by category as shown above)

$

Total Actual Cost (including foreign items)

$


Total Actual Cost (including foreign items)

$



















Please utilize Attachment VIII to provide a justification for the inclusion in Actual Cost of any foreign equipment or services. Any foreign equipment not submitted on the waiver request will not be considered for Title XI financing. If any category above is inapplicable, enter zero beside that category. Net Interest during Construction is total estimated construction period interest on non-equity funds less estimated earnings from the escrow fund, if such fund is to be established. If the project involves refinancing, Attachment V should be completed at the time of filing the application.

      1. Contracts - If any of the above costs have been incurred by written contracts such as the construction contract, management agreement, or manufacturing contract, signed copies should be included in Attachment V (unless provided in other attachments). If any contracts are anticipated to be signed, provide a draft(s), and indicate the expected date(s) of execution. The Applicant will be required to have the contracting shipyard submit back-up cost details and technical data.

      2. Other Costs - Provide a detailed statement showing the cost of any items not listed in Section IV.D.1 above proposed to be purchased in conjunction with the project. In addition, please include a detailed statement showing any other costs associated with the project not previously included, such as legal and accounting fees, printing costs, vessel insurance, underwriting fees, incentive payments, etc. A statement as to how these other costs are to be paid should be provided.

    1. Financing -

      1. Describe, in detail, how and when funds are to be provided to cover:

        1. the project equity (the difference between the capitalizable cost and the Title XI financing amount);

        2. the required working capital; and

        3. initial operating expenses. If any other person or entity is providing funding to the Applicant to assist in the financing of the project, please provide complete details about this funding.

      1. Please provide a detailed statement with respect to the types and value of assets (in addition to the shipbuilding technology being financed), including any corporate guarantees, being offered by the Applicant to collateralize the Title XI financing.

      2. What type of debt amortization is proposed? If other than level principal, please provide a justification.


    1. Environmental Impact -

      1. Are any Federal, State, Tribal, or local approvals, permits or certificates required pursuant to any law, rule, regulation, or ordinance related to the environment? If yes, provide copies of all such approvals, permits or certificates, or applications for same, that encompass the project and identify any environmental study or assessment that has been performed as Attachment IX.

      2. Describe any outstanding public interest in the project or any environmental justice concerns. Will the project have any impacts to historic or tribal resources?

      3. Please provide details of any in-water work activities required by the project, and any changes to stormwater management systems or outfalls.

PART III - CONSTRUCTION PERIOD FINANCING

If the application involves construction period financing (e.g., Title XI financing to aid in the pre-completion construction of the project), the following information is to be supplied:

  1. Has the project obtained a performance bond or insurance? If so, this performance bond or insurance documentation should be submitted.

  2. If the project has not obtained a performance bond or insurance, identify any consideration that is to be given in lieu thereof (i.e., a guarantee by the shipyard's parent). If a guarantee of the project performance is to be executed or the construction company and/or manufacturer is believed to have sufficient financial resources and operational capacity, the most recent audited financial statements of the appropriate party should be submitted.

  3. Provide a detailed draw-down schedule for the escrow fund with dates and amounts.

  4. Cargo preference requirements apply to any project that includes construction period financing with Title XI. Will there be any ocean transportation of any equipment, materials, or commodities under the project? If yes, please provide copies of all ocean bills of lading for all materials, or commodities shipped by the date of this Application, a short description of the US-flag carrier(s) and the service details to be utilized for all future shipments, and information as to plans for future shipment of ocean cargo (i.e., shipping plan) in the spreadsheet or narrative form as Attachment XIII. All shipments after the date of this Application must be reported (in the form of bills of lading) timely to MARAD’s Office of Cargo & Commercial Sealift via cargo.marad@dot.gov.





Signature Page


(Name of Applicant)


I, (Name) , do certify that I am the (Title of office(s) held) of

(Name of Applicant or Parent Company) , the Applicant on whose behalf I have executed the foregoing Application; this Application is made for the purpose of inducing the United States of America to approve financing pursuant to the provisions of 46 USC Chapter 537. I have carefully examined the Application and all documents submitted in connection therewith and, to the best of my knowledge, information and belief, the statements and representations contained in said application and related documents are full, complete, accurate and true.




By: (Signature)


Dated: , 20




Attest:

Name:

Title:



NOTE: The U.S. Criminal Code makes it a criminal offense for any person to knowingly make a false statement or representation or to conceal or cover up a material fact from any department or agency of the United States as to any matter within its jurisdiction (18 USC 1001).

ATTACHMENTS

Please complete the attachments using the requested form therein and file them with the Application. In the case of attachments where no form is included, please furnish the information in the manner requested in the relevant section of the Application.


Attachment I - Project Description


Attachment II - Identifying Characteristics of the Project


Attachment III - Proposed Architect Qualifications and Experience


Attachment IV - Financial Information (for a complete description of requirements, see Part II, Section II.F.)


Attachment V - Construction Contract and Request for Actual Cost Approval and Reimbursement.


Attachment VI - Market Study Guidelines for Title XI Projects


Attachment VII - Lobbying Form (a completed form must accompany the application and this form must be updated as events occur.)


Attachment VIII - Certification of Foreign Component Waiver Request and Foreign Item List Template


Attachment IX - Environmental Impact Approvals, Permits, Certificates, and Documentation


Attachment X - Management Agreements and Operating Agreements


Attachment XI - Organizational Documentation and Related


Attachment XII - Forecast of Operations


Attachment XIII - Cargo Preference Ocean Bills of Lading and Shipping Documentation


NOTE:

  1. For all requested information that is not being supplied at the time of application filing, indicate when these materials are to be supplied and the reason for not supplying them with the application.

  2. For Applicants with an existing Title XI debt, certain information requested in this application may already be on file with the Maritime Administration and need not be re-submitted if the information is current. For any such information, please advise and also note when the information was submitted.

  3. The Maritime Administration reserves the right to request additional information on any aspect of the project.

Attachment I


PROJECT DESCRIPTION

Please provide all requested project description information. For a complete description of requirements, see Part II, Section IV.A. The Applicant shall provide a detailed description of the project





















Attachment II



IDENTIFYING CHARACTERISTICS OF THE PROJECT

Please provide all characteristics and the manufacturer for each of the proposed shipbuilding technology. See Part II, Section IV.C.

Attachment III


PROPOSED ARCHITECT QUALIFICATIONS AND PROFESSIONAL EXPERIENCE

Please provide proposed supervising architect and state his/her experience and qualifications. See Part II, Section IV.C.

Attachment IV


Summary of Actual Cost Request

Applicant's Name Applicant's Address

Construction Company Name

Construction Company Address

Submittal No.

Period Covered From: to: Final Cost Submittal Date Date

Date of Last Previous Submittal


Instructions to Applicant

Requests for actual cost approvals and remittances must be submitted on this form and on the supplemental schedules listed below as applicable. Specific instructions are included on each supplemental schedule.

Remittances to Shipyard

Supplemental Schedule No.

Previous Cumulative Total

Actual Cost This Submittal

Cumulative Actual Cost To Date

Contract Base Cost Escalation Changes & Extras

Other Items

1




1




2 & 2A




3




1. Subtotal-Actual Construction Cost





Owner Furnished Items

Design, Engineering and Inspection At Owner's Cost

2. Subtotal-Actual Owner's Cost

4




5








Total (1 & 2) Actual Construction Cost:

Less: Items of Foreign Cost Not Allowed





6




3. Subtotal--Actual Construction and Owner's Outfitting Cost





Financing Costs:

Guarantee Fee/Commitment Fees Interest Expense

Interest Income

7












4. Subtotal--Financing Costs





Total--Actual Cost





5. Source of Payments





Escrow Fund Construction Fund General Fund

TOTAL

















Notes, Comments, Etc.



CERTIFICATION OF PAYMENTS


The undersigned has examined the records of and certifies the above cost figures and the attached supplemental schedules to accurately state the actual costs, both paid and to be paid, of in accordance with generally accepted accounting practices.

Date:



Name



Title











































Attachment V


Construction, Supply, Design, and Engineering Contract(s)


Please provide signed copies (or drafts if not yet executed) of all written contracts such as the construction contract, management agreement, and manufacturing Contract (unless provided in other attachments) for justification of all costs that have been or are expected to be incurred by the Applicant. See Part II, Section IV.D.2.

Attachment V


Supporting Documentation


Supplemental Schedule No. 1 Contract Base Cost and Escalation


Applicant's Name Applicant's Address


Contractor Name

Contractor Address


Submittal No. Date


Instructions to Applicant

List all remittances made to the contractor and manufacturer for the project construction as shown in the contract specifications. Include escalation, if applicable, as defined in the contract. Do not include the cost of subsequent amendments to the contract or changes and extras which are to be listed on Schedules 2 and 2A.



Date of


Contract



Payment

Notes or Comments (if required)

Base Cost

Escalation

Total


Attachment V


Supporting Documentation


Supplemental Schedule No. 2 Index of Changes and Extras

Applicant's Name Applicant's Address


Contractor Name

Contractor Address


Submittal No. Date


Instructions to Applicant

List all changes and extras in numerical order as indicated below. Fill in all information requested. Show total cost claimed at the end of the list. Attach Schedule 2A with information requested arranged in the same sequence.

If preferred, the Applicant may request the contractor to forward this schedule and Schedule 2A directly to the Office of Marine Financing, Maritime Administration at marinefinancing@dot.gov.


Change No. Description or Identification Subcontractor (if applicable.) Cost per Ship


Attachment V


Supporting Documentation


Supplemental Schedule No. 2A Changes and Extras Details


Applicant's Name Applicant's Address


Contractor Name

Contractor Address


Submittal No. Date



Instructions to Applicant

Enter below the details requested for each change order in the same sequence as listed in Schedule 2. The scope of work for each change should be briefly described. Major items of material and/or labor should be set forth individually--whether added or deleted. Sufficient detail should be included to justify the cost added or deleted for each change. Include as many changes as possible on each sheet.



Title of Change/Scope of



Net Cost

Change

Work by Phases/Material

Material Cost

Labor

of Change

No.

Description/Labor Description

Unit Total

Hours Cost

(+) or (-)


Attachment V


Supporting Documentation


Supplemental Schedule No. 3 Other Items



Applicant's Name Applicant's Address


Contractor Name

Contractor Address


Submittal No. Date



Instructions to Applicant

List below all items paid directly to the contractor or manufacturer which qualify as construction cost, but do not belong in the categories of base contract cost, changes, extras, and escalation. Example: insurance, storage of owner furnished items, performance bond; if such items are not provided for in construction contract.

Item No. Description Cost


Attachment V


Supporting Documentation


Supplemental Schedule No. 4 Owner Furnished Items


Applicant's Name Applicant's Address


Contractor Name

Contractor Address


Submittal No. Date



Instructions to Applicant

List below all owner furnished materials, equipment and services where the total cost per invoice exceeds

$2,500. At the end of the list include all invoices costing less than $2,500 in a lump sum opposite the description "Miscellaneous Owner Items." Description of individual items listed should include quantity, material specification, model No., horsepower, capacity, etc., as applicable, to allow review for reasonability of cost and eligibility as Title XI actual cost. Invoices containing the above information may be submitted in lieu of filling this form out provided a summary of all such invoices is provided with each submittal.


Note: If the item is not manufactured, show the name of the company who is furnishing the goods or services. Do not list brokers, jobbers, distributors, or representatives.



Item

Description or Manufacturer's Name*

Vendor's

Cost per

No. Quantity

Identification City and Country

Invoice No.

Shipset


Attachment V

Supporting Documentation Supplemental Schedule No. 5

Design, Inspection and Engineering at Owner's Cost


Applicant's Name Applicant's Address


Contractor Name

Contractor Address


Submittal No. Date


Instructions to Applicant

List below expenditures paid by the Applicant for design, inspection, and engineering in sufficient detail to permit review for Title XI eligibility and reasonability of cost.



Names of Applicant's Employees




Item

and/or Names of Subcontractors

No.

Invoice No. or


No.

Nature of Work Performed

Hours

Rate/Hour

Cost


Attachment V

Supporting Documentation Supplemental Schedule No. 6

Items of Foreign Manufacture, Growth or Origin


Applicant's Name Applicant's Address


Contractor Name

Contractor Address


Submittal No. Date


Instructions to Applicant

Under Maritime Administration policy all items of foreign manufacture, growth or origin are ineligible as Title XI actual cost. It is the responsibility of the Applicant to furnish the information listed below for each such item. This includes both goods and services. The total cost of the items listed will be deducted from the total actual cost eligible for Title XI financing unless a waiver has been requested by letter from the Maritime Administration and granted by the Maritime Administration by letter.


Item

Description or

Vendor's Name

Vendor's

Cost per

No. Quantity

Identification

City and Country

Invoice No.

Ship


Attachment V

Supporting Documentation Supplemental Schedule No. 7

Interest, Commitment Fees and Guarantee Fee


Applicant's Name Applicant's Address


Contractor Name

Contractor Address


Submittal No. Date


Instructions to Applicant

Fill out the information requested below concerning the interest and commitment fees for which you are requesting reimbursement in this submittal.


Period

Check Which

Principal

Interest

Amount

Covered

Int. Fee Paid to Amount

Rate

Paid



Attachment VI


Preamble, Market Study Guidelines

A portion of the information required by Part II, Section IV.B.1 submitted as Attachment VI of the Application relates to the overall market in which the shipyard will operate and the applicant's performance in that market. In order to assist the applicant in providing the most relevant information we have prepared the attached market study guidelines which should form the basis for your response. If you believe specific information items are not relevant to your project, please contact the Maritime Administration to discuss the data required to support your application.

Market Study Guidelines for Title XI Projects

      1. The applicant should describe their historical market share and projected market share following the project (shares can be measured in terms of traffic or capacity at the shipyard for desired vessel types ordered and/or built). The applicant should also:

        1. List major companies (addresses, if known) serving the market and their market shares.

        2. Provide information on the financial stability, reputation, and track record of major companies in the market.

      2. If new equipment is proposed for the project:

        1. Assess the availability, suitability, and cost of existing equipment that may be an alternative to the new equipment.

        2. Describe how the new equipment will be employed at the shipyard facility for the project and afterward.

      3. Quantify any projected savings or productivity improvements on:

        1. Work in the shipyard or backlogged.

        2. New orders new buildings/repairs.


Applicants should include a sensitivity analysis demonstrating the impact of variations in key assumptions on projected savings or productivity improvement estimates, identifying and assessing the potential risk factors that could impact the project’s financial viability. Risk factors may include, but are not limited to, changes in regulatory requirements, geopolitical events, market competition, and major external influencers. Applicants should explicitly identify and analyze external factors that have historically impacted the market or may pose a potential risk in the future.


      1. Describe how the shipyard will be competitive for new orders.


      1. Describe any vessels under construction or repair and related dollar value. Detail:

        1. Utilization of shipyard for vessels under construction versus repaired.

        2. Number of each vessel type under construction or repair.

        3. For each vessel type, cargo capacity (e.g., passenger berths, DWT, short tons, bbls).

        4. For each vessel type, environmental and sustainability measures observed, e.g., emissions standard compliance and fuel efficiency initiatives.

        5. Any trends in size, vessel types, speed, fuel consumption, crew size, other technological improvements.

Regulatory impacts, if any.

      1. Describe the size and dollar amount of any backlog.


      1. Provide a description of the type and volume of work the Applicant has performed over the last five years, in addition to:

        1. Thoroughly explaining any anomalies that occurred in last five years.

        2. Identifying major vessel types ordered and/or built. Include weight or volume measures, e.g., number of passengers/tons carried.

        3. Detailing qualitative factors affecting traffic or capacity trends, e.g., changes in regulatory requirements/geopolitical events.

        4. Identifying major customers, along with the nature of such connections.

        5. Estimating the type and volume of work the Applicant will perform for the next five years following completion of the shipyard improvement, along with an explanation justifying the estimates.

      2. Provide a market forecast for the next five years after completion of the shipyard improvement for the major vessel types the Applicant hopes to build. Information provided in market forecast should be thoroughly documented: footnotes, sources, and references. Footnotes, sources, and references should be comprehensive and easily verifiable.


      1. Describe how the shipyard improvement will enable the shipyard to meet customer needs.


      1. Describe any marketing activities by the Applicant with respect to attracting new customers. The applicant should provide detailed guidance on any proposed merchandising, advertising, and promotional plan, including specific strategies to tap into latent market potential.

Attachment VII


DECLARATION REGARDING LOBBYING

I, , do hereby declare under penalty of perjury, in accordance with the provisions of 28 United States Code 1746, that the following statements are true and correct to the best of my knowledge:

  1. I am the Chief Executive Officer of , an applicant (the "Applicant") for a financing pursuant to 46 USC Chapter 537, and this Declaration is hereby submitted in compliance with the provisions of 31 USC 1352, as amended by the Lobbying Disclosure Act of 1995, Pub. L. 104-65, December 19, 1995 (the "Lobbying Act").

  2. The submission of the information set forth herein has been duly authorized and approved in the manner required by the Applicant's articles of incorporation and its bylaws.

  3. There immediately follows a list of any lobbyists who have an obligation to register under the Lobbying Act and who have made lobbying contacts on behalf of the Applicant in connection with the requested Title XI financing:


  1. The Applicant will file a further declaration in the form of this Declaration at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in this Declaration.

  2. The terms "lobbyist" and "lobbying contacts" used herein have the meanings given to them by the Lobbying Act.




Dated:

Name Title

















Attachment VIII


Certification for Foreign Component Waiver Request


I, (name) , the (title) of ___ (applicant name) (the "Applicant") hereby request on behalf of the Applicant that MARAD grant a waiver from the domestic component requirement in 46 CFR 298.13(b)(2) to allow inclusion of the attached list of foreign components in the Actual Cost for the project as part of its financing pursuant to the provisions of 46 USC Chapter 537.

I certify that I have carefully examined the attached list of equipment and, to the best of my knowledge, information and belief, the statements and representations contained in said list are full, complete, accurate and true.



Dated:

(signature)





































Attachment VIII


Foreign Component List


Line Item

Description

Source

Manufacturer

Country of Origin

Amplifying Data




















Instructions for Submitting the Foreign Component List


  • See Part II, Section IV.D.1 for information pertaining to submission of foreign components.

  • Determine how many items of foreign equipment that will be in the waiver request.

  • Submit the justification for the foreign items using the format in this attachment with separate rows for item of foreign equipment on the waiver.

  • Description Column: Provide a description for each item of foreign equipment sufficient to identify its use.

  • Source Column: Note whether each the item of foreign equipment is being sourced as Owner Furnished or Contractor Furnished.

  • Manufacturer Column: Provide the manufacturer for each item of equipment.

  • Country of Origin Column: Provide the country of origin for each piece of equipment.

  • Amplifying Data Column: Provide one of the following foreign waiver justifications for each item of equipment:

  • Equipment/Service is not available in the United States for one of the following reasons:

      • Not available in time for building schedule/ spec out;

      • Equipment is part of a complex system and cannot be substituted; or

      • Domestic equivalent is not cost competitive.

  • Equipment/Service is available in the United States, but cannot be used for one of the following reasons:

      • Insufficient quality/ not acceptable marine standards; or

      • Metric equivalent not available.





















Attachment IX


Environmental Impact Approvals, Permits, Certificates, and Documentation


Please provide copies of all any Federal, State, Tribal, or local approvals, permits or certificates, or applications for same, that encompass the project and, if applicable, any environmental study or assessment. See Part II, Section IV.F.


Attachment X


Management Agreements and Operating Agreements

Please provide a copy of any management agreement(s) between the Applicant and any related or unrelated organization(s). See Part II, Sections II.C and II.D.















































Attachment XI

Organization Documentation and Related


Please certified copies of the certificate of incorporation and bylaws, certificate of formation, partnership agreement or other documentation forming the entity for the Applicant and parent company (if applicable). Please also include relevant organizational charts that illustrate the relationship between the Applicant, any affiliates, and the parent company (if applicable). See Part II, Sections I.A.3 and II.B













































Attachment XII

Forecast of Operations


Please provide the forecast of operations in a Microsoft Excel-compatible spreadsheet retaining all formulas used in the calculation of assumptions for the forecast. If necessary, please provide details in a narrative section or other form to support assumptions used in the forecast. See Part II, Section IV.E.

Attachment XIII

Cargo Preference Ocean Bills of Lading and Shipping Documentation


Please provide copies of all ocean bills of lading for all materials, or commodities shipped by the date of this Application, a short description of the US-flag carrier(s) and the service details to be utilized for all future shipments, and information as to plans for future shipment of ocean cargo (i.e., shipping plan) in the spreadsheet or narrative form. See Part III, Section 4.



Shape2

Form MA-163A (Rev. 04/2024)

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File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
File TitleForm Approved
Authorjbowers
File Modified0000-00-00
File Created2024-09-24

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